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Home My WebLink About2009-0505 Council Mtg PACKET CITY OF ASHLAND : ~"iin;Jh -,: j):1'r';;;;~i::<-,,:;~JfE7?:r;;>h~.;t~r<ji;o[j,4>;i~-, - ~!-; _~)Li?;E:J:<"}; :"~' "j;r',;S]r;;:k'i;~l::; ~-:; _;>1?f:;&r0;i1i;~!:~,,!,i~,iiHth;'ft);,1-_ o!;:>;;~ ::s;,~ I~ :'1 ~~ ,>_7 1, [", j P,0 '" I t 4; , -.: i" Imi:)ortant: :iAp'y~itizen'm~)','qia}ly'~ddress~theCoU1i{;i1.on:nqn_~_age'nda;ilerrs'qpDJjg the'~ybli?'~oium,_ AnYClhzen may SUbTrllt 'mIlten coJT1Tl1cn15 , fotlie:Council:~~JU;y'itJ~-6n-the':AgTend~; unless,it:i~'th~ subjed ora pub]ic,hean~garid ihe~ec~rd!is 'c1osed:',Ex-ceptiror p{lbll~~earings, thereijs,no' ; ,.;O.d-....",_.......,":~5"'...,.<-..,. _,;~",._.._o,..,,-,, :,.....L".,.,.-".. 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ASHLAND CITY COUNCIL May 5, 2009 Council Chambers 1175 E. Main Street 7:00 p.m. RegularMeeting 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 April 20, 2009 2. Executive Session of April 20, 2009 3. Regular Council of April 21, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation on Bike to Work Week / Ride with the Leaders Events 2. Proclamation of May 11-16 as "Police Week" and May 15 as "Peace Officer's Memorial Day" 3. Proclamation of May 10-16 as "National Historic Preservation Week" VII. CONSENT AGENDA [5 minutes} 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Waylon Zabriskie dba Lela's Cafe at 258 A Street? 3. Does the Council wish to approve a Liquor License Application from Denise Daehler dba Liquid Assets Wine Bar at 96 N Main Street #201? 4. Will the Council, acting as the Local Contract Review Board, approve the existing Change Orders and any other mandatory/necessary change orders not to exceed a total amount of $10,000 for the Reeder Gulch Hydro-Generator Maintenance? 5. Will the Council, acting as the Local Contracts Review Board, approve the Change order for $8,700 and the additional expenses amounting to $1,030 to complete the carport installation? 6. Should the Council accept the quarterly report as presented? VIII. PUBLIC HEARINGS (persons wishing to speak are to submit a "speaker request form" prior to the c.ommencement of the public hearing. 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 MEETINGS ARE BRO.A[)C>\ST LIVE ON CHANNEL 9 VIS!'!' THE CITY OF ASHLAND'S WEB SITE AT WIVW.ASHLAND.OR.US council {AMC !l2.04.050}} 1. Will the Council authorize the increase of fees for the Ashland Community Center, Pioneer Hall, and The Grove facilities to recover 75% of operational and maintenance expenses? [10 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) {15 minutes maximum] X. UNFINISHED BUSINESS 1. Does the Council wish to continue the current contract with RVTD to reduce transit fares in Ashland by 75%, or does the Council wish to change the contract to simultaneously restore Route 5 service and reduce the subsidy within Ashland to 50%? [40 Minutes] 2. Should the Council approve a Resolution supporting Senate Bill 29 - Instant Runoff Voting (IRV) and direct staff to notify State Legislators of the City's support and urge a Yes vote on SB29 and on its companion Bill in the House upon its submission? [10 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council make an appointment of a Budget Committee member as liaison to the Audit Committee for a term to expire April 30, 2010?[5 Minutes] XII. ORDINANCES. RESOLUTioNS AND CONTRACTS 1. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-Way Regulation and Providing for Donation or Loan of Functional Items" and move the ordinance on the second reading? [15 Minutes]. 2. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the AMC Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to second reading? [30 Minutes] 3. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance, Site Design and Use Standards (Section 18.72.030) Concerning Public Art on Historic Structures" and move the ordinance on to second reading? [15 Minutes] Please Note: The Public Hearina has been closed: Council will not accept any oral testimony on this item. 4. Should the Council conduct and approve the Second Reading of an ordinance titled, "Ordinance Amending AMC 2.28.045, Relating to Delegations of Authority to the City Administrator, Providing for Authority to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties, Amending AMC 4.24.070 and Amending AMC 4.34.060"? [15 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Does the Council have any questions regarding Councilor Jackson's report on the Green Cities Conference? 2. Does the Council have any questions regarding Councilor Navickas' report on the Historic Preservation Week Activities? XIV. SUMMARY OF MEETING XV. 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). Notifica/ion 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). . VISIt n.Lt UTY UI' t\SHLANU'S Well sn cr'T WWW.t\SHLANU.UK.lIS , CITYCOUNCUSTUDYSES~ON April 20. 2009 Page 1 of2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, April 20, 2009 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5 :30 p.m. Councilor Navickas, Lemhouse, Voisin, Silbiger and Chapman were present. Councilor Jackson was absent. I. Discussion regarding Standards of Cover for Ashland Fire and Rescue. Interim Fire Chief Larry Langston explained the history of the Standards of Cover template and that it is now an appendix to the National Fire Protection Association (NFPA) 1710 Standards. He introduced' Captain EMT-P Scott Hollingsworth and both provided a presentation that included: . Ashland Fire & Rescue (AF &R) - Standards of Cover 2009 I. Community Baselines - Existing and Proposed Staffing 2. Risk Assessment 3. Critical Task Analysis 4. Establishing Objectives 5. Response Reliability 6. Summary . History of fire in Ashland - Ashland Wildfire 1959 . Geography . Ambulance Service Areas . Existing Deployment - Current Staffing - 7 Firefighters . Proposed Staffing - 6-7 Firefighters most shifts . Calls for Service Chart - In 2008 there was 3,418 calls for service: 86% EMS, 14% Fire Captain Hollingsworth explained the Fire Department sends an ambulance and fire truck on a call to ensure there are remaining ambulances and fire trucks available for the next call. . Risk Assessment I. Risk Assessment Model 2. Risks by Type include Structure Fire, EMS, Wildland Fire and Technical Rescue. Technical. Rescue is not funded and the City will use the District 3 Technical Rescue Team as a resource once they are trained. . Risk Assessment Model- Events are categorized into four Risk Levels: 1. Maximum Risk - the Conflagration Act could be initiated for this level of risk and the State would cover fire-fighting costs. 2.' Si!,'l1ificant Risk - theaters, hotel, downtown corridor. 3. Moderate Risk - residential fires. 4. Low Risk - shed fires, minor auto accidents. Captain Hollingsworth clarified the downtown area was not considered maximum risk because the City has a good water supply. Southern Oregon University dormitories did not have sprinkler systems but the available water supply classified them as a significant risk on the edge of maximum risk. , . Risk Assessment Model- Essential resonrce considerations of Risk Levels is Distribution and Concentration . Map showing the boundary for a 5 minute drive time from Station 1 and 2 . Table of the City of Ashland's Existing Structures the Fire Department Protects . EMS Risk: 86% of all calls are EMS . Wildland Risk - Ashland Wildland Urban Interface (WUI) Map CITY COUNCIL STUDY SESSION April 20. 2009 Page 2 of 2 . Technical Rescue Risk . Critical Task Analysis . Structure Fires I. Low Risk - Requires 4 Firefighters and someone to manage the situation. 2. Moderate Risk - Requires 12 Firefighters - Ashland has 7 Firefighters with support from Jackson County 5 as needed. Once there are more than 2 crews working a situation, a Rapid Intervention Team (RlT) is required as back up. 3. Significant & Maximum Risk - Requires 26 Firefighters - Ashland is not staffed to deploy that number but could have that force within 30 minutes by accessing the Alann Matrix set up through out the Valley. 4. EMS Responses - The Dispatch Center uses a software prob'Tam to detennine requirements needed for specific calls. . EMS - Mass Casualty Incident (MCI): An MCI is any incident where 5 or more patients are anticipated to be transported for treatment. . Small Wildland Fires - 7 Firefighters . Large Wildland Fires . Technical Rescue Table . Establishing Objectives I. The Elements of Response Time 2. Dynamics of Fire Growth and Flashover - Objective #1 3. EMS Benchmarks - Objective #2 . Elements of Response Time - NFPA Fire Standards & Jackson County Ambulance Service Area (ASA) Standards . Time vs. Products of Combustion . Dynamics of Fire Growth & Flashover . Fire Response Objective #1: AF &R will respond to 90% of all fire suppression calls inside the City of Ashland with a response time of 5 minutes or less. . Fire Response Objective - 2008 Fire Response Goal . EMS Benchmarks - Patient Survivability with Early Defibrillation . EMS Benchmarks - Zone and Response Standards . EMS Response Objective #2: AF&R will provide emergency medical services to 90% of patients within ASA time standards. . EMS Response Objective & Goal . Response Reliability - Multiple Alarms . Summary City Administrator Martha Bennett explained Discretionary Immunity was defined as a defense against litigation because it prioritizes situations where there are more problems than funds and provides a plan to address those issues. City Attorney Richard Appicello added that Insurance Defense thought the Standards of Cover were an honest appraisal of what the City was capable of doing. Chief Langston clarified there is no charge for the 20%-25% of calls received outside of the City if it is within a Mutual Aid Boundary with the exception of EMS calls where citizens pay for ambulance services. The ambulance service collects approximately $710.000 a year in fees with the City paying for a portion of the EMS calls. Meeting was adjourned at 6:31 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING April 2/, 2009 Page / of8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 21, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present. Councilor Jackson was absent. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Stromberg noted vacancies on the Planning Commission, Public Arts Commission and Tree Commission. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS The minutes of the Study Session meeting of April 6, 2009, Regular Council meeting of April 7, 2009 and Joint Council/Parks Commission meeting of March 12, 2009 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg presented the Ragland Ward to the "Ashland Woodlands & Trails Association." Rogue Valley Council of Governments (RVCOG) Director Michael Cavallaro presented the annual R VCOG report that included: . Resurrecting the Rogue Valley Public Services Academy (RVPSA) . Rogue River Greenway - connecting Ashland to Grants Pass . Applying for a Grant to remove Gold Ray Dam . Creating a job description for a Regional Sustaihability Expert . Hosting orientation for newly elected officials . Restarting the R VCOG newsletter . Creating a Customer Satisfaction Survey for the Medford Planning Departmept CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Should the Police Department apply for a grant from the United States Department of Justice under the Byrne JAG grant program to fund an additional 605 hours of park patrolfor each of the next four years? 3. Does the Council wish to confirm Mayor annual appointments to the various Commissions and Committees? 4. Will Council approve authorization for new Airport Lease Agreement? 5. Will Council approve Resolution for Standards of Cover for Ashland Fire and Rescue? 6. Should Council approve a Resolution authorizing the City Administrator, Finance Director or designee to enter into a Full Faith & Credit financing agreement to reimburse the City for capital costs on Water and Wastewater projects? 7. Does the Council wish to approve a Liquor License Application from Mark Rosewood dba T's at 303 East Main Street? City Administrator Martha Bennett requested the Council pull item #6 for discussion. Councilor Chapman/Navickas mls to approve Consent Agenda items #1-5 and #7. Voice Vote: all A YES. Motion passed. ASHLAND CITY COUNCIL MEETING April 21,2009 Page 2 0[8 Administrative Services Director Lee Tuneberg explained the need to borrow $1 million to reimburse the Water Fund $700,000 and the Wastewater Fund $300,000 to protect reserves, The proposed resolution would repeal 2008-37 and 2008-40 where not all the projects identified last fall were initiated due to economic changes, It would also allow the City to purchase Full Faith and Credit instead of revenue bonds, In addition, the bank offered a $3million credit line that would remain open for 6 months and could cover any projects not funded through stimulus or grant funds at a reasonable interest rate, Councilor SilbigerlChapman mls to approve Consent Agenda item #6. Voice Vote: all A YES. Motion passed. Councilor Silbiger left the meeting at 7:30 p.m. PUBLIC HEARINGS 1. Should Council approve first reading of ordinance amendment to the Ashland Land Use Ordinance (ALUO) adding Chapter 18.63 Water Resource Protection Zones and first reading of ordinance amendments related amendments of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors? Mayor Stromberg announced that due to the absence of Councilor Jackson and Councilor Silbiger, the Staff Report and Public Hearing portion of the proposed Land Use Ordinance would be held during this meeting, The absent Councilors would review the Public Hearing prior to the deliberation that would take place at a future City Council meeting, ' Community Development Director Bill Molnar and Planning Manager Maria Harris provided a presentation that included: . Wetlands, Streams & Riparian Corridors - Update of City Regulations . History of Current Regulations . Project History . Project Timeline . Purpose of Update . Why are wetlands and streams valuable resources? I, Flood control 2, Waier quality 3, Water temperature 4, Fish and wildlife habitat 5, Community character and quality of life . Ashland Watershed Assessment & Action Plan . Ashland Watershed Assessment 2008 Key Findings I , Riparian Areas have been reduced to very narrow strip - under story sparse to non-existent 2, Himalayan blackberries dominate under story 3, 95% of watershed prone to high erosion potential 4, Abundance of restoration opportunities . Preparing for Climate Change in the Rogue Basin 2009 . Impact of Amendments . Update Package . Primary Updates . Chapter 18.63 Water Resource Protection Zones . Where the Regulation Apply: Wetlands, Steams and associated buffer areas . Water Resources Map . Identifying the Regulated Areas . Locally Significant Wetlands . Possible W,etlands . Riparian Corridors ASHLAND CITY COUNCIL MEETING April 21, 2009 Page 3 al8 . Local Streams . Intermittent & Ephemeral Streams . Approval Process I, Exempt Activities - no Permit 2. Limited Activities and Uses - Staff Approval w/notice 3, Reductions in Protection Zone - Staff Approval w/notice 4, Hardship Variance - Commission Approval w/notice . Revisions to Chapter 18.63 Since March 2 Council Study Session - Herbicide Use I, Moved to exempt activity 2, State law preempts local regulation of pesticide use (ORS 634,057) 3, Chapter 9,28 Pesticide Policy . Revisions to Chapter 18.63 Since March 2 Council Study Session - Trails I, Wider trails for accessibility and high pedestrian traffic areas 2, Educational displays . Issues I, Outdoor Use Areas 2, Weight Limitation of Equipment 3, Native Plant Requirement for Streams Mr. Molnar explained that Safe Harbor Standards have a 50% reduction and the allowance came from the Administrative Rules that allow up to a 50-foot reduction in a protection ZOne, The Planning Commission decided to have Type I Procedural Hearings regarding the 50% reduction because of its similarity to variances where the burden is On the applicant to show the minimum reduction necessary to accommodate what they want done, . Ms, Harris clarified that the ordinance is not application based, would apply to the Parks and Recreation Department except for parks with grand fathered exemptions, Public "earin!! Open: 7:56 p.m. Donald Morris/1644 Ross LanelRepresented the Ashland Watershed Partnership (A WP), The A WP recommended staff develop an enforcement plan in the ordinance or as a supplement. lt was vital to determine the process, the individuals who will initiate and carry out enforcement actions and that City staff working directly with enforcement understood the ordinance, Terry Clement/290 Grandview/Commented the ordinance will hinder building on his property due to the proximity of a seasonal creek. He understood the use of variance but stated the investment made in this particular property will now be even more expensive and felt the ordinance was too restrictive. James Moore/I 21 7 Park StreetNoiced his appreciation of the time and effort put into the ordinance but felt it required public education the City was unable to afford at this time, Numerous citizen resources could help with public education through volunteerism, He thought innovation and education would align the Water Resources Protection Ordinance with the Valdez Principals, Rivers Brownl1067 Ashland StreetfThought the use of pesticide should be included in the ordinance, He recalled an earlier incident with a Southern Oregon University worker using pesticide and suggested having Work Studies where people physically remove unwanted plants for trade or education in lieu of pay as an alternative to pesticides, Mr. Brown shared a line from Jacques Cousteau: "The oceans return to us what we give to them," and added the oceanS were dying, He hoped the ordinance would result in contributing to the health of the planet. . ASHLAND CITY COUNCIL MEETING April 21.2009 Page 4 0[8 Julie Norman/596 Helman StreetJExplained the State prohibits Cities from regulating pesticides on private property but felt there should be a review of the City's policies on pesticides in the parklands. She provided a map depicting land currently managed by the Parks Department. She stated the Parks Department was exempt . from 1996 policy regarding the use of pesticides and added the Parks Department's'pesticide policy covered safety measures, accountability, and stressed minimizing the use of pesticide. She noted the Parks Department's interest in reviewing their pesticide policy and recommended that the Council look at strengthening the Parks Departments policies that pertain to pesticides. Angie Thusius/897 Beach Street/Represented the Grandmothers and Friends in Green regarding the use of pesticides in the Water Resources Ordinance and the Parks Department. She urged the Council to withdraw the Parks Department pesticide use exemption and make the existing ordinance all encompassing. Last year, . the Environmental Protection Agency (EPA) and Fisheries were ordered to revaluate 37 commonly used pesticides in Oregon. The first three pesticides analyzed were put on a Fisheries Restricted List with a 500-foot pesticide buffer zone from streams. The EP A recently ordered manufacturers to test their products for possible endocrine harm from 67 chemicals. She noted a workshop on May 3,2009 at Glenwood Park to keep the park pesticide free adding there are approximately 85 pesticide free parks in the Northwest. John Ward/1525 Baldy Creek Road/Represented the Rogue Fly Fishers and expressed their support of the Water Resource Protection Zones Ordinance and its extensive coverage. He provided a map of Ashland's water runoff areas and noted the vulnerability of the community due to steep ridges. Margie Mee/l 049 E Nevada StreetJExplained her participation with the Madrona Artists, their involvement in spreading awareness about the Klamath River and how disturbed she was by what she heard. She urged the Council to provide leadership in making the community a pesticide free area. She mentioned a show on Public Television on Frontline called "Poisoned Water" that would provide new research and added the Beekeepers Association felt a pesticide free City was the best way to revive the bee populations locally. Dave Dotterrer/538 Sutton Place/Explained he was a member of the Planning Commission and did not support the ordinance. He disagreed with the process used and was not sure the ordinance would be understood by the average citizen perspective. He thought the ordinance had made good changes but would have been better with.citizen involvement. He reiterated his major concern was with the process. Royce Duncan/l 065 Paradise Lane/Felt that the process used in writing the ordinance was backwards by not creating goals and direction. The ordinance should be a resource for the community. There were technical and practical problems with the proposed ordinance outlined in documents Mr. Duncan had submitted into the record earlier. Claire Duncan/I065 Paradise Lane/Stated a sustainable Ashland was obtainable through the good will of the citizenry and was concerned the 20% of citizens most affected by the ordinance would accrue a sense of alienation. She recommended the Council use the funds for enforcement on homeowner restrictions for public education and community building efforts. JoAnne Eggers/221 Granite Street/Represented the Ashland Watershed Partnership who recommended technical experts or a Task Force review the draft for clarity, internal consistency, address unresolved issues and possibly add an index. Another suggestion was make the proposed ordinance user fiiendly by establishing a citizen review panel to see if they understood and could implement the various sections of the ordinance in . new development and remodeling situations then provide written feedback to staff and the Council. Greg Williams/744 Helman StreetINoted his history with Ashland Creek and a prior term on the City' Council. Mr. Williams thought a lot could be done using the Physical Constraints Ordinance 18.62. He encouraged the Council to look at the ordinance and question how easy it was for citizens to work with. He also wanted to see better education on taking care of streams. Protecting the stream was paramount and he did not feel the ordinance accomplished those goals. ASHLAND CITY COUNCIL MEET/NG April 2/, 2009 Page 5 of8 Rick Landt/468 Helman Street/Represented the Ashland Watershed Partnership and provided a presentation regarding Top of Bank, The ordinance was long and difficult' to determine the point from all the multiple definitions, He attributed the difficulties in determinirig Top of Bank to human alterations, steep topography, the scour point of the last flood and invasive plants, He provided possible alternatives, Councilor Chapman/Lemhouse, mfs to extend Public Hearing until 9:30 p.m. Voice Vote: all A YES. Motio,n passed. . Zach Brombacher/1370 Tolman CreekfExpressed concerns regarding the lack of citizen input and how the Mayor's participation previously on the Planning Commission gave an appearance of bias to the ordinance, The ordinance would erode his right to ownership and devalue his property without compensation, He noted his property location and added the study did not reveal how the City uses the creeks as storm drains without notification, He felt the public was unaware of what was occurring and were hopeless to fight the City, He hoped the Council would weigh the severity of the ordinance against what it attempts to accomplish, Mayor Stromberg clarified that Mr, Brombacher had spoken at Public Hearings before the Planning Commission and that,the Planning Commission had made a site visit to his property, Stephanie Tidwellf2300 Black Oak WayfExplained she was the Executive Director of the Klamath Siskiyou Wildland Center and shared the group's concern at the ongoing water quality issues in the Rogue Basin, The ordinance was an improvement but the Klamath Siskiyou Wildlife Center felt strongly the Parks & Recreation' Department should comply with the 1996 Pesticide Use Ordinance, The activities of the Parks & Recreation Department are significant in terms of potential impacts to water quality and there are viable alternatives to the pesticides the department currently uses, She added enforcement was insufficient and an educational program targeting property owners within watershed zones would be beneficial. She hoped Ashland,would set a high bar for sustainability and having an organic Parks and Recreation Department was a good start, Nicole Del Pizzo/321 Clay Street #3fExplained she was the Education and Outreach Director for the Lomakatsi Restoration Project. Through the Lomakatsi Site Adoption Plan, they have provided riparian restoration on 22 sites within the Ashland Bear Creek watershed, The Project's education program works with schools, at risk youth groups and community members, These groups are enthusiastic and want to help transform riparian corridors into a healthy native eco-system, She explained the method used for blackberry removal, gave examples of past projects and stressed community education and public outreach is a viable method of dealing with this issue, . Pam Vavra/457 C StreeUBecause of the last minute changes and public input, she hoped the Council would not approve the ordinance at this time and allow further development over the next three months for improvement purposes and public input. She applied time, space and manner for regulating pesticide use by property owners and suggested signage by property owners when using pesticides, She agreed with other testimonies on havirig an education campaign involving citizens, Tom Marr/955 North Mountain Avenue/Shared personal experiences from living on the Trinity River iri the late 1970's and the loss of a child from severe birth defects most likely from pesticides in the river. Trinity County eventually passed the strictest herbicide use ordinance in the country that was still in effect. Trinity County's previous ordinance was similarto the ordinance before the Council now, He eXplained what lead to the countrywide ban of herbicides on Federal land in Oregon, Many of the pesticides available to the public are on suspect lists, Even though State law prevents direct regulation of pesticide use by property owners the City could educate the public by example by becoming a pesticide free City, Paul Kay/1234 Strawberry Lane/Appreciated the progress of the proposed ordinance but did not think it was ready for approval. Two areas he felt were noi being adequately addressed were alternatives to pesticides and the migration of the active stream channel. Eliminating references to the pesticide policy did not meet the ASHLAND CITY COUNCIL MEETING April 2/. 2009 Page 6 018 objective of protecting and benefiting the health, safety and welfare of residents and animals. The Water Resources Ordinance as proposed does not include the short and long-term adverse impact of the application of pesticides or alternative mechanical or cultural methods upon humans, animals and plants that the Pesticide Policy does. The proposed ordinance provisions for education are helpful but need continuing research to increase understanding and skill for the successful management of the water and soil resources. The use of herbicides and pesticides being cost effective is a perception because often there are associated long-term costs to the capital resource resulting in increased operating costs and reduced residual value ofthe capital resource. The immediate cause is the suppression and development ofthe food webs microscopic foundations in the soil and waterresources. Mr. Kay recommended a book "Teaming with Microbes Soil Food Web," and offered to loan to the Council adding soil biology provides valuable services and might suppress invasive plants. He briefly noted the other issue of the migration of stream channels, streams move in sine waves and is important the City pays attention to the corridor. He recommended another book "The View of the River" and offered to loan to the Council as well. Marcia McNamaraJl 007 Ashland StreetlExplained she owns 500 feet of property on Clay Creek and the 40- foot buffer zone will make 40,000 square feet of that property unusable. She understood the need to protect the water but thought the ordinance should address the larger pieces of property along streams and creeks used for agricultural purposes. She noted the ordinance required hand held mowing devices within buffer zones and questioned how the City would be able to run motorized lawnrnowers in the parks close to streams. Liesa Holden/80S Oak StreetlExpressed her concern on the use of pesticides and encouraged the City to take a leadership role and demonstrate ways to get rid of pests and weeds. She lives near Ashland Creek, wants to be a good steward of the land and knows pesticides are not healthy for floral and fauna in the creek and eventually the ocean. Joe Holden/80S Oak StreetlExplained that Ashland Creek runs through his backyard and noted crayfish and steelhead were in the creek. To have pesticides go into the creek and possibly kill these animals was a serious issue for himself and his family. He expressed concern that pesticides could mutate the fish. Public Hearine: Closed: 9:2S p.m. (Record to remain open until a future Council meeting) The Council and staff discussed applying time, place and manner for herbicide and pesticide use. It would have to be considered strictly necessary to comply with State or Federal pesticide requirements and unlikely the City could initiate it because State law pre-empted Federal law regarding pesticide use. The Council requested information on the following: . The financial and operational impact to the Parks Department if the City eliminated use of pesticides . The enforcement plan and how would it be enforced . The original outline of the goals for. the ordinance . What the Parks Department's plans are regarding pesticides Councilor LemhouseNoisin m/s to continue deliberation and first reading until May 19,2009. Roll Call Vote: Councilor Navickas, Lemhouse, Voisin and Chapman YES. Motion passed. PUBLIC FORUM Brandon Givens/343 Bridge Street/Spoke on behalf of Rogue Valley Television (RVTV) and eXplained R VTV' s mission is to establish, manage and maintain a sustainable organization that provides public education and government access television services on a cooperative basis. RVTV is funded by cable franchise fees and cable subscribers pay for it. Mr. Givens noted this is the 20th anniversary of when RVTV was formed. RVTV is a Public, Educational and Government (PEG) station. The station relies on Southern Oregon University students to help with operations with a dedicated staff of three full time and three part time people. RVTV is here to help people share their vision with the community. He concluded with an invitation to attend an open ASHLAND CITY COUNCIL MEETING April 21, 2009 Page 70[8 house presentation at the Higher Education Center in Medford on May 30,2009. Pam Vavra/457 C Street/Requested support for Senate Bill 29 (SB29). She provided the Council with a draft of the resolution and asked to add it to the meeting agenda. She eXplained it was similar to the 2007 Resolution the City Council had passed previously. Included in the packet was a letter from Senator Jackie Dingfelder supporting Senate Bill 29, the full text ofSB29 and amendments proposed by the County Clerk's Association that addressed their concerns. She noted statewide support for SB29 and asked the Council to support it as we II. Councilor NavickasNoisin m/s toplace on the agenda under Ordinances, Resolutions and Contracts for discussion. Voice Vote: Councilor Navickas, Voisin and Lemhouse, YES; Councilor Chapman, NO. Motion passed 3- I. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS I. Does the Council wish to make the annual appointment tn the Audit Committee with term ending 4/30/2012?" City Recorder Barbara Christensen provided the staff report. Councilor Navickas/Chapman m/s to approve the appointment of Roberta Stebbins to the Audit Committee with a term ending 4/30/2012. DISCUSSION: Councilor 'Lemhouse voiced support for Marty Levine and emphasized this was not a NO vote to Ms. Stebbins. Councilor Navickas thought both individuals were qualified with backgrounds in Accounting. Councilor Chapman expressed his appreciation for both applicants and added he would vote for Ms. Stebbins. Roll Call Vote: Councilor Chapman, Voisin and Navi'Okas, YES; Councilor Lemhouse, NO. Motion passed 3-1. ORDINANCES, RESOLUTIONS AND CONTRACTS I. Should the Council conduct and approve the second reading of an ordinance titled "An Ordinance amending the Ashland Land Use Ordinance Sign Regulations Chapter (AMC 18.96) Concerning Recommendations for Additional sign age by the 2008 Downtown Task Force? City Attorney Richard Appicello read the title in full. Revisions to Replacement Sign on page 3, #24, under Definitions 18.96.020 were read as follows: "A change in the materials of a permitted sign in which the previously approved sign dimensions, supporting structure, and location remain unaltered," and striking "A change in the size or materials of a sign in a location where a permitted sign had previously existed prior to the proposed installation." Councilor Voisin/Chapman m/s to approve Ordinance #2982 as amended. DISCUSSION: Councilor Chapman suggested the 3-D sign specifications of 3 cubic feet be the same throughout the City instead of pertaining to the downtown area. Councilor Lemhouse agreed with Councilor Chapman.. Councilor Voisin was more comfortable not extending the 3-D sign requirements and waiting for the next sign code review in two years. Mayor Stromberg commented the amendment was moderate and fair and would support the motion to extend the requirements if a tie vote ensued. Councilor Navickas was willing' to support the amendment in an effort of fairness across the City. Councilor Chapman/Lemhouse to amend the motion on the table to restore 3D signs to the commercial and industrial employment district to duplicate what is already in the CID Region District. Roll Call Vote: Councilor Navickas, Lemhouse and Chapman, YES; Councilor Voisin, NO. Motion passed 3-1. Me Appicello read the amendment in full. DISCUSSION continued on amended motion: Councilor Navickas emphasized not allowing the 20 cubic foot sign age outside of the downtown was not related to the Alfredo statue at Wiley's World but a conservative . ASHLAND CITY COUNCIL MEETING April 21.2009 Page 8 af8 stance to limit gaudy commercialism throughout the area. Roll Call on the original motion as amended: Councilor Navickas, Lemhouse, Voisin and Chapman, YES. Motion passed. 2. Should the Council conduct aud approve the first reading of an ordinance titled, "An Ordinance Amending AMC 2.28.045, Relating to Delegations of Authority to the City Administrator, Providing for Authority to Extinguish City Interests in Real Property less than Fee Title, Authority to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties, Amending AMC 4.24.070 and Amending AMC 4.34.060?" City Attorney Richard Appicello read the title in full. Clarifications were made that the ordinance applied to month-to-month leases only and would authorize the City Administrator to vacate or extinguish easements, not grant them.' The Council was not comfortable delegating authority to vacate or extinguish easements. Currently vacating or extinguishing an easement required Findings deeming it not necessary for public use and a Public Hearing. , Councilor NavickasILemhouse m1s to approve first reading and place on agenda for second reading. Roll Call Vote: Councilor Chapman, Navickas, Lemhouse and Voisin, YES. Motion passed. Councilor NavickasILemhouse m/s to amend motion by removing item C. Extinguishing interest in real property. Roll Call Vote: Councilor Voisin, Chapman, Lemhouse and Navickas, YES. Motion passed. Roll Call Vote on original motion: Councilor Navickas, Lemhouse, Voisin and Chapman, YES. Motion passed. 3. Resolution regarding Instant Runoff Voting (IRV). Councilor Navickas supported the resolution, did not think it was controversial and was comfortable moving forward. Councilor Lemhouse was uncomfortable passing a resolution without a full Councilor public input and suggested it go on a future agenda for further discussion. Councilor NavickasILemhouse m1s to place on May 5, 2009 agenda. DISCUSSION: Councilor Voisin commented the Councilors not present voted for the resolution in 2007 and their absence might not make a difference in the vote. Roll Call Vote: Councilor Chapman, Voisin, Lemhouse and Navickas, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Lemhouse publicly thanked the Ashland Police Volunteers who helped in the Pear Blossom parade and festivities. The City of Medford will reciprocate by volunteering to support Ashland's Fourth of July parade. Mayor Stromberg shared Councilor Voisin's suggestion to have one Council Liaison report at each City Council meeting on a rotating basis. Having the Council provide Trip Reports was also suggested. ADJOURNMENT Meeting was adjourned at 10: i 9 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND AIRPORT COMMISSION March 3, 2009 MINUTES MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, BILL SKILLMAN, BRITTANY WISE, RUSS SILBIGER, TREG SCOTT STAFF: SCOTT FEURY, JIM OLSON MEMBERS ABSENT: ALAN DEBOER Visitors: Larry Graves, Alan Bender, Kirby Mills, Burl Brim 1. CALL TO ORDER: 9:30 AM 2. APPROV AL OF MINUTES: February 3rd, Motion by Hendrickson for approval, second by Skillman, unanimous vote, minutes approved as written. 3. Public Forum: Alan Bender states that new Medford Terminal is open and the new tower will soon follow. Traffic is down throughout the industry as well as locally. He also states that Allegiant Air will be adding a new flight to Los Angeles starting in May. 4. OLD BUSINESS: A. Hangar Door Installation: Fleury states that City received letter regarding terms for hangar door payback schedule that Skinner would like City to follow. Fleury also states that a discussion meeting is scheduled for Thursday March 5, 2009 with Mike Faught, Jim Olson, Megan Thornton and himself. Concerns have been raised about maintenance on hangar door due to wording in Skinner's lease. Skillman states he believes it is the responsibility of the City to replace the Hangar door not the Lessee. Wolske states that he believes a balance and fair position between the City and Skinner would be of benefit to both parties. Hendrickson motions for Zeve to speak with Mike Faught of the Public Works Department to give him and overview of the maintenance performed at the Airport, specifically the work performed on the FBO hangars, 2nd by Wise, all approved. Skinner and Fleury will discuss outcome at next Airport Commission meeting. Discussion continues with details regarding Skinner lease. Skinner has valid lease with City currently but has been looking to add additional terms and clarify some items in existing lease for approximately six years. Paula Brown was working on lease re-write but had other issues come up over the past couple of years that had stopped her from completing. Skinner will discuss some lease related issues at hangar door meeting on Thursday. Commission asks Skinner to bring proposed addendum to lease to the next meeting for review and Commission will try to move things along. Commission worries about lease development for new leases. Fleury states that the Lindner lease has been done and sent out to Lindner for review and that Legal has essentially created a template out of his leases for approval by Council. Fleury to gather more information regarding lease development for the next meeting. B. ODA Inspection Repairs: Removal of Blackberries to West of Runway has started. Fleury states that he has applied for the tree removal permit to remove trees to South of Runway 30 and will let Commission know when work will start. Fleury states C:\DOCUME-1\shipletd\LOCALS-1\Temp\March 32009.doc I that the rest of the items from the ODA inspection list will be taken care of as well as time allows. . C. Riparian Ordinance: No new information D. Airport Zoning Ordinance: Fleury continues to work on draft of zoning ordinance. Once complete he will hand over to planning for review. Fleury to work with Lea Light in the GIS department to develop new zoning map that compliments ordinance. E. Hangar Numbers: Fleury to work directly with Wolske regarding layout. Fleury needs to run Wolske plan by Hickman of Fire Department. Once number system has been determined Dale Peters of Facilities to order and install numbers. F. Signs: No new information G. CAP hangar: Fleury states he sent letter to CAP Wing Commander regarding concerns with use of CAP hangar and electrical issues noted during the recent inspection. 5. NEW BUSINESS: A. Airport Budget; Revenue and Expenditures: Olson, Fleury and Commission discuss 2009 budget with Commission and the development of the 2010 budget. Fleury asks Commission if they foresee any items that will require money other then ones currently on the budget list. Commission does not see any additional budgeting items needed. Fleury states that the ODA FAM Grant might not be available next budget year. Sandi Larsen from ODA will inform Fleury about the FAM Grant status as soon as she knows. Commission reviews previous years rental rate sheets and discusses whether or not to raise rental rates. The Cf'1 adjustment from January 200S to January 2009 was .03% so the lease rates had no adjustment. Fleury states the storm drain fees have doubled since the last budget year and he expects the other utilities to increase as well. Fleury states that there will still be a few projects performed at the Airport over the next year that will requires money and they include the tree removal. painting, grounds keeping and asphalt repair. Zeve motions for a price increase of five dollars for hangar rentals and an increase of two dollars for monthly tie down rates, 2nd by Wolske, all approved by unanimous vote. Silbiger states that increased operating/utility fees can be used as justification for rental rate increases. Skinner states that demand for hangars at the Airport have not decreased over the past few years and he does not expect demand to decrease any time in the future even with the current economic status. B. Burl Brim: Burl Brim attends meeting to discuss commercial aviation operations at the Ashland Municipal Airport. The Commission wants the Airport property utilized properly and would like and is committed to fair treatment of all people who use the Airport. Burl Brim gives overview of Operations on site; He has one 6000 gallon fuel tanker, one 2000 gallon batch truck, one each of a'SOO, 600, 500 gallon fuel trucks that follow helicopters out. He states that the fuel trucks are DOT certified and inspected every year by DOT and FAA. they also contain spill kits. Brim also states that the horse trailers are part of the rolling stock also because they use them when rounding up wild horses. Zeve asks about any previous agreement to use area behind hangar for equipment storage. Burl states there was no previous agreement for usage. Burl states that he made the improvements to area on an informal basis so he could have a storage space for his rolling stock until new hangar and parking lot are built. Once the new hangar and parking lot are built then he will have direct space to store his rolling stock. Commission asks Burl Brim if he is ok with creating an agreement for using parking space behind hangar. Burl thinks an agreement for usage would be fine and he will measure area of usage behind hangar and return numbers to Commission for verification. Commission to then discuss details of C:\DOCUME-1IshipletdILOCALS-1ITempIMarch 32009.doc 2 agreement and have them approved by both Commission and Council. Scott mentions that there needs to be specific requirements for a commercial user vs. a private user when it comes to parking af the airport. Fleury states that planning requires a certain amount of parking based on new planning applications that come through, but there is nothing that pertains to previously exisfing commercial operations that accommodate parking. The commission also questions whether or not Sky Research has an agreement to use space next to hangar for pcirking area. Fleury to research. C. Potomac SuperAwos: Skinner gives Fleury bill for net-link monitoring services. Skinner states the net-link system transfers weather information fo Potomac every 20 minutes and fhat information is available to anyone using www.superawos.com . Zeve asks Skinner for an update of the SuperAwos system with regards to FAA approval. Skinner has no new update, but will inform Commission as new sfatus becomes available. 6, AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport. Financial Report. Review of Safety Reports: Skinner is still trying to find an acceptable location to move trailer that is currently located at end of DeBoers hangars. B. Maintenance Updates - Electrical issues within maintenance hangar have been take care off. Fleury states that he is in contact with Dale Peters regarding maintenance issues with hangar door pins on new hangars. Peters is working with Adroit on necessary fix. 7. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 8. NEXT MEETING DATE: April 7, 9:30 AM ADJOURN: Meeting adjourned at 11 :35AM , C:IDOCUME-1\shipletdILOCALS-1ITempIMarch 32009.doc 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 10, 2009 CALL TO ORDER Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Planning Commissioners Present: Michael Dawkins Larry Blake Tom Dimitre Dave Dotterrer Pam Marsh Deborah Miller Melanie Mindlin Mike Morris Staff Present: Bill Molnar, .Community Development Director Maria Harris, Planning Manager April Lucas, Administrative Assistant Absent Members: None Council Liaison: Eric Navickas ANNOUNCEMENTS Community Development Director Bill Molnar announced the March Study Session has been moved to March 31 in order to accommodate individuals who will be out of town for spring break. . CONSENT AGENDA A. Approval of Minutes 1. February 10, 2009 Planning Commission Meeting 2. February 24, 2009 Planning Commission Meeting B. Letter of Support for City of Ashland Transportation and Growth Management Grant Commissioners Marsh/Mindlin m/s to approve the February 10, 2009 Planning Commission minutes. Voice Vote: all AYES. Motion passed. Commissioners Dotterrer/Marsh m/s to approve the February 24, 2009 Planning Commission minutes. Voice Vote: all AYES. Motion passed. Planning Manager Maria Harris provided a brief overview of the Transportation and Growth Management (TGM) Grant and explained several of the City's appointed and elected bodies are being asked to sign letters of support to accompany the grant application. Commissioner Marsh expressed disappointment with the letter and stated she would have preferred for the language to be stronger and clearer. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Exit 14 and 19 Aesthetics Advisory Committee Update Commissioner Dawkins stated he is a member of the Exit 14 and 19 Aesthetics Advisory Committee (AAC) and provided an update on the proposed bridge designs. Dawkins passed around the initial design concepts and stated most of the Committee Ashland Planning Commission March 10. 2009 Page 1 of 3 members preferred a clean look to the bridges. He noted the design for Exit 14 will include a bicycle lane and sidewalks across the bridge; he also noted the proposed railing and banners. Dawkins shared his concern with the amount of funding the State would provide for this project and suggested the City may have to pay a portion of the landscaping materials and installation. Commissioner Dotterrer stated it was his understanding that the State viewed Exit 14 as an entry into the Oregon and they were willing to spend the money to make it look nice. Dawkins indicated the State has not provided a budget, so the MC is unsure about the amount of funding available for this project. Mr. Molnar stated after the MC comes up with a few options there will likely be an assessment of the State's budget. Then the Committee will be able to make a final decision based on the total costs and funding available. Mr. Molnar commented briefly on the concept of flying banners on the bridge and clarified the City has a permit process for placing banners on public right of way and this would not conflict with the City's Sign Code. Commissioner Miller voiced her support for an attractive bridge design. She stated the preliminary designs are lovely and hopes the State will spend the extra money to make the bridges look nice. B. Planning Commission Input to Council Goal Setting - Discussion of Priorities Transportation Planninq Commissioner Marsh provided an overview of the Planning Commission's role in the Transportation System Plan (TSP) update and incorporating a planning vision and active participation. She noted the Commission's goal of updating the Ashland Comprehensive Plan and stated you cannot do land use planning without transportation planning, and vice versa. Marsh commented on the recent formation of the Transportation Commission and noted she has had conversations with Mayor Stromberg, Michael Dawkins, and Bill Molnar about how the Planning Commission can specifically be apart of the TSP update process. She recommended there be an official delegate from the Planning Commission to the Transportation Commission and stated they should define an arrangement and obtain the City Council's blessing. - Commissioner Dawkins voiced his support for a Planning Commission liaison. Dotterrer suggested the two commissions consider exchanging liaisons and they would participate as an active member on issues related to the TSP update. Mr. Molnar noted he had spoken with Public Works Director Mike Faught and Mayor Stromberg about how to have more interaction between the two commissions and they have discussed bringing the two commissions together every four months or so. Commissioner Blake recommended staff provide the Transportation Commission's agendas so they are aware of when they are meeting and what is being discussed. Marsh restated her recommendation for the Planning Commission to formalize a role in transportation planning in the form of joint Study Sessions and possibly a dedicated liaison. Dotterrer noted the motion regarding the recommended goals from the previous meeting and felt this adequately captured the intent. Mr. Molnar clarified the Council goal setting is scheduled to take place on April 11 and staff would prepare a statement on behalf of the Commission and bring it back for their review at the March 3151 Study Session. Comment was made questioning if the Planning 90mmission Chair could attend the Council goal setting and present the Commission's recommendations in person. Council Liaison Navickas voiced his support for this idea and encouraged Commissioner Dawkins to speak with the Mayor about this possibility. Sustainabilitv Commissioner Mindlin provided an overview of the sustainability goal. She commented on the completion of the sustainability inventory by the Sustainability Work Group and stated when people were asked "What does sustainability mean to you?" some of the main answers were: protecting the environment, wise use of resources, food security, local economic resiliency, and communications. Mindlin stated the second phase ofthis project is to determine what other communities are doing to promote sustainability, and stated a starting point might include researching sustainability plans, how citizen groups are interfacing with local governments, and local economic development. She stated her hope is that the City Council will support Ashland Planning Commission March 10. 2009. Page 2013 the Planning Commission's ongoing research into this subject. The Commission voiced their support for continuing this research. Croman Mill Site Redevelopment Plan Commissioner Morris commented on the Croman Mill Site Redevelopment Plan. He stated this is the last big chunk of available land and voiced his support for adopting a master plan before it gets divided up and developed into smaller parcels. He noted that he does have some questions and concerns with the Draft Plan, but overall supports moving this forward. Clarification was requested on what the City Council has directed the Planning Commission to do, and whether this Plan has already been adopted. Mr. Molnar explained the City Council did not adopt the Plan, but rather directed staff to initiate the planning for creating the Croman Master Plan. He stated the direction from the Council is for the Planning Commission to start hashing out the details and clarified the Commission would be able to incorporate some flexibility. Comment was made questioning if the Commission would be able to make substantial changes to the Plan. Mr. Molnar indicated they would need to consult with the Council on any major changes. Council Liaison Navickas stated the basic overlay was endorsed by the Council and they have forwarded it onto the Planning Commission to work out the details. Several commissioners shared their preferences on how this land should be developed and some voiced frustration that the Planning Commission was not given the opportunity to review and issue a recommendation on the Draft Plan before it went to Council. Planning Manager Maria Harris explained the City Council has directed staff to begin the process to implement the Draft Plan, which includes creating new ordinances and zoning overlays. She stated the Council did not adopt the Plan, but rather directed staff to work with the Commission on moving this forward. She noted the lengthy public involvement process that went into creating the Draft Plan and stated this public involvement will continue. Ms. Harris commented on the upcoming outreach that will take place as the Commission moves forward, and stated while some may disagree with elements in the Plan, it is important to respect the work that the community has put in thus far. She added it does not mean the Plan cannot be massaged, but it also should not be ignored. Council Liaison Navickas commented on ways the Plan could be expanded on or changed and provided some examples. Commissioner Marsh commented that it is clear the Croman Plan should be on their list of goals. She noted the dissenting opinions and stated they will have plenty to talk about as this moves forward. Commissioner Dimitre requested staff provided an analysis of how this Plan fits in with the expressed goals, which included workforce housing and sustainability. ADJOURNMENT Meeting adjourned at 8:45 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission March 10. 2009 Page 3 of 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES MARCH 31, 2009 CALL TO ORDER Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Planning Commissioners Present: Michael Dawkins Tom Dimitre David Dotterrer Pam Marsh Melanie Mindlin Mike Morris Staff Present: Bill Molnar, Community Development Director Maria Harris, Planning Manager April Lucas, Administrative Assistant Absent Members: Council Liaison: Debbie Miller Eric Navickas Larry Blake (Recused himself due to his affiliation with SOU) ANNOUCEMENTS Community Development Director Bill Molnar noted the Recommended Council Goals Memo that staff had prepared and stated if needed they could discuss this after the Master Plan Presentation. SOUTHERN OREGON UNIVERSITY MASTER PLAN UPDATE Mr. Molnar provided a brief history of the Southem Oregon University Master Plan. He explained the first plan was done in the 1950s and updated in the 1 960s to establish the campus boundaries. In the late 1970s and early 1980s the City became more actively involved in the Plans after the adoption of the Oregon Statewide Planning Program which created a coordination requirement. In 1979 the City approved a Cooperation Agreement with the University, adopted the 1980-1990 Campus Plan, and added Chapter 18.64 to the Municipal Code. The Master Plan has continued to be updated every 10 years and the Cooperation Agreement signed in 1979 is still in place. Mr. Molnar explained a few months ago the University began the process to create the 2010-2020 Master Plan and tonight Eric Ridenour with SERA Architects is here to present some of the options the University has been discussing. Mr. Eric Ridenour introduced himself to the Commission and explained SERA Architects was hired by the University to assist with their Master Plan update. He stated the University has conducted site visits, spoke with key stakeholder groups, have held general public forums and are at a point where they are honing in on a preferred alternative. He stated the next steps in this process will involve preparing the Draft Master Plan, coming back to the Planning Commission for a public hearing, and continuing on to the City Council for adoption of the Plan. Mr. Ridenour delivered a presentation to the Commission which addressed the following objectives and options for the 2010- 2020 SOU Master Plan: . Renovate and make modest expansions to the existing academic buildings. The Theatre Arts building would be the first priority, followed by the Sciences Complex and McNeal Pavilion. . Improve the quantity and quality of residential facilities. Option 1 proposes new residential housing to the north of campus, but retains the existing residence halls with minor renovations. Option 2 proposes more or less the same strategy as Option 1, but would remove dining services from the Cascade Complex and relocate it to a separate facility. Option 3 proposes to begin moving residential life to the Planning Conllniss;on Study Session Marcil 31. 2009 Page 1 of 2 north side of campus and would preserve the location of the Cascade Complex for future academic needs. Mr. Ridenour explained the preferred option is consistent with Option 3 but would retain the newer Madrone apartment complex and the Suzanne Holes building. It would move the bulk of the residential housing to the area between Ashland Street and McNeal Pavilion, and if this mixed use housing is successful, future residences could be added in that same area east of Wightman. Mr. Ridenour added if funding became available, the University would also like to pursue additional faculty housing. . Enhance the pedestrian core. Mr. Ridenour stated the idea is to "bookend" the two ends of the pedestrian core of the campus and to further enhance the pedestrian experience. . Enhance the athletic facilities. Ideas include adding field turf to the stadium field, developing a soccer field north of Iowa Street, and renovating the existing recreation building north of Iowa Street into a new women's athletics facility. The tennis courts could also be relocated to this area should housing be added on the east side of Wightman. Additional ideas include improving the circulation into McNeal Pavilion and creating a more grand entry to the stadium from Wightman. . Improve the campus gateways and transportation circulation. Ideas include improving the way you approach the campus along Siskiyou Blvd and changing University Way to a two-way street (right in, right out only). It was noted pedestrian safety is an ongoing issue, especially as more housing becomes available north of campus. Various options have been discussed, including a pedestrian ramp, pedestrian underpass, center lane underpass, and traffic circles. However because all these suggestions have significant constraints, the most likely option is to improve the crosswalk configurations and increase pedestrian visibility by using pavement and color more aggressively. Mr. Ridenour added at some point there may be enough pedestrian traffic during peak times to have an all pedestrian phase to the traffic signal. Mr. Ridenour's presentation also indicated the University would incorporate sustainability by: 1) increasing efficiency of the residence halls and academic buildings, 2) utilizing renewable energy development and water conservation measures, and 3) integrating sustainability teaching into the curriculum. He also commented on transportation demand management and encouraged the Commission's input on this subject. Mr. Ridenour noted the City's parking space requirement and commented on possible amendments to this requirement for the University. Mr. Ridenour concluded his presentation by proving the timeline for the 2010-2020 Master Plan adoption process and asked if the Commission had any questions. He clarified approximately 25% of students currently live on campus and the goal is to increase this figure to 35%-50%. Several comments were made voicing support for the preferred plan, including the creation of a sense of entry along Siskiyou Blvd and development of mixed use housing along Ashland Street. Additional suggestions were made to include transportation planning in this process and looking into possible amendments to the University's parking requirements. Mr. Molnar noted the timeline reviewed by Mr. Ridenour and stated staff would bring forward updates as this process moves forward. OTHER BUSINESS 1. Recommended Council Goals Memo No changes where requested to the Memo. Mr. Molnar indicated staff would submit the Memo as presented for inclusion in the Council's Goal Setting packet. ADJOURNMENT Meeting adjourned at 8:10 p.m. Respectfully submitted, April Lucas, Adminisfrafive Assisfanf Planning Commission Study Session March 31, 2009 Page 20f2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application - Zabriskie May 5, 2009 Primary Staff Contact: Barbara Christensen City Recorder E-Mail: christeb(cV.ashland.or.us None Secondary Contact: None Martha Ben Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Way Ion Zabriskie dba Lela's Cafe at 258 A Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I lI'4. ...'1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application - Daehler May 5, 2009 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christeb@ashland.or.us None Consent Question: Does the Council wish to approve a Liquor License Application from Denise Daehler dba Liquid Assets Wine Bar at 96 N Main Street #20]? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for greater privileges. 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). Related City Policies: ]n May] 999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I ~~, CITY OF ASHLAND Council Communication Approval of Change Orders for the Reeder Gulch Hydro-Generator Maintenance Meeting Date: May 5, 2009 Primary Staff Contact: Dick Wanderscheid Department: Electric E-Mail: wandersd(alashland.or.us Secondary Dept.: Purchasing Secondary Contact: Scott Johnson Approval: Martha Benne Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve the two existing Change Orders ($3,250.00iReplace two hydraulic pumps and $1 ,618.27/Install pump for cooling oil- total aggregate cost change of 60%) and any other mandatory/necessary change orders not to exceed a total amount of$ I 0,000.00 for the Reeder Gulch Hydro-Generator Maintenance? The initial contract for materials and labor in the amount of $8,066.07 to service the hydraulics of the hydro-generator was declared a Sole Source by Dick Wanderscheid, Director of Electric Utilities, in accordance with AMC 2.50.075. . Staff Recommendation: Staffrecommends that the two existing change orders (total aggregate cost change of 60%) and any additional mandatory/necessary change orders not to exceed a total amount of$10,000.00 (total aggregate cost change of 124%) be approved by the City Council. If additional change orders are required that exceed the $10,000.00 cap, a request to approve the additional change orders(s) will be submitted to the City Council for approval. Background: Please review the attached written findings, provided by Dick Wanderscheid, Director of Electric Utilities. Related City Policies: 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 reasonabiy 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. Page I of2 ~:., CITY OF ASHLAND Section 2.50.020 Public Contracting Officer's Authority B. Delegation of Authority. The Council. delegates authority to the Public Contracting Officer to execute amendm.ents or change orders to contracts upon the following conditions: 1. The original contract has been approved by Legal Counsel, or is otherwise exempt. 11. If an amendment or change order, the total aggregate cost change does not exceed 35 percent (35%) of the original contract amount. Council Options: The City Council, acting as the Local Contract Review Board, can approve or decline to approve the two existing change orders and any other mandatory/necessary change orders not to exceed a total amount of $1 0,000.00 for the Reeder Gulch Hydro-Generator Maintenance. Potential Motions: The City Council, acting as the Local Contract Review Board, can approve or decline to approve the two existing change orders and any other mandatory/necessary change orders not to exceed a total amount of $1 0,000.00 for the Reeder Gulch Hydro-Generator Maintenance. Attachments: Written Findings Contract Addendum (Change Order No. I & 2) ./ Page 2 of2 r~' CITY OF ASHLAND Memo DATE: TO: FROM: RE: April 21, 2009 .v Lee Tuneberg ( Dick wanderschei~ Reeder Gulch Hydro-tVIaintenance Back in FeblUary, 2009 we entered into a sole source contract with PAPE Machinery in Medford to perform maintenance on the Reeder Gulch Hydro generator. This work included removal, teardown and resealing the hydraulic pumps, changing oil filters, sampling oil, repairing leaks and checking the oil filters. Our previous experience with P APE and also the fact that we couldn't find other firms that could provide this service led us to sole SOlli'CC the project to P APE. Their initial price quote was $8,067 to complete all this work. They rccently.began the project and after getting into the pumps they discovered that the pumps can't be salvaged and actually need replacement. The price of purchasing and installing the new hydraulic pumps and a new cooling oil pump is $ 4128.27. We are requesting a change order to the existing PO to complete this work and finish this project. Please feel free to contact Scott Johnson at 552 2307 if you have questions, need more infonnation on this request. cc. Scott Johnson ElediicDepl 90 N Mountain Sl. Ashland. 0"'9011 97520 WMY.ashland.or.Us Tel: 541488-5357 Fax: 541-552 2436 TTY: 81lO-735.2900 ~~, ADDENDUM TO CITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 Addendum made this ~ day of April, 2009, between the City of Ashland ("City") and Pape Machinery, Inc. ("Contractor"). Recitals: A. On February 25. 2009 , City and Contractor entered into a "City of Ashland Contract for WORK Less Than $25,000" (further referred to in this addendum as "the' agreement"). B. The parties desire to amend the agreement to modifv the proiect to add two chanQe orders and extend the date of completion to Mav 29. 2009. City and Contractor agree to amend the agreement in the following manner: 1. The maximum price as specified on the original contract is being increased by the following change orders: . Change Order NO.1-Install pump for cooling oil, $1,618.27 Change Order No.2 - Replace (2) hydraulic pumps, $3,250.00 2. The date of completion is being extended to May 29, 2009. 3. The scope of services is modified to add the installation of a pump for cooling oil and to replace two hydraulic pumps. '- , 4. Except as modified above the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: CONTENT REVIEW: (City Dept. Head) I , I , [J i I I I I i i I I BY BY Finance Director Its Date Fed. 10 # OR Social Security # Date: Purchase Order # 08864 DATE Acc!. No.: 690111500602400 (For City purposes only) 1- CITY OF ASHLAND SERVICES CONTRACT <$25,000 ADDENDUM 04/20/2009 13:q8 54177&3818 PAPE ~IACHINERY ~IEDFO PAGE 03/04 ~4./VJ' P Ordt?Y ~, .1.. Product Support Estimate Customer: CITY OF ASHLAND Estlmale Number 0 Address: Date: 4/20/2009 CltY/Slale: Salesman: DAVE location: Pap. Machinery . 0 Expire Dale: 5/2112009 Contact: - Phone #: - Make: IModal: ALCDNZA ISar #: GENERATOR EouiD, # 0 THANK YOU FOR YOUR BUSINESS Item # Descriptlon Parts Labor Tolal 1 INSTALL PUMP FOR COOLING OIL $ 878.27 ~ 740,00 $ 1,618.27 ;Jail f /; e-e I I I I I ,- I I [ I $ - $ ! $ . $ - TOTAL $ 1,618,27 NOTE: THIS ESTIMA TE ASSUMES AU CORES MEET CORE ACCEPTANCE. DOES NOT INCLUDE ANY OTHER MACHINING OR FABRICATION NOT SPECJF1CALL Y LISTED ABOVE. THE CUSTOMER WILL BE CONTACTED FOR APPROVAL ON ANY EXTRA WORK. ALL REUSED PARTS MUST MEET REUSABILITY GUIDELINES FOR REUSE. NO FREIGHT, TAXOR SERVICE CHARGES ARE INCLUDED IN THIS ESTIMA rE. AU PARTS WILL SE ORDEREO srocK ORDER TERMS. ustomer Approval Dale Approved: P.O. (Ir roqulred) 04/20/2009 13:48 5417763818 PAPE ~IACHIHERY HEDFD PAGE 84/84 e: /l. P'(.-rt;Y VI- L~ i/ ~ ;;z Product Support Estimate Customer: CITY OF ASHLAND E~lima(e Number 0 Ad(jress: Date: 4/2012009 City/Slale: Salesman: DAVE location: Pape Machinery . 0 Exoire Date: 5/21/2009 Contact: - Phone #: , Make: IModel: ALCONZA ,Sor#: GENERATOR Equip. # 0 THANK YOU FOR YOUR BUSINESS Ilem# Description Parts labor TOlal , REPLACE 2 HYDRAULIC PUMPS $ 3,250.00 $ . $ 3,250.00 I r , , r , , $ $ ! . , $ - $ . i I TOTAL $ 3,250.00 , , . , I I NOTE:. THIS ESTIMATE ASSUMES ALL CORES MEET CORE ACCEPTANCE. DOES NOT INCLUDE ANY OTHER MACHINING OR FABRICATION NOT SPECIFICALL Y LISTED ABOVE. THE CUSTOMER WILL BE CONTACTED FOR APPROVAL ON ANY EXTRA WORK. ALL REUSED PARTS MUST MEET REUSABILITY GUIDELINES FOR REUSE, NO FREIGHT, TAX OR SERVICE CHARGES ARE INCLUDED IN THIS ESTIMArE. ALL PARTS WILL BE ORDERED STOCK ORDER TERMS, Customer Approval Dare Approved: - P.O. tH requIred) CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of Change Order Exceeding 35% of Original Contract Amount for Carport for Police Department May 5, 2009 Primary Staff Contact: Police E-Mail: Public Works/P mg Secondary Contact: Martha Be et Estimated Time: Terry Holderness ho Idem et@ashland,or,us Dale Peters Consent Agenda Question: Will the City Council, acting as the Local Contract Review Board, approve the Change Order for $8,700 (additional amount for labor/travel- total aggregate cost change of 47.5%) and the additional expenses amounting to $1,030.00 to complete the carport installation? Staff Recommendation: Staff recommends that the change order (total aggregate cost change of 47.5%), and the additional expenses associated with the project be approved by the City Council Background: The initial contract for materials and labor in the amount of$18,300.00 was awarded to Carports of Washington in accordance with the public contracting rules for an Intermediate Procurement, which requires three written quotes for goods and services between $5,000 and $75,000, The initial project commenced on April 13,2009. During the excavation for the carport's six (6) support footings, concrete footings from a previous structure were unearthed approximately 5' under ground, This finding was then reported to the City's Building and Planning Divisions, which lead to the project being halted. A Site Assessment Report was then required to be submitted to the Oregon State Historic Preservation Office, The Site Assessment Report found the concrete footings to be insignificant and the City of Ashland was granted permission to proceed with the project. Initial Bid for Carport Planning Site Review Permit Building Permits $18,300.00 1,008.50 629,88 $19,938.38 8,700.00 Change Order No. I Additional expenses: Archaeological Site Assessment Report Photos 1,000,00 30.00 Total $29.668.38 Page I of2 ~~, CITY OF ASHLAND Related City Policies: Section 2.50.020 Public Contracting Officer's Authority B. Delegation of Authority. The Council, delegates authority to the Public Contracting Officer to execute amendments or change orders to contracts upon the following conditions: I. The original contract has been approved by Legal Counsel, or is otherwise exempt. 11. If an amendment or change order, the total aggregate cost change does not exceed 35 percent (35%) of the original contract amount. Council Options: The City Council, acting as the Local Contract Review Board, can approve or decline to approve the change order (total aggregate cost change of 47.5%) and the additional expenses associated with the project exceeding 35% of the original contract amount. Potential Motions: The City Council, acting as the Local Contract Review Board, can approve or decline to approve the change order (total aggregate cost change of 47,5%) and the additional expenses associated with the project exceeding 35% of the original contract amount. Attachments: Written Findings Email confirmation granting permission to proceed with project Contract Addendum Change Order . Page 2 of2 ~.l' CITY OF ASHLAND Memo DATE: TO: FROM: RE: April 29, 2009 Lee Tunberg, Finance Director Dale Peters, Facility Maint Police Carports, Change Order #1 and Additional Expenses Request for Change Order to the Police Carports Project due to the following: Excavation commenced on 13 Apr 09 with the removal of material for the six support footings at approx 5' of depth concrete footings from a previous structure were unearthed. Notification to the Building Official, Mike Broomfield, lead to the conversation with Maria Harris, Planning Dept who in turn contacted Dennis Griffin, Oregon State Historic Preservation Office (SHPO), and the project was halted, The Carport of Washington work crew was released to return to Washington, to save the expense of having them remain on site, not knowing when the job would continue. Phone calls were made to Carports of Washington and it was understood a Change Order would be necessary to complete this project. The City hired Jeff LaLande, R.P.A. PhD to prepare a Site Assessment Report to be submitted to SHPO. On 27 Apr 09 we received and e-mail from SHPO, Dennis Griffin, State Archaeologist, the find was considered NOT SIGNIFICANT and we could continue with the project. New dates have been set to restart and complete the project of 13 - 15 . May 09 and the Change Order be issued with a revised Purchase Order reflecting additional costs. These costs reflect an increase in the PO of o~er 35% of the original contract and will require Counsel ApprovaL SCHEDULE OF COSTS Original PO # 08621 Change Order # 1 Additional Expenses Planning Site Review Permit Building Permits Archaeological Assessment Photos $18,300.00 8,700.00 1,008.50 629.88 1,000.00 30.00 Total $29,668.38 / FACILITY MAINTENANCE 90 North Mountain Ave Ashland, Oregon 97520 petersd@ashland.or.u5 Tel: 541.552.2292 Fax: 541.552.2304 m: 800.735.2900 ~~, From: To: Date: Subject: "Dennis Griffin" <dennis.griffin@state.or.us> "Jeff LaLande" <jmaxlalande@gmail.com> 4/27/2009 3,41,41 PM Re: City of Ashland construction-project arch'l assessment Jeff, I have received your email and concur with your assessment of the situation. I do not believe that the foundations you found should be considered significant to the National or State Register of Historic Places. I believe that the city project can proceed without any further delays. Our office understands that you are workin~ on a formal report of your findings and we look forward to receiving a copy of this in the near future. Meanwhile, however, the city need not wait until the report is completed and they can proceed with their development activities. I am glad that you were able to be reached by the city during their inadvertent discovery. Let me know if there is anything our office can do to assist you in the future. I look forward to reading your final report upon its completion. \ Dennis / Dennis Griffin, Ph.D., RPA SHPO State Archaeologist (503) 986-0674 (503) 986-0793, fax dennis.griffin@state.or.us >>> Jeff LaLande <jmaxlalande@gmail.com> 4/27/2009 3:17 PM >>> Dear Dennis: This message is to let you, as Oregon SHPO archaeologist, know that I've completed my on-the-ground assessment of the possible archaeological site at the City of Ashland's police parking lot project on East Main Street. I'm close to finishing the report, but with the press of other projects on my time I might not be getting it off to you for another week or more. *With the project having been halted for my assessment, I'm hoping that the following summary will enable you to let both me and the City (Dale Peters) know that the construction can resume at any time.* In summary, the concrete features exposed in the bottom of the six circular (3'+diameter), newly excavated holes for the planned police-vehicle carport are the buried sections of two linear, parallel lengths of concrete footings that remain from the lumber-drying kiln that was built on this same spot (ca. 1946-50) as part of the postwar Lithia Sawmill operation. Overlying these sections of remnant dry-kiln stem-wall footings/foundations, and extending up bearly to the current asphalt surface of the parking lot, is mixed fill that, based on the plentiful material exposed in the walls of all six holes (which includes fragmentary but roughly datable plastic and glass items), post-dates 1975. Neither the *in situ* concrete features nor the contents of the over-topping fill are 75 years old or older, and thus do not meet the State of Oregon's definition of an archaeological resource. In my opinion the construction project may resume without any adverse effect to potentially important archaeological values. My report will be sent to you when it is completed. Thank you, Dennis Jeff LaLande, R.P.A., Ph.D. CC, <petersd@ashland.or.us> ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES Addendum made this 6th day of Mav ("City") and Carports of Washinqton . 2009, between the City of Ashland ("Contractor"). Recitals: A, On October 6, 2008, City and Contractor entered into a "City of Ashland Contract for Goods and Services Less than $25,000" (further referred to in this addendum as "the agreement"). 8, The parties desire to amend the agreement to "extend the date of completion" and "increase the compensation to be paid to Contractor". City and Consultant agree to amend the agreement in the following manner: 1. The date for completion as specified in the agreement is extended to June 30, 2009. 2. The additional compensation to be paid to the contractor is $8,700.00 for labor and travel expenses to complete the carport installation. The project was halted due to the concrete footings found underground, which required a Site Assessment Report to be submitted to the Oregon State Historic Preservation Office. The Site Assessment Report found the concrete footings to be insignificant and the City of Ashland was granted permission to proceed with the project. 3. Except as modified above the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: BY BY Finance Director Its Date Fed, 10 # OR Social Security # CONTENT REVIEW: ) (City Dept. Head) Date: Purchase Order # DATE Acct. No.: (For City purposes only) 1- CtTY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES <;qrpor:ts o/Wasltingto,,:; Inc. P.O.J1ox 2389 (~ucklcyjVA. 9H321' PhO'nc ~ld Fax: (60) 829~2838; 'IV Ki:ic#CAliPOIV1945BR. Changer Qtd~..A.utl}()I'i~ation, AUIi: To:, Dale Peters' City of Ashland' 20 Ii. Main Sf Ashland:Ok.9752Q .q~.hge~Or<lerNo: I-revised Date:: 4/28/09 . _U', ,.Description "i'hi.~:~I.ll:!'_lgc. ~.rd~~ i,s t(j-yo;ljr:~iajn _c-ontia~fwith.Carports of WasHIngton. We'have'be~n ~~q\!~st~~:to_lll~ls.e 'the fo!ljJw~ng~h_aJfg~.s) addilJonSj or de!ctio.rls llildei:tlic J-n-aill contract: 1'otalNunlber of Pagel!:~ I , I , i I i , i I I I I I i I i I I i " . Phone: 'fax:: Fi.om:' (541)552_2292 (541 )552-2304 'CEmdvFord JohY :Pr.~)cct: 8121 AShliindPD,Bldg '('I) addilionaldays ~ (3) men"hi~or and travel, ~4.200.00 'FIlel, Lodging. PerJ:Jiem $1)10:00 .General'Ovcrhcad(4).days.;Y.cl'ew $.1.79,0.,00, .Phase Fee '.. SI,~,OO,OO' .CWI15% SI.600.00 :!CJri ~([l~se c.~/Y .ojt1~!i(alldJilCk"i1jiijJ1eP imd compressor-,Io'complete i;,stalfatioll,_ 'Deduc! fi'~lnoriglnai'til~e'sp~ntonjob . $'2,000.00 ,Total: $8. ZqO. 00 !heJoreg~ing- amount: o(tliis.changl?,~orsl_~t-.(s ,agreed, t_oa~:;~~~"~tltu_~il.l~Jllll; and:~~~lljl_ete:equitable; adjustment in,full satisfaction and accord'for,the'conte~t1p_~~te~,~Y.9r~':!?nhis c1i!\nge"~~ be incorpOrated 31id l~ad_~:~'pa)1 Cif,th'e:.!nain contracta~ecmcnt pre....iously,cxecuted'betwccn ~hc P~.t1~~.$.. ;~hc;f~i'ego,iilg_ch~\.ngc:ordef,-i{'acc:erted,:hpon: the:terms and :'conditions 'above' stat_ed:~[1~4!!hQ$9":"i,ll' ih~: Il!aj-", 'contract - , - Carnorts of Washing Ion. Jt31:Yf Suhconlmclol a Dale ' B~ if CQi~p"<iJiy,N!lij~~ ,Dale. r I , .1 I I I I I I I I I , E.xcept 'f{jr s~:c_~}ihaiig~s tts,s'etfo-urth' herein,,'all:ofthe: iemlS"and'condit ions 'of t,he-maJ.n, ~~lllrd"Ct; -:a~d)is it ltl.~Y ,hl!V~ he-~_f!h~~'et~fore illodifjed ,in-'!\VrItiil~, shall be.and remain .the-same. .1~}cre.a"se;.bYreaso)l ofthH(changc Order: b'rigill~lcontr~_~! ~n19u~.t: ' Previous change.orde~:. . New (otal contraCt afil(jui'lt: $8.700,00' $18,3.00:00 .$,'0- $27;000:00 By Authorized Signn~ur~ J~H!c This'change order must be.sIgnciJall(II~~t.urllcdto'(:8rports of Wnsliington, Ioc. . . TlIANKYOlI! Spcci~liy Contl'8ctorandS'lpplicr of Conimei'ciaI.Steel.Carports&R.V. Storage Cover~ CITY OF ASHLAND Council Communication Current Year Financial Report - January through March 2009 . Meeting Date: May 5, 2009 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Should Council accept the quarterly report as presented? Staff Recommendation: Staffrecommends Council accept the quarterly report as presented Background: The Administrative Services Department normally submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. Information can be provided in differing formats and timetables at Council's request. This report includes the first nine months of the fiscal year and is an indicator of how the end of year will look, It also is used to validate or adjust much of the information included in the proposed budget for the ensuing year., The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2008-09 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. Related City Policies: City of Ashland Financial Management Policies, Budget Doc,ument Appendix Council Options: Council may accept this report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the financial report as presented. B. Council moves to accept the report as modified by discussion, C. Council takes no action pending further information or clarification, Page I on ~~, C I T Y 0' F ASHLAND Attachments: Attached is the City of Ashland financial report for the period ended March 31,2009. This report includes: I, 1. Financial Narrative (pages iii-vii) 2. Summary of Cash and Investments as of March 31 for the last two years (page I) 3. Combined Statement of Financial Position City Wide (page 2) 4. Schedule of Revenues by Fund (page 3) 5. Schedule of Budgetary Compliance per Resolution #2008-13 amended by Council action for supplemental budgets and transfers of appropriations (pages 4-7) 6, Schedule of Expenditures by Fund (page 8) The numbers presented are unaudited and unadjusted: , Page 2 of7 -.. W.." CITY OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has decreased $3,040,585 between fiscal years at the end of March, This difference is less than the one reported last quarter, in part due to the dynamics of not having tax receipts and payments for the Youth Activity Fund in FY 2008-09. The total cash balance will probably decline between now and June 30 as the City and Parks use tax receipts to pay for some operations but overall differences in total cash balances will probably remain consistent through June 30, Each fund varies for its own reasons but it should be noted that only CDBG, Airport, Debt Service and Cemetery Trust funds have cash balances higher than they were last year. As reported in the past, funds that are capital project oriented (enterprises) are showing reduced balances and reserves (most notably in the Water and Wastewater funds) as capital expenditures are made without borrowing. The General Fund a'nd Parks & Recreation fund cash balances are reduced but close to the amounts anticipated in the budget process. The Telecommunications Fund cash balance is down slightly but reasonably close to the prior year balance, Please note that the Central Services, Insurance Services and Equipment Fund cash balances are all down significantly as described in the recent budget message. Central, Services is because internal charges have not been increased for several years, Insurance Services paid for the settlement and defense costs for the Mt. Ashland Association case and Equipment Fund loaned money to the Capital Improvements Fund to purchase the Clay Street property. The loan is expected to be repaid in FY 2010-2011, The distribution of cash and investment balances has changed dramatically between years, Besides having $3 million less cash on hand, the City Recorder/Treasurer has moved nearly $6,5 million into various investments outside of the Local Government Investment Pool. The amount held in bank accounts is $1.5 million or $861 ,420 greater than this time one year ago. The Combined Statement of Financial Position is similar to presentations in the annual financial report, It is intended to provide the reader an overall sense of the City's financial position at the present time, Unappropriated Ending Fund Balance (EFB) is $19.8 million, about $887,000 less than last year at this time. The balance is 4.3% less than the budgeted city-wide EFB and reductions in the last quarter of the fiscal year due to activities that rely heavily on property taxes for funding already received may be offset by increased enterprise sales revenue and reimbursement of capital project costs. The $886,995 reduction in fund balance relates to the revenue and expense issues identified above, A contributing factor is the $2.3 million less than projected EFB being carried forward trom FY 2007-2008, primarily due to limited capital financing in the prior year. Financing is 'being done in April and May of this year in the Airport, Water and Wastewater funds and will be reflected in the final reports for the year. Page 3 of? r~' CITY OF ASHLAND Revenues and BudQetary Resources at March 31, 2009, total $43,775,608 as compared to' total year-to-date requirements of $44,045,352 which results in a $269,744 decrease to Unappropriated Ending Fund Balance, This is $1.4 million more than the City's Adopted . budget of a $1.4 million decrease during the year and relates to the timing of receipts (especially property taxes) and expenses (especially operations paid for by property taxes), The positive difference of $1,67 million may remain constant through to June 30 as financing offsets use of property tax receipts, Important factors to remember are weather (water and electric revenues) and tourism (transient occupancy and food & beverage tax revenues). Other factors that could impact the total are capital projects and stimulus money received, FY 2008-2009 Total Revenues on a city-wide basis are down a little but consistent with FY 2007 -2008 after omitting Y AL receipts from the prior year. General tax receipts are up because of the added property tax rates levied in 2009 for various activities and increased revenue from utility franchise fees. Only internal borrowing has been done as of March and only 43% of internal transfers were completed in the first three quarters of the year. The $246,291 Transfer In primarily represents amounts paid between funds for debt service, Total Requirements are at 58,2% of the annual budget for this "third quarter" of the year with Personal Services at 71.8% and Materials and Services at 67,7%, These percentages of budget are lower than the prior year percentages because of the December 2008 reduction targets set by the City Administrator. Debt Service is 56.0% since the City budgeted for additional payments on monies borrowed but did not finance the projects, Similarly, Capital Outlay is only 21,8% of the annual budget and is $675,000 less than the amount expended in the prior year at the same point in time. This represents ,stopping all discretionary projects until financing can be done and revenue can be generated to pay the subsequent debt service. BudQetary Requirements activity includes the $246,291 Transfer Out mentioned above and $300,000 loaned between funds as part of the Clay Street purchase. If needed, Interfund Loans may end the year at about $625,000 which was the purchase price, Contingency has been reduced to $1.676,665 as of March 31 representing a reduction $91.335 (5.2%) for unanticipated expenses. Additional transfers from Contingency are likely to occur before the end of the June to ensure budget law compliance, The Schedule of Revenues by Fund provides an overview of total resources by fund for the year. All City funds except Telecommunications and Insurance Services are well below the 75% mark even though the total with Parks funds is 81.3% of budget. Staff estimates are that total revenues will be below the amounts budgeted due to the carry forward from the prior year being 10.2% smaller than anticipated. There has been borrowing in some funds that will help them come close to estimates but tax or utility revenue streams may.be less because of tourist industry trends or weather fluctuations, More telling information is found later in this report in the individual fund statements narratives to help the reader get a "sense" of how the year is progressing. Page 4 of7 ~~, CITY OF ASHLAND The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution that adopted appropriations for the year. (See the compliance section of the budget document.) Appropriations are as adopted except for those adjusted by the resolutions identified in the heading, The identified resolutions represent supplemental budgets and transfers of appropriations to remain compliant with Oregon Budget Law. To date the Administration, Administrative Services, Police, Fire, Public Works and Parks budgets have been adjusted through a supplemental budget for new revenue streams like grants or loans or unusual expenses that were addressed by a transfer from Contingency. Staff anticipates more adjustments in the last quarter as new revenues are identified or to protect against cost overruns. The Schedule of Expenditures by Fund is a summary report that balances the schedule for revenues on page 3. The totals for this report track closely with revenues but the reader should consider the information provided below for a better understanding of revenues and expenditures to date. An overview by fund is as follows: General Fund - Total revenues are 67,6% and expenditures are 64.1 % with $470,655 in Contingency unused. Charges for Services are 68,1 % and taxes are 76.4% of budget, respectively. The budget includes $1,000,000 in revenue for the sale of Strawberry properties and a similar amount to be spent on the affordable housing program, Neither will happen in this year. No further adjustments have been identified at this time. Fund balance is at 110% above budget and dropping with an expected ending balance of $1.88 million. CDBG Fund - Actual Revenue and Expenditures are well below budget and consistent with a,ctivities year to date but additional expenditures and reimbursements are expected in the last quarter of the year. Street Fund - A positive cash flow year-to-date has been recorded with $2,3 million in all resources and $2.0 million in operational and capital expenses, Limited capital project expenses have occurred as some projects are delayed and others await the master plan review, Airport Fund - Actual Revenue and Expenditures are well below budget with a $1,980 negative cash flow. Refinancing of the T-hangar debt was done in April and will be reported at June 30, Capital Improvements Fund - Total Revenues are 61.1 % with Charges for services over 75% of the annual estimate and total expenditures at 81.1 % of the budget resulting in a small deficiency of $86,000. This is well below the $482,000 positive balance budgeted due to transferring only half of the monies authorized as an interfund loan, Debt Service Fund- Taxes are at 93.5% of budget, Internal charges are at 83.4% and payments on debt are 75,7% of budget. Expenditures to date exceed Requirements by nearly $130,000 but staff anticipates the fund will end the year above the budgeted fund balance of approximately $1.2 million. Page 5 of7 -.. ..., CITY OF ASHLAND Water Fund - Resources are slightly ahead of the prior year thanks to the August rate increase, Volumetric sales remain low for the year. Sales (volume and dollars) in the prior two years were quite low prompting the recent staff proposal of a 10% increase. Expenditures to date exceed revenues by only $71,000 primarily to the December expenditure caps proposed and difficulty in financing upcoming projects. New capital projects have been postponed and approximately $700,000 in financing to reimburse the fund for completed projects paid from cash reserves will be received in the last quarter. Staff will need to monitor the revenue to expense and capital project costs to funding ratios through the next year. Wastewater Fund - Revenues and Expenses for the year are nearly equal at the end of the third quarter. This was made possible by caps on expenditures and new capital projects being postponed. The fund has a large ending fund balance at this point of $3.8 million which is almost 100% restricted, Operational fund balance will be partially restored with $300,000 in proceeds from the borrowing in the fourth quarter to reimburse the fund for capital improvements advance funded by cash, The treatment plant debt service is only 48% of budget at this time with the remaining amount to be paid by June. Shortfalls in Food & Beverage tax proceeds and increased costs for processing waste fostered a staff proposal for a 20% increase in April. The increase and caps on expenditures an delay in projects will assist this fund in carrying forward $3,5 million into the next year. Electric Fund - Total Revenues and Expenses are nearly equal with a $50,000 positive cash flow, However, the Ending Fund Balance carried forward from FY 2008 was two-thirds the amount projected due to financing be delayed into this year and sales falling short last spring and early summer. The current balance is 74% of budget at $1,5 million, Sales have remained low during winter and the lost revenue has been partially offset by caps on spending. The fund normally sees a considerable positive cash flow in the last quarter since this is when wholesale power is cheapest but good weather and increased sales of power are needed in May and June to meet the projected carry forward into FY 2009-2010 of $1.4 million. Telecommunications Fund - Total Revenue is at 77,5% of budget and nearly equal to last year's amount with greatly reduced interest earnings and virtually no miscellaneous income this year. Expenditures (including this fund's $356,000 portion of the Debt Service on AFN GO bonds) exceed revenues by only $84,731 at the 75% mark. Fund balance is stable at nearly $800,000 and is expected to remain that high through the end of year to help with future debt service in FY 2010. Central Services Fund - Revenues and Expenditures are both at the 66% range with a $300,000 reduction in ending fund balance, The budget included a total EFB reduction of $473,516 so the fund is close to projection thanks to a spending cap of 95% on all divisions. Staff expects continued constraints on spending and late revenue receipts will help this fund attain the $170,000 carry forward budgeted for next year. Insurance Services Fund - Expenses total $1,053,340 (78.6% of budget) representing annual premiums being paid to date, payment to the Mt Ashland Association to settle the dispute and reimbursing the Water Fund for legal defense costs. These costs have reduced the EFB below the preferred $1.0 million level to the $700,000 to $800,000 range, Staff will have to Page 6 of7 ~.1I w.." CITY OF ASHLAND. monitor this fund over the next few years to rebuild reserves needed to protect against large claims, Equipment Fund - Revenues are 61,6% of the budget and Expenditures are at 51.4% resulting in a $223,621 reduction in the fund balance despite spending caps and many equipment purchases being postponed, An interfund loan of up to $670,000 was approved from this fund to the Capital Improvements to purchase land. Only $300,000 of the anticipated $625,000 has been moved at this time, All amounts loaned are expected to be repaid in FY 2011, Cemetery Trust Fund - Charges for Service are 79,5% of budget. Interest earnings are at 18,6%, Interest earnings are transferred to the General Fund periodically through the year. The Ending Fund Balance is nearly $800,000 and climbing. Parks and Recreation Fund - Revenues are ahead of Expenditures at this point by $869,377 thanks to spending caps and advanced collections of property taxes. Charges for services are at $662,946 or 83.3% and $100,000 more than the prior year. Divisional expenses average 71,3%, The $2,0 million ending fund balance will continually drop through June as expenditures funded by property taxes reduce the amount. APRC needs approximately $1,5 million in carry forward to pay for July through October expenses since property taxes are not received in any sizable amount until November, The target EFB is set too low at 20% of annual revenues which equates to only $870,000. Ashland Youth Activities Levy Fund - The levy ended in FY 2008 so Parks only accounts for prior years' receipts and their distribution to the school district here in subsequent years. The amount budgeted should reduce each year until closing the fund is agreed upon, Parks Capital Improvements Fund - Little interest earnings and no transfers in for projects means only $6,726 in revenue as compared to $158,589 spent on park improvements, The ending fund balance is projected to meet the $107,590 budgeted. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. Page 7 on -.. r_~ City of Ashland Summary of Cash and Investments March 31, 2009 Fund General Fund Community Block Grant Fund Slreel Fund AilJlOrt Fund Capital Improvements Fund Oebl Service Fund Water Fund Wastewater Fund Electric Fund Telecommunications Fund Genlral Services Fund Insurance Services Fund Equipmenl Fund Cemele<y TfUSl Fund s s Parks & Recreation Age~ Fund Tolal Cash Distribution s Manner ollnvestrnenl Party Cash General Banking Accounts Local Govemroonllnv. Pool City Inveslments s Total Cash and InveslmenlS $ Dollar Distribution Balance March 31, 2009 2,818,284 S 50,950 2,304,003 84,968 919,757 1,111,149 1,503,849 3,609.056 610,002 647,409 332,151 977,730 1,099,752 784,015 16,853,075 S 2,331.497 2,331,497 19,184,572 S 3,560 S . 1,468,108 10,253,057 7.459,847. 19,184,572 S """''''' Raa..~f~ =~."".., "''''''',...... "". I""""""'" , '" ~ " IluWflUType , FUllC'I "'" trN/lCU~lhrJlnxm~ (Ol.'11,~ Balance March 31 f 2008 2,947,915 $ 3.718 2,519,879 6,179 1,076,547 538,045 2,315,543 4,077,946 965,770 662,546 876,502 1,415,174 1.538,548 763.455 19,717,566 5 2.507,591 2,507,591 22,225,157 S 3,5 to S 606,688 20,614,959 1.000,000 22,225,157 S Change From FY 2008 (129,631) 47,231 1225,676) 78.789 (156,790) 573,104 (811,694) (468.890) 1355,768) (15,137) (544,351) 1437,444) 1438.796) 20,560 (2,864.491) (176,0941 (176,094) (3,040,5851 50 861.420 (10,361,902) 8.459,847 , (3,040,5851 Cash Balanco Distribution Claim$& JodQemcnt! $400,000 '\ T "'" a \ !S7~~ ~fld rSS,W;186 =. CIIJ'~ fce, ". . ...:~"'6_ . ~....._ I $237,487 r-- 1~ -- ", $2.905,107 Olt1etilaselVlld IS':\. $241,4<')) 1," \) City of Ashland Combined Statement of Financial Position City Wide For the ninth month ended March 31, 2009 Fiscal Vear 2009 Percent fiscal Vear 2008 Year-To-Oato Ascal Year 2009 Collet:tool Year.rD-Oate Resource Summary Actuals Amended Expended Balance Actuals Revenues Taxes $ 13,795,535 $ 18,109,325 762% $ (4,313.790) $ 15,543,322 UCens.. and Permils 615,008 1,132,000 54,3% {516,994} 620,501 In.tergovernmental Revenues 1,160,044 4,3.\6,941 26,6% (3,100,897) 1,464,018 Charges lor Se<Vi<:es. Rale & Inlernel 24,676,417 34,478,194 71.6% (9,799,777) 24,004,204 Charges lor Se<Vi<:es. Misc. Service Ie.. 1,149,619 1,:344,100 85.5% (194,481) 1,949,894 System Development Cha'lJOS 206,825 930,000 22.2% (723,175) 567,635 Fines and Forfeitures 115.901 160,000 72.4% (44,099) 116,672 Assessmel11 Paymenls 24,412 100,000 24.4% (75,588) 56,375 Interest on Investments 265,125 794,600 33.4% (529,475) B08,918 Miscellaneous Revenues 1,071,472 1,685,080 63,6% (613,608) 432,588 Total Revenues 43.080,355 63,088,240 68.3% (20,007,884) 45,564,125 Budgetary Resources: Other Fmancing Sources 448,961 10,309,400 4.4% (9,860,439) Transfers In 248,291 573,748 42,9% (327,455) 363,831 T otel Budgela<y Resources 695.252 10,683,148 6.4% (10,187,894) 363,831 Total Resources 43,n5,608 73,971,386 59.2% (30,I95,nB) 45,927,956 Requirements by Classification PersonalSeMces 16,870,100 23,490,058 . 71.8% 6,619,958 16,630.500 Malerlals and SelVices 20,590.245 30,424,052 67.7% 9,834,407 22,831,604 Deb1 SeMce 3,181,996 5,6n,679 56.0% 2.495,783 3,131,165 Total Operating Expenditures 40.642,241 59,592,389 68.2%. 18,950,148 42,593,269 Capital ConsIruclion CapitaJOu1Iay 2,B56,820 13,123,900 21.6% 10,267,080 3,531,051 lnterfund loans 300,000 670,000 44.8% 370,000 Translers Out 246.291 573,748 42,9% 327,455 363,831 Contingencies 1.676,605 0.0% 1.676,665 T <>tal BudgetaJy Requirements 548.291 2,920,411 18.7% 2,374,120 363,831 Total Requif9fllenta 44,045.352 75.636.702 58.2% 31,591,348 48,488,151 Excess (OeflCiency) of Resources """ Requirements (269.744) (1,605,316) 83,8% 1,395,572 (560,195) WOI1<Ing Capital Carryover 20,052.793 22,335,360 1l9,8% (2.282.587) 23,352,522 Unappropriated Ending Fund Balan", $ 19.783,049 $ 20,670,044 95,]% $ (886,995) $ 22,792,327 ,r~FqulW&l3IFf:.uxl'" """"'" 2 eity of Ashland Schedule of Revenues By Fund March 31, 2009 Fiscal Vear 2009 Fiscal Year 2008 Year-To-Date Ascal Year Percenl to Year-To-Date Revenues by Fund Actuals 2009 Amended Budget . Balaneo Actual! City Gene<al Fund 5 10,873,829 $ 16,088,745 67,6% S (5,214,916) S 10,450,260 Convnunlty BIoc1< G'ant Fund 28,143 439,$86 6,4% (411,743) 26,709 . Street Fund 2,256,941 9,015,601 . 25.0% (6,758,960) 2,407,724 Airport Fund 71,541 447,500 16.0% (375,959) 253,151 Capitallrt'jlIOYBmonts Fund 1,455,823 2,383,600 61.1% (9'l7,7TT) 1,183,606 Debt Service Fund 1,576,583 2,147,840 73.4% (571,253) 1,559,735 Wale' Fund 3,457,703 6,655,419 50.4% (3,397,716) 3,342,510 / Wastewater Fund 2,950.569 7,726,000 38,2% (4,nS,431) 3,092.662 EIed1ic Fund 9,619,013 13,228,700 72.7% (3,609,687) 9,566,204 Telecommunications Fund 1,:345,500 1,738,389 n.5% (391,889) 1,350,684 Central Services Fund 3,887,802 5,828,895 66,7% (1,941,093) 4,114,475 Insurance Services Fund 601,941 695,000 86,6% (93,059) 536,740 EqupmentFund 976,052 1,684,000 6UW"o (607,943) 1,069,702 Cemetery Trusl Fund 27,529 60,500 34,2% (52,9]1) 42,327 Total City Componenl. 39.129,978 68,260,381 57.3% (29,130.403) 38.998,488 Parks and Recreation Component Parks and Recreation Fund 4,S76,276 5.208,805 87.0% (632,529) 4,336,969 Ashland VOU1h Activities Levy Fund 62.627 200,000 31.3% (137,373) 2,395,123 Parl<s Capila11rt'lllOvemeot Fund 6,726 302,200 2.2% (295,474) 197,376 ToW Pll11<S Component. 4,645.629 5,711 ,005 81.3% (1,065.376) 6,929,468 TC>1aIClty 43,n5,60S 73,971,386 . 59.2% (30,195,nS) 45,9'l7,956 Working Caplla1 Carryover 20,052,793 22,335,360 89.8% (2,282,567) 23,352,$22 Tolal Budget $ 63,828,401 $ 96,306,746 66,3% $ (32,47S,345) $ 69,280,478 '~~1IaI',llf'1a:mq, lWl1;~ 3 City of Ashland Schedule of Budgetary Compliance Per Resolution #2008-13 As Amended Resolutions #2008-27,2008-28,2008-41, 2008-42 For the ninth month ended March 31. 2009 Fiscal Vear 2009 Year-To--Date Fiscal Ve.r 2009 Percent Actuals Amended Used Balence General Fund Administralion S 63,485 5 335,500 18,9% S 272,015 Administration. Ubrary 251,059 334,748 75,0% 83,687 Administration. Municipal Court 320,391 442,180 72,5% 121,789 Administrative Services - Social Services Grants 108,672 124,570 87,2% 15.898 Administrative Services. Economic & Cuhural Grants 444,310 508.333 87.4% 64,023 Adminislrative Services. Miscellaneous 6.486 9,000 72.1% 2.514 Administrative Services . Band 43,226 80,619 71.3% 17,393 PoIics Department 4,067,070 5,790,115 70,2% 1,723,045 . Are and Rescue Department 3,697,951 5,116,997 72.3% 1,419,046 Public Works - Cemelery Division 220,725 339,630 65.0% 118,905 Community Development. Planning Division 919,356 2,325,414 39.5% ' 1.406,058 Community Developmenl . Building Division 525,500 785,690 66.8% 261,190 TranslelS 500 500 100.0% Contingency 470,665 0.0% 470,665 Totel General Fund 10,668,731 16,644,959 64,1% 5,976,228 Community Development Block Grant Fund Personal Services . 15,067 23,617 63.8% 8,550 Malerlals and Services 7,801 414,470 1,9% 406,859 Total Community Development Grant Fund 22.868 438,087 5.2% 415,219 Street Fund Public Walks - Street Operations 1.433,582 3,928.428 36,5% 2,494,846 Public Works - Slonn Water Operations 453,465 972,521 46.6% 519.056 Public Wor1<s . Transportation SDC's 75.385 381,310 19,8% 305,925 Public Wor1<s . Stann Weier SDC'S 35,504 308.000 11.5% 272.496 Public Works . locallmprovemenl Distric1s 33,658 813,588 4.1% n9,930 Debt 400,000 0.0% 400,000 TranslelS 200,000 0.0% 200,000 Contingency 93,000 0,0% 93,000 Total Street Fund 2,031,594 7,096,847 28,6% 5,065,253 Airport Fund Materials end Services 48,163 76,580 62.9% 28,397 Debt Service 24,678 314.780 7,6% 290,102 Contingency 5,000 0,0% 5,000 Total Airport Fund 73,521 421,340 17,4% 347,819 9~~~Iob31FY:roJ.~ (Wl11;O)ij 4 . Schedule of Budgetary COr'pliance Per Resolution #2008-13 As Amended Resolutions #2008-27.2008-28, 2008-41. 2008-42 For the ninth month ended March 31. 2009 / Fiscal Year 2009 Vear.Tc>-Date Ascel Year 2009 Percent Actuals Amended Used Balance Capltallmprovementa Fund Personal Services 135,920 178.566 78,1% 42,646 Materials and Services 280,119 389,325 71.9% 109,206 Capital Outlay 890,419 970,000 91.8% 79,581 Debl Service 866 NlA (866) Transfers 234,658 313,245 74.9% 78,590 Contingency 50,000 0.0% 50,000 Total Copltallmprovements Fund 1,541,981 1,901,137 81.1% 359,158 Debl Service Fund DeblService 1,706,155 2.252.403 75.7% 546,248 Totol Debt Service Fund 1,706,155 2,252.403 . 75.7% 546.248 Woter Fund Bectric - Conservation 124.890 188,645 66,2% 63,755 Public Works. Forest Lands Management DJvisjQn 91,049 190,435 47,8% 99,388 Pub6c Works - Water Supply 230,116 818,988 28,1% 588,872 Pub6c Works. Water Treatment 686,014 1,157,444 59.3% 471,430 Public Works. Water Division 1,807,556 4,036,032 44.8% 2,228,476 Public Works - Reimbursement SDC's 4,459 237,750 1.g% 233,291 Public Works. Improvement SOCs 3,754 611,100 0.6% 607,346 Public Works. Debt SDC's 122.918 122,928 100.0% 10 Contingency 53,000 0.0% 53,000 Total Waler Fund 3,528,453 8,195,341 43,1% 4,666,888 WasteWater Fund PubOc Works - Wastewater Collection 1,055,263 2,149,780 49.1% 1,094,517 PubrlC Works. Wastewater Treatment 1.045,817 2,830,024 37.0% 1,784.207 Pubtlc Works - Reimbursements SOC's 13.096 127,890 10.2% 114,794 Public Works . Improvements SDC's 4,387 133,110 3,3% 128,723 Debt Service 646,020 1.782,949 47,5% 936,929 , Contingency 135,000 0,0% 135,000 Total Wastewater Fund 2.964,584 7,158,753 41.4% 4,194,169 Eloctric Fund 8ectric . Conservation OMsion 406,467 527,550 77.0% 121,084 Electric. Supply 4,394,493 5,B60,204 75,0% 1,465,711 Bectric - Distribution 4,057,879 5,574,770 72.8% 1,516,891 Electric. Transmission 566,177 903,600 75,9% 217,42:3 Debt Service 23,582 25,600 0,0% 2,039 Contingency 397,000 0,0% 397,000 Total Electric Fund 9,588,577 13,288,724 72.0% 3,720,147 9F'nllooAqn1Mlt3IfYa'mIb tAAriXkll 5 Schedule of Budgetary Compliance Per Resolution #2008-13 As Amended Resolutions #2008-27,2008-28, 2008-41, 2008-42 For the ninth month ended March 31, 2009 Fiscal Year 2009 Year.To-Dllle Fiscal Year 2009 Percenl Aclual. Amended U.ed Balance TelecommunicaUons Fund IT . Internet .. 842,131 1.245,498 67.6% 403,367 IT - High Speed Access 233,100 439,922 53.0% 206,822 DeW. To Debl Service Fund .. 356,000 356,000 tOo.o% Contingency 100,000 0,0% 100,000 Total- Telecommunications Fund 1,431,231 2,141,420 66.8% 710,189 .. Nole: In Inlemel approprialion Centrsl Services Fund Adminislralion.Departmenl 927 ,201 1,448,833 64,0% 521,632 Adminis1rative Services Departmenl 1,207.190 1.735.725 69,5% 528,535 IT - ComPuter Services Division 828.815 1,196,824 69,3% 368,009 City Recorder 189,079 303,337 62.3% 114,258 Public Wo<1<s . Adminis1raoon and Engineering 1.035,354 1,467.692 70,5% 432,338 Contingency 150,000 0,0% 150;000 Total Central Service. Fund 4.187,639 6,302,411 66,4% 2,114,772 In.urance Services Fund Pe/SOnalServices 60,546 84,524 71.6% 23,978 Materials and Services 992.794 1,130,803 87,8% 138,009 Contingency 125.000 0,0% 125,000 Total Insurance Services Fund 1,053,340 1.340,327 78,6% 266,987 Equipment Fund Pe/SOnalServices 207.409 283,682 73.1% 76,273 Malerials and Services 341.457 562,122 60,7% 220,665 Caphai Outlay 350,807 772,000 45.4% 421,193 Intedund Loan 300,000 670,000 44,8% 370,000 Contingency 48.000 0.0% 48,000 Total Equipment Fund 1,199,673 2,335,804 51.4% 1.136,131 Cemetery Trusl Fund Translers 11,134 60.000 18.6% 48,866 Tolai Cemetery Trusl Fund 11,134 60,000 18.6% 48,866 9-rNtdal~1q31F'fr0:9ds twll/<'!.m 6 r Schedule of Budgetary Compliance Per Resolution #2008-13 As Amended Resolutions #2008-27,2008-28, 2008-41, 2008-42 For the ninth month ended March 31, 2009 Ascal Vear 2009 Vear.T...Oa1e Ascal Vear 2009 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Divlskln 2,625.646 3,592.671 73.1% 967,025 Recrealion Division 818,072 1,146,594 71.3% 328,522 GoIIOlvision 263,181 412,211 63,8% 149,030 Contingency 50,000 0.00/. SO,OOO T alai Parks and Recreation Fund 3,706,899 5,201,476 71.3% 1,494,Sn Vouth ActlvlUes levy Fund Matarials and SeNices 190.384 457,671 41.6% 267,287 Total Vouth Activilieslevy Fund 190,384 457.67' 41.6% 267.287 Parks Capllallmprovement Fund Capilal Outlay 158,589 400,000 39.6% 241,411 Total Parks Capilallmprovemenl Fund 158,589 . 400,000 39.6% 241,411 TOIaI Appropriations $ 44,045,352 $ 75.636,702 58,2% S 31,591,350 gt~f:\tp;rtMar31ryroJOJ.\t Gl,1TI2{iJO 7 City of Ashland Schedule of Expenditures By Fund March 31, 2009 FI.cal Year 2009 FI.cal Year 2008 Year- To-Date Fiscal Year Percent Year-To-Oate Requirements by Fund Actual. 2009 Amended Expended Balance Actual. City Fund. General Fund S 10,668,731 S 16,644 ,959 64,1% S 5,976,228 S 10,402,599 Community Block Grant Fund 22,868 438.087 5,2% 415,219 36.901 Street Fund 2,031,594 7,096,847 28.6% 5,065,253 2,286,456 Airport Fund 73,521 421,340 17.4% 347,819 235,084 CapilallmprovemenlS Fund 1,541,981 1,901,137 81.1% 359,156 771 ,304 Debt Service Fund 1,706,155 2,252,403 75.7% 546,248 1,576,209 Water Fund 3,528,453 8.195,341 43,1% 4,666,886 3,958,459 Wastewale, Fund 2,964,584 7,158,753 41.4% 4,194,169 3,752,518 Electric Fund 9,S68,5n 13,286,724 72,0% 3,720,147 9,979,844 Telecommunications Fund 1,431,231 2,141,420 66.8% 710,189 1,497,613 Central Services Fund 4,187,639 6.302,411 66,4% 2,114,n2 4,215,542 Insurance Services Fund 1,053,340 1,340.327 78,6% 286,987 561,438 Equipment Fund 1,199,673 2,335,804 51.4% 1,138,131 1,271,860 Cametery Trust Fund 11,134 60,000 18,6% 48,866 26,399 Total City Components 39,989,481 69,5n.SS3 57,5% 29.568'on 40,572,206 Pam and Recreation Component Pa<1<s and Recreation Fund 3,706,899 5,201,476 71.3% 1,494,577 . 3,732,720 Youth Aclivltles Levy Fund 190.384 457,671 41.6% 267,287 2,183,225 Pa<1<s Capitallmp,ovements Fund 158,589 400,000 38.6% 241,411 Total Pam Components 4,055.871 6,059,147 66,9% 2,003,276 5,915,945 Total Requirements by Fund 44,045,352 75,636,702 58,2% 31,591,348 48,488,151 Ending Fund Balance 19,763,049 20,670,044 95.7% (886.995} 22.792,327 Total Budget $ 63,828.401 $ 96,306,746 66,3% $ 30,704,353 $ 69,280.478 9f"lI'lo'ltICWf'\erpot\l.b31fY20094 0IJ17tllt!J 8 CITY OF ASHLAND Council Communication Fee Increases for City-Owned Facilities Meeting Date: Department: Secondary Dept, Approval: May 5, 2009 Ashland Parks a N/A City Coun Recreation Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Rachel Dials dialsr@ashland.or.us Don Robertson 10 minutes Question: Will the City Council authorize the increase of fees for the Ashland Community Center, Pioneer Hall, and The Grove facilities to recover 75% of operations and maintenance expenses? Staff Recommendation: Staff, along with the Ashland Parks and Recreation Commission, recommends increasing fees for the use of these facilities, Background: A review of fees and charges began three years ago when the Ashland Parks and Recreation Commission set a goal ofreviewing all fees and charges each November. In fall 2008, the Commission began another round of discussions on fees and charges for all recreation programs and services. Topics in the study sessions included fees and charges related to the Calle Guanajuato, Nature Center, Ashland Senior Center, adult and youth recreation programs, indoor and outdoor reservable facilities, the Oak Knoll Golf Course, the Daniel Meyer Pool, and the Ashland Rotary Centennial Ice Rink. Currently, the department is recovering 50% of its expenses (average over all categories). Last year at this time we were recovering at just over 31 % of expenses. At its February 2009 regular meeting, the Ashland Parks and Recreation Commission approved increasing fees and charges related to most recreation programs and services and all facility rentals, The fees under discussion are those associated with City-owned facilities. These include the Ashland Community Center, Pioneer Hall, and The Grove, On behalf of the Ashland Parks and Recreation Commission, staff recommends approval of the proposed fee increases. Related City Policies: None Council Options: 1, Approve recommendations proposed by the Ashland Parks and Recreation Commission. 2, Send back recommendations for adjustments, 3, Deny recommendations, No change to current fee structure, Page I of2 .... ...'1 CITY OF ASHLAND Potential Motions: Move to approve, on behalf of the Ashland Parks and Recreation Commission, the recommended fee and policy schedule for indoor facilities at a cost recovery of75% beginning on July I, 2009. Attachment: Rental fee sheet with proposed fee adjustments Page 2 of2 ~;., CURRENT RENTAL FEES Fiscal Year 08/09 HOURLY FEES Hourly/weekday: $15.50 Hourly/weekend: $ 25 Tables 12 Chairs 100 Capacity - Table seating99 Capacity - Chair seating / standing 186 Pioneer Hall Hourly/weekday: $'15.50 Hourly/weekend: $ 25 Tables 10 Chairs 100 Capacity - Table seating 56 Capacity - Chair seating / standing 99 FACILITY Community Ceuter SECURITY DEPOSIT ALCOHOL FEE $ 180 (refundable) $120 (non-refundable) ********************************************* ********* FACILITY HOURLY FEES The Grove - Full Facility He. weekday: $ 33 He. weekend: $ 40 Tables 12 Chairs 150 Capacity - Dancing / chair seating 290 Capacity - Dining I conference 135 The Grove - Conference Room He. Weekday $18 He. Weekend $20 Capacity-Conference seating 49 SECURITY DEPOSIT ALCOHOL FEE $ 180 (refundable) $ 120 (non-refundable) ********************************************* ********* FACILITY HOURLY FEES Hunter Park Senior Center For Profit - $18 Non-Profit - $16 98 46 Cap'acity - Chair seating Capacity - Table seating Chairs 80 Tables 8 SECURITY DEPOSIT $ 180 (refundable) * Alcohol is not allowed in the Hunter Park Senior Center * Proposed Fec Increases $19.50 $31.50 $19.50 $31.50 $300 (Credit Card Only) $150 $41.50 $50.00 $22.50 $25.00 $300 (Credit Card only) $150 19.50 $31.50 change fee because the entire facility is being reserved now, instead of just the dining room area. Page 1 of2 Proposed Fee Increases LONG-TERM RENTAL $12 per hour (must rent more than 6 times per year) $15.00 (Community Center Only) LITHIA PARK WEDDINGS WEDDING PACKAGE - $1,125 Wedding package includes Lithia Park site and use ofPiolleer Hall or Community Center all day. (7am-12:00 midnight) $1350 SECURITY DEPOSIT $60 (refundable) WEDDING PARK SITE ONLY $675 $800 LITHIA PARK GROUP PICNIC SITES Cotton Memorial Area Capacity - 250-$60 per 4 hours $75 Madrone Picnic Area Capacity - 50 -$48 per 4 hours $60 Top Southern Lawn Area Capacity - 25- $42 per 4 hours $55 Hillside Picnic Area Capacity - 25 -$42 per 4 hours $55 PARK SITE SECURITY DEPOSIT $60 (refundable) $75 LITHIA PARK BUTLER BANDSHELL Performance Fee: $180 Limit 8 Hours $220 BANDSHELL SECURITY DEPOSIT $ 150 (refundable) $190 ******************************************************* ***************** FIELD USAGE Tournaments: $28 per team/per day Lights: $34 per day $14 per hour $36,50 $44,00 $18,50 Page 2 of2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Transit and RVTD Update May 5,2009 Primary Staff Contact: PW Engineering E-Mail: Administration Secondary Contact: . Martha Benn Estimated Time: Michael R. Faught /552-2411 faughtm@ashland,oLus ' Ann Seltzer /552-2106 40 minutes Question: Does the Council wish to continue the current contact with RVTD to reduce transit fares in Ashland by 75%, or does the Council wish to change the contact to simultaneously restore Route 5 service and reduce the subsidy within Ashland to 50%? Staff Recommendation: Staff recommends that the Council select proposal #3 presented by RVTD which reinstates Route 5 (as Route 15) 10 hours per day, reducing the subsidy within Ashland to 50%, and allocate $260,000 to transportation services in the FY20 I 0 budget. Background: At the April 7, 2009 City Council meeting staff presented a proposal to reinstate Route 5 with a fare box return component. In addition, the proposal includes a "fare buy-down" component that reduces the City's subsidy to the intra-city transit program from a 75% subsidy to a 50% subsidy, This proposal is consistent with the City's Transit Consultant's suggested redeployment of the current subsidy toward service rather than subsidy (reinstating Route 5 with a fare box return), As a reminder, the City currently pays $1.50 of the standard $2.00 fare (riders pay $0,50), and $3.00 of the standard $4,00 fee for Valley Lift para-transit services (the rider pays $1.00). The contract also stipulates that the City will pay net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides, RVTD's proposal will reduce the amount the City pays to $1.00 of the standard $2,00 fare (riders pay $1,00), and $2.00 of the standard $4,00 fee for Valley Lift para-transit services (the rider pays $2.00) and the City will pay net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides. The Council decided to continue the discussion on this item to the May 5, 2009 meeting, and requested staff to provide additionalinfonnation on the following topics: I, The cost and budget required for running Route 5 13 hours daily with no fare subsidy 2, RVTD studies on frequency, convenience, and costs 3. Options for either a pass or alternative fare box program for lower income riders 4, The cost effectiveness on having free service for Route 10 Pagelof5 ~.l" CITY OF ASHLAND 1. The cost to run Ronte 5 (13 hours) daily with no subsidy: Council Generated Option '~Route 5 (13 hours) with no Subsidy" Net Cost Estimate . Loop service for 13 hours . $140,037 Route 10 $102,658 TOTAL $242,695 When you apply the BETC 25.5% Tax Credit (additional revenue to the Street Fund) the impact to street user fees and gas tax revenue is reduced to $180,808. Interestingly, this option provides Route 5 service for 13 hours at about the same cost as the RVTD Option 2 which provides Route 5 service for 9 hrs with a 50% subsidy. If this is an option that the Council wants to consider, it is important to remember that RVTD has expressed concerns about the impact of increasing the bus fare too quickly, as they predict that such a severe increase would produce "rate shock" and reduce ridership. 2. Provide RVTD studies on frequency, convenience and cost: RVTD indicated that they' do not have data to respond to the council request on frequency, convenience and costs, They suggested that the national ridership trends support their supposition that "The City's ridership since 2006 has not grown as would be expected after the residual effects of a 'fare shock' would have occurred, usually in the first year. This has lead RVTD to determine frequency as a more important factor than fare cost for someone deciding whether to use transit in the City of Ashland. .. The City's transit consultant's recommendation to redeploy the current subsidy toward service rather than subsidy, combined with reinstati'ng Route 5 with a fare box return (City Revenue) component is consistent with RVTD's recommendation. The transit consultant was able to provide staff with two studies that address frequency, convenience and costs conducted by the Victoria Transport Policy Institute. The first study is titled "Transit Price Elasticity" by Todd Litman, dated August 17,2007 and is available for review at http://www,vtpi,org/tranelas.pdf, The second study, Transportation Elasticities "How Prices and other Factors Affect Travel Behavior" by Todd Litman, dated November 4,2008 is available for review at http://www.vtpi.org/elasticities,pdf. One quote from the second study, "Transit ridership tends to be more responsive to service improvements than to fare reductions (Pratt concludes that "ridership tends to be one-third to two- thirds as responsive to a fare change as it is to an equivalent percentage change in service"), and most responsive to combinations of service improvements and fare reductions," provides insight to both, RVTD and the transit consultants recommendations, 3, Options for either a pass or alternative fare box prOl!ram for lower income riders: Staff proposed an increase in the current allocation for bus passes distributed to the high school and the Senior Center from $4,000 to $10,000 as an additional assistance to those riders that cannot afford the proposed increase in fare box charges. During the council presentation, Councilor Navickas suggested that eligibility for distribution of fixed route and valley lift passes could be determined based on those Page 2 of5 ~.l' CITY OF ASHLAND Ashland residents that have an Oregon Trail Card. After reviewing this idea, staff believes this would be the most proficient way to distribute the free passes. To that end, staff is recommending the following distribution of the $10,000: High School fixed-route passes Senior fixed-route passes Senior Valley Lift passes Fixed Base passes Valley Lift passes Total $ 2,000 2,000 3,000 (as recommend by the Senior Program Director) 2,000 1,000 $10,000 If this program is approved, the City will purchase paper script @ $4 per ride for the Valley Lift passes and the fixed route passes @ $2 per pass. In addition, Oregon Health Plan Plus clients can use the Valley Lift service for free for non-medical trips within the RVTD service area. Oregon Health Plan Plus eligibility is determined by DSO or SPD case workers. Net Cost Estimate Fixed Route (based on 05-06 actual ridership of 108,666 ( $2 per ride) Valley Lift ((based on 05-06 actual ridership of 15,484) (9800*4 per ride)+(5,684*$18.31 per ride) $217,332 $143,274 TOTAL (no fare box return) $360,606 4. The cost effectiveness of havinl! free bus service for Route 10: When the BETC 25.5% Tax Credit (additional revenue to the Street Fund) is applied, the impact to street user fees and gas tax revenue is reduced to $268,651. Following the April 7, 2009 City Council meeting, staff presented the RVTD transit proposals to the Transportation Commission. Three of the eight Commission members sent E-mail supporting option #2 (see attached). Like the Council, the Commission questioned peak period service coverage (they wanted to know the specific hours of operation) for Proposal #2. This question lead RVTD to recognize that they would need to operate 10 hours per day to meet the peak demand, and as such, RVTD submitted a new proposal (proposal #3) for a Route 5 with 10 hours of service. That proposal is as follows: RVTD Proposal #3 Net Cost Estimate Loop service for 10 hours $149,139 Route 10 $102,658 TOTAL $251,797 * includes a $43,200 Route 5 fare box return estimate Page 3 of5 -.. ..., CITY OF ASHLAND When the BETC 25.5% Tax Credit (additional revenue to the Street Fund) is applied, the impact to street user fees and gas tax revenue is reduced to $187,588 which is a $14,749 increase frorn the 9-hour loop proposal outline in proposal #2. The additional information generated by requests from the council and questions from the Traffic Safety Commission provide additional options as outlined in the motions listed below. Based on that additional information, staff is now recommending that the Council select RVTD's new option #3 which is outlined in the Motions as "I (c) Proposal #3 (10 hours) for $251,797; provide a free bus pass allocation up to $10,000 for Oregon Trail Card holders; and allocate $262,000 for transportation and RVTD Services for 2009-10". Related City Policies: . Ashland Municipal Code . Ashland's FY 2008-09 Budget . Ashland's Transportation System Plan . Ashland's Transportation Element of the Comprehensive Plan Council Options: 1. The City Council could decide to implement one of the four options listed in RVTD's proposal to reinstate Route 5 and allocate $262,000 for transportation and RVTD Services lor 2009-10. 2. The City Council could decide to continue the current Route 10 Transit Subsidy and allocate $290,000 for transportation and R VTD services for 2009-10. 3. The City Council could decide to reinstate Route 5 with no subsidy and allocate $250,000 for transportation and R VTD Services for 2009-10. 4. The City Council could decide to not to reinstate Route 5 and provide 100% subsidy on Route 10 allocating $361,000 for transportation and R VTD Services for 2009-10. 5. The City Council could decide to eliminate the transit subsidy and not allocated funds for transportation and R VTD services for 2009-10. 6. The City Coun.cil could decide to modify ( ) staff s recommendations Potential Motions: 1. Move to approve Staffs recommended option which includes restoring Route 5 for 10 hours per day for $251,797; provide. a free bus pass allocation up to $10,000 for Oregon Trail Card holders; and allocate $262,000 for transportation and RVTD Services for 2009-10 and direct staff to apply for BETCs. 2.' Direct Staff to pursue one of the other options to restore Route 5. 3. Move to continue the current Route 10 Transit Subsidy and allocate $290,000 for transportation and RVTD services for 2009-10. Page 4 of 5 ~.l' CITY OF ASHLAND 4. Move to reinstate Route 5 with no subsidy for $242,695; provide a free bus pass allocation up to $20,000 for Oregon Trail Card holders; and allocate $263,000 for transportation and RVTD Services for 2009-10. 5. Move to provide 100% Route 10 Subsidy for $360,606 and allocate $361,000 for transportation and RVTD Services for 2009-10. . 6. Move to eliminate the transit subsidy. Attachments: 1. FY 2008-09 Agreement between the City of Ashland and R VTD 2. Cover Letter dated for service proposal from Julie Brown 3. 2009-2011 Service Proposal for the City of Ashland, Oregon 4. Estimated Operating Cost Spreadsheet 5. FY 2009-2011 Draft Agreement between the City of Ashland and RVTD 6. E-mail from Transportation Commission members Page 5 of5 ~.l' RWfJ I CIlY OF ASHLAND - AGREEMENT FOR SERVICES July I, 2008 - June 30, 2009 Agreement made effective July I, 2008 between Rogue Valley Transportation District (lWim) and the City of Ashland (City). . R.W'D and City agree: I. REDUCED FARE PROGRAM. In order to encourage and increase MIlD 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 fues within the City from $4.00 to $1.00. 1.1 Contract will begin on July 1,2008, and will end OD June 30, 2009. 1.2 lWO) 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 R.aD will bill City for the reduced fares described above based OD the actual number of rides provided within the City. Rides will be detailed in a monthly ridership report completed by lmD), and bills will be submitted on a quarterly basis. 1.4 ~ 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 $1831 per ride over the 9,800 passenger threshold and shall apply to the period of July I, 200r through June 30, 200.8. .. '. 1,,#''f ,.&-\ I.S' City will remit to RM1n, on a quarterly basis when billed by 1WiID, $1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit ride provided by RMm within the City. 2. CONSIDERATION' Total payments to lWi!lD will not exceed $217,500 per fiscal year. In the event that the $217,500 annual allotment from the City will beIbecomes 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 RMfB fares for the balance of the fiscal year. 22 If either RDD or City wishes to modify this agreement, both parties shall meet to negotiate modifications to the agreement G:'nanIerICityCouncl ~FIesI2OO7~RVlD~1lJ/d11.doc Page 1 013 _ JUN 1 7lDoa 3. TERMINATION: 3.1 Termination for Convenience. This agreement may be terminated by either party for that party's convenience upoD thirty days notice in writing to the other party. RVTD shall be compensated for all services perfonned under this agreement up to the effective terminatiOD 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; 322 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; 323 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. ltVTD 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 R VTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 6. WorXen Cmn........tion. RVTD, its subcontractors. if any, and all employees working under this Agreement are subject employers under the Oregon Worker's Compensation Law and abaII comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. ,-. General LiabililV RVTD, its subcontractors, and all employers working under this ,Agreement shall comply with Oregon State Laws related to workers compensation, employment, payroll taxes and genera1liability for loss of property, injury to riden or others. 8. LiviD$ W82e 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 snbcontractor who perfonns 50"10 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. . G:'ollCOfdel\ClyCwd ~ FiosI2OO7~'RVTD Ag8eme<t.ak:hl.doc Page2of3 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 CODtrol. RVTD may terminate this AgIeement by written DOtice after detennining 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 ofRVTD 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 perfonnance, DOr of its right to enforce any other provision of the Agreement 9.4 Fedeial Government Not A P8rty. The Federal Government is DOt a party to this Agreement and shall have DO obligation to any third party absent the Federal GOVernment's express written consent. 9.5 Attorney's Fees. ID case of suit, action, Proceeding, or arbitration to enforce any rights or coDditions of this ~t, 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 COW1 or arbitrator bearing such suit, action, pro<--:';"g. arbitratiOD or appeal. 9.6 Entire AgreemenL This instrument constitutes the entire agreement between ihe parties. No representations, warranties, promises, guarantees or &greements, 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 VALLEY TRANSPORTATION DIST e~ Genera1 Manager :7fj\~c- Da~ Legal Counsel for R VTD Date: ~~ -~...... City A~or G~Ca.nc:lI'aclr..b':'acl<<FiesI2OO7.~ RV1D~1.doc f'ageJoIJ - ..~-.,,_.,_.~--::~.~;~~ ..,.--' -- -~~--'''''r"-'~~'f~-'-'''---C~ ..,__ 0, _ _ ~__. ~. Rogue Valley Transportation District From the Desk of Julie Browl1. General Manager 3200 Crater Lake Avenue. Medford, Oregon 97504-9075 Phone (541) 779-5821. Fin'(54 1)773-2877 Visit our website at: www.rvtd.org TO: Martha Bennett, City Administrator CC: Mike Faught and Ann Seltzer DATE: March 17,2009 RE: Upcoming Agreement for Services Thank you for your continued support and partnership. RVID has supplied your staff with service proposals to review and we are available to discuss these with you. The proposals include a fare buy down and the addition of a circulator route that will allow for 15 min. frequencies between the Plaza, SOU and Tolman Creek Rd. RVID has'discussed the strengths and weaknesses of both a fare buy down and a Loop route since 2006 as reflected in the narrative to the proposals. We recommend increasing fares to $1.00 and adding a circulator to make more efficient use of the City's subsidy. Additionally~ RVID is seeking a 22-month contract beginning 9/7/2009. ': The City of Ashland has obligated $290,000 in prior years' budgets dating back to 2003 to be used toward Public Transportation. The City has used a portion of this allocation each year since 2006 toward planning activities. RVID believes that at this time, there is a higher value to implementing increased transit service to existing and new users than in documenting its value. The proposed Loop route is cost-efficient and, based on actual data, has already proven to be successful in boosting ridership. There will be opportunities to plan future route concepts with RVID in the 2009-10 and the 2010-11 MPO Unified Plar:ming Work Program. Sincerely, ~~U~ 4' IlBI'll Rogue Valley Transportation District 3200 Crater Lake Avenue. Medford, Oregon 97504-9075 Phone (541) 608-2429. Fax(54t) 773-2877 Visit our H'ebsite at: www.rvtd.org 2009-2011 Service Proposal for the City of Ashland, Oregon March 9, 2009 Honorable Council Members and City of Ashland Staff, With your demonstrated support for providing access to all modes of transportation, RVTD is pleased to forward a proposal for transit service enhancements during the 2009-2011 Fiscal Years. Also included is a presentation of the surveying and marketing efforts completed recently in the City of Ashland. Transit Service History . 1997 - Exclusive Loop Service Started w / $0.25 fare . 1999 - Loop Discontinued . 2001 - Loop Resumed w / $0.25 fare . 2002 - Both Loop and Route 10 Free Fare . 2006 to Present Day- Loop Discontinued, Route 10 fare at $0.50 Based on discussions with City Staff members Mike Faught and Ann Seltzer, it was determined that a cafeteria of options should be presented. Ultimately, there are two variables between the options. Those are: the cost of the fare and the hours of operation. RVTD is seeking a 22-month contract starting September 7, 2009 and ending June 30, 2011. The contract is based on the District's direct cost per mile of operations (fuel and maintenance only) and the cost of the driver(s) wages and benefits. This contract amount would be billed to the City on a quarterly basis and reduced by the total fare box collected from the Loop route. Tills proposal would only affect the Route #10 agreement in that the fare charged on the Loop must be the same fare charged on the Route #10 within the City. The Valley Lift paratransit service area would not be extended because the Loop route follows the same path as Route #10. The Valley Lift service clauses are still in effect and tied to the fare. Ashland Ridership and Service Levels Premium transit service, such as a lower fare and frequent bus arrivals, will generate the most citizens, visitors and students choosing to use transit. This effect is demonstrated well in the City's history of fluctuating levels of transit service. When the Free Fare and Loop were both in place, ridership was at it's highest ever seen; between January and June 2006 RVTD and the City provided 152,606 transit trips. When the Loop was discontinued and fare raised to 50 cents, ridership plummeted to 46,021 between July and December 2006. Ashland Ridership 1997-2008 160,000- _ 140,000- /' 120,000- c. 100,000- :2 ~ 80,000- 'tl ii: 60,000/ 40,000- 20,000- / I 0-, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~. ~. ~~ ~~ ~. ~. ~. ~. ~. ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Months and Year 1""--1 ":'; ":~:.:~" ; Total Ashland trips Rt 5 & Rt 10 - $0.25 Ashland Ridership on Rt 10, No Rt 5 Total Ashland trips Rt 5 & Rt 10 - Free Total Ashtand trips Rt 10 - $0.50 Because the Loop and Free Fare were in place at the same time during the ridership 'boom' years, it has been difficult to state which was more important for the rider: frequency or cost. The City's ridership since 2006 has not grown as would be expected after the residual effects of a 'fare shock' would have occurred, usually in the first year. This lzas lead R VTD to determille frequency as a more importallt factor thall fare cost for someolle decidillg whether to lIse trallsit ill the City of Ashlalld. 2 Route descri ption- The Ashland Loop is a five-mile route that begins and ends at the Ashland Plaza. The route would serve the Plaza, E. Main St., the University, Ashland St., Tolman Creek Rd. and Siskiyou Blvd. The route can travel in either direction while in south Ashland however IS-minute service would only be possible with both Route #10 and the Loop traveling in the same direction. A passenger activity survey completed in 2008 generated useful information about the highest and best use of a Loop route. The previous Loop, Route #5, ran from the Plaza to Ashland St. and around E. Main and back. It did not travel along Tolman Creek Rd. or Siskiyou Blvd. The survey showed that Tolman Creek and Siskiyou Blvd generate considerably more ridership than the E. main loop. Since the proposed loop cannot serve both areas within the time span available, RVTD used the passenger activity data to determine where the loop could run to be efficient and cost-effective. 3 Service Hours- \ As one of the components to minimize costs, RVTD has analyzed a route that would run: . . 6.5 hours per day (requiring 1 FT Driver) . 9.0 hours per day (requiring 1 FT Driver and 1 PT Driver) . 13.0 hours per day (requiring 2 FT Drivers) A 6.5-hour operating day at the cost quoted is only possible with continuous service, meaning the driver cannot have a split shift with this scenario. This is the most economical, however it will not cover both an AM and a PM peak. The day could for example begin at 11:00AM and end at 5:30 PM capturing the majority of afternoon and work commute home travel. Or, the day could begin at 7:30AM and end at 2:00PM to capture early morning commute to work and school (SOU especially) trips. A 9.0-hour operating day at the cost quoted is only possible with continuous service, one driver works 4X10Ss and a part-time driver picks up the Friday shift. This is the second most economical however will barely cover both an AM and a PM peak. The day could, for example, begin at 7:30AM and end at 5:30 PM. A 13.0-hour operating day at the cost quoted is a full-day service day requiring two full- time drivers and a relief trip midday. This is the most costly option however will cover both an AM and a PM peak. The day would begin at 6:00AM and end at 7:00 PM. Fare Considerations 'Fare Shock' often causes'ridership to decrease within the first six-months (if in a small increment -$0.25 is standard) but eventually ridership recovers. This recovery can take longer if the increase is more drastic. RVTD increased fares from $1.00 to $2.00 in 2006 and ridership decreased 14% system-wide within the first six months but since has recovered and is near the 2005-2006 ridership levels again. The City of Ashland also increased fares in 2006, but from free to $0.50. Ridership plummeted and lzas /lot regained 2005-2006 levels. Evidence from each of the service types and fares the City has supported within the past decade suggests that ridership should have regained just as RVTD's did. . RVTD is confident that frequency is a stronger determinant for generating higher levels of ridership than we see today. If the City moves forward with a fare increase, RVTD strongly suggests a move to $1.00 with increases of $0.25 during years when the budget is constrained to ensure a Loop service is maintained. 4 RVTD's current fare strata would also apply. For example: $1.00 - Full Fare (18-61 years of age) $0.50 - Reduced Fare (62 years and older, 10-17 years of age and disabled) Free - For transfers made within the City and for children 0-9 with paying adult Hardship Programs The City of Ashland has a program that was implemented in 2007 to provide monthly bus fare cards for eligible citizens who meet certain income criteria. RVTD also offers a bus pass program for employers, schools and other congruent popul'!tions. The RVTD bus pass cost for each person is heavily reduced due to passes being purchased in bulk for every person in the population. The current cost is $3.85 per person per month. These programs are alternatives for citizens who may experience hardship from a fare increase within the City. Partnership with SOU Each year, RVTD encourages SOU to adopt a bus pass program for its students. The students and the Administration have thus far declined a bus pass program to their students even after a campus-wide survey demonstrated the majority of students wanted the program and were willing to pay for it in increased parking fees. SOU could be a financial contributor and is a major benefactor of special transit services. 2008 Passenger Survey RVTD completed its system-wide triennial passenger survey in May 2008. A total of 288 surveys were collected on the Route #10. The surveys collected on this route demonstrated slightly higher incomes but on the whole there were no major demographic differences between Route #10 and the rest of the system. The following are selected highlights that likely include passengers traveling within Ashland: . 77% of the passenger survey pool was between the ages of 19 and 64 . 63 % did not have a valid driver's license . 36% reported annual income of less than $15,000 . 72% walked to catch the bus; 66% boarded at a bus stop . 57% reached the bus in less than five minutes, and 55% reached their final destination within five minutes after departing from the bus . 29% used the bus to get to work . 79% used the bus three to five days per week . 50% used the bus five days per week . 34 % would not have made the trip if bus service were not available 5 Surveying of Ashland Passengers and Stop Activity RVTD completed a year-long passenger activity survey in accordance with Federal Transit Administration guidelines and practices. The stop activity will assist RVTD staff with planning and stop improvements. The following are the most frequently used bus stops in the City of Ashland: . Ashland Plaza . Albertson's . Lithia Way and Oak . Bi-Mart . Lithia Way north of Oak . Ashland Library . Beanery (at the 'Y') Stop Activity o-tO o 11-23 0 24-42 0 43-80 0 61-100 6 Marketing Outreach of transit scheduling and availability to the public is an important component of any successful transit line. As part of the 2005 service agreement, RVTD proposed marketing activities that would be completed that service year. These included: . RVTD's Interactive Education offered to primary education schools Bus Advertising sign advertising the Free Fare (now obsolete) Hosting transportation exhibits at local events Placing placards in each shelter with a map and schedule- 12 were posted in 2006 since then 6 have been vandalized or stolen and not yet replaced. Distributing transit schedules to be available at local venues Partnering with SOU Capstone students to increase support for transit . . . . . Lastly, an effort to create a TV and Radio commercial was under way to promote the Free Fare when the message became obsolete due to the fare increase. 2009-2011 Marketing Proposal: RVTD would like to establish a marketing plan for a Loop system or any fare changes with through local resources. The City of Ashland, the Chamber of Commerce, the . Student Affairs office of SOU and others could actively promote using transit. RVTD will commit to doing the following: . . Replacing the removed placards in the shelters . Updating the information on all placards with new route/ schedule information . . Provide free bus advertising space on one vehicle . Continue to promote Ashland's system at local events In partnership with the City of Ashland, RVTD would like to see the following: . Create a tri-fold specific to the Ashland system for distribution . Distribute promotional information through utility bill stuffers . Coordinate a public relations event to launch the new service . Approach SOU Administration to request ongoing support of a fare buy-down . Approach the Chamber of Commerce and local employers to encourage employees to use transit, especially in downtown . Creation of a bus ad to utilize free ad space ciffer from RVTD 7 2009-2011 Service Cost Estimate for Route 10 only The City of Ashland buys down the fare on Route 10 for each passenger riding in Ashland, therefore service cost estimates are based on recent ridership figures. City of Ashland Ridership 2008-09 $.50 Fixed Route Fare $1. Valley Lift Fare July Aug Sep Oct Nay Dec Jan Feb Mar Apr May Jun 6,846 6,537 6,306 8,139 .5,971 6,277 5,758 5,924 6,4 70 6,4 70 6,4 70 6,4 70 1,030 926 960 1,064 832 884 908 874 935 935 935 935 TOTAL 77,638 11 ,218 Ridership figures for March through June are estimated based on the average of prior month's ridership. I 2009-2011 Service Costs for Route 10 only Annual Estimated cost of Route 10 subsidy @ Fixed Route $1.50 (50 cent fare) $1.00 ($1.00 fare) ~""'.". '"bC".. .'~ Fo'C $116,457 $77,638 Valley Lift $3.00 ($1.00 fare). $55,364 $2.00 ($2.00 fare) assume -10% $25,020 Per ADA, Valley Lift fare is no more than twice that of regular fare TOTAL wi subsidy@ $1.50 TOTAL wi subsidy@ $1.00 $171,820 $102,658 Please note: Route 10 tare will be consistently priced with fare charged on a Loop Route Rogue Valley Transportation District Estimated Operating Costs Proposed Ashland Circulator Route (15) Revenue Service Hours =6.5 Trips Total Route Per #Service Annual Length Day Days Miles Cost per Total Costs Bus Operating Cost: Route 15 5.0 13 255 16,575 $ 1.96 $ 32,487.00 Out of Service 36.5 1 255 9,308 $ 1.96 $ 18,243.00 Driver Relief Car Costs 36.5 255 0 $ 0.52 $ - Total Direct Costs $ 50,730.00 Hours Total Per #Service Annual Day Days Hours Cost per Total Costs Bus Operator Costs: Wages& Benefits 8 255 2,040 $ 37.42 $ 76,337.00 Total Proposed Operating Costs $ 127,067.00 Estimated Annual Ridership Fare per Total Return Fare Box Return to City (25% of 04-05 ridership) 24,000 $ 1.00 $ 24,000.00 Net Proposed Operating Costs $ 103,067.00 Rogue Valley Transportation District Estimated Operating Costs Proposed Ashland Circulator Route (15) Revenue Service Hours=9.0 Trips Total Route Per #Service Annual Length Day Days Miles Cost per Total Costs Bus Operating Cost: Route 15 5.0 18 255 22,950 $ 1.96 $ - 44,982.00 Out of Service 36.5 1 255 9,308 $ 1.96 $ 18,243.00 Driver Relief Car Costs 36.5 255 0 $ 0.52 $ - Total Direct Costs $ 63,225.00 Hours Total Per #Service Annual Day Days Hours Cost per Total Costs Bus Operator Costs: Wages& Benefits 10.5 255 2,678 $ 37.42 $ 100,192.00 Total Proposed Operating Costs $ 163,417.00 Estimated Annual Ridership Fare per Total Return Fare Box Return to City (35% of 04-05 ridership) 33,600 $ 1.00 $ 33,600.00 Net Proposed Operating Costs $ 129,817.00 Rogue Valley Transportation District Estimated Operating Costs Proposed Ashland Circulator Route (15) Revenue Service Hours = 13 Trips Total Route Per # Service Annual Length Day Days Miles Cost per Total Costs Bus Operating Cost: Route 15 5.0 26 255 33,150 $ 1.96 $ 64,974.00 Out of Service 36.5 1 255 9,308 $ 1.96 $ 18.243.00 Driver Relief Car Costs 36.5 1 255 9,308 $ 0.52 $ 4,840.00 Total Direct Costs $ 88,057.00 Hours Total Per # Service Annual Day Days Hours Cost per Totat Costs Bus Operator Costs: Wages & Benefits 14.5 255 3.698 $ 37.42 $ 138,360.00 Total Proposed Operating Costs $ 226,417.00 Estimated Annual. Ridership Fare per Total Return Fare Box Return to City. (45% of 04-05 ridership) 43,200 $ 1.00 $ 43,200.00 Net Proposed Operating Costs $ 183,217.00 Summary of 09-11 Ashland Service Proposals All proposals are annual estimates All proposals are based on establishing $1.00 regular fare Proposal #1 Net Cost Estimate Loop service for 6.5 hours $103,067 Roule 10 $102,658 TOTAL $205,725 Proposal #2 Net Cost Eslimate Loop service for 9 hours $129,817 Route 10 $102,658 TOTAL $232,475 Proposal #3 Net Cost Estimate Loop service for 13 hours $183,217 Route 1 0 $102,658 TOTAL $285,875 RVTD/CITY OF ASHLAND Reduced Fare Program Agreement 2009 - 20011 Agreement made effective September 7, 2009 between Rogue Valley Transportation District (RVTD) and the City of Ashland (City). RVTD and City agree: 1. ENHANCED SERVICES PROGRAM: In order to encourage and increase RVTD ridership within the City of Ashland, the City will offset the cost of fixed-route fares within the City and support more frequent service. The intent of the program is to make more efficient use of Ashland's transportation infrastructure, to reduce greenhouse gases and to promote energy efficiency. 1.1 The program will begin on September 7, 2009 and will be completed effective September 5, 2011 to correspond with the labor Day Holiday. 1.2 Route 10 service is Ashland's base service, and its operation (with the exception of fare reduction outlined in this agreement) is not affected by this agreement. 1.3 RVTD will provide 15 -minute service between the downtown, Ashland St, Tolman Creek Rd and Highway 66/Siskiyou Boulevard with the addition of Route 15. 1.4 RVTD will reduce the cost of the fixed route fare from $2!()O!tOl$~!oa and the Valley Lift fare from $~mOltol$2!OQ to passengers picked up and delivered within the City of Ashland. 1.5 RVTD will provide the City with a quarterly ridership memo outlining the total Route 10 ridership, the ridership on the Route 10 within the City of Ashland, the ridership on Route 15 and the Valley Lift ridership within the City of Ashland. 1.6 RVTD will bill City for the reduced fares on Route 10 as described 1.4, based on actual number of rides provided within the City. The City to be invoiced as outlined in 1.9 below. 1.7. RVTD will bill City for the reduced fares on Valley Lift described above based on actual number of rides provided within the City. RVTD will also bill the City for the operating costs of providing Valley Lift for rides that exceed 9,800 passengers per year. The billed amount shall equal $18.31 per ride over the 9,800 threshold. The City to be invoiced as outlined in 1.9 below. 1.8 The City of Ashland shall retain the fare generated from Route 15 (fare box return) to offset the costs of providing this service. 2. CONSIDERATIONS: 2.1 RVTD will invoice the City on a quarterly basis for the operating costs of providing Route 15 not to exceed $163,500 per annum. The amount billed each quarter shall be $40,875 minus the Route 15 farebox return generated during the billable time period. 2.2 The City will remit to RVTD the costs of reducing fare within the City of Ashland on the fixed-route and Valley Lift systems and the operating costs of Route 15 minus the farebox return to be billed as follows: 2.2.1 December 15, 2009 2.2.2 March 15, 2010 2.2.3 June 15,2010 2.2.4 October 15, 2010 2.2.5 December 15, 2010 2.2.6 March 15,2011 2.2.7 June 15,2011 2.2.8 October 15, 2011 (services provided 9/7/2009 to 11/30/2009) (services provided 12/1/2009 to 2/28/2010) (services provided 3/1/2010 to 5/30/2010) (services provided 6/1/2010 to 9/6/2010) (services provided 9/7/2010 to 11/30/2010) (services provided 12/1/2010 to 2/28/2011) (services provided 3/1/2011 to 5/30/2011) (services provided 6/112010 to 9/5/2011) 2.3 Payment is due to RVTD within 14 calendar days of receipt of invoice. 2.4 In the event thai operating costs of Route 15 exceed 2.5% (increase of $0.05 per operating mile or $1.00 per hour in Bus Operator costs) prior to this agreement's completion, RVTD reserves the right to seek fair compensation from the City to continue operation of Route 15. 2.5 Should either the City or RVTD wish to modify the enhanced services described in 1.1 through 1.10 both parties shall meet and negotiate modifications to this Agreement. 3. TERMINATION: 3.1 Termination for convenience. This agreement may be terminated by either party for that party's convenience upon thirty days written notice to the other party. RVTD shall be compensated for all services performed under this agreement up to 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: 3.2.1 If Federal or state laws, rules or regulation are modified, changed or interpreted in such a manner that the services are no longer allowable or appropriate under this agreement; 3.2.2 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 no~ renewed. 4. PUBLICITY: 4.1 Any publicity or advertising regarding the program by the City shall first be reviewed by RVTD for accuracy and must acknowledge the support of RVTD. RVTD will provide City with appropriate logo for this purpose. 4.2 RVTD will post a map and schedule at each designated bus shelter in Ashland detailing the Route 10 and Route 15 bus stops. 2 4.3 City will create and print brochure size maps and schedules for distribution. 4.4 RVTD will promote the Ashland service at events, at map/schedule distribution points and at www.rvtd.org.'- _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' 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, an 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 Liabilitv RVTD, its subcontractors, and all employers working under this Agreement must 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. Livinq Waqe RVTD is required to comply with chapter 3.12 ot'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 is also required to post the attached notice predominantly in areas where all employees will see it. . ROGUE VALLEY TRANSPORTATION DIST CITY OF ASHLAND By By Julie Brown General Manager Martha Bennett City Administrator Reviewed as to form: Reviewed as to form: By By David Lohman Legal Counsel for RVTD Date: City Attorney Date: 3 Comment [jl]: RVTD will promote reduced fare, not free rare J.brown from: To: Date: Subjeet: "FOUNTAIN, Tim \ TransLink Manager" <t.fountain@rvtd-translink.org> "Mike Faught" <faughtm@ashland.or.us> 4/28/2009 9:52 PM Re: Ashland service and Valley Lift Scrip is $4. One scrip ticket, at the $4 rate will get you one trip. Round trip is $8. Most agencies purchase scrip so thei~ clients don't have to carry cash. To help explain a Iittlc.. VaHey Lift is the paratransit portion of RVTD. To use Valley Lift you must pay the S4 fare with scrip or cash. We don't offer reduced or free trips for our Valley Lift program. We have another program called thc Plus program. Program eligibility is determined by the riders case worker from DSO or SPD. These two agencies send our office a referral letter allowing the rider to take so many trips per month, again determined by the case worker. Riders start with 20 rides per month and go up from there. Normally, peoplc with OHP Plus are eligible, but not always. Bottom line, the programs intent is to keep people independent, in their homes, and out of institutions. Trips through the Plus program can only be used for a non-medical purpose. None of our programs are based or tied to the Oregon Trail Card. ---nOriginal message----- From: "Mike Faught" faughtm@ashland.or.us Date: Tue, 28 Apr 2009 15:46:48 -0700 To: "Tim I TransLink-Manager FOUNTAIN" t.fountain@rvtd.translink.org Subjeet: Re: Ashland serviee and Valley Lift * Hi Tim... How much does the Script cost to purchase? I assume it is S4.00 per ride... And I want to confirm that the Oregon Health Plan Plus Clients can use valley lift for free? Is that true for those who have an Oregon Trails Card? * * Michael R. Faught, Public Works Director * City of Ashland * 20 E. Main Street . Ashtand, OR 97520 . Phone: (541) 488-5587 . Fax: (541) 488-6006 . Email faughtm@ashtand.or.us * www.ashland.or.us * * * This cmail is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please notify me. . * . . * >>> "FOUNTAIN, Tim I Trans Link Manager" <t.fountain@rvtd-translink.org>4/17/2009 1 :29 PM >>> * Thank you Christine for voicing your concerns. They are helpful for me in identifying the critical transportation needs in your community. * * One thing I would like to add to Paige's response is that R VTD also operates the Plus program whieh is available to most Oregon Health Plan Plus clients. This service is free thc the client, and can be used for any non-medical trip within the RVTD service area. Eligible clients would simply set up their transportation requests similar to the Valley Lift program. . * I have b.cen working closely with SPD and DSO to identify those who qualify but are currently not using the service. A huge push to inform more eligibles actually happened last week. I'm hoping more take advantage of the service. . * I hope this additional program is beneficial some of the clients you've mentioned. Please don't hesitate to contact me if you have further questions about this program. My number is 842-2072. . . . . * * -----Original message----- * From: "Paige TO\V11send" p.townsend@rvtd.org * Date: Fri, 17 Apr 2009 t 2:51 :09 -0700 . To: dodsone@ash1and.or.us * Subject: Ashland service and Valley Lift . * * Hi Christine, . . * * Thank you for bringing the concerns of Valley Lift patrons forward. The Valley Lift program is managed by Tim Fou!ltain who is cc'd on this email. . . * * We realize that a fare increase will cause hardship for a portion of our passengers and the City is working with RVTD to ensure that programs are available to ease the impact a fare increase may have. Valley Lift service has a paper fare called script which is similar to tokens in that they can only be used for the Valley Lift system. I believe the City 1S considering purchasing script to be distributed in a similar fashion to their current fare programs. . . * * Another option you may not know about- when a Valley Lift client uses the fixed-route system and shows their ID,they do not need to pay a fare. Also passengers can request a transfer that is good for 90 .minutes to load any bus without paying a fare a second time. With 15 minute service being considered by the City, a transfer will become very useful. . . * *' hope this answers some of your questions, ifnot give me a call. If you have specific questions about Valley Lift please contact Tim Fountain. The City of Ashland would have more information about the fare programs they are considering. "'\ . . * * Best, * * Paige Townsend * * RVTD Senior Planner . . (54 t )608-2429 * * 3200 Crater Lake Ave. . . Medford, OR 97504-9075 . . . * . * . * * * From: . . "Christine Dodson" [+] Date: Wed, 08 Apr 2009t t:17:2 t -0700 * * To: . * "Mike Faught" [+] * * Subjeet : R VTD Options * * Good Morning - * * I watched the RVTD portion of the Council meeting last night and I wanted to share a couple of thoughts with you from the Senior Program perspective . . * * Most of our clients relying on public transportation to get to the Senior Center use the Valley Lift 1;>ecause their physical limitations that prevent them from using the regular bus. A rate increase from $1 to I $2 each way will make it difficult for some seniors, but not all. If someone rides Valley Lift and is corning for the congregate Food and Friends lunch program, they wi]] incur a 54 transportation fee as well as the $2.75 suggested donation for the luneh, totating $6.75 (presently $4.75). The $4 eharge wilt also be incurred for trips going to the doctor, grocery store, etc. . . * * As I mentioned, this will impact the choices available to some of our seniors. Since eligibility for the Valley Lift is based on physical limitations not income, there will be seniors that will be able to incur the additional charges more easily and some that will find it difficult. . . * * I appreciated that the proposals you presented also sought to increase the fIee bus pass amount available to the High School and to us. I was hoping you might consider negotiating some flexibility with RVTD for the free bus passes for the Senior Center so they can be used for Valley Lift users with a financial need. That would go a long way in helping to offset the strain of the increased cost of the paratransit transportation. There are probably other options that would work towards this goal, this was just one idea that carne to mind. . . * * Please let me know if I can offer inslghts or assistance for this issue. Thank you for your consideration and for your advocacy. . . * * Kindest Regards, . . * * Christine Dodson * * Senior Program Director * * Ashland Senior Center * * 1699 Homes Avenue . . Ashland, OR 97520 . . . . 54 t -488-5342 * * dodsonc@ashland.or.us . . . . . * Tim Fountain * Rogue Valley Transportation District * TransLink Brokerage Manager . 239 E. Barnett Road . Medford, Oregon 97501 . . offiee 541.842.20721 fax 541.6 t 8.6377 * t.fountain@rvtd-translink.org . . . . Tim Fountain Rogue Valley Transportation District TransLink Brokerage Manager 239 E. Barnett Road Medford. Oregon 9750t offiee 541.842.2072 I fax 541.618.6377 1. fcuota in@rvtd-translink.org CITY OF ASHLAND Council Communication A Resolution in Support of Senate Bill 29 - Instant Runoff Voting Meeting Date: May 5, 2009' Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzera(W.ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: 10 Minutes Question: Should the Council approve a Resolution supporting Senate Bill 29 - Instant Runoff Voting (IRV) and direct staff to notify State legislators of the City's support and urge a Yes vote on SB29 and on its companion Bill in the House? Staff Recommendation: Staff recommends approval based on Council's action in 2007. Background: During Public Forum at the April 21 regular meeting, Council was asked to approve a Resolution in support of Senate Bill 29 which would allow local government to implement Instant Runoff Voting (IRV) for local elections. Council directed staff to place the item on the agenda for the May 5,2009 meeting. Currently the Oregon Constitution makes allowances for Instant Runoff Voting but the Revised Statues and Elections Code make its implernentation all but impossible. SB29 would eliminate those barriers and allow local governments to use lRV for local elections. SB29 does not provide for resources to conduct IRV. Should a local government opt to use IRV, it must assume all election costs, including software and hardware, training labor etc. Support of SB29 does not obligate the Council to implement IRV. Council approved a similar resolution in April 2007 by a vote of 4-3. IRV allows voters to rank candidates in order of preference. Ifno candidate is the first preference ofa majority of voters, the candidate with the fewest number of first preference rankings is eliminated. Voters then rank the remaining candidates. The process is repeated until one candidate obtains a majority of votes. IRV is described in SB29 as "...Instant runoff voting system means a system of voting for candidates for nomination or election to a county or city office, or to an office of a metropolitan service district ... under which an elector may express the elector's first, second or additional choices among the candidates for nomination..." Related City Policies: None Council Options: Council may accept the recommendation and direct staff to proceed or take no action. Page I of2 ~.l' CITY OF ASHLAND Potential Motions: 1 make a motion to approve the attached Resolution supporting Senate.Bi1l29 and direct staff to notify State legislators of the City's support. . Attachments: . Resolution in Support of Senate Bill 29 - Instant Runoff Voting . Senate Bill 29 and County Clerk Amendments . Testimony to Senate Rules Committee in Support of Senate Bill 29 from Senate Jackie Dingfelder, Senate District 23 -' Page 2 of2 -.. ...., RESOLUTION NO. A RESOLUTION SUPPORTING S829, INSTANT RUNOFF VOTING WHEREAS, The City of Ashland values its rights under Home Rule Charter, and specifically, the ability of its electorate to choose the method by which local officers are elected; and WHEREAS, the Oregon State Constitution expressly permits preference voting as a method for elections; and WHEREAS, Instant Runoff Voting (JRV) is a specific example ofa preference voting method; and WHEREAS, municipalities have been discouraged from adopting IRV for lack of State Statutes that describe counting rules for IRV ballots; and WHEREAS, SB29 expressly allows for municipalities to adopt IRV and describes the rules by which IRV ballots would be counted; and WHEREAS, SB29 is consistent with HB27GI, a similar bill submitted by Rep. Buckley last session, that enjoyed the support of Resolution 2007-13. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Mayor and Council of Ashland do hereby support SB29 and direct Staff to notify State legislators of our support, urging a YES vote on SB29 and on its companion Bill in the House upon its submission. SECTION 2. This resolution takes effect upon signing by the Mayor This resolution was duly PASSED and ADOPTED this day of March, 2009. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of May, 2009. Reviewed as to form: John Stromberg, Mayor Richard Appicello, City Attorney Page 1 of 1 75th OREGON LEGISLATIVE ASSEMBLY~-2009 Regular Session NOTE: within within .Matter within { {- braces and {+ braces and + braces and plus minus signs - } is plus signs + } signs + } in exi~ting la~ an amended section is new. Matter to be omitted. New sections are LC 1068 '- Senate Bill. 29 Printed pursuant to Senate Interim Rule 213 . 28 by order of the President of the Senate in. conformance with presession filing rules, indicating neither" advocacy nor opposition on the part of the President (at the request of' Senate Interim Committee. on. Rules and Executive Appointments) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part~of the bOdy thereof subject to consideration by the Legislative Assembly. .It is an editor~s brief statement of the-essential features of the measure as introduced. Allows county, city or metropolitan service district to adopt instant runoff voting system for nomination or elec~ion ,of can<;iidates to county, city or 'metropolitan seryice district office. 'A'BILL FOR AN ACT Relating to elections; creatin~ new provisions; and amending,pRS 2~9:q88,',254.005, 254.065, 254.575, 258.250.and 258.280. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 254.005 is amended to read: 254.005. A~ used in this chapter: (1)' 'Ballot 1 means any material on which votes may be cas't for candidates or measures. In the case of a recall election~ 'ballot" includes material post~d i~ ,a ~oting compartment or delivered to an elector by mail~ (2) 1 Chief elections officer' meaDs the: ',.. , ' _. : '... . (a) Secretary of State, regarding a candidate for a state 'office'or an office to be voted on in the state at large or in a congressional' district, or a measure ,to be yoted' on in the state at large., , . (b) County clerk, regarding a candidate"for a county office, or a measure to be voted on in a county only. (c) City clerk, auditor or recorder, regarding a candidate for a c~ty office, or a measure. to be voted, on iri a city. only. (3) 'Co~nty clerk' means the 60unty .cl~rk .or the: coun~y official in 'charge of elections. (4). 'Elector' means an individual qualified to vote under section 2, Ar~icle II, Oregon Co.nstitu'tion. {+ (5)' Instant runoff voting sy~tem' means a system of voting for 'candidates for nomination or election to county or city office, or to an office of a metropolitan service district organized under ORS'chapter 268, authorized by section 16, Article II.of the 'Oregon Constituti.on,. under which an elector may "expre~s' the elector's 'first, ~ecorid ,or additional choices among the candidates~ for nomination OF election to county, city or metropolitan service district office .uilder sections' 3 ,and 4 of this '2009 Ac't. + } '{ - (5) -) {+ (6) + ) 'Major. political party' 'mea'ns a political party.that has qualified as a major political party under ORS 248.00'6. . ( - (6) -) (+ (7)"+) 'Measure' include~ any of the following submitted to the people for their approval or rejection at ~n election: la) A proposed law. . . , (b) An Act or part of an Act of the' Legislative Assembly. (c),A revision of .or amendment to the' Oregon'Constitution. (d) ~ocal, special or municipal legislation. (e) A proposition or.question. { - .(7) -} {+ (8) + } 'Minor political party'- means a political party th'at li.a.~ qualified as a minor political party under ORS 248.008. .. ( - (8) -) {+ (9) + } 'Nonpartisan office.' means .the office of judge of the ... Supreme Court, Court of Appeals, circui t court or the Oregon Tax Court, Superintende.nt cif Public Instruction, corrunissioner of the Bureau of Labor and Industries,. any elected ' office of a ,metropolitan service district under ORS chapter 268, justice.'of the peace, county clerk, county assessor, county surveyor; county treasurer,. county judge w~9 exercises judicial functions, sheriff, district. a~torney or any office 'designated nonpartisan by a home rule charter. .. I - (9) -) {+ (10) + ) 'Prospective petition' means the information', except signatures and oth.er identification of peti"tion signers, required to be contained in a. completed petition. .. .' ( - (10) -) {+ (11) + ). 'Regular district election 'me'ans' thE" election h~ld ea'~h year for the purpose of electing members of a district board as defined in ORS 255.005 (2) . . . ... .' .' . . .. I - (11) -) {+. (12) + } 'Vote tally system' means' one or more pieces of equipin~nt necessary to examine and tally automatically the marked ballots. . { - (12) -} (+ (13) + ) 'Voting machine' means any device that will record every. vote c"ast on candidates and measures and that will either internally or externally tot"al '. all votes eas~ on that deviee. SECTION 2. (+ Sections. 3 and 4 of this 2009 Act are added to and made a 'part of ORS chapter 254. + ) .' SECTION 3. {'+ (I)-Notwithstanding any provision 6f ORSchapters 203; 221 ~nd 246 to 260, a charter or ordinance of a county, city or rnetropo~itan service district organized. under ORS chapter 268 may authorize the use of. an- instant runoff voting system for the nomination an~ election of candidates to county, city or metropolitan service district. office. (21 The Seeretary of State shall adopt rules governing the co~duct of county, city or metropolitan service district elections using. an instant runoff voting system. (3) Notwithstanding ORS 254.046, if a county,. city _.or metropolitan service distric:::t .. '. . .conducts an election on any date using an instant runoff voting system, the county,- ct"ty.: or metropolitan service district. shall bear the cost of the election. "+ } , SECTION 4. {+ (I) Elections for the nomination or. election- of c~ndida~ei.to. county or city office, or to an office of.a metropolitan. service district organized und~r ORS chapter .268, that use an instant runoff voting system authorized under section 3 of this 2009 Act shall be conducted as provided in this section. '. . (2) The ballot shall be designed to allow an elector to vote for. the ele~tor's first; second and third choices from among the candidates, .including candidates listed. on the. .. ballot or one write-in candidate. . ,_ .;. . - ' .. . - ..:__:: .. (31 Ballots shall be counted as follows:' .. . . . . . . . '.' '.' . (a} The elector' s vote shall be assigned to the candidate rnarked as the 'elector' s first choice. If one candidate receives a majority of the first-choice votes, that candidate shall be declared nominated or elected. (b) If no candidate receives a .majority of the first-choi~e votes, the candidate receiving the fewest first-choice .votes is eliminated. Each:vote- cast for any eliminated.. candidate shall be transferred to the candidate who was the elector's next choice on:. ' the ballot. , .' .. (c) Candidat.,s with the fewest votes shall continue to be eliminated,' with the vo'tes.. for those candidates .transferred to the candidate who was the electorl s ne.xt choice on the ballot until a candidate recei v'es a majority of the votes cast. When' a candidate. receives a majority of votes, that can.didate is nominated or elected. . . . .... (d) Notwithstanding any provision- of' this subsection, a candidate is. eliminated after. ..' the first tally of ballots if the.~andidate receives fewer than 500 votes;'or less than. 10 percent of the total votes. cast for the nomination.oroffice, whichever is less. Each' vote cast for any eliminated candidate shall be transferred to the candidate'who was the.. elector's next choice on the ballot. (4)' An elector may vote. for. the elector's choices as,' follows: (a) For each nomination or office for which .there are three or more candidates li'sted. on the ballot, an elector may indicate thre.e cl:oices.. (b) For each nomination ,or office for which there are two candidates listed- on.the. ballot, an elector may indicate two choices. (e) For each- nomination or.office for which there is .one .or.no- cand~dat.e listed on- the ballot, an elector may indicate one choice.. ...;.: . . (5) If' all candidates for whom.' ~.~. 'elector voted on a ballot a're eliminated',' the ballot. is considered exhausted and may not be considered in any continuing determinat~on of whether a candidate for the' nomination or election received a majority of the votes cast. If the ballot of an elector does not' list the elector's' choices in numerical order, the elector's next clearly indicated choice in order shall be counted. If an elector's ballot assigns the same numeric choice to more than one' candidate, those assignments are invalid and the elector's' vote is transferred t~ the next ~umeric choice, if any. (6) If two or more candidates for the same nomination or election, after a recount. of the votes cast, have an equal and the highest number of votes at any stage of' the counting of the votes, and one of the candidates is t~ be el~min.ated, the.. tie shall be resolved as provided in ORS 254.575. + } , . SECTION 5. ORS 254.065 is amended to read: 254.065. (1)' {. + Subject to subsection (2) of. t'his section; + }. when oneperso'n is to.. be nominated for or elected to an office, the person receiving.the highest number of votes {- shall.be - }. {+ is + } nominated or elected. When more:-than ,one person is to be nominated for or elected to a .single office, the persons receiving the higher number of votes' ( - shall be -) {+ are + ) nominated or: elected. This subsection does not apply to a 'candidate for election to an office at a general election if the election for the office must be held at a special elebtion as described. in ORS 254.650. (. + (2) When one person is 'to be nominateQ. for or elected to a county or city office, or to a'n office of a metropolitan service district organized under ORS chapter 268, using an instant runoff voting ,system, the person receivi!1g the ~ighest number of votes as . provided in section 4 of this 2009 Act is nominated or- _elected. '. When more than one person is to be nominated for or elected to a. single office, the persons receiving the higher number 'of 'votes as. p~ovide:d ~n sect.t.on.4 of this 2009, A~t are nominated or elected, + ) . . { - (2) - {+ (3) +} {- No measur'e shall be -) 1'+ A measure is not + ) :"adopted unless it .receives an affirmative major'ity of the total votes cast on the measure. If two or more conflicting laws, or' amendments to the Constitution or charter, are approved at the s'ame election, the law, or amencin\ent, receiving the greatest number of affirmative vote$ shall.be paramount regarding each. conflict, even though the law, or amendment, may not have received -the great~st major,ity of affirmati'Y"e v~tes. SECTION 6 .ORS 254.575 is amended to read: . . 254.575. {+ (l).Except as provided in subsection (2) o~ this section, + I when two or more candidates for the sam~ office,. after a full rec:ou~t of votes" have' an equal and the highest number of votes: { - (1) -} (+ (a) + ) For election to state Senator or Representative, a party offlce, or a public .office for which the elections officer is other than.the Secretary of State, the elections office'r shall have the eandidates meet publicly to' decide by lot. who is elected., { - (2) -} {+ . (b) + ). For election to. a. public office other, than Governor or those referred to in .{ -. subsection (1) of this' section -} (~ paragraph (a) of this subsection + ), the Secretary .o~ S~at~ by proclamation 'shall o:r-der a new election to fill the office. { - (3) -} 1'+ Ie) + ) For election to Governor, the Legislative Assembly at the. beginning of the next regular. session shall meet'joi~t~y and elect one of the candidates. { -.. (4) -) .( + Id) + ) For nomination by one major political party to an .office, the'elections officer who receives filings for nomination to the office shall have t~e candidates.meet publicly to decide by lot who is nominated. . (+ (2) In a county, city or metropolitan service district organized under ORS chapter 268 that has authorized an instant runoff voting system under section 3. of this .2009 Act, when two or more candidates for the same coun_ty, .city or metropolitan . servi'ce district office,_ after a reco~nt of. 'vat'es,' have an equal and the highest number. . of votes at any stage of the co'unting. of votes under section 4 of this 2009 Act and one of the candidates is to be eliminated, the elections officer' shall have the, candidates meet publicly to decide by. lot, who is'eliminated. + } SECTION 7. ORS 258.250 is amended to read: 258.250. (1) . { - If' the. abstract of votes resulting from a full recount shows that the outcome of the election. on- the rnea~ure was changed or that ~ candidate fo~ whose .benefit the recount was demanded'received.a plurality of the votes, - J 'The deposit required by ORS 258.161 shall be. refunded by the, Secretary of State to.the person who. file'd"the demand. { 4- fo'r a r'ec.ount "if the" abstract of votes' resulting from a full re~ount shows that:.. .' _ . . .:' . _ . (a) The outcome of the election on a measure was changed; ,"n '.' . . (b) The candidate for whose benefit the recount was demanded ';~~eiy~d'~ ~~l~rality of the votes; or. . .' , . ," . . (c) In ~ county, city or metropolitan service district ~rganize~ und~r QRS chapter 268 that has authorized' an instant runoff voting system under section' 3 of this 2009' Act, the candida~e for whose benefit the recount was"demanded received the highest number of votes + ).. .. . (2) Th~ Secretary rif Stat. shall tran~fer' the deposit requir~d by ORS 258.161 and any additional amount paid pursuant to subse.ction (5) of this section to a special, account in the General Fund if: (a) A full recount.' was not conducted; or (bl The abstract of votes resulting from (AI The outcome of the election on (- - or - ) (8)' (- A - ) ,{ + The +) candidate for ~h6se benefit the recount was demanded did not receive a plurality of the votes {-, -) {+; or (C) In ~ county, city or metropolitan service district that has authorized an instant runoff voting system under section 3 of this 2009 Act, the ,candidate fo~' wh'ose benefit the recount was demanded did not receive the highest number of votes.'+, } (3) Moneys deposited in the.special account.vnder subsection (2).of this section are continuously appropri~ted for the purpose of reimbursing the county, city or other polItical subdivision. or. public corporation for the _cost of. the recount and paying any refunds required by subsection (4) of .this section. . . . (4) Upon receipt from the official directed to conduct the recount' of' a signed certificate itemizing the 'cost of the -recounf, the Secretary of State sha~l request the Oregon Department of Administrative Services to issue ~arrants for the. amount so certified. Any portion of the deposit required by ORS 258.161 remaining after the cost of the recount has been pa~d shall be refunded to the person who filed the. ..demand upon receipt of a warrant'from the/Oregon Depar~ment of Administrative Services showing the. amount of- the, refund to which. the person is' entitled-. .(5) If the cost of .the recount exceeds. the amount of the' deposit required'byORS' 258.161, and if the person who. filed the demand does not qualify for'a refund under subsection (1) of this section, the person shall pay to the Secretary, of State the' amount of the excess cost. SECTION 8; ORS 258.280 is amended to read: '. . ,.., ........ '. :.' . 258.280. (If The Secretary of State shall order a f~ll recount of' the Votes' cast fo~ nomination or election to a p\.1.blic-office for which the Secretary_ of State ,is the filing'"- officer, and the 'county clerk who conducted th~ ,election shall order a full recount of' the votes cast for nomination or election to any other public office if the' canvass.o~' votes of the election reveals that: (a) Two or more can~idates. for that nom1nation or office' have 'an eq~ai 'and the' higlie's't . number of votes;. (- or - ) (+ (b) In a 'county,_ city or metropolitan service district:organize'd.under ORS. . . cha'pter 268 that has authorized an instant. runoff voting system' under section 3 of thl"s 2009 Act, two or more capdidates for the same county, city or metropolitan service district office have an equal and the highest number of votes at any stage of the" counting of votes under section .4 of this 2009 Act and one of the candidates is to be eliminated; or ~ ) ... . . . ( - (b) -) t..+. (c) + } The difference in the number of votes cast fora'candidate: . appar.e'ntly nominat"ed or ele'cted to the office and the votes cast for the .closest apparently defeated opponent is' not more. than one-fifth.of one perc~nt"of the total. votes for both"c~ndidates. " ' :.' '.':" ". '.' - ,........ '-:': (21 The cost of. a full recount conducted under this section' shalCbe. paid by thec'ounty' for a county office, by. the city for a city office, by the special district for a special' district office. or by the state for any other office. ..... '..... . .' '. SECTION 9. ORS 249.08.8 is amended'to read: . '. . ....:... .:.......: ' 249.088. (-. (1) Unless otherwise provided by' a home rule charter; at the' nominating: .election held' on' the d.ate of._ the primary electio"n, tl-!O .candidates shall be nominated for' the nonpartisan".office. However, when a candidate, other than. a candidate ior the ofiic~ of.,sheriff, ~ c~ndidate for the,o~fic~ of 'courity. clerk;, a candidate for th~.office of ' . . . . .' . . . a full recount shows' that.: : the -) (+ a + ) measur.e w~snot- changed; . . county treasurer or a.candidate .to fill a vacancy, receives a majority of, the votes cast for the-' office at the nominating election, that candidate'is elected. - } { +-. '(1) Subject to subsection (2) of this section -and' the provisions of a-home. r'ule. charter, at the nominating e~ection held on the date pf the primary ~lection: (a) Except as provided in paragraph (b) of this subsection: (A) If a candidate for nonpartisan office receives a majority of votes cast for'the office, that candidate' is elected. (B) If no'candid~te for nonpartisan office receives a majority of votes cast for the office, the, two candidates, receiving the highest number of votes are nominated. + I' .. ,{ _ (2) .:. I' {+ (b) + 1 {- When -) (+ If + 1 a candidate for the office of sheriff, [ - the office 6f - 1 county clerk {-, the office of - 1 {+ or + 1 county treasurer or a candidate to fill a vacancy receives a majority of votes'cast.,for the office. (~at the nominating election - } ,. that candidate alone is nominated. (+, ,(2) At the nominating election held on the date of the primary election ,in a county, city or metropolitan service district organized under ORS chapter 268 that has authorized ,an instant runoff voting system under section 3 of this 2009 Act: (a) Except as provided in paragraphs "(bl and (c) of this subsection, the procedure described in section 4 of this 2009 Act shall continue until two candidates remain and those two 'candidates are nominated for the nonparti~an .office. (b) Except as provided in paragraph (c) of this subsection, if a candidate for nonpartisan office receives a majority of the first-choice votes cast '.fo~ _the. office under section 4 of this 2009 Act, that candidate is'elected. (c) If a'candidate for 'the office of sheriff, county clerk' or county treasurer or 'a candidate to fill a vacancy receives, a majority of 'the first-choice vot-es cast for the, office under secti(;m 4 of_ this 2009 Act, .that candi.date alone is _.no~inated.' + '} , SB 29 and SB 321 "Draft" County Clerk Amendments SECTION 3. (+(1) Notwithstanding any provision ofORS chapters 203, 221 and 246 to 260, a charter or ordinance of a county, city or metropolitan service district organized under ORS chapter 268 may authorize the use of an in~tant runoff voting system for the nomination and election of candidates to county, city or metropolitan service district office. ' (2) The Secretary of State shall adopt rules governing the conduct of county, city or metropolitan service district elections using an instant runoff voting system. (3) Not\vithstandiag ORS 251.016, {+I+}if a county, city or metropolitan service district {+election authority requests an election be conducted+} conE/ucts all eloction on any date using an instant runoff voting system; the county, city or metropolitan service district shall bear the cost of the election{+all election costs, including, but not limited to, all software and hardware, training, labor, postage, printing and other 'associated election costs, including litigation due to this method of voting. (4) Any county, city, ormetropolitari service district who has a filed initiative petition for the purpose of implementing instant runoff vo~ing is required to include a fiscal impact in the ballot title for voters to consider.+}" , (+(5) Upon the initial request by any courity, city, or metropolitan service district to use the instant runoff voting method, the following is required to be submitted to the County Clerk before the first election shall be conducted by that method of voting:, ' , .' (a) Copy of ordinance passed by the governing board authorizing the insta,nt runoff method of voting, with the applicable offices., ',,' , ' , , , ",', ' (b) Copies of the state and federal certifications for the election systeins that meet the specifications of instant runoff voting pursuant to state and local laws. , ' (c) Copy of the state elections certification for the election systems th'at meet the specifications of instant runoff voting pursuant to state and 10calIaws. ' ' , ' , (d) A bond, a cash deposit or other security deposit, equal to 50% of the filII amount of all software and hardware to~onduct an instant runoff voting method of voting as follows: ' (A) A bond ina form and in an amount approved by the county board; or. (B) A cash deposit in an amount approved by the county board accompanied by a form prescribed by the Secretary of State. The form shall include the names and addresses of all persons and organizations providing any part of the cash deposit, the amount provided by each, and a statement signed by the governing body authorizing payment to the county treasurer; or ")' '(C) A security deposit, other than a bond or cash deposit shall be of a kind and III an amount approved by the county board accompanied by a form prescribed by the Secretary of State. The form shall include the names and addresses of all persons and organizations providing any part of the security deposit, the amount and kind provided by each person's 'contribution, and a statement signed by the , governing body authorizing payment to the county treasurer. ,', ' (6) Upon receipt of the requirements of subsection (5), the first instant runoff voting election shall not be' scheduled prior t0360 days. " (7) Not later than the 30 days ,after receiving an invoice for the full amount of the election costs, the governing body who requested the instantrunoffvoting method will submit full paymentto the county treasurer for the amount that exceeds the iriitial deposit paid.+} , SECTION 4. {+ (I) Elections {+where one candidatei.s to be nominated or elected to+} [ for the nomination or electioll sf eandidates to ] county or city office, or to an office of a metropolitan service district organized under ORS chapter 268, that use an instant runoff voting system authorized under section 3 of this , 2009 Act shall be conducted as provided in this section.. " , (2) The ballot shall be designed to allow an elector to vote for the elector's first, second and third choices from' among the candidates, including candidates listed on the ballot or one write-in candidate. (3) Ballots shall be counted as follows: ' (a) The elector's vote shall be assigned to the c~didate marked as the elector's first choice,Ifone candid;t~ receives a majority of the first-choice votes, that candidate shall be declared nominated or elected. (b) If no candidate receives a majority of the first-choice votes, the candidate receiving the fewest firsFchoice votes is eliminated. Each vote cast for any eliminated candidate shall be transferred to the candidate who was the elector's next choice on the ballot., ' , , ' ," " ',,',,', ,,', , (c) Candidates with the fewest votes shall continue to be eliminated, with the votes for those candidates;', transferred to the candidate who was the elector's next choice on the ballot until a candidate receives a majority of the votes cast. When a candidate receives a majority of votes, that candidate is nominated or elected. ' (d) Notwithstanding any provision of this subsection, a candidate.is eliminated after the first tally of ballots if the candidate receives fewer than 500 votes, or less than 10 percent of the total votes cast for the nomination or office, whichever is less. Each vote cast for any eliminated candidate shall be transferred to the candidate who was the elector's next choice on the ballot", ' " '.' ','; " ': ' (4) An elector may vote for the elector's choices as follows: ' ,,' ',' ",'" ':. ,'.','" '." ',', (a) For each nomination or office for which there are three or more candidates lIsted ontheballot, an elector may indicate three choices. ' ' " '> '. ,',' (b) For each nomination or office for which there are two candidates listed on the ballot, an elector may" indicate two choices.,' " " " ' ' ' ,:' ','" , ' , ,', ,'.. ' ' , (c) For each nominationor office for which there is one or no candidate listed em the ballot, anel~ctormay indicate one choice:" , ',,' .. ,. " ',,' '.",. , " (5) If all candidates for whom an elector voted on a ballot are eliminated; the ballot is considered exhausted and may not be considered in any continuing determination of whether a candidate for the nomination or ' election received a majority of the votes cast. If the ballot of an elector does not list the elector's choices in ",' numerical order, the elector's next clearly indicated choice in order shall be counted. If an elector's ballot ,'",' assigns the same numeric choice to more than one candidate, those assigrunents are invalid and the elector's vote is transferred to the next numeric choice, if any. , ' " ' , ,,' , (6) If two or more candidates for the same nomination or election; after a recount of the votes 'caSt, have ~""', , equal and the highest number of votes at any stage of the counting of thevotes,and one of the candidates IS to beeliminated, the tie shall be resolved as provided in ORS 254.575. + } " , " ""', ',."' . .. ,'. .: . . . To: Senate Rules Committee From: Senator Jackie Dingfelder, Senate District 23 Date: January 26, 2009 Re: Testimony in Support of Senate Bill 29 Chair Devlin and members of the Committee, thank you for the opportunity to testifY on behalf of Senate Bill 29. This bill addresses a shortcoming in Oregon election law. Currently, the Oregon Constitution makes allowances for Instant Runoff Voting but the Revised Statutes and Elections Code make its implementation all but impossible; This bill would eliminate these barriers and allow local governments to experiment with Instant RunorrVoting for local elections, ' SB 29 would not compel the state or local governments to adopt any changes to their election process. Instead, it would allow localities greater freedom in selecting their method for electing officials. Communities with no interest in this electoral process are under no obligation to adopt it Oregon has long been a national leader in innovative elections reforms. Oregon was among the earliest states to try some form of direct election of US Senators, citizen initiatives, and vote by mail. The adoption of Instai1.t Runoff Voting would follow' Oregon's tradition of serving as one of America'slaboratories of democracy. Thank you, , for taking the time to hear SB 29 and learn the reaSons why this bill is needed. Senator Jackie Dingfelder District 23 CITY OF ASHLAND Council Communication Appointment of Budget Committee Member as Liaison to Audit Committee Meeting Date: May 5, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland,oLus Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: 5 Minutes Question: Will Council make an appointment of a Budget Committee member as liaison to the Audit Committee for a term to expire April 30, 201O? Staff Recommendation: None. Background: Resolution #2008-24 states that the council will appoint a Budget Committee member to act as liaison to the Audit Committee, Dee Anne Everson was appointed as the liaison to the Audit Committee by the Council in September 2008 and is willing to continue in this capacity. The Audit Committee meets about twice a year to analyze and report to the Council on the annual audit of the City and Parks & Recreation, This committee also recommends to the council an independent firm of certi fied public accountants to perform the annual audit of the City. Related City Policies: Resolution #2008-24, Council Options: Choose to appointment Dee Anne Everson as the liaison to the Audit Committee for a term to expire April 30, 2010 or choose another Budget Committee member as liaison. Potential Motions: Motion to approve appointment of Dee Anne Everson to the Audit Committee as the Budget Committee liaison for a term to expire April 30, 2010. Motion to appointment term to expire April 30, 2010, to the Audit Committee as the Budget Committee liaison for a Attachments: Resolution #2008-24, Page 1 of 1 r~' RESOLUTION NO. .1.. ()(} f. }{ 1 A RESOLUTION CLARIFYING THE DUTIES AND RESPONSIBILITIES OF THE MUNICIPAL AUDIT COMMITTEE AND MAKING THE CITY RECORDER AN EX OFFICIO MEMBER AND REPEALING RESOLUTION NO. 2003-07. RECITALS: A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16, The committee was re-established in 1995 with modified objectives and responsibilities as set forth in Resolution 95-24, 98-06 and 2003-07, Recent changes in audit requirements and internal operations create a need to adjust the responsibilities of the committee and its members. 8. The city council desires to reaffirm the expectations and composition of the committee, making the city recorder a non-voting member and allowing the mayor to serve as a voting member. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1, Committee Established, The Municipal Audit Committee is established and shall consist of four voting members. The committee may request the presence of any , city official at its meetings. SECTION 2. Terms. Qualifications. Vacancies, A, Four voting members shall be appointed by the City Council and shall consist of one council member or mayor, one budget committee member, and two citizens at large. The fifth member shall be the city recorder, a non-voting member. The terms of the council member or mayor and budget committee member shall be for one year each expiring on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April 30, or until their respective successors are appointed and qualified. In such a case as both at large positions are filled simultaneously the terms shall be staggered for two and three years. 8, In making the appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. C, Any committee member, other than the city recorder, who is absent, without prior permission from the chair, from two or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new person shall be appointed to complete the term. SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum, The committee shall establish rules for its meetings and shall meet at least semi-annually (once prior to the onsite audit and once to receive the annual report) and at such other times as may be necessary. SECTION 4. Responsibilities, The committee shall be responsible to: A, Recommend to the council an independent firm of certified public accountants, qualified to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings, C, Make recommendations, if any, to the council regarding the following financial documents: , 1, Annual financial statements, 2. Management letter submitted by the independent auditor, 3.Response to management letter submitted by city staff, and 4, Financial Management Policies. D, Review component unit information as necessary in relation to the city's annual financial report and recommendation(s) to be made to council. E. Perform similar duties for the Ashland Parks and Recreation Commission as authorized by the Commission, SECTION 5. Reports, The committee shall submit copies of minutes of its meetings to the council, Reports or recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city councilor Parks Commission, SECTION 6, Repeal. Resolution No. 2003-07 is repealed. This re lution was duly PASSED and ADOPTED this 1 day of ,200 and t kes effect signing by the MayoL ~ arbara Christensen, City Recorder I SIGNED and APPROVED this day of ,2008. -, <-<----- Mayor CITY OF ASHLAND Council Communication First Readingan Ordinance Amending the Site Design Review Chapter (18.72.030) of the Ashland Land Use Code relating to the installation of Public Art on buildings listed as contributing historic resources within an Historic District. Meeting Date: May 5, 2009 Primary Staff Contact: Brandon Goldman Department: Community Development E-Mail: goldmanb@ashland.oLus Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Benn Estimated Time: 15 minutes Questions: Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance, Site Design and Use Standards (Section 18.72.030) Concerning Public Art on Historic Structures" and move the ordinance on to second reading? Recommendations: The Planning Commission, Public Arts Commission, Historic Commission, and Staff recommended approval of the ordinance amendment as proposed, Background: Upon approval of the recent Sign Code amendments, Public Art is no longer to be subject to the provisions of the Sign Code, When Public Art is proposed to be installed on historic buildings it the proposed ordinance amendment would require such installations undergo a Site Review process with review by the Historic and Planning Commission to ensure that the historic integrity of the building is retained, On April 7t\ 2009 the City Council held'a public hearing to take comments regarding the proposed changes to Site Design Review Chapter of the Ashland Municipal Code (18.72,030) relating to the installation of Public Art on buildings listed as contributing historic resources within a Historic District. The City Council closed the Public Hearing, left the written record open to receive additional testimony, and continued deliberations to May 5th, 2009, Specifically the City Council indicated that the proposed ordinance amendments should be presented to the Public Arts Commission at their next available meetings, and that comments from their review be presented to Council in advance of final deliberations. The Public Arts Commission reviewed the proposed ordinance language on April 17t\ 2009. There was much discussion about the review process and concern was expressed that the Planning or Historic Commission could be in the position to evaluate the content. Staff explained that any comments relating to the content are not considered to be a part of the review process, but rather details relating to the size, shape, materials, and location of the proposed art would be the components evaluated as part of a Site Design review, The Public Arts Commission expressed support for the proposed amendment recognizing that the aesthetic integrity of Ashland's historic districts is in keeping with the Public Arts Commission mission,' The Historic Commission reviewed the proposed ordinance language originally at their regular meeting on March II th, and briefly discussed it again at their April 8th meeting. Supportive of the ' Page 1 of2 !FA 11 CITY OF ASHLAND ordinance amendments as proposed, the Historic Commission submitted a letter (attached) into the record on April2Znd for the City Council's consideration, Related City PoliCies: The criteria for legislative amendments to the land use or,dinance are as follows: 18.I08.170,A, It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions, A legislative amendment is a legislative act solely within the authority of the Council. Council Options: The Council may either approve the First Reading of the ordinances as proposed, or approve the First Reading of the ordinances with specific modifications, or direct Staff to make changes and bring the ordinances back for First Reading, Potential Motions: Move to approve first reading of ordinance amendments to the Site Design Review Chapter of the Ashland Municipal Code (18.72.030) relating to the installation of Public Art on buildings listed as contributing historic resources within a Historic District and schedule second reading of the Ordinance. Attachments: An Ordinance Amending,the Chapter 18.72,030 of the Ashland Municipal Code City Council Minutes: 4/21/2009 Public Arts Commission Meeting Minutes: 4/17/2009 Historic Commission Letter: 4/22/2009 Public Arts Commission Letter: 4/28/2009 Page 2 of2 !FA 11 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND (AND USE ORDINANCE, SITE DESIGN AND USE STANDARDS (SECTION 18.72.030) CONCERNING PUBLIC ART ON HISTORIC STRUCTURES Annotated to show dolotionc and additions to the code sections being modified. Deletions are bold lined through 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 the Mayor of the City of Ashland formed a Downtown Task Force to make recommendations to the Ashland Planning Commission and Ashland City Council concerning inter alia the relationship of public art to the City sign code and site design review code; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on February 10, 2009 and following deliberations recommended approval, with modifications, of the amendments to the City Council on February 24, 2009; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 7, 2009; 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 amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1, The above recitations are true and correct and are incorporated herein by this reference. Page 1 of 3 SECTION 2. Chapter 18.72,030 of the Ashland Municipal Code [SITE DESIGN REVIEW Applicability] is hereby amended to read as follows: SECTION 18.72.030 Applicability. Site design stand;3rds shall apply to all zones of the city as outlined below. A, Applicability, The following development is subject to Site Design Review: 1. Commercial. Industrial, Non-Residential and Mixed uses: a. All new structures, additions or expansions in C-1, E-1, HC and M zones. b. All new non-residential structures or additions (e,g, public buildings, schools, churches, etc.), c. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less. d. Expansion of parking lots, relocation of parking spaces on a site, or other changes which affect circulation, e, Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. f. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined b the zoning regulations of this Code, g. Any exterior change to a structure which requires 3 building permit, and is listed on the National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that reauires a buildina permit, or includes the installation of Public Art. h, Mechanical equipment not otherwise exempt from site design review per Section 18,72.030(8)., 2. Residential uses: a. Two or more residential units on a single lot. b, Construction of attached single-family housing (e,g, town homes, condominiums, row houses, etc,) in all zoning districts. c. Residential development when off-street parking or landscaping, in conjunction with an approved Performance Standards Subdivision required by ordinance and not located within the boundaries of the individual unit parcel (e.g. shared parking), d. Any exterior change to a structure whish requires 3 building permit and is individually listed on the National Register of Historic Places that reauires a buildina permit, or includes the installation of Public Art. e, Mechanical equipment not otherwise exempt from site design review per Section 18.72,030(8), ' SECTION 3. 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. Page 2 of 3 SECTION 4. Savings. Notwithstanding this amendmenUrepeal, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative, This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. r SECTION 5. 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 1, 3-4) 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 , 2009, and duly PASSED and ADOPTED this day of , 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of 3 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 7, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. EXCERPT BELOW: SECTION OF MINUTES RELATING TO SIGN CODE AMEMNDMENTS AND SITE DESIGN AND USE STANDARDS RELATING TO PUBLIC ART ON HISTORIC BUILDINGS 2. Should the Council approve first reading of ordinance amendments to the Sign Code Chapter of the Ashland Municipal Code (18.96)? Should the Council approve first reading of ordinance amendments to the Site Design Review Chapter of the Ashland Municipal Code (18.72.030) relating to the installation of Public Art on buildings listed as contributing historic resources within a Historic District? Community Development Director Bill Molnar presented the staff report, noted the work by the Downtown Task Force and the proposed changes to the Sign Code, Senior Planner Brandon Goldman provided a presentation that included: . Key Sign Code Changes 1, Area Definition 2, Public Art Exemption 3, City Informational and Directory Signs 4. Except Incidental Signs 5. Portable Signs 6, 3-D signs 7, Multi-Sided Buildings 8. Projection Distance 9, Vehicular Sign Limitations . Downtown Task Force Recommendations . Public Art . Three Dimensional Sign Provisions . Three Dimensional Sign Volumes for Downtown Commercial, Historic and Commercial Districts . Portable Sign Provisions . Multi-Sided Buildings . Images of Sign Code Success, . Sign Ordinance 1968 . Images of Rooftop Signs, Neon and Graphics Signs, Billboards, Content Neutrality Signage from the Past . Recommendations Mr. Golden noted a correction to the proposed ordinance regarding the definition of a construction sign that would strike language referring to content. He explained there was not a 3-D sign limitation in terms of location if a ground sign already exists. Three Dimensional and portable signs could be required to be 10 feet from a business, Businesses with frontage can apply for a 20 cubic foot sign or 30-foot wall sign, content is not regulated but the sign could be required to be 10 feet from the business, The Council discussed Sign Ordinance review, 3-D signs in perpetuity, and the definition of private art versus public art, Staff provided examples of signs. being phased out and suggested the Council could amend the ordinance making 3-D signs temporary, The Council could also amend the ordinance making 3-D signs permanent or use amortization for future changes, Staff explained private art was defined as not visible from the street and was not regulated under the sign code, An object was considered a sign unless it was exempt under Public Art standards with a review process approved by the Council. Staff clarified signs on the third and fourth sides of a building need to be near a door assessable to the public during business hours, Public Hearing open: 8:36 p.m. Nort Croft/599 Ashland Creek Drive/Spoke on behalf of the Railroad District Business Association and noted a letter sent to the Council on March 23, 2009 from the Association. The proposed ordinance would resolve the issues the Railroad District has had with directional signs. The Oregon Department of Transportation (ODOT) rules dictate signage on the freeway for historic sites and the City provides directional signs that steer drivers to the site, The historic Railroad District does not qualify for the ODOT historic sign because allocations for historic signs are full and the City is reluctant to provide directional signs under the current regulations. The proposed revisions to the Sign Code would resolve this issue and allow the Association to apply for directional sign permits for the Railroad District. He urged the Council's approval of the revised ordinance. George Kramer/386 North Laurel/Explained he was a member of the Downtown Task Force and was there to encourage the Council's adoption of the ordinance, He felt the intent of the sign code was to correct some anomalies and sign creep that had occurred over time and did not comply with current code. The City has one of the most complex sign codes in the State. None of the proposed changes can be construed as simplifying the code and it should be more simplified for business owners, The Task Force supported a review in two years to determine whether the proposed changes were appropriate as well as provide the opportunity to address other issues, Mr. Kramer noted the second ordinance stating Historic preservation and Public Art has been a long-term goal for the City, He commented on the difference between public art and signage as the most complicat~d section of the Planning Code and that it may not make sense, He concluded Public Art and signs are separate things that should never be mixed. Dana Bussell/Explained she was a Public Arts Commissioner and was a member of the Downtown Task Force, The Public Arts Commission supported the public art section of the sign code but thought the scale for 3-D signs outside the downtown area was too much, She briefly described the Public Art process and offered another alternative where the 20 cubic feet of one sign could be the equivalent of 20 square feet of current signage. She cautioned on the difficulty of removing approved 3-D signs once established regardless of a two year review, Regarding the Site Design Review of Public Art, she noted the Public Arts Commission supported the common interests of the Historic Commission in public art but had concerns about criteria and the means to evaluate new proposals, Brent Thompson/582 Allison StreetlThanked the previous and current Mayor and Council for appointing a task force to deal with the sign code, He reiterated Mr. Kramer's testimony on the complexity of the sign code, supported the ordinance and urged the Council to ratify the Planning Commissions recommendation, The only reservation he had was that the third side of buildings would only be allowed 50%; this was not a huge issue and could be readdressed when the sign code was revised, Staff explained the Council could allow the record to remain open in order to receive input from the Public Arts Commission regarding the Site Design Review ordinance. Councilor JacksonNoisin m/s to close the Public Hearing and leave the record open and continue the Site Design Review ordinance until the May 5, 2009 Council meeting, Roll Call Vote: Councilor Navickas, Voisin, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. Public Hearing closed for both proposed ordinances but record to remain open for Site Design Review ordinance: 8:54 p.m. Councilor NavickasNoisin m/s to approve the first reading of the ordinance amending the Ashland Land Use Ordinance Sign Code Chapter 18.96 concerning recommendations for additional signage by the 2008 Downtown Task Force and move to second reading and removing the provisions for 20 cubic foot signs outside of the Historic District. j City Attorney Richard Appicello read the title in full. DISCUSSION: Councilor Navickas thought large three-dimensional signs could result in garish signage outside of the downtown area and encouraged the Council to support the motion. Councilor Silbiger commented that "less is more" looks better and thought the 1968 City Council did a great job in creating the original sign code, The proposed changes were good recommendations but the Council might be pushing their luck with 3-D signs, Councilor Jackson supported the whole package but thought the issue of the 3-D signs would work if the location were approximate to the businesses, Councilor Lemhouse did not support the proposed motion because it appeared to creep into content. The review period would provide the opportunity to amortize and he was not anticipating large garish signs, He cautioned the Council did not want to regulate content and supported the ordinance, Councilor Jackson suggested staff bring back information that relates the size of the 3-D signs to the maximum square footage that a property was eligible to have in signage, Roll Call Vote: Councilor Navickas, Chapman, Voisin, Silbiger, YES; Councilor Jackson and Lemhouse, NO. Motion passed 4-2. DRAFT Minutes Public Art Commission April 17, 2009 Regular Meeting Attendance: Commissioners: Bussell, Edson, Markell, Wynkoop, Wilkerson, Longshore, Voisin (Council liaison, Seltzer (staff liaison) Absent: Pugh Guest: Kate Jackson (City Councilor) Chair Markell called meeting to order at 8:20 a,m. Amendment to the Site Design Review Chapter of the Ashland Municipal Code (18,72,030) related to the installation of Public Art on buildings listed as contributing resources within a Historic District. Community Development Director Bill Molnar provided an overview of the proposed amendment. The Council delayed deliberation on the proposed amendment to provide an opportunity for the PAC to review and understand the proposed changes, Molnar explained that Public Art is excluded from the new sign code ordinance, but the proposed amendment will require a land use review by both the Historic Commission and Planning Commission for proposed Public Art to be sited on a historic building. The Site Design Review document has specific criteria related to external changes to historic buildings, The primary objective of the criteria is to maintain the visual integrity of historic buildings, Criteria may include a review of proposed public art materials and the shape and size of the proposed art. The criteria does not allow for a review of the art content which is evaluated by an independent Selection Panel as provided in the Public Art ordinance. ' There was much discussion about the review and concern that the reviewing commissions will eva'luate the content. Molnar assured the group that even if individual commissioners express a personal opinion about the content, the comments are not considered to be a part of the review process, The PAC discussed the process for the review and Molnar recommended the PAC seek input from Community Development staff when drafting the RFP for proposed art on a historic building so that specific details are included that relate to materials and size and shape of the proposed art, Those are the details that will be reviewed as part of the Site Design, Pending approval, the RFP or "Call to Artists" can then be issued. Wilkerson also requested the staff liaison to the Historic Commission ftame the issue for the HC and clearly state the parameters of the Site Design criteria as it relates to public art on historic buildings, The PAC expressed support for the proposed amendment recognizing that the aesthetic integrity of Ashland's historic districts is in keeping with the PAC mission, Wilkerson will draft a letter of support of the proposed amendment to submit to the City Council: Minutes Edson/Bussel MIS approval of the March minutes with corrections, Calle Guanaiuato Bussell and Markell provided an update on the selection and installation of the sculptures on Calle Guanjuato, There was a brief discussion about marketing the pieces and the sub committee will meet to draft a marketing plan, VB Public Art proiect Edson provided a brief update on the utility box project. The deadline for submissions is May I, Edson provided a draft "Artist Agreement" for PAC review, New PAC Chair Dana Bussell will assume the duties as Chair of the Public Art; Libby Edson was elected Vice Chair. Appreciation was expressed to Melissa Markell for her leadership and guidance as chair for the past three years. Next Meeting Date Friday, May 15,20098:15 a,m, Meeting adjourned 9:35 a.m, ( .. . CITY OF ASHLAND April 22, 2009 Honorable Members of the City Council and Mayor City of Ashland 20 East Main Street Ashland, OR 97520 The Historic Commission has reviewed in depth the proposed changes to the Sign Code and wishes to extend our support for the inclusion of the amendment of the [ollowing section: SECTION 18.72.030 Applicability. g, Any exterior change to e structure which FfJlflllF85 a buildiRg 13_11, , MHlls listed on the National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that reauires a bulldlna Dermlt. Of inctudes the installation of Public Art. The primarY role of the Historic Commission is the protection of architectural and cultural resources in the city. Historic and historic contributing structures within the four nationai register districts in the city deserve the highest level of citizen review that we can provide to ensure that the stewardship ofthcsc resources is maintained. While we share in the concerns of the Public Arts Commission that public art be separated from the Sign Code and afforded special consideration~that consideration must be subject to reasonable and prudent citizen review. The Historic Commission seeks solely to maintain our ability to protect the historic resources of the districts. We do not seek to be the arbitrator ofwbat. is or is not public art. We do however, take seriously the responsibility of carefully reviewing any alteration or modification of histone or historic- contributing structures, This would include the proposed application or installation of public art projects directly to these structures. Historic structures are recognized public resources, arguably a form of public art in themselves, directly enhancing our community, its value, and its overall sense of place. Altering or otherwise changing the building by adjoining or mounting an additional piece of art to these structures has tremendous implications. If the project is not carefully reviewed, we risk the possibility of impacting the architectural features of the building aa well as actually damaging the physical structure of the building. This level of review is a recognized standard within national historic register districts, and it is our responsibility to ensure that we maintain that standard, . The Historic Conunission continues to be committed to working closely with the Public Arts Commission in partnership to ensure that they can fulfill their responsibilities to the citizens of AsWand with regard to the selection and placement of public art. We look forward to continuing in oUr ability to be strong advocates for these very public resources. Your adoption of this amendment will be of great assistance towards that end, '~ Dale Shostrom, Chainnan Ashland Historic Commission DEPT. OF COMMUNITY DEVELOPMENT 20 E, Main Street Ash~nd, Oregon 97520 ~.ashland.or.us Tel: 5414118-5305 . Fsx: 541-552.2050 TTY: 800-735-2900 ~j.' April 27, 2009 Ann J, Seltzer, Management Analyst City of Ashland 20 East Main Street Ashland, OR 97520 Dear Ann: As discussed during our April 24, 2009 meeting, the City of Ashland Public Arts Commission supports the proposed amendment to the Site Design Review Chapter of the Ashland Municipal Code (18.72.030), as it relates to the installation of Public Art on buildings listed as contributing resources within a Historic District. We understand that Public Art projects that fall under this section of the Code would be handled as a Land Use application under the city's current review procedures, We also understand that the Historic Commission's review of Public Art projects would be limited to the standards outlined in the Site Design & Use Guidelines, and that the content of the public art project would not be subject to review, We further understand that Community Development staff will work with the Public Arts Commission to identify the salient issues for further discussion and dialogue with the Historic Commission. The PAC expresses this support for the proposed amendment recognizing that the aesthetic integrity of Ashland's historic districts is in keeping with the PAC's mission. Sincerely, City of Ashland Public Arts Commission CITY OF ASHLAND Council Communication Ordinance Delegating of Authority to City Administrator: Second Reading Meeting Date: May 5, 2009 Primary Staff Contact: Richard Appicello Department: Legal E-Mail: appicelr@ashland,oLus Secondary Dept.: City Administrat Secondary Contact: Martha Bennett Approval: Martha Benn Estimated Time: 5 minutes Question: Should the City Council conduct and approve the Second Reading of an ordinance titled, "An Ordinance Amending AMC 2.28,045, Relating to Delegations of Authority to the City Administrator, Providing for Authority to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties, Amending AMC , 4,24.070 and Amending AMC 4.34.0607" Staff Recommendation: Staffrecommends Council approve the Second Reading of this ordinance. Background: On April 21, 2009 the Council approved First Reading of the ordinance with changes to remove the proposed delegation to extinguish interest s in real property.. The changes which must be read include the following: Strike from title ~o\,.mH.QRITYTO EXTll'IGUlSH CITY INTERESTS · IN.REAr:"PR()I:>ERTYLESSTH:\NFEE ""''''''':''''1 ' :TITLE,,,, Strike three Whereas clauses: "';~~~~'.S,ORS 221.725 requires a pllsliehearing when'ttieCity~guishes an interest in real , P~P~):;l!!!!! ) "'::~"f]~,~.S,QRS221. 727 allows ffilillieipalitiesto aaeptaltefFlati;(~fJroee'dHrestoORS 221.725 fer Ih~'~~J~i~fiil~i?iallal llare,e!s of real ]l.!QP~):, or elasses of real p'rEip~y in whiehthe mllnieiJlali!)~, ~y eV:HerSfll]llRterest, ana WH~REAS, the City woald like to eGtablish an altemati',~e proeedllre that allows the CitY, , [-.dministrator ~o 'iaeate or e)(tinguish interests in real flr.oP_!!!!yfoI \\'hie~ tHe City'has less tHan fee title 13wnershifl,l!!!!! Strike paragraph C. and re-letter remainder of text C through E: Page I of2 CITY OF ASHLAND C. ExtiHf;UishiHe:Interest in RealProl'lcrty. The City CellHeil hereby delee:ates itsautherityto \'aeate er clltmf:liish City iHterests in reall'lrel'lertvte t.ReCity :\dmiHistrater lmdertllJ 'fellewiHe: eirellHlstaHees:' :J) the Citvinterestseine: yaeated er extiHrWishcaislelistHaH fee title, and 2Y'.\'ithtllc'ej[eeotiaiFafORS22 r .725, 'slflleorloeallw}l,dees Het.re(lllirea~llllliEj!JfleanRc B(jf6t6't1l'~ffg6y~filijj'~ffl\'&a;{,.and 3Ytheilltet&$t'ifiWrealtlrEltlerty is net Reeessl\A;ffi'f'fjoolic'l-Ise;and '1) tlle'.\TIttenoraef'laeatifle: er eJltiHe:lIisfl.illitheifiterestin real prol'lertyisElflJ-lrd'/edl3'/tlle City Att8rRIb;;:MidtRedel'lartmeflthead that is ~ffeetedl3\' the erder! Change cross references F, Waiver ef Penalties, Penalties and interest for certain late tax payments may be waived pursuant te AMC 2,28.045.i5"&J G. Waiver ofPertalties, Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045~ Related City Policies: Ashland City Charter Article X Council Options: (1) Move to approve Second Reading of "An Ordinance Amending AMC 2,28,045, Relating to Delegations of Authority to the City Administrator, Providing for Authority to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties, Amending AMC 4,24.070 and Amending AMC 4.34.060" (2) Postpone consideration. Potential Motions: Staff: [Conduct Second} [Read Changes} Council: Motion to approve Second Reading of "an Ordinance Amending AMC 2,28.045. Relating to Delegations of Authority to the City Administrator. Providing for Authority to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties. Amending AMC 4,24,070 and Amending AMC 4,34,060" and adopt ordinance. Attachments: Proposed ordinance as revised Page 2 of2 ORDINANCE NO. AN ORDINANCE AMENDING AMC 2.28.045, RELATING TO DELEGATIONS OF AUTHORITY TO THE CITY ADMINISTRATOR, PROVIDING FOR AUTHORITY TO ENTER INTO MONTH TO MONTH LEASES OF REAL. PROPERTY, AUTHORITY TO ADMINISTRATIVELY WAIVE FOOD AND BEVERAGE AND TRANSIENT OCCUPANCY TAX PENALTIES, AMENDING AMC 4.24.070 AND AMENDING AMC 4.34.060. Annotated to show dolotiom: and additions to the code sections being modified. Deletions are bold" ....L' _L and additions are bold underlined. WHEREAS, ORS 271.360 requires leases of real property owned by municipalities , to be authorized by ordinance or order of the governing body, and WHEREAS, the City would like to delegate its authority to enter into month to month leases to the City Administrator because tenants of month to month leases change regularly, and WHEREAS, on January 6, 2009, the City Council directed that a limited. delegation of authority be given to the City Administrator to waive penalties and interest for late payments received less than three business days after the due date, under specified conditions. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference, SECTION 2. Amendment. Section 2.28,045 [City Administrator - Delegate Duties] is hereby amended to read as follows: 2.28.045 City Administrator - Delegated Duties A. Acceptance of real property, or interest therein. Except when a public hearing before the governing body is required by state or local law, the City Council hereby authorizes and delegates to the City Administrator the authority to indicate, for purposes of recording 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 conveying fee title to the City or conveying an.l1 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 substantially the following form: CITY ACCEPTANCE (ORS 93.808): City Administrator Delegated Duties Ordinance Page 1 of 5 CITY OF ASHLAND. Grantee By: City Administrator City of Ashland, Oregon STATE OF OREGON)' ,20 ) ss. Jackson County) The foregoing instrument was acknowledged before me this day of 20_ , by as City Administrator of the City of Ashland. Notary Public for Oregon My commission expires: B, Renewal of intergovernmental agreements. The City Council hereby delegates its authority to renew intergovernmental agreements to the City Administrator when: 1) state or local law does not require a public hearing before the governing body.., and 2) the terms of the intergovernmental agreement will remain the same, or be modified in accordance with the agreement, and 3) the renewal is approved by the City Attorney and the department head that is affected by the renewal. C. Execute Real Propertv Leases. The Citv Council herebv deleaates its authority to enter into month to month leases of real property to the City Administrator, includina but not limited to airport hanaar leases, provided the written order enterina into the lease of real property is approved by the City Attorney and the department head that is affected by the order. The City Council retains its authority to enter into all other real property leases of any duration. D. Waiver of Penalties and Interest for Late Tax Payments. The City Council hereby deleqates its authority to waive penalties and interest for certain late tax payments to the City Administrator under only the followina circumstances: City Administrator Delegated Duties Ordinance Page 2 of 5 1) the waiver of penalties and interest concerns either a tax owed under AMC 4.24 [Transient Occupancy tax] or under AMC 4.34 [Food and Beveraae taxI. and 2) the operator submits a report that is complete and paid in full no more than seventy-two (72) hours or three work days delinauent. whichever is lonaer. and 3) the operator has reported and paid all monieslincludina food and beveraae and transient occupancy tax) due to the City on or before the due date for each reportina period for the each of the prior twenty-four (24) consecutive months or eiaht (8) consecutive auarters. and 4) the operator has not been the subiect of a Food and Beveraae tax or Transient Occupancy tax audit where the City found the operator's record keepina. reportina or remittina deficient. durina the prior twenty- four (24) consecutive months or eiaht (8) consecutive auarters, and 5) the written order arantina the waiver is approved by the City Attorney and the department head that is affected by the order. c.,5. The City Administrator shall biannually report to the City Council on the matters executed pursuant to this Chapter. SECTION 3. Amendment. Section 4.24,070 [Penalties and Interest] is hereby amended to read as follows: 4.24.070 Penalties and Interest A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent (10%) of the amount of the tax, in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten (10%) percent of the amount of the tax in addition to the amount of the tax and the ten (10%) percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25%) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs (A) and (B) of this section, D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one City Administrator Delegated Duties Ordinance Page 3 of 5 percent (1 %) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid, E, Penalties Merged with Tax, Every p~nalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045.0 SECTION 4. Amendment. Section 4.34,060 [Penalties and Interest] is hereby amended to read as follows: , 4.34.060 Penalties and interest A. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B, Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed, C, If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. 0, In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E, Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. (Revised June 1993) F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A, Band C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. ' City Administrator Delegated Duties Ordinance Page 4 of 5 G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045 D SECTION 5. 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 6. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or ' commenced during the times said ordinance(s) or portions thereof were operative, This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 7. 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 1,5-7) 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 , 2009, and duly PASSED and ADOPTED this day of , 2009. ~, Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney City Administrator Delegated Duties Ordinance Page 5 of 5 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Amending Chapter 13: Part 1 May 5,2009 Primary Staff Contact: Richard Appicello Legal E-Mail: appicelr@ashland.or.us Public Works Secondary Contact: Mike Faught Martha Senn Estimated Time: 15 minutes Question: Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or Loan of functional Items." and move the ordinance on to Second Reading? Staff Recommendation: Staffrecommends Council approve the First Reading of this ordinance, Background: , The 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the attached Task Force Summary Report. Included in the report was concern for a more consistent encroachment permit process and the establishment of standards for placement of functional objects in the right-of-way.(e.g, planter boxes, benches, trash cans, etc) with allowance for private placement of such public use items. This Ordinance [Part I] concerns only the establishment of standard forms for licenses, concessions, ; permits and franchises for occupancy or encroachment in the right of way. Only the City is entirely exempted from the permit requirement for placement of structures in the right of way, including placement of functional items, An allowance is provided to permit donation [or loan to the City] ofa city functional item (similar to the public art process but not quite) provided it is in fact compliant with the city standard (adopted by resolution) for such item, Related City Policies: Ashland City Charter Article X Council Options: (I) Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or Loan of functional Items" and move the ordinance on to Second Reading (2) Postpone consideration, Potential Motions: Staff: [Conduct First Reading] Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-ofway Regulation and Providing for Donation or Loan offimctional Items" and move the ordinance on to Second Reading. Attachments: Proposed ordinance Page 1 of 1 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 13 TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS Annotated to show deletions and additions to the code sections being modi fied. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv 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. Citv of Beaverton v, International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, (1975); and WHEREAS, the 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern, inter alia, more equitable allowance for use of the public right-of-way for private commercial use, a more consistent encroachment permit process, including standards for placement of functional objects (planter boxes, benches, trash cans, etc - with allowance for private placement of such public use items), control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtown; and WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of City right-of-way to provide for standard forms and to make allowance for donation or loan of functional items; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The}ecitals set forth above are true and correct and are incorporated herein by this reference, SECTION 2. AMC Section 13,02,040 is hereby amended to read as follows: 13.02.040 Permission Required A. Prohibition. Except as provided in AMC 13.02.040.C. , no No person or entity may occupy or encroach on a public right-of-way withci'ut the permission of the city, The city Page 1 of3 grants permission to use rights-of-way, includinl! but not limited to streets and sidewalks, by fr,!nchises, licenses, concessions and permits. B. Standard forms. Franchises, licenses, concessions and permits for use of ril!ht-of- way, includinl! but not limited to streets and sidewalks shall comply with all applicable requirements for occupancy or encroachment of such areas as set forth in Chapter 13.03 and other applicable provisions of the Ashland Municipal Code. Franchises, licenses concessions and permits shall be submitted on a City standard form franchise, license, concession, or permit template, tOl!ether with required fees, if any. Such standard form templates and fees may be adopted and amended by the City Council bv Resolution. C. City Functional Items. The City of Ashland is not required to obtain permits or other City authorizations to place City utilities, facilities or other structures, in the ril!ht-of -way, includinl! "functional items" intended for public usal!e. Citv functional items include, but are not limited to, a City standard bench, water fountain, planter box, l!arbal!e receptacle, ash can, bike rack, bollard, publication box. or other functional items identified by Resolution of the City Council. The City Council Resolution shall identify functional items and establish minimum standards for such items. D. Donated or loaned functional items. An abuttinl! property owner tOl!ether with the occupant may donate or loan to the City of Ashland a Citv standard functional item for use in an adiacent sidewalk permit area. Other persons or entities may also donate or loan functional items. for use in non-adiacent public areas. Items accepted on loan require insurance and a maintenance / hold harmless / indemnity al!reement in the standard approved form. Donated items do not require insurance or a maintenance al!reement but the donations must be accepted bv the City to be elil!ible for placement. The City Administrator is delel!ated authority to accept donations for purposes of this Chapter. No fees or charl!es are required for donated or loaned items. After demonstrated compliance with this section, the City Public Works Director may authorize in writinl! the placement of a donated or loaned city standard functional item. in locations meetinl!, at a minimum. the six foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usal!e Map. Items not strictly complvinl! with minimum standards for such City functional items. (e.l!. - a decorative art bench) may be permitted throul!h the public art process in AMC Chapter 2.17. E. Penaltv. Knowinl!lv occupvinl! or encroachinl! upon a public ril!ht-of-way without the permission of the City shall be considered a Class C misdemeanor offense, subiect to the limitations of AMC 1.08. Violation of any code requirement, al!reement, permit, license, or provision thereof, includinl! any term, standard. requirement, or condition shall be considered Class A violation punishable as provided in AMC 1.08. Page 2 of3 SECTION 3. 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 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. 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 I, 3-5) 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 ,2009 and duly PASSED and ADOPTED this _ day of ,2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this --.:... day of ,2009 John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of3 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Amending Chapter 13: Part 2 May 5,2009 Primary Staff Contact: Richard Appicello Legal E-Mail: appicelr@ashland.or.us Public Works Secondary Contact: Mike Faught Martha Benne Estimated Time: 30 minutes Question: Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the AMC Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance. Background: The 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the attached Task Force Summary Report. Included in the report was concern for more equitable allowance for use of the public right of way for private commercial use, as well as better control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtown. This Ordinance [Part 2] concerns the more difficult issues presented in the Downtown Task Force Report. This Ordinance includes the repeal of Sidewalk Dining Ordinance and replaces it with a more generic allowance for use of sidewalk permit areas consistent with zoning. This generic allowance for use of the sidewalk is to provide a more equitable allowance for use as requested by the Task Force. Sidewalk usage remains extremely limited. Sidewalk usage is permitted only in C-I-D (Commercial Downtown), C-I (Commercial), or E-I (Employment) Districts. The prior standards for sidewalk dining are expanded upon and made more generic. A map [Downtown Sidewalk Usage Map] will be adopted by Resolution of the Council in order to identify usable areas and allow some reduction of the Code mandated six foot (6') clearance requirement. News racks are identified as City functional items - publication boxes. The City indicates its intention to provide City standard publication boxes to facilitate free speech and maintain aesthetics. Allowance is also made to permit private boxes in the right of-way, provided they meet a minimum construction standard. Because the provision of City-owned boxes will not be immediate, interim regulations are applicable. Related City Policies: Ashland City Charter Article X Council Options: (I) Move to approve First Reading of "An Ordinance Amending the AMC Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading. (2) Postpone consideration. Page 1 of2 CITY OF ASHLAND Potential Motions: Staff: [Condllct First Reading) Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending the AMC Chapter 13 adding Uniform Sidewalk Regula/ions and Repealing AMC 6.44" and move the ordinance on /0 Second Reading. Attachments: Proposed ordinance & repealed Chapter 6.44 Page 2 of2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM SIDEW ALK REGULATIONS AND REPEALING AMC 6.44 Annotated to show deletiofls and additions to the code sections being modified. Deletions are bold Iinell through and additions are in bold underline. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and comqton 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. Citv of Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton ShOD. 20 Or. App. 293, (1975); and WHEREAS, the 2008 Downtown Task Force made several recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the Task Force Summary Report which concern, inter alia, more equitable allowance for use of the public right of way for private commercial use, a more consistent encroachment permit process, including standards for placement of functional objects (planter boxes, benches, trash cans, etc - with allowance for private placement of such public use items), control over the placement and maintenance of miscellaneous publication racks and news-racks within the downtown;.and WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of City right-of-way and sidewalks to implement some of the recommendations of the 2008 Downtown Task Force; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed. SECTION 3. A new Chapter AMC 13.03 is hereby added to read as follows: 13.03 Sidewalk Re2ulation Page 1 of 10 13.03.010 Purpose The Durpose and intent of this chapter is to protect and promote a safe environment within the public rights-of way of the Citv of Ashland. specificallY on City sidewalks. The placement of obiects on the public right of way requires adequate regulation to ensure its . primary purposes, which include: Uninhibited pedestrian access on sidewalks Access entering and exiting vehicles parked in the right of way Maintenance of utilities within the ril!ht ofwav Emerl!encv service access to persons both within the ril!ht of wav and on private propertv. It is also the intent of this chapter to recol!nize the importance of the aesthetic Qualitv of the public rights ofwav bv providinl! minimum standards to maintain a positive visual streetscape for the Citv of Ashland that promotes the en iovable use of the ril!ht of way for all of its intended and lel!al purposes. This is achieved throul!h the following: Materials and Construction Standards Maintenance and Safety Standards Placement. Clearance and Spacinl! Requirements Procedures for Abatement / Removal Penalties 13.03.020 Definitions A. Abuttinl! property owners and occupants. Any owner or occupant of property which abuts the subiect adiacent sidewalk permit area. B. Adiacent sidewalk area. That portion of the public sidewalk between the curb line and the property line demarcated by extendinl! the side building lines of the premises until they intersect the curb. C. Downtown Sidewalk Usal!e MaD (DSUM). A detailed map of the Ashland Downtown District adopted by Resolution of the Ashland City Council. The DSUM l!raphically demonstratinl! the sidewalk areas available for OCCUDancv or encroachment under this Ordinance. D. Sidewalk Permit Area. That area of a Citv public sidewalk beinl! lawfullv utilized by a person or entitv pursuant to a permit or al!reement with the Citv of Ashland. Lawful use for purposes of this Chapter means compliance with all applicable Federal, State. and local laws and rel!ulations. including but not limited to full payment of fees. rates and charges. if !!!.Y, 13.03.025 Limited Applicability to Designated Zones. Permits and al!reements for occupancv or encroachment of the sidewalk permit area are available onlv if the property Page 2 of 10 is located in one of the followinl! zoninl! districts: C-1-D (Commercial Downtown). C-I (Commercial). or E-1 (Employment). Only lawful use is permitted. Lawful use means uses and activities consistent with and in compliance with all other applicable laws. includinl! City land use regulations and controls. and all other applicable Federal. State. Countv aud City regulations. All other sidewalks outside the above desil!nated zones are not available for sidewalk usal!e by permit or concession. other than exempt activities and uses. (functional itemsl. or interim uses specifically provided for herein. 13.03.030 Exempt Activities: City Seasonal Event usage Notwithstanding anv provision to the contrarv in this Ordinance. the City Council may. at its discretion and upon such conditions as it deems appropriate. grant permission to adiacent owners and occupants. by special permit for free use of the sidewalk permit areas in the commercial zones of the City for desil!nated seasonal events. Such Seasonal Event permits shall be initially limited to three days for the Memorial Day weekend and three days for Labor Day weekend and shall require a Sponsor to provide insurance. The City Administrator is delel!ated authority to l!rant permits for the above-referenced three-day events. The Council may be Resolution establish additional seasonal event days and may also establish standard forms with terms and conditions for participation in such events. 13.03.035 Interim Rel!ulations for Publication Boxes (News-racks and Publication Racks). The City intends to provide standard publication boxes as City functional items (See AMC 13.02.040.C & Dl for use bv individuals and entities desirinl! to distribute written materials. regardless whether such publications are offered for free or for a charge. Said publication boxes to be provided by the city shall be located on sidewalks or other public areas in desil!nated locations meetinl! placement. clearance and separation standards or as otherwise designated on the adopted Downtown Sidewalk Usage Map. Citv standard publication boxes will at first supplement and later replace privately owned boxes meeting minimum dimensional standards at approved public locations. Until City placement of such City standard publication boxes (anticipated to take a number of yearsl interim rel!ulations and controls on existing publication boxes (inclusive of news-racks. boxes aud other publication racks) shall applv. Unless compliance is exempted. Interim Rel!ulations require compliance with all applicable provisions of AMC 13.03. all special regulations noted therein. and standard forms adopted pursuant to AMC 13.02. No fees or charl!es shall apply to publication boxes under the interim rel!ulations. Privately owned publication boxes will continue to be permitted on private propertv. with the permission of the owner. provided they do not interfere with inl!ress and el!ress pursuant to Buildinl! and Fire Codes. 13.03.040 Application. Permit Fees and Rates The form of the application for occupancy or encroachment on sidewalks shall be established by Resolution of the Council. The application fees and square footage rates or gross sales rates. if anv. shall also be established bv resolution of the City Council. The Resolution approvinl! such fees and rates shall provide for the annual adjustment of fees Page 3 of 10 and rates bv the CPI for the previous calendar year. without the need to formally amend the resolution. Notwithstandinl! the above the City Administrator mav establish separate applications for exempted or limited activities or interim rel!ulations or waive the application requirement for specified occupancies by written Order. . 13.03.050 Permit Application A. Application for an annual permit or al!reement to OCCUpy or encroach on sidewalk for any purpose. inclusive of commercial activity [e.l!. sidewalk diningl. shall be made at the . Public Works Department on an approved application form tOl!ether with the required fees and charl!es. The application for permit or agreement shall minimally contain: (1) A completed application form. sil!ned by the abutting property owner and occupant; and. (2) A submittal in full of the rental rate equal to the annual (12 month) rental rate for the square footal!e of the adiacent sidewalk permit area requested: and. (3) A scale dial!ram of the sidewalk permit area. with dimensions and the location and description of all structures. materials and activities shown; and (4) An executed standard form release. hold harmless. and Indemnity al!reement. as well as certificates of insurance and endorsement form. (5)Other information shall be provided as required by the Public Works Director to carry out the purpose of this chapter. . The Public Works Director shall forward all applications for review to the Fire Marshall. Buildinl! Official and the Director of the Community Development Department. Reviewing Departments shall provide input as to conflicts with Citv codes. includinl! but not limited to Buildinl!. Fire and Land Use Codes. If the proposed use is not in compliance with zoninl! and land use regulations and approvals the use shall be denied. 13.03.060 Criteria A. The Public Works Director shall review the application for its strict compliance with the mandatory criteria listed below. There are no variances or exceptions to the criteria of this ordinance. 1. Location Within a Permitted Zone. Permits and al!reements for occupancv or use of the sidewalk permit area are available only if the property is located in one of the following , zoninl! districts: C-1-D (Commercial Downtown). C-1 (Commercial). or E-I (Employment). 2. Use of Buildinl! Occupant. A sidewalk permit area may be approved only for use of the adjacent occupant. with the consent of the property owner. if different. 3. Six Foot Clearance Except as specified on the Downtown Sidewalk Usal!e Map. and consistent with AMC 10.64.010. there shall be at least six (6) feet clear and unobstructed passageway between the sidewalk permit area boundary and any City owned or controlled fixtures or structures. includinl! but not limited to benches. barriers. street trees. bike racks. lamp posts. sign posts. or the curb edge. whichever is closest. The Public Works Director may require more than six feet if necessarv to accommodate pedestrian movement and ADA access. Page 4 of to 4. Other Placement Standards. Except as specified on the Downtown Sidewalk Usage Map. neither the sidewalk permit area itself. nor any obiect located therein shall be placed. installed. used or maintained: a) Within six feet (6')of the outer edge of any roadway. b) Within ten feet (1 O')of any crosswalk c) Within six feet (6') of any fire hydrant or other emergency facility d) Within ten feet (10') of any driveway or alley entrance/exit e) In the public right of way within any un-authorized zoning district. including all residential zoning districts o Within 3 feet (3') from either end of approved bicycle parking U-racks g) Within the footprint of any bus stop areas. h) Within fifteen feet of an intersection. Notwithstandinl! the above. certain functional items [e.l!. publication boxes] may be located within 24 inches of the roadway edge/ curb face. 5. Materials and construction standards. All temporary structures or obiect (including furnishinl!s such as tables and chairs). placed in the sidewalk permit area shall be of a weatherproof and sturdy construction. (i.e. solid wood. iron. non-corrosive metal cement. or similar material). Plastic is prohibited as suitable material for structures and furnishinl!s as are materials which stain or damal!e the sidewalk. Said items shall comply fullv with all applicable regulations. including buildinl! codes. land use ordinances and Resolutions of the city. The City Council may adopt by Resolution material and construction standards. [including typicalsl. for public furnishings placed in the sidewalk permit area. 6. Maintenance and installation standards. Any item placed. installed or maintained within the sidewalk permit area shall be subiect to the followinl! maintenance standards: a) No object shall be chained. bolted. or otherwise attached to any fixture. tree or city functional item located in the public right of way. nor shall anv obiect be attached to the surface of the ril!ht of wav. b) Objects shall be desil!ned and constructed to be movable by one person and where practical. wheels shall be attached or attachable to allow for ease of movement. c) Obiects placed in a sidewalk permit area shall not be used to violate any other applicable code. includinl! provisions and limitations on signal!e. d) Obiects. such as furnishings. placed in the sidewalk permit area shall have information affixed to the exterior of the obiect including the name and address of the owner and the name of the establishment with which the obiect is associated includinl! an emergency contact number. e) Obiects occupyinl! the sidewalk permit area shall be maintained in a clean and orderly condition and in good repair at all times. This includes but is not limited to Page 5 of 10 maintaininl! a condition which is reasonably free of'dirt. rust and grease. The item is reasonably free of chipped. faded. peelinl! or cracked paint. All structural and/or movinl! parts are in workinl! order and pose no safetv hazard to the public. Any l!lass or plastic (such as display windows) are unbroken and reasonablv free of cracks. dents. blemishes and discoloration. f) Objects must maintain a weather proof or weather resistant Quality. g) Obiects shall be designed to be stable and self supportinl! under a wind load of at least 20 pounds per square foot without attachment to the pavement or any other obiect 7. Illegal structures or usal!e. No sidewalk permit area will be approved if the permit area or six foot clearance area adiacent to the permit area contains structures. fixtures. obstructions or materials which have been iIIel!allv placed or affixed to or in the City ril!ht- of-way. For purposes of this ordinance Illegal structure or usage includes not only items placed or activities conducted without a permit but also items or activities which were initially placed or conducted lawfully but for which the owner/operator has failed to maintain current payment to the City. 8. Minimum Square Footal!e. The sidewalk permit area is a minimum of fifty (50) square feet or as otherwise desil!nated on the Downtown Sidewalk Usage Map. This provision does not apply to interim rel!ulations for publication boxes. 9. Minimum Duration. The minimum duration of the permit is yearly (twelve months. whether or not the entire year is available for use). This provision does not apply to interim rel!ulations for publication boxes. 10. Arrearages to the Citv or Pending City Violations. No sidewalk permit area will be approved for one year after a person or entitv applying for the permit has been found in violation or is currently subject to an active violation proceedings for violation of the City of Ashland Municipal Code concerninl! or relating to the activity to be conducted in the permit area. This includes but is not limited to actions for failure to maintain business license. arrearages of other delinquency in food and beveral!e tax receipts. transient occupancv taxes or unpaid balances under the prior sidewalk dininl! ordinance. 11. Alcoholic beveral!es. The Public Works Director shall forward all applications for review by the Citv Recorder for any proposed use which involves alcoholic beveral!es. Written approval of the desil!nated City official in accordance with City ordinances is required for any such proposed use. in addition to state rel!ulatorv requirements. 12. Liability Release. Indemnity. Hold Harmless. and Insurance. No sidewalk permit area will be approved without an executed release al!reement and insurance certificates as required by AMC 13.03.070. 13.03.070 Liability Release. Indemnity. Hold Harmless Agreement and Insurance Page 6 of 10 Prior to the issuance of permit. Permittee shall:' A. Furnish a sil!ned Release. Hold Harmless and Indemnitv agreement. in the City standard form. that the permittee shall release and hold the City of Ashland harmless. as well as defend. indemnify and hold harmless the City. its officers and employees. from any and all claims for damal!es to property or iniurv to persons which may occur in connection with an activity carried on under the terms of the permit. The agreement shall also release the City from anv and all liability to the Permittee. B. Furnish and maintain such personal iniurv. property damal!e and general liability insurance as will protect permittee and City from all claims for damage to property or bodily iniury;'including death. which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of municipal tort Iiabilitv under the Oregon Tort Claims Act. Such insurance shall be without preiudice to coverage otherwise existing. and shall name the City. its officers and employees. as additional insureds. and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the permit without 30 davs written notice to the City. C. For functional items and items subiect to interim rel!ulations. the standard al!reement lanl!ual!e may be incorporated into standard applications and//or permits forms and insurance requirements to add the city as additional insured shall be deemed waived. 13.03.080 Conditions of Permit A. Requirements for all sidewalk permit areas: 1. Each permit issued shall terminate December 31st of the year in which it is issued. or earlier as specified on the face of the permit. Requests for renewals shall be filed with the Public Works Department prior to the expiration of the original permit. Renewals filed prior to expiration require a deposit of only six (6) months rental rate. unless the applicant has previously been in arrears in which case the deposit shall be the full annual rental rate. The Public Works Director mav approve. approve with additional conditions. or den v the request for renewal. Unless fees are waived for the type of request. no application shall be accepted for renewal without a renewal application fee. as specified on the City Council Fee resolution. 2. The permit issued shall be personal to the permittee only and is not transferable in any manner. 3. The permit may be temporarilv suspended bv the Public Works Director in the event of an emerl!ency as provided in AMC 2.62 or upon approximately forty-eight hours advance notice if the public interest requires use of the right-of-way or sidewalk permit area for a public event. construction. repair. or any other purpose. The City will attempt to provide notice of said suspension as soon as practical. The City shall not be responsible for any loss or damal!e claimed by the permittee for such closure. except that permittee Page 7 of 10 shall be entitled to a refund of the rental rate based on a pro rated calculation of rates based on days of c10su reo 4. The permit is specificallY limited to the area approved or as modified by the Public Works Director. and will include a diagram indicatinl! the area approved and the location of the materials permitted to be in the ril!ht-of-way. 5. Only those things authorized by the permit and shown on the dial!ram may be placed in the sidewalk permit area. Should the permittee not utilize the sidewalk permit area as authorized for a period of seventy-two (72) hours or more. all the materials shall be removed. 6. All required federal. state. and local permits and authorizations for the proposed use. (e.g. food service OLCCI hall be obtained and complied with prior to the occupancy. includinl! specifically any access modifications or parking improvements required to be completed prior to the commencement of the occupancy. 7. Issuance of this permit does not authorize violation of any federal. state or local law. includinl! City sil!n regulations. 8. Smoking shall not be allowed in any sidewalk permit area.. 9. Sidewalk permit areas must be supervised by permittee or its emplovees. except for function items or items subiect to temporary rel!ulations. Ibut see specialrel!ulationsl 10. The permit authorizing use of the sidewalk permit area must be visiblv displayed durinl! occupancy of the permit area. 11. The City of Ashland has the right to repeal or amend this Chapter and thereby terminate or modify all private sidewalk usage or operations. No permittee shall obtain any property ril!ht in the continued private use of the public sidewalk. 13.03.090 Denial. Revocation. or Suspension of Permit A. The Public Works Director may deny. revoke. or suspend the permit upon finding that anv provision of this chapter or condition of approval has been violated. The permit or al!reement shall be suspended if the rental rate is not fully paid within three workinl! days of the due date or if the Permittee fails to maintain required insurance. B. The Public Works Director shalll!ive notice of denial. revocation. or suspension to the applicant or permittee in writing statinl! the action which has been taken and the reason therefor. The action shall be effective immediately for a denial and upon the expiration of the appeal period 110 daysl for a suspension or revocation. Appeals shall be processed as provided in AMC 2:30. If an appeal of a suspension or revocation is properly filed. the suspension or revocation shall be stayed until resolution of the appeal. Upon hearinl! the matter. the City Administrator shall render a final written decision. Page 8 of 10 13.03.100 Interim Special Reguiations for Publication Boxes. In addition to all other applicable criteria. standards and requirements in AMC 13.02 and 13.03. the following special regulations for publication boxes are imposed. A. Unless otherwise designate on the Downtown Sidewalk Usage Map. anv publication box placed in whole or partially within the ril!ht of way shall be located in l!roupinl!s with a linear dimension of no l!reater than twelve feet. Publication boxes shall be placed immediatelv abutting other publication boxes within the approved l!rouping location. A publication box l!rouping shall be placed a minimum of 200 feet from the closest existing groupinl! on the same side of the street. All publication boxes shall be 24 inches off the curb face to minimize conflicts between vehicle doors opening into the sidewalk. B. Unless otherwise desil!nated in' the Resolution establishing standards for functional items. no individual publication box shall exceed five feet in heil!ht. thirty inches in width or two feet in thickness unless specifically approved by the Public Works Director for publication boxes that serve multiple publications/vendors/distributors. C. Publication boxes shall contain a system to prevent contents from spilling out of the container such as c1aspinl! door systems. sprinl! loaded auto closing doors. etc. D. Each publication box shall be designed. installed and maintained to protect the contents from weather related hazards such as wind. rain. snow. etc E. Each publication box shall display only its contents in a clear l!lass or plastic window. F. In the event a publication box remains empty of its contents and unused by its owner for a period of more than 30 consecutive days. the publication box shall be deemed abandoned and is subiect suspension or revocation or summary abatement as outlined herein. 13.03.110 Penalties A. KnowineJv occupyinl! or encroachinl! upon a public ril!ht-of-way without the permission of the City shall be considered a Class C misdemeanor offense. subiect to the limitations of AMC 1.08. B. Any violation of the requirements of this chapter. not addressed in A above. shall be a Class A violation as defined by AMC 1.08 and punishable as set forth in that section. C. The City Administrator or desil!nee is authorized to issue a citation to any person violating the provisions of this chapter. Issuance of a citation shall tril!ger revocation of the permit or agreement under Section 13.03.100 and in the event of conviction. no permit shall be issued to the same person. entitv or address. for a period of at least two years. Page 9 of 10 13.03.115 Summary Abatement. If the condition of any item tin the City ril!ht of way. including any street or sidewalk is such that it creates a risk-of serious iniury to the persons or propertv. the Public Works Director is authorized to pursue summary abatement in accordance with Chapter 1.08 and to charl!e al!ainst the responsible owner/operator the full costs of such abatement. SECTION 4. 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 5. Savings, Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative, This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions coinmenced and continued under the laws in effect at the time the matters were originally filed, SECTION 6. 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-lettered, provided however that any Whereas clauses and boilerplate provisions (i,e. Sections I, 4-6) 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 ,2009 and duly PASSED and ADOPTED 1his _ day of .2009, Barbara M, Christensen, City Recorder SIGNED and APPROVED this _ day of .2009 Reviewed as to form: John Stromberg, Mayor Richard Appicello, City Attorney Page 10 of 10 National League of Cities, Green Cities Conference Portland Oregon April 18-21, 2009 Metro Convention Center SUMMARY AND TAKE AWAY IDEAS The integration of sustainability concepts into planning and city operations is widespread across the country, Several recent books provide reference materials, The City of Portland with its merging of the Planning and Sustainability Bureaus (departments) manages an extensive website with hundreds of reports, concepts, plans and action measures, The U,S, Green Building Council and American Institute of Architects are adding to the LEED certification program with LEED-Neighborhood Development this summer, 2009, ICLEI has an existing product for estimating local government and community carbon emissions, called Local Government Operations Protocol, in wide use across the country, The product uses electricity consumption and vehicle miles traveled to give a broad analysis of sources of emissions, http://www.icleiusa.org/programs/climate/ghg-protocol ICLEI is coordinating the consensus development of a new tool, STAR Community Index, for use in developing community (broader than just a city government's operations) sustainability plans, rollout 2010, http://www,icleiusa,org/star The software program, iTree, is available free from the U,S, Forest Service and estimates the values of urban forests for a community, www,itreetools,orQ, www,fsJed,us/ucf The City of Portland Bureau of Environmental Services and Bureau of Transportation have many 'green' programs underway from which we could borrow design standards and experience evaluations, See reports on two field trips below, Local food sourcing makes sense for citizen health, business growth, and energy conservation, A plan will need to encompass a relatively large area in order to feed the entire population of an urban community, See Berkeley CA energy descent plan for a discussion, Coordination of transportation and land use planning at the metropolitan and/or regional scale is a nationwide trend, See first workshop, Monday April 20, In the interest of saving paper, a paper copy is with the conference materials in the mayor's office: it is 7 pages and lists the people who spoke and what they spoke about. Links are provided, I expect to receive a memory stick in the mail with all the presentation materials shortly, The field trips are documented in more detail because there are no pp, NLC Green Cities Conference Report Provided by Kate Jackson April 29, 2009 Page 2 of 8 Detailed Report by Kate Jackson Signed in 5 p,m, Saturday April 18, Materials include conference guide, memory stick (to be mailed), and zippered briefcase made from recycled plastic bottles by EcoSmart, I purchased three books: In Defense of Food by Michael Pollan, Who's Your City? By Richard Florida and Toward Sustainable Cities by Mark Roseland, Also ordered Douglas Farr's book "Sustainable Urbanism: Urban Design with Nature" from amazon,com because Powell's at the conference ran out of copies, Video of conference can be purchased from: nlctv,org Exhibit Hall: about 60 vendors, materials I collected will be in a folder with the conference program in the mayor's office, Carbon offsets for the conference were achieved by purchasing two biodigesters to install at Idaho dairy farms, Mobile tours. Sunday April 19, Mornina tour: Ecosystem Restoration of Stephens Creek Host: Bureau of Environmental Services (Public Works) Ann Nelson, Casey Cunningham, Tom Lipton, Jennifer Goodridge The City has done two major restoration projects on Stephens Creek, At its confluence with the Willamette, a segment of unneeded Big Pipe was removed, the banks restored and much planting done, with major collaborative input from a group of houseboats residents moored just offshore from the spot. Photos available, I'll post them online and provide a link upon request. City website located at: http://www.portlandonline.com/bes/index.cfm?c=46964&a=192593 At the upstream end of the creek, a private-public project evolved from the fact that the City owned a wetland, a section of street and a parking lot were superfluous and a developer bought an old property and wanted to redevelop the site, Lots of buried stream channel was brought to the surface and 'daylighted', A segment of street was removed and replaced with a surface storm water treatment system that treats runoff from a number of paved business lots on a nearby boulevard, The City's wetland is an open space between existing homes, an apartment complex and a new housing development. The new housing development includes' senior affordable housing, as well as market rate townhouses and condos, The landscaping within the housing project incorporates the newly daylighted stream segment. The new curb, gutter and sidewalks on two sides of the development are 'green streets': curb cuts bring stormwater in to the parkrow, which is planted with grasses and other low plants that filter the runoff before discharge to Stephens Creek, Also the roof runoff from the new buildings drains into a series of stepped basins that water the landscaping before flowing into the storm drain system, More information about both projects should be at the city website. Look up Headwaters Apartments on Tryon Creek: I've not had much luck yet, sorry, The BES also encourages and supervises the installation of ecoroofs, green roofs, Green Streets: http://www.portlandonline.com/bes/index.cfm?c=44407 2005 Watershed Health Plan: http://www.portlandonline.com/bes/index.cfm?c=38965 Afternoon tour. Bureau of Transportation. Maintenance Operations, Sunderland Recvclinq Facility Host: Jill Jacobsen, Program Manager http://www.portlandonline.com/transportation/index. cfm?c=35730 The City Transportation Department bought a farm in 1996 to establish the recycling facility, The budget comes from 'saved cost': it costs $1,5 million to operate the facility, but offsets $3,2 million in saved costs for materials that need not be purchased commercially, Portland Street Maintenance operates the facility to recycle waste concrete and asphalt, sift 'street sand' for reuse in ice management, and composts leaves collected from streets and from drop-off depots, The construction wastes are crushed to 1 inch size and re-used as part of new asphalt mix, up to 20% of the mix, 'Street sand' is crushed basalt used in place of part of the ice melting chemicals in the winter: the sand is picked up after the ice melts and is sifted and stockpiled for reuse as street sand, The Department has an extensive program of leaf pickup in the fall from City streets, The City also operates depots where property owners can drop off yard leaves, The facility composts the leaves over about 8 months, The finished compost is used throughout the city's own landscape maintenance activities, Some commercial landscape firms buy the compost at $16 per yard, Runoff from the composting requires sewer treatment due to high nutrient content. Runoff from the crushing operation is discharged to a Columbia slough side channel after running through a bioswale and settling pond, The City has a NPDES permit for that discharge, Only the leaf sweepings are composted, Street sweeper sweepings contain too much junk and gravel. Storm drain cleanout is also too silty and contaminated to compost. The homeless camp, Dignity Village, is located on the facility site. General session openinq Sunday afternoon at 3:30 Sam Adams, Mayor, welcome, Speaker: Doug Farr, LEED architect, Farr Associates, Chicago. Book: Sustainable NLC Green Cities Conference Report Provided by Kate Jackson April 29, 2009 Page 4 of 8 Urbanism: Urban Desiqn with Nature, Mayor Adams welcomed more than 700 attendees from 49 states, D,C, and nearly 300 cities to Portland for a weekend of warm sunny weather. He announced the release for public comment of a draft revised Climate Action Plan, which is notable for adding food security as a component. Portland also has received a U,S, Department of Energy award as a Solar America City. Mr. Farr spoke to the subject of integrating sustainability concepts into urban planning, An open space or park becomes stormwater management and geothermal heating-cooling system as well. Not just large cities can benefit from sustainable planning. He described several projects in Chicago, but focused on a project in Normal Illinois, Normal's 10-acre downtown was redeveloped in 2000 to LEED standards, with a set of mixed use commercial residential buildings, stormwater treated in two concentric circles throughout a park system, and rain water stored underground in an abandoned cistern, The project was a three-way partnership between the city, a not-for-profit, and a private developer. He also described BedZED, a zero net energy housing project in South London, England, He notes that building design can account for 63% of energy savings in buildings and that the remaining 37% requires behavior, or conduct, changes, Farr stressed that both our road designs and our built environment standards must change to integrate sustainability goals, LEED-ND, LEED for Neighborhood Development, builds on the recognition of the LEED brand for green buildings, and expands the focus to address multiple buildings, the associated infrastructure and entire neighborhood scale developments, He expects the LEED-ND standard to be finalized later this summer. In his book, "Sustainable Urbanism", 2008, he references a joint publication of the Center for New Urbanism and Institute for Traffic Engineers: "Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities",2006, (see ITS,org), LEED was developed by the U,S, Green Building Council, which can be found at www,usgbc.org, Farr recommends reviewing local codes for impediments to higher density and mixed use development. He also recommends adopting the 2030 Architecture Challenge, The Congress for New Urbanism is holding its annual conference in Denver beginning June 10, 2009, Mondav. April 20. 2009 ICLEI breakfast: comments by Michael Armstrong, Portland Sustainability Manager, and Lynne Barker ICLEI STAR pgm under development, see greenplaybook,org, General session Governor Kulongowski welcomed us in person, Home Depot Foundation is sponsoring the Sustainable Cities Institute at $40 million per year. Panel Elinor Ginzler, livable communities strategies/Office of Social Impact, AARP, D,C, Christine McEntee, CEO American Institute of Architects, aia,org Art DeMuro, Venerable Group, Portland. Historic preservation guru, Venerableproperties, com Ginzler spoke of the importance of housing and mobility for all, not just seniors, Walking safely is key, Demography is destiny: by 2030, 62 million age 50 years plus is double now. How will the older get around without a car? Focus on outcomes, performance, not checklists, McEntee remarked that the AlA offers regional design assessment teams and charette support free of charge to local communities, AlA adopted a policy in 2005 recommending that all buildings be carbon neutral by 2030, don't call it climate change, call it energy savings and vibrant economy, less pollution less fear, DeMuro: Remember that older bldgs meant to last, are often efficient with light and air because hvac not available, embodied energy, local materials, High ceilings, Don't knock profit motive: White Stag preservation redevelopment project. Tax revenues increase with increase in value, Investment increases around a pilot project. First Workshop I attended Common Ground: A Regional Approach to Sustainability [Adam Hanks attended Developing Your City's Sustainability Plan] James Brooks, NLC internatl pgms, moderator Ed Peterson, drcog (Denver region council of govts) and Lakewood Colorado council, Metro vision long term plan, 1997,2005,2007, Coordinate land use and transportation Denver area doubling by 2035!! UGB plans aim for 25% increase in density, mixed use urban centers, fasttraxks light rail voter approved, multimodal transportation, parks and open space, preservation focus areas for open space and habitat, freestanding community buffer areas, air quality-reduce vmt. Tom Jacobs, Tiacobs@marc,orq, Dir Env Pgms, mid-America Regional Council, Kansas City Missouri: bi-state area 9 counties, 120 cities, Missouri and Kansas rivers, 2 million people. at beginning people were risk averse, Yet many drivers for change. Institutional capacity constrained, Fear of adaptive mgmt in face of uncertainty, 'Commit, conserve, collaborate, communicate, create' to become America's green region KC area riparian setbacks recently added: purposes include water quality, flood mgmt, fish habitat, open space Good is not perfect: Boulder as workplace but people can't afford to live there despite it's progressive density and reputation, Question about regionalism: drcog created Mile High Compact. Linking land use and transportation, Yes, recognize there will be unintended consequences, Engage in respectful conversations, Yes disagreement still exists: Jefferson County has not signed NLC Green Cities Conference Report Provided by Kate Jackson April 29, 2009 Page 6 of 8 the compact yet. Equity piece of the sustainability trianble often shortchanged, Focus on jobs, affordable housing, redevelopment can include many leveraged dollars for housing, All regions have challenges, members will be affected by others' decisions, All have different answers, Don't let perfect be the enemy of the good, Regional govt provides opportunity for elected AND staff interaction and respect and compromise. Start where you agree, Build the relationships, About human needs. Respectful society. Capacity for needed services, Afternoon Workshop I attended Calculating Emissions Adam attended Connecting the Dots, Sustainable Land Use Planning Calculatinq emissions Henrietta Davis, Cambridge MA NLC eenr (energy, environment & natural resources, a standing committee of NLC), moderator Dr. Tim Foresman, Cities Go Green, Portland: Dr. Susan Solomon, of Montreal protocol, new report that says change now irreversible, Know the science to counter the skeptics: Aikido transition from what happens anyway to what needs to happen, Amv Shatzkin, Yale school of Foresty masters in mgmt. Spoke about the Local Govt, Protocol, Climate protection: mitigation, adaptation, Pick one year to inventory, Protocols: internatl march 2008; climate registry sept 2008; community (carb) later 2009 Community broader than city govt, Think about including the employee commute miles, Use electric bills, vmt (vehicle miles traveled) to estimate emissions from buildings, vehicles, and utility operations, In Cambridge 80% is in bldgs; surprised themselves, not the typical 30/30/30.., Susan Millhauser, Lake Oswego sustainability planner, came from Com Dev, Dept. Smillhauser@ci, City population, 36,000, 350 emps, 2002, Mayor was Judi Hammerstad, in their case water/sewer biggest single eC02, pumping cost, not green electricity, Use more than one year for data in case big account missed. Used 2000 paper statements and electronic 2006, Did not have commute data. Statewide electric vehicle infrastructure project participant. Inventory has helped prioritize projects, Identify electricity use by dept and they'll start saving. $142,000/yr savings with LED in street lights Can use eecbg $$$ for planning: Eecbg,energy,gov People ask what are ghg? 5 minute video, YouTube MIT students and carbon, Tuesdav April 21. 2009 General Session: Lvnne Barker, ICLEI, Seattle described the development of a consensus program of common goals and performance measures for community sustainability, called the STAR Community Index, (http://www.icleiusa.org/star) Being created in the same style as the LEED standard was within the architectural field, multiple committees, vetted drafts, etc, Roll-out late 2010, 'Green jobs are jobs that provide living wages.' Aaron Lande, U.S, Green Building Council, usgbc,org, LEED-ND: http://www,usgbc,orglDocs/News/ND%20ANSI_01 0709, pdf Mornina Workshop One Green Your Citv: Trees and Parks Moderator Matt Zone, Cleveland Ohio Council, NLC Energy, EENR Committee David McAllister, Portland city nature mgr, Portland 2004 forest plan new dept: city nature, Used iTree. 4:1 dollar value of forest services to budget. Neighborhood tree liaisons, Discount on storm water bill if plant trees, Volunteers plant trees, 92 neighborhoods could have their own tree mgmt plans, Sacramento Utility has a 24 year old tree planting program for public and private property, Richard Dolesh, chief public policy natl recreation and parks association DC, federal funding for parks on bills, brownfields money often flexible, Data on parks use: count your park visitation, Rdolesh@nrpa.ora Susan Mockenhaupt. usfs urban and community forestry DC, iTree tool for assessing urban forests, Get this too"! www,itreetools,ora, www.fs.fed,us/ucf Mornina Workshop Two Local Food for Local Development Moderator Nancv Carter. Charlotte City Council, North Carolina Maraaret Brennan-Tonetta, Rutgers New Jersey Ag Expt Station, Economic development: business incubation, Built a food processing facility. Helps farmers dev added value products, Look to inheritance planning by farmers to keep land in production, Deborah Kane, Ecotrust Portland Oregon, www,ecotrust.ora/foodfarms/ Toolkit online: www.Localfoodnetworks.net. (Thrive and its food connection publication are part of this network,) 'Fresh' thinking around local food and farms, export will remain part of the equation, Fork ready farm to school case study, Heike Maver, Metropolitan Institute at Virginia Tech, Described the origins of the Slow Food Movement in Italy, and Transition Town movement in England, and spent most of her time describing the Cittaslow movement in Germany, Heikem@vt,edu, cittaslow,uk Closina panel of mavors Mayors Adams, (Portland 396,000), Ralph Becker (Salt Lake City165,000), Ellen Moyer (Annapolis Maryland 30or60k?), Mary Hamman-Roland (Apple Valley Minnesota 50,000), Mayor Mary noted that true conservatives value sustainable practices because they save money and reflect efficiency, Salt Lake City and Utah's history of self reliance lends itself directly to sustainability efforts, Regional cooperation essential. Mayor Adams noted Portland's reputation for a culture of 'robust public dialogue' and DOING things; the City has set high expectations with its Climate Action Plan, with a new draft out for comment, and the 1yth Annual BEST (Business for an Environmentally Sustainable Tomorrow) Awards, NLC Green Cities Conference Report Provided by Kate Jackson April 29, 2009 Page 8 of 8 Overall, the mayors noted that much can be motivated and achieved by civic engagement: volunteer work groups, businesses, non-profits, chambers of commerce, universities, citizens all value the community spirit and value of working together to identify needed efforts and organize to make them happen; true grass roots activity, Someone mentioned the need an icon for energy efficiency and clean air like Smokey the bear promoted fire safety,