HomeMy WebLinkAbout2009-0602 Council Mtg PACKET
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ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 2, 2009
Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of May 18, 2009
.2. Executive Session of May 19. 2009
2. Regular Council of May 19. 2009
. VI. SPECIAL PRESENTATIONS & AWARDS
1. Does the Council have comments on the Ashland Forest Lands Restoration Project. Phase III
for the City's Winburn Parcel?
2. Does the Council have comments on the SOU and Mountain Meadows committee on
transportation presentation?
3. Mayor's Proclamation of June 1-14 as Mayors United Helping Feed Our Communities
4. Mayor's Proclamation of June 14 as Flag Day
VII. CONSENT AGENDA [5 minutes]
1. Will Council approve the Internal Controls Policy?
2. Will Council adopt the Facilities Master Plan completed by Ogden Roemer Wilkerson
Architecture?
3. Does Council have any questions about the final terms for the Full Faith & Credit financing
agreement settled on May 15, 2009?
4. Will Council. acting as the Local Contract Review Board. consent to enter into a public
contract for unlimited access and maintenance of all ESRI software for a term of three years
and a cost of $75.000 ($25.000 per Fiscal Year)?
5. Will Council. acting as the Local Contracts Review Board. approve a change order and
contract amendment for $4,500 to replace a pair of radios that provide communications
between the Measurement Control Unit (MCU) at the Dam and the MCU at the Water
Treatment Plant?
6. Does Council approve the expenditure of up to $48,000 to complete the required Site Design
Review application for Fire Station #2 and of up to $5,000 for a grant writer with specific
experience in FEMA grants for fire stations?
7. Should the Council execute the Ashland Home Net Cable Television System Franchise and
the Cable Headend System Lease and Transfer Agreement?
COUNCIL ]'vIEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VIStT THE CITY OF ASHLAND'S WEB SlTE AT WWW.ASI-ILAND.OR.US
....D
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to
the commencement 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 (AMC
!l2.04.050))
1. Will Council adopt the Fiscal Year 2009-2010 Annual Budget as presented or with
modifications?
a. Resolution adopting the FY 2009-2010 Annual Budget and making appropriations
b. Resolution certifying that they City qualifies for State Subventions
c. Resolution declaring that the City receives state revenues
d. Ordinance levying the taxes for the Period of July 1, 2009, to and including June 30, 2010,
as presented [15 Minutes]
2. a. Should Council conduct and approve First Reading of an ordinance titled, . An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the ordinance
on to second reading?
b. Should Council approve a resolution entitled, "A Resolution Establishing Fees and Charges
for the Administration of the Ashland Municipal Court"? [15 Minutes]
3. Should the Council award up to $50,060 in Community Development Block Grant - Recovery
Act funds to one or more of the proposals in compliance with eligibility criteria of the
Department of Housing and Urban Development? [15 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for
Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to
complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
None.
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Counil conduct and approve First Reading of an ordinance titled. "An Ordinance
Amending Chapter 1.08 of the Ashland Municipal Code Establishing Classes of Offenses,
Establishing Minimum Fines and Repealling AMC 10.1'04.010" and move the ordinance on to
second reading? [15 Minutes]
2. Shoutd Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Concerning Code Enforcement, Amending AMC 1.08 of the'Ashland Municipal Code and
Repealing AMC 11.48" and move the ordinance on to second reading? [15 Minutes]
3. Should Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to Bicyclists Taking the Lane and Amending AMC 11.52.030.E" and move the
ordinance on to second reading? [10 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Planning Commission
2. SOREDI
3. Jackson County Public Safety Coordinating Council (JCPSCC)
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participale in this meeling,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeling will enable the City to make reasonable arrangements to ensure accessibility to the
meeling (28 CFR 35.102-35.104 ADA Title I). .
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT 'fl.IE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.LJS
CITY COUNCIL STUDY SESSION
May 18, 2009
Page lof3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, May 18,2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5 :33 p.m.
Councilor Jackson, Navickas, Voisin, Silbiger and Lemhouse were present. Councilor Chapman
was absent.
1. Look Ahead Review
City Administrator Martha Bennett answered questions on the Council Look Ahead.
2. Does the City Council want to schedule the 2009 City Council Goals for adoption? Does
the Council want to refine the next steps for discussing the provisional Vision and
Values Statements developed at the Council Goal Setting Retreat?
City Administrator Martha Bennett provided an overview of the Vision and Values Statements
and the Goals. She recommended the Council submit their changes post meeting and launch a
public outreach project on the proposed Values and Vision statements the night they adopt the
goals.
Proposed Values Statement
. Good Government
. Natural Environment
. Responsible Land Use
. Free Expression
. Diversity
. Economy
Ms. Bennett defined creating community wealth as an economy that draws from its own assets.
. Independence
. Education
. Personal Well Being
. Sense of Community
Adding "...value a sense of family..." to the proposed statement was suggested.
Proposed Vision Statement
Ms. Bennett explained public outreach could entail the Council meeting with their Commissions,
inviting others to use the survey tool on the website or the Mayor's blog to test the Values and
Vision statements. The Values Statement would orient the City and employees to the
organization whereas the Vision statement would be a working document to guide major efforts
prior to launching them.
Proposed Goal Statements
Economy Goals
. Develop and implement a comprehensive economic development strategy for the
purpose of:
o Diversifying the economic base of the community.
o Supporting creation and growth of businesses that use and provide local and
regional products.
CITY COUNCIL STUDY SESSION
May 18,2009
Page 2 of 3
o Increasing the number of family-wage jobs in the community.
. Address key land use and development issues that effect Ashland's employment and
commercial businesses:
o Complete Croman Mill Master Plan and develop an implementing strategy
for funding and infrastructure for Croman.
o Amend land use and building codes and processes to increase the clarity,
responsiveness and certainty of the development process.
o Address critical planning issues other key commercial areas of Ashland,
including the Railroad PropertylDistrict, Ashland Street and Downtown.
Ms. Bennett and the Council discussed the possibility of adopting three Economy Goals:
. Develop and implement a comprehensive Economic Development Strategy.
. Complete the Croman Mill Master Plan and Implementation Strategy.
. Amend land use and building codes and drop critical planning areas.
The Council further discussed changes to the land use 'code, there was concern that streamlining
the process might be catering to developer's issues. Ms. Bennett noted issues with the pre-
application review process and that it should have rules that contain clarity, responsiveness and
certainty.
(i'
Environment Goals
. Develop an integrated land use and transportation plan to increase the viability of
transit, bicycles, walking and other alternative modes of transportation; reduce per
capita automobile vehicle miles traveled; provide safe walking and bicycling routes
to home, work, shopping and schools; implement environmentally responsible
design standards and minimize new automobile-related infrastructure.
. Adopt an integrated Water Master Plan that addresses long-term water supply
including climate change issues, system security and redundancy, watershed
healthy, conservation and reuse and stream health.
. Implement specific capital projects and operational programs to ensure that City
facilities and operations are a model of efficient use of water, energy, land and other
key resources.
. Adopt land use codes, building codes, and fee structures that creates strong
incentives for new development that is energy, water and land efficient and supports
a multi-modal transportation system.
. Develop a strategy to use conservation and local renewable sources to meet Tier 2
power demands by 2014.
Social Equity
. Complete the development of affordable housing on the Clay Street property.
. Conduct a co'mprehensive study of Ashland's homeless.
.Organization
. Develop plan for fiscal stability, manage costs, prioritize services and insure key
revenue streams for the City and Parks & Recreation.
. Address issues on the stability of the organization including employee recruitment
and retention; succession planning; and effective and increased use of citizen
volunteers.
Public Facilities
. Develop a plan to replace Fire Station #2.
Staff scaled back the project to replace the Fire Station. It win be slightly bigger and win not
encroach on neighboring property. Staff win also bring three alternatives to the Council for
adoption to be eligible to receive stimulus money.
CITY COUNCIL STUDY SESSION
May 18, 2009
Page 3 of 3
. Develop and implement a strategy to support the financial viability of the Ashland
Fiber Network.
Partnerships
. Foster strong collahoration of the local community, Cit, State and Federal leaders in
efforts to improve the health of the Ashland watershed through reducing fire
hazards and restoring foresf health.
. Restore rail service to and through Ashland.
The Council will forward comments and edits to Ms. Bennett by June 10, 2009 for the June 16,
2009 meeting.
Meeting was adjourned at 7:54 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
May 19, 2009
Page I 0[5
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 19, 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, Jackson, Silbiger and Lembouse were present. Councilor Chapman arrived at 7:23
p,m.
Mayor Stromberg gave a brief update on the military troop from Southern Oregon.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Stromberg noted vacancies on the Public Arts Commission, Planning Commission and Tree
Commission.
Mayor Stromberg clarified changes in the agenda.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of May 4,2009 and Regular Council meeting of May 5,2009 were approved
as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Does the Council have comments on the Ashland Forest Lands Restoration Project, Phase III for
the City's Winburn Parcel?
Item postponed.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should Council accept the sweatshop free procurement policy as present?
3. Will the Council, acting as the Local Contract Review Board, declare the items listed as surplus
property and authorize a sealed bid auction be conducted to dispose ofthe vehicles and equipment
declared as surplus property?
4. Should the Council approve a contract with Brown and Caldwell in an amount not to exceed
$43,972 to provide an ecological assessment of the Lithia Springs property on Emigrant Creek
Road?
5. Does the Council wish to confirm the Mayor's appointment of John Karns as Fire Chief?
6. Should the Council extend the Charter Communications Franchise for one year to facilitate
negotiation of a new franchise agreement?
7. Will the Council approve the engineering services contract Amendment #4 with Brown and
Caldwell for $59,836 for engineering services to monitor and test source water supply at Reeder
Reservoir?
Consent Agenda item #2 was postponed to a future agenda.
Councilor SilbigerNoisin m/s to approve Consent Agenda items #1 and #3 through #7, Voice Vote: all
. A YES. Motion passed.
PUBLIC HEARINGS
1. Should the Council approve a resolution adjusting the FY2008-2009 Budget to create
appropriations and authorize expenditures for unanticipated expenses during this year?
ASHLAND CITY COUNCIL MEET/NG
May /9. 2009
Page 2 of 5
Administrative Services Director Lee Tuneberg presented the staff report and recommendation to approve the
Resolution.' He explained this was a normal way to adjust the budget.
,
Public Hearing Open: 7:11 p.m.
Public Hearing Closed: 7:11 p.m.
Councilor iackson/Silbiger m/s to approve Resolution #2009-14. DISCUSSION: Explanation was
provided on three grants that were received and the supplemental budget approval was required. Roll Call
Vote: Councilor Navickas, Silbiger, Voisin, Jackson and Lemhouse, YES. Motion passed.
2. Will the Council grant the Oregon Department of Transportation a variance to the City's noise
ordinance that will allow night work ou Interstate 5 between Milepost 11.45 and 19.09?
City Attorney Richard Appicello provided the variance request by Oregon Department of Transportation
(ODOT).
Art Anderson representing ODOT apologized for the work that had begun early and violated the City Noise
Ordinance. He stated it would not happen in the future and took responsibility for the action. He further
clarified the specific area. scheduled for construction and the time at night when it would occur. It was
determined a variance was necessary from 7:00 a.m. to 9:00 p.m. Mr. Anderson also provided information on
decibel noise levels.
ODOT Project Manager Joe Thomas stated project completion was the end of May with work in Ashland
complete in approximately two days. He provided additional information on how noise level is produced.
Public Hearing Open: 7:21 p.m.
Liza Christian/843 Oak Knoll Drive/Questioned what other subsequent noise and light problems should they
expect during the construction.
Couucilor Chapman arrived at 7:23 p.m.
Mr. Anderson described the area ODOT would be working during the daytime and provided an information
contact number for the public (541) 774-6353.
City Administrator Martha Bennett stated the characteristics of a neighborhood should be considered and the
City Noise Ordinance addresses unreasonable noises.
Public Hearing Closed: 7:28 p.m.
Councilor Silbiger/Jackson m/s to approve ODOT request for a noise variance for 7 a.m. to 9 p.m. for
approximately three weeks. Roll Call Vote: Councilor Lemhouse, Silbiger, Navickas, Voisin, Chapman
and Jackson, YES. Motion passed.
3. Does the Council authorize a 7.7% increase for residential, commercial and medical waste services
provided by Ashland Sanitary Services, Co., Inc.?
Management Analyst Ann Seltzer presented the staff report that recommended approval of the franchise
agreement and introduced Gary Rigotti and Russ Chapman from Ashland Sanitary Services.
Mr. Chapman did not anticipate a decrease of tipping fees at the Dry Creek Landfill. Mr. Rigotti eXplained
every 10 years Dry Creek Landfill was allowed to change rates and shared how past rates were determined. The
estimated impact was $1.20 per household, still making it less expensive to recycle and recycling was strongly
encouraged.
Public Hearing Op~n: 7:36 p.m.
Public Hearing Closed: 7:36 p.m.
ASHLAND CITY COUNCIL MEETING
May 19. 2009
Page 3 of5
Councilor Voisin/Jackson mls to approve making a 7.7% increase for Ashland Sanitary Services
Company Inc. Roll Call Vote: Councilor Voisin, Chapman, Navickas, Jackson, Silbiger and Lemhouse,
YES. Motion passed.
PUBLIC FORUM (none)
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council approve second 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"?
City Attorney Richard Appicello read the title in full.
Conncilor SilbigerNoisin m/s to approve Ordinance #2984.
Roll Call Vote: Councilor Silbiger, Chapman, Voisin, Navickas, Jackson and Lemhouse, YES. Motion
passed.
UNFINISHED BUSINESS
1. Should the Council approve an amendment to the Ashland Land Use Ordinance (ALUO) adding
Chapter 18.63 Water Resource Protection Zones and related amendments of the ALUO and
Comprehensive Plan regarding the protection of wetlands, stream and riparian corridors?
It was announced that the record was officially closed.
Community Development Director Bill Molnar explained the definition of "top of bank" was the same the
State used under GoalS with additional language from staff to determine the "top of bank" area. He further
explained how the ordinance addressed the range of restoration. The installation of native plants and minor
earthwork were exempt activities where extensive earthwork near a creek would require a Type 1 Planning
Action exemption with additional provisions and incentives similar to the City's use of density bonuses.
Senior City Planner Maria Harris explained native plant requirements. The closet part of the water protection
zone needed to be 1 00% native plants and the outer upland protection zone could be 50% native, 50% non-
native.
Mr. Molnar went on to discuss the issue of using equipment for maintenance in these areas. Agricultural areas
might be exempt for existing agricultural activities. The ordinance establishes a threshold for heavy
equipment. Equipment less than 100 lbs would be exempt; over 100 lbs would trigger a land use application in
an effort to control erosion. In addition to an amendment for existing agricultural practices, the Council might
decide to loosen the restriction of heavy equipment if certain criteria were in place and the equipment did not
disrupt native plants or disturb the soil.
Ms. Bennett further clarified that in regards to existing lawn maintenance; the Council may want to include
language in the ordinance on maintaining existing landscaping as opposed to existing lawn, adding that any
action that disturbs the ground is beyond maintenance.
Mr. Molnar commented on the technical review and shared the names of individuals who provided input and
reviewed the ordinance. Most communities in Oregon had adopted an ordinance similar to this one.
In regards to enforcement, Mr. Molnar understood that most property owners with creeks followed flood plan
restrictions and knew to ask prior to initiating projeCts but a management plan would be helpful.
Ms. Bennett provided an outline for deliberation with several suggestions for the Council. The first was
whether the Council would adopt the map and changes to chapter 18.62 Physical and Environmental
Constraints.
The second suggestion were issues the Council needed to deliberate on with the proposed new Chapter 18.63
ASHLAND CITY COUNCIL MEETING
May /9. 2009
Page 4 0[5
that included buffer zones, "top of bank", landscaping, new planting mitigation, protection zone reduction and
hardship variance provisions and reducing redundancy in the provisions that relate to streams and wetlands.
The third related to items outside the scope of the proposed ordinance such as the Parks and Recreation
Department's request for a six month period to review and evaluate their pesticide use policy prior to any
action by the Council and how the City would handle public outreach and information regarding the ordinance.
Councilor Silbiger stated he might have a potential conflict of interest due to property he owns adjacent to a
riparian zone. City Attorney Richard Appicello provided examples of "Class Exemption" that showed
Councilor Silbiger's case did not create a conflict of interest.
The Council and staff discussed why the City would apply permit level standards for exempt activities in
Section 18.63.060 and 18.63.120 B-1.a and b. The Council suggested striking the following language from
the first sentence in 18.63.060 A. Exempt Activities Within Stream Bank Protection Zones: "...provided
the restoration requirements included in sections 18.63.120 B-1.a and b are met." Ms. Harris
recommended handouts that listed suggested restoration practices to clarifY activities that required or would not
require permits.
Councilor Jackson corrected reference numbers on the Physical and Environmental Constraints Map. The
correct chapter for the Riparian Preservation Stream, 20' buffer was 18.62.050.A.4. The Federal
Emergency Management Agency (FEMA) 100- Year and 500- Year Flood Plain reference numbers were
18.62.050.A.1 and the Ashland Modified Floodplain Corridor Lands should be 18.62.050.A.2.
In Chapter 18.62, K. Fences the reference number was 18.63.060.A.5. Staff will correct cross reference errors
between 18.62 and 18.63.
Mr. Molnar explained staff did not integrate the Flood Plain Ordinance with the Water Resource Protection
Zones Ordinances because the developing standards in flood plains were often public safety and flood analysis
issues where the Water Resource ordinances focused on vegetation management and habitat. He added that
staff was working to clear up any contradictions between the ordinances.
Councilor Voisin wanted to know how a citizen would determine the buffer zone and if they were in
compliance. Mr. Appicello noted the section in the ordinance that addressed compliance. Mr. Molnar
described the process a property owner might experience in determining the centerline for a creek on their
property.
Staff provided "top of bank" definitions from the proposed ordinance and examples. In cases where a certain
level of alteration had occurred, the City might suggest using the two-year flood occurrence. If it remained
unclear, the property owner could have "top of bank" location determined by staff or a professional.
Staff explained how the Engineering Department determines the high water mark for two-year reoccurring
interval flood elevation using a statistical calculation to determine the probability in any 2-year period that the
water will reach that level. Using the two-year flood could create confusion with landscaping requirements.
The Council commented the ordinance could be difficult for people to understand and there needed to be easier
ways for a property owner to determine a riparian area.
Staff clarified that centerline would change as streams moved and the centerline of streams or "top of bank"
would not really address streams that move any better than the alternative and required looking at a wide
swath.
The Council in general agreed on the buffer zones for fish bearing streams.
Councilor Chapman left the meeting at 9:37 p.m.
ASHLAND CITY COUNCIL MEETING
May 19, 2009
Page 5 al5
The Council agreed with banning invasive and noxious vegetation in accordance with State law and shared
concern on removing non-native plants from the first 50% of the protection zone because they may provide
habitat and benefits not yet corisidered, It was clarified the rule applied to new plantings only and did not
require the removal of non-native plants already established in the protection zone,
It was restated how difficult the ordinance was for an individual to understand and that it required knowledge
of native plants, Performance standards in place of mitigation plans was suggested,
The native non-native denominator could be strongly recommended through guidance documents and
appendices,
Me. Appicello explained the premise behind the 100% native plants within the first 50-foot area of the
protective zone was from the Oregon Administrative Rules that stated the installation of native plants could
result in a demonstration of equal or better protection for identified resources ensured through restoration,
enhanced buffer treatment or similar measures,
The Council and staff continued the discussion, noting how critical native trees were to the internal buffer
zone, the need for public education on native plants and a caution that removing planting requirements from
the orainance would not leave many mitigation requirements for people wanting to alter the zone,
Councilor Voisin/Silbiger mls to continue this item until the July 21, 2009 Council meeting.
DISCUSSION: Councilor Jackson thought the ordinance should be specific for people to understand the
buffer zone becoming more native but was not convinced that it was practical. She suggested people use the
internet instead of having staff create a book of native plants acceptable for the buffer zone areas,
Roll Call Vote: Councilor Silbiger, Jackson, Navickas, Voisin and Lemhouse, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS (None)
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Airport Commission
Councilor Silbiger reported the Commission received the 100% Federal Aviation Administration (FAA) grant
for the airport pavement overlay. The Commission was currently working on rate structures. The Annual
Airport Appreciation Day sponsored by Brim Aviation was Saturday May 30,2009 from 8:30 a.m. to 5:00
p.m.
2. Conservation Commission
Councilor Jackson stated the Conservation Commission had set new goals and commented on the success the
Commission experienced during Earth Day.
SUMMARY OF MEETING
City Administrator Martha Bennett provided a brief summary of the meeting.
ADJOURNMENT
Meeting was adjourned at 10:12 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY Or
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Ashland Forest Lands Restoration Project Phase III:
The Winburn Parcel
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
June 2, 2009
Ashland Fire & R scue
None
Martha Benn
Larry Langston
langstonl@ashland.or.us
Chris Chambers
15 minutes
Question:
Does the Council have comments on the Ashland Forest Lands Restoration Project Phase III for the
City's Winburn Parcel?
Staff Recommendation:
Staffrecommends Council accept the plan as written and make suggestions to the Forest Lands
Commission and staff as to what types of projects Council would like to see brought forward in the
future for Counci I approval.
Background
The Winburn parcel is 160 acres, surrounded by Forest Service land, and at the confluence of West
Fork Ashland Creek and Weasel Creek. The parcel has a wide variety of forest stand characteristics,
from mature forest and small patches or individual trees with old growth characteristics, to dry forest
ecosystems suited to pine, to riparian areas with year round creeks. It is also the location of the
historic Jesse Winburn camp. (The visual aid of a map will be provided at the City Council meeting.)
Over the past several years, through many meetings and deliberations, the Ashland Forest Lands
Commission has developed a management plan for the parcel. Goals of the Winburn Plan include the
following:
. Employ ecologically responsible stewardship principles and an open and transparent
community decision-making process.
. Promote forest health through reducing stand densities. (This could include a helicopter
thinning project, but no trees will be removed for the purpose of adding value to a timber sale)
. Maintain structures, features, and processes critical to the functioning oflate seral forests, such
as tree densities and biodiversity appropriate to the forest type, large snags, down logs, multi-
layer canopy, soil structure, and nutrient cycling.
. Reduce significantly the likelihood of a large scale, high intensity wildfire through activities
that will ultimately restore a disturbance regime more closely emulating the historic range of
natural disturbances, including reintroduction of natural and/or prescribed fire. This goal will
. not be accomplished with a single management action and may take years or decades to
complete.
. Protect and improve aquatic and riparian transition zone habitat.
. Increase stability and productivity of surface soils by increasing effective ground cover,
including coarse woody material, mosses, native grasses, and low shrubs.
. Maintain and protect wildlife by preservation of key habitat characteristics and retention of
structural diversity across the landscape.
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This project is designed in accordance with the guidelines set forth in the Ashland Forest Plan (J 992)
and is consistent with the earlier Phase I and Phase II of Ashland forestlands restoration treatments,
and with the upcoming Ashland Forest Resiliency (AFR) project on adjacent US Forest Service lands
projects all previously approved by City Council. It builds on non-commercial thinning and fuel
reduction treatments already completed on portions of the Winburn parcel.
Related City Policies:
Ashland Forest Plan, 1992.
Citv Forest Lands Restoration Proiect: Phase Two, 2001.
Ashland Forest Resiliency Project: Ashland Communitv Wildfire Protection Plan 2004 and Comments
Submitted to the U.S. Forest Service on the Ashland Forest Resiliencv Final Environmental Impact
Statement, 2008.
Council Options:
The Forest Lands Commission made a motion on May 12,2009 recommending the Council hear this
presentation as informational only with the knowledge that major projects coming forth as a result of
this plan will be brought before Council for approval before being implemented. After hearing the
presentation the Council may want to clarify what types ofprojects are brought forward in the future
for approval.
Potential Motions:
A motion is not recommended by the Forest Lands Commission or staff at this time.
Due to the technical nature and length ofthis document, if Council wants to explore this plan further,
staff recommends scheduling this topic for a study session.
Attachments:
Draft of Ashland Forest Lands Restoration Proiect Phase Ifl for the Winburn Parcel Please note: a
hard-copy is available at Fire Station No. I. or can be found on the city's website (link above.)
"
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 2, 2009
~~~:nistrative se~tes
Martha Bennet 'V
Internal Controls Policy
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Will Council approve the attached Internal Controls Policy?
Staff Recommendation:
Staff recommends Council approve the attached policy document.
,
Background:
Due to upheavals in the financing and accounting industries, internal controls, their documentation and
organizational use have become a leading issue for both government agencies and companies in the
private sector. The financial community continues to struggle with the Sarbanes-Oaxley Act, but the
Government Accounting Standards Board has forged ahead with new, parallel requirements for
municipalities and the municipal auditing industry.
Even though the City has various controls and procedures in place, the new requirements call for better
documentation and adherence than ever before. Council may recall comments from the Audit
Committee, Staff and the auditors regarding these changes. In their review of City procedures, the
auditors are required to evaluate compliance with written policies even if operational practices present
a better control.
Compliance now requires a written policy, adopted by Council, supported by written procedures and
observations that they are followed by staff, which allows better evaluation of the accounting processes
to protect public assets.
Additionally, to ensure compliance, each annual audit will look at the City's policy and efforts to keep
it current. This means that the attached documents will be monitored annually as part of the required
audit and changes will be reported to Council for acceptance.
The attached documents have been reviewed and accepted on a preliminary basis by the City's auditor.
They sufficiently meet the audit standards at this time and are supported by existing operational
procedures but other components will need to be drafted or. improved and added to the list.
Parks' acceptance of the attached policy and Telecommunications' policies and controls will be added
as completed. These and other subsequent substantial changes will be forwarded to Council for
consideration as they are drafted but immaterial adjustments may wait for the next annual review.
Referenced within this document are Accounting Methods and Financial Management Polices that
have been included in the annual budget document for years and the Investment Policy utilized by the
City Recorder/Treasurer. Review and. revision of these documents, and others, are likely to be
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elements of discussion as the staff works through the Council goal of Fiscal Stability during the next
year or two. It is recommended that changes to those documents be addressed during that process.
Related City Policies:
Financial Management Policies
Accounting Methods
Council Options:
Accept, reject or modify.
Potential Motions:
I move to accept the Internal Controls Policy as presented.
Attachments:
Internal Controls Policy - Draft
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r~'
Internal Controls Policy
Draft
June 2009
Introduction
Internal Controls: - A set of rules, procedures and practices developed and employed to
facilitate the safeguarding of an entity's assets be they liquid (cash or investments) or
fixed (infrastructure or equipment) or intangible (credit rating or information).
The importance of internal control to an organization is determined by the level that its
resources are directed, monitored, and measured. Resources include staff time and effort
to protect all other resources through monitoring and measurement including steps to
prevent and detect fraud.
The goals and objectives of this Internal Controls Policy are to protect public assets and
to foster reliance on public information for decision making purposes at all levels both
internally and externally.
At the organizational level, internal control objectives relate to the reliability of financial
reporting, timely feedback on the achievement of operational or strategic goals, and
compliance with laws and regulations.
At the specific transaction level, internal control refers to the actions taken to achieve a
specific objective (e.g., how to ensure the organization's payments to third parties are for
valid services rendered). Internal control procedures reduce process variation
(inconsistency), leading to more predictable outcomes. Internal control is a key element
of the Foreign Corrupt Practices Act (FCPA) of 1977 and the Sarbanes - Oaxley Act of
2002, which required improvements in internal control in United States public entities.
Internal controls rely heavily on segregation of duties, which continue to be the core of
establishing good internal controls. Accounting professionals have broadened the
definition of internal controls to include establishing a control environment, risk
assessment, the flow of information and communication, and monitoring.
Internal Controls should be an integral part of any organization's financial and business
policies and procedures. Internal controls consist of all the measures taken by the
organization for the purpose of:
a. protecting its resources against waste, fraud, and inefficiency,
b. ensuring accuracy and reliability in accounting and operating data,
c. securing compliance with the policies of the organization, and
d. evaluating the level of performance in all organizational units.
City of Ashland
Internal Contl\)ls
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Roles and Responsibilities
All personnel should be responsible for communicating upward in the organization
problems in:
a. operations,
b. noncompliance with the code of ethics (AMC 3.08.020),
c. other policy or procedural violations, and
d. illegal actions.
Everyone within the City of Ashland has some role in internal controls. The roles vary
depending upon the level ofresponsibility and the nature of involvement by the
individual.
The Mayor, City Council, City Administrator and Department Heads establish the
presence of integrity, ethics, competence and a positive control environment.
The Administrator and department heads have oversight responsibility for internal
controls within their units.
Managers and supervisory personnel are responsible for executing control policies and
procedures at the detail level within their specific unit.
Each individual within a unit is to be cognizant of proper internal control procedures
associated with their specific job responsibilities.
Elements of Internal Control
1. Control Environment:
The control environment, as established by the organization's administration,
sets the tone of a City and influences and increases the awareness of its
people. Leaders of each department, area or activity establish a local control
environment. This is the foundation for all other components of internal
control, providing discipline and structure. Control environment factors
include:
a. Integrity and ethical values;
b. The commitment to competence;
c. Leadership philosophy and operating style;
d. The way management assigns authority and responsibility, and organizes
and develops its people; .
e. Policies and procedures.
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2. Risk Assessment:
Every entity faces a variety of risks from external and internal sources that
must be assessed. A precondition to risk assessment is the establishment of
objectives that are linked at different levels and internally consistent. Risk
assessment is the identification and analysis of relevant risks to the
achievement of the objectives, forming a basis for determining how the
risks should be managed. Because economics, regulatory and operating
conditions will continue to change, mechanisms are needed to identify and
deal with the special risks associated with change.
Objectives must be established before the Administrator and Department
Heads can identify and take necessary steps to manage risks. Operational
objectives relate to effectiveness and efficiency of the operations, including
performance and financial goals and safeguarding resources against loss.
Financial reporting objectives pertain to the preparation ofreliable
published financial statements, including prevention of fraudulent financial
reporting. Compliance objectives pertain to laws and regulations which
establish minimum standards of behavior.
The process of identifying and analyzing risk is an ongoing process and is a
critical component of an effective internal control system. Attention must
be focused on risks at all levels and necessary actions must be taken to
manage. Risks can pertain to internal and external factors. After risks have
been identified they must be evaluated.
Managing change requires a constant assessment of risk and the impact on
internal controls. Economic, industry and regulatory environments change
as entities' activities evolve. Mechanisms are needed to identify and react to
changing conditions.
The City is required to perform a fraud risk assessment and assess related
controls. This typically involves identifying scenarios in which theft or loss could
occur and determining if existing control procedures effectively manage the risk
to an acceptable level. The risk that senior management might override important
financial controls to manipulate financial reporting is also a key area of focus in
fraud risk assessment.
3. Limitations:
Internal control can provide reasonable, not absolute, assurance that the objectives
of an organization will be met. The concept ofreasonable assurance implies a
high degree of assurance, constrained by the costs and benefits of establishing
incremental control procedures. As referenced in the Comprehensive Annual
Financial Report, no control will cost more than the benefit derived. For example
if the direct cost of the control is $100 to protect $50 worth, it does not benefit the
City of Ashland to use resources for that purpose.
City or /\shland
Internal C(\l1trols
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Effective internal control implies the organization generates reliable financial
reporting and substantially complies with the laws and regulations that apply to it.
However, whether an organization achieves operational and strategic objectives
may depend on factors outside the enterprise, such as competition or
technological innovation. These factors are outside the scope of internal control;
therefore, effective internal control provides only timely information or feedback
on progress towards the achievement of operational and strategic objectives, but
cannot guarantee their achievement.
,
Internal control involves human action, which introduces the possibility of errors
in processing or judgment. Internal control can also be overridden by collusion
among employees or coercion by top management.
4. Control Activities:
Control activities may be described by the type or nature of activity. These
include (but are not limited to):
a. Segregation of duties: - separating authorization, custody, and record keeping
roles to limit risk of fraud or error by one person.
1. authorization function
2. recording function, e.g. preparing source documents or code or
performance reports
3. custody of asset whether directly or indirectly, e.g. receiving checks in
mail or implementing source code or database changes.
b. Authorization of transactions - review of particular transactions by an
appropriate person.
c. Retention of records - maintaining documentation to substantiate transactions.
d. Supervision or monitoring of operations - observation or review of ongoing
operational activity.
e. Physical safeguards - usage of cameras, locks, physical barriers, etc. to protect
property.
f. Analysis of results, periodic and regular operational reviews, metrics, and
other key performance indicators.
g. IT Security - usage of passwords, access logs, etc. to ensure access restricted
to authorized personnel.
5. Control Categorization:
The Internal Controls of the City of Ashland fall into two categories; controls that
are approved as a formal policy documents by the City Council, and controls that
are administratively approved by the City Administrator and Finance Director.
Day to day operational controls, such as specific Accounts Payable and Cash
receipting are approved administratively, while larger, overarching topics such as
the investment and fund balance policies are presented to the City Council for
formal approval.
City or Ashland
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(a) Accounting:
1. The City will maintain an accounting and financial reporting system
that conforms to Generally Accepted Accounting Principles (GAAP)
and Oregon Local Budget Law. The City will issue a Comprehensive
Annual Financial Report (Audit report) each fiscal year. The
Comprehensive Annual Financial Report shows fund expenditures
and revenues on both a GAAP and budget basis for comparison
purposes.
2. An independent annual audit will be performed by a certified public
accounting firm that will issue an official opinion on the annual
financial statements and a management letter detailing areas that need
improvement.
3. Full disclosure will be provided in financial statements and bond
representations.
4. The accounting systems will be maintained to monitor expenditures
and revenues on a monthly basis with analysis and adjustment of the
annual budget as appropriate.
5. The accounting system will provide monthly information about cash
position and investment performance. .
6. Annually, the City will submit documentation to obtain the Certificate
of Achievement for Excellence in financial reporting from the
Government Finance Officers Association (GFOA).
(b) Audit:
1. The City undergoes an on-time yearly audit as required by ORS
297.425. As part of governmental auditing standards, the auditor
must review and test the City's internal controls and issue a separate
opinion on the City'sInternal Controls.
2. The City Administrator is authorized to sign documents required by
the audit firm in regards to the scope and representation of the City
audit.
3. All records are made available for the auditors to review.
4. Any and all unique situations are brought to the attention of the
auditors.
(c) Budget:
1. The City prepares and adopts a balanced budget annually which is
required by ORS 294. Refer to the budget document for specific step
by step process. .
2. The Budget Committee will be appointed in conformance with state
statutes.
Cily of Ashland
Internal Contn)ls
Draft
Page 5 oes>
('
3. The Budget Committee's chief purpose is to review the City
Administrator's proposed budget and approve a budget and maximum
tax levy for city council consideration. The Budget Committee may
consider and develop recommendations on other financial issues as
delegated by the City Council. .
4. The City will finance all current expenditures with current revenues.
The City will avoid budgetary practices that balance current
expenditures through the obligation of future resources.
5. The City budget will support City Council goals and priorities and the
long-range needs of the community.
6. In contrast to the line-item budget that focuses exclusively on items to
be purchased (such as supplies and equipment), the City will use a
program/objectives format that is designed to:
a. Structure budget choices and information in terms of programs
and their related work activities,
b. Provide information on what each program is committed to
accomplish in long-term goals and in short-term objectives,
and
c. Measure the degree of achievement of program objectives
(performance measures).
7. The City will include multi-year projections in the annual budget
document.
8. To maintain fund integrity, the City will manage each fund as an
independent entity in accordance with applicable statutes and with
Generally Accepted Accounting Principles.
9. The City will allocate direct and indirect administrative costs to each
fund based upon the cost of providing these services. The City will
recalculate the cost of administrative services each year to identify the
impact of inflation and other cost increases.
10. The City will submit documentation annually to obtain the Award for
Distinguished Budget Presentation from the Government Finance
Officers Association.
I. Once the Budget is adopted, the City adheres to Oregon
Budget law and brings any amendments to the City
Council.
b. All Budget amendments are entered into the financial software
system after the resolution is signed.
c. At all times, the financial software system matches the
amended budget. This is verified by the auditors as well.
(d) Cash and Investment:
1. The general operating bank account, payroll bank account, payables
bank account and various other bank accounts are reconciled within
10 working days of the following month by accountants that have no
check preparation duties. Canceled checks are not provided to the
City oj' Ashland
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City. However, a CD of their images is received each month and
stored until the audit is complete for the fiscal year.
2. The City Recorder/Treasurer does all the banking and investments for
the City of Ashland.
3. All City funds shall be invested to provide -in order of importance -
safety of principal, a sufficient level ofliquidity to meet cash flow
needs, and the maximum yield possible. All monies not held for
immediate use will be invested in the Local Government Investment
Pool or other form of investment such as a CD.
4. Please see the Investment Policy for further detail.
(e) Documentation and Record Retention:
1. Provide reasonable assurance that all information and
transactions of value are accurately recorded and retained.
Records are to' be maintained and controlled in accordance with
the established retention period, as specified in the Oregon
Administrative Rules (OAR) and properly disposed of in
accordance with OAR and established procedures.
(f) Purchasing:
1. The City will follow the purchasing requirements set forth in ORS
279 in addition to specific City Council approved purchasing
policies, such as sweatshop free garment purchasing.
(g) Risk Management:
1. The City will provide an active risk management program that
increases staff and citizen safety and protects City assets through loss
prevention, insurance, and self-insurance.
Flow of Information and Communication
Pertinent information must be identified, captured and communicated in a form and
timeframe that enables people to perform their individual responsibilities. Effective
communication must occur in a broad sense; flowing down, across and up the
organization. All personnel must receive a clear message from top management that
control responsibilities must be taken seriously. They must understand their own role in
the internal control system, as well as how individual activities relate to the work of
others. They must have a means of communicating significant information upstream.
The City provides accessibility of financial information to all levels of the organization to
help ensure correct and complete recording of financial transitions. This is done in a
variety of ways, including:
C:ity of Ashland
Internal COlltnlls
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a. All personnel who have been pre-authorized with Department Head level
approval have "view-only" access to the financial system. They are able
to view all transactions that affect their area ofresponsibility or function.
b. The Finance Department closes the monthly activity on the 10th working
day of the following month. The closing is announced to all personnel
that manages their departmental budget.
c. A Financial Report is produced and distributed to all Directors and the
City Administrator. A transaction listing is also printed directly from
the financial software and delivered to the City Administrator and
Finance Director. This ensures that the data compiled in the Financial
Report is consistent with the raw data in the financial software system
and provides an additional audit safeguard.
d. A quarterly Financial Report is submitted to City Council for their
review.
e. The annual financial report, Comprehensive Annual Financial Report, is
presented to the Audit Committee for their review and then presented to
the City Council.
Monitoring
Internal control systems need to be monitored - a process that assesses the quality
of the system's performance over time. Ongoing monitoring occurs in the ordinary
course of operations, and includes regular management and supervisory activities,
and other actions personnel take in performing their duties that assess the quality of
internal control system performance.
The scope and frequency of separate evaluations depend primarily on an
assessment of risks and the effectiveness of ongoing monitoring procedures.
Internal control deficiencies should be reported upstream, with serious matters
reported immediately to top administration and governing boards.
Internal control systems changeover time. The way controls are applied may
evolve. Once effective procedures can become less effective due to the arrival of
new personnel, varying effectiveness of training and supervision, time and
resources constraints or additional pressures. Furthermore, circumstances for
which the internal control system was originally designed may also change. Due to
the changing conditions, management needs to determine whether the internal
control system continues to be relevant and able to address new risks.
Monitoring activities will be done at all levels:
a. Finance department staff will investigate any anomaly. By backtracking with
operating departments on small, possibly insignificant issues, operating
department employees realize that the City operates on tight controls. This
helps set the tone and reinforces to the organization that the Finance
Department monitors department financial activity.
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b. The City Administrator and Finance Director will submit a report annually in
January identifying any changes and review of the Internal Controls.
c. Any material breaks of the Internal Control will be brought forward to the City
Council by the City Administrator.
d. Any deficiencies will brought forward as part of the approval of the
Comprehensive Annual Financial Report.
Conclusion
The employees of the City of Ashland's Finance Department take great pride in the
City's financial record. They continue to strive to continue to maintain effective internal
controls, consistent with professional standards and practices, in a very dynamic
environment. Without the understanding and cooperation of all employees across
Department lines, effective adherence of City internal controls is extremely difficult and
can place the City in a less than optimum position.
Referenced Policies:
'Financial Management Polices
Accounting Method Policy
Investment Policy
Information Technology Policy (under revision and will be added when adopted)
City of Ashland
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Adoption of the Facilities Master Plan
June 2, 2009 Primary Staff Contact:
Public Works E-Mail:
Administration Secondary Contact:
Martha Benne Estimated Time:
Michael R. Faught 552-24]]
faughtm@ashland.or.us
Ann Seltzer 552-2]06
Consent Agenda
Question:
Will Council adopt the Faci]ities Master Plan completed by Ogden Roemer Wilkerson Architecture
(ORW)?
Staff Recommendation:
Staff recommends that the Council adopt the Facilities Master Plan completed by Ogden Roemer
Wilkerson Architecture?
Background:
At the June 30, 2008 and the November 3, 2008 City Council Study Sessions, the Council heard
presentations regarding the final draft of the Facilities Master Plan from ORW, members of the
Facilities Ad Hoc Committee and staff. Following the presentation, the Council determined that the
Fire Station #2 reconstruction (with a potential bond election in 20]0) was the highest priority project
followed by the remodel of the Police Station (with a potential bond election in 20]2).
While funding the Fire Station #2 reconstruction project with a local bond levy was one of the
proposed funding options, there are also current grant opportunities due to the federal stimulus
programs. One grant is the Assistance to Firefighters Grant (AFG) administered by FEMA. The total
nationwide 2009 appropriation for the AFG is $565 million and eligible applicants include fire
departments such as Ashland's. This grant is a 90% grant and] 0% match for populations between
20,000 and 50,000.
Competition for the AFG funds, as is in any grant, is fierce; therefore, it is important to submit
applications that stand the best chance of success. One of the factors that improve the chances of a
grant award is to submit project that has been formally adopted in a long range plan. Therefore, staff is
recommending that the council adopt the facilities master plan prior to submitting the AFG grant
application.
While it is important to adopt the draft Facilities Master Plan in order to improve the City's chances to
secure a federal grant, it is also important to note that adopting the draft facilities master plan provides
a long-term planning document that meets Ashland's public facility (City Hall, Community
Development, Service Center, Fire Stations, Police Offices, Cemetery buildings, B Street Yard, Parks
Buildings, etc.) needs 10 to 20 years into the future.
The facility plan was developed by a local Architecture firm (Ogden Roemer Wilkerson Architecture)
located in Medford, with input from a Facilities Ad Hoc Committee (Carol Voison, George Kramer,
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John Fields, Don Mackin, and Dale Shostrom, and Councilor Alice Hardesty), and staff. The process
included:
. An analysis of existing facilities
. Interviews with department heads
. Committee facility and property tours
. Open Houses May 12,13, & 15 2008
. Two City Council Study Sessions (June 30, 2008, & November 3,2008)
The facility plan includes options for reuse arid or redevelopment; limited expansion/remodel and new
development; and explores new structures. The final document includes an executive summary, space
needs analysis, existing conditions, and the planning process.
In addition, the plan addresses immediate and/or critical needs (Fire Station #2, Police Department
expansion, etc); five year recommendations (property acquisition for new maintenance yard, new
elevator at city hall, etc.); and ten year recommendations (new building downtown, new maintenance
yard). Each of these recommendations includes recommended space needs and detailed cost estimates.
The plan also identifies existing deficiencies in public access issues, secure meeting space, office
configurations, inadequate vehicle storage, lack of space, poor working conditions (Fire Station #2),
departmental fragmentation, and temporary custody and evidence storage (police).
In conclusion, Staff is recommending adoption of the draft facilities master plan as vital guide in
determining the effective use of its properties, and to provide a strategic vision for the development of
current and proposed properties. An added benefit is to increase the City's odds for the Assistance to
Firefighters Grant and other future grant opportunities.
Council Options:
I. The City Council could decide to adopt the Facilities Master Plan.
2. The City Council could decide to modify (
) the Facilities Master Plan.
3. The City Council could decide not to adopt the Facilities Master Plan.
Potential Motions:
I. Move to adopt the June 30, 2008 Facilities Master Plan completed by Ogden Roemer
Wilkerson Architecture.
2. Move to modify the June 30, 2008 Facilities Master Plan.
3. Move not to adopt the Facilities Master Plan.
Attachments:
I. Draft Facilities Master Plan http://ashland.or.us/Page.asp?NavID=11907
2. Minutes from June 30, 2008 City Council Study Session
3. Minutes from November 3, 2008 City Council Study Session
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CITY COUNCIL STUDY SESSION
JUNE 30, 2008
PAGE J of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, June 3D, 2008
Council Cbamben, 1175 East Main Street
Mayor Morrison called the meeting to order at 6:51 p.m.
Councilor Hartzell, Navickas, Jackson, Chapman and Silbiger were present. Councilor Hardesty was absent.
1. Look Abead Review
City Administrator Martha Bennen reviewed the items on the Council Look Ahead.
2. Will the Conocil hear the final report from the Facilities Master Plan Committee? Will the Council
provide general directioo to staff to proceed with ooe of the option, identified in the report? Will
the Cooncil dissolve the Ad Hoc Committee at the conclusion of today', meeting?
Management Analyst Ann Seltzer presented the staff report on the Facilities Master Plan and explained what
was being asked of the council. She further explained that staff had identified five key areas that council
would need to keep in mind. She introduced Ken Ogden consultant from ORW Architecture, George Kramer
and Don Mackin committee members who presented the Facilities Master Plan.
The following was explained:
. Charge of Committee
. Process - Evaluate and document all city properties and facilities; determine space needs and develop
program of spaces; verifY program within space constraints; develop potential costs; develop potential
solutions; compile information; present to council
. Existing conditions
. Data gathering - interviews with Department Heads; Questionnaire distribution; community open
houses; site visits
. Proposed program and plan verification
. Common department challenges - Security; Conference Space; Location; Parking
Areas where critical needs were identified: .
. Administration - Additional conference rooms; additional flexible wori< stations; separate office for
Human Resources; relocation of City Attorney allows administration expansion
. City Hall - not enough meeting space; no sense of public entry or security between public and
employee areas; work space congestion; "receptionists" needed for each entrance
. City Recorder - additional storage area; public work station; accessibility to the public maintained;
finance maintains one cashier station; 700 square feet
. City Attorney - Relocated from 2"" floor; security/public access control provided; office for future
attorney provided; 1,028 square feet .
. Finance - Relocated to the Grove from City Hall; 2 public counters provided; security provided;
auditorium converted to large group conference room; 4,800 square feet
. Fire Station #2 - vehicle storage inadequate, equipment must be inside; ventilation/exhaust problems
between apparatus bay and living quarters; existing building only 2,600 square feet, program requires
12,000 square feet; building is inefficient, does not provide adequate space for the number of staff
using facility; despite good maintenance, the building materials are deteriorating and have exceeded
expected life span
. Information Technologies - New addition to civic center; Head-End remains at warehouse building;
consolidated office space; expansion also allows for new council chambers; X square feet
CITY COUNCIL STUDY SESSION
JUNE 30. 2008
, ~~2~
. Police Department - Remodel and expansion to existing facility; provides new briefing room;
adequate office space; approximately 3,000 square feet
. Electric Department - Relocation of Information Technology allows office space to be reverted back
to Electric Department
. ElectriclITlMaintenance - Overcrowded conditions; work stations in unconditioned warehouse
mezzanine; impact on residential neighbors; not enough covered vehicle storage or outside equipment
and material storage; public access and security control
Proposed Options:
OBtion One - Reose and reoryanization of exlstinl! city properties
. No new property acquisition
. Finance move
. Remodel and relocate remaining departments
. Can be phased easily
. Potential costs $9-$12 million
. The Yard - not a good option for the yard
. Fire Station #2 - Existing location good; impact to adjacent park and neighbors; previous bond
proposal will work on property
Option Two - Combination of uotinl! remodel and new construction
. Move Finance to Civic Center, allows remaining departments downtown to be reconfigured
. Capital Improvement Plan (CIP) placeholder for storage building can be re-allocated for City Hall
remodel .
. New Civic Center Building
. Allows Yard to expand on site
. Fire Station #2 (same as Option #1)
. Potential Costs between $8.5-$14 million
Option Three - New Downtown Buildinl!
. New building resolves all existing challenges and existing building constraints
. New building would possibly allow expansion, lease space or affordable housing
. Faster resolution of department challenges
. Potential costs range from $4.5 - $14 million
Program of spaces with cost options, overall cost matrix, inflation matrix and new building possibilities were
included in the report.
Mr: Ogden offered to meet individually with any councilor that may need further clarification or have more
questions.
He further explained how the study was determined as it related to the Yard, the potential properties that could
be obtained for use by the City for the Yard and the challenges, including costs the City would face by
relocating the Yard.
Mr. Kramer stated that Option Two is a middle ground that allows maintaining civic presence in the downtown
area and expansion of departments by utilizing current city property. There is no "one right" answer to the
question.
Mr. Ogden stated that the committee bad overlooked a potential pitc!' of property that the City owns offLithia
Way but could explore this option if the council desired. He did acknowledge that the MistletoelfoIman Creek
property would be considered for potential location of city Yard facilities.
CITY COUNCTL STUDY SESSION
JUNE 30, 2008
PAGE 3 of3
Ms. Seltzer clarified that the Parks Department had been advised of the potential use of The Grove by the City
and did not seem to offer any concerns that their programs could not continued to be offered to the public.
.
Mr. Ogden addressed questions raised by council relating to the City Yard location, additional building on the
Community Development/Public Works Building. square footage and needs associated with Fire Station #2.
Ms. Bennett swnmed up the questions that staff needed from council and suggested that the council ask that
the committee continue to help format these in a way the council could review.
Mr. Macklin explained that he understood that the Committee's task was to provide the information and tools
to the council in order for them to make a decision. He did agree that Option Two was the most flexible as it
allowed for phasing given budgetary constraints. He felt that the committee's task was complete and requested
that the ad-hoc committee be disbanded.
It was noted that public input is essential and further discussion is required.
Council comments included:
. Known budgetary constraints
. Prioritize Fire Station #2
. Commercial use in the downtown area
. Use of Lithia YanI
. B Street YanI location
. Inadequate space acknowledged
. Move slowly and conservatively
o Concern with use of The Grove by City Departments
o Priority of placing second story on Community Development/Public Works Building
. Explore other locations in the downtown area c,
o Maintain City YanI in current location
o Use what we have better
o Support of Option Two
o Need for council to have time to prioritize
. Use existing downtown parking lots currently owned by City
Mr. Ogden agreed to appendage into the report some of the questions raised by the council.
3. Review of regular meeting agenda for July 1,2008
None requested.
Meeting was adjourned at 8:35 p.m:
Respectfully submitted,
Barbara Christensen
City Recorder
LJJ 1 LUUNUL ~l uur ~J:::>"SJUN
November 3, 2008
Page I of2
MINUTES FOR CITY COUNCIL STUDY SESSION
MODday, November 3,2008'
CODDril Cbambers, 1175 East MaiD Street
Council Chair David Chapman called the meeting to order at 6:05 p,m. in the absence of Mayor John
Morrison, Councilors Hardesty, Navickas, Hartzell, Jackson and Silbiger were present.
I. Does tbe CouDdl bave questioDll for tbe City Rec:order about the Clty'sluvestmeot PoIky or about
tbe status of lbe City's rurreDt iDvestmeDts?
City Recorder Barbara Christensen explained the City had a strong, conservative investment policy, The City
currently had 82% invested in the Local Government Pool, 15% in Government Agency Securities and 3%
invested in Certificates of Deposits.
The Local Government Investment Pool (LGIP) maintains 90(}+ members, consisting of County, City and
Local Government Entities and money from these entities are pooled and managed by the Oregon State
Treasury (OS1). The Oregon State Treasury has an advisory board who advise in the management and
investments of the pooled money, This Board consists of the State Treasurer, three non-public members and
three members who are Treasurers, Finance Officers or Business Managers in local government that manage
the investment portfolio.
The approved LGIP Investment Policy dictates that securities mature at less than 3 years, Investments are
staggered so they mature at different times and diversification is important. Ms. Christensen reported that a
Senior Investment Officer from OST had clarified that when Asset Backed Securities started to fail, the State
Pool made appropriate changes to the portfolio and confirmed that the final security matured in October 2008,
When this final security matured, there were no more investments in Asset Backed Securities. Ms. Christensen
explained that there are several factors used when purchasing securities for investment and examples were
provided. She stated that LGIP's cunent focus is on liquidity as they respond to the cunent market.
Ms. Christensen recommended having the Oregon Short Term Board review the City's cunent investmenl
policy, make recommendations and present to Council for approval. When questioned on LGIP's relationship
with State Street, she explained that the Senior Investment Officer from OST had stated that State Street is not
allowed any additional investing than the Oregon Short T eon Board allows Ihem to do.
2. Review of regular meeting ageDda for November 4, 2008
City Administrator Martha Bennert reviewed the agenda with council with the following comments:
. Sbould tbe CouDciI rouduct aud approve Fint ReadiDg of aD ordlnaDce titled, "Au OrdinaDce
AmeDdiDg Cbapter 2, AdmiDistratioD, AddlDg SediOD 2.13, TraDsportatiOD CommwioD;
RepealiDg SediOD 2.22 Bic:yde aDd PedestrIaD CommlssioD aDd Repeallag SedioD 2.26 Traffk
Safety CommwioD" aDd move tbe ordiDaDce OD to SeroDd ReadiDg?
Boards and Commissions can appoint Ad Hoc and Sub-Committees at any time. If they are Sub-
Committ<es that deliberate on an item that eventually goes to Council, they need to follow Oregon
Public Record Law. Official Sub-Committee rules would apply if someone not on the board were
appointed.
Council asked staff to revise the new bulleted paragraph under Powers and Duties in the
Transportation Commission Ordinance on page two,
. Sbould lbe CouDdJ approve aD AFN wbolesale aud relaiD rate iDrrease to offset aD iarrease iD
operatiDg espeDses?
Llll LUUJVLIL ~l Ullr ;}1!.SSJUN
November 3, 2008
Page 2 of2
Interim Infonnation Technology Director Michael Ainsworth explained there were no entities with a
contract or long-term agreement with Ashland Fiber Network (AFN). The majority of customers
were garnered through retailers.
AFN had projected a 5% growth in subscriber accounts and experienced 2.3% customer growth,
. Does the CouDcil wish to enter iato a purcbase agreement to acquire 10 acres ou Clay Streetto
be used for a publk park and an affordable boo.ing project iu partoersbip witb the Housing
Aothority of JackMln Coonty?
Senior Planner Brandon Goldman explained that Resolution 2006-13 identified the income levels for
households that would qualifY for affordable housing. The Housing Authority would provide some
units at 50"/0 and some at 60% but were looking at a 30%-60% Area Median Income (AMI) range so
that all participants have income to contribute to rent.
Mr, Goldman was asked to provide infonnation from the Jackson County Assessment Office on the
original purchase price for the Clay Street propeny for the regular meeting session 11/4/0g,
3, Wbat are tbe Council priorities for city facilities and properties based 00 the iafonoalion provided
in tbe Facilities Master Plan Report? Does tbe Council wisb to place a bond measure on tbe 2010
ballot for public safety improvements?
Council determined that Fire Station # 2 was the top priority for the Facilities Master Plan. It will require voter
support and November 2010 as an election timeframe was discussed. Ogden Roemer Wilkerson Architechlre
was able to bring the price down since the building did not require a downtown look and will research more
ways to economize, Concern was expressed that the Food and Beverage Tax needs to come first.
The second priority for the Plan was the Police Department building. It would require voter approval as well
and there was a discussion on bringing it to the public in 2012. The Police Department might be able to offset
10"/0-30"/. of the cost with Forfeiture Funds. Using trailers or pre-fabricated buildings for evidence storage
would not ~ the City's needs long-term but might be sufficient for office space in the interim,
Logistic and cost concerns were raised during a discussion on the benefits and negatives of moving Finance to
the Grove and adding to the Community Development building. The desired intention was to have City Hall
remain downtown, It was decided to resolve the issues with the Grove prior to redoing City Hall and have staff
develop 2-3 scenarios for the Grove after planning the Fire and Police department interim strategies. Council
suggested consulting with other agencies on consolidating space and asked staff 10 research various surplus
properties for office space potential. .
4. Look Abl!lld Review
The Council Look Ahead was not reviewed.
Meeting was adjourned at 8:28 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Report on Full Faith & Credit Loan Dated May 15, 2009
June 2, 2009 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Benne Estimated Time: Consent
Question:
Does Council have any questions about the final terms for the Full Faith & Credit financing agreement
settled on May 15, 2009?
Staff Recommendation:
This is an informational report requiring no action by Council.
Background:
On April 21 st, 2009, Council authorized staff to enter into a financing agreement, reimbursing the
Water and Wastewater funds for capital projects totaling $1,000,000. The anticipated interest rate was
in the 4.70% range based upon estimates from Bank of America and two other banks. At staffs
request, Council authorized a loan or credit line of up to $3 million, Staff determined that the credit
line approach for financing future projects would probably not be needed, that additional costs for this
feature were not warranted and that borrowing only for the project costs incurred to date was the best
approach,
The financing with Bank of America closed on May 15,2009, with the following results:
Par Amount $1,000,000
Interest rate 4.95%
Interest cost over the life of the loan $428,556
Cost ofIssuance (including Bank Fee) $16,350
All in True Interest Cost (TIC) 5.20%
The sometimes volatile financing market changed in the last few days before closing, raising the final
.rate to 4.95%. This is still an acceptable rate for enterprise financing over 15 years, The increased
interest raised the total annual debt service approximately $2,000 per year to $95,237, The calculated
interest rate after including all costs of issuance is 5.20%,
The debt and annual payments are shared by the two utilities - 70% to Water Fund and 30% to
Wastewater Fund. The loan can be refinanced anytime after five years ifrates improve enough to
provide reasonable savings,
Related City Policies:
None
Page I of2
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CITY OF
ASHLAND
Council Options:
Not applicable,
Potential Motions:
None
Attachments:
None
Page 2 of2
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Public Contract equal to or greater than $75,000:
ESRI (GIS Software License/Maintenance Agreement)
June 2,2009 Primary Staff Contact: Michael Faught
Public Works E-Mail: faughtmrWashland.or.us
Purchasing Secondary Contact: Jason Wegner
Martha Benn Estimated Time: Consent Agenda
Statement:
Will the Council, acting as the Local Contract Review Board, consent to enter into a public contract for
unlimited access and maintenance of all ESRI software for a term of three (3) years and a cost of
$75,000 ($25,000 per FY)?
Staff Recommendation:
Staffrecommends the public contract for unlimited access and maintenance of all ESRI (GIS) software
for a term of three (3) years and a cost of$75,000 ($25,000 per FY) be approved,
Background:
The City currently uses ESRI (GIS software) which in past years required the City to purchase annual
license and maintenance agreements, Software licenses and maintenance are proprietary, and in
accordance with AMC 2.50.070(1)(2), exempt from competitive bidding requirements,
Entering into the ESRI Small Municipal and County Enterprise License Agreement (ELA) for a three
(3) year term will allow the City unlimited access to all of the software ESRI offers, in unlimited
quantities, precluding the need to buy each license agreement separately,
The ELA offers the following benefits: lower costs per unit for licensed software; substantially reduced
administrative and maintenance expenses; and complete flexibility to deploy software products when
and where needed,
In addition to the significant cost savings and unlimited access and flexibility to deploy all of the ESRI
software, the City will have the means to greatly expand the City's GIS services,
For more information, please review the attached proposal, quotation and contract provided by ESRI
and the written findings prepared by Jason Wegner.
Related City Policies:
Section 2.50;070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
(2) Contracts for licenses and maintenance of computer hardware, computer software, and
telecommunications products (including cable, video and television products),
Page I of2
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CITY OF
ASHLAND
Section 2.50.015 Authority
Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting Department to execute the' contract. The Council may also execute contracts itself.
(Ord 2934, Replaced, 11/21/2006)
Section 2.50.020 Public Contracting Officer's Authority
A, Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
The Council, acting as the Local Contract Review Board, can approve or decline to approve the
contract award,
Potential Motions:
The Council, acting as the Local Contract Review Board, can approve or decline to approve the
contract award.
Attachments:
ESRI - Proposal and Quote
Written Findings
Pagc2of2
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May 12, 2009
Mr, Jason Wcgncr
CITY OF ASHLAND
20 E MAIN ST
ASHLAND, OR 97520
ELA Quotation #20346892
Dear Jason,
The ESRI Small Municipal and County Enterprise License Agreement (ELA) is a three-year
agreement that will grant your organization access to the ESRJ'I!> software listed below on an
unlimited basis including maintenance on all software offered through the ELA for the term of
the agreement. The ELA will be effective on the date executed and will require a firm, three-year
commitment.
Based on ESRI's work with several organizations similar to yours, we know there is significant
potential to apply geographic information system (GIS) technology in many operational and
technical areas within your organization, For this reason, we believe that your organization will
greatly benefit from an enterprise license agrccmcnt. An ELA will provide your organization
with numerous benefits including:
. A lowcr cost pcr unit for licensed software
. Substantially reduced administrative and procurement expenses
. Maintenance on all ESRI software deployed under this agreement
. Complete flexibility to deploy software products when and where needed
The program includes unlimited access by your organization during the term of this agreement to
the ESRI Enterprise Software listed below, Licenses are valid for the three-year term of the
agreement.
. ArcGISQ!> desktop software--ArcInfoQ!>, ArcEditor"", ArcVie\0"
. ArcGIS desl{top extensions-3D Analyst"", Spatial Analyst, Geostatistical Analyst,
ArcScan'M, ArcGIS Publisher, MaplexTh<, Network Analyst, ArcGIS Schematics, Job
Tracking for ArcGlS (JTX"')
. ArcGIS server-hased software--ArcGIS Server (advanced, standard, basic/workgroup,
enterprise)
. ArcIMSQ!>
. ArcGIS Server extensions-3D Analyst, Network Analyst, Spatial Analyst,
Geostatistical, Schematics and Job Tracking for ArcGIS (ITX"')
. ArcGIS Engine Runtime deployments
. AreGIS Engine Runtime extensions-3D Analyst, Spatial Analyst, Geodatabase
Update, Network Analyst, Arc Schematics and Maplex
Also included in the program are:
. Enterprise Software-ESRI Developer Network-One annnal subscription to the ESRl
Developer Network (EDNsM) for each year the ELA is in effect
. Virtnal Campus (Web trainlng)-5,OOO dollars for standard ESRI-authored courses
only (third-party authored courses not included)
. Instructor-led training-Five percent discount on all commercially available courses at
ESRI facilities
Payment terms for the ELA follow:
Year I Year 2 Year 3 Total
~T~~i1'iiilliiilie~,\!ii.,,~~ f$25!Ooo;oo~ ~'$25JiQ~ r$2'!@'ootoo~ ~{i5'o'OO;OQ~
ArcPad ootional unlimited deployment add-on:
Year I Year 2 Year 3 Total
l"Kff6'iI~ltFf~~;jitf~i,;~"-\i~i~1Is{i3f$sol);oo~ if;E,'j]"Ssoo;oO'j t*:~!$5oor6i}l ~~tii$i;c56iEifo~;
Data Intcropcrability ootional unlimited deployment add-on:
Year 1 Year 2 .Year3 Total
iAii';iliiii;ii~i\~$i1~:~(i;~;t'~"=ri:'1 t~;$'i~500:oo1 i~$Y;5oii:oiij f~i$1.tsO'ttiiiil r~;;rr$4;500;ooi;~:1
All current departments, employees, and in-house contractors of the organization will be eligible
to use the software and services listed above,
The. following key business tenus and conditions will apply:
. If your orga.nization wishes to acquire and/or maintain any ESRl software during the term
of the agreement thatis not included in this proposal, it may do so separately from this .
ELA at the ESRI pricing that is generally available for your organization for software and
maintenance.
2
Small GO\' Level I
ESRI 380 New York St., RQdlands, CA 92373-8100. USA. TEL 909.703.2853 . FAX 909-793.5953 Info@esri.com'WEB wWloV.esrl.com
. Software and 'elvices included in this proposal may only be deployed and used within
the United States.
. ESRI teclmology that may be embedded in third-pallY products that your organization
licensed or may acquire is not included under this agreement.
. The organization will establish a single point of con tact for orders and deliveties and will
be responsible for redishibution to eligible users,
. TIle firsl payment will be due within 30 days of the effective date. Second and third
payments will be due within 30 days of the anniversary date of the contract.
. TIle organization will establish a Tier I support center to field calls from internal users of
ESRI software. The organization may designate up to two individuals who may direclly
contacl ESRI for TIer 2 technical support.
. ESRI will deliver two boxes of media.
. ESRI will provide up to 10 hardware keys, at no additional charge, upon your request.
. The organization will provide an allllUal report of installed ESRI software to ESRI.
. ESRI software and updates that you are licensed to use will be shipped automatically as
they become available,
. The organization will act as an ESRI reference site and will pelroit ESRI to publicize its
use of ESRI software and services,
. TIle organization will receive two complimentary annual registrations to the ESRI
Intemational User Conference.
. Subject to open records or pnblic disclosure law, the details of tillS agreement will be
confidential and may not be disclosed by the contracting parties.
. ESRI reserves the tight to adjust and collect sales and/or use tax at the actual date of
invoicing.
. Licenses are valid for the ternl of the ELA.
TIlls progranl offed. valid for 90 days. To complete the agreement within tillS time frame,
please contact me within the n~xt se-ven days to work through any qUf-stions or concerns )'ou may
have.
3
Small Go\' level 1
E$R1380 New York St., Redtands. CA 92373-8100, USA. Tel 909-793-2853' FAX 909.793.5953 Info@esrl.com'WEB 'M,^v.esrl.com
,
To expedite your acceptance ofthi, ELA offer:
1. Sign andretum the signature page oftheELA with a Purchase Order or issue a Purchase
Orderthat references this ELA Quotation and includes the following statement on the face of
the Purchase Order "TmS PURCHASE ORDER IS GOVER..'lED BY THE TER..'IS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY ELA AND ANY
DIFFERENT OR ADDITIONAL TER..'IS AND CONDITIONS IN OR WITH Tms
PURCHASE ORDER SHALL NOT APPLY," and have it signed by an authorized
representative of the organization.
2. On the first page of the ELA, identify the central point of contact/agreement administrator,
11,e agreement administrator is the party that will be the contact for management of the
software, administration issues, a.nd general operations. Infonnation should include name, title
if applicable., address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address noted below:
ESRI
Attn.: Customer Service SG-ELA
380 New York Street
Redlands, CA 92373'8100
Or e-mail service@esri.com or fax documents to 909-307-3083.
I appreciate the opportunity to present you with this proposal, and 1 believe it will bring great
benefits to your o!1lanization,
Thank you very mnch for your consideration,
Best regards,
Jenny Brogdon
4
Small Goy"e\'e! I
ESRI 380 New York St., Redlands, CA 92373-.8100, USA. TEL 909-793.2853 . FAX 909-793-5953 lnfo@esri.com . WEB WMV.esrl.com
.o.;~".. .~'J:/.
". ~. ..' .
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC,
ESRI, Inc.
380 New York Street
Redlands, CA 92373.8100
Phone: 909.793.2853 Fax: 909.307.3049
DUNS Number: 06.313-4175 CAGE Code: OAMS3
To expedile your order, please attach a copy of
Ihis quolalion to your purchase order,
Quale Is valid from: 05/12/2009 To: 08/10/2009
Quotation # 20346892
Date: May 12, 2009
Customer # 148538 Contract #
CITY OF ASHLAND
PUBLIC WORKS
20 E MAIN ST
ASHLAND, OR 97520
ATTENTION: Jason Wegner
PHONE: (541) 552-2417
FAX:
Material Qly Description
110035 1 Populations 010 to 25,000 Small Governmenl Enterprise License
Agreement .
Year 1
110035 1 Populations 010 to 25,000 Small Government Enterprise License
Agreement
Year 2
110035 1 Populations 010 to 25,000 Small Government Enterprise License
Agreement
Year 3
UnU Price
25,000,00
25,000,00
25,000,00
Total
25,000.00
25,000,00
25,000.00
Item Total:
Sublotal:
Sales Tax:
Estimated Shipping & Handllng(2 Day Delivery) :
Contract Pricing Adjust:
Total:
75,000,00
75,000,00
0,00
0,00
0,00
$75,000,00
Quoted By: Robert Wall, (800) 447.9778 x1306
Emall: rwoll@esri.com
Accounl Manager: Jenny Brogdon
Email: jbrogdon@esri.com
Acceptance of this quotation Is limited to the ESRllIcense AfIreement and the Quotation Terms and Conditions
This Quolallon Is made In confidence for your review. II may not be disclosed 10 third parties. except as required by law.
If sending remIttance, please address 10: ESRI, File No, 54630, Los Angeles, Ca 90074.4630
WOLlR This offer Is limited to the terms and conditions Incorporated and attachod herein.
CITY OF '
ASHLAND
Memo
DATE:
TO:
FROM:
SUBJECT:
May 15, 2009
Mikc Faught
Jason Wegner
GIS Enterprise License Agreement (ELA)
i
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,
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,
)
Mike,
Please refer to the attached quote #20346892 for Environmental Systems Research Institute's
(hereafter known as ESRI) Small Municipal and County Enterprise License Agreement (ELA).
The ELA will provide GIS sofIWare that meets Ashland's GIS needs for $25,000, In addition to
sofIWare, staff will purchase a new GIS server for $10,000 for a tolal project cost of $35,000, This
puis the project $15,000 below the adopted budget of $50,000, In accordance with the Ashland
Municipal Code, this is a sole source and exempt from competitive bidding.
Under AMC Section 2,50,070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS
279A - 279C end the Attorney General Model Rules, OAR Chapter 137 Divisions
46 - 49, except for the following:
(2) Contracts for licenses and maintenance of compufer hardware,
computer software, and telecommunications products (including cable,
vIdeo and television products),
The ELA will provide unlimited access to all of the software ESRI offers, in unlimited quantities,
precluding the need to buy eaoh separately, This could not only help us reaitze significant cost
savings, but allow us to great expand GIS services al the City of Ashland. Through this ELA, we
hope to:
. Provide a single, multiuser, robust database for GIS lhat will be accessible to other city
databases and city software developers to design and integrate applications around:
Examples Include Cartegraph, Utility Billing and Eden,
. Enable appropriate personnel direct access to lhe GIS database for creation and
maintenance of spatial data;
. Provide Internal distribution of maps via a browser based viewing application;
. Provide external, public distribution of maps and data via browser based viewing
applications.
Please refer to the attached quote for the agreement details,
CITY OF
ASHLAND
Council Communication
Approval of Change Order/Contract Amendment exceeding 35% of Original
Contract Amount - Replace radios at MCUIWTP & MCV/Dam
Meeting Date: June 2, 2009 Primary Staff Contact: Michael Faught
Department: Public Works E-Mail: faughtmlalashland.or.us
Secondary Dept.: Purchasing Secondary Contact: Pieter Smeenk
Approval: Martha Benne Estimated Time: Consent Agenda
Statement:
Will the City Council, acting as the Local Contract Review Board, approve a change order/contract
amendment for $4,500 to replace a pair ofradios that provide communications between the MCU
(Measurement Control Unit) at the Dam and the MCU at the Water Treatment Plant?
Staff Recommendation:
Staffrecommends the change order be approved.
Background:
The original contract with Engineered Monitoring Solutions for the annual inspection and servicing of
the Hosler Dam Failure Warning System (siren maintenance) at a cost of $4,469,00 was successfully
completed, The initial contract was less than $5K, exempt from competitive bidding requirements, and
directly awarded to Engineered Monitoring Solutions, During the site visit, the contractor identified
the cause of the communication problems between the MCU at the Dam and the MCU at the Water
Treatment Plant. The radio at the Water Treatment Plant MCU is damaged and no longer functioning
properly, Because the Geomation radios are paired, the recommendation is to replace both radios,
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:
ii. 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.
Potential Motions:
The City Council, acting as the Local Contract Review Board, can approve or decline to approve the
change order.
Attachments:
Proposal for Additional Services
Page I of I
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91'S
Engineered Monitoring Solutions
20345 SW Pacific Highway, Suite 104
Sherwood, OR 97140
503-925-1700 ph
503-925-1701 fax
City of Ashland
Public Works Department
20 East Main Street
Ashland, Oregon 97520
January 30, 2009
Attn: Mr. Pleter Smeenk, P,E,
Re: Additional Services Requested to Replace MCU Radios
Hosler Dam Failure Warning System
Dear Pieter:
During our site visit on January 6, 2009 we Identified the likely cause of the communication problems
between the MCU at the Dam and the MCU at the treatment plant. The radio at the treatment plant
MCU is damaged and no longer functioning properly, Because the Geomatlon radios are paired, our
recommendation is to replace both radios,
As you know, the Model 2380 MCUs are no longer being supported by the manufacture, Geomation
Inc, However, we have identified a source where we can purchase two used radios that were part of
a system of Model 2380 MCUs that has been upgraded recently, We believe that we can configure
these radios to work with the Hosler Dam system, The radios would be supplied" as-is" with no
warranty. The services that will be required to replace the existing radios with these used radios
include procurement and configuration/testing of the radios, and a site visit to perform the
replacement work,
We estimate the total cost for these services would be on the order of $4,500, A breakdown of the
estimated labor effort and material costs is presented on the attached Table 1. The cost estimate
assumes that the on site work can be accomplished within one 10 hour day. We propose to perform
this work on a time and materials basis in accordance with the terms of Purchase Order #08627
dated October 28, 2008, We would perform the site visit to replace the radios within 2 weeks
following your notice to proceed,
Very truly yours,
Engineered Monitoring Solutions
by~~-~-
Greg Dutso
Senior Systems Integrator
Table 1 Work Breakdown and Cost Estimate
bY~~~
B;rry Myer , P.E.
President
Attachments
CC: File
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Site Design Contract for Fire Station No.2
June 2, 2009 Primary Staff Contact: Ann Seltzer
Administration E-Mail: seltzera(a)ashland.or.us
None Secondary Contact: Finance, Fire, PW
Martha Benn Estimated Time: Consent
Question:
Does the Council approve the expenditure of up to $48,000 to complete the required Site Design
Review application for Fire Station #2 and of up to $5,000 for a grant writer with specific expertise in
FEMA grants for fire stations?
Staff Recommendation:
Staffrecommends approval of both expenditures to enable the City to apply for Federal stimulus
dollars for Fire Station #2.
Background:
Federal stimulus funds will be available as Assistance to Firefighter Grants (AFG) through the
Department of Homeland Security (administered through the Federal Emergency Management Agency
(FEMA)) to "modify, upgrade or construct non-Federal fire stations." The final rules and guidelines
are expected to be released soon. To qualify for the grant; the project must be "shovel ready," which
means it has to be ready to construct quickly,
The City of Ashland has an existing contract with Peck Smiley and Ettlin (PSE) for design and
construction services for Fire Station #2 which was not closed after the failure of the 2006 G,O. Bond
Measure, Since this contract is open and PSE is familiar with our site, staff recommends using this
contract to get through the planning process for the station. PSE estimates $48,000 to complete the
first phase of the scaled down project to include a traffic impact analysis, a landscape plan, a schematic
plan, a survey and architectural site plan and floor plan elevations as identified and re.quired in the pre-
application conference document prepare by City of Ashland planning staff, Even if the City is not
awarded the grant, this work must be completed if the Council decides to seek a voter approved bond
measure at a future date.
AFG grants are highly competitive. Interim Fire Chief Larry Langston secured numerous AFG grants
using a professional grant writer. At his recommendation, the staffrecommends hiring a grant writer,
estimated at $5,000, with expertise in securing AFG grants, If the Department for Homeland Security
holds to their previous grant standards, the fee for the grant writer is an eligible reimbursable
administrative cost to the City of the project if funded.
There are adequate appropriations in this year's CIP Fund for this project. Preliminary information
from PSE indicates the work can be completed in June, Ifnot, we may have to adjust the budget for
FYIO, Finance Director Lee Tuneberg will speak to this during the public hearing to adopt the FYIO
budget.
Page 1 of2
~~,
CITY OF
ASHLAND
The proposed replacement station will remain completely within the current Fire Station portion of the
overall parcel and will not encroach on Sherwood Park. It is approximately two thirds the size of the
previous plan rejected by voters and will extend to the existing concrete retaining wall that separates
Sherwood Park from the Fire Station property.
Related City Policies:
Council Goals
Council Options:
Approve the expenditure,
Do nofapprove the expenditure,
Potential Motions:
I move to approve expenditure up to $55,000 for professional services associated with Fire Station #2,
I move to
Attachments:
. Letter of proposal from Peck Smiley Ettlin Architects for Fire Station #2
. Letter of proposal Letter of proposal from grant writer
. Pre-application Conference Comments Document and pre-application with site plans
Page 2 of2
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PECK SMilEY ETTlIN+
architects
City of Ashland
City Hall
20 East Main Street
Ashland, OR 97520-1849
20 May 2009
Attn: Ann Seltzer
City Manager's Office - Special Projects
.
RE: Fee Proposal for Site Design Review Application Documents for a
New Station on Ashland Avenue in Ashland, OR.
Dear Ann:
Peck Smiley Ettlin Architects are pleased to provide you with an architectural fee for a two
phased proposal for the new Station 2 on Ashland Road.. The first phase of the project is tc)
complete a Site Design Review application with the City. The application requires a traffic
impact analysis, a landscape plan, a schematic site utilities plan, a survey and Architectural site
plan, floor plan, elevations and materials boards, The second phase consists of the remainder of
the project including Design Development, Construction Documents, Bidding and Construction
Administration,
PSE Architects will perform the first.phase above for a fixed fee of $47,920. Reimbursables
include any consultants, mileage, printing, postage .and photographs and are included in the fee
proposal. We have also included a fee proposal to complete the project should it come to fruition,
Our hourly rates are as follows:
Partner
Project Architect
Architect
Architectural Intern
Secretarial
$105,OO/perhour
$85,00
$75,00
$65,00
$45,00
We anticipate having JeffBringenberg available to complete this phase of the work. We
understand that your schedule is contingent on many factors and we can proceed as quickly as
desired or needed by the City of Ashland,
We have worked both in the City of AsWand (Main Station) and with your interim chief
Larry Langston (Bend Fire Stations - 4) previously, We have a good working relationship with
both,
4412 SW Corbett. Portland, OR 97201
tel 503.2018.9170 hut 503.248.0223
www.pseorr:hs.com
We thank you for the opportunity to be of service. Please do not hesitate to call to discuss
any portion of the above proposal.
Thank you,
~ 1!).1M<-
Hans 0, Ettlin
Partner
Accepted by:
Date:
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May i5, 2009.
. ' Ann Seltzer.. .
., l.liskM~agem\lnt Analyst
, 20 East,Main street
. Ashland; Oi~gon97520
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....'Thank you, for yoUr call1ast;r\iesday.. The' Williams Gr()ilp wou).d be interested in
. prOviding grantWrlting services for. the CitY of'AsWand'sDepartment of Fire' & .
Rescue. We havebee~ writing gi'antsforseyeial Fire Departmerits. arid Fire.: ...
. :Oistri~t~sirice 2002 ~a,nd hav~ ,beeqvery successfUI in SeCurn.:;g dollais fuj-oligh th~'" ;.
'PEMA.progql.l:i1s of,A.ssistance to' Fire Fighters,'SAF,ERiiiid thePreventioh, ... ,.'
cO,mponents: ...' .. . .. ., ... .
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My 1.II1d~J;Standing is that thereis~ new. pgtof mone~ ~6ming doWn ill e~iy . ,
sumim:r fOr the construction of new facilities. If Hi:lIIieland Security holds to their ..
. previo~s ~t application stan9ards, the fee forthe grant,.;.mter is an eligible .
, ieimbu,rs'able adIDiniSti-ative cost to ,the Departiilentifthe project is funded:.
. '- . . . I \ .' . _ ~ . -,' '.' ,. , .' . . .:
. What r would like to propose\is a tentative scope ofwor~thatwould incil.ldeata
mini~pm thdollowmgitems:, ,-, ,',..' .. . .....::',- , .
.,' . \1: One!o thteeon-site. visits to seetliecuiTent status ofthebiilldIDg' ,
. to,bedemolislied and site of the. new fire' station. .. .
... ',2. ,Meet 'Yith you an~ FireDepartmentpetsoImel t() discuss issues of . ,
. . neecI;:design, ailticosfofthe prOject. .... ..' .. .......
. .3: Gather'all the documentatioIlueeded t<?completea grant application . .'.:
including but not limited to service statistics, persi:mnelintinbers and Fire
.- '.'., I ", . -'. .
FighterTorU status; banking inforinll.tion for electronic.payment, review.
. .. ofStimdard Operating Procedures for equipment rieedswithin the new,
.. facility... Meet with the ChaIIlber ofC~mmeice, as they usuauy know of
i . any future buiIdlngprojectsas well as having up to date d~i:riographics;;
rake' a tour of the City. . .
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4. Determine whowillbe my singlepomt of contract thtoughoutthe length
. of the contract as much of the questions I would be askirig could be .
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relayed bye-mill or telephone and' niduce travel expenses. .
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Serving NOll Profit Coimllliniries Sillce1278
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In'the meantim(l;I will he followmgthe DepartrmintofHomeIand$ecQrityweb-
. .. '.'. '. - . ", " ,. .,' -',' \. ..
site for anD.ouiicement; as other districts/depaItments are waiting for the saDie
. ~ --. -:. '. . , - . . " . _ ' .' .' ", \'.' - - ~- .
announcemerit .. Several ofrriyclients.only.need major remolding tobriiig'their.
."' ...., - '.' .1(. j - _ ..' . .. .
,facilities up to NFPA;staridard~rather than'full bloWn cpnstmction. .... . . , ,
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Thank rOll again for YOUrin~eresL.
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5. Secure apyinfoITnatiori that is cUrrently, available on demolition .. .. '.
costs, RFP's forbiddl:irs, ~cheniatids; antjcipat(,ldcosts, timelines, ,internal' .
. e9uiiJment needs or"ljther special needs of the Departmentthat will meet
. , N}'P A standards. .. T4e transition plans into trailers duriilg ,construction, .
. " for w,hat duratiouandliowwill effect personnel. .. .,.,. -;...
6: Discuss with staff the reasons. b~ehind h~vinganew facility constnlcted,
.. .: lI1c1udingage,'Of tQ.efacility and thefact they provide fire"based EMS
services, . .. ", I' .
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.7. If the contI:actperiod for'writing'thegnip.tis long ifi. 60, 90 or 120 .
. . days, we can break up the project cos~)nto a reasonablepayriient.
, .'s&hedule for the Depar1:n;1ent. ... \' "... ., ".' ; ... , ..
8. I'mestiIDating'the'project cost without moWing more at$4,500to
. . $5;5"00. .Whatevertllefinal figure,I,wouldjJlace aCiip oncosts in pie ..
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The comments of this pre-app are preliminary in nature and subject to change based
upon the submittal of additional or different information, The Planning Commission or City
Council are the final decision making authority of the City, and are not bound by the comments
made by the Staff as part of this pre-application,
ASHLAND PLANNING DEPARTMENT
PRE-APPLICA nON CONFERENCE
COMMENT SHEET
April 29, 2009
SITE: 1860 Ashland Street
APPLICANT: City of Ashland
,REQUEST: Site Review, Exception(s) to
Street Standards, Variance(s)
ZONING:
Low Density Multi-Family Residential (R-2)
LANDSCAPING REQUIREMENTS: 35% of site, size, and species specific landscaping &
irrigation plan required at time of formal application. A void using lawn, Provide irrigation
system.
PARKING, ACCESS, AND INTERNAL CIRCULA nON: As per the requirements of
Chapter 18.92 Off-Street Parking
LOT COVERAGE: A maximum of65% if the lot may be covered with impervious surface.
I
SETBACKS: Standard setbacks for the R-2 zone, with the exception of the front yard, which is
required to be no less than 20-feet because Ashland Street is an arterial street (see AMC 18.68.050),
All building codes and solar access requirements must also be addressed. {Standard setbacks
within the R-2 zoning district require that side yards be a minimum of six feet except the side yard of
a corner lot abut/inga public street shall have a ten-foot setback; rear yard, ten feet plus tenfeetfor
each story in excess of one story.} As depicted it appears that Variances would be required to the
front and sideyard setback requirements.
SIGNS: N/A
OTHER:
Generally: The application is subject to Site Review approval, and because the size ofthe proposed
building will exceed 10,000 square feet a public hearing before the Planning Commission is
required. Applicants should also be aware that a Demolition/Relocation Review Permit is required,
and may involve hearings before the Demolition/Relocation Review Committee. Depending on
impacts of the final proposal to the adjacent right-of-way and park, the application might also need
237 Granite Street
December 3, 2008
Page 1
to be heard before the City Council (if a street vacation were involved) or the Parks Commission (for
impacts to the established park).
Applicable Design Standards: There are no specific site design standards for public buildings in
Ashland, and while the subject property is residentially zoned, public buildings have historically
been held to the Basic Site Review Standards for Commercial, Employment and Industrial
Development. In addition, the property's location on Ashland Street renders it subject to the
Ashland Boulevard Corridor Design Standards. While the property is located just outside of the
Detail Site Review Zone, which would require a significantly more stringent level of review under
more exacting standards, applicants should be aware that the levels of detail and scrutiny in Ashland
generally, and for public projects in particular, set a high bar in terms of architectural detail and
urban design. Without elevation drawings, staff is unable to adequately comment on whether the
proposal addresses the applicable design standards and would strongly suggest that detailed
elevation drawings be reviewed with Planning Staff prior to making formal application. In general,
the proposed five-foot curbside sidewalk is a concern and does not adequately address required
streetscape improvements under Ashland standards. Based strictly on the site plan provided, it
appears that the building is to be oriented to the corner. This is consistent with basic site review
standards; the elevation drawings provided with the final submittal should include a strong sense of
entry to the corner, and the Ashland Boulevard Corridor Standards should be incorporated in terms
of the creating of special pedestrian areas and provisions made for pedestrian amenities (pedestrian
scale lights, refuges, textured masonry, street furniture, etc.)
In staffs view, the building's exterior treatment - its style in relating as a public building to the
long-term development of the urban commercial corridor of Ashland Street, the transition to the
adjacent park/cemetery/neighborhood through the chosen design and materials - should respond to
Ashland's standards, the site and its surroundings. Staff would suggest both the Community
Development & Engineering Services Building and Fire Station #1 as examples where this has been
done effectively.
Ashland Street Frontage Improvements: Ashland Street is a city arterial street (aka boulevard) as
well as being a state highway, and is subject to City of Ashland Street Standards. Required frontage
improvements would include any necessary extension of paving to accommodate bike lanes, curbs,
gutters, a seven- to eight-foot parkrow planting strip, street trees and six-foot sidewalk.
The final sidewalk configuration will need to address anticipated future transitions as well as the
underlying basis ofthe fire station design - i.e. ifthe station design is ultimately intended to relate to
the adjacent park, cemetery and residential neighborhood and carry-on the tree canopy effect to the
streetscape then a seven-foot residential parkrow planting strip would likely be the most appropriate;
on the other hand, if the design ultimately responds more to the urban nature of the future Ashland
Street corridor and wishes to emphasize a strong public space along the Ashland Street frontage,
then a five-foot commercial hardscape parkrow and eight-foot sidewalk would be more appropriate.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 2
Special Setbacks: Properties on Ashland Street from Siskiyou to the city limits are subject to the
arterial street setback requirements which require a 20-foot front yard and also a special 65-foot
setback from the centerline of the right-of-way. As depicted, a small portion of the building intrudes
into the required 10- foot sideyard setback on Sherman, and parts of the building and what appears to
be an arbor intrude into the setback along Ashland Street. Construction of the building as presently
depicted would require a Variance to the front yard setback, and would require a strong
demonstration that there are unique or unusual circumstances, that the need for a Variance is not
self-imposed, and that negative impacts would be outweighed by the benefits of the proposal (i.e.
establishing strong pedestrian streetscape, creating a strong relationship to the street through
enhanced public space, and a strong fa9ade and sense of entry to anchor the building within the
streetscape. )
Sherwood A venue Frontage Improvements: Sherwood is a residential neighborhood street.
Required frontage improvements would include a seven-. to eight-foot parkrow planting strip, street
trees, and a five- to six-foot sidewalk. The standard pavement width is required to be 22- to 28-feet.
Narrowing the street to a 12-foot width, making it a one-way street and removing existing sidewalks
and on-street parking would require an Exception to Street Standards, and given that the site is
adjacent to an existing neighborhood, a well-used neighborhood park and a cemetery this significant
of an alteration to the street will likely be a concern for neighbors and the community, In staffs
view it may be difficult to meet the required burden of pro off or an Exception to Street Standards in
demonstrating that this would result in equal or superior transportation facilities given that Option #2
illustrates a configuration that could accommodate improvements to current street standards. Evell a
private driveway servillg eight-parkillg spaces would be required to have a 20-foot width, alld ill this
case the roadway would be servillg a public park, cemetery, established Ileighborhood, alld
providillg,a potelltial alternative access to the fire statioll if the Ashlalld Street illtersectioll were
ever closedfor all accidellt, road cOllstructioll, etc. Generally speaking, Planning staff would not
typically encourage these types of changes to the street and would instead be looking to retain a
street system in keeping with city street and connectivity standards and long-range projections for
increased density along the Ashland Boulevard corridor.
Parking Requirements: Ashland's Municipal Code does not provide parking calculations specific
to Fire Stations, and there is no discussion of specific requirements in the approval for Station #1.
As such, the Fire Station is considered an "Unspecified Uses" and subject to provisions which state,
"Where automobile parking requirements for any use are not specifically defined in this section,
such requirements shall be determined by the Staff Advisor based upon the most comparable use
specified in this section, and other available data." Obviously, the most comparable example would
be Station #1. In that case, the 15,000 square foot building provided 16 parking spaces. The
specifics of the use will have to be compared - i,e, in addition to being smaller, Station #2 likely
lacks some of the parking demand from administrative staff and the public that is found at Station
#1. Peck Smiley Ettlin Architects likely have all the typical data on comparable parking generation
requirements from the Institute of Traffic Engineers and would be able to provide these details for
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 3
I,
the final application submittal. The parking discussion will also need to address the parking
demand created by the adjacent park on the subject property.
On-street Parking Credits: If required off-street parking is proposed to be provided through on-
street credits, the applicants should be aware that one credit is available for each two spaces
provided up to four credits, and one credit for each space provided thereafter. On street credits
cannot be counted within 20-feet of the intersection. As proposed, it appears that the parking to be
provided equates to credit for nine parking spaces. On-street parking is typically limited to parallel
spaces, with 45-degree diagonal parking allowed with approval of the Public Works Director; the
Public Works Director would need to sign-off on the proposed head-in parking configuration. If on-
street parking were maintained along Sherwood to the south, additional credits would be available
for the full frontage of the parcel.
Traffic Impact Analysis: A traffic impact analysis will be required to be provided with the final
application submittal. See the Engineering Divisions comments below for requirements of this
study. Initially, planning staffhave some concern with the placement of head-in parking and back-in
bays in close proximity to the intersection of a very busy arterial street and would want to see some
assurances of the safety of this arrangement as well as an analysis of the impacts of the proposed
changes on the travel pattern for the surrounding neighborhood and access to the park and cemetery
for bicyclists, pedestrians and autos.
Fire Station Use: Public buildings in general, and fire stations in particular, are not listed as either a
permitted or conditional use within the R-2 zoning district. The application should speak to the
similar use provisions of AMC 18.12,050 to demonstrate that the use proposed is similar to those
listed in type, kind and function and therefore appropriate for the zone. (i.e. present a brief analysis
of the impacts of the fire station versus those of a similar permitted public use such as a school).
Vision Clearance: Vision clearance requirements call for a 25-foot triangle to remain clear of
obstructions greater than 2 Y, feet high at all intersections, The Land Use Ordinance specifically
provides that this requirement, which is in'tended to ensure safety at intersections, is not subject to
Variance. What appears to be an arbor seems to intrude into the vision clearance safety triangle and
will need to be addressed in the final application submittal. (Vision clearance triangles are measured
25-feet back from the property comer along both property lines rather than from the curb at the
intersection. )
Mechanical EquipmentlUtility Installation Screening: The final application submittal should
include specific details of mechanical equipment and utility installations and screening as these
elements directly impact the applicable design standards.
Scaleable Plans: The final application submittal will need to include plans drawn to a standard scale
which can be scaled with an architect's or engineer's scale for review by staff and the Planning
Commission.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 4
Landscape and Irrigation Plan: A species- and size- specific landscape plan must be submitted
with the application. Existing and proposed landscaping must meet the Landscaping section of the
Site Design and Use Standards, and particular attention should be paid to landscape modifications to
along the street frontages of the new building and adjacent to the parking.
Street Trees: I street tree of every 30 feet of street frontage is required to be installed along the
subject property's street frontage. Selected street are required to be chosen from the City of
Ashland Recommended Street Tree Guide and must be irrigated.
Trash/Recycle: The location of the trash / recycling enclosure must be shown on the site plan, sized
and screened in accordance with AMC 18.72,115,
Tree Preservation/Protection - A tree preservation/protection plan in accordance with AMC 18.61
will be necessary to ensure that trees are protected during construction/site disturbance. Given the
proposed construction immediately adjacent to existing, well-established oaks and evergreens, the
final application submittal should include a detailed assessment from a certified arborist which
speaks both to the trees' ability to accommodate the proposed disturbance, and any specific
construction methodologies necessary to protect the trees.
Written Findings/Burden of Proof: This pre-application conference is intended to highlight
significant issues of concern to staff and bring them to the applicant's attention prior to their
preparing a formal application submittal. Applicants are advised that written findings addressing the
ordinance criteria are required, and the applicable criteria and required plans are explained in writing
below, Applicants are also encouraged to consider enlisting the services of a private professional
land-use planner to prepare their application. The burden of proof is on the applica11l(s) to ensure
that all applicable criteria are addressed in writing and that all required plans, writtenfindings, a;/d
other materials are submitted even if those items were not discussed in specific, itemized detail
during this initial pre-application conference.
Neighborhood Outreach: Given the increasing levels of concern with the impacts of development
on established neighborhoods, and the increasing levels of scrutiny for each project, Planning
Division staff always strongly recommend that applicants or their agents approach affected
neighbors to make them aware of proposals and try to address any concerns as early in the design
process as is possible,
,
Demolition Review: Demolition of the eXlstmg structure would be subject to the
Demolition/Relocation Review Permit process, While similar to the land use application, this is a
separate process with different submittal requirements and approval criteria overseen by the
Building Official (or through the Demolition Review Committee on appeal). Building Official Mike
Broomfield can provide full details on these ordinance requirements; he can be reached at 552-2073.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 5
OTHER DEPARTMENTS' COMMENTS
BUILDING DEPT: Copies of Demolition/Relocation Review Ordinance explaining the demo
permit process are available on the website; see Sections 15.04.214 thru 15.04.216 of the Municipal
Code. The Demolition Debris Diversion Table will be forwarded via inter-office mail. Checklist for
permit application will also be forwarded to applicant. Obtain all necessary permits prior to
construction. Please contact Mike Broomfield of the Building Division for any further information
at 552-2073,
CODE COMPLIANCE: For any Code Compliance-related information, please contact Code
Compliance Specialist and Assistant Planner Amy Anderson at 552-2044.
CONSERVATION: The City of Ashland has a rebate program in addition to the state tax credit for
installation or replacement of such appliances as refrigerators, washing machines, and dishwashers.
(Toilets must be replacements.) There are also tax credits available for appliances on the State of
Oregon Department of Energy Tax Credit List. For more information, contact Robbin Pearce in the
City of Ashland's Conservation Division at 552-2062, or email pearcer(clIashland.or.us ,
ENGINEERING:
I. Engineered Plans - Where public improvements are required or proposed, the applicant's
engineer shall submit design plans for approval of all public improvements identified on the
approved plan or as specified in conditions of approval. All design plans must meet the City
of Ashland Public Works Standards. Engineered construction plans and specifications shall
be reviewed and signed by the Public Works Director, prior to construction. All public
facilities within the development will be designed to the City of Ashland Engineering Design
Standards for Public Improvements. The engineered plans shall also conform to the
following:
A. If drawings are submitte,d to the City of Ashland digitally, they shall be compatible
with the AutoCAD release being used by the City at that time or shall be true scale
PDF drawings. All AutoCAD drawings shall be located and oriented within the
Oregon State Plain Coordinate System (NAD83-89),
B. Drawings sizes shall comply with ANSI -defined standards for page width and height.
Review drawings may be submitted in B size (1Ix17). Bidding and construction
documents may also be printed at B size, however all final as-constructed drawings
must be submitted to scale on D-size (24x36) Mylar. Digital files of the as-
constructed drawings shall also be submitted, Drawings shall be drawn such that
reduction of plans from full size (D sized) to half size (B sized) can be done to
maintain a true scale on the half-sized plans.
2. TIA (Transportation Impact Analysis) - All land use actions that either propose direct or
indirect access to a State highway or a boulevard will need to provide the City of Ashland
with the information outlined below. The governing jurisdiction will then inform ODOT of
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 6
the intended land use action and provide pertinent review material. These guidelines are
intended to ensure that developments do not negatively impact the operation and/or safety of
the roadway.
A. Applicants must submit a preliminary site plan for review to the City of Ashland,
prior to the pre-application conference. At a minimum, the site plan shall illustrate:
1. The location of existing access point(s) on both sides of the road within 500
feet in each direction for Category 4 segments or 5 lane boulevards, and 300
feet for Category 5 segments and 3 lane arterials;
2, Distances to neighboring constructed public access points, median openings,
traffic signals, intersections, and other transportation features on both sides of
the property (this should include the section of roadway between the nearest
upstream and downstream collector);
3. Number and direction of site access driveway lanes to be constructed, as well
as an internal signing and striping plan;
4. All planned transportation features on the State highwaylboulevard (such as
auxiliary lanes, signals, etc.);
5, Trip generation data or appropriate traffic studies (See the following section
for the state's traffic impact study requirement thresholds.);
6, Parking and internal circulation plan;
7. Plat map showing property lines, right of way, and ownership of abutting
properties;
8. A detailed description and justification of any requested access variances;
B. Proposed land use actions, new developments, and/or redevelopment accessing a
State highwaylboulevard, directly or indirectly (via collector or local streets), will
need to provide traffic impact studies to the respective local reviewingjurisdiction(s)
and ODOT, if the proposed land use meets one or more of the following traffic
impact study thresholds. A traffic impact study will not be required of a
development that does not exceed the stated thresholds.
1. Trip Generation Threshold: 50 newly generated.vehicle trips (inbound and
outbound) during the adjacent street peak hour;
2. Mitigation Threshold: Installation of any traffic control device and/or
construction of any geometric improvements that will affect the progression
or operation of traffic traveling on, entering, or exiting the highway;
3. Heavy Vehicle Trip Generation Threshold: 20 newly generated heavy
vehicle trips (inbound and outbound) during the day;
4. All traffic impact studies will need to be prepared by a registered professional
engineer in accordance with ODOT's development review guidelines.
C. Traffic Impact Study Requirements
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 7
1. The following is a summary of the Oregon State Highway mInImum
requirements for a traffic report, ODOT views the following requirements as
the minimum considerations to be dealt with by Professional Traffic
Engineering Consultants in their analysis of traffic impacts resulting from
new developments adjacent to State highways,
2. The analysis shall include alternates other than what the developer originally
submits as a proposal for access to state highways, city streets, and county
roads.
3. The analysis of alternate access proposals shall include:
(a) Existing daily and appropriate design peak hour counts by traffic
movement~, at intersections which would be affected by traffic
generated by the development (use traffic flow diagrams).
(b) Projected daily and appropriate design peak hour volumes for these
same intersections, and at the proposed access points after completion
of the development. If the development is to be constructed in
phases, projected traffic volumes at the completion of each phase
should be determined.
(c) Trip Generation shall be calculated using the Institute of
Transportation Engineers' manual "TRIP GENERATION 5th
Edition" or other, more current, and/or applicable information.
(d) A determination of the need for a traffic signal based on warrants in
the "Manual on Uniform Traffic Control Devices."
4. The recommendations made in the report should be specific and. shall be
based on a minimum level of service "0" when the development is in full
service. As an example, if a traffic signal is recommended, the
recommendations should include the type of traffic signal control and what
movements should be signalized. If a storage lane for right turns or left turns
is needed, the recommendations should include the amount of storage
needed. If several intersections are involved for signalization, and an
interconnect system is considered, specific analysis should be made
concerning progression of traffic between intersections.
5. The internal circulation of parking lots must be analyzed to the extent that it
can be determined whether the points of access will operate properly,
6. The report shall include an analysis of the impacts to neighboring driveway
access points and adjacent streets affected by the proposed new development
dri veways.
7. The report should include a discussion of bike and pedestrian usage and the
availability of mass transit to serve the development.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 8
3. Street Improvement - No additional street improvements will be required at this time, but
the proposed improvements must be reviewed by the City of Ashland Engineering
Department.
4. Right of Way - No additional right of way dedication will be required at this time.
5. Sanitary Sewer - The property is served by a 6-in sanitary sewer main in Ashland Street. No
additional improvements will be required at this time.
6. Water - The property is served by a 4-in water main in Sherwood A venue. No additional
improvements will be required at this time.
7. Storm Drainage - The property is served by a 12-in storm sewer main in Ashland Street.
Engineering Department must review an engineered storm drainage plan. The post-
development peak flow must be less than or equal to the pre-development peak flow for the
site as a whole. The overall storm drainage system must be designed to meet this
requirement. Applicant shall also include storm water quality mitigation as part of the
design.
8. Driveway Access - Engineering Department must'review the placement of the proposed
driveway to this parcel.
9. Permits- Any construction within the public right of way will require a Public Works permit
and before any work in the right of way commences all necessary permits must be obtained
10. Addresses - Any new addresses must be assigned by Engineering Department.
II. As-Builts - Where public improvements are required or completed, the developer shall submit
to the City of Ashland, reproducible as-built drawings and an electronic file of all public
improvements constructed during and in conjunction with this project. Field changes made
during construction shall be drafted to the drawings in the same manner as the original plans
with clear indication of all modifications (strike out old with new added beside). As-built
drawings shall be submitted prior to firial acceptance of the construction, initiating the one-
year maintenance period.
Please contact Karl Johnson of the Engineering Division for any further information at 552-2415. .
FIRE DEPARTMENT: See Fire Department comments at the end of this document. Please contact
Division Chief Margueritte Hickman of the Fire Department for information at 552-2229.
STREETS AND TRANSPORTATION: No additional comments. Please contact Karl Johnson of
the Engineering Division for any further information at 552-2415.
WATER AND SEWER SERVICE: "Water: OK. Upgrades of the water service can be done
from Sherman St. or Ashland St. if needed." Please contact Terry Oldfield of the Water Quality
Division for any further information at 552-2326.
STORM WATER DRAINAGE: No additional comments. Please contact Karl Johnson of the
Engineering Division for any further information at 552-2415.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 9
ELECTRIC SERVICE: Please contact Dave Tygerson in the Electric Department for service
requirements and fee information at 488-5357. Sounds like a multiple-level building which may
require a three-phase service for possible elevator, heating and air units.
PROCEDURE: Type II - Public Hearing (the size of the proposed building exceeds 10.000
square feet and requires that it be reviewed and approved through a public hearing before the
Planning Commission.)
Application Materials
Two (2) Copies of Plans as required for Site Review in 18.72.060.
A. Project name.
B. Vicinity map.
C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) The
Staff Advisor may authorize different scales and plan sheet sizes for projects,
provided the plans provide sufficient information to clearly identify and evaluate the
application request.
D. North arrow.
E. Date.
F. Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development.
G. Lot layout with dimensions for all lot lines.
H. Zoning designations of the proposed development.
I. Zoning designations adjacent to the proposed development.
J. Location and use of all proposed and existing buildings, fences and structures within
the proposed development. Indicate which buildings are to remain and which are to
be removed.
K. Location and size of all public utilities in and adjacent to the proposed development
with the locations shown of:
1. Water lines and meter sizes.
2. Sewers, manholes and cleanouts.
3. Storm drainage and catch basins.
4. Opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
L. The proposed location of:
1. Connection to the City water system.
2. Connection to the City sewer system.
3. Connection to the City electric utility system.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 10
4. The proposed method of drainage of the site.
M. Location of drainage ways or public utility easements in and adjacent to the
proposed development.
N. Location, size and use of all contemplated and existing public areas within the
proposed development.
O. All fire hydrants proposed to be located near the site and all fire hydrants proposed
to be located within the site.
P. A topographic map of the site at a contour interval of at least five (5) feet.
Q. Location of all parking areas and all parking spaces, ingress and egress on the site,
and on-site circulation.
R. Use designations for all areas not covered by building.
S. Locations of all existing natural features including, but not limited to, any existing
trees of a caliber greater than six inches diameter at breast height, except in
forested areas, and any natural drainage ways or creeks existing on the site, and
any outcroppings of rocks, boulders, etc. Indicate any contemplated modifications
to a natural feature.
T. A landscape plan showing the location, type and variety, size and any other
pertinent features of the proposed landscaping and plantings. At time of installation,
such plans shall include a layout of irrigation facilities and ensure the plantings will
continue to grow.
U. The elevations and locations of all proposed signs for the development.
V. For non-residential developments proposed on properties located in a Historic
District, an exterior wall section, window section and drawings of architectural details
(e.g. column width, cornice and base detail, relief and projection, etc.) drawn to a
scale of three-fourths (3/4) of an inch equals one (1) foot or larger.
W. Exterior elevations of all buildings to be proposed on the site. Such plans shall
indicate the material, color, texture, shape and other design features of the building,
including all mechanical devices. Elevations shall be submitted drawn to scale of
one inch equals ten feet or greater.
X A written summary showing the following:
1, For commercial and industrial developments:
a. The square footage con1ained in the area proposed to be developed.
b. The percentage of the lot covered by structures.
c. The percentage of the lot covered by other impervious surfaces.
d. The total number of parking spaces.
e. The total square footage of all landscaped areas.
2. For residential developments:
a. The total square footage in the development.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 11
'-
b. The number of dwelling units in the development (include the units by
the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two-
bedroom, etc).
c. Percentage of lot coverage by:
i. Structures.
ii. Streets and roads.
iii. Recreation areas.
iv. Landscaping.
v. Parking areas.
3. For all developments, the following shall also be required: The method and
type of energy proposed to be used for heating, cooling and lighting of the
building, and the approximate annual amount of energy used per each
source and the methods used to make the approximation.
Two (2) copies ofthe above plans on 8.5" xII". Note: The 8.5" xII" copies are used for the
Planning Commission packet and for the notices mailed to neighbors. Please submit clear,
reproducible copies.
Two (2) Copies of a Tree Protection Plan as required in AMC 18.61.200.
A. Tree Protection Plan Required.
1. A Tree Protection Plan approved by the Staff Advisor shall be required prior
to conducting any development activities including, but not limited to clearing,
grading, excavation, or demolition work on a property or site, which requires
a planning action or building permit.
2. In order to obtain approval of a Tree Protection Plan; an applicant shall
submit a plan to the City, which clearly depicts all trees to be preserved
and/or removed on the site. The plan must be drawn to scale and include the
following:
a. Location, species, and diameter of each tree on site and within 15 feet
of the site;
b. Location of the drip line of each tree;
c. Location of existing and proposed roads, water, sanitary and storm
sewer, irrigation, and other utility Iines/facilities and easements;
d. Location of dry wells, drain lines and soakage trenches;
e. Location of proposed and existing structures;
f. Grade change or cut and fill during or after construction;
g. Existing and proposed impervious surfaces;
h. Identification of a contact person and/or arborist who will be
1860 Ashland Street -;- Fire Station #2
April 29, 2009
Page 12
responsible for implementing and maintaining the approved tree
protection plan; and
i. Location and type of tree protection measures to be installed per AMC
18.61.230.
3. . For development requiring a planning action, the Tree Preservation Plan shall
include an inventory of all trees on site, their health or hazard condition, and
recommendations for treatment for each tree.
B. Tree Protection Measures Required.
1. Except as otherwise determined by the Staff Advisor, all required tree
protection measures set forth in this section shall be instituted prior to any
development activities, including, but not limited to clearing, grading,
excavation or demolition work, and shall be removed only after completion of
all construction activity, including landscaping and irrigation installation.
2. Chain link fencing, a minimum of six feet tall with steel posts placed no
farther than ten feet apart, shall be installed at the edge of the tree protection
zone or dripline, whichever is greater, and at the boundary of any open space
tracts, riparian areas, or conservation easements that abut the parcel being
developed.
3. The fencing shall be flush with the initial undisturbed grade.
4. Approved signs shall be attached to the chain link fencing stating that inside
the fencing is a tree protection zone, not to be disturbed unless prior approval
has been obtained from the Staff Advisor for the project.
5. No construction activity shall occur within the tree protection zone, including,
but not limited to dumping or storage of materials such as building supplies,
soil, waste items, equipment, or parked vehicles.
6. The tree protection zone shall remain free of chemically injurious materials
and liquids such as paints, thinners, cleaning solutions, petroleum products,
and concrete or dry wall excess, construction debris, or m-off.
7. No excavation, trenching, grading, root pruning or other activity shall occur
within the tree protection zone unless approved by the Staff Advisor.
C. Inspection. The applicant shall not proceed with any construction activity, except
installation of erosion control measures, until the City has inspected and approved
the installation of the required tree protection measures and a building and/or
grading permit has been issued by the City.
Two (2) copies of written findings addressing the following criteria from Chapter ]8.72 for
Site Review approval:
A. All applicable City ordinances have been met or will be met by the proposed
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 13
/-
development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
NOTE: The following sections ofthe Site Design and Use Standards must be
addressed in the written findings.
- Landscaping
- Basic Site Review Standards for Multi-Family Development
- Parking Lot Landscaping and Screening Standards
- Street Tree Standards
- Ashland Boulevard Corridor Standards
p. I3
pp. ] 7-19
pp. 29-30
pp.3]-32
pp.47-49
D. That adequate capacity of City facilities for water, sewer,'paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All
improvements in the street right-of-way shall comply with the Street Standards in
Chapter 18.88, Performance Standards Options.
Two (2) copies of written findings addressing the criteria for a Variance set forth in AMC
18.]00 (if a Variance is ultimately included in the submittal request):
A. That there are unique or unusual circumstances which apply to this site which do not
typically apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the
development of the adjacent uses; and will further the purpose and intent of this
ordinance and the Comprehensive Plan of the City.
C. That the circumstances or conditions have not been willfully or purposely
self-imposed.
Two (2) copies of written findings addressing the criteria for an Exception to Street
Standards set forth in AMC 18.88.0S0.F (if the final proposal includes improvements which
would require an Exception...)
F. Exception to Street Standards. An exception to the Street Standards is not subject
to the Variance requirements of section 18.100 and may be granted with respect to
the Street Standards in 18.88.050 if all of the following circumstances are found to
exist:
A. There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the
site.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 14
B. The variance will result in equal or superior transportation facilities and
connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the
Performance Standards Options Chapter.
UPCOMING APPLICATION DEADLINES:
UPCOMING PC MEETINGS:
FEES:
First Friday of the month
Second Tuesday of the following month
Site Review - $1836+Y, % of project value
Variance (Type I) - $917
Variance (Type II) - $1836
"NOTE: Applications are accepted on a first come-first served basis. All applications received are
reviewed by staff, and must be found to be complete before being processed or scheduled at a
Planning Commission meeting. Applications will not be accepted without a complete application
form signed by the applicant(s) and property owner(s), all required materials and full payment.
Applications are reviewed for completeness in accordance with ORS 227.178. The first fifteen
COMPLETE applications submitted are processed at the next available Planning Commission
meeting.
April 29. 2009
Date
Derek Severson, Associate Planner
552.2040, seversod0lashland.or.us
] 860 Ashland Street - Fire Station #2
April 29,2009
\PagelS.
Ashland Fire & Rescue
Pre-Application Comments
Date: 4/28/09
Contact: Margueritte Hickman
552-2229
Phone: Permit Number: PL-2009-00456
Fire department comments are based upon the 2007 Oregon Fire Ccide as adopted by the Ashland
Municipal Code:
Description:
Applicant:
1860 Ashland Street
City of Ashland
Fire Flow - Fire flow is determined by table B 105.1 in Appendix B of the Oregon Fire Code. An
increase or reduction as referenced by this code section may be required or allowed. Square footage
of a structure for the purpose of determining fire flow includes all areas under the roof including
garages, covered decks, basements and storage areas. A fire flow reduction of up to 75% can be
allowed with the installation of a fire sprinkler system. It appears that fire flow will be met with the
existing hydrants.
Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a
driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed
300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are
installed. It appears that hydrant distance requirements have been met.
Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in
contrast to its background, and shall be plainly visible and legible from the street fronting the
property. All premises identification, street signs and building numbers, must be in place with
temporary signs when construction begins and permanent signage prior to issuance of any
occupancy.
The applicant has requested that the Fire Marshal provide comment regarding fire sprinklers;
however, that is the Building Official's responsibility. Based on the Fire Marshal's discussion with
other Fire Marshals, it appears that fire stations are currently being required to be fire sprinklered.
Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements
will be based upon plans submitted for Building Permit review. Changes from plans
submitted with this application can result in further requirements. Any future construction
must meet fire code requirements in effect at that time.
The fire department contact for this project is Fire Marshal Margueritte Hickman. She may
be contacted at (541) 552-2229 or hickmanm@ashland.or.us.
1860 Ashland Street - Fire Station #2
April 29, 2009
Page 16
CITY OF
ASHLAND
Planning Department
51 Winburn WilY. Ashland. OR 97520
PRE-APPLICATION CONFERENCE APPLICATION
I DESCRIPTION OF PROJECT
ProJeclDescription h, l"1"'h"" .:112 ~/)/c,u,~~"r
I APPLICANT
Name G~d' Ahlc.-"J - 4,,, Jd/,~r
Phone ,J.:J.1. . .2/0& E.Mail C~n (' OJ;'!..,,';. dr_ <0
Address _ ;(O-5~!.L/1::1":::!_}L-______._.__
Cily.Lh/; k"J
Zip 'J /0'> Co
I PROPERTY OWNER
Name G~ c/ AsJ,lo"j
Address ;2.() c"C;d M",,~, .sf
. Day rime Phone )oS-.2 - ~ 10(
City _ 4,r/1/Lu./
Zip 9?u,lC:
I DESCRIPTION OF PROPERTY
Slreet Address /fr',,;o ,LJ,I!lI'~",.1 .)1-
Assessor's Map No. 39 1 E /.) /1.-9 Tax Lot(s) 6.1. =
SUBMITTAL REQUIREMENTS
To request a Pre-Application conlerence, submit this form with one (1) scalable set of plans no larger than 11"x17"
and/or 1 PDF format electronic copy. An addilional submittal of 1 large-format sel of plaos (no larger Ihan 2'x3') is optional.
Include the following information plus your submittal fee of $120.00 (check. Visa. Mastercard or cash accepled):
1. Narrative - Provide a written description of proposal and request. (If in Historic Districl. provide pictures of existing
struclures. elevations 01 proposed SlruClures and details of planned exterior design features and malerials)
2. Site Plan - The sile plan should contain all applicable elements in the Sile Plan Checklisl (see reverse) plus any other
informalion pertinent to this proposal. The site plan will be checked 10 insure all applicable informalion is included allhe
lime the pre-applicalion date is set.
3. Additional information - Provide in Ihe narralive or with the site plan:
1) Number of acres in developmenl:
2) T olal gross square loolage 01 all structures
3) Number 01 stories on each struclure
4) Indicale number of and square footage of:
a) dwelling units (inClude the Units by the number 01 bedrooms in each unit - e.g. 10 l-bedroom. 25 2.bedroom. elc)
b) office spaces
c) retail units
d) other spaces
5) Percentage of lot coverage by:
a) Struclures
b) Streets & Roads
c) Parking Areas/Driveways
d) Recrealion Areas
e) LandSl:aping
n Number of parking spaces
g) T olal square foolage of landSl:aped areas.
h) Other pertinent inlormalion of Ihe proposed developmenl
4. Submittal Fee
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APR 1 3 2009
CITY OF
ASHLAND
- (y.: ~ f .'" ~': ..:~!
Co:.r,mun;ry ~'.. '':;:';;:If';nt
April 3, 2009
City of Ashland
Dept of Community Development
51 Winburn Wy
Ashland, OR 97520
Pre-Application SubmittJal:
Project Name:
Address:
Assessor's Map and Taxlot:
Action(s) Requested:
Fire Station #2 Replacement
1860 Ashland St '
391 E 15AA 6200
Demolition Review & Commercial Site Review
The City of Ashland is requesting a pre-application conference to present and discuss a
potential replacement of Fire Station #2 on the current location. address and taxlot
provided above. The request is for a commercial site review and the applicant also
understands that a Demolition Review for the removal of the existing fire station
structure would need to accompany the Site Review Approval.
The applicant would appreciate any detailed information from the Building Safety
Division regarding the Demolition Review, as it is understood and acknowledged that
the Demolition Review process falls outside of the land use process and is handled
directly by the Building Safety Division in a separate formal application process.
Site & Project Background:
The subject property is located at the SE corner of Ashland and Sherwood Streets in
Ashland. The R-2 zoned property currently contains one primary structure, which is the.
current Fire Station #2. located along the Ashland St frontage on the north portion of the
property. The 2,866 square foot structure was constructed in 1966 after the purchase of
the approximately 12,000 sq ft parcel in 1965.
. The subject property also contains Sherwood Park, a City Park operated and
maintained by the Ashland Parks & Recreation Dept. Sherwood Park covers the
remaining roughly 30,000 square feet (.75 acre) of the now combined 1.05 acre single
parcel. The Sherwood Park portion of the property contains a small Rublic restroom
AOMtNtSTRATION DEPT
20 E. Main Street
Ashland. Oregon 97520
www.ashfand.Of.us
Tel: 541/488-6002
Fax: 541-/488-6006
TTY, 800173;"2900
.....
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building, recreational structures (swings, slides, etc) and also has several mature trees.
and three to four other trees that meet the six inch' or greater standard for being
inventoried.
Proposal:
Due to the age of the structure and the growth of the communities need for fire
protection services in the 40 plus years since the building was originally constructed, the
applicant is proposing to remove the existing 2,866 sq ft structure and replace it with a
10,478 square foot structure. with a building footprint of roughly 7,200 square feet. The
replacement station will remain completely within the current Fire Station portion of the
overall parcel. Careful attention is being placed on mitigating any negative impacts to
the use and enjoyment of the Sherwood Park portion of the property.
Site Desiqn
As shown on the attached site plans and elevations, there are two fundamental changes
from the current Configuration. The first is that the fire apparatus and ambulance bays
will face Sherwood Street rather than the current Ashland St configuration. This should
mitigate some of the traffic safety concerns with the equipment returning to the station
after a call that currently requires Fire Dept Staff to temporarily re-route traffic on
Ashland St to back the equipment into the bays.
The second change is in the' mass of the structure and its relationship with the Ashland
Street streetscape. While no specific elevation designs have yet been completed, the
two story portion of the building will be situated on the Ashland Street frontage providing
a strong presence for that streets cape. Additionally, the public and staff entrances will
be oriented to the corner of the building closest to the Sherwood/Ashland St intersection
to provide a solid sense of entry.
The first floor of the structure will house the office spaces, training/conference room,
kitchen. dining and storage areas. while the second level contains sleeping quarters and
exercise areas. In addition, the lobby area is intended to also allow public use of the
proposed restrooms.
Circulation
The three single story equipment bays extend south from the two story portion of the
building and house two pieces of equipment per bay. Due to the constraints and shape
of the parcel, the bays will continue to be back-in bays, but the configuration with
access from Sherwood Street results in the temporary traffic alteration being done on a
lesser order street with far smaller ADT than Ashland Street.
Vehicle and Bike Parkinq
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AOMINISTRATtON OEPT
20 E. Main Street
Ashland. Oregon 97520
WW'V",ashlandor.us
Tel: 54 1/488--6002
Fax; 541-/488-6006
TTY, 8001735-2900
APR 1 3 2009
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Due to the very specific use and nature of this proposal, the applicant would like Staffs
feedback on the required number of vehicle and bike parking spaces required as the
site constraints have made it difficult to place an off-street surface parking lot for staff
and visitors to the site.
There are several potential on-street parking configurations that will require Planning
and Public Works consideration and the applicant would appreciate evaluation of
options for parking placement on the site as well as for potential modifications in the
current right of way to accommodate the needed parking. The relatively wide 47 foot
overall right of way of Sherwood Avenue does provide potential options for increased on
street parking while maintaining full access.
The parking and right of way modification design shown on the attached site plan #1
was an initial design consideration of the applicant. Site plan #2 shows an alternate use
of the right of way that lessens the traffic circulation impacts to the neighborhood and
maintains the ability for two travel lanes with parking on one or both sides (assuming
that Sherwood Avenue meets the standards as a residential neighborhood street.
As stated above. it is the applicant's desire and intent to minimize and mitigate any
impacts on Sherwood Park and traffic patterns in the immediate neighborhood so input
from Planning and Public Works would be very helpful in evaluating available options.
The requirements for and number of handicap spaces would also be helpful in the
ultimate design and layout of vehicle parking.
Bicycle parking can be placed in a number of locations on the site and will be shown on
the formal submittal after an identified number of spaces is determined based on the
final vehicle parking requirements.
LandscapinQ
Again, the parking requirements and location have an impact on the overall landscaping
for the site; however, with over three quarters of the parcel landscaped and used as a
public park, it is not clear how the landscape percentage requirements apply to this site
review application.
Utilities
Existing utilities to the .site should be adequate for the project as no significant utility
needs will result from the replacement structure. The, applicant would appreciate any
information from the Electric Dept if any transformer installation will be required.
Additionally, the Fire Marshal's input regarding fire sprinklers and any corresponding
upsizing of the water service would be helpful at this stage in the design process.
~~:-:~ ~,,:'.::. .~J
ADMtNtSTRA nON DEPT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541/488-6002
Fax: 541-/488-6006
TTY, 6001735-2900
APR 1 3 2009
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Conclusion:
The applicant is pursuing federal stimulus funding for this project, consequently some of
the details of the project design are still a work in progress that would ordinarily be
addressed in the pre-application materials. The applicant would be glad to schedule
regular updates or be working on specific project details as the review is happening in
attempts of expediting the process as much as possible without interfering with the
thorough review of the project from all of the participating Departments and agencies.
As the project moves forward, the applicant will be contacting those in the immediate
neighborhood about the project and asking for input and feedback on the final design
between the time of the pre-application conference and the formal submittal.
Please contact Ann Seltzer at 552-2106 or ann@ashland.or.us if there are any
additional project details that would be helpful or needed before the pre-application
conference date.
n ~.'. (" ~~;\r; .
APR 13 2C.)
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Communil, ;.:,,:;..0['_. '. .,~,:;t
ADMINISTRATION DEPT
20 E. Main Street
Ashland. Oregon 97520
WNW.ashland,Q(.us
Tel: 541/488-6002
Fax: 541-/488-6006
TTY; 8001735-2900
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'I"."""''' "V'I"(I~
C I t yO F
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Franchise & Lease Agreement
June 2, 2009 Primary Staff Contact:
Information Technology E-Mail:
Legal Secondary Contact:
Martha Benne Estimated Time:
Question:
Should the City Council execute the Ashland Home Net Cable Television System Franchise and the
Cable Headend System Lease and Transfer Agreement?
Michael Ainsworth
ainsworm@ashland.or.us
Megan Thornton
Consent Agenda
Staff Recommendation:
The Information Technology Department and the City's Legal Department recommend approval of the
franchise and lease agreements.
Background:
The City's current Contract for Cable Television Services with AHN allows AHN to assume AFN's
cable services franchise agreement. The franchise between the City and AFN for cable services needs
to be replaced by a franchise Agreement directly between the City and AHN because AFN is no longer
a cable operator and does not need a cable franchise. In addition to the franchise between the City and
AHN, a lease of the City's Cable Headend System will also be necessary because AFN owns the
equipment that AHN uses to provide its cable services. Providing AHN with a franchise will better
serve AHN and the City because the proposed franchise and lease better reflect the intent and the
current practices of the parties.
Related City Policies:
AMC Title 16.
Council Options:
(I) Grant the franchise and lease to AHN.
(2) Do not grant the franchise and lease to AHN.
Potential Motions:
Motion to approve attached Cable Headend System Lease and Transfer Agreement and Cable
Television System Franchise Agreement with AHN.
Attachments:
Cable Television System Franchise Agreement
Cable Headend System Lease and Transfer Agreement
Page I of I
-..
r_'1
CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT
Cable Services Franchise Agreement ("agreement") dated December _' 2009, between the
City of Ashland and Ashland Home Net Corporation (AHN), ("Grantee").
Recitals:
A. AHN is a cable service provider in the City of Ashland and has requested a franchise
to, operate and maintain a cable television system within the City of Ashland;
B. City is authorized to grant one or more nonexclusive franchises to construct, operate,
and maintain a cable television system within the city limits; and
C. Grantee is willing to accept this agreement and to abide by the terms and conditions;
City and Grantee agree:
1. Definitions. For the purposes of this agreement, the following terms, phrases, words and
their derivations shall have the meaning set forth below. When not inconsistent with the context,
words used in the present tense include the future, words in the plural include the singular, and
words in the singular include the plural. Words not defined shall be given their common and
ordinary meaning. The word "shall" is always mandatory and not merely directory.
1.1. Access means the availability for noncommercial use by various agencies,
institutions, organizations, groups and individuals in the community, including City and its
designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service,
and signals as permitted under applicable law, including, but not limited to:
1.1.1. Public Access which means Access where organizations, groups or
individual members of the general public, on a nondiscriminatory basis, are the primary users;
1.1.2. Educational Access which means Access where schools and
educational institutions are the primary users of programming and service
1.1.3. Governmental Access which means Access where governmental
institutions are the primary users of programming and service; and
1.1.4. PEG Access which means Public Access, Educational Access, and
Governmental Access, collectively.
1.2. Access Channel means any Channel, or portion of any Channel, designated for
non-commercial Access purposes or otherwise made available to facilitate or transmit Access
programming or service.
1.3. Basic Service means any service tier which includes the retransmission of local
television broadcast signals and PEG Access Channels.
1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the Cable
Television Consumer Protection and Competition'Act of 1992 and any amendments, including
those contained in the Telecommunications Act of 1996.
2009-2014 AHN CATV Franchise
Page 1 of 29
1.5. Cable Operator means any Person or group of Persons, including Grantee, who
provide Cable Service over a Cable System and directly owns a significant interest in such
Cable System, or who otherwise control or are responsible for, through any arrangement, the
management and operation of such a Cable System.
1.6. Cable Service means the one-way transmission to Subscribers of video
programming or other programming service and Subscriber interaction. if any, which is required
for the selection or use of such video programming or other programming service.
1.7. Cable System means a facility, consisting of a set of dosed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide
Cable Service which includes video programming and which is provided to multiple Subscribers
within a community, but such term does not include (1) a facility that serves only to retransmit
the television signals of one or more television broadcast stations; (2) a facility that serves
Subscribers without using any public right-of-way; (3) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of the Federal Communications Act (47
U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for
purposes of Section 621 (c) (47 U.S.C. 541 (c)) to the extent such facility is used in the
transmission of video programming directly to Subscribers, unless the extent of such use is
solely to provide interactive on-demand service; (4) an open video system that complies with
federal statutes; or (5) any facilities of any electric utility used solely for operating its electric
utility systems.
1.8. Channel means a portion of the electromagnetic frequency spectrum which is used
in a cable system and which is capable of delivering video signal whether in an analog or digital
format. This definition does not restrict the use of any channel to the transmission of analog
video signals.
1.9. Downstream means the transmission from the Headend to remote points on the
Cable System.
1.10. FCC means the Federal Communications Commission.
1.11. Franchise Area means the area within the city limits of Ashland as they now exist
or as they may be amended in the future.
1.12. Gross Revenues means all revenues of Grantee, in any way derived from the
operation of the Cable System to provide Cable Services in the Agreement Area. Gross
Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for
any Basic, optional, premium, per-channel, or per-program service; installation, disconnection,
reconnection, and change-in-service fees; leased channel fees; late fees and administrative
fees; revenues from rentals or sales of converters or other equipment; advertising sales
revenues; revenues from program guides; and revenues from home shopping channels. The
term "Gross Revenues" encompasses any and all revenue of any kind, form or nature including
franchise fees passed through by Grantee to Subscribers, except that the term does not include
sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the
exception of recovered bad debt, "Gross Revenues" shall not include bad debt. Gross
Revenues shall not include any taxes, fees or assessments of general applicability collected by
the Grantee from subscribers for pass-through to a government agency, including, the FCC
User Fee.
2009-2014 AHN CATV Franchise
Page 2 of 29
1.13. Headend means a facility for signal reception and dissemination on a Cable
System, including cables, antennas, wires, satellite dishes, monitors, switches, modulators,
processors and all other related equipment and facilities.
1.14. Interconnection means the provision by Grantee of technical, engine'ering,
physical, and all other necessary components to maintain a physical linking of Grantee's Cable
System and Cable Service or any designated Channel or signal pathway with neighboring Cable
Systems, so that Cable Service of technically adequate quality may be sent to, and received
from, other systems in accordance with this agreement.
1.15. Leased Access means the use of Channel capacity designated for commercial
use by Persons unaffiliated with Grantee as defined in Section 612 of the Cable Act.
1.16. Origination Point means a location where Public, Educational, or Governmental
use programming is delivered to the Grantee for Upstream transmission.
1.17. Person means any individual, natural Person, sole proprietorship, partnership,
association, or corporation, or any other form of entity or organization.
1.18. Public Rights of Way include, but are not limited to, streets, roads, highways,
bridges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways,
including the subsurface under and air space over these areas, excluding parks and parkways,
but only to the extent of City's right, title, interest, or authority to grant a franchise to occupy and
use such streets and easements for a Cable System and only to the extent that sufficient
capacity exists for a Cable System. "Public rights of way" shall also include any easement
granted to or owned by City or County and acquired, established, dedicated, or devoted for
public utility purposes.
1.19. Quarterly, or quarter, means the standard calendar periods of January 1 -
March 31, April 1 - June 30, July 1 - September 30, and October 1 - December 31, unless
otherwise specified in this agreement.
1.20. School means any accredited educational institution, public or private, including,
but not limited to, primary and secondary schools, and colleges and universities.
1.21. Street means each of the following which have been dedicated to the public, or
which may be dedicated to the public in the future, and maintained under public authority or by
others and located within the Franchise Area: Streets, roadways, highways, avenues, lanes,
alleys, sidewalks, easements, rights-of-way and other public ways.
1.22. Subscriber means any Person who elects to subscribe to, for any purpose,
Cable Service provided by Grantee by means of, or in connection with, the Cable System, and
whose premises are physically wired and lawfully activated to receive Cable Service from'
Grantee's Cable System.
1.22.1. Commercial Subscriber means any Subscriber other than a Residential
Subscriber.
1.22.2. Residential Subscriber means any Person who contracts individually for
Cable Service to a residence, whether that residence is a single family unit or located in a
multiple dwelling unit.
2009-2014 AHN CATV Franchise
Page 3 of 29
.1.23. Telecommunications, Telecommunications Facilities and
Telecommunications Services have the same meaning as set forth in Ashland Municipal
Code Title 16.
1.24. Upstream means the carrying of a transmission to the Headend from remote
points on the Cable System.
2. Grant of Franchise.
2.1 Grant.
2.1.1. City grants to Grantee in the public interest a nonexclusive and revocable
authorization to make lawful use of the Streets and Public Rights of Way within the Franchise
Area to construct, operate, maintain, reconstruct, and repair a Cable System for the purpose of
providing Cable Services. However, nothing in this agreement prohibits or limits the parties
from entering into other agreements, leases, or contracts regarding Grantee's authorization to
make lawful use of the Streets and Public Rights of Way provided that such other agreements
specifically states whether this franchise agreement controls in the event of a conflict between
the language in the documents.
2.1.2. This agreement is intended to convey limited rights and interests only as
to those Streets and Public Rights of Way, in which the City has an actual interest. It is not a
warranty of title or interest in any right-of-way, it does not provide the Grantee any interest in
any particular location within the right-of-way, and it does not confer rights other than as
expressly provided in this agreement. This agreement does not deprive the City of any powers,
rights, or privileges it now has, or may acquire in the future, to use, perform work on, or regulate
the use and control of the City's Streets covered by this agreement, including without limitation,
the right to perform work on its roadways, rights-of-way, or appurtenant drainage facilities,
including constructing, altering, paving, widening, grading, or excavating.,
2.1.3. This agreement authorizes Grantee to engage in providing Cable Service,
as that term is defined in 47 U.S.C. Sec. 522(6) as amended. This agreement shall not be
interpreted to prevent the City from imposing lawful additional conditions, including additional
compensation conditions for use of the rights-of-way should Grantee provide service other than
Cable Service so long as similar conditions are also imposed on other similarly situated rights-
of-way users. Nothing in this agreement shall be interpreted to prevent Grantee from
challenging the lawfulness or enforceability of any provisions of applicable law.
2.1.4. Grantee promises and guarantees as a condition of exercising the
privileges granted by this agreement, that any joint venture or partner of the Grantee directly
involved in the offering of Cable Service in the Franchise Area, or directly involved in the
management or operation of the Cable SystefTl in the Franchise Area, will also comply with the
terms and conditions of this agreement.
2.2. Use of Public Streets and Ways. Subject to City's supervision and control,
Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under,
upon, across, and along the public Streets, including rights-of-way and public utility easements
within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers,
pedestals, attachments, and other property and equipment as are necessary and appurtenant to
the operation of a Cable System for the provision of Cable Service within the Franchise Area.
Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and
2009-2014 AHN CATV Franchise
Page 4 of 29
procedures now in effect or enacted in the future, and must obtain any and all necessary
permits from the appropriate agencies of City prior to commencing any construction activities.
Grantee, through this agreement, is granted extensive and valuable rights to operate its Cable
System for profit using City's public rights-of-way and public utility easements within the
Franchise Area in compliance with all applicable City construction codes and procedures. As
trustee for the public, City is entitled to fair compensation to be paid for these valuable rights
throughout the term of this agreement.
2.3. Duration, The term of this agreement and all rights, privileges, obligations, and
restrictions pertaining to this agreement shall be from the effective date of this agreement
through June 30, 2014, unless extended or terminated sooner as provided below.
2.4. Effective Date. The effective date of this agreement shall.be July 1,2009, unless
Grantee fails to file an unconditional written acceptance of this agreement and post any required
bond or deposit within 45 days from Grantee's written acceptance of this agreement. In either
event, this agreement shall be null and void, and any and all rights of Grantee to own or operate
a Cable System within the Franchise Area under this agreement shall be of no force or effect.
2,5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is subject to
all prior rights, interests, agreements, permits, easements or licenses granted by City to any
Person to use any street, right-of-way, easements not otherwise restricted, or property for any
purpose whatsoever, including the right of City to use same for any purpose it deems fit,
including the same or similar purposes allowed Grantee. City may, at any time, grant
authorization to use the public rights-of-way for any purpose riot incompatible with Grantee's
authority under this agreement, and for such additional Franchises for Cable Systems as City
deems appropriate, upon substantially equivalent terms and conditions to those contained in
this agreement as City deems appropriate.
2,6. Grant of Other Franchises.
2.6.1. In the event the City enters into a franchise or other agreement of any
kind with any other Person or entity other than the Grantee to enter into the City's public ways
for the purpose of constructing or operating a Cable System, or providing cable Service to any
part of the Service Area in which the Grantee is actually providing Cable Service under the
terms and conditions of this agreement, or is required to extend Cable Service under the
provisions of section 11.2 and 11.3 the material provisions of such other franchise or
agreement shall be reasonably comparable to those contained in this agreement, in order that
one operator not be granted an unfair competitive advantage over another.
2,6.2. If City grants a Franchise to a third party for service to an area that
Grantee is not actually serving or required to extend service'to, and which has material
provisions that are not reasonably comparable to those contained in this agreement, City shall
offer Grantee a franchise to serve the same area under terms and conditions that are
reasonably comparable to those set forth in the franchise agreem~nt entered into with the third
party.
2.7. Police Powers. Grantee's rights under this agreement are subject to the lawful
police powers of City to adopt and enforce ordinances necessary to the safety, health, and
welfare of the general public and Grantee agrees to comply with all applicable laws and
ordinances enacted, or enacted in the future, by City or any other legally-constituted
governmental unit having lawful jurisdiction over the subject matter of the enactment. Nothing in
2009~20 I 4 AHN CATV Franchise
Page 5 of 29
this agreement shall be deemed to waive the requirements of the other codes and ordinances of
general applicability enacted, or which may be enacted in the future, by City.
2.8. Relations to Other Provisions of Law. This agreement and all rights and
privileges granted under it are subject to, and the Grantee must exercise all rights in accordance
with, applicable law as amended over the Franchise term. This agreement is a contract, subject
to the City's exercise of its police and other regulatory powers and such applicable law. This
agreement does not confer rights or immunities upon the Grantee other than as expressly
provided in the agreement. In cases of conflict between this agreement and any ordinance of
general application enacted pursuant to the City's police power, the ordinance shall govern.
Nothing in this agreement, however, shall be interpreted to prevent Grantee from challenging
the lawfulness or enforceability of any provision of applicable law. The Franchise issued and the
Franchise fee paid are not in lieu of any other required permit, authorization, fee, charge, or tax,
unless expressly stated in this agreement.
2.8.1. Without limiting the foregoing, by way of example and not limitation, this
agreement shall not include or be a substitute for:
2.8.1.1. Any other permit or authorization required for the privilege of
transacting and carrying on a business within the City that may be required by the ordinances
and laws of the City.
2.8.1.2. Any permit, agreement or authorization required in connection
with operations on or in public streets or property, including by way of example and not
limitation, street cut permits; or
2.8.1.3. Any permits or agreements for occupying any other property of
the City or private entities to which access is not specifically granted by this Agreement
including, without limitation, permits and agreements for placing devices on or in poles,
conduits, other structures, or railroad easements, whether owned by the City or a private entity.
2.8.2. This agreement does not authorize Grantee to provide
Telecommunications Services, or to construct, operate or maintain Telecommunications
Facilities. This Agreement is not a bar to imposition of any conditions on Grantee with respect to
Telecommunications, whether-similar, different or the same as conditions specified herein. This
Agreement does not relieve Grantee of its obligations to obtain an authorization to provide
Telecommunications Services, or to construct, operate or maintain Telecommunications
Facilities, or relieve Grantee of its obligation to comply with any such authorizations.
2.9. Effect of Acceptance. By accepting the agreement the Grantee: (1) acknowledges
and accepts the City's legal right to issue and enforce the agreement; (2) agrees that it will not
oppose the City's intervening or other participation in any proceeding affecting the Cable
System: (3) accepts and agrees to comply with each and every provision of this agreement: and
(4) agrees that the agreement was granted pursuant to processes and procedures consistent
with applicable law, and that it will not raise any claim to the contrary.
2.10. Non-Discriminatory Access to Internet Access System. Grantee shall provide
non-discriminatory access to the Grantee's Internet Access System for internet service
providers, whether or not such providers are affiliated with Grantee. Grantee may limit such
access only in terms of requiring such providers to utilize the network and technological
standards developed by Grantee.
2009-2014 AHN CATV Franchise
Page 6 of 29
3. FRANCHISE FEE AND FINANCIAL CONTROLS.
3.1. Franchise Fees. As compensation for the benefits and privileges granted under this
agreement, and in consideration of permission to use City's Streets, Grantee shall pay as a
Franchise fee to City, throughout the duration of this agreement, an amount equal to five
percent of Grantee's Gross Revenues including the franchise fee itself, derived from the
operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such
Franchise fees shall commence as of the effective date of this agreement. The Franchise fees
are in addition to all other fees, assessments, taxes, or payments of general applicability that
the Grantee may be required to pay under any federal, state, or local law to the extent not
inconsistent with applicable law. This agreement and the Franchise fees are not in lieu of any
other generally applicable required permit, authorization, fee, charge, or tax.
In the event any law or valid rule or regulation applicable to this franchise limits franchise
fees below the five percent of gross revenues, the Grantee agrees to and shall pay the
maximum permissible amount and, if such law or valid rule or regulation is later repealed or
amended to allow a higher permissible amount, then the Grantee shall pay the higher amount
up to the maximum allowable by law, not to exceed five percent during all affected time periods.
3.2. Payments. Grantee's Franchise fee payments to City shall be computed quarterly.
Each quarterly payment shall be due and made available to City no later than 30 days after the
last day of the preceding quarter.
3.3. Acceptance of Payment and Re-computatio'1. No acceptance of any payment
shall be construed as an accord by City that the amount paid is, in fact, the correct amount, nor
shall any acceptance of payments be construed as a release of any claim City may have for
further or additional sums payable or for the performance of any other obligation of Grantee.
3.4. Quarterly Franchise Fee Reports. Each payment shall be accompanied by a
written report to City containing an accurate' statement in summarized form, as well as in detail,
and in a form approved by City, of Grantee's Gross Revenues and the computation of the
payment amount.
3.5. Annual Franchise Fee Reports. Grantee shall, no later than 180 days after the end
of each calendar year, furnish to City a statement (Audited Gross Receipts Report) stating the
total amount of Gross Revenues and all payments, deductions, and computations for the period
covered by the payments. .
3.6. Audits/reviews. On an annual basis, no more frequently than every 12 months,
upon 30 days prior written notice, City shall have the right to conduct an independent audit or
review of Grantee's records reasonably related to the administration or enforcement of this
agreement, in accordance with generally accepted accounting principles. For purposes of this
section, records reasonably related to the administration and enforcement of this agreement
include those financial records pertaining to the number and location of cable customers within
City's Urban Growth Boundary. The City may hire an independent certified public accountant to
audit or review the Grantee's financial records, in which case the Grantee shall provide all
necessary records to the certified public accountant. All such records shall be made available in
the local offices of the Grantee. If the audit or review shows that Franchise fees have been
underpaid by 2% or more, Grantee shall reimburse to City the total cost of the audit or review
and the underpayment plus interest, at the rate specified in section 3.7 within 30 days of the
City's written demand for same. Records for audit/review purposes shall include without
limitation:
2009-2014 AHN CATV Franchise
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3.6.1. Source documents, which demonstrate the original or beginning amount,
and the final amount shown on any report related to or included in the determination of franchise
fees, revenues or expenses.
3.6.2. Source documents that completely explain any and all calculations related
to any allocation of any amounts involving franchise fees, revenues, or expenses.
3.6.3. Any and all accounting schedules, statements, and any other form of
representation, which relate to, account for, or support or correlate to any accounts involving
franchise fees, revenues or expenses.
3.7. Interest on Late Payments. In the event that a franchise fee payment or other sum
is not received by the City on or before the due date, or is underpaid, the Grantee shall pay in
addition to the payment, or sum due, interest from the due date at a rate equal to the legal
interest rate on judgments in the State of Oregon.
3.8. Additional Commitments Not Franchise Fees. No term or condition in this
agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees to City.
Although the total sum of Franchise fee payments and additional commitments set forth
elsewhere in this agreement may total more than 5% of Grantee's Gross Revenues in any 12-
month period, Grantee agrees that the additional commitments are not Franchise fees as
defined under any federal law, to the extent not inconsistent with applicable federal law, nor are
they to be offset or credited against any Franchise fee payments due to City.
3.9. Costs of Publication. Grantee shall pay the reasonable cost of newspaper notices
and publication pertaining to this agreement, and any amendments, including changes in control
or transfers of ownership, as such notice or publication is reasonably required by Ci1y or
applicable law.
3.10. Tax Liability. Payment of the Franchise fees under this agreement shall not
exempt Grantee from the payment of any generally applicable license, permit fee or other
generally applicable fee, tax or charge on the business, occupation, property or income of
Grantee that may be imposed by City.
3.11. Payment on Termination. If this agreement terminates for any reason, the
Grantee shall file with the City within 90 calendar days of the date of the termination, a financial
statement, certified by an independent certified public accountant, showing the Gross Revenues
received by the Grantee since the end of the previous fiscal year. The City reserves the right to
satisfy any remaining financial obligations of the Grantee to the City by utilizing the funds
available in a Letter of Credit or other security provided by the Grantee.
4. ADMINISTRATION AND REGULATION
4.1. Authority. City is vested with the power and right to regulate the exercise of the
privileges permitted by this agreement in the public interest, or to delegate that power and right
to the extent permitted under state and local law, to any agent, in its sole discretion.
4.2. Rates and Charges. All of Grantee's rates and charges related to or regarding
Cable Service shall be subject to regulation by City to the full extent authorized by applicable
federal, state and local laws.
2009-2014 AHN CATV Franchise
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4.3. Rate Discrimination. All of Grantee's rates and charges shall be published and
shall be nondiscriminatory as to all Persons and organizations of similar classes, under similar
circumstances and conditions. Grantee shall apply its rates in accordance with governing law,
with similar rates and charges for all Subscribers receiving similar Cable Service, without regard
'to race, color, familial, ethnic or national origin, religion, age, sex, sexual orientation, marital,
military or economic status, or physical or mental disability, or geographic location in the
Franchise Area. Grantee shall provide equivalent Cable Service to all Residential Subscribers at
similar rates and to Commercial Subscribers as authorized by applicable laws. Nothing in this
section shall be construed to prohibit:
4.3.1. The temporary reduction or waiving of rates or charges in conjunction with
valid promotional campaigns;
4.3.2. The offering of reasonable discounts to senior citizens or economically
disadvantaged citizens:
4.3.3. Grantee from establishing different and nondiscriminatory rates and
charges for commercial customers, as well as different nondiscriminatory monthly rates for
commercial customers as allowable by federal law and regulations; or
4.3.4. Grantee from establishing different and nondiscriminatory rates and
charges for Residential Subscribers as allowable by federal law and regulations.
4.4 Filing of Rates and Charges. Throughout the term of this agreement, Grantee
shall maintain on file with City a complete schedule of applicable rates and charges for Cable
Service provided under this agreement. Nothing in this subsection shall be construed to require
Grantee to file rates and charges under temporary reductions or waivers of rates and charges in
conjunction with promotional campaigns, and rates for multiple dwelling units.
Grantee shall provide upon request from City a complete schedule of current rates and
charges for any and all Leased Access provided by Grantee. The schedule shall include a
description of the price, terms and conditions established by Grantee for Leased Access.
4.5 Time Limits Strictly Construed. Whenever this agreement sets forth a time for any
act to be performed by Grantee, such time shall be deemed to be of the essence, and any
failure of Grantee to perform within the allotted time may be considered a material violation of
this agreement and sufficient grounds for City to invoke any relevant provision of this
agreement. However, in the event that Grantee is prevented or delayed in the performance of
any of its obligations under this agreement by reason of a force majeure occurrence, such as
acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather
conditions), Grantee's performance shall be excused during the force majeure occurrence. After
such occurrence Grantee shall promptly perform the affected obligations under this agreement
or procure a substitute for performance which is satisfactory to City. Grantee shall not be
excused by mere economic hardship nor by misfeasance or malfeasance of its directors,
officers, employees, or duly authorized agents. Notwithstanding the foregoing, City shall utilize
the procedure in section 13 to resolve any material breach committed by Grantee.
5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold harmless,
and defend the City and its officers, boards, commissions, duly authorized agents, and
employees against any and all claims, including, but not limited to, third party claims, suits,
causes of action, proceedings, and judgments for damages or equitable relief, to the extent
such liability arises out of or through the acts or omissions of the Grantee arising out of the
2009.2014 AHN CATV Franchise
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construction, operation or repair of its Cable System regardless of whether the act or omission
complained of is authorized, allowed, or prohibited by this agreement, provided, however, the
Grantee will not be obligated to indemnify City should City intervene in any proceeding
regarding the grant of this agreement pursuant to section 5.4; however, Grantee's obligation to
indemnify City shall continue for all other proceedings in which the City is not an Intervenor.
Without limiting in any way the Grantee's obligation to indemnify the City and its officers,
boards, commissions, duly authorized agents, and employees, as set forth above, this indemnity
provision also includes damages and liabilities such as:
5.1. To persons or property, to the extent such liability arises out of or through the acts
or omissions of the Grantee, its contractors, subcontractors, and their officers, employees, or
duly authorized agents, or to which the Grantee's negligence or fault shall in any way contribute;
5,2, Arising out of any claim for invasion of the right of privacy; for defamation of any
Person, firm or corporation; for the violation or infringement of any copyright, trademark, trade
name, service mark, or patent; for a failure by the Grantee to secure consents from the owners
or authorized distributors of programs to be delivered by the Cable System; or for violation of
any other right of any Person, to the extent such liability arises out of or through the acts or
omissions of the Grantee, provided, however, that Grantee will not be required to indemnify City
for any claims arising out of use of. PEG Access Channels by City or its designee.;
5.3. Arising out of Grantee's failure to comply with the provisions of any federal, state or
local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect
of its business to which this agreement applies, to the extent such liability arises out of or
through the acts or omissions of the Grantee; and
5.4. Arising from any third party suit. action or litigation, whether brought by a competitor
to Grantee or by any other Person or entity, to the extent such liability arises out of or through
the. acts or omissions of the Grantee, whether such Person or entity does or does not have
standing to bring such suit, action or litigation if such action (1) challenges the authority of the
City to issue this agreement to Grantee; or (2) alleges that, in issuing this agreement to
Grantee, the City has acted in a disparate or discriminatory manner.
5.5. The City shall give the Grantee timely written notice of any claim or of the
commencement of any action, suit or other proceeding covered by the indemnity obligation in
this Section. In the event any such claim arises, the City or any other indemnified party shall
tender the defense to the Grantee and the Grantee shall have the obligation and duty to defend,
settle or compromise any claims arising from the claim, and the City shall cooperate fully.
Grantee shall accept or decline the tender within 30 days. Grantee shall reimburse reasonable
attorney fees and costs incurred by the City during the 30 day period in which the Grantee
accepts or declines tender. In the event that the Grantee declines defense of the claim in
violation of section 13, the City may defend such claim and seek recovery from Grantee its
expenses for reasonable attorney fees and disbursements, including expert witness fees,
incurred by City for defense and in seeking such recovery.
6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly and
interrupt service only for good cause and for the shortest time possible. Such interruptions,
insofar as possible, shall be preceded by notice to subscribers affected and occur during
periods of minimum use.
7. REPORTS AND RECORDS.
2009-2014 AHN CATV Franchise
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7.1. Open Records.
7.1.1. Grantee shall manage all of its operations in accordance with a policy of
keeping its documents and records directly concerning its gross revenues, including customer
identification numbers (e.g. account numbers) and levels of service, open and accessible to
City. City shall have access to, and the right to inspect, any books and records of Grantee.
Grantee shall not deny City access to any of Grantee's records on the basis that Grantee's
records are under the control of any parent corporation, affiliated entity or a third party. City
may, in writing, request copies of any such records or books and Grantee shall provide such
copies within ten business days of the transmittal of such request. If the requested books and
records are too voluminous, or for security reasons cannot be copied or removed, then Grantee
may request, in writing within ten business days, that City inspect them at one of Grantee's local
area offices. If any books or records of Grantee are not kept in a local office, Grantee will
provide or otherwise make such documents available for inspection and review at the local
office within ten business days.
7.1.2. Grantee shall at all times maintain and allow City, with reasonable notice,
access and the right to review a full and complete set of plans, records and "as built" maps
showing the exact location of all Cable System equipment installed or in use in the Franchise
Area, exclusive of electronics, Subscriber drops and equipment provided in Subscribers' homes.
These maps shall include computer maps and shall be maintained in a standard format and
medium specified by the city, in sufficient detail to agreed upon by the City and the Grantee.
City's review of the plans, records, and as-built maps, shall occur at the Grantee's local office,
or, if the Grantee has no office within the city, then at a location within the city specified by the
City.
7.1.3. The ability for City to obtain records and information from Grantee is critical
to the administration of this agreement Grantee's failure to comply with the requirements of this
section may result in fines as prescribed in section 13.2.
7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City agrees
to treat as confidential any books and records that constitute proprietary or confidential
information under federal or state law, to the extent Grantee makes City aware, whether verbally
or in wilting, of such confidentiality. If City believes it must release any such confidential books
and records in the course of enforcing this agreement, or for any other reason, it shall advise
Grantee in advance so that Grantee may take appropriate steps to protect its interests. If City
receives a demand from any Person for disclosure of any information designated by Grantee as
confidential, City shall, so far as consistent with applicable law, advise Grantee and provide
Grantee with a copy of any written request by the party demanding access to such information
within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction,
City agrees that, to the extent permitted by state and federal law, it shall deny access to any of
Grantee's books and records that are deemed to be confidential as set forth above to any
Person.
7.3. Copies of Federal and State Documents. Grantee shall submit to City a list, or
copies of actual documents, of all pleadings, applications, notifications, communications and
documents of any kind, submitted by Grantee or its parent corporations or affiliates to any
federal, state or local courts; 'regulatory agencies or other government bodies if such documents
specifically relate to the operations of Grantee's Cable System within the Franchise Area.
Grantee shall submit such list or documents to City no later than 30 days after their filing,
mailing or publication. Grantee shall not claim confidential, privileged or proprietary rights to
such documents unless under federal, state, or local law such documents have been
2009-2014 AHN CATV Franchise
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determined to be confidential by a court of competent jurisdiction, or by a federal or state
agency. To the extent allowed by law, any such confidential material determined to be exempt
from public disclosure shall be retained in confidence by City and its duly authorized agents and
shall not be made available for public inspection.
7.4. Inspection of Facilities. City may inspect upon request any of Grantee's facilities
and equipment to confirm performance under this agreement at'any time upon at least 24 hours
notice, or, in case of an emergency, upon demand without prior notice.
7.5. False Statements. Any intentional false or misleading statement or representation
in any report required by this agreement may be deemed a material violation of this agreement
and may subject Grantee to all remedies, legal or equitable, which are available to City under
this agreement or otherwise.
7.6. Report Expense. All reports and records required under this or any other Section
shall be furnished, without cost, to City,
8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS.
8.1. General Definitions. With respect to purposes of this section, the following
definitions will apply.with respect to PEG use of the Cable System.
8.1.1. "Access Channel" means any Channel, or portion of any Channel,
designated for non-commercial Access purposes or otherwise made available to facilitate or
transmit Access programming or service. Each Access Channel shall be six MHz and must be
capable of transmitting a standard analog video signal. The capacity can be used to transmit
non-commercial signals in any format, and can be used to transmit: audio only, video, or other
information (including, by way of example and not limitation, secondary audio, text, digital
information, high-definition signals, and compressed signals:) A non-standard NTSC use shall
be subject to the Grantee's prompt prior review and approval to ensure that the use will not
cause unreasonable technical interference with other Channels. Such uses must be in
furtherance of PEG uses. Additionally, there shall not be commercial use or lease of such PEG
capacity without the express written permission of the Grantee.
8.1.2. "Digital Access Channel", as used in this Section, means a Channel
carrying PEG continuous full-motion video programming in a digital format. Digital Access
Channels shall have the same compression ratio and transmission quality as is used to carry
any of the commercial Channels that deliver programming to the City in a similar format for
delivery to each Subscriber.
8.1.3. "Origination Point" means a location, where PEG programming is delivered
to the Grantee for Downstream transmission. .
8.2. Management and Control of Access Channels.
8.2.1. City or its designee may control and manage the use of any and/or all
Access Facilities provided by Grantee under this agreement, including, without limitation, the
operation of Access Channels. The City or its designee shall have sole and exclusive
responsibility for operating and managing such Access Facilities. The City or its designee may
formulate rules for the operation of the PEG Access Channels, consistent with this agreement;
such rules shall not be designed to control the content of Public Access programming. Nothing
2009-2014 AHN CATV Franehise
Page 12 "f29
in this section shall prohibit the City from authorizing itself or others to manage or co-manage
PEG Access Channels and facilities.
8.2.2. Grantee shall cooperate with the City or its designee in the use of the
Cable System and Access facilities for the provision of PEG Access. Grantee shall enter into
such operating agreements with the City or its designee as may be necessary to facilitate and
coordinate the provision of PEG Access, provided that such operating agreements shall not be
inconsistent with the terms of this agreement and shall be subject to approval by the City.
8.2.3. The Grantee shall cooperate with the City or its designee regarding
allocations of Access resources.
8.2.4. Grantee shall give the City notice of its intent to utilize PEG channels not
being used for PEG programming for its own commercial use ninety (90) days before Grantee
intends to begin using the PEG channel. Subject to prior written authorization from the City, the
Grantee shall have the right to use temporarily any Channel, or portion of any Channel, which is
allocated under this section for PEG uses pursuant to section 611 (d) of the Cable Act.
8.3. Channel Capacity and Use.
8.3.1. Upon the effective date of this agreement, all Access Channels provided
for in this agreement are administered by the City or designee.
8.3.2. Upon the effective date of this agreement, the Grantee shall provide five
Access Channels for distribution of PEG Access programming on the residential Cable System
with provisions for an additional channel for public and government access uses. Such
additional channel shall be made available when all channels granted pursuant to this
paragraph are used for access purposes with locally produced programming 70% of the
available broadcast time. The programming of additional channels required shall be distinct and
non-repetitive of the previous channels. A program may be repeated no more than three times
for purposes of the trigger calculation. For purposes of this computation, all time allocated to
character generated or similar programming shall be excluded for the determination of when
such channel is in use and programmed with public and governmental access programming.
,
8.3.3. The Grantee shall provide connection of all PEG Access Channels
required by this agreement to and from the Grantee's Headend and the City's, or its designee's,
Headends as of the effective date of this agreement. Grantee agrees to provide reconnection for
the City's, or its designee's, Headend if it is relocated within 12 months of the effective date of
this agreement, at no charge to City or its designee.
8.3.4. If video programming is delivered in a digital format or the City requests
that PEG Channels be digitized, then, in lieu of the Access Channels provided for in section
8.3.2, there shall be a maximum of 18 PEG continuous, full-motion video programming Digital
Channels ("Digital Access Channels"). The City shall determine the number of Digital Access
Channels to be activated, not to exceed 18.
8.4. Relocation of Access Channels. Grantee shall provide City with a minimum of 60
days' notice, and use its best efforts to provide 120 days notice, prior to the time PEG Access
Channel designations are changed. Grantee shall consult with City prior to making a final
determination regarding any changes in PEG Access Channel designations/assignments. Any
new Channel designations for the PEG Access Channels provided pursuant to this agreement
shall be in full compliance with FCC signal quality and proof of performance standards.
2009-2014 AHN CATV Franchise
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8.5. Origination Points.
8.5.1. Additional permanent Origination Points required by the City or its
designee shall be provided by Grantee within 90 days following receipt of written notice from
City at the expense of City or its designee.
8.5.2. By mutual agreement by City and Grantee, upon six weeks written notice
in advance of the scheduled cablecast, and provided that an active drop is available at the
desired location, Grantee shall provide additional Origination Points on a short term basis for the
live cable cast of Access Programming. The incremental, out-of-pocket costs to Grantee shall be
paid for by City or its designee. Grantee shall not be required to facilitate more than one such
Origination Points in anyone week period.
8.5.3. There shall be no charge to the City, norto any other person for the use of
the upstream capacity from the program origination locations described in this section, so long
as the transmissions are designed for rerouting and distribution on any PEG Channels.
8.6. Access Interconnections.
8.6.1. The Grantee shall maintain for the duration of this agreement any and all
existing Interconnections of Access Channels with contiguous cable systems.
8.6.2. Grantee shall be capable of interconnection of PEG Access Channels in
the Cable System and Cable Systems in Franchise Areas that are geographically adjacent to
City, provided that City has secured the written permission for such Interconnection from the
regulatory authority for the adjacent Franchise Area. The cost of such Interconnections shall be
Grantee's so long as Grantee or Grantee's affiliate owns the adjacent Cable System. If the
adjacent Cable System is not owned by Grantee, the cost for interconnection shall be equally
,shared by the two Cable Systems.
8.6.3. All Interconnections shall have the capability oftransmitting and receiving
PEG programming. All Interconnections shall be accomplished in a manner that permits the
transmission of signals for Access Programming channels to be distributed to subscribers with
the same original audio and video quality as provided by the PEG facility. Installation of all
interconnect capacity shall be completed at the Grantee's expense, except as otherwise
provided in this agreement.
8.6.4. The City, or its designee, shall have the right to control and schedule the
operation of all interconnected Access Channels and capacity. In addition, the City, or its
designee, shall have the right to use, at its sole discretion and at no cost, any Access Channels
and capacity provided under this agreement for non-commercial purposes, in furtherance of
PEG use. However, the requirement to interconnect PEG programming with adjacent Cable
Systems of willing franchise authorities shall not result in an increase in the number of PEG
. Channels beyond the number of Access Channels provided for in section 8.3.
8.6.5. The Grantee shall take all necessary steps to ensure that technically
adequate signal quality in compliance with FCC requirements are initially and continuously
provided for all Access Interconnections and Origination Points.
2009-2014 AHN CATV Franchise
Page 1401'29
8.7. Access Channels on Lowest Available Tier. All Access Channels provided to
Subscribers under this agreement shall be included by the Grantee, without limitation, as a part
of the lowest available tier offered by the Grantee on its Cable System.
8.8. Change in Technology. Inthe event the Grantee makes any change in the Cable
System and related equipment and Facilities or in the Grantee's signal delivery technology,
which directly or indirectly substantially affects the signal quality or transmission of Access
services or programming, the Grantee shall, at its own expense, take necessary technical steps
or provide necessary technical assistance, including the acquisition of all necessary equipment,
and full training of the City's or Access personnel to ensure that the capabilities of Access
services are not diminished or adversely affected by such change.
8.9. Technical Quality. The Grantee shall maintain all Upstream and Downstream
Access services, Channels and Interconnections ensuring that Access Programming channels
will not be subject to any signal deterioration, and that the signal will be distributed to
subscribers with the same original audio and video quality as provided by the PEG facility, and
required by all other applicable laws, rules and regulations for Residential Subscriber Channels.
The Grantee shall provide routine maintenance and shall repair and replace all transmission
equipment, including associated cable and equipment in use upon the effective date of this
agreement, necessary to carry a quality signal to and from the City's or its designee's facilities.
City and Grantee agree that the point of demarcation will be the input RF connection to
Grantee's Fiber Optics Laser Transmitter, with Grantee responsible for repair and maintenance
from the point of demarcation to Grantee's headend.
8.10. Promotional Services. The Grantee shall allow the City to include two bill stuffers
per year. The City or its designee shall be responsible for the cost of printing its bill stuffers, the
costs of inserting the information into Grantee's bills, and for. any incremental postage costs. Bill
stuffers must conform to Grantee's mailing requirements. Grantee shall be provided an
opportunity to review and approve all PEG bill stuffers.
8.11. Channel Identification. If requested by the City or its designee, at City's or its
designee's costs, the Grantee will identify the PEG Channels in its printed and electronic
programming guides, by the general type of programming carried on the Channel. Grantee will
bill the City or its designee for the costs of these listings.
9. GENERAL STREET USE AND CONSTRUCTION.
r
9.1. Construction.
9.1.1. Subject to applicable laws, regulations and ordinances of City and the
provisions of this agreement, Grantee may perform all construction necessary for the operation
of its Cable System. All construction and maintenance of any and all facilities within Streets
incident to Grantee's Cable System shall, regardless of who performs the construction, be and
remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for
construction or installation of any facilities, and for ex,cavating and laying any facilities within the
Streets. Grantee shall pay, prior to issuance, all applicable fees of the requisite construction
permits.
9.1.2. Prior to beginning any construction, Grantee shall provide City's
Department of Public Works with a construction schedule for work in the Streets. All
construction shall be performed in compliance with this agreement and all applicable City
Ordinances and Codes, especially AMC Chapter 16.12 and section 16.12.090. When obtaining
2009-2014 AHN CATV Franchise
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a permit, Grantee shall inquire in writing about other construction currently in progress, planned
or proposed, in order to investigate thoroughly all opportunities for joint trenching or boring.
Whenever it is possible and reasonably practicable to joint trench or share bores or cuts,
Grantee shall work with other providers, grantees, permittees and franchisees so as to reduce
as far as possible the number of Street cuts.
9.1.3. City shall have the right to inspect all construction or installation work
performed within the franchise area as it shall firid necessary to ensure compliance with the
terms of this agreement and other pertinent provisions of law.
9.2. Location of Facilities. Within 48 hours after notification of any proposed Street
excavation, Grantee shall, at Grantee's expense:
9.2.1. Mark on the surface all of its underground facilities within the area of the
proposed excavation;
9.2.2. Notify the excavator of any un-located underground facilities in the area of
the proposed excavation; or
9.2.3. Notify the excavator that Grantee does not have any underground facilities
in the vicinity of the proposed excavation.
9.3. Relocation. City shall have the right to require Grantee to change the location of
any part of Grantee's Cable System within the Streets when the public convenience requires
such change, and the expense shall be paid by Grantee. Should Grantee fail to remove or
relocate any such facilities by the date established by City, City may effect such removal or
relocation, and the expense shall be paid by Grantee, including all costs and expenses incurred
by City due to Grantee's delay. If City requires Grantee to relocate its facilities located within the
Streets, City shall make a reasonable effort to provide Grantee with an alternate location within
the Streets.
9.4. Restoration of Streets.
9.4.1. Whenever Grantee disturbs the surface of any Street for any purpose,
Grantee shall promptly restore the Street to at least its prior condition. When any opening is
made by Grantee in a hard surface pavement in any Street, Grantee shall refill within 24 hours
the opening and restore the surface to a condition satisfactory to City.
9.4.2. If Grantee excavates the surface of.any Street, Grantee shall be
responsible for restoration in accordance with applicable regulations of the jurisdiction within the
area affected by the excavation. City may, after providing notice to Grantee, refill or repave any
opening made by Grantee in the Street, and the expense shall be paid by Grantee. City may,
after providing notice to Grantee, remove or repair any work done by Grantee that, in the
determination of City, is inadequate. The cost, including the costs of inspection and supervision,
shall be paid by Grantee. All excavations made by Grantee in the Streets shall be properly
safeguarded for the prevention of accidents. All of Grantee's work under this agreement, and
this section in particular, shall be done in strict compliance with all rules, regulations and
ordinances of City. Prior to making any Street or right-of-way cuts or openings, Grantee shall
provide written notice to City.
9.5. Maintenance and Workmanship.
. 2009-2014 AHN CATV Franchise
Page 16 of29
9.5.1. Grantee's Cable System shall be constructed and maintained in such
manner as not to interfere with sewers, water pipes, or any other property of City, or with any
other pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have
been laid in the Streets by, or under, City's authority
9.5.2. Grantee shall provide and use any equipment necessary to control and
carry Grantee's cable television signals so as to prevent injury to City's property or property
belonging to any Person. Grantee, at its own expense, shall repair, change and improve its
facilities to keep them in good repair, and safe and presentable condition.
9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent City or
utilities owned, maintained or operated by public entities other than City, from constructing
sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or
constructing or establishing any other public work or improvement. All such work shall be done,
insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's
Cable System. However, if any of Grantee's Cable System interferes with the construction or
repair of any Street or public improvement, including construction, repair or removal of a sewer
or water main, Grantee's Cable System shall be removed or replaced in the manner City shall
direct, and City shall in no event be liable for any damage to any portion of Grantee's Cable
System. Any and all such removal or replacement shall be at the expense of Grantee.
Should Grantee fail to remove, adjust or relocate its facilities by the date established by City's
written notice to Grantee, City may effect such removal, adjustment or relocation, and the
expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred
by City due to Grantee's delay.
9.7. Street Vacation. If any Street or portion of any Street used by Grantee is vacated
by City during the term of this agreement, unless City specifically reserves to Grantee the right
to continue its installation in the vacated Street, Grantee shall, without delay or expense to City,
remove its facilities from such Street, and restore, repair or reconstruct the Street where such
removal has occurred, and place the Street in such condition as may be required by City. In the
event of failure, neglect or refusal of Grantee, after 30 days' notice by City, to restore, repair or
reconstruct such Street, City may do such work or cause it to be done, and the reasonable cost,
as found and declared by City, shall be paid by Grantee within 30 days of receipt of an invoice
and documentation, and failure to make such payment shall be considered a material violation
of this agreement.
9.8. Discontinuing Use of Facilities. Whenever Grantee intends to discontinue using
any facility within the Streets, Grantee shall submit for City's approval a complete description of
the facility and the date on which Grantee intends to discontinue using the facility. Grantee may
remove the facility or request that City allow it to remain in place. Notwithstanding Grantee's
request that any such facility remain in place, City may require Grantee to remove the facility
from the Street or modify the faCility to protect the public health, welfare, safety, and
convenience, or otherwise serve the public interest. City may require Grantee to perform a
combination of modification and removal of the facility. Grantee shall complete such removal or
modification in accordance with a reasonable schedule set by City. Until such time as Grantee
removes or modifies the facility as directed by City, or until the rights to and responsibility for the
faCility are accepted by another Person having authority to construct and maintain such facility,
Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as
maintenance of the Street, in the same manner and degree as if the facility were in active use,
and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, City may
choose to use such facilities for any purpose whatsoever including, but not limited to, public,
governmental, or educational purposes.
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9.9. Hazardous Substances.
9.9.1. Grantee shall comply with all applicable local, state and federal laws,
statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable
System in the Streets.
9.9.2. Grantee shall maintain and inspect its Cable System located in the Streets.
Upon reasonable notice to Grantee, City may inspect Grantee's facilities in the Streets to
determine if any release of hazardous substances has occurred, or may occur, from or related
to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this
agreement, Grantee shall also remove all residue of hazardous substances,
9.10. Undergrounding of Cable.
9.10.1. Wiring.
. A. Where all utility lines are installed underground at the time of Cable
System construction, or when such lines are subsequently placed underground, all Cable
System lines or wiring and equipment shall also be placed underground on a nondiscriminatory
basis with other utility lines services at no additional expense to the City or Subscribers, to the
extent permitted by law and applicable safety codes. Cable must be installed underground
where: (1) all existing utilities are placed underground, (2) statute, ordinance, policy, or other
regulation requires utilities to be placed underground, or (3) all overhead utility lines are placed
underground.
Related Cable System equipment such as pedestals must be placed in
accordance with applicable Code requirements and underground utility rules as interpreted by
each City's appropriate public works official. In areas where electric or telephone utility wiring is
aerial, the Grantee may install aerial cable, except when a property owner or resident requests
underground installation and agrees to bear the reasonable additional cost in excess of aerial
installation.
B. The Grantee shall utilize existing poles and conduit wherever possible.
C. This agreement does not grant, give or convey to the Grantee the
right or privilege to install its facilities in any manner on specific utility poles or equipment of the
City or any other Person without their permission. Copies of agreements for use of poles,
conduits or other utility facilities must be provided upon request by the City upon demonstrated
need and subject to protecting Grantee's proprietary information from disclosure to third parties.
9.10.2. Repair and Restoration of Property.
A. Grantee shall protect public and private property from damage. If
damage occurs the Grantee shall promptly notify the property owner within 24 hours in writing.
B. If public or private property is disturbed or damaged, the Grantee shall
restore the property to its'former condition, normal wear and tear excepted. Public right-of-way
or other City property shall be restored, in a manner and within a timeframe approved .by the
City's Director of Public Works or other appropriate designated official. If restoration of public
right-of-way or other property of the City is not satisfactorily performed within a reasonable time,
the Director of Public Works or other appropriate designated official may, after prior notice to the
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Grantee, or without notice where the disturbance or damage may create a risk to public health
or safety, or cause delay or added expense to a public project or activity, cause the repairs to be
made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within
30 days of receipt of an itemized list of those costs, including the costs of labor, materials and
equipment, the Grantee shall pay the City. If suit is brought upon Grantee's failure to pay for
repair or restoration, and if judgment in such a suit is entered in favor of the City, then the
Grantee shall pay all of the City's actual costs and expenses resulting from the non-payment,
including penalties, interest from the date the bill was presented, disbursements, attorneys' fees
and litigation-related costs. Private property must be restored promptly, considering the nature
of the work that must be performed and in no event later than 72 hours.
C. Prior to entering onto private property to construct, operate or repair
its Cable System in a manner in which it is assumed that temporary property damage will occur
or the work will be of a duration exceeding four hours, Grantee shall give the Person residing on
or using the property adequate written notice (such as a door hanger which clearly identifies the
anticipated construction) that it intends to work on the property, a description of the work it
intends to perform and a name and phone number the Person can call to protest or seek
modification of the work. Work shall be done in a manner that causes the least interference with
the rights and reasonable convenience of property owners, residents and users. Such
notification is not required when Grantee is performing connection, disconnection and/or repair
of its drop system or in times of emergency restorations of its plant.
9.10.3. Movement of Cable System For and By City. The City may remove,
replace, modify or disconnect Grantee's facilities and equipment located in the public right-of-
way or on any other property of the City in the case of fire, disaster, or other emergency, or
when a project or activity of the City's makes the removal, replacement, modification or
disconnection necessary or less expensive for the City. Except during an emergency, the City
shall provide reasonable notice to Grantee prior to taking such action and shall, when feasible,
provide Grantee with the opportunity to perform such action. Reasonable notice to Grantee
includes notice by telephone. Following notice by the City, Grantee shall remove, replace,
modify or disconnect any of its facilities or equipment within any public right-of-way, or on any
other property of the City, except that the City shall provide at least 60 days' written notice of
any major capital improvement project which would require the removal, replacement,
modification or disconnection of Grantee's facilities or equipment. If the Grantee fails to
complete this work within the time prescribed and to the City's satisfaction, the City may cause
such work to be done and bill the cost of the work to the Grantee. Within 30 days of receipt of
an itemized'list of those costs, the Grantee shall pay the City.
9.10.4. Movement for Other Franchise Holders. If any removal, replacement,
modification or disconnection is required to accommodate the construction, operation or repair
of the facilities or equipment of another Franchise holder, Grantee shall, after at least 30 days'
advance written notice, take action to effect the necessary changes requested by the
responsible entity. Those Persons shall determine how costs associated with the removal or
relocation shall be allocated.
9.10.5. Movement for Other Permittees. At the request of any Person holding a
valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or
remove its wires as necessary to permit the moving of a building, vehicle, equipment or other
item. The permit holder must pay the expense of such temporary changes, and Grantee may
require a reasonable deposit of the estimated payment in advance.
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9.10.6. Tree Trimming. Subject to acquiring prior written permission of the City,
the Grantee shall have the authority to trim trees that overhang a public right-of-way of the City
so as to prevent the branches of such trees from coming in contact with its Cable System, in
accordance with applicable codes and regulations and current, accepted professional tree
trimming practices.
9.11. Codes. Grantee shall strictly adhere to all building and zoning codes currently in
effect or in effect in the future. Grantee shall arrange its lines, cables and other appurtenances,
on both public and private property, in such a manner as to not cause unreasonable
interference with the use of said public or private property by any Person. In the event of such
interference, City may require the removal or relocation of Grantee's lines, cables, and other
appurtenances, at Grantee's cost, from the property in question.
9.12. Standards.
9.12.1. All work authorized and required shall be done in a safe, thorough and
worker-like manner. The Grantee must comply with all safety requirements, rules, and practices
and employ all necessary devices as required by applicable law during construction, operation
and repair of its Cable System. By way of illustration and not limitation, the Grantee must
comply with the National Electric Code, National Electrical Safety Code and Occupational
Safety and Health Administration (OSHA) Standards.
9.12.2. Grantee shall ensure that individual Cable System drops are properly
bonded to the electrical power ground at the home, and are consistent, in all respects, with the
requirements of the National Electric Code and the National Electrical Safety Code.
10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advise City of
schedules and methods for testing the Cable System on a regular basis to determine
compliance with the provisions of applicable FCC technical standards. Representatives of City
may witness tests, and written test reports may be made available to City upon request.
As required by FCC Rules, Grantee shall conduct proof of performance tests and
cumulative leakage index tests designed to demonstrate compliance with FCC requirements. In
addition, an annual Fly Over signal leakage test will be performed as specified according to 47
CFR 76.601 regarding Technical Standards Performance Tests. Grantee shall provide City
summary written reports of the results of such tests,
11. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
11.1. Equivalent Service. It is Grantee's general policy that all residential dwelling units
in the Franchise Area have equivalent availability to Cable Service from Grantee's Cable
System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not
arbitrarily refuse to provide Cable Service to any Person within its Franchise Area.
11.2. Service Availability.
11.2.1. Grantee shall provide Cable Service in new subdivisions upon the earlier
of either of the following occurrences: (A) Within 60 days of the time when foundations have
been installed in 50% percent of the dwelling units in any individual subdivision; or (B) Within 30
days following a request from a resident. For purposes of this section, a receipt shall be deemed
to be made on the signing of a service agreement, receipt of funds by the Grantee, receipt of a
written request by Grantee, or receipt by Grantee of a verified verbal request.
2009-2014 AHN CATV Franchise
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Grantee shall provide such service: (i) With no line extension charge except as
specifically authorized elsewhere in this agreement; (ii) At a nondiscriminatory
installation charge for a standard installation, consisting of a drop no longer than 25 feet,
with additional charges for non-standard installations computed according to a
nondiscriminatory methodology for such installations, adopted by Grantee and provided
in writing to City; and at nondiscriminatory monthly rates for Residential Subscribers.
11.3. Required Extensions of Service. Whenever the Grantee shall receive a request
for service from at least ten residences within 1320 cable-bearing strand feet (one-quarter cable
mile) of its trunk or distribution cable, it shall extend its Cable System to such Customers at no
cost to the Customers for Cable System extension, other than the usual connection fees for all
Customers within 90 days, provided that such extension is technically feasible, and if it will not
adversely affect the operation, of the Cable System, or as provided under section 2.6.
11.3.1. No Customer shall be refused service arbitrarily. However, for unusual
circumstances, such as a Customer's request to locate a cable drop underground, existence of
more than 125 feet of distance from distribution cable to connection of service to Customers, or
a density of less than ten residences per 1320 cable-bearing strand feet of trunk or distribution
cable, service may be made available on the basis of a capital contribution in aid of
construction, including cost of material, labor, and easements. For the purpose of determining
the amount of capital contribution in aid of construction to be borne by the Grantee and
Customers in the area in which service may be expanded, the Grantee will contribute an
amount equal to the construction and other costs per mile, multiplied by a fraction whose
numerator equals the actual number of residences per 1320 cable-bearing strand feet of its
trunks or distribution cable and whose denominator equals ten residences. Customers who
request such service will bear the remainder of the construction and other costs on a pro rata
basis. The Grantee may require that the payment of the capital contribution in aid of
construction borne by such potential Customers be paid in advance.
11.3.2. Failure to meet these standards shall subject grantee to enforcement
actions on a per Subscriber basis in section 13.
11.3.3. Connection of Public Facilities. Grantee shall, at no cost to City, provide
one outlet of Basic and expanded basic programming to City' public use buildings, as
designated by City, and all libraries and Schools. In addition, Grantee agrees to provide, at no
cost, one outlet of Basic and expanded basic programming to all such future public buildings if
the drop line to such building does not exceed 125 cable feet or if City agrees to pay the
incremental cost of such drop line in excess of 125 feet, including the cost of such excess labor
and materials. Outlets of Basic and expanded basic programming provided in accordance with
this subsection may be used to distribute Cable Service throughout such buildings, provided
such distribution can be accomplished without causing Cable System disruption and general
technical standards are maintained. Cost for any additional outlets shall be the responsibility of
City.
12. STANDBY POWER. Grantee shall provide standby power generating capacity at the Cable
System Headend capable of providing at least 12 hours of emergency operation. Grantee shall
maintain standby power system supplies, to the node, rated for at least two hours duration. In
addition, throughout the term of this agreement, Grantee shall have a plan in place, along with
all resources necessary for implementing such plan, for dealing with outages of more than two
hours. This outage plan and evidence of requisite implementation resources shall be presented
to City no later than 90 days following the effective date of this agreement. .
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13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE.
13.1. Procedure For Remedying Franchise Violations.
13.1.1. If City believes that Grantee has failed to perform any obligation under
this agreement or has failed to perform in a timely manner, City shall notify Grantee in writing,
stating with reasonable specificity the nature of the alleged violation.
13.1.2. The City must provide written notice of a violation. Upon receipt of notice,
the Grantee will have a period 01'30 days to cure the violation or 30 days to present to the City a
reasonable remedial plan. The City shall, with Grantee's consent, decide whether to accept,
reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in
the event that either a cure has not occurred within 30 days or the City rejects the remedial plan.
The procedures provided in section 13 shall be utilized to impose any fines. The date of
violation will be the date of the event and not the date Grantee receives notice of the violation
provided, however, that if City has actual knowledge of the violation and fails to give the
Grantee the notice, then the date of the violation shall be no earlier than ten business days
before the City gives Grantee the notice of the violation.
Grantee shall have 30 calendar days from the date of receipt of such notice to:
13.1.2.1. Respond to City, contesting City's assertion that a violation has
occurred, and requesting a hearing in accordance with subsection 13.1.5, or
13.1.2.2. Cure the violation, or;
13.1.2.3. Notify City that Grantee cannot cure the violation within the
thirty (30) days, and notify the City in writing of what steps the Grantee shall take to cure the
violation i'lcluding the Grantee's projected completion date for such cure. In such case, City
shall set a hearing date within 30 days of receipt of such response in accordance with section
13.1.3.
13.1.3.ln the event that the Grantee notifies the City that it cannot cure the
violation within the 30 day cure period, City shall, within thirty 30 days of City's receipt of such
notice, set a hearing. At the hearing, City shall review and determine whether the 'Grantee has
taken reasonable steps to cure the violation and whether the Grantee's proposed plan and
completion date for cure are reasonable. In the event such plan and completion date are
determined by mutual consent to be reasonable, the same may be approved by the City, who
may waive all or part of the fines for such extended cure period in accordance with the criteria
set forth in section 13.1.7.
13.1.4. In the event that the Grantee fails to cure the violation within the 30 day
basic cure period, or within an extended cure period approved by the City pursuant to section
13.1.3, the City shall set a hearing to determine what fines, if any, shall be applied.
13.1.5. In the event that the Grantee contests the City's assertion that a violation
has occurred, and requests a hearing in accordance with section 13.1.2.1., the City. shall set a
hearing within 60 days of the City's receipt of the hearing request to determine whether the
violation has occurred, and if a violation is found, what fines shall be applied.
13.1.6. In the case of any hearing pursuant to this section, City shall notify
Grantee of the hearing in writing and at the hearing, Grantee shall be provided an opportunity to
2009-2014 AHN CATV Franchise
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be heard, examine City's witnesses, and to present evidence in its defense. The City may also
hear any other person interested in the subject, and may provide additional hearing procedures
as City deems appropriate.
13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the
City, taking into consideration the nature, circumstances, extent and gravity of the violation as
reflected by one or more of the following factors:
(A) Whether the violation was unintentional;
(B) The nature of the harm which resulted;
(C) Whether there is a history of prior violations of the same or other
requirements;
(D) Whether there is a history of overall compliance, or;
(E) Whether the violation was voluntarily disclosed, admitted or cured.
13.1.8. If, after the hearing, City determines that a violation exists, City may use
one or more of the following remedies:
(A) Order Grantee to correct or remedy the violation within a reasonable
time frame as City shall determine;
(B) Establish the amount of fine set forth in section 13.2, taking into
consideration the criteria provided for in section 13.1.7 of this section as
appropriate in City's discretion;
(C) Revoke this agreement, or
(D) Pursue any other legal or equitable remedy available under this
agreement or any applicable law.
13.2. Fines.
13.2.1. Failure to comply with provisions of the agreement may result in Injury to
City. It wilt be difficult to accurately estimate the extent of such injury. Therefore, the financial
penalty provisions of this agreement are intended as a reasonable forecast of compensation to
'City for the harm caused by violation of this agreement, including but not limited to
administrative expense, legal fees, publication of notices, and holding of a hearing or hearings
as provided in this agreement. The fine for violating any provision of this agreement shall be
$250 per day for every day the violation continues with a cap of $10,000.
13.2.2. Collection of Fines. The collection of fines by the City shall in no respect
affect:
(A) Compensation owed to Subscribers; or
(B) The Grantee's obligation to comply with all of the provisions of this
agreement or applicable law; or
2009-2014 AHN CATV Franchise
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(C) Other remedies available to the City.
13.3. Revocation. In addition to all other rights and powers retained by the City under
this agreement or otherwise, the City reserves the right to forfeit and terminate this agreement
and all rights and privileges of the Grantee, in whole or in part, in the event of a material
violation of its terms and conditions. A material violation by the Grantee shall include, but shall
not be limited to the following:
13.3.1. Violation of any material provision of this agreement or any other
agreement between City and Grantee, or any material rule, order, regulation,' standard or
determination of the City or authorized agent made pursuant to this agreement or other
agreement;
13.3.2. Attempt to evade any material provision of this agreement or to practice
any fraud or deceit upon the City or its Subscribers or customers;
13.3.3. Failure to restore service after 48 consecutive hours of interrupted service
system-wide, except when approval of such interruption is obtained from the City;
13.3.4. Material misrepresentation of fact in the application for or negotiation of
this agreement, or
13.4. Relationship of Remedies.
13.4.1. Remedies are Non-exclusive. The remedies provided for in this
agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another remedy, or the exercise of any rights of the City at law or equity provided
that the cumulative remedies may not be disproportionate to the magnitude and severity for the
breach for which they are imposed. By way of example and not limitation, the collection of fines
by City shall in no respect affect:
(A) Compensation owed to subscribers; or
(B) Grantee's obligation to comply with the provisions of this agreement
or,applicable law.
13.4.2. No Election of Remedies. Without limitation, the recovery of amounts
under the insurance, indemnity or penalty provisions of this agreement shall not be construed as
any of the following: an election. of remedies; a limit on the liability of Grantee under the
agreement for fines or otherwise; or an excuse of faithful performance by Grantee.
13.5. Removal.
13.5.1. In the event of termination, expiration or revocation of this agreement,
City may order the removal of the above-ground Cable System facilities and such underground
facilities as required by City in order to achieve reasonable engineering or Street-use purposes,
from the Franchise Area at Grantee's sole expense within a reasonable period of time as
determined by City. In removing its plant, structures and equipment, Grantee shall refill, at its
own expense, any excavation that is made by it and shall leave all Streets, public places and
private property in as good a condition as that prevailing prior to Grantee's removal of its
equipment.
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13.5.2. If Grantee fails to complete any required removal to the satisfaction of
City, City may cause the work to be done and Grantee shall reimburse City for the reasonable
costs incurred within 30 days after receipt of an itemized list of the costs.
13.6. No Recourse Against City. Grantee shall not have any monetary recourse
against City or its officials, boards, commissions, agents or employees for any loss, costs,
expenses or damages arising out of any provision or requirement of this agreement or its
enforcement, in accordance with the provisions of applicable federal, state and local law. The
rights of the City under this agreement are in addition to, and shall not be read to limit, any
rights or immunities the City may enjoy under federal, state or local law.
13.7. Non-enforcement by City. Grantee is not relieved of its obligation to comply with
any of the provisions of this agreement by reason of any failure. of City to enforce prompt
compliance. City's forbearance or failure to enforce any provision of this agreement shall not
serve as a basis to stop any subsequent enforcement. The failure of the City on one or more
occasions to exercise a right or to require compliance or performance under this agreement or
any applicable law shall not be deemed to constitute a waiver of such right or a waiver of
compliance or performance, unless such right has been specifically waived in writing. Any
waiver of a violation is not a waiver of any other violation, whether similar or different from that
waived.
14. ABANDONMENT
14.1. Effect of Abandonment. If the Grantee abandons its System during the
agreement term, or fails to operate its Cable System in accordance with its duty to provide
continuous service, the City, at its option, may operate the Cable System; designate another
entity to operate the Cable System temporarily until the Grantee restores service under
conditions acceptable to the City or until the agreement is revoked and a new Franchise is
selected by th,e City; or obtain an injunction requiring the Grantee to continue operations. If the
City is required to operate or designate another entity to operate-the Cable System, the Grantee
shall reimburse the City or its designee for all reasonable costs, expenses and damages
incurred.
14.2. What Constitutes Abandonment. The City shall be entitled to exercise its
options and obtain any required injunctive relief if:
14.2.1. The Grantee fails to provide Cable Service in accordance with this
agreement to the Franchise Area for 96 consecutive hours, unless the City authorizes a longer
interruption of service, except if such failure to provide service is due to a force majeure
occurrence, as described in section 4.5; or
14.2.2. The Grantee, for any period, willfully and without cause refuses to provide
Cable Service in accordance with this agreement.
15. FRANCHISE RENEWAL AND TRANSFER.
15.1. Renewal.
15.1.1. Any proceedings undertaken by the City that relate to the renewal of
Grantee's agreement shall be governed by and comply with the provisions of the-Cable Act (47
USC &546), unless the procedures and substantive protections there set forth shall be deemed
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.'
to be preempted and superseded by the provisions of any subsequent provision of federal or
state law.
15.1.2. Notwithstanding anything to the contrary set forth in this agreement, City
and Grantee agree that at any time during the term of the then current agreement, while
affording the public adequate notice and opportunity for comment, City and Grantee may agree
to undertake and finalize negotiations regarding renewal of the then current agreement and the
City may grant a renewal. Grantee and City consider the terms set forth in this section to be
consistent with the express provisions of the Cable Act.
15.2. Transfer of Ownership or Control.
15.2.1. The Cable System and this agreement shall not be sold, assigned,
transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by
voluntary sale, merger, consolidation, nor shall the title, either legal or equitable, or any right,
interest, or property pass to or vest in any Person or entity, without the prior written consent of
the City, which consent shall not be unreasonably withheld. Grantee shall reimburse the City for
all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a
request to transfer or assign the Cable System or this agreement.
15.2.2. The Grantee shall promptly notify the City of any actual or proposed
change in, or transfer of, or acquisition by any other party of control of the Grantee. The word
"control" as used is this section is not limited to majority stockholders but includes actual
working control in whatever manner exercised. A rebuttable presumption that a transfer of
control has occurred shall arise on the acquisition or accumulation by any Person or group of
Persons of 10% of the shares or the general partnership interest in the Grantee, except that this
sentence shall not apply in the case of a transfer to any Person or group already owning at least
a 10% interest of the shares or the general partnership interest in the Grantee. Every change,
transfer or acquisition of control of the Grantee shall make this agreement subject to
cancellation unless and until the City shall have consented.
15.2.3. The parties to the sale or transfer shall make a written request to the City
for its approval of a sale or transfer and furnish all information required by law and the City.
15.2.4. The City shall render a final written decision on the request within 120
days of the request, provided it has received all requested information. Subject to the foregoing,
if the City fails to render a final decision on the request within 120 days, such request shall be
deemed granted unless the requesting party and the City. agree to an extension of time.
15.2.5. Within 30 days of any transfer or sale, if approved or deemed granted by
the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written
instrument evidencing such sale or transfer of ownership or control, certified and sworn to as
correct by Grantee and the transferee.
15.2.6. In reviewing a request for sale or transfer, the City may inquire into the
legal: technical and financial qualifications of the prospective controlling party or transferee, and
Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon
such terms and conditions as it deems reasonably appropriate, provided, however, any such
terms and conditions so attached shall be related to the legal, technical, and financial
qualifications of the prospective controlling party or transferee and to the resolution of
outstanding and unresolved issues of noncompliance with the terms and conditions of this
agreement by Grantee.
2009-2014 AHN CATV Franchise
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15.2.7. The consent or approval of the City to any transfer by the Grantee shall
not constitute a waiver or release of any rights of the City, and any transfer shall, by its terms,
be expressly subordinate to the terms and conditions of this agreement.
15.2.8. Notwithstanding anything to the contrary in this section, the prior approval
of the City shall not be required for any sale, assignment or transfer of the agreement or Cable
System for cable television system usage to an entity controlling, controlled by or under the
same common control as Grantee provided that the proposed assignee or transferee must show
financial responsibility as may be determined necessary by the City and must agree in writing to
comply with all provisions of the agreement.
16. MISCELLANEOUS PROVISIONS.
16.1. Alternative Remedies. If any section, subsection, paragraph, term, or provision of
this Franchise agreement or any ordinance, law, or document incorporated by reference is
determined to be illegal, invalid, unenforceable or unconstitutional by a court of competent
jurisdiction or by any state or federal regulatory authority having jurisdiction determination shall
be confined in its operation to the section, subsection, paragraph, ter.m, or provision directly
involved in the controversy in which such determination shall have been rendered, and shall not
in any way affect the validity of any other section, subsection, paragraph, term, or provision.
Under such a circumstance the Grantee shall, upon the City's request, meet and confer with the
City to consider amendments to the Franchise agreement. The purpose of the amendments
shall be to place the parties, as nearly as possible, in the position that they were in prior to such
determination, consistent with applicable law. In the event the parties are unable to agree to a
modification of this agreement within 60 days either party may (1) seek appropriate legal
remedies to amend the agreement, or (2) shorten the agreement to 36 months, at which point
either party may invoke the renewal procedures under 47 U.S.C. Subsection 546. Each party
agrees to participate in up to 16 hours of negotiation during the 60 day period.
16.2. Preferential or Discriminatory Practices Prohibited. Grantee shall not
discriminate in hiring, employment or promotion on the basis of race, color, creed, ethnic or
national origin, religion, age, sex, sexual orientation, marital status, or physical or mental
disability, Throughout the term of this agreement, Grantee shall fully comply with all equal
employment or nondiscrimination provisions and requirements of federal, state and local law
and, in particular, FCC rules and regulations.
16.3. Dispute Resolution. Should a dispute arise between the parties concerning any
aspect of this agreement which is not resolved by mutual agreement of the parties, and unless
either party believes in good faith that injunctive relief is warranted, the dispute will be submitted
to mediated negotiation prior to any party commencing litigation. In such event, the City and
Grantee agree to participate in good faith in a non-binding mediation process. The mediator
shall be selected by mutual agreement of the parties. In the absence of such mutual agreemeot,
each party shall select a temporary mediator, and those mediators shall jointly select a
permanent mediator.
If the parties are unable to successfully conclude the mediation within 45 days from the
date of the selection of the mediator, either party may terminate further mediation by sending
written notice to the other. After written notice has been received by the other party, either party
may pursue whatever legal remedies exist. All costs associated with mediation shall be borne,
equally and separately, by the parties.
2009-2014 AHN CATV Franchise
Page 27 of 29
16.4. Notices. Throughout the term of the agreement, Grantee shall maintain and file
with City a designated legal or local address for the service of notices by mail. A copy of all
notices from City to Grantee shall be sent, postage prepaid, to such address and such notices
shall be effective upon the date of mailing. At the effective date of this agreement, such
addresses shall be:
AHN Television
607 Siskiyou Blvd.
Ashland, Oregon 97520
All notices to be sent by Grantee to City under this agreement shall be sent, postage
prepaid, and such notices shall be effective upon the date of mailing. At the effective date of this
agreement, such address shall be:
City Administrator
City of Ashland
20 East Main Street
Ashland, Oregon 97520
Either party may with 30 days prior written notice to the other party, change the address(es) to
which notice shall be sent pursuant to this section 17.3.
"
16.5. Binding Effect. This agreement shall be binding upon the parties, their
successors and assigns.
16.6. Authority to Amend. This agreement may be amended at any time by written
agreement between the parties.
16.7. Governing Law. This agreement shall be governed in all respects by the laws of
the State of Oregon.
16.8. Captions. The captions and headings of this agreement are for convenience and
reference purposes only and shall not affect in any way the meaning or interpretation of any
provisions of this agreement.
16.9. Entire Agreement. This agreement contains the entire agreement between the
parties, supersedes all prior agreements or proposals except as specifically set forth in this
agreement, and cannot be changed orally but only by an instrument in writing executed by the
parties. .
16.10 Construction of Agreement. The provisions of this agreement shall be liberally
construed to promote the public interest.
Agreed to this
day of
,2009.
By: Ashland Home Net
By: City of Ashland
Title:
Mayor
Attest:
City Recorder
2009-2014 AHN CATV Franchise
Page 28 of 29
Reviewed as to Content By:
Richard Appicello, City Attorney
Michael Ainsworth, Dir. of Information Technology
2009-2014 AHN CATV Franchise
Page 29 of 29
CABLE HEADEND SYSTEM LEASE AND TRANSFER AGREEMENT
BETWEEN
CITY OF ASHLAND, OREGON
AND
ASHLAND HOME NET CORPORA nON
THIS CABLE HEADEND SYSTEM LEASE AND TRANSFER AGREEMENT (the "Agreement")
entered this day of ,2009, between the City of Ashland, Oregon, by and through its
division Ashland Fiber Network (AFN), hereinafter referred to as "City," and Ashland Home Net
Corporation, a Nevada Corporation, hereinafter referred to as "AHN."
WHEREAS, on July 31, 2006, the City of Ashland (the "City") issued a request for proposals
~~~~~-"---:''"'.~-- . 4
("RFP,: attached hereto as Exhibit A) for the lease of the Cable Headend System (as defined below)
and the provision of cable television services over the Cable Headend System, which was then
operated by AFN; and
~-~~ . ....".-. . ._~...~
WHEREAS, AHN submitted a proposal in response to the RFP (the "Proposal,:,attached he[tl,to,~
Exhibit B) on August 24, 2006; and
WHEREAS, after reviewing AHN's proposal and proposals submitted by other offerors, the City
selected AHN to lease the Cable Headend System and provide cable television services as described
in the RFP; and
WHEREAS, AFN and AHN entered into a Contract for Cable Television Services, dated September
19, 2006 (hereinafter referred to as the "Cable Services Agreement"); and
WHEREAS, City and AHN intended that the Cable Services Agreement would serve as a lease
agreement for the Cable Headend System and as a transfer of certain obligations of AFN under the
Cable Television System Franchise Agreement between the City and AFN, dated August 17,2004;
and
WHEREAS, the existing Franchise Agreement between the City and AFN will terminate when AHN
executes a Franchise Agreement with the City because AFN is no longer a cable operator and will
110t be renewing its franchise; and
WHEREAS, the City and AHN wish to enter into this Agreement to clarify the terms originally set
forth in the Cable Services Agreement and to ensure that Ihe Agreement reflects the intent and
current practices of the parties.
NOW, THEREFORE, THE CITY AND AHN HEREBY AGREE AS FOLLOWS:
1. LEASE OF CABLE HEADEND SYSTEM: City hereby leases to AHN a Cable TV
analog video Headend and all the associated equipment located at City of Ashland, Service Center,
90 N.Mountain Avenue, Ashland, Oregon 97520, as set forth in Exhibit A of the RFP and attached
hereto, and 450 MHz WAN bandwidth provided by and through City's hybrid fiber coax network
(the "Network") as required to provide cable Ie levis ion service to residents of the City of Ashland,
CITY and AHN Lease Agreemenl
Page I of 6
subject to the limitations set forth herein (hereinafter referred to as the "Cable I-leadend System").
The Cable I-leadend System does not include the oulside plant.
2. RENT: AI-lN shall pay City, as rent for the Cable I-leadend System, the sum of two thousand
dollars ($2,000.00) per month, due and payable no later than the first day of each calendar month, All
rent shall be paid without deduction or setoff of any kind, at the address of City as set forth in this
Agreement. The rent for the Cable I-leadend System shall increase annually by five percent (5%) per
month each year for the duration of this iease.
3. TERM OF AGREEMENT: The initial term of this Agreement shall commence on the date
noted above and continue through June 30, 2012. City may, in its sole discretion, extend the term of
this Agreement for two additional one year terms, which extension shall be acknowledged in writing
by City and AHN.
4. USE OF PROPERTY: AI-lN shall use the Cable I-leadend System only for the provision of
cable television services to residents of the City pursuant to the RFP, Proposal and Cable Franchise,
As used herein, "cable services" means (A) the one-way transmission to subscribers of video
programming. AI-lN is not permitted under this Agreement to use the Cable I-leadend System to
provide any non-cable services or for any other purpose.
5. CONDITIONS OF USE:
a. AI-lN's use of the Cable I-leadend System shall be conditioned upon its compliance with
the requirements and obligations set forth in the RFP, Proposal, and Cable Television
System Franchise Agreement (hereinafter "Cable Franchise"). Failure to comply with
these requirements and obligations may result in termination of this Agreement pursuant
to the termination provisions set forth herein. City agrees to provide all information,
documents, materials and services that are within its possession or control and are
required by AHN for performance of the requirements and obligations set forth in the
RFP, Proposal and Cable Franchise,
b. AHN's use of the Cable I-leadend System shall also be conditioned upon maintaining
market penetration of at least ten percent (10%) of serviceable homes passed,
c, AHN shall be responsible for all applicable taxes including, but not limited to, franchise
fees and PEG fees due pursuant to the Cable Franchise. AI-lN shall not deduct from rent
due under this Agreement any such taxes or fees paid by AI-lN.
d. AHN shall obtain all necessary permits and licenses required to operate the Cable
I-leadend System and to provide cable television services over the Cable I-leadend
System.
e. AHN acknowledges that the Cable I-leadend System is located in the same facility as
City's network and that the bandwidth provided to AI-lN under this Agreement is also
used by City to provide internet access services over its Nelwork. AI-lN acknowledges
and agrees that the terms of this Agreement do not limit City's access to that facility for
any purpose associated with the operation, maintenance, repair or use of the Network, nor
does it grant AHN the exclusive use of the Network or otherwise piace any limitations on
City's use of the Network.
f. AI-lN further agrees to the following conditions on access to and use of the Cable
I-leadend System:
CITY and AHN Lease Agreement
Page2of6
1. City and its agents shall at all times (upon reasonable notice to AHN) have access
to the Cable Headend System for the purpose of inspecting it and assessing its
condition and state of repair.
u. AHN shall, at its own expense, operate, maintain, and repair the Cable Headend
System and keep it in proper operating condition during the term of this
Agreement.
Ill. AHN may not operate the Cable Headend System in a manner that fails to
maintain the signal integrity of City's Network or to meet ingress and signal to
noise specifications to City's standards.
IV. AHN may upgrade the Cable Headend System pursuant to the RFP; provided that
any aiteration, improvement, or addition(s) to the Cable Headend System shall be
conducted by AHN with City's prior written permission, and such changes,
additions or aiterations shall be at the sole expense of AHN. All alterations,
improvements, or additions to the Cable Headend System shall become property
of the City after installation.
v. Notwithstanding the grant of use in Section 2.2 of the franchise, Grantee shall not
be pernlitted to erect, install, construct, repair, replace, reconstruct and retain the
Cable Headend System, or any part thereof, without the City's written
permISSIOn.
V!. AHN shall only allow access to the Cable Headend System by designated staff
who have passed background checks by the Ashland Police Department and any
other law enforcement entities deemed necessary by the Ashland Police
Department.
vii. AHN shall not store any equipment or supplies on City property, and shall not
park vehicles on City property other than in authorized parking spaces.
viii. AHN shall not access the network equipment or any other area within City's
property, or use City property for any reason other than as permitted herein or in
the RFP.
6. EFFECT ON PREVIOUS AGREEMENTS AND FRANCHISE AGREEMENT: Upon
execution of this Agreement by both parties, this Agreement shall supersede and render null and void
all previous leases, agreements, and contracts between AFN and AHN, including the Cable Services
Agreement. In addition, the provisions of this agreement shall control if there is a conflict between
this agreement and AHN's Cable Franchise with the City.
7. COMPLIANCE WITH LAWS:
a. This Agreement will be governed by and construed in accordance with the laws of the
State of Oregon. AHN shall promptly observe and comply with all present and future
laws, orders, regulations, rules and ordinances of federal, state and local governments
with respect 10 the lease of the Cable Headend System and the requirements and
obligations of the RFP and Proposal, including but not limited to provisions ofORS
279B.220, 279B.230 and 279B.235,
b. AHN is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. [fit has not already done so as required by the Cable Services Agreement,
within 10 business days of the execution of this Agreement, AHN shall certify to City
that it has workers' compensation coverage required by ORS Chapter 656. If AHN is a
carrier insured employer, AHN shall provide City with a certificate of insurance, ff AHN
CITY and AHN Lease Agreement
Page 3 of6
is a self-insured employer, AHN shall provide City with a certification from the Oregon
Department of fnsurance and Finance as evidence of AHN's status.
8. INSURANCE:
a. AHN shall, at its own expense, at all times during the term of this Agreement, maintain in
force:
1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability,
products and completed operations and owner's and contractor's protective
insurance; and
11. A comprehensive automobile liability policy including owned and non-owned
automobiles.
b. The coverage under each liability insurance policy shall be equal to or greater than the
limits for claims made under the Oregon Tort Claims Act with minimum coverage of
$1,000,000 per occurrence (combined single limit for bodily injury and property damage
claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage. Liability coverage shall be provided on an "occurrence" basis. "Claims
made" coverage is not acceptable, except for the automobile liability policy coverage
required by Section 6(b). _
c. Certificates of insurance acceptable to City shall be filed with City within 10 business
days of the execution of this Agreement, ifnot already on file with City, Each certificate
shall state that coverage afforded under the policy cannot be cancelled or reduced in
coverage until at least thirty (30) days prior written notice has been given to City. A
certificate that states merely that the issuing company "will endeavor to mail" written
notice is unacceptable,
8. INDEMNIFICATION: AHN shall defend, indemnify and hold City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or other expenses
resulting from injury to any person (including injury resulting in death), or damage to property
(including loss or destruction), of whatsoever nature arising out of or incident to the negligent
performance of this Agreement by AHN (including but not limited to, the negligent acts or omissions
of AI-lN's employees, agents and others designated by AHN to access the Cable Headend System,
provide cable television services or to perfoml work or services attendant to this Agreement). AHN
shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses,
directly and proximately caused by the negligence of City.
9. DEFAULT:
a, There shall be a default under Ihis Agreement if either party fails to perform any act or
obligation required by this Agreement within 10 days after the other party gives written
notice specifying the nature of the breach with reasonable particularity. ffthe breach
specified in the notice is of such a nature that it cannot be completely cured within the 10
day period, no default shall occur if the party receiving the notice begins performance of
the act or obligation within the 10 day period and thereafter proceeds with reasonable
diligence and in good faith to effect the remedy as soon as practicable.
b. Notwithstanding Section 9a, either party may declare a default by written notice to the
other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this Agreement.
CITY and AHN Lease Agreement
Page 4 of6
c. If a default occurs, the party injured by the default may elect to terminate this Agreement
and pursue any equitable or legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
d. Any litigation arising out of this Agreement shall be conducted in Circuit Court of the
State of Oregon for Jackson County. .
10. TERMINATION WITHOUT CAUSE: In addition to the right to temlinate this
Agreement under Section 9, City may terminate without cause by giving AHN 60 days prior written
notice, If City terminates without cause under this Section, AHN shall be paid all fees earned and
costs incurred prior to the terminal ion date set forth in the notice. AHN shall not be entitled to be
compensated for lost profits,
II. WAIVER: Failure of City or AHN in anyone or more instances to insist upon the
performance of any of the terms of this Agreement, or to exercise any right or privilege conferred
herein, or the waiver of any breach of any term of this Agreement should not thereafter be construed
as a waiver of such term, which shall continue in force as if no waiver had occurred.
12. ' NOTICES: Any notice required to be given under this Agreement or any notice required to
be given by law shall be in writing and may be given by personal delivery or by registered or
certified mail, or by any other manner. prescribed by law.
a. Notices to City shall be sent to:
Director of Information Technology
City of Ashland
90 N. Mountain Avenue
Ashland, Oregon 97520
With a copy to:
City Administrator
City of Ashland
20 East Main Street
Ashland, Oregon 97520,
b. Notices to AHN shall be sent to:
Ashland Home Net
123 N. I" Street, Suite I
Ashland, Oregon 97520,
13. ASSIGNMENT: City and AHN and the respective successors, administrators, assigns and
legal representatives of each are bound by this Agreement to the other party and to Ihe partners,
successors, administrators, assigns and legal representatives of the olher party. AHN shall not assign.
or subcontract AHN's rights or obligations under this Agreement without prior written consent of
City. Except as stated in this Section, nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than City or AHN.
14. MODIFICATION: No modification of this Agreement shall be valid tinless in writing and
signed by the parties.
CITY and AHN Lease Agreement
Page 5 of6
IN WITNESS WHEREOF, the parties have executed this Agreement at Ashland, Oregon, on this
day of , 2009.
By: City of Ashland
By: Ashland Home Net
Michael Ainsworth, Interim Director of IT
President
ORDER
The governing body hereby approves and authorizes the terms of this lease as set forth above.
Mayor/Mayor's Designee, City of Ashland
Date
CITY and AHN Lease Agreement
Page 60f6
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing to Consider Adopting the Annual Budget
June 2, 20'0'9 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Bennet Estimated Time: 15 minutes
Question:
Will Council adopt the Fiscal Year 20'0'9-20'1 a Annual Budget as presented or with modifications?
Staff Recommendation:
Staff recommends approval of the accompanying three Resolutions and the reading by title only of the
Ordinance.
Background:
The Budget Committee and/or Budget Sub Committee met twelve times this winter and spring and
thoroughly reviewed this budget. On May 13, 20'0'9, the Budget Committee met and approved the
budget and recommended it for adoption. The Council must take the actions listed below to establish
the FY 20'0'9-20'10' budget.
Oregon Budget law allows the elected body to increase expenditures by $5,0'0'0' or 10'% (whichever the
greater) of any fund without further review and approval by the Committee, Council cannot increase
the tax rate without republishing the amended budget and a second hearing before July I.
Total changes to a fund beyond 10'% also would require re-publishing the amended budget and holding
another public hearing prior to July I, A summary memo is provided that identifies changes made to
the proposed budget to create the approved budget.
Council certifies that the City qualifies for subventions by resolution each year. Additionally, Council
annually adopts a resolution electing to receive an apportionment of the Oregon Department of
Administrative Services General Fund revenues derived from taxes imposed as part of State Revenue
Sharing. These are both necessary steps in the 20'0'9-20'1 a budget process.
The operating property tax rate is calculated to increase from $4.0'797 to $4.1973 for a total of
$8,40'0',50'0' from the permanent rate. The net increase of$a.1176 will be revenue for the General Fund
to fund 2 Firefighters, the CERT Coordinator and restore a Police Clerk from ,5 FTE to I.a-FTE, The
new rate continues to include a $0'.1750' rate to help pay for debt service requirements for the Ashland
Fiber Network loan and $2,0'928 for the Parks Fund. The local option levy that is included for the
Library has Committee approval of $0', 190'0'. This levy will generate $376,393 before discounts.
Included as well is $399,885 to pay for bonded debt approved by the public,
The ordinance authorizing the tax levy rate is consistent with the Budget Committee's approved tax
rates and amounts.
~~.,
CITY OF
ASHLAND
Related City Policies:
Financial Management Policies
Council Options:
a. Council approves the three accompanying Resolutions and the reading by title only of the
Ordinance.
b. Council does not approve the three accompanying Resolutions and the reading by title only of
the Ordinance.
Potential Motions:
a. Council moves to approve the three accompanying Resolutions and the reading by title only of
the Ordinance.
b. Council moves to approve the three accompanying Resolutions and the reading by title only of
the Ordinance as modified by discussion.
c, Council takes no action pending further infonnation or clarification.
Attachments:
Memo to Mayor and Council
Fiscal Year 2009-2010 Summary of Changes
Resolution adopting budget and making appropriations
Resolution certifying City qualifies for State Subventions
Resolution declaring City receive State revenue
Ordinance levying taxes for FY 2009-2010
rj.'
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
June 2, 2009
Mayor and Council
Lee Tuneberg, Budget Officer
FY 2009-2010 Budget Process - Summary of Changes
During this year's process we invested over 30 hours reviewing budgets, projections and
issues, The changes made total $1,714,000 across all funds and include $1,285,000
proposed by staff and $429,000 determined by the committee resulting in a total Approved
Budget of $82,619,962. The Approved Budget includes a $67,057,035 in Appropriations.
Below is a summary of adjustments made at various stages of the process:
1. Preliminary revisions to the Proposed Budget from staff:
a. Increase in General Fund Ending Fund Balance (EFB) of $24,000 recognizing the
amount of Community Emergency Response Team (CERT) grant to be received in
the year. Expenditures had already been included. '
b. Increase in Community Development Block Grant Fund expenditures in Materials &
Services of $55,000 recognizing the award of a housing grant to be received during
FY 2009-2010,
c. An increase of $1,150,000 in Airport Fund, Capital Outlay, to create appropriations
consistent with the projects transferred from the Airport Fund and an additional grant
of $1 ,000,000 to be received in FY 2009-2010. EFB was increased by $125,000 for
use in FY 2010-2011.
2. Committee revisions finalized at the May 13, 2009, meeting:
a, An increase in the General Fund of $32,000 in the Police Department and
$182,000 in the Fire Department for a total of$214,000 in positions restored by
raising property taxes $0.1176. This increase returned the PD clerk to full time
and added back two Firefighter/Paramedics and the CERT Coordinator positions.
A reduction of $70,000 in Fire Department overtime helped to offset the increase.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tunoberg, Director Tel: 541488-5300
20 East Main Street Fax: 541-552-2059
Ashland,Oreg0l197520 TTY: 800-735-2900
www.ashland.or.us
r~'
CITY OF
ASHLAND
Memo
b. A Reserve Fund (special revenue fund) was created by a transfer of $215,000
from the Street Fund. The transfer reduces the Street Fund EFB by the
$215,000 and no appropriation was created in the Reserve Fund. The amount
transferred will create an EFB that will not be available for use until the FY 2010-
2011 budget process.
The result of these changes is a total budget of $82,619,962 and a proposed property tax rate
$4.5871 for all funds and debt service. This budget leaves $0,08920 of the permanent rate
unlevied.
A resolution incorporating all changes has been submitted. Mayor and Council can approve
the resolution as submitted or make adjustments to appropriations within the guidelines
established by Oregon Budget law that allows adjustments to any fund of up to $5,000 or 10%,
whichever is larger.
ADMINISTRATIVE SERVICES DEPARTMENT
D, L. Tuneberg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
....
r_"1
City of Ashland
Fiscal Year 2009.2010 Summary of Changes
2010 Staff Committee 2010
Proposed Revisions Revisions Approved
GENERAL FUND
Administration Department 201,590 201,590
Administration Department - Uhrary 355,088 355,088
Administration Department- Municipal Court 419,924 419,924
Administrative Services - Sodal Services Grants 120,342 120,342
Administrative Services - Economic & Cultural Grants 570,000 570,000
Administrative Services - fWscellaneous 45,000 45,000
Administrative SeNices - Band 57,619 57,619
Police Department 5,427,435 32,000 5,459,435
Fire and Rescue Department 4,903,705 182,000 5,085,705
Public Works - Cemetery Division 310,305 310,305
Community Development- Planning Division 1,214,363 1,214,363
Community Development - Building Division 656,331 656,331
Transfers SOO SOO
Contingency 400,000 400,000
Ending Fund Balance 1,308,508 24,000 1,332,508
TOTAL GENERAL FUND 15,990,710 24,000 214,000 16,228,710
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Personal Services 38,000 38,000
Materials and Services 400,958 55,000 455,958
Ending Fund Balance
TOTAL CDBG FUND 438,958 55,000 493,958
RESERVE FUND
Transfers
Ending Fund Balance 215,000 215,000
TOTAL RESERVE FUND 215,000 215,000
STREET FUND
Public Works - Street Operations 4,106,258 12,000 4,118,258
Public Works. Storm Water Operations 620,878 620,878
Public Works - Transportation SDC's 561,400 561,400
Public WOIks - Storm Water SDC's 274,000 274,000
Public WOIks - Local Improvement Districts 196,098 196,098
New-Debt
Transfers 215,000 215,000
Contingency 88,000 88,000
Ending Fund BaJance 1,593,363 69,000 (215,000) 1,447,363
TOTAL STREET FUND 7,439,997 81,000 7,520,997
AIRPORT FUND
Materials and Services 78,750 78,7SO
Capital Outlay 150,000 (150,000)
Debt Service 38,537 38,537
InlerlundLoan 80,000 80,000
Contingency 5,000 5,000
Ending Fund Balance 9,024 9,024
TOTAL AIRPORT FUND 361,311 (150,000) 211,311
CAPITAL IMPROVEMENTS FUND
Personal Services 181,905 181,905
Materials and Services 361,905 361,905
Capital Outlay 258,690 1,150,000 1,408,690
Transfers 278,046 278,046
Contingency 50,000 50,000
Ending Fund BaJance 2,012,061 125,000 2,137,061
TOTAL CAPITAL IMPROVEMENTS 3,142,607 1,275,000 4,417,607
I
H:IShipletDICouncillCouncil Communicalion\20091June 1 and 21060209 Public Hearing re Budget.atch2.xls exp
5/27/200911 :37 AM
2010 Slaff Committee 2010
Proposed Revisions Revisions Approved
DEBT SERVICE FUND
Debt Service 2,390,535 2,390,535
Ending Fund Balance 1,149,113 1,149,113
TOTAL DEBT SERVICE FUND 3,539,648 3,539,648
WATER FUND
Public Works + Forest Lands Management Division 241,820 241,820
Public Works-Water Supply 315,616 315,616
Public Works - Water Treatment 1,070,748 1,070,748
Public Works - Water Distribution 2,486,783 2,486,783
Public Works - Reimbursement SOC's 328,750 328,750
Public Wofks - Improvement SOC's 266,250 266,2SO
Public Works. Debt SOC's 123,446 123,446
Electric- Coo5efVation Division 178,292 178,292
Debt Services 633,518 633,518
Contingency 139,000 139,000
Ending Fund Balance 837,814 837,814
TOTAL WATER FUND 6,622,037 6,622,037
WASTEWATER FUND
Public Works - Wastewater Collection 1,658,499 1,658,499
Public Works - Wastewater Treatment 2,155,544 2,155,544
Public Works - Reimbursement SDC's 127,890 127,890
Public Works - Improvement SOC's 550,000 550,000
Debt Services 1,877,557 1,877,557
Contingency 150,000 150,000
Ending Fund Balance 3,020,769 3,020,769
TOTAL WASTEWATER FUND 9,540,259 9,540,259
ELECTRIC FUND
Electric - Conservation Division 504,498 504,498
Electric-Supply 5,905,204 5,905,204
Electric-Distribution 5,432,581 5,432,581
Electric - Transmission 903,600 903,600
Debt Services 25,108 25,108
Contingency 372,000 372,000
Ending Fund Balance 649,494 649,494
TOTAL ELECTRIC FUND 13,792,485 13,792,485
TELECOMMUNICATIONS FUND
IT -Internet 1,720,228 1,720,228
IT - H~h Speed 387,834 387,834
Contingency 100,000 100,000
Ending Fund Balance 325,135 325,135
TOTAL TELECOMMUNICATIONS FUND 2,533,197 2,533,197
CENTRAL SERVICES FUND
Administration Department 1,311,716 1,311,716
IT - COfTlluter Services Division 1,145,133 1,145,133
Administrative Services Department 1,679,890 1,679,890
City Recorder Division 277,539 277,539
Public Worts - Administratioo and Engineering 1,383,370 1,383,370
Contingency 169,000 169,000
Ending Fund Balance 12,531 12,531
TOTAL CENTRAL SERVICES FUND 5,979,179 5,979,179
H:\ShipletD\Council\Council Communication\2009\June 1 and 2\060209 Public Hearing re Budget.atch2.xls exp
5/27/200911 :37 AM
2010 Staff Committee 2010
Proposed Revisions Revisions Approved
INSURANCE SERVICES FUND
Personal Services 80,130 80,130
fv1alerials and Services 680,803 680,803
Contingency 150,000 150,000
Ending Fund Balance 543,266 543,266
TOTAL INSURANCE SERVICES FUND 1,454,199 1,454,199
EQUIPMENT FUND
Personal Services 288,120 288,120
fv1aterials and Services 515,009 515,009
Capital Outlay 334,000 334,000
Contingency 47,000 47,000
Ending Fund Balance 1,322,161 1,322,161
TOTAL EQUIPMENT FUND 2,S06,290 2,S06,290
CEMETERY TRUST FUND
Transfers 20,000 20,000
Ending Fund Balance 812,948 812,948
TOTAL CEMETERY TRUST FUND 832,948 832,948
PARKS AND RECREATION FUND
Parks Division 3,319,100 3,319,100
Recreation Division 1,115,875 1,115,875
Golf Division 398,420 398,420
Contingency 50,000 50,000
Ending Fund Balance 1,450,910 1,450,910
TOTAL PARKS AND RECREATION FUND 6,334,305 6,334,305
VOUTH ACTIVITIES LEVY FUND
Materials and Services 100,000 100,000
Ending Fund Balance 10,591 10,591
TOTAL YOUTH ACTIVITIES LEVV FUND 110,591 110,591
PARKS CAPITAL IMPROVEMENTS FUND
Capital Outlay
Ending Fund Balance 287,239 287,239
TOTAL PARKS CAPITAL IMP. FUND 287,239 287,239
TOTAL BUDGET 80,905,962 1,285,000 429,000 82,619,962
less Ending Fund Balance 15,344,927 218,000 15,562,927
Total Appropriations 65,561,035 1,067,000 429,000 67,057,035
H:IShipletDlCouncillCouncil Communicalion\2009\June 1 and 21060209 Public Hearing re Budget.atch2.xls exp
5/27/2009 11 :37 AM
RESOLUTION 2009-
RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING
APPROPRIATIONS
The City of Ashland resolves that the 2009-2010 Fiscal Year Budget, now on file in the
office of the City Recorder is adopted. The amounts for the fiscal year beginning July 1,
2009, and for the purposes shown below are hereby appropriated as follows:
SECTION 1:
GENERAL FUND
Administration Department
Administration Department- Library
.Administration Department- Municipal Court
Administrative Services - Social Services Grants
Administrative Services - Economic & Cultural Grants
Administrative Services - Miscellaneous
Administrative Services - Band
Police Department .
Fire and Rescue Department
Public Works - Cemetery Division
Community Development - Planning Division
Community Development - Building Division
Transfers
Contingency
TOTAL GENERAL FUND
$ 201,590
355,OBB
419,924
120,342
570,000
45,000
57,619
5,459,435
5,OB5,705
310,305
1,214,363
656,331
500
400,000
14,B96,202
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Personal Services
Materials and Services
TOTAL CDBG FUND
3B,000
455,95B
493,95B
STREET FUND
Public Works - Street Operations
Public Works - Storm Water Operations
Public Works - Transportation SDC's
Public Works - Storm Water SDC's
Public Works - Local Improvement Districts
Transfers
Contingency
TOTAL STREET FUND
4,11B,25B
620,B7B
561 ,400
274,000
196,09B
215,000
BB,OOO
6,073,634
AIRPORT FUND
Materials and Services
Debt Service
Other Financing Uses (Interfund Loans)
Contingency
TOTAL AIRPORT FUND
7B,750
3B,537
BO,OOO
5,000
202,2B7
CAPITAL IMPROVEMENTS FUND
Personal Services
Materials and Services
1B1,905
361,905
Page I of3
Capital Outlay
Transfers
Contingency
TOTAL CAPITAL IMPROVEMENTS
1,408,690
278,046
50,000
2,280,546
DEBT SERVICE FUND
Debt Service
TOTAL DEBT SERVICE FUND
2,390,535
2,390,535
WATER FUND
Electric - Conservation Division
Public Works - Forest Lands Management Division
Public Works - Water Supply
Public Works - Water Treatment
Public Works - Water Distribution
Public Works - Reimbursement SDC's
Public Works - Improvement SDC's
Pubiic Works - Debt SDC's
Debt Services
Contingency
TOTAL WATER FUND
178,292
241,820
315,616
1,070,748
2,486,783
328,750
266,250
123,446
633,518
139,000
5,784,223
WASTEWATER FUND
Public Works - Wastewater Collection
Public Works - Wastewater Treatment
Public Works - Reimbursement SDC's
Public Works - Improvement SDC's
Debt Service
Contingency
TOTAL WASTEWATER FUND
1,658,499
2,155,544
127,890
550,000
1,877 ,557
150,000
6,519,490 .
ELECTRIC FUND
Electric - Conservation Division
Electric - Supply
Electric - Distribution
Electric - Transmission
Debt Service
Contingency
TOTAL ELECTRIC FUND
504,498
5,905,204
5,432,581
903,600
25,108
372,000
13,142,991
TELECOMMUNICATIONS FUND
IT - Internet
IT - High Speed
Contingency
TOTAL TELECOMMUNICATIONS FUND
1,720,228
387,834
100,000
2,208,062
CENTRAL SERVICES FUND
Administration Department
IT - Computer Services Division
Administrative Services Department
City Recorder Division
Public Works - Administration and Engineering
Contingency
1,311,716
1,145,133
1,679,890
277 ,539
1,383,370
169,000
Page 2 of3
TOTAL CENTRAL SERVICES FUND
INSURANCE SERVICES FUND
Personal Services
Materials and Services
Contingency
TOTAL INSURANCE SERVICES FUND
EQUIPMENT FUND
Personal Services
Materials and Services
Capital Outlay
Contingency
TOTAL EQUIPMENT FUND
CEMETERY TRUST FUND
Transfers
TOTAL CEMETERY TRUST FUND
PARKS AND RECREATION FUND
Parks Division
Recreation Division
Golf Division
Contingency
TOTAL PARKS AND RECREATION FUND
YOUTH ACTIVITIES LEVY FUND
Personal Services
Materials and Services
TOTAL YOUTH ACTIVITIES LEVY FUND
PARKS CAPITAL IMPROVEMENTS FUND
Capital Outlay
TOTAL PARKS CAPITAL IMP. FUND
TOTAL APPROPRIATIONS
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this
Barbara Christensen, City Recorder
SIGNED AND APPROVED this _ day of June, 2009.
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of3
day of
5,966,648
80,130
680,803
150,000
910,933
288,120
515,009
334,000
47,000
1,184,129
20,000
20,000
3,319,100
1,115,875
398,420
50,000
4,883,395
100,000
100,000
$
67,057,035
,2009.
John Stromberg, Mayor
RESOLUTION 2009-
RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL
SERVICES TO QUALIFY FOR STATE SUBVENTIONS
RECITALS:
A. ORS 221.760 provides as follows:
Section 1. The officer responsible for disbursing fund to cities under ORS 323.455,
366.785 to 366,820 and 471.805 shall, in the case of a'city located within a county having more
than 100,000 inhabitants according to the most recent federal decennial census, disburse such
funds only if the city provides four or more of the following services:
1 . Police Protection
2. Fire Protection
3, Street construction, maintenance, lighting
4, Sanitary Sewer
5, Storm Sewer
6. Planning, zoning and subdivision control
7. One or more utility services
B. City officials recognize the desirability of assisting the state officer responsible for
determining the eligibility of cities to receive such funds in accordance with 221.760.
Be it resolved, the City of Ashland hereby certifies that it provides the following municipal services
enumerated in ORS 221.760(1):
1. Police Protection
2. Fire Protection
3. Street construction, maintenance, lighting
4. Sanitary Sewer
5, Storm Sewer
6, Planning
7. Electric Distribution
8. Water
This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this
day of
,2009.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this _ day of June, 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
RESOLUTION 2009-_
A RESOLUTION DECLARING THE CITY'S ELECTION
TO RECEIVE STATE REVENUES
RECITALS:
The City must annually adopt a resolution electing to receive an
apportionment of the Oregon Department of Administrative Services General
Fund revenues derived from tax imposed on the sale of liquor as part of State
Revenue Sharing.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
Pursuant to ORS 221.770, the City elects to receive state revenues for fiscal
year 2009-2010.
This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this
2009.
day of
Barbara Christensen, City Recorder
SIGNED AND APPROVED this _ day of June, 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of2
A RESOLUTION DECLARING THE CITY'S ELECTION
TO RECEIVE STATE REVENUES
I certify that a public hearing before the Budget Committee was held on May 13, 2009
and a public hearing before the City Council was held on June 2, 2009, giving citizens an
opportunity to comment on use of State Revenue Sharing,
Barbara Christensen, City Recorder
Page 2 of2
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2009 TO AND
INCLUDING JUNE 30, 2010, SUCH TAXES IN THE SUM OF $9,176,778 UPON ALL THE
REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the
adopted budget in the permanent rate of $4.1973 per thousand an amount estimated to be
$8,400,500, voter authorized Local Option in the rate of $.19 per thousand an amount estimated to
be $376,393 as well as $399,885 authorized for the repayment of General Obligation Debt and that
these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2009, on
all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the
following funds:
Subject to General Excluded from General
Government Limitation Government Limitation Rate
Permanent Rate Local Option Bonded Debt Per $ 1,000
General Fund - Operations $ 3,861,761 1.9295
General Fund - Technology Fee 350,000 0.1750
Parks and Recreation Fund 4,188,739 2.0928
Ashland Library Levy 376,393 0.1900
2000 Flood and Fire Station Bonds 167,506
2005 Refinancing 232,379
$ 8,400,500 $ 376,393 $ 399,885
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 Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Ordinance & Resolution: Fees and Char~es for Municipal Court Administration
Meeting Date: June 2, 2009 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us
Secondary Dept.: Administration Secondary Contact: Tina Gray
Approval: Martha Benne Estimated Time: 30 minutes
Question:
I. Should the City Council conduct and approve First Reading of an ordinance titled, "An
Ordinance Establishing Fees and Charges for Municipal Court Administration" and move the
ordinance on to Second Reading?
2. Should the City Council approve the attached Resolution entitled "A Resolution Establishing
Fees and Charges for the Administration of the Ashland Municipal Court." said Resolution to take
effect on the effective date of the Ordinance?
Staff Recommendation:
Staffrecommends the Council receive public comment on the proposed ordinance and fee resolution
consistent with ORS 294.160. Staff further recommends Council approve First Reading of the
ordinance and move the Ordinance to Second Reading on June 16,2009.
Staff recommends approval of the attached resolution with delayed effective date consistent with the
effective date of the Ordinance. In the alternative, Staffrecommends the Council direct staff to make
changes to the Resolution and bring the Resolution back for approval on June 16,2009.
Background:
The Ashland Municipal Court currently imposes several types of fees and charges for Court actions
and services. [See attached 5-28 2008 email from Vicki Christensen]. In addition, court appointed
counsel fees are currently set by the Court at $250.00 per case up to five hours, then $50.00 per hour;
$400.00 for a bench trial and $600.00 for a jury trial. Finally, during last year's Ashland Budget
Committee meeting, the Municipal Court Judge indicated a need to establish a local court fee to set up
a payment plan (commonly known as an Installment Fee).
In general, absent state law, (i.e. statute imposing a specific fee or granting specific authority to impose
a fee), all Court fees, like all municipal court operations, are subject to City ordinances. [Ashland City
Charter: Article 15, Section I & Section 5]. The City Council may establish by Ordinance or
Resolution such fees and charges as the Council deems appropriate. However, ORS 294.160(1)
requires the City provide for an opportunity for interested persons to comment on the enactment of any
ordinance or resolution prescribing a new fee or increasing a fee. The attached ordinance and
resolution comprehensively address all local fees and charges for Administration of the Ashland
Municipal Court. [Please review the "Minimum Fine" Council Communication for explanation of
how local assessment (fees) fit in with other required state and cOl/nty assessments.]
Page 1 of3
~~.,
CITY OF
ASHLAND
The proposed Ordinance, together with the Implementing Resolution, set forth the actions or events
triggering the imposition of a local fee or charge. "Notes" in the Resolution reference the allowance in
the Ordinance for waiver or reduction of fees within the discretion of the Court. A separate document
entitled "Instructions" explains the application of the fees and charges. A comparison matrix was
prepared by Assistant City Attorney Megan Thornton to show examples of fees and charges by other
Courts. Additional ordinance provisions concerning minimum fines [that were included in a 2008
draft of this ordinance] are presented in a separate companion ordinance amending AMC Chapter 1.08.
While the Judge did not request this ordinance and resolution, the Installment Fee is included in the
proposed Resolution. [See No. (24)]. Several of the existing Court fees [see attached 5-28-08 email]
are incorporated into the Resolution to allow for public input on the fees and to clarify their
application. Some fees are simply discontinued. Several new fees are added. The Resolution also
compiles in one place other commonly used fees and charges which are required or specified in state
law. [See for example: (5 - Collection Fee), (14- Marijuana Diversion Fee), (16- Drivers License
Suspension Fee), (18 - Driving Record Fee), (25-Interest on Criminal Judgments), (33-Per Diem Jail
Reimbursement), and (3S-Subpoena Fee).]
As noted, some of the fees listed (e.g. those just above) reflect state law and are merely compiled for
convenience. As regards other fees, the City Council should carefully review the proposed Resolution,
examine the applicable Notes and Instructions and then consider and discuss whether the specified fees
and charges are desirable from a policy perspective. Reading the Notes and Instructions (and
referenced Ordinance provisions) is absolutely necessary to inform the discussion.
For example Fee 26 is a $100 fee for a Jury Trial. This fee, per Note I, is not imposed if the defendant
is found not gui1tv of the charged offense or a lesser included offense. The fee is imposed when the
defendant is found guilty. Note 4 grants to the Court the discretion to waive or reduce the fee based on
AMC 4.35.030C - which Ordinance provision calls for a written finding based on evidence, that the
defendant is indigent, cannot pay on an installment basis, and further that no fine or state or county
assessments have been imposed. [These are standards/or waiver or reduction o/state assessments].
The Instructions clarify that the Council could in fact require a deposit for ajury trial up to $60.00
pursuant to ORS 221.354(3); however no deposit is being required here, the fee is imposed only ifthe
defendant is found guilty or settles the case within 18 hours of the trial date. (This is because jurors
are compensated at $10.00 each even if the matter settles the day of trial). The Council can consider
the policy decision to not require a deposit. Council can also consider whether the allowance for
waiver or reduction is appropriate in the circumstances described. Finally, Council could decide that
as a policy matter, that the exercise of the right to jury trial is more important than any cost recovery,
and that no fee should be charged. Some jurisdictions (e.g. St. Helens - see matrix) have made this
policy choice.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Page 2 of3
....
IF_ .,
CITY OF
ASHLAND
Council Options:
(1) Move to approve First Reading and continue the matter to June 16,2009 for Second Reading.
(2) Move to approve the Fee Resolution, effective on the effective date ofthe Ordinance.
(3) Move to postpone approval of the Fee Resolution until June 16, 2009
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading
and set Second Readingfor June 16, 2009
Council: Motion to Approve "A Resolution Establishing Fees for the Administration of Ashland
Municipal Court" [or] Motion to continue proposed Municipal Court Fee Resolution to June 16.
2009"
Attachments:
Ordinance
Resolution w/notes and Instructions
5-28-08 email from Vicki Christensen
Matrix of Fees in Oregon
\
Page 3 of 3
....
IF....
ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES AND CHARGES
FOR MUNICIPAL COURT ADMINISTRATION
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" -,.. and additions are bold underlined.
WHEREAS, Article 2. Section 1 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 Firefiahters. Local 1660. Beaverton Shop. 20 Or.
App. 293. 531 P 2d 730, 734 (1975); and
WHEREAS, Article 9, Section 1 of the City Charter also expressly provides for the
recovery of the "costs of prosecution"; and
WHEREAS, Article 15, Section 1 of the Charter for the City of Ashland authorizes the
City Council to adopt ordinances governing the operations and conduct of the Municipal
Court; and
WHEREAS, the City of Ashland Municipal Court incurs administrative costs in
processing various criminal actions as defined in ORS 13fo05, including both
violations and misdemeanor offenses; and
WHEREAS, those who commit criminal actions, including violations and misdemeanor
offenses should pay at least a portion of administrative costs incurred.
WHEREAS, in accordance with ORS 294.160(1), on June 2" 2009 the City Council of
the City of Ashland provided an opportunity for public comment on this proposed
ordinance and en the proposed resolution for Municipal Court Administration Fees; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: Short Title: This ordinance shall be known as the "Municipal Court
Page 1 of 6
Administration Fees and Charges".
SECTION 3. New Section: The following new Section 4.35, together with subsections
thereof, is hereby added to the Ashland Municipal Code:
4.35 Municipal Court Administration Fees and CharQes
4.35.005 Establishment of Fees for Administration of Municipal Court.
The Ashland City Council is hereby authorized to establish by resolution of the
Council, after compliance with ORS 294.160(1), fees and charqes to be imposed in
criminal actions concerninQ administration of the Ashland Municipal Court.
Consistent with ORS 131.005, "criminal action" for purposes of this ordinance
includes any non-criminal violation as well as any criminal misdemeanor offense
within the iurisdiction of the Court. The resolution, attached hereto and
incorporated herein by this reference, includes specific types of fees and
charQes, dollar amounts, notes and instructions that may be modified bv future
resolutions of the City Council without amendinQ this chapter.
4.35.010 Imposition of Fees and CharQes by the Municipal Court.
The Ashland Municipal Court and Violations Bureau shall impose in every
criminal action, the applicable Municipal Court administration feels) or charQe(s)
as described in this chapter and set forth in the resolution, unless a waiver or
reduction is Qranted in accordance with AMC 4.35.030 or Qenerallaw. Unless
properly waived, the amount of applicable fees and charQes specified in the
resolution shall be included as part of any iudQment for all those who admit or
are otherwise determined to have committed a criminal action.
4.35.020 Imposition of Specific Fees and CharQes.
A. Uncontested non-criminal violationsl mail. The fees for Court Costs and
Court Securitv & Traininq shall be incorporated into a bail schedule published bv
the Citv Administrator or desiqnee in accordance with City Code. The
incorporation of such Citv fees and charqes into the bail schedule shall result in
correspondinqly hiqher base fine amounts noted on violation citations issued by
the City Police and Code Compliance Officers. The fees for Court Costs and
Court Security & TraininQ shall be included in the base fine amount by the Court
and Violations Bureau on every iudQment arisinq from a citation that is
uncontested and delivered to the Court by U.S. mail.
B. Guilty Pleas, Trials, & Default Judqments. If the Court or Violations Bureau
in a criminal action, finds a defendant Quilty after a trial, accepts a Quilty plea,
accepts a no contest plea, or orders a default iudQment (in the case of a violation,
or reduced crime), the Court shall impose the fees for Court Costs and Court
Security & TraininQ, and in appropriate cases the fees for Trial or Default
Page 2 of 6
Judqments, as set forth in the resolution, and said fees shall be reflected on any
iudqment.
C. Diversions, Deferred Sentences, Compromises and Mediations. If the
Court or Violations Bureau, approves a City Attorney diversionl deferred
sentence, a Court diversion for a violation, a civil compromise, a Court mediation
or City Attorney mediation, the Court shall impose the correspondinq feels) and
charqels) as set forth in the resolution, and said fees shall be reflected on any
such aqreement.
D. Show Cause-Probation, Diversion and Other Violations. If the Court or
Violations Bureau, finds a defendant in violation of the terms of a Court
probation, a Court diversion, a City Attorney diversion I deferred sentence, an
approved civil compromise. a Court mediation or City Attorney mediation, either
by admission, plea or followinq a hearinq, the Court shall impose the
correspondinq feels) and charqels) as set forth in the resolution, and said fees
shall be reflected on any iudqment or aqreement.
E. Installment Payment. If the Court or Violations Bureau, sets up an
. installment payment plan because the monetary obliqation of the defendant will
not be paid in full within 30 days, the Court shall impose the Installment Fee and
assess interest on the iudqment as set forth in the resolution, and said fees shall
be reflected on any iudqment or aqreement.
F. Other Fees and Charqes: The Court shall impose all applicable feels) and
charqels) as set forth in the resolution, unless a waiver or reduction is qranted in
accordance with AMC 4.35.030, and said fees shall be reflected on any iudqment
or aqreement.
4.35.030 Waiver or Reduction of Fees and Charqes by the Municipal Court.
Notwithstandinq any other provision of law, the Ashland Municipal Court or
Violations Bureau mav not defer, waive suspend or otherwise reduce the fees and
charqes set forth in the resolution except as follows:
A. No fees or charqes shall be imposed when the Municipal Court or iury. after
trial. determines that the person issued the citation or complaint did not commit
the offense charqed, or any lesser included offense: or
B. No fees or charqes shall be imposed when the charqe is dismissed by
motion of the City Attorney, for whatever reason, includinq a plea barqain. For
purposes of this section, fees and charqes shall not include restitution to the
victim for an offense dismissed by plea barqain. Routine motions .to dismiss
successfully completed diversions, deferred sente'nces,' compromises,
mediations, and like actions shall not be exempt from fees and charqes under
this section.
Page 3 of 6
C. Specified Fees and charQes may be waived or reduced in whole or in part
when the Municipal Court makes a written findinQ supported by competent
evidence in the record (i.e. a sworn Financial Statement) that:
1) the defendant is indiQent: and
2) the defendant cannot pay the obliQation on an installment basis; and
3) the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charQe.
The specified fees and charQes subiect to this type of waiver or reduction are the
followinQ: Bench Trial, Discovery and Jury Trial. Attorney fees may only be
imposed, waived or reduced in accordance with Qeneral state law. Attorney fees
shall not be waived by the Court for civil compromises and City Attorney
diversion/deferred sentences when repayment of such fees was aQreed to as part
of a neQotiated plea barQain.
, D. After imposition of all applicable fees and charQes for one criminal action.
the Ashland Municipal Court may waive or reduce specified fees and charQes
prescribed for other criminal actions disposed of on the same day. This
authorized local waiver or reduction does not automatically waive or reduce state
and county assessments. The subseQuent actions where fees are waived or
reduced shall be of eQual or lesser severity to the initial oriQinal criminal action
(in terms of classification) where all fees and charQes are assessed. The
specified fees and charQes subiect to this type of waiver or reduction are the
followinQ: Court Costs, Court Security & TraininQ, Installment Fee, Motion
reQuirinQ a hearinQ, and Show Cause.
E. The Ashland Municipal Court shall waive fees and charQes prescribed for
Failure to Appear at Bench Trial, or Show Cause HearinQ and, Failure to Appear at
JUry Trial. inclusive of fees and charQes associated with any default taken under
ORS 153.102. if the Court makes a written findinQ based on competent evidence
in the record that the failure to appear was due to circumstances beyond the
control of the defendant and otherwise throuQh no fault of the defendant.
F. The Municipal Court may waive interest on JudQments in accordance with
state statute
4.35.035 Deductions from Posted Bailor Security/ Return
A. Application. In the event posted bail or financial security is forfeited for
any reason, includinQ but not limited to. violation of a security release aQreement.
or applied to discharQe monetary obliQations imposed in a iudQment. the
applicable fees and charQes prescribed in the resolution shall be deducted from
posted bailor financial security. unless properly waived or reduced pursuant to
AMC 4.35.030.
Page 4 of 6
B. Return charQes. If all monetary and other obliQations are discharQed and
posted financial security is returned, the Court shall retain administrative
. charQes. of fifteen (15%) percent of the security, and not less than five dollars
($5.00) nor more than two hundred dollars ($200.00). exclusive of interest per
ORS 135.265.
4.35.040 Additional Monetary ObliQations
All City fees and charQes specified in this ordinance and implementinQ resolution
shall be monetary obliQations in addition to. and not in lieu of. any other State or
County assessments. Such local fees and charQes, tOQether with State and
County assessments shall be added to, and shall not be deducted from. minimum
fines specified bv state statute or local ordinance.
4.35.050 No Limitation.
NothinQ in this chapter is intended to detract from the inherent power of the Court
pursuant to Qenerallaw to impose additional fees and charQes established in
state law or City ordinance in addition to the fees and charQes specified herein.
4.35.060 No Taxation.
The City Council determines that the Municipal Court Administration Fees and
CharQes authorized bv this chapter and imposed bv resolution of the City
Council are not taxes subiect to the property tax limitations of the OreQon
Constitution.
4.35.070 Not applicable to ParkinQ.
The fees and charQes authorized bv this chapter and the resolution do not applv
to citations for violation of parkinQ limitations established by city ordinance,
resolution or order.
SECTION 4. Severabilitv.
If any section. provision, clause. sentence, or paraQraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid. such
invaliditv shall not affect the other sections. provisions, clauses or paraQraphs of
this Ordinance which can be Qiven effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 5. Codification.
Page 5 of 6
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be chanaed to "code", "article", "section".
"chapter' or another word. and the sections of this Ordinance may be
renumbered, or re-Iettered, and tYPoQraphical errors and cross references may be
corrected by the City Recorder. provided however that Section 1. and Sections 4
and 5. unincorporated Whereas clauses and boilerplate provisions and Exhibits
(Le. attached Resolution, etc.) need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 6 of 6
RESOLUTION NO. 2009 -
RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION OF
THE ASHLAND MUNICIPAL COURT
Recitals:
,
)
A. Section 4.35 of the Ashland Municipal Code specifically authorizes the City
Council to establish fees and charges for Administration of Municipal Court; by
Resolution of the City Council; and
B. On June 2, 2009, the Ashland City Council provided an opportunity for public
comment on the proposed fees and charges contained herein in accordance with
ORS 294.160(1); and
C. The Council finds and determines that the imposition of administrative fees and
charges is appropriate to support the efficient and cost effective operation of the.
Ashland Municipal Court; and
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges,
the following fees and charges set forth in Table 1. and described in the incorporated
Notes and Instructions below are hereby approved and established and shall have the
full force and effect of law:
TABLE 1
CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES
b,} I. " 'n,COURT.ADMINISTRATIQN ,FEES. .' . :.CRIME VIQbATION
0/'.c"
01 Anneal Transcrint Fee $35.00 $10.00
02 Bench Trial n1 n4 $60.00 $30.00
03
City Attornev Diversion/Deferred Sentencinq n2 $60.00 $40.00
04
Civil Compromise Costs n2 , $75.00 N/A
05 Collection Feer25% - maximum of $2501 25% 25%
06 Comoliance Insoection Fee N/A $25.00
07 Court .A.PPointed Counsel Aoolication Fee n3 $5.00 N/A
08 Court Aooointed Counsel Fees and Charaes n3 as billed N/A
09 Court Costs n4 n5 $25.00 $15.00
10 Court Securitv & Trainina Fee n4 n5 $15.00 $5.00
11
Default Judament n6 N/A $15.00
12
Discoverv n4 n7 $12.00 $12.00
Page 1 of 4
13 $25.00 plus
Diversion by Municipal Court: Class A -0, Base
Unclassified and Specific Fine Violations n8 N/A Fine/class
14 Diversion by Court: Possession Less than Ounce
Marijuana N/A $233.00
15 Domestic Partnership Registration
$25.00 N/A N/A
16 Drivers License Suspension n10 $15.00 $15.00
17 Drivers License Reinstatement after suspension n11 $50.00 $50.00
18 Drivina Record -Traffic Offenses (certified) n12 $11.50 $11.50
19 EXDunction $25.00 $0.00
20 Extend/Amend City Attorney Diversion/Deferred
Sentence $45.00 $45.00
21 Failure to Appear for Bench Trial/Show Cause
hearina n13 $90.00 $70.00
22 Failure to Appear for JUry Trial n13 $150.00 N/A
23 Forfeiture of Security $25.00 $25.00
24 Installment Fee n5 $25.00 $25.00
25 Interest on Judoments in Criminal Actions n14 9% 9%
26 Jurv Trial n1 n4 $100.00 N/A
27 Mediation of criminal action -motion of Drosecutor n15 $0.00 N/A
28 Mediation of violationlMuniciDal Court Mediation) N/A $65.00
29 Motion Not Requirina a Hearina $0.00 $0.00
30 Motion Reauirina a Hearina n5 n16 $20.00 $20.00
31
Non Sufficient Funds Check n17 $25.00 $25.00
32 Res.2007 -
Public Records Reauest 44 Res. 2007-44
33 ReimbursementrPer Diem Jaill Cost $60.00 N/A
34 Show Cause Admission of Alleaation n4 n5 $25.00 $10.00
35 Subpoena Fee n18 10.00 10.00
36 Warrant Issued $50.00 $50.00
37 10% at monthly
Withholdina on County Assessment distribution
n1 Trial Fee is not charged if Defendant is found not guilty of the offense charged and
all lesser included offenses pursuant to AMC 4.35.030.A.
n2 Includes conditional discharges under ORS 137.533 and diversion/deferred
sentences under ORS 135.881.. Court-appointed counsel fees and charges may not be
waived if part of plea bargain or stipulated to as part of a compromise. AMC 4.35.030.C.
Plea bargained diversions, deferred sentences, and compromises may include
negotiated waiver of fee.
n3 When a defendant is ordered to repay court appointed counsel fees the amount is as
billed by court appointed counsel. Notwithstanding any other designation of rates, the
rate for court appointed counsel appointed after the effective date of this resolution shall
be fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is
increased to four hundred dollars ($400.00) when there is a bench trial and six hundred
Page 2 of 4
dollars ($600.00) when there is a jury trial. The rate is per defendant, including all
associated cases; however each case that requires a bench trial or jury trial is subject to
an additional one hundred dollars ($100.00) or three hundred dollars ($300.00) per
case, over the $300 no-trial cap, respectively. Court appointed counsel fees and costs
may only be imposed, reduced or waived by the Court when supported by the record, in
accordance with applicable state law.
n4 Fees and charges marked with this note may be reduced or waived by the Judge in
appropriate cases in accordance with AMC 4.35.030.C.
n5 Fees marked with this note may be waived or reduced by the Court for additional
cases/counts resolved on the same day as the original offense when subsequent
offenses are equal to or lesser than the original offense. AMC 4.35.030.0.
n6 Includes misdemeanor crimes reduced to violations by City Attorney [ORS 161.566]
or Court reductions, with consent of the prosecutor, when the defendant fails to appear
[ORS 161.568]. .Misdemeanor assessments, including city misdemeanor assessments,
still apply.
n7 When Discovery exceeds 20 pages. discovery fee is increased to $15.00,
additional charges for tapes, DVDs, photos, apply per Resolution 2007-44.
n8 Base Fines are established by the formula or by adopted bail schedule. The
specified diversion fee is added to the base fine. State law prohibits the Court from
deferring, waiving, suspending or otherwise reducing the fine for a violation below 75%
of the base fine amount for Class A, B, C, D violations and unclassified violations. (Le.
no more than a 25% reduction). ORS 153.093(1 )(a). Specific fine violations may be
reduced to 20% of the base fine. (80% reduction). ORS 153.093(1 )(b). Reductions
below a specified minimum fine are not authorized. ORS 153.093(2)(b). Assessments
and fees are "in addition to" fines, including minimum fines, not "in lieu of' or deducted
from them. ORS 137.290(1). ORS 137.309(2). AMC 4.35.040.
n9 Judge may waive all or part of the marijuana diversion filing fee in appropriate cases
in accordance with ORS 135.909(2).
n10 Pursuant to ORS 809.267 the Court adds $15.00 to the Judgment when license is
suspended.
n11 This reinstatement fee is in addition to full satisfaction of existing monetary
obligation.
n12 The cost for a certified copy of the driving record. suspension order, and mailing
list and certification receipt for one person is $11.50. A certified copy of the record only
is $3.00.
n13 Waived if the Court finds, based on competent evidence, that the failure to appear
was caused by circumstances beyond the defendant's control and through no fault of
the defendant. AMC 4.35.030. E.
n14 May waived by the Judge in appropriate cases in accordance with AMC 4.35.030.F.
n15 Mediation of crime may be part of City Attorney diversion, deferred sentence or .
plea bargain, and may include cost of mediation and attorney fees.
n16 This fee is waived if defendant prevails on the motion before the Court.
n17 Add any bank charges assessed to the City.
n18 Add statutory mileage
Page 3 of 4
SECTION 2. All other fees and charges inconsistent with the fees and charges set forth
herein are repealed. Nothing in this Resolution is intended to detract from the inherent
power of the Court pursuant to general law to impose fees and charges established in
state law or City ordinance in addition to the fees and charges specified herein.
It.
SECTION 3. .This Resolution was duly PASSED and ADOPTED this day of
,2009, and after signing by the Mayor takes effect on July 16, 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 4 of 4
Instructions for Application of Municipal Court Fees and Charges
01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks
must prepare what is known as a transcript on appeal for transmittal to Circuit Court
(This is a compilation of certified documents filed in the case - not a verbatim
transcript). This fee is established to recover the cost of this certified copy and
transmittal service. The Ashland Municipal Court is not currently a Court of Record.
[See ORS 221.342.] Accordingly, appeals to Circuit Court are de novo, that is, the matter
is tried anew, as if nothing had happened below.[See e.g. ORS 138.057(1)(a)(f); ORS
221.359; ORS 157.010, ORS 53.090].
02. Bench Trial. No deposit is required for a bench trial which is a trial before the
Court without a jury. No fee is charged a defendant who is found not-guilty following
a bench trial on a violation or a misdemeanor. If the defendant is found guilty after
trial, the City Charter specifically authorizes recovery of the cost of the prosecution.
This fee is established to recover the cost of the time spent by the Judge, court staff, city
staff, or the City attorney. Fees for less complicated violation trials are less than
misdemeanor bench trials. Allowance is provided for reduction or waiver of the fee in
AMC 4.35.030 C. 0
03. City Attorney Diversion/Deferred Sentencing Agreement [ORS 135.881J. - ORS
135.881 expressly permits a City Attorney to divert or defer certain criminal offenses
such that there is no adjudication in the criminal justice system - no judgment and no
sentencing order. A defendant enters a plea which is held while the defendant
performs community service or some form of treatment. Successful completion of the
diversion/deferred sentence results in dismissal of the charge. Failure to comply results
in revocation and formal sentencing by the Court. This fee is established to recover the
cost of establishing and monitoring diversion/deferred sentence agreements through
the City Attorney's office and Court. For purposes of fees and charges, a conditional
discharge on motion of the city attorney under ORS 137.533 is assessed the same fees
and charges as diversion/deferred sentence.
04. Civil Compromise Costs [ORS 135.703(1) & (2)J. Certain criminal offenses may be
civilly compromised. The civil compromise statute [ORS 135.705] requires
acknowledgement of satisfaction by the victim, in writing, and payment of all costs
and expenses incurred, [including court appointed attorney fees] as a prerequisite to
exercise of the Court's discretion to dismiss the charge. This fee is established to
recover the administrative costs associated with civil compromise, including
assurances that the victim has been satisfied and not coerced.
05. Collection Fee [25%with a maximum of $250: ORS 137.118J.
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment
in a criminal action. The fee is dictated by state statute and may not exceed 25% of the
Page 1 of 7
monetary obligation. and shall not in any case exceed $250.00. The fee shall be waived
if the defendant pays as agreed - i.e. the defendant pays in accordance with payment
schedule arranged by the Court. If the Court show causes the defendant for failure to
pay [e.g. ORS 161.685] for a violation or a crime, and the defendant has not paid as
agreed, then the fee is not waived. Additional charges may also be imposed when
cases are assigned to a collection agency.
06. Compliance Inspection Fee. This fee is imposed on violations when an inspection
by police or court staff is required to dismiss the ticket. This is the final step in a "fix
it" ticket. The Court staff physically inspects to make sure the problem is corrected.
07. Court Appointed Counsel Application Fee. As with County Courts, this fee is
imposed to recover the cost of verification of information submitted on the Financial
Statement as part of applications for court-appointed counsel. In crimina] cases,
qualification for court-appointed counsel is governed by ORS 135.050(1) and requires a
written and verified financial statement. If the Court, in accordance with general law,
imposes the obligation to repay attorney fees and costs, this fee is part of the costs. If
the Court waives or reduces repayment of attorney fees, this fee is also waived.
08. Court-Appointed Attorney Fees and Charges. State law prohibits paying court
appointed counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for
court appointed counsel appointed after the effective date of the fee resolution shall be
fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is
increased to four hundred dollars ($400.00) when there is a bench tria] and six hundred
dollars ($600.00) when there is a jury trial. The rate is per defendant, including all
associated cases; however each case that requires a bench tria] or jury tria] is subject to
an additional one hundred dollar s($100.00) or three hundred dollars ($300.00) per
case, over the $300 no-tria] cap, respectively. Court appointed counsel fees and costs
may only be imposed, reduced or waived by the Court when supported by findings
and evidence in the record, in accordance with requirements of state law.
09. Court Costs. This is the standard Court fee imposed for administrative costs
associated with resolution of any misdemeanors or violation. The fee is charged when
the Court finds a defendant guilty after a trial, accepts a guilty plea, accepts a "no
contest" plea, or takes a default based upon an alleged violation of a state law or city
ordinance. There are different fees for violations and crimes. There is an allowance for
the Judge to waive court costs for additional cases/counts resolved on the same day as
the first case, provided the first case is fully charged and is as serious as subsequent
cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule and is therefore
paid in all cases where the ticket is uncontested.
Page 2 of 7
10. Court Security & Training Fee. The fee is charged when the Court finds a
defendant guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes
a default based upon an alleged violation of a state law or city ordinance. This fee is
incorporated into the bail schedule and is charged in every criminal action. This fee is
imposed for training or court and enforcement staff and for court room security
associated with resolution of any misdemeanor or violation offense.. The fee may be
waived for additional cases/counts resolved on the same day per AMC 4.35.030.D.
11. Default Judgment. The Court may take a default judgment on a non-criminal
violation if the defendant fails to appear at first appearance [ORS 153.102(1)]. The
default fee applies also when the City Attorney reduces a crime to a violation and
when the Court, with the consent of the City Attorney, reduces a charge to a violation
upon a failure to appear. [See. ORS 161.566 & ORS 161.568] However, State, County
and City misdemeanor assessments remain applicable. The Court shall take a default
judgment when the defendant fails to appear for trial or subsequent to first appearance
in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a
default judgment by filing a motion pursuant to ORS 153.105
12. Discovery. Discovery fee is charged for police records associated with an ongoing
criminal case whether or not the defendant is represented by legal counsel. The fee is
$12.00. Pursuant to Oregon law to protect victims of crimes, certain victim and witness
information must be redacted [ORS 135.815]. Other requests for public records are
addressed pursuant to Resolution 2007-44
13. Diversion of non-criminal Violation by Municipal Court.
The Judge may divert non-criminal violations, unless prohibited by statute or
ordinance. However, the Court's authority to reduce fines for violations is strictly
limited by statute. Whether the violation is a Class A, B, C, D, or unclassified violation
the Court, "notwithstanding any other provision of law, may not defer, waive,
suspend or otherwise reduce the fine for a violation to an amount that is less than 75%
of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are
also limited. Accordingly, even if the Court attempts to keep a violation off a
defendant's record by diverting it, the reduction in the fine is limited by state statute.
Base Fines are calculated using the formula in state law and City Ordinance and the
fines differ based upon the classification of the offense. Essentially the base fine is one
half the maximum fine with all assessments, including state, county and city
assessments. The violation diversion fees set forth on the table below represent the
base fine (including City Court Cost and Court Security fee), plus a uniform $25.00
diversion fee: .
Page 3 of 7
State Base Class of Offense Diverted City Base with Div Fee Minimum
$427 Court Diversion: Class A Violation $447.00 $472.00 $354.00
$242 Court Diversion: Class B Violation $262.00 $287.00 $215.25
$242 Court Diversion: Unclass - Violation $262.00 $287.00 $215.25
$145 Court Diversion: Class C Violation $165.00 $190.00 $142.50
$97 Court Diversion: Class D Violation $117.00 $142.00 $106.50
varies Court Diversion: Specific Fine Base BF+ $25.00 x .75
The Municipal Court has no legal authority to divert misdemeanor offenses. [ORS
135.881 grants diversion authority to City Attorney]. [Municipal Court may not
approve a conditional discharge of a misdemeanor crime without approval of the City
Attorney under ORS 137.533.] [ORS 135.755 limits the Court's authority to dismiss a
criminal case. See State v. Stough, 148 Ore. App. 353 (1997)(Court's dismissal authority
under ORS 137.755 reserved for "severe" situations)].
14. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has
established a specific procedure for marijuana possession less than an ounce, diversion
in ORS 135.907 ORS 135.921. The specified fee is the required fee a defendant must
pay to file a petition for a marijuana diversion pursuant to ORS 135.921. An additional
evaluation fee of $90.00 must be paid to the agency providing the required diagnostic
assessment. The filing fee may be paid on an installment basis and the judge may
waive all or part of the filing fee in cases of an indigent defendant.. [ORS 135.909]
Without this statutory marijuana diversion process, the minimum fine and
assessments under state statute for possession of less than an ounce of marijuana
would be $603.00 ($500 min fine, $37 state unitary assessment and $66 county
assessment). City assessments would add $20.00.
15. Domestic Partnership Registration. The City of Ashland has a register for
domestic partners that predates the Oregon State Statute providing for County
Registration.
16. Drivers License Suspension. This fee is specifically identified in ORS 809.267 to be
imposed whenever the Court suspends or restricts the driving privileges of a
defendant for failure to comply with a court order or any conditions imposed by the
court or failure to pay a fine or for failure to appear as required by ORS 153.061.
17. Drivers License Reinstatement after Suspension. This is the fee paid for
Reinstatement of Driving Privileges (including producing a compliance letter)
following complete satisfaction of the monetary obligations of the defendant or other
conditions which caused the suspension.
Page 4 of 7
18. Driving Record Traffic Offenses (certified) [ORS 153.624J. State law mandates
that "in addition to any other costs charged a person convicted of a traffic offense, a
court shall charge as costs and collect from any person convicted of a traffic offense
any costs incurred in obtaining any driving records relating to the person." The cost
of a certified record and accompanying documents from the DMV is now $11.50; $3.00
for a certified copy alone.
19. Expunction. . This fee is to reimburse staff for administration of the process to seal
the records of a Municipal Court conviction or an arrest per ORS 137.225.
20. Extend/Amend City Attorney Diversion/Deferred Sentence. On occasion a City
Attorney diversion or deferred sentence needs to be extended or revised. This
typically occurs when the defendant is given additional time to satisfy an obligation.
Or requests a change in the obligations. Extensions or amendments are also negotiated
in lieu of revocation and formal sentencing. This involves negotiating, drafting and
processing an amendment. This fee is intended to recover this cost
21. Failure to Appear for Bench Trial! Show Cause Hearing. Substantial expense is
involved in preparation for a bench trial on a violation or crime. This fee reimburses
the City for preparation wasted when the defendant fails to appear (e.g. includes
witness fees, subpoenas, officer overtime, staff or attorney time, court staff and judge
time.) Fee is required tobe waived if failure to appear is due to circumstances beyond
the control of the defendant and through no fault of the defendant. AMC 4.35.030.E.
22. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for
a jury trial. This fee reimburses the City for preparation wasted when the defendant
fails to appear (e.g. includes jury fees, witness fees, subpoenas, officer overtime, staff
and attorney time, court staff and judge time.) Fee is required to be waived if failure to
appear is due to circumstances beyond the control of the defendant and through no
fault of the defendant. AMC 4.35.030.E.
23.Forfeiture of Security. This fee covers the cost of providing notice that security
posted by the defendant will be forfeited pursuant to the process set forth in ORS
135.280. This process is often combined with a warrant.
24. Installment Fee. When the Municipal Court sets up an account for defendant to
pay a monetary obligation over time, the Court may charge a fee for setting up the
account. This fee may be waived by the Court for additional cases resolved on the
same day. AMC 4.35.030.0. The Court may also charge interest when judgments are
paid over time.
Page 5 of 7
25. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010.
The interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The
municipal judge play waive all or part of the interest payable on a criminal judgment.
ORS 137.183(3).
26. Jury Trial. No deposit is required for a jury trial, although Oregon law authorizes
a deposit (up to $60.00) in certain circumstances. ORS 221.354(3) No fee is charged a
defendant who is found not-guilty following a jury trial on a misdemeanor. This fee
applies if a defendant has been found guilty or settles the case less than 18 hours
before the jurors report to the Court for the scheduled trial. Allowance is provided for
reduction or waiver of the fee in AMC 4.35.030 C.
27. Mediation of criminal action [ORS 135.951]. The. City Attorney as well as the
Ashland Police Department may propose mediation of a criminal offense. Mediation
of crime may be part of City Attorney diversion, deferred sentence or plea bargain,
including a condition of probation. This fee is intended to recover the costs incurred in
pursuing mediation. The cost of mediation and attorney fees will be added to the fee.
28. Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal
Code specifically authorized the Court to offer mediation on a violation offense. This
fee is intended to recover the costs incurred in pursuing mediation. The cost of
mediation will be added to the fee.
29. Motion Not Requiring a Hearing. No charge.
30. Motion Requiring a Hearing. This fee charged for Court time to hear motion. This
fee is waived if defendant prevails on the motion before the Court. Provision is made
to waive fees for subsequent motions resolved on the same day. AMC 4.35.030.0.
31. Non Sufficient Funds Check. This fee is charged by the City for checks returned
for non-sufficient funds.
32. Public Records Requests /Copies The Municipal Court charges the fees required
for records requests according to Public Records Resolutions 2007-43 and 2007-44
33. Reimbursement of per Diem Jail Cost The Municipal Court may impose a
requirement that defendant pay the cost of incarceration as general condition of
probation. State v. Tohnston, 176 Or App 418, 31 P3d 1101 (2001) This per diem cost is
consistent with ORS 169.151(2) which also expressly permits the city to pursue legal
action against defendants for the per diem cost of incarceration.
Page 6 of 7
34. Show Cause Admission of Allegation. This fee is imposed to recover the cost of
the process to hold defendants to the conditions of their probation or other orders of
the Court. This may include but is not limited to probation violations, diversion and
deferred sentence revocations, as well as the terms and conditions of other Court
obligations. Included in this process is the process for show cause for failure to pay on
violations and crimes (punishable by up to 30 days jail pursuant to ORS 161.685.
35. Subpoena Fee. This fee simply reflects the statutory fee for subpoenas currently
set at ten dollars ,plus mileage.
36. Warrant Issued. This fee covers the cost of warrant issuance by the Court for both
violations and crimes.
37. Withholding on County Assessment. ORS 137.309(8)(b) specifically authorizes the
City to withhold an amount equal to the reasonable costs incurred by the clerk in
collection and distribution of the County assessment imposed in ORS 137.309
3-23-09
Page 7 of 7
rRlcha@:AilP...'~~~F';;d F~:@___=--=---:':___._-- -- _::= :-.
.. -~._----.. ___....= -- =_.:-:=_.page--1]
From:
.To:
Date:
Subject:
Vicki Christensen
Richard Appicello
06/02/20089:52:25 AM
Fwd: FEES
>>> Vicki Christensen OS/28/08 4:26 PM >>>
Fees that Court has at this time:
Collection fee-$100.00
Compliance fee-$25.00
Court fee up to $100.00 (varies on conditions)
Criminal Diversion fee (varies on charges)
Deferred Sentencing fee (varies on charges)
Dismissal fee up to $100.00 (varies on conditions)
Domestic Partner fee - $25.00
I nfraction Diversion fee (varies on charges)
Non Sufficient Funds fee (set by what the bank charges the city) $24.00 at this time
Suspension fee - $50.00
Traffic Diversion fee depends on the base fine (from 97.00 up to 500.00 sometimes' more based on the
charge)
Warrant fee-$25.00 to $100.00
Copy fee - based on resolution 2007-44
Public Record fee - based on resolution 2007-43 & 2007-44
We also have Court Appointed Attorney Reimbursement fee, but no sure if that is to be included in the fee
category.
Civil Com romlse;;>'
Mediation of Violation
F8e'RevlewFeeMMMW 'c:; ,,,,,,,,,,,,,,,,,,,,,, '"''''''''
A eal Fee I Transcr! I Fee
CertUied:Co ofMunld al Court Conviction -
Non-certifled Cop of Municipal Court Conviction
CertlfledCo ,of,Drfvln R9COI'di1;1n!iiiiliiiliiilmnl ;ii,"
Non-certified Cop of Driving Record
Notice;to'OMV,of,Court'Actk>nfih""
DMV Susoension
FallunUo'
Arrai nment/Subse uent Proceedin
if!JtWJ ITrlaljfti~'im;!1ii !S4iS:1Li"iHr I iiiiiiliii""ET 'H" '"'''' 1!#f!Fkan;:i1"WH!l50 if;)! >u!!'iJJiihik1iitiii:
Bench Trial 90
Tltal Fee1lFJWJ5St+.k:J+ 'C"'..d2i:
Ju Trial if convicted
iH%Bench~TrlaJ:~:Crlmlnal If convfcted
Bench Trlal- Violation if convicted
Trlal R0$8t'Feesl%!WtltMlill9Jiritl1*4d!!in11':li;! >:i"":$0;'1'"
Ju Trfal <7 da s before, >24 hours
;r;;wJu .Trial 0(7,& before,<<24 hours
Bench Trial
Summons'fS na Fee:111!$i1J%1ii;;;;; WnH1iT(jjjji .!i>W'
Non-traffic Citations
jf;ffParlcln ,Cltatlonsr:;;iir ","""",""
Warrant
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Pa men! Plan Fee
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Juror Fee r da & er uror
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Witness'Fee~illH:if!,!;;;i'jtthi2' .,.,
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Jail Fee' r:da
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iimMaxJmumfor;Bench ,Trla/jliiVAljj>,
Maximum for Ju rrial
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Trial Translator Services
>\iiStateCert1fied hour~$500m9x
Non-cenJfiad ar hour - $350 max
Fees
Ex un ement''',:>
Ex un ement Packet Fee
Dl$cove :~:Cr!m1nal 20 a os
Discove . Violation
CoUrt Cost&iWUfHiFi" '"'oLil;'''''
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Diversion Mari"uana
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Default Judgment vfolations onl
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da
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15
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Columbia City Crook County
83
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i155
258
60
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Court CostSt11l111diWEimrti,sitdiilih,4:<Ydjik4 /i,1
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Sus oslon Packetf'1ii.iiEiS\UW1J5imniii+ii1F1::; I'
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Mediation of Violation
File:Review FeeEf,J.;WS#0i,td2*+
A eal Fee I Transcri t Fee
Certlft(lctCoof MUrlici tCourtConvictlon !Ji;;;::?"
Non-certJfied Co of Municipal Court Conviction
CertlfiedCo atOrtvln Record;1jEhJfl:fuiiWi\iW::rji1:;;tiyti
Non.certlfied Co of Driving Record
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Arraignment/Subs uent Proceedfn
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Ju Trial if convicted
.~nchjTrial;;:Crlmlnallf.convlct
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Trial Reset Fees!11mUlmm!!ffiMliffiR%nl1*f:-2!F !i!i)): i1iin#i1W;
Ju Trial <7 da s before, >24 hours
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Non-traffic Citations
MParldn ;CJtsfions:r'-_-NK~jjfSi0.'<"i,
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Pa ment Plan Fee
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Pa ment Ext. Interest I Interest on Criminal Cases
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Juror Fee er da & er juror
forDu
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Trial Translator Services
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Hermiston
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Lake Oswego
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I
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Fees
McMinnville
Newberg
Roseburg
Saint Helens
Ex ernent C;' >"J!(i0K>
Expungement Packet Fee
Oiscov ;~ Criminal a 9S
Discove - Violation
CourtCostsliliFiiilii-1iE!#i ""," ,,-: :iFiF,E!;!ii!! <',h" 6!ii;j;ii
Traffic Violation
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Jurv Trial if convicted
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Trial Reset Feesfftljjiliiiff&%SiliHNie,hUffil.N1iHHi1iiNit:;i)jjjjjj%
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Non-traffic Citations 25
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Pa ment Plan Fee 15% of debt !':150
Pa mentExtGnslon'f"i1jj%!11mjjilW)~I1i11!i11lFlH4~
Pa ment Ext. Interest I Interest on Criminal Cases
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St 'oUm edVehicl&$
Juror Fee er da & per uror
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Training Assessment (all caseS! .-
JallFee (.da
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Essa Fee
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OntJnePr rams
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Domestic Partnership Re istration
Court-A inled Counsel A lcaUonFe9)
~ointed Counsel
Hou-,:j;;-Rate
!t:0'Maxlmum forBrmch:Trlal'
Maximum for Ju Trial
'fh1MaxlmumjfJ'/fiisn;SW\l;;;/;-,
TrIal Translator ServIces
0:illStatoCertJfled hour~'$500 ma
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m;Sidl:;;;:r~4Ej0n75
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ffittilitMW~20
25
25%-ot.debL<250_ 25%'of,debt~50wm
10% of monthl debt
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40
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600
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T
37.5
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Ex ementi ';;;71;\;Vg?" ,>, '-'-'_0'
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Discove ;; Criminal 20 es
Discove - Violation
Court Costs lil111ii0iXiGSm,Y yy;; i>i';\;;;:~j;;j11!;L< <<<PiC
Traffic Violation
'f+l!Non~traffic'&:Ordlnance VIolations JiB>: <;1iiwm,s
Criminal
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Diversion Marfuana
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Diversion Extension
iliiliVacate'convlcfionls !lion ie:'relnstatemen
Default Jud ment (violations onl ~
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Sherwood I Sutherlin
Sweet Home
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100
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Mediation of Violation
FUeRevlewFee*~ ~%"";r2fj,'i-.::\<";;i:i-0ili,;Z~,~; ,,_~ ""'~~
Appeal Fee I Transcript Fee
Certified Co ofMunlcl al,CourtConvlctlon\%[lfJi3$3J:
Non-certified Co of Munici al Court Conviction
Certlfied.Co ofDrM RecordJW!B-1WGt::i;It;;j;l;;:Jii";\WS
Non-certified Co of Drlvin Record
NoUceto OMV;'of.Court'Actloni~ii?~;;;i;:i l:TjF;~i
OMV Sus enslon
Fallureto'A
A"ai nmenllSubse uent Proceedin
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Bench Trial
T~;.;f,-;jt/:t:.Aqs;;1?!Jji25 &."'.i:i:~sf,~,;;,~fi.::,
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15
20
Wi l?KhiiTIllih'Rh"iliilikSO
I 50
TrlalF.ee~:d:n;'-3~2k~U;,,:jj'f':;;fu~"-' ;J;tiU?';3m~:!K:C~":':1"
Ju Trial if convicted
aBench,Trlal:;:CrlmliJal Ifconvlct
Bench Trial- Violation if convicted)
Trial ResetFees~if{mt]!j1?+'_4fEiliili:jfkW; ;:l%k iitk0!ili:!'dl:fi1111&iJtL'!lliiliJi12',
Ju Trial <7 da s before, >24 hours
!lB'ff'Ju ,Trial q:dIJ befor&:'<24hour$'i:\\::>ff'i;..:-L\;jYE rJf;i%i~ ,:WSi.mI2ft4t&0i.i?;#!j)f;~: ""/0illiEJ\i;f");;';'~4 ~:NY~~i',
Bench Trial
Summons'J Sub naFeeili00ifJ.ji.tJW]!0**'JtlliikiiiiiiRffiiiJkG
Non-traffic Citations
_Parlcin ,CitaUonsUi&Sllii-:;:\i:';4;m,'lwr4WYH\';L'iS\';'/;!Bii
Warrant
Mlscellaneous'PeUtIonsJMotlonsiUlfA!2bt!;(,,;;;\iM!~0j Mitm~ w!l?ffl',"*,~%lliii;\f ;m#tffillii;l1'xiQ
Pa ment Plan Fee 25 25% of debt <250
Pa nt,Ext9nslon'Feeliltft11Wllill~d1&li1i;l!{\;;iK>!Miil
Pa ment Ext. Interest { Interest on Criminal Cases
Colle<:tion FHM JJ::tm1itPfi)!ffifci4iRmlKdYF:i08SH
Withholding on Coun Assessment
InsuffJCIent Funds~1$iFM4F~:;:i70ii< ":"'*"
Overdue Pa ment Letter
ForfeltSecurl :wlthoutWarrant rnI11ii&mt.,1tiiiW,;:';UUDmi;&
1m ounded Vehicles
St 'oUm ndedVehlcles r
Juror Fee ( er da & er uror
_ ed for,Du ,ORS ~~;c ~>~A-ti:q:--F;
Re orted for Du & Served
WitMSs'Fee~Jjfj~!jjjJjljmrMr\-.:)j!t
Training Assessment (all cases
Jail'Fee' ,da
Communi Service (per hour
Urina $IsFeemt!~!d0;;ii;P"
Essa Fee
Ins nFee1 Flx;.ltFeeHY#jmi\JJJ4dllibini-ii;m;:: .;tiinHk6i
Online Pr rams
Performance:'ofMarriag&]lfW:;FJ!ilrtYbJ.i101Viii'!:,' ~'i;a;i-iY!
Domestic Partnership Registration
Court'A inted Counsel lcatlon Fee i' i',,"';";;">
Counsel
0i0'4'ii:i0h'iir! ';"iSBPr4t !ii;i{i1iAgl';V7€iffi~y,,J
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100 100
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15 25
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25%'ofdebt <2501i:d0
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ir'il'JUW~A00,g;rv;+
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I
t:mn;;;:ictim1.' +AHS 60
;;;ij0ltJISi20ii;;:;i"Ili:I:;ti25
Houri Rate
'thiMaxlmumfor Bench..Tml
Maximum for Ju Trial
}$!MaximumUiij\\fj})Jj}iliGif0f;,;,.
Trial Translator Services
iNVState:CertJfied ,hour~$500 maXi
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7\1+150
Fees
I
Tigard
Troutdale I
Ex emeittill1FjjjifA11kHimnnlifi!iJA1Fj ;i[iilii11f0RR qgijiq1i1IT:41F
Expungement Packet Fee
DiKOv ';,:QIfl'Urnt1' 20;;
Discove - Violation
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lHH!Non;tr:';lffiC;'8i'Ordinam:Q:VJoJat1ons~A1iLlikjhl;t0!ld!iL!ill
Criminal
mWProbatiO/i'ViOlat/(in!ShOw,Cail$4!iU014ii!lWft\1kfPk10ml111 tH:h7t1T4HFUUHimmm:m25
Diversion Crime - eit Attorne 150
tffiiDlverslon, 'Jo/atlons,;': C6Uitihhmhhilljji1jjjjif:4hdg;~frt1H1j'
Diversion Marijuana
iliWlJiVtH'$JOtJRevocaVottis;:;sSi1dhhkibihilllllli!!1hhPJlici1EMHLs
Diversion Extension 20
1f1mVa:cat.'cbiJVktJOilJ$ii. 'slOif'a;'f,rwnstatemen
Default Judgment (violations onl ? I
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I
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Mediation of Violation
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Appeal Fee I Transcript Fee
CertifledC 'otiMunid i'COUitiCOriVICtlonliJJiH#l1MW
Non-certified Cop of Munici al Court Conviction
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Non-certified Co of Driving Record
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DMV Sus ens ion
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Bench Trial
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Ju Trial (if convicted)
mBfinthoiTri 2'CrlminaJ i ,coriv/c
Bench Tria/- ViOfatiO~
Ju Triaf (<7 da s before, >24 hours
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CITY OF
ASHLAND
Council Communication
Public Hearing on Community Development Block Grant-Recovery Act Award
and Substantial Amendment to the 2008 CDBG Action Plan
Meeting Date: June 2, 2009 Primary Staff Contact: Linda Reid
Department: Planning E-Mail: reidl@ashland,oLus
Secondary Dept.: None Secondary Contact: Sill Molnar
Approval: Martha Bennet Estimated Time: 15 Minutes
Question:
Should the City Council award up to $50,060 in Community Development Slock Orant (CDBO)-
Recovery Act funds to one or more of the Proposals in compliance with eligibility criteria of the
Department of Housing and Urban Development?
Recommendations:
Staffrecommends funding the Public WOTks Department - Iowa Street ADA Accessibility Project in
the amount of$16,500 (administered by Public Works) and the Weatherization and EneTgy Efficiency
Project with the Temaining $33,560 (administered by the Conservation program), which provides
enough funding to assist approximately 11 households with energy efficiency and weatherization
improvements.
As of the date of drafting the Council Communication, the City of Ashland Housing Commission in
their Tole as a recommending CDSO body has not yet reviewed the potential projects, The Housing
Commission will review the projects and make a recommendation at their regular meeting held on .
May 28th 2009. The Housing Commission's recommendation will be provided to the Council on June
2nd during the public hearing.
Background:
The City of Ashland is a CDSO fund entitlement community and has received additional funds
through the American Recovery and Reinvestment Act. The City has been allocated $55,622 in
CDBG-Recovery Act funds (CDBG-R). These funds must be treated as a separate grant.
The department of Housing and Urban Development released guidelines for the use ofCDBO-R funds
on May 5th 2009 which provide information on how the use and award of Recovery Act funds differ
from regularly received CDSO funds, The percentage of funds eligible for the city to retain for
administrative purposes has been Teduced from 20% to 10% or $5,562.00, leaving $50,060 available
for award, Due to the accelerated timeline for committal of funds and the relatively short amount of
time given to grantees to identify projects and draft a substantial amendment to the 2008 Action Plan,
HUD has waived the requirement that grantees follow theiT citizen participation plans and has
shortened the minimum time for citizen comments to 7 calendar days. This will facilitate grantees
meeting the deadline of June 5th 2009, Failure to submit projects to HUD by June 5th 2009 will result
in funds being reallocated to another community,
Under the Recovery Act, recipients shall give priority to prudent pTojects that can award contracts
based on bids within 120 days of the grant agreement.
Page 1 of3
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CITY OF
ASHLAND
Proposed projects must be consistent with the goals of the ~ecovery act by;
. Preserving and cTeatingjobs and promoting economic recovery;
. Assisting those most impacted by the Tecession;
. Providing investment needed to increase economic efficiency;
. Investing in transportation, environmental protection, or other infrastructure that will pTovide
long-term economic benefits;
. Minimizing or avoiding reductions in essential services; or
. Fostering energy independence.
. Modernize infrastructure
. Improve energy efficiency
. Expand educational opportunities and access to health care
HUD strongly urges grantees to use CDBG-R funds for hard development costs associated with
infrastructure that provides basic services or activities that promote energy efficiency and conservation
through rehabilitation or retrofitting of existing buildings.
Section 1604 of Division A of the Recovery Act, states that "None of the funds appropriated or
otherwise made available in this Act may be used by any State or local government, or any private
entity, for any casino or other gambling establishment, aquarium, zoo, golf course, OT swimming poo!."
During the 2009 regular CDBG award process both the Housing Commission and the City Council
expressed an interest in seeing Pathway Enterprises, Inc. (PEl) apply for the anticipated CDBG-
Recovery Act funds, At that time HUD and City staff were awaiting federal issuance of the guidelines
for allocating and utilizing Recovery act funds. Upon receiving those guidelines on May 5th 2009 staff
realized that an award to PEl would be limited to 15% of the grant amount or $8,343 due to the cap on
Social Service awards. Similarly, the acceleTated timeline did not afford the City the opportunity to
issue a new RFP to elicit social service grant proposals, even though PEI applied in the 2008 program
year, staff felt that it would not be considered fair and objective to offer. a grant awaTd to one entity
without opening up the opportunity to be awaTded funds to all eligible entities. Lastly, the
administrative costs incurred by a CDBG recipient, and the City, relative to such a small award
amount, often makes such minimal awards an inefficient use ofCDBG funds.
Related City Policies:
2005-2009 Consolidated Plan: Community Development Block Grants are federal funds awarded
through the City of Ashland to eligible projects that benefit low-moderate income households,
Ashland's 2005-2009 Consolidated Plan for use of CDBG funds establishes which of the nationally
Tecognized eligible uses are prioritized locally.
The Public Works Iowa Street project meets one of the City's Community Development goals in the
2005-2009 Consolidated Plan; .
Goal 7; to provide safe and convenient access to alternative transportation Toutes in extremely low-,
low-, and moderate-income neighborhoods.
7.3 Install (10) wheelchaiT ramps in existing sidewalks.
Page20f3
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CITY OF
ASHLAND
Council Options:
After concluding the public hearing, the Council should deiermine which the projects most effectively
address the objectives established for these funds.
,
The Council can award funds to no more than two applicants and direct Staff to develop a CDBG
. Action Plan amendment.
Potential Motions:
AwaTd the Public Works Department $16,500 toward the Iowa Street ADA Accessibility Project, and
award $33,560 to the Conservation Division for the Affordable Housing Weatherization and Energy
Efficiency Project.
Award $50,060 to the Conservation Division for the Affordable Housing Weatherization and Energy
Efficiency Project. .
Award a portion ($20,000, $10,000, or $35,000) to Parks for Basketball Court Resurfacing, Skate Park
resurfacing, or the replacement of playground equipment and the remaining balance of ($30,060,
$40,060, or $15,060) to the Conservation Division for the Affordable Housing Weatherization and
Energy Efficiency Project.
Attachments:
CDBG-R Award Letter
Letter from Secretary Shaun Donovan Regarding the use of Recovery Act Funds
CDBG-R PToject Proposal description and Project Evaluation Spreadsheet
. Conservation Division - Weatherization and Energy Efficiency Project
. Parks Department - Garfield Park Improvements
. Public Works Department - Iowa Street ADA Accessibility Project
Pagd of 3
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U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
THE SECRETARY
WASHINGTON, DC 20410-0001
March 6, 2009
~~ @ ~ a ill uq~';'
till Ml\R 1 6 2008 till
The Honorable John Stromberg
Mayor of Ashland
20 East Main Street
Ashland, OR 97520
By
Dear Mayor Stromberg:
I am plcased to inform yon that thc U.S. Dcpartment of Housing and Urban Development
has allocated $10.1 billion, made available through the American Recovery and Reinvestment
Act of2009 (Recovery Act) (Public Law 111-5) signed into law by President Obama on
February 17, 2009.
This letter provides the allocations from the Recovery Act fOT the following programs
administered by the Department: Community Development Block Grants; Public Housing
Capital Fund; Lead Hazard Reduction; Section 8 Project-Based Rental Assistance; Homelessness
Prevcntion Fund; and Tax Crcdit Assistance. These programs provide funding for housing,
community and economic development, and assistance for low- and moderate-income persons
and special populations across the country.
Table 1 reflects the level offunding directly available for those programs in your
community, Table 2 identifies funding available through other partners in your community, and
finally, Table 3 identifies the allocation provided to your state for which you may apply:
Table 1 - Grants awarded directly to your community
Recoverv Act of 2009 Proeralll Grant Amol/nt
Community Devclopmcnt Block Grant S55,622
Homelessness Prevention Fund $0
Lead Hazard Reduction $0
www.hud.gov
espanoJ.hud.gov
As with all HUD Recovery Act programs, your community has HUD's commitment to be
as flexible as possible to help communities such as yours address local needs in the most
effective manner.
I look forward to establishing a partnership to help strengthen your community for years
to come. HUD is always available to help you implement your programs etfectively. If you or
your staff have any questions, please contact your local HUD Field Office,
Sincerely,
Shaun Donovan
.
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U.S, DEPARTMENT OF HOUSING AND URBAN D~VELOPMENT
THE SECRETARY
WASHINGTON, DC 20410-(XX)1
May 5, 2009
Dear CDBG Grantee:
In these difficult economic times, the U.S. Department of Housing and Urban
Development is pleased to announce additional funding for the Community Development Block
Grant (CDBG) program under the American Recovery and Reinvestment Act of 2009 (Recovery
Act), The attached CDBG Recovery Act (CDBG-R) Notice provides your community with a
significant opportunity to address critical employment and economic development needs. In
accepting these funds, it is imperative, however, that you be good stewards of these precious
taxpayer dollars by focusing your efforts on the Recovery Act goals of investing in infrastructure
that will create or sustain jobs in the near-term and generate maximum economic benefits in the
long-term.
HOD is fully committed to implementation of the guidance provided by President Obama
in his March 20, 2009, memorandum regarding the need for responsible spending of Recovery
Act funds, The CDBG-R funding presents a unique set of challenges because of the wide range
of activities allowable under the CDBG program, as compared to the more narrow range of
activities allowable under the CDBG-R program. The goals of the Recovery Act are focused on
stimulating job cTeation and long-term economic benefit. In an effort to ensure responsible
spending of Recovery Act funds, a number of actions have been taken.
First, Section 1604 of the Recovery Act prohibits the use of funds for certain types of
projects including aquariums, casinos, golf courses, swimming pools, and zoos. This prohibition
is clear and direct, and HUD's guidance on the use of CDBG-R funds reflects these prohibitions.
In addition, HUD is:
I. Conducting extensive outreach to housing and community development officials through
such groups as the National League of Cities, the U.S, Conference of Mayors. the
National Association of County Officials, and the National Governors Association to
underscore the importance of focusing on the key elements of the Recovery Act as they
examine projects proposed for CDBG-R funding,
2. Adding a "terms and conditions" to all grant agreements that clearly reflect the obligation
of the grantee to comply with the Recovery Act in carrying out its responsibilities.
www.hud.go\'
espanol.hud.gov
2
3. Providing detailed guidance to grantees regaTding expectations for projects and activities
accomplished under the Recovery Act.
4, Encouraging grantees to engage with their auditors early in the planning process, as HUD
has been doing with the Office of the Inspector General, to ensure that major risks to
responsible spending are quickly identified, and mitigation strategies established, upfront.
5. Requiring grantees to identify, upfront, the specific activities and projects that they intend
to fund with CDBG-R funds. The CDBG citizen participation process will apply, with
the additional requirement that grantees post their plans on their own websites in order to
receive a greater level of public comment and scrutiny, Through these efforts, HUD
expects that imprudent projects will be identified and weeded out and that CDBG-R
funds will be used in a manner consistent with the purposes and goals of the Recovery
Act.
6, Posting all proposed grantee projects on the HUD Recovery website to provide complete
transparency and encourage greater scrutiny.
The economic crisis has Tesulted in many critical needs in our nation's communities. In
order to respond to the core issues of job creation and long-teon economic benefit, we must be
disciplined in spending Recovery Act funds, Through the actions outlined above, the
Department intends to reinforce President Obama's message of responsible spending of critical
Recovery Act resources,
Attachment
CDBG-R Project Proposal Description
Project Title:
Conservation Program-Weatherization
Brief project Summary:
This project would utilize $45,000 in CDBG-R funds to replace inefficient heat
systems in rental and ownership units that also receive weatherization measures through
the City's conservation program. Units that are inhabited by income eligible participants
will be eligible to receive up to $3,000 in CDBG-R funds to assist with the cost of
upgrading existing inefficient heating systems and replacing them with new systems that
meet the energy efficiency standards as specified by the City's Conservation Program.
Applicants who receive grant funds will be required to bring existing insulation in the
unit up, to current code in order to maximize conservation measures.
The City's Conservation Program offers a 5 year 0% interest loan of up to $7,500 to
pay for weatherization in owner occupied units, or rebates of up to 40% ofthe total cost
of eligible weatherization measures for rental units. Utilizing the CDBG-R funds in
conjunction with the City's existing Conservation Program allows the City to further the
grant funds by leveraging Conservation Program funds and assist more households,
Similarly, utilizing the funds in a manner that furthers an existing program provides for
greater energy efficiency measures not able to be offered by through the Conservation
Program while promoting economic efficiency by streamlining implementation through
an existing program. This program would be advertised through the same manner as the
Conservation Program, as well as through ads in the Daily Tidings and on the City's
website. The program would target; projects assisted with past CDBG awards that may
not currently have weatherization measures that meet code or which could benefit from
an upgrade, households that received ALlEP assista'nce in the past year, and housing
units which are heated through electric resistance heating systems, which are recognized
by the Conservation and Electric Departments as one of the most inefficient heating types
found in the City of Ashland. All applications received will be date stamped and will
offered funding on a first come fiTSt serve basis.
COBG Program Objectives
1.) Describe how this project benefits Low-Moderate income populations:
This project is estimated to serve between 15 and 20 low to moderate income households.
This project will be 100% Low-ModeTate benefit. Each household will be income
verified for eligibility.
2.) Will this project require an Environmental Review; Will the E.R. process
impede implementation of the activity beyond Recovery Act targeted timelines?
(Contract by 5-17-09, implementation by 10-15-09):
This project is a categorically exempt project, it is categorically excluded from NEP A
requirements undeT 58.35(a)(1 land will require site specific Environmental Review only.
Therefore it will not impede implementation of the activity beyond the targeted
guidelines.
3.) Does this activity trigger Davis-Bacon Wage rates? Will prevailing wage
requirements harm the economic viability of the project?
HUD has not determined whether this activity will trigger Davis-Bacon Wage rates at
this time. This activity is not expected to be deemed economically unfeasible if
prevailing wage is required.
CDBG-R Program Priorities
4.) Does this project Preserve or Create Jobs? Please describe and quantify job
retention or creation (including permanent, part-time, and temporary jobs, refer to
HUD job creation guidelines for CDBG-R funded projects for specifics):
Since HUD's job creation guidelines have not been made available at this time, it is
estimated that this project will require approximately 8 hours of work for two people (for
both insulation/weatherization and heating and air contractors), It is estimated that 15
projects can be completed with the available funding, for a total of240 hours worth of
work. That is the equivalent of 6 weeks of full time employment for one person,
5.) How will this project promote economic activity?
This project will promote economic activity by introducing a new source of funds into the
local economy (CDBG-R funds), by offering an economic incentive to promote aiid
maximize participation in an existing program, and lastly, the creation of more energy
efficient units will save the low to moderate income individuals money on utility bills
thereby reducing cost burden and freeing up more income for discretionary spending. A
simple example of the extent of the economic benefit to the local economy is to use the
Oregon Housing and Community Services estimate contained in the document "Housing
as and Economic Stimulus", every dollar spent on labor equates to $2.77 in spending,
Therefore $50,000 in recovery act funds spent on labor will translate into $138,500 in
economic activity.
6.) How will this project assist those most impacted by the recession?
This project targets employment activities to those most affected by the collapse of the
housing market, those in the construction industry. Similarly this project directs funds to
those populations most vulnerable to volatile economic shifts, low wage service sector
workers, frail, elderly and special needs populations, families with children, and single
parents.
7.) Does this project minimize or avoid reductions in essential services (CDBG-R
funds can only be used for this purpose if applicant can prove that there is not other
funding available for this purpose):
N/A
8.) Does this project provide investment that will increase economic efficiency?
N/A
9.) Does this project provide investment in transportation, environmental
protection, or infrastructure that will provide long term economic benefit? Please
describe:
Replacing resistance electric heat with high efficiency ductless heat pumps will reduce
the demand for electricity. Typical electricity generation methods impact the environment
significantly, from emitting greenhouse gasses and other pollutants to negatively altering
habitat of endangered species. Conserving electricity by implementing this more efficient
technology can avoid dependence on generation methods most harmful to the
environment. It can also avoid dependence on the more expensive generation methods,
and therefore provide long"term economic benefit.
10.) Describe how the activity "will promote energy conservation, smart growth,
green building technologies, or reduced pollution emissions, if applicable:
This project promotes energy conservation through weatherization and energy efficiency
measures. It will also serve to promote the use of a cleaner more environmentally
friendly eneTgy source, hydro-electric over less sustainable coal by reducing-the local use
of hydro-electric generated power thereby freeing up the unused electricity to replace that
which would have been generated by burning coal to meet demands elsewhere.
11.) Does this project help to foster energy independence? Please explain:
See the answers to questions 9 and 10 above.
12.) Does this project serve to moderuize infrastructure? Please describe the need
and the benefit:
N/A
13.) Does this project improve energy efficiency? Please explain:
This project will target households whose primary source of heat is electric resistance
heat. For each electric resistance heating system replaced with a more energy efficient
system (ideally a ductless split mini system) the Co-efficiency of performance (COP) will
go from a COP of 1 to a COP of2,5,
14.) Does this project expand educational opportunities or provide access to
healthcare? Please explain:
N/A
15.) Is this a project that can be contracted (based on bids) within 120 of February
17th 2009? "VD/Recovery Act is giving fund recipients 120 from enactment of the
act, or until June 17th 2009 to commit funds these funds to an eligible project).
Yes.
16.) Is this a project that can be implemented (underway) 120 days from the date of
contract? (October 15th 2009).
Yes.
17.) Will this project leverage funds from other sources, if other Recovery Act
funds are leveraged please describe what time and the percentage of matching
funds. For all other leveraged funds please describe and provide a percentage for
total funds leveraged.
This project will leverage State of Oregon and BPA funds in the amount 6f$7,500 per
owner occupied project or a 40% rebate (on average $1,500-$2,000) on all eligible
conservation measures undertaken by property owners of rental properties. The
leveraged funds per project will range from 60% in matching funds for rental households
to 250% in matching funds for owner occupied households.
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CDBG-R Project Proposal Description '
Project Title:
Parks Department-Garfield Park Improvements
Brief project Summary:
The Parks department has three proposed projects that would benefit from CDBG-
Recovery act funds; all three projects would take place at Garfield Park which is in a
- neighborhood identified as having a population that is comprised of households that are
60-70% below 80% of Area Median Income (AMI),
Project 1: would be resurfacing of the basketball pad, using $20,000 in CDBG-R funds.
Project 2: would be to resurface the skate board area with cement, utilizing $10,000 in
CDBG-R funds.
Project 3: Replace playground at park. Would Tequire approximately $35,000 in CDBG-
R funds.
Funding one of the three projects or any combination of the three would be eligible so
long as the combined total for the projects funded did not exceed the amount available.
CDBG Program Objectives
1.) Describe how this project benefits Low-Moderate income populations:
This project will be located in a recognized Low to Moderate income neighborhood. It
will quality under the Low-Mod Area (LMA) Benefit National objective.
2.) Will this project require an Environmental Review; Will the E.R. process
impede implementation of the activity beyond Recovery Act targeted timelines?
(Contract by 5-17-09, implementation by 10-15-09):
This project will consist of the replacement of surfaces or equipment in areas whith
existing surfaces 9r equipment, and does not propose to add new impervious surface or
change the footprint of the existing surfaces in any way. It is categorically excluded from
NEPA requirements under 58.35(a)(1), therefore it will require a site specific
Environmental Review only which will not impede activity implementation.
3.) Does this activity trigger Davis-Bacon Wage rates? Will prevailing wage
requirements harm the economic viability of the project?
This project will may trigger Davis-Bacon wage rates, since the overlay paving project
will trigger Bureau of Labor and Industry (BOll) wage rates which are often higher than
prevailing wage it is not expected to raise project costs enough to be deemed
economically unfeasible.
- CDBG-R Program Priorities
4.) Does this project Preserve or Create Jobs? Please describe and quantify job
retention or creation (including permanent, part-time, and temporary jobs, refer to
HUD job creation guidelines for CDBG-R funded projects for specifics):
This project may preserve and create jobs, how many is unclear at this time. HUD
guidelines will be consulted when they are made available.
5.) How will this project promote economic activity?
This project will promote economic activity by introducing a new source of funds into the
local economy (CDBG-R funds). A simple example of the extent of the economic
benefit to the local economy is to use the Oregon Housing and Community Services
estimate contained in the document "Housing as and Economic Stimulus", every dollar
spent on labor equates to $2.77 in spending. Amounts will be dependent on which
project or projects receive funding.
6.) How will this project assist those most impacted by the recession?
This project targets employment activities to those most affected by the collapse of the
housing market, those in the construction industry.
7.) Does this project minimize or avoid reductions in essential services (CDBG-R
funds can only be used for this purpose if applicant can prove that there is not other
funding available for this purpose):
N/A
8.) Does this project provide investment that will increase economic efficiency?
N/A
9.) Does this project provide investment in transportation, environmental
protection, or infrastructure that will provide long term economic benefit? Please
describe:
N/A
10.) Describe how the activity will promote energy conservation, smart growth,
green building technologies, or reduced pollution emissions, if applicable.
NM .
11.) Does this project help to foster energy independence? Please explain:
)
N/A
12.) Does this project serve to modernize infrastructure? Please describe the need
and the benefit:
N/A
13.) Does this project improve energy efficiency? Please explain:
N/A
14.) Does this project expand educational opportunities or provide access to
healthcare? Please explain:
N/A
.15.) Is this a project that can be contracted (based on bids) within 120 of February
17th 2009? HUD/Recovery Act is giving fund recipients 120 from enactment of the
act, or until June 17'h 2009 to commit funds these funds to an eligible project).
16.) Is this a project that can be implemented (underway) 120 days from the date of
contract? (October 15th 2009).
.
17.) Will this project leverage funds from other sources, if other Recovery Act
funds are leveraged please describe what time and the percentage of matching
funds. For all other leveraged funds please describe and provide a percentage for
total funds leveraged.
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CDBG-R Project Proposal Description
Project Title:
Public Works - Iowa Street ADA Accessibility Requirements
Brief project Summary:
This project would utilize approximately $16,500 in CDBG-R funds to replace I]
wheelchair ramps along five blocks of Iowa street to bring them in line with ADA
requirements. This 5 block stretch of Iowa street, between North Mountain A venue and
Wightman street is in a designated low to moderate income neighborhood which is
identified by the 2000 census as a block group that is 60-70% comprised of populations
below 80% of the Area Median Income (AMI). This project is located in an area that will
serve to provide better access to 4 schools. This project will be carried out in conjunction
with a Recovery Act funded overlay paving project being carried out by the Oregon
Department of Transportation and the City of Ashland's Public Works Department on 5
blocks of Iowa Street between North Mountain A venue and Wightman Street.
CDBG Program Objectives
1.) Describe how this project benefits Low-Moderate income populations:
This project will be located in a recognized Low to Moderate income neighborhood. It
will qualify under the Low-Mod Area (LMA) Benefit National objective.
2.) Will this project require an Environmental Review; Will the E.R. process
impede implementation of the activity beyond Recovery Act targeted timelines?
(Contract by 5-17-09, implementation by 10-15-09):
This project will consist of the installation of ADA accessible sidewalk ramps in the
existing right-of way. It is categorically excluded from NEPA requirements under
58.35(a)(1), therefore it will require a site specific Environmental Review only which
will not impede activity implementation.
3.) Does this activity trigger Davis-Bacon Wage rates? Will prevailing wage
requirements harm the economic viability of the project?
This project will may trigger Davis-Bacon wage rates, since the overlay paving project
will trigger Bureau of Labor and Industry (BOLl) wage rates which are often higher than
prevailing wage it is not expected to raise project costs enough to be deemed
economically unfeasible.
CDBG-R Program Priorities
4.) Does this project Preserve or Create Jobs? Please describe and quantify job
retention or creation (including permanent, part-time, and temporary jobs, refer to
HUD job creation guidelines for CDBG-R funded projects for specifics):
This project will preserve and create jobs, how many is unclear atthis time. HUD
guidelines will be consulted when they are made available,
5.) How will this project promote economic activity?
This project will promote economic activity by introducing a new source of funds into the
local economy (CDBG-R funds). A simple example of the extent of the economic
benefit to the local economy is to use the Oregon Housing and Community Services
estimate contained in the document "Housing as and Economic Stimulus", every dollaT
spent on labor equates to $2.77 in spending. Therefore $16,500 in recovery act funds
spent on labor will translate into $45,700 in economic activity.
6.) How will this project assist those most impacted by the recession?
This project targets employment activities to those most affected by the collapse of the
housing market, those in the construction industry.
7.) Does this project minimize or avoid reductions in essential services (CDBG-R
funds can only be used for this purpose if applicant can prove that there is not other
funding available for this purpose):
N/A
8.) Does this project provide investment that will increase economic efficiency?
N/A
9.) Does this project provide investment in transportation, environmental
protection, or infrastructure that will provide long term economic benefit? Please
describe:
This project provides investment in infrastructure that will provide benefits to the
populations in and around this low-to moderate income neighborhood by facilitating the
mobility of peoples with disabilities. Similarly, since this area serves four different
schools it will also further the health and safety of the pedestrian traffic to and from those
schools.
10.) Describe how the activity will promote energy conservation, smart growth,
green building technologies, or reduced pollution emissions, if applicable
N/A
11.) Does this project help to foster energy independence? Please explain:
N/A
12.) Does this project serve to modernize infrastructure? Please describe the need
and the benefit:
This project will serve to modernize infrastructure by bringing II the wheel chair ramps
along this five block stretch of Iowa street up to ADA accessibility requirements.
13.) Does this project improve energy efficiency? Please explain:
N/A
14.) Does this project expand educational opportunities or provide access to
healthcare? Please explain:
N/A
15.) Is this a project that can be contracted (based on bids) within 120 of February
17th 2009? HUD/Recovery Act is giving fund recipients 120 from enactment of the
act, or until June 17'h 2009 to commit funds these funds to an eligible project).
Yes,
16.) Is this a project that can be implemented (underway) 120 days from the date of
contract? (October 15th 2009).
Yes.
17.) Will this project leverage funds from other sources, if other Recovery Act
funds are leveraged please describe what time and the percentage of matching
funds. For all other leveraged funds please describe and provide a percentage for
total funds leveraged.
Yes, this project will leverage over $500,000 in Recovery Act funds.
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CITY OF
ASHLAND
Council' Communication
Ordinance Establishing Classes of Offenses and Minimum Fines
Meeting Date: June 2, 2009 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us
Secondary Dept.: Administration Secondary Contact: None
Approval: Martha Benne Estimated Time: 30 minutes Ordinance
Question:
Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Amending Chapter 1.08 of the Ashland Municipal Code Establishing Classes of Offenses, Establishing
Minimum Fines and Repealing AMC 10, I 04,01 0" and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve First Reading of the ordinance and move the Ordinance to Second
Reading on June 16th, 2009,
Background:
The City Attorney's Office has previously addressed the City Council on the "one size fits all" generic
nature of the Ashland Municipal Code, Specifically, every single violation offense in the code is
punishable by a fine of up to five hundred dollars, ($500,00), plus assessments. [AMC 1.08.020). The
City Police Department and former City Code compliance staff favor a more precise identification of
the level of offenses and the applicable fines associated with such offenses. One predictable way to
refine the Ashland Municipal Code is to use the existing classification system for offenses in ORS
Chapter 153, Such use of the classifications is specifically authorized by Oregon law. Both the City
Police and the Municipal Court are familiar with this state classification system which allows for the
designation of offenses as Class A, Class B, Class C and Class D. Pursuant to ORS 153,018, the
maximum fines by Class are Class D: $90, Class C: $180, Class B: $360, and Class A: $720. As
amended, AMC 1.08 designates all city ordinance offenses as Class B unless otherwise specified in
Resolution of the Councilor elsewhere in the Code, [This default designation has the effect of
reducing the maximum fine from $500 to $360 for all offenses.] The City Council will be asked to
designate a Class [A,B, C or D] for all offenses in the Code in a Resolution enacted before the
effective date of the ordinance. (see 'shaded text in AMC 1.08.020 A. and 1.08.040 attached).
The State of Oregon uses a base fine calculation [ORS 153.125] and minimum fine statute [ORS
153.093] to ensure fairness, consistency and predictability in the adjudication of violation level
offenses. This system, in addition to ensuring fairness and equal ireatment for similarly situated
offenders, is also an excellent means of increasing the efficiency of Court operations. Unlike the
current system where an offender does not know whether they will be fined one dollar or five hundred
dollars for a City ordinance violation, use of the classification system, base fine and minimum fine
establishes the amount to be paid, and allows for structured judicial discretion.
Under the existing system, an offense such as dog waste [AMC 9.16.055] is the same level of offense
as failure to contain or leash a vicious dog [AMC 9.16.020]. Both are punishable by a fine of up to
,Page I of 4
.... ,
.,-~
,
CITY OF
ASHLAND
$500, plus assessments, The base fine amount calculated using the "one size fits all" maximum five
hundred dollar fine is $317.00. [Calculation is $250 foundation amount (1/2 the maximum) plus $37
state unitary assessment, plus $30 county assessment] ($317 assumes no City assessments in place-
see Fee Resolution proposed). A Defendant charged with a dog waste violation will likely not plead
guilty or no contest on the back of the citation and mail in $317 to the Court clerk. The Defendant will
likely appear in Municipal Court for this dog waste citation and ask the Judge for a smaller fine, This
is an extremely inefficient use of the Court's resources; the City Council can increase efficiency by
making these kinds of determinations legislatively,
The police would recommend classification of dog waste as a Class D violation offense punishable by
a maximum $90 fine, (Compare to vicious dog, which would be classified more seriously). More
importantly, the police would use the bail schedule based on,this "D" classification and write the base
fine amount of$97 (assuming no City assessments) on the ticket. [See Table I on page 4]. The
offender could exercise the option to plead guilty or no contest by mail (with or without an
explanation) and submit the base fine amount with his or her plea. No Court appearance is necessary.
While it does not often occur, the Court has the discretion, under the minimum fine statute, to reduce
the amount of the base fine to $72.75. (25% reduction assuming no City assessments) and refund the
difference to the Defendant. The Court may also summon the defendant to appear if the Court wished
to impose a higher fine up to $90, plus assessments ($145, assuming no city assessments).
Please keep in mind, state law imposes a $37 unitary assessment on all violations and a County
assessment ranging from $5 to $66 based on the fine amount. Accordingly of the $97 submitted in the
above example, $37 goes to the State or Oregon and $15 to Jackson County. The City gets the
remaining $45 only. (The City can make up some of this difference by use of City Assessments - see
the Fee Resolution and Fee Ordinance proposed).
In general, the proposed ordinance amends Chapter 1.08 to clarify and refine the penalties associated
, with criminal and violation offenses, The ordinance does the following:
. Repeals the adoption of the criminal laws and procedures in AMC 10.104.0 I 0 which has not
been updated since 1989. [Page 6, Section 7]
. Adopts current criminal laws and procedures, including violations procedures, and permitting
extra-territorial application on lands owned by the City. [Pages 2 -3, Section l.D]
. Specifies misdemeanor offenses are only those specified as such in the Code; establishes
offenses as Class B Misdemeanors, subject to City Charter penalty limitation of 60 days jail
and a $500 fine, [Pages 1-2, Section I.A]
. Establishes $200.00 minimum fine for City ordinance criminal offenses. [Page 2, Section I.C]
. Does not limit prosecution of state criminal law misdemeanors or violations in Municipal
Court. [Page 2, Section I.B] [Page 3, Section 2.A]
Page 2 of 4
r
~~,
CITY OF
ASHLAND
. Establishes Classes for violation offenses (i.e. Class A, B, C, and D). with corresponding fines,
[Page 3, Section 2] [Page 4, Section 3, Table I]
. Makes maximum violation fines subject to City Charter limitation to $500.00 fine for
violations. [Page 3, Section 2.A]
. Sets all Violations of the Code not otherwise designated as Class B Violations. [Page 3,
Section 2]. Class B Violations are punishable by a maximum $360.00 fine, plus assessments.
[Page 4, Section 3, Table I]
. .
. Sets Special Corporate Fine at double the fine for individuals,[Page 3, Section 2, B]
. Makes Special corporate fines subject to City Charter limitation to $500.00 fine for violations.
[Page 3, Section 2.A]
. Establishes Base fine amounts for all Classes ofviolations.[Page 4, Section 3, Table I]
. Expressly requires base fine calculation consistent with state law, with addition of local
assessments. [Page 4, Section 3.A]
. Expressly requires compliance with minimum fine statute for City ordinance offenses,
consistent with state law offenses. [Pages 4-5, Sections 3 C] [Table I specifies minimum fine
amounts for individuals and corporations]
. Authorizes Council to set initial classes and permits administrator to subsequently amend bail
schedule.[Page 5, Section 4]
. Updates Violation Trial provisions, including authorizing code compliance staff to appear.
[Page 6, Section 4.A - F]
. Expressly authorize Recorder to correct terminology (i.e, change infraction to violation), [Page
6, Section 6]
In general, absent state law, all municipal court operations are subject to City ordinances, [Ashland
City Charter Article 15, Section I & Section 5]. This ordinance updates penalty provisions, within the
limitations of the City Charter, and establishes minimum and maximum fines within which the
Municipal Court can exercise discretion, consistent with State law offenses.
Additional code modification is needed to address code enforcement procedures, including specifically
administrative abatement and court ordered abatement of violations. Those additional matters will be
addressed in a separate ordinance to avoid confusion.
Page 3 of 4
~~,
CITY OF
ASHLAND
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve First Reading and continue the matter to June 16, 2009 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Reading for June 16, 2009
Attachments:
Ordinance
I
Page 4 of4
~~,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, ESTABLISHING
MINIMUM FINES AND REPEALING AMC 10.104.010 AND AMC 11.04.010
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold" ..... and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provid~es:
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 aadition 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 Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.010 [GENERAL PENALTY: Penalty Imposed] is hereby
amended to read as follows:
1.08.010. GliNERJ\L PEN.I'.L TY Misdemeanor Penalties and Procedures. Penalty
Imposed.
A. Unless otherwise specifically provided, when the Ashland Municipal Code
specifically. identifies violation of its provisions as subiect to this section, any
person violating any provisions or failing to comply with any of the mandatory
requirements of this code is guilty of a Class B misdemeanor offense. Provided
however, while the $500 dollar and sixty (60 day) limitations of Article 9. Section 1
of the Ashland City Charter are operative. any Any person convicted of a
misdemeanor under this code shall be punished by a fine of not more than five hundred
dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine
and imprisonment. In addition to a fine and incarceration. the Municipal Court may
impose any additional punishment or probation appropriate for the offense.
B. Each such person is guilty of a separate offense for each and every day during
any portion of which any violation of this code is committed, continued or permitted by
any such person, and shall be punished accordingly. The costs of prosecution.
includinQ but not limited to court costs. assessments. fees. charQes. restitution.
Page 1 of 7
and the like. shall not be included within the $500 limitation. The prosecution in
Ashland Municipal Court of misdemeanors defined by state law is not limited by
the fine and incarceration limitations of the city charter
C. Except for state law offenses adopted by reference and charQed as city
ordinance offenses. the minimum fine for any misdemeanor offense created by
the Ashland Municipal Code shall be two hundred dollars ($200.00).
D. Adoption of State Criminal Laws and Procedures
(1) All criminal procedures, proyisions and requirements applicable to
yiolations and misdemeanors, includinQ but not limited to OreQon Eyidence
Code. (ORS Chapters 40 and 41). ORS Chapter 153 Yiolations. defenses. burden
of proof. Qeneral principles of criminal liability. parties. and Qeneral principles of
justification contained in OreQon Reyised Statutes Chapters 131 throuQh and
includinQ 167. as well as Chapters 471 throuQh 480 are hereby adopted in full and
made applicable to the municipal court.
(2) All misdemeanor offenses and penalties described in ORS Chapters 161.
162.163.164.165.166 and 167. as well as offenses (violations and crimes)
described in the OreQon Vehicle Code and ORS Chapters 33.137.153,471.475.
476. and 480. are hereby adopted by reference. Subject to the misdemeanor
jurisdiction of the court. yiolation of an adopted provision of those chapters is an
offense aQainst this city and shall be punishable to the same extent as proyided
in the code or statute. NothinQ here prohibits or restricts the City police or City
\ Attorney from electinQ to pursue state law yiolations and misdemeanors within
the jurisdiction of the Court
(3) Except where the context clearly indicates a different meaninQ. definitions
appearinQ in the Qeneral definitional and other particular sections of chapters
adopted by subsections (1) and (2) of this section are applicable throuQhout this
chapter. Where appropriate, references to "state" and "state statute" shall be
deemed to also include "city" and "city ordinances."
(4) The city police, city attorney. assistant city attorney, and municipal court.
includinQ the municipal court iudQe. iudCles pro tem. court clerk and deputy court
clerks. shall have all the powers. duties. and responsibilities provided under
OreQon Revised Statutes. applicable to investiQation. prosecution.
administration, and adiudication of criminal offenses and violations within the
city of Ashland and on city-owned property
(5) The statutes. codes and procedures adopted herein are expressly made
applicable within the city limits of the city of Ashland as well as outside the city
limits when concerninQ offenses occurrinQ on city-owned or controlled property
located outside the city limits of the city of Ashland. OreQon.
Page 2 of 7
SECTION 2: Section 1.08.020 is hereby amended to read as follows:
1.08.020 GENERAL PENALTY Violation Penalties and Procedures Infractions
A. Violation offenses in the Ashland Municipal Code shall be classified as
Class A, Class B. Class C and Class D yiolations consistent with ORS Chapter
153. Wlienln'otfOfii'e'iWi$~J$p"e'cifteaJinrttrerGoun'ciIIResofiifion*a(Jomili'Ciflle'[initiaJ
BailrSCtie'aUle!:l'a6'Ie!'2~iR!''{\;II1I"'G!1!(f8!(f;ni or-in the yiolation offense in the Ashland
Municipal Code itselfaoe-s~not:speelf\<:a:clas'slfiG3f~ the violation offense shall
be a Class B violation. The penalty for committinQ a yiolation offense shall be as
specified for the classification of the offense in the Schedule of Violation
Penalties. Section 1,08.030. rTable 11. or as otherwise specifically desiQnated in
the Ashland Municipal Code. Provided however. while the $500 dollar limitation
of Article 9. Section 1 of the Ashland City Charter is operatiye. the fine portion of
any monetary obliQation imposed by the Municipal Court for a City Ordinance
offense. shall not exceed $500. In addition. each and eyery day durinQ any
portion of which any violation offense is committed. continued or permitted by
any such person, shall constitute a separate violation subject to a separate fine of
~500.00 and such person shall be punished accordinQly. The costs of
prosecution. includinQ but not limited to court costs, assessments: fees. charQes.
restitution. and the like. shall not be included within the $500 limitation. The
prosecution in Ashland Municipal Court of yiolations defined by state law is not
limited by the fine limitations of the city charter
B. Subject to Charter limitations. and notwithstandinQ any other proyision of
the Ashland Municipal Code. the Council establishes a special corporate fine of
twice the amount of fine specified herein for an indiyidual per class of offense
Table 1. "Corporate" fines are implicated when the person responsible for the
offense is a corporation. partnership, limited liability company or other entity. not
a real person. In addition to a fine. the Municipal Court may impose additional
punishment appropriate for a violation offense. includinQ but not limited to. for
example. in lieu of any fine, for any class of yiolation offense. and exclusive of
assessments and costs. the Court may order UP to 48 hours of community
service, provided compliance with ORS 137.128 is demonstrated.
A person who commits an infraction by violating designated provisions of the
Ashland Municipal Code shall not suffer any disability or legal disadvantage
based upon conviction of crime. The penalty for committing an infraction shall
be a fine not to exceed $500i ho'.ve':er, each and e'Jery day during any portion of
which any infraction is committed, continued or permitted by any such person, is
a separate violation subject to a separate fine of $500,00, and such person shall
be punished accordingly. The trial of any infraction shall be by the Court without
a jury. The City of Ashland shall have the burden of pro':ing the infraction by a
preponderance of the evidence and the Defendant may not be required to be a
witness in the trial of such infraction. At any trial involving an infraction, the City
,1l,ttomey shall not appear unless the Defendant is represented by an attorney,
Page 3 of 7
further. at any such trial. defense counsel shall not be provided at public
expense.
SECTION 3: Section 1.08.030 is hereby added to read as follows:
1.08,030 Base Fines. Schedule of Violation Penalties & Minimum Fines
A. Base Fine, Pursuant to ORS 153.142. base fine calculations shall be
consistent with state law for all city ordinance yiolations and other yiolations
subiect to the jurisdiction of the municipal court. except that City assessments
shall be added to the foundation amount in the same manner as state and county
assessments are added to the foundation amount and incorporated into the base
fine. State. county. and local assessments are added to fines, not deducted from
them. A reduction of a misdemeanor to a yiolation retains the appropriate state.
county as well as city misdemeanor assessments.
B. Schedule of Violation Penalties. City ordinances offenses and other
yiolations within the iurisdiction of the Municipal Court shall have the
classifications and base fines. minimum fines. maximum fines and corporate
fines noted on Table 1 below and as may be set forth on any promulQated City of
Ashland Bail Schedule:
Table 1 Schedule of Violation Penalties
Class A $447.00 $335.25 $843.00* $843.00* $1563.00*
Class B $262.00 $196.50 $447.00 $447.00 $843.00*
Unclass $262.00 $196,50 $447.00 $447.00 $843.00
Class C $165.00 $123.75 $262.00 $262.00 $447.00
Class D $117.00 $87.75 $165.00 $165.00 $262.00
* Subiect to Charter limitation on fine noted in AMC 1.08.020 the base and
maximum must be lowered to .$623.00 which is $500.00 fine plus applicable state.
county and city assessments]
i Fine shown represents maximum 25% reduction per the minimum fine statute
as applied to City ordinances pursuant to subsection 5 below. Other specified
minimum fines in ordinances and state statutes require increased fines over
those shown in this column.
Note: Adopted Bail Schedule must be consulted for increases due to traffic
accidents and other factors as reflected in ORS 153.125 ORS 153.145.
C. Minimum Fines. The Municipal Court shall comply with ORS 153.093 as
reQards all city ordinance violations as well as all other yiolations within the
Page 4 of 7
iurisdiction of the Court. exclusive of parkinq violations. Compliance with this
law means. the Municipal Court is prohibited from deferrinQ. waivinQ.
suspendinQ or otherwise reducinQ the fine for a violation below 75% of the base
fine amount for Class A. B. C. D and unclassified violations (i.e. no more than a
25% reduction of the base fine). This restriction applies whether or not the Court
labels the fine reduction a "diversion fee." When the ordinance or statute
specifies a minimum fine for the yiolation. the Court shall not impose a fine below
the specified minimum fine. notwithstandinQ the authorized 25% reductions noted
above. The minimum fine becomes the foundation amount for base fine
calculation. NotwithstandinQ any other proyision of the code, when the Ashland
Municipal Code specifies a fine. it shall be considered the minimum fine for
purposes of base fine calculations. i.e. the Ashland Municipal Code contains no
"specific fine yiolations." .
SECTION 4: Section 1.08.040 [Bail Schedule] is hereby added to read as follows:
1.08.040 Violation Bail Schedule
A. Bail Schedule. The oyernin bod of the Cit of Ashland stiall initiall.
estaSfisti16V1Res()iiifionlaIDalllsctle'aiIliliii'Clli'OinQlttieIciassiflcatlonloflSpecifi
offenseslcreateaIDYlG'itwor(finan"ce!'IBlill'e?i'iiftei1! the Ashland City Council hereby
deleQates to the Ashland City Administrator. or desiQnee. the authority to
establish by written Order a City of Ashland Bail Schedule applyinQ base fine
formula to the violations within the iurisdiction of the Municipal Court, The
Administrator shall periodically update the Order with current fees and charQes
reflected on future Resolutions and shall distribute it for use of City Police and
Code Compliance personnel to ensure the correct base fine amounts are
reflected on citations.
SECTION 5 Section 1.08.025 is hereby added to read as follows:
1.08.050 Violation Trial
A. The trial of any yiolation offense shall be by the Court without a iury.
B. The City of Ashland shall haye the burden of proyinQ the violation offense
by a preponderance of the evidence and the Defendant may not be required to be
a witness in the trial of such violation offense.
C, At any trial involvinQ a violation offense, the City Attorney shall not appear
unless the Defendant is represented by an attorney. or unless the City Attorney is
Qranted leave of the Court to appear, Further. at any such yiolation trial, defense
counsel shall not be provided at public expense. .
D, Consistent with ORS 153.083. in any trial of a yiolation offense. whether
created by ordinance or statute. in which the City Attorney is prohibited from
Page 5 of 7
appearinQ. the City police officer or code enforcement officer who issued the
citation for the offense is specifically authorized by law to present evidence.
examine and cross-examine witnesses and make arQuments relatinQ to: (1) The
application of statutes and rules to the facts in the case; and (2) The literal
meaninQ of the statutes or rules at issue in the case; and (3) The admissibility of
eyidence; and (4) Proper procedures to be used in the trial.
E. Except as expressly provided above. only a person who is currently
licensed to practice law in the State of OreQon by the OreQon State Bar is
permitted to represent another person or entity in Ashland Municipal Court.
F.. A person who commits a violation offense by violatinQ desiQnated
provisions of the Ashland Municipal Code shall not suffer any disability or leQal
disadyantaQe based upon conviction of crime.
SECTION 6. Substitution of Terms. The City Recorder is expressly authorized to
substitute the term "violation" or "violation offense" and plurals thereof, as appropriate,
for the term for "infraction" and plurals thereof, throughout the entire Ashland Municipal
Code, to correctly reflect terminology used to describe non-criminal offenses.
SECTION 7. Repeal. Ashland Municipal Code Section 10.104.010 [Adoption of State
Criminal Law and Procedures] and Ashland Municipal Code Section 11.04.010
[Adoption of Vehicle Code] are hereby repealed.
SECTION 8. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 9. Savings. Notwithstanding this amendment, 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.
SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal 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, and typographical errors and cross references may be
corrected by the City Recorder, provided however that Sections 6 thru 10,
unincorporated Whereas clauses and boilerplate provisions need not be codified.
Page 6 of 7
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 Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 7 of 7
CI T Y 0 F
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Concerning Code Enforcement
June 2, 2009 Primary Staff Contact: Richard Appicello
City Attorney's Office E-Mail: Appicelr@ashland.or.us
Legal Secondary Contact: Megan Thornton
Martha Benn Estimated Time: 15 minutes Ordinance
Question:
Should the City Council conduct and approve First Reading of an ordinance titled. "An Ordinance
Concerning Code Enforcement, Amending AMC 1.08 of the Ashland Municipal Code and Repealing
AMC 11.48" and move-the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve First Reading of the ordinance and move the Ordinance to Second
Reading on June 16.2009.
Background:
The proposed ordinance amends Chapter 1.08 to designate code compliance officers, and specify the
standards and service for citations. Although additional code modification is needed to more fully set
out code enforcement procedures. such additional matters will be addressed in a separate ordinance.
The ordinance does the following:
. Permits the City Administrator to designate by Order Code Compliance Officers.
. Designates specific positions as code compliance positions with order of the Administrator.
. Clarifies inspection right of entry.
. Designates Code Compliance Officers as empowered to issue citations.
. Specifies the manner of service of citations.
. Authorizes warning notice with ten day voluntary compliance deadline.
. . Lists possible consequences for failure to appear.
. Repeals citation authority contained in Traffic Chapter.
Given budget reductions code enforcement duties are now dispersed throughout the City. This
ordinance responds to that dispersion and allows for flexibility in designation of code compliance
officers in AMC 1.08.005 A. (Page 1), While AMC Chapter 11.48 generally concerns citation
authority, its location in the traffic article created ambiguity as to whether it applied to the entire Code.
The section is repealed (Section 2, Page 4) and citation authority for all offenses placed in AMC
1.08.005 D. (Page 2). Prior code compliance staff had requested clarification of whether service of
citations by mail was permitted; it is now specifically authorized under 1.08.005 E. (Page 3). The
Police Department had also requested clarification that citations for ordinance violations could be
based on probable cause; not merely personal observations by the officer. The ordinance makes this
clarification in AMC 1.08.005 D. (Page 2). A standard for warnings is added in AMC 1.08,005 G.
(page 4) to reduce variation in enforcement between departments.
Page 1 of2
....
.,-~
CITY OF
ASHLAND
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve First Reading and continue the matter to June 16, 2009 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only}
Council: Motion to approve First Reading and set Second Reading for June 16, 2009
Attachments:
Ordinance
Page 2 of2
~~,
,
ORDINANCE NO.
AN ORDINANCE CONCERNING CODE ENFORCEMENT.
AMENDING CHAPTER 1,08 OF THE ASHLAND MUNICIPAL CODE
AND REPEALING AMC 11.48
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ... . _L and additions are bold underlined.
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 Firefiahters. Local 1660. Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.005 is hereby added to read as follows:
1.08.005 Code Compliance Officers.
A. DesiQnation.
The City Council hereby deleQates to the City Administrator the authority to
desiqnate by written order any City officer. employee. or contractor as City of
Ashland "Code Compliance Officer{s)"with authority to enforce the City Code.
The followinq positions are desiQnated Code Compliance Officers without further
order: all City police officers. Special Campus Security Officers employed by
Southern OreQon Uniyersity. the City Fire Chief or desiQnees. City Public Works
Director or desiqnees. City Finance Director or desiqnees. City Community
Development Director or desiqnees. City Parks Director or desiQnees. City
Electric Utility Director or desiQnees. City Recorder or desiQnees. code
compliance officers, code enforcement employees with an approyed job
description which includes code compliance or enforcement. includinQ but not
limited to. the BuildinQ Official and desiQnees, Fire Marshal and desiQnees. and
community service officers.
B. General Powers and Duties of Code Compliance Officers.
Page 1 of 7
Code Compliance Officers are authorized to enforce any and all the provisions of
the Ashland Municipal Code and for such purposes shall have all such law
enforcement authority as may be Qranted to such enforcement officers by
charter. ordinance and Qenerallaw.
C. RiQht of Entryl Warrant.
When it may be necessary to inspect to enforce the provisions of this code. or the
Code Compliance Officer has reasonable cause to belieye that there exists in a
buildinQ or upon a premises a condition which is contrary to. in yiolation of this
code or which otherwise makes the buildinQ or premises unsafe. danQerous or
hazardous. the Code Compliance Officer, in accordance with administratiye
policy. may enter said buildinQ or premises at reasonable times to inspect or to
perform the duties imposed by this code, provided that if such buildinQ or
premises be occupied that credentials be presented to the occupant and entry
requested. If such buildinQ or premises be unoccupied. the Code Compliance
Officer shall first make a reasonable effort to locate the owner or other person
hayinQ charQe or control of the buildinQ or premises and request entry. If entry is
refused. the Code Compliance Officer shall haye recourse to the remedies
provided by law to secure entry. includinQ but not limited to Administratiye
Search Warrant.
D. Citation.
City Police Officers and Code Compliance Officers are empowered to investiQate
and enforce all yiolations of City ordinances. For criminal offenses created by
City ordinance. any City police officer may make an arrest consistent with the
criminal laws of the State of OreQon or may issue and serve a citation in lieu of
arrest as authorized by ORS 133.070. For the yiolation offenses created by City
Ordinance or Charter. any City police officer and any City Code Compliance
Officer may issue and serve a citation which shall be in the nature of a notice to
appear citation and complaint. at a time and place certain. in the form and manner
specified in ORS Chapter 153 and this Code. A Police Officer or Code
Compliance Officer is expressly authorized by law to issue a citation to a person
for a violation created by City ordinance if the officer personally witnessed the
violation or the officer has probable cause to believe that the person has
committed a city ordinance offense. As authorized inORS 153.058(7), the City
hereby elects not to allow privately initiated violations for city charter and city
ordinance offenses, NotwithstandinQ the aboye. parkinQ citations may be issued
by authorized City parkinQ enforcement contractors. No person shall cancel or
solicit the cancellation of a citation without the approval of the municipal judQe,
E. Service; Service by Mail and Failure to Receiye Notice; Default.
1) Service on individuals may be made by Code Compliance Officers or
any authorized aQent of the City by any of the followinQ means:
Page 2 of 7
a. Service may be made by mailinQ the summons and complaint by
restricted or unrestricted certified or reQistered mail. return receipt
requested. For purposes of computinQ any time period prescribed by
this ordinance. service by mail shall be complete three days after
such mailinQ if the address to which it was mailed is within the State.
and seyen days after mailinQ if the address to which it is mailed is
outside the State.
b. No default shall be entered aQainst any responsible party served by
mail under this section who has not either received or rejected the
reQistered or certified letter containinQ a copy of the summons and
complaint. unless otherwise authorized by the municipal iudQe
based upon service procedures of the OreQon Rules of Civil
Procedure.
c. Service may be made by deliyerinQ the summons and complaint
directly to the person to be served.
d. Substituted service may be made by deliyerinQ a COpy of the
summons and complaint at the dwellinQ house or usual place of
abode of the person to be served, to any person oyer 14 years of aQe
residinQ in the dwellinQ house or usual place of abode of the person
to be served. Where substituted service is used. the code
compliance officer. as soon as reasonably possible. shall cause to
be mailed a true copy of the summons and complaint to the
responsible party at the responsible party's dwellinQ house or usual
place of abode. tOQether with a statement of the date. time. and place
at which substituted service was made. For the purpose of
computinQ any period of time prescribed or allowed by this
ordinance. substituted service shall be complete upon mailinQ.
e. If the person to be served maintains an office for the conduct of
business. office service may be made by leavinQ a true COpy of the
summons and complaint at such office durinQ normal workinQ hours
with the person who is apparently in charQe. Where office service is
used, the code compliance officer, as soon as reasonably possible.
shall cause to be mailed a true COpy of the summons and complaint
to the responsible party at the responsible party's dwellinQ house or
usual place of abode or the responsible party's place of business or
such other place under the circumstances that is most reasonably
calculated to apprise the responsible party of the existence and
pendency of the action. tOQether with a statement of the date. time.
and place at which office service was made. For the purpose of
computinQ any period of time prescribed or allowed by this
ordinance. office service shall be complete upon such mailinQ.
2. Service on particular responsible parties: minors. incapacitated persons.
corporations. limited partnerships, the State. other public bodies, Qeneral
partnerships and other entities. shall be on the persons named in the,
OreQon Rules of Civil Procedure.
Page 3 of 7
F. Default {Criminal CharQes {Warrant.
Failure to appear on a violation citation may result in a default iudQment. criminal
prosecution for failure to appear [See ORS 153.992 . ORS 133.0761. a Court order
to show cause for Contempt, as well as issuance of an arrest warrant.
G. WarninQs.
City Police Officers and Code Compliance Officers may issue a warninQ notice
for any non-criminal yiolation of the Ashland Municipal Code, provided the Code
does not prohibit a warninQ. WarninQ notices Qenerally provide a brief
description of the yiolation. the name of the city department to contact reQardinQ
the abatement of the violation. the name of the person issuinQ the warninQ notice.
the date the warninQ was issued. and a statement that failure to correct the
alleQed violation or to contact the named department contact within ten (10) days
may result in issuance of a citation to the municipal court as well as other
enforcement proceedinQs. The warninQ notice shall be served upon the person
or entity accused of the violation and a COpy placed in the enforcement file.
NothinQ in this section shall be construed to require a warninQ notice be Qiven to
any defendant prior to issuinQ a citation or takinQ any other enforcement or
abatement action.
H. Personal appearance when abatement of violation required.
NotwithstandinQ the appearance options of ORS 153.061. when the City
ordinance offense alleQed involyes a continuinQ violation. a personal appearance
on the citation shall be required. The violation citation itself, this Chapter, the
bail schedule. or Court order may specify offenses or classes of offenses which
require a personal appearance.
SECTION 2. Repeal. Chapter 11.48 [Citations1 of the Ashland Municipal Code is
hereby repealed.
SECTION 3. Seyerability.
If any section. provision, clause. sentence. or paraQraph of this Ordinance or the
application thereof to any person or circumstances shall be held invalid. such
invalidity shall not affect the other sections. provisions. clauses or paraQraphs of
this Ordinance which can be Qiven effect without the invalid provision or
application. and to this end the provisions of this Ordinance are declared to be
seyerable.
SECTION 4. Codification.
- -
Proyisions of this Ordinance shall be incorporated in the Ashland Municipal Code
and the word "ordinance" may be chanQed to "code". "article", "section".
Page 4 of 7
"chapter' or another word. and the sections of this Ordinance may be
renumbered. or re-Iettered. and tYPoQraphical errors and cross references may be
corrected by the City Recorder. provided however that Section 1, and Sections 2
thru 4. unincorporated Whereas clauses and boilerplate proyisions need not be
codified.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of ,2009, and duly
PASSED and ADOPTED this day of , 2009,
Barbara Christensen, City Recorder
'-
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 7
Repealed Chapter set for the convenience of the reader:
11.48 Citations
11.48.010 Traffic Citation - illegal cancellation
No person shall cancel or solicit the cancellation of a traffic citation without the
approval of the municipal judge.
11.48.020 Citation
For the violation of this title, except Chapters 11.28, 11.32 and 11.52, a police
officer may issue a citation which shall be in the nature of a notice to appear at
a time and place certain, as required by law. If a person fails to comply with the
terms of the citation, the Chief of Police may send to the person, or the owner
of the motor vehicle, a letter informing the person, or the owner, of the violation
with a warning that if the letter is disregarded for a period of ten (10) days a
warrant of arrest will be issued.
11.48.025 Warnings and Citations
Warnings and Citations by Code Enforcement Officer and Community Service
Officer
1. The code enforcement officer or community service officer may issue a
warning notice for any violation of this code which is punishable as an
infraction. Warning notices shall give a brief description of the violation, the
name of the city department and employee to contact regarding the violation,
the name of the person issuing the warning notice, the date the warning was
issued, and a statement that failure to correct the alleged violation or to contact
the named department may result in issuance of a citation to the municipal
court. The warning notice shall be served upon the person accused of the
violation.
2. The code enforcement officer and community service officer are authorized
to enforce, and to issue a citation for, any violation of this code which is
punishable as an infraction. The citation and service of the citation shall
conform to the requirements of ORS 153.110 to 153.310.
11.48.030 Warrant
If a person fails to comply with the terms of a traffic citation, the Chief of Police
shall forthwith secure and have served a warrant for the arrest of the person.
11.48.040 Citations by Special Campus Security Officers at SOU
Page 6 of 7
The Special Campus Security Officers employed by Southern Oregon
University are authorized to enforce and to issue citations on the Southern
Oregon University Campus for minor in possession of alcohol (ORS 471.430)
and for unlawful possession of less than an ounce of marijuana (ORS
475.992). The citation and service of the citation shall conform to the
requirements of ORS 153.110 to 153.310.
\
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Bicyclists Taking the Lane: AMC 1l.52.030.E
June 2, 2009 Primary Staff Contact: Derek Severson
Planning E-Mail: seversod(al.ashland.or.us
Legal Secondary Contact: Richard Appicello
Martha'Benn Estimated Time: 10 minutes
Question:
Should the City Council approve First Reading of an ordinance titled, "An Ordinance Relating to
Bicyclists Taking the Lane and Amending AMC 11.52.030.E" and move the ordinance to second
reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and forward it to a Second
Reading.
Background:
Prior 10 it's disbanding, the Bicycle & Pedestrian Commission had a. request from Traffic Safety
Commissioner Matt Warshawsky to modify Section 11.52.030.E of the Ashland Municipal Code.
which states that:
11.52.030'.E Traffic Regulations. The use ofa b,icycle in the City shall be subject to all of the
provisions or laws of the State and the laws of the City, including those applicable to the
drivers of motor vehicles. except as to the latter, those provisions that by their very nature have
no application; and bicycles when ridden on a street or highway shall be ridden at the right-
hand side of the street or highway and within five (5) feet of the curb when possible, and shall
pass to the right when meeting vehicles.
Warshawsky asked that the requirement for cyclists to ride at the right hand side of street and within
five feet of the curb be removed from Ashland's Municipal Code and that bicyclists be grarited full use
of the travel lane where allowed by statute. The text of the applicable statute. ORS 814.430 is as
follows:
ORS & 814.430 (2007)
814.430. Improper use of lanes; exceptions; penalty.
(1) A person commits the offense of improper use of lanes by a bicycle if the person is
operating a bicycle on a roadway at less than the normal speed of traffic using the
roadway at that time and place under the existing conditions and the person does not
ride as close as practicable to the right curb or edge of the roadway.
Page I of3
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CITY OF
ASHLAND
(2) A person is not in violation of the offense under this section if the person is not
operating a bicycle as close as practicable to the right curb or edge of the roadway
under any of the following circumstances:
(a) When overtaking and passing another bicycle or vehicle that is proceeding in
the same direction.
(b) When preparing to execute a left turn.
(c) When reasonably necessary to avoid hazardous conditions including, but not
limited to, fixed or moving objects, parked or moving vehicles, bicycles,
pedestrians, animals, surface hazards or other conditions that make continued
operation along the right curb or edge unsafe or to avoid unsafe operation in a
lane on the roadway that is too narrow for a bicycle and vehicle to travel safely
side by side. Nothing in this paragraph excuses the operator of a bicycle from
the requirements under ORS 811.425 or from the penalties for failure to comply
with those requirements. '
(d) When operating within a city as near as practicable to the left curb or edge of a
roadway that is designated to allow traffic to move in only one direction along
the roadway. A bicycle that is operated under this paragraph is subject to the
same requirements and exceptions when operating along the left curb or edge as
are applicable when a bicycle is operating along the right curb or edge of the
roadway.
(e) When operating a bicycle alongside not more than one other bicycle as long as
the bicycles are both being operated within a single lane and in a manner that
does not impede the normal and reasonable movement of traffic,
(f) When operating on a bicycle lane or bicycle path.
(3) The offense described in this section, improper use of lanes by a bicycle, is a Class D
traffic violation.
(History: 1983 c,338 S 701; 1985 c.16 ~r; 339)
Bicycle and Pedestrian Commissioners concurred with Warshawsky that for bicyclists, being able to
take the lane when allowed to do so by statute provides the flexibility to respond to situation-speci fic
conditions, such as congestion in the downtown where riding near the road's edge can lead to conflicts
with parked cars and their opening car doors, and is thus crucial to bicyclists' safety. The Bicycle &
Pedestrian Commission unanimously recommended that the requirement for cyclists to ride at the right
hand side of street within five feet of the curb be removed from Ashland's Municipal Code.
The'newly formed Transportation Commission reviewed draft ordinance language in April of2009,
and voted to support the Bicycle & Pedestrian Commission's recommendation and to forward the
requested ordinance change to Council.
Related City Policies: '
The Transportation Element of the Comprehensive Plan calls for "modal equity" through policies
including Street System Policy #3 which states "Design streets as critical public spaces where creating
a comfortable and attractive place that encourages people to walk, bicycle and socialize is balanced by
Page 2 of3
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CITY OF
ASHLAND
building an efficient travel corridor. Design streets with equal attention to all right-of-way users and to
promote livability of neighborhoods."
Council Options:
I) Move to approve First Reading
2) Postpone consideration.
Potential Motions:
COllncil: Motion to approve First Reading and move to set Second Reading.
Attachments:
Proposed ordinance
Ashland Municipal Code 11.52.030
Draft Minutes from April 2009 Transportation Commission meeting
Letter from the Bicycle & Pedestrian Commission
Page3 of 3
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ORDINANCE NO.
AN ORDINANCE RELATING TO BICYCLISTS TAKING THE LANE AND
AMENDING 11.52,030.E.
Annotated to show deletionE: and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, ORS 814.430(1) prohibits as a Class D violation, the improper use of a lane by
a bicycle, which offense consists of the operation of a bicycle at less than normal speed of
traffic using the roadway and the person does not ride as close as practicable to the right
curb or edge of the roadway; and
WHEREAS. ORS 814.430(2) exempts from the prohibition of improper use of a lane by a
bicycle, the operation of a bicycle which is not as close as practicable to the right curb or
edge of roadway under certain circumstances, including but not limited to, overtaking or
passing another vehicle or bicycle, executing a left turn, when necessary to avoid
hazardous conditions, when on a one-way street, and when operating a bicycle alongside
one other bicycle in a manner that does not impede traffic; and
WHEREAS, consistency between the Ashland Municipal Code and Oregon Revised
Statutes would provide allow bicyclists the flexibility to utilize the roadway consistent with
the exceptions noted in ORS 814.430(2);
THE PEOPLE OF THE. CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Ashland Municipal Code Section 11.52.030.E [Traffic
Regulations] is hereby amended as follows:
11.52,030
Regulations.
E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of the
provisions or laws of the State and the laws of the City, including those applicable to the
drivers of motor vehicles, except as to the latter, those provisions that by their very nature
have no application; and lliGYGles when ridden on a street or highway shall lie ridden
at the right hand side of the street or highway and within five (5) feet of the Gurll
when possillle, and shall pass to the right when meeting vehiGles.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e, Sections 2-3)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographicai errors.
Page 1 of 2
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 2 of 2
AMC SECTION 11.52.030 Regulations,
The following regulations apply to riding and operation of a bicyclc:
A. Ridinl! on sidewalks in the Central Business District. No person shall ride or operate a bicycle on
a sidewalk in the central business district or commercial zone.
B. RacilH!'. No person shall engage in, or cause others to engage in, a bicycle race upon the streets or
any other public property of this City without pennission of thc Chicf of Police, Major races
involving closure or restructuring of city streets must be presented to the City CouIlcil through the
Chief of Police.
C, Method of Riding. A person shall not lide a bicycle Olher than with their feet on the pedals and
facing the front of the bicycle, No bicycle shall carry more persons at one time than the number
for which it is equipped,
D. Carrying Articles. No person operating a bicycle shall carry any packages, bundles, or articles
which prevent the rider from keeping at least one (I) hand upon the handlebars and in full control
of said bicycle,
E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of the provisions or
laws of the State aod the laws of thc City, includiog those applicable to the drivers of motor
vehicles, except as to the latter, those provisions that by their very nature have no application; and
bicycles when ridden on a street or highway shall be ridden at the right-hand side of the street or
highway and within five (5) feet of the curb wben possible, and shall pass to the right when
meeting vehicles.
F, ~Reed on Bievcle Routes, No bicycle shall be ridden on a bicycle route at a speed grcatcr than
reasonable and prudent for the circumstances when approaching a pedestrian.
G. Riding Abreast. No person shall ride a bicycle upon any street, highway, bicycle route or lane in
the City abreast, or side-by-side of any otber person so riding or propelling a bicycle when it
interferes or impedes the normal and reasonable movement of traffic or pedestrians.
H, Hitching 011 Vehiclcs. No person, while riding a bicycle shall in any way attach themselves or the
bicycle to any other moving vehicle.
I. Taking or Usine: Without Permission. No person shall take or use any bicycle without the
consent of the owner.
J. Riding While Intoxicated, It is unlawful for any person to operate a bicycle on any street,
highway, bicycle lane or route of the City while under the influence of any intoxicants.
K, Parking. No person shall park a bicycle upon a street, otber than in the roadway and against the
curb, or against a lamppost dcsignated for bicycle parking, or in a rack provided for the purpose
of supporting bicycles, or on the curb in a manner so as to afford the least obstruction to
pedestrian traffic. (Ord, 1787 S3, 1973; Ord, 2439 S 1. 1988; Ord. 2606 S2, 1990)
Page I of I
DrD ," i!""'"'"
h'"A~" i :1r1 ASHLAND \~ DRAFT
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TI&~$Pt)R'D'~,;pleN-€eM'MISsION
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commU:QLty~~o,~""Winl)urn Way
Minutes
Attendees: Tom Burnham, John Gaffey, Eric Heesacker, Julia Sorruner, Colin Swales (Interim Chair),
Brent Thompson, Matt Warshawsky, David Young
Absent:
Ex Officio Members: Mike Faught, David Chapman, Derek Severson, Larry Blake,
Nathan Broom. Eve Woods, Steve MacLennan
Staff Present: Jim Olson, Nancy Slocum
I. CALL TO ORDER: 6;00 PM
II, APPROVAL OF MINUTES:
Thompson moved to approve the minutes of March 26, 2009 as submitted. Swalcs scconded the motion
and it passed unanimously. '
III. PUBLIC FORUM
John Olson, 102 Garfield, took issue with the design of the traffic lights at Wightman. Indiana and
Siskiyou, He noted that pedestrians were at danger when vehicles make a left hand turn. For pedeslrian
crossing Siskiyou, he recorrunended a "Look both ways even with the crosswalk light is on "-type of sign.
John Olson also recorrunended the formation of a "Health and Safety Corrunission" to prioritize safety
issues. He noted an example in San Francisco where all four comers of an intersection get the "walk"
light at Ihe same time,
Egon Dubois, 381 W Nevada, read the Transportation Growth Management grant application in the
Commission packet. Hc rccorrunended the Corrunission read the first page of the application as it
succinctly stated Ashland's values and goals.
Dubois also had several bicycle and pedestrian comments or recommendations: four skateboard
were purchased by City to be installed at the library and downtown, they have yet to be installed;
recorrunendation for signage on Helman showing the current route to the Greenwaylbikeway; asked that
Willow Wind School Student Safety be placed on the Commission agenda; suggested yellow or orange
tactile warning systems at intersections for the benefil of the sight impaired,
IV. ADJUSTMENTS TO THE AGENDA:
Agenda item "SOU Master Plan" was moved to the top of the agenda.
V. BUSINESS
A. SOU Master Plan
Larry Blake, Associate Vice President for Facilities Managemenl and Planning, presented SOU's draft
master plan to the Planning Commission on March 31" and summarized his presentation for the
Corrunission. SOU's future plans included a new residential hall on the east side of Siskiyou along
Ashland Street. SERA, SOU's consultant, suggested three options to make crossing Siskiyou safer for
students including; a minor redesign of the IndianalWightmanlSiskiyou intersection, making University
.Waya two way street, and constructing an overpass or underpass. Blake stated SOU's commitment to
C:\DOCUME-I\sevmod\LOCAlS-I\Temp\04 1609 TC Minutes.doc
Page I of3
reduce CO2 emissions.
DRAFT
Galfey noted that ODOT and the Transportation Commission should be involved early in the planning
process, Faught agreed and recommended SOU hire a traffic engineer to study access management
options. Faught noted that the City would eventually require a Traffic Impact Analysis. Severson said
that SOU's Master Plan would be used by the Planning Department to look at SOU and adjacent
property's future development plans as a whole, This would allow SOU to move forward with
development in a timely manner.
Swales thought the master plan did not consider potential changes to Siskiyou Boulevard that may
include a road diet, roundabout, etc. Gaffey agreed on the necd for a long range plan for the intersection.
Blake reported that SOU was taking the master plan back to the Planning Commission in June or July,
SOU's websile had an opportunity for the public to comment on the master plan.
Heesacker thought the master plan should be reviewed within the context of current data and standards.
Swales recommended a joint study session with the Planning Commission to study implications oflhe
master plan.
B. Election of Chair and Vice Chair
Burnham nominated Swales for Commission Chair for a term to end April 30, 2010. Heesacker seconded
the motion and it passed unanimously.
Young nominated Sommers for Vice Chair. Warshawsky seconded the motion and it passed
unanimously. The Vice Chair would become the Chair in May, 2010. ~
e. BicVclistS~Bffir~f:RiihtsTfj~if,~e::tli6]EaD:~~~ ,~.
Severson reported that in 2008 the now disbanded Bicycle and Pedestrian Commission recommended
,tHat AMC Section 11.52.030.E (Traffic Regulations) be amended to be in accordance with with Oregon's
~king the Lane" codes. The revised ordinance would remove the requirement that bicycles ride ont the
right-hand side of the street within five feet of the curb. Oregon law provides that bicyclislS have a right
~ake the entire traffic lane while maintaining the normal speed of traffic; if they go slower the bicyclist
~~st proceed as close as practical to the right side of a two-way road.
~ooesmiiii.~<!mm;Slli~~!~~~e'~$>~~~~l'staff,t():' I
. t9'Wi'Y\9~g,~oDiI'!iIItI1eLniDti,!Q,T!!J1,a,filiP_~~'Zrto'I't
.... ~am:'~~~tll~fi!!i~!s~)1~~Jj~~~.!!;~~e;rffi~,@~~~listBillof1R:@its,~
Wltliiii e ilfiiftvordiliJiilce (t;Bl.!'y"liStsliriilffiigJtlielEi!i~:"$MQi)J!1 c52!nO!p;;.)-".iFliompsoD,secoDdealth.~
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D. "Safe Routes to School" Proe:ram
Tabled,
E. Transit and RVTD Uodate
Faught informed the Commission that the RVTD subsidy contract was up for renewal and going before
Council on May 5th. The City currently pays $1.50 of the standard $2,00 fare (riders pay $0;50), and
$3.00 oflhe standard $4.00 fee for Valley Lift para-transit services (the rider pays $1.00), The current
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 new proposal would 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. Staff is recommending that the new two year contract reinstate
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Page 2 of3
DRAFT
Route 5 (as Route IS) 10 hours per day. reduce the subsidy within Ashland to 50%, and allocate
$260,000 to transportation services in the FY2010 budget. Faught would like to get comments from the
Commission.
Sommers agreed with staff that this option was the best of those offered, but she would like to see the bus
run for 13 hours per day. Burnham agreed. Woods said SOU students make up a third of the ridership.
She would like to see evening service as well.
Faught would take these comments to Council and invited Commissioners to leave additional comments
on the website.
F. 20 I 0 Street Capital Improvement Plan (CIP)
Tabled_
V. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: None.
. Young reminded the Commission of the upcoming Bike Swap on May 9th at the Grove,
Heesacker and Burnham volunteered to help with the swap.
VI, ADJOURN: 9:00 PM
Respectfully submitted,
Nancy Slocum, Accounting Clerk I
I
C:\I>OCUMB-l~e...ersod\I..1XAl.S~I\Temp\04 1609 TC Minutes.doc
Page3of3
CITY OF
ASHLAND
April 17, 2008
Honorable Mayor & Council
The Bicycle and Pedestrian Commission recently considered concerns expressed by Traffic Safety
Commission Chair Malt Warshawsky with Section 11.52.030.E of the Ashland Municipal Code, which
slates that:
The use of a bicycle in the City shall be subject to all of the provisions or laws of the State and
the laws of the City, including those applicable to the drivers of motor vehicles, except as to the
latter, those provisions that by their very nature have no application: and bicvcles when ridden
on a street or hiehwav shall be ridden at the rieht-hand side of the street or hiehwav and
within five (5) feet of the curb when oossible, and shall DOS,' to the rillht when meetinll
vehicles. " (emphasi.. added)
Warshawsky eXplained that a bicyclist in the middle of the lane, traveling at the speed of traffic, is more
visible, less likely to be "doored", has more room to avoid a collision, is less likely to be cut-off by
inattentive drivers, and is less likely to havc conflicts with cars making right turns, and added that in
much of Ashland the speed is 20-25, which is easily attainable by bicyclists.
Bicycle riders are granted an important right to travel upon Oregon's roads from the "Bicyclist Bill of
Rights" contained in ORS 814.430. This law provides thaI bicyclists have a right to take the entire traffic
lane while maintaining the normal speed of traffic; if they go slower the bicyclist must proceed as close as
practicable to the right side of a two-way road (or on either side of a one way street). However, if some
hazard exists, the bicyclist may take the entire lane until the hazard is passed. This provision of the ORS
grants bicyclists the flexibility to respond to situation-specific road conditions they encounter, such as
narrow road shoulders, roadside debris, or congested areas such as the Downtown where riding near the
road's edge can lead to conflicts with unexpectedly opening car doors.
Members of the Bicycle and Pedestrian Commission unanimously concurred with Traffic Safety
Commissioner Warshawsky that the right to "take the lane" as ensured under the ORS is crucial to the
safety of bicyclists, and we hereby request that the City Council take action to modifY the Ashland
Municipal Code by removing the requirement that bicycles be ridden at the right-hand side of the street
within five feet of the curb, Please bring the Ashland Municipal Code in line with ORS 814.430 and
allow bicyclists the flexibility to "take thc lanc" where necessary for their safety.
Thank you for your consideration ofthis request,
7/)- _//
~uJ!;~ WCYi
Julia Sommer, At"g Chair
Ashland Bicycle & .Pedestrian CoiiiInission
"
Bicycle & Pedestrian Commission
51 W~bum Way Phone: 541.552.2040
Ashland OR 97520 Fax: 541.552.2050
www.ashlarx:l.or.lJS TTY: aoo.735.2900
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