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Home My WebLink About2009-0616 Council Mtg PACKET CITY OF ASHLAND J?;0::;?":::':'~;:I;~:tL?j;::3s ;may'su tten,c()nm:leT\t~4 CounCil otfaTI~Y ltem 5n Itle A' tcit~hbt , 're'itnioYcy~~ ,~l ~->~ ''"'~ - "'" "~l ~ 1't\: "" +:. ... ' .;~ "trio 4';;' _' J " --. ".'if'; . .....l _ ',:"',^,:'.ij;t:;~tH;>.;" 0"',a." :;'/<- . 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',_.1;;: -,~u",,~~~-,-_dL .,", '.. ... ";,..tc/:W!u."",,~, :i;l"~51,'$"..,-"~~iiJg.h?lAbi",Sm:..,,,, _,._""i;,,~.-.:tfI;'\\_.a)i,... J.. ,~-,,-,,,-,-,,~.,-JiS,-f"~,,,,,,,-,;;.~:1IL .__ ..' .,' "",.. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 16, 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 ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. SIudy Session of June 1, 2009 2, Regular Council of June 2, 2009 3. Council Tour of June 5, 2009 4. Council Tour of June 8, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Introduction of Ashland High School Representatives to Guanajuato [5 Minutes] VII. CONSENT AGENDA [5 minutes] 1. Does Council accept the Minutes of Boards, Commissions, and Committees? 2. Does Council approve the appointments and reappointments as recommended by the Board of Directors for Ihe Ashland Community Hospilal? 3, Does Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue? 4. Does Council approve the recommendation of the Public Art Commission on the designs chosen by the Selection Panel to be painted on seven designated utility boxes? 5. Will Council, acting as the local contract review board, consent to enter into a 48-month copier rental agreement for a Ricoh MP C2550 copier? 6. Will Council, acting as Ihe local contract review board, accept a proposal and award of contract for engineering services to Reid Middleton, in an amount not to exceed $195,399.00 for development of AlP Project No. 3-4-002-008 at Ashland Municipal Airport? 7, Does Council want to authorize the City Administrator to execute a new 5-year Energy Conservation Agreement with Bonneville Power Administration? 8. Should Council approve changes to the standard Airport Master Hangar Lease to increase the insurance requirement to one million dollars and to clarify that termination by the City requires cause? 9. Should Council approve a resolulion to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 vlsrr THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 10, Should Council auIhorize signature of an Intergovernmental Agreement with the Counties of Jackson and Klamath 10 provide building inspection services? 11. Does Council wish to confirm the Mayor's appointment of Casey Roland to Ihe Tree , Commission with a term 10 expire April 30, 2012? 12. Does Council approve the proposed contract with the Chamber of Commerce for FY 2009- 2010 in the amount of $275,OOO? 13, Should Council exIend the Ashland Home Net Cable Television Agreement for three months to facilitate negotiation of a new agreement? 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 g:OO p.m., be continued to a subsequent meeting, or be extended 10 9:30 p.m, by a two-thirds vote of council {AMC S2.04.050}) 1, Will Council approve increases to the Miscellaneous Fees & Charges listed below repealingResolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 199-29? [15 Minutes] 2. Does Council want to adopt the City Goals for 2009-201 O? Does Council wish to release the Draft Values Statement and Draft Vision for a two-month public comment period? [30 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 lime limits to enable all people wishing to speak to complete their tesIimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1, Should Counil conduct and approve Second Reading of an ordinance titled, "An Ordinance Levying Taxes for Ihe Period of July 1, 2009 to and Including June 30, 2009, Such Taxes in the Sum of $9,176,778 Upon All the Real and Personal Properly Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon"? [5 Minutes] 2, Does Council approve the Sweatshop Free Procurement Policy as presented? [10 MinuIes] 3, a. Should Council approve First Reading of an ordinance titled, "An Ordinance Ammending AMC Chapter 13 to Establish Standards Forms for Right-of-Way Regulation and Providing for Donation or Loan of Functional Items" and move the ordinance on to Second Reading [15 Minutes] b. Should Council approve First Reading of an ordinanance titled, "An Ordinance Amending the AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading? [30 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Does Council want to expand the Food and Beverage Tax beyond 201 O? Does Council want to place a measure on the November 2009 ballot to extend the Food and Beverage Tax? Does Council want to place a measure on the May 2010 ballot to extend the Food and Beverage Tax? [40 Minutes] 2, Does Council approve the Mayor's appointment of a Croman Advisory Committee (CAC) to advise the Planning Commission wiIh regards to the implementation strategy (Comprehensive Plan and Land Use Code Amendments) for the Croman Mill Redevelopment Plan? [10 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Concerning Code Enforcement, Amending Chapter 1,08 of the Ashland Municipal Code and Repealing AMC 11.48"? [5 Minutes] 2, Should Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Amending AMC 11.52.030.E to be Consistent with the Oregon Vehicle Code"? [10 Minutes] COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT" WWW.ASHLAND.OR.US . 3, Should Council conduct and approve First Reading of an ordinance titled, "An Ordinance Related to Abandoned Vehicles and Repealing Chapter 11,32" and move the ordinance on to second reading? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1, RVMPO 2. Forest Lands Commission XIV. SUMMARY OF MEETING XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35. 104 ADA Title I). COUNCtL MEFrlNGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US CITY COUNCIL STUDY SESSION June 1, 2009 Page 1 oJ2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, June 1,2009 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5 :34 p.rn. Councilor Navickas, Voisin, Chapman, Silbiger and Jackson were present. Councilor Lemhouse was absent. Mayor St~omberg invited Municipal Judge Pam Burkholder Turner to participate in the discussion. 1. Discussion regarding fees and charges for municipal court administration. City Attorney Richard Appieello provided a presentation on municipal court fees and charges, points discussed included: Collection Fees The proposed Resolution based the collection fee on Oregon Revised Statute (ORS) 137.118(3), would not exceed 25% of the monetary obligation imposed or be higher than $250. The current $ 100 collection was too high and the resolution made it consistent with the statute as opposed to a flat fee. Examples of Class violations were provided and it was noted that the municipal court used a flat fee of$145 instead of reducing diversion fees. Fines ORS 153.093 Minimum Fine Statute applies to violations not punishable by a crime and the Municipal Judge could impose the base line amount but only reduce the amount 25%. The calculation for a violation started with the maximum fine, and then the statute calculated the foundation amount in half and added State and County Assessment fees, A reduction in the fine would not change the State or County Assessment amounts. The proposed ordinance would also add a $15 municipal court costs fee and a $5 municipal court security fee to the assessment charges. Currently the municipal court has the discretion to set a penalty and it was not clear if assessment fees went to the State or County, It was explained that an incentive to paying the fine without contesting might include waiving the court costs or court security fees. The Council could have the waiver written into the ordinance or the Municipal Judge could establish an order to waive fees. Establishing minimum fines and classifications would be easier for police officers because it would make writing City ordinance offenses similar to State law offenses. Waivers Concern was raised that waivers described under 4.35.030(C) would rarely occur and that the ordinance would remove the municipal court's ability to make decisions based on individual circumstances. CITY COUNCIL STUDY SESSI0N June I, 2009 Page 2 of 2 It was explained that waiving Unitary Assessments would require meeting specific criteria with no fine imposed and would apply to all violations. Court Administration Fees The Municipal Court Administration Fees Table indicated that the majority of the fees were options the Council could approve or reject. The table also indicated fees that were not subject to Council approval and existing fees. Errors were noted on items #27 and #28 and would be corrected for the regular meeting of June 2, 2009, Proposed System Current fines have a $500 maximum with the Municipal Judge deciding what is appropriate to charge. Using the State system and creating four classes of violations, each with its own penalty, provided the advantage of paying the fine without going to municipal court, The Municipal Judge retained the authority, to request offenders appearing in municipal court, to charge a higher fine or reduce a ticket up to 25%, The violation offenses were A, B, C, or D and consistent with the ORS. Municipal Judge Turner explained the importance on hearing what people had to say and that the primary purpose of the municipal court was education, rehabilitation and punishment. She explained $250 was the amount typically written on tickets, the exception being Meals Tax Violations and that overall the process worked fine. Comment was made that other Cities added language indicating the municipal court could waive court costs in justifiable cases, . Final Comments Municipal Judge Turner offered final comments that the ordinances would affect the municipal court administration, the administration of justice and the integrity of the judicial process and was concerned the Study Session and Public Hearing on 6/2/09 did not provide adequate informed decisions concerning major changes to the Ashland Municipal Court. She would provide the Council with statistics on the number of cases and violations the municipal court has received. , Meeting was adjourned at 7:21 p.m, Respectfully submitted, Dana Smith Assistant to the City Recorder . ASHLAND CITY COUNCIL MEETING June 2, 2009 Page I of7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 2, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p,m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg commented that the National Guard Troops deployed from Southem Oregon were currently training in Georgia. He went on to note vacancies on the Planning Commission, Public Arts Commission, Transportation Commission, Forest Lands Commission and Tree Commission, SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session meeting of May 18,2009, Executive Session meeting of May 19, 2009 and Regular Council meeting of May 19, 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? Division Chief - Fire Marshal Margueritte Hickman introduced Tony Kerwin, the Chair of the Ashland Forest Lands Commission and Marty Main, Ashland City Consulting Forester. Mr. Main provided a brief history of the City's involvement in the project. Mr, Kerwin added the main objectives for the project are to preserve water quality, quantity, maintain and promote eco-system health, natural eco system processes and long-term self-sustaining functions. Mr. Main explained the circumstances that led to the formation of the Ashland Forest Lands Commission. The Council requested they remained informed on the implementation plan, timber volume expected, haul routes and helicopter pads used for the restoration project. Riparian widths were clarified as being measured on each side and depended on surrounding vegetation, It was decided that future tours to forestlands would be emailed to the Council in addition to the regular public noticing. 2, Does the Council have comments on the SOU and Mountain Meadows committee on transportation presentation? Arlene Rogers, a resident of Mountain Meadows provided history on how the Southern Oregon University (SOU) and Mountain Meadows Committee formed based on mutual issues, one regarding transportation. Danielle Mancuso, the SOU Interim Coordinator at the Commuter Resource Center eXplained the constituency represented 6,300 people and they were there to find a transportation system that would meet the needs of both populations. The committee conducted a survey for one week and received a 40% response from Mountain Meadows residents and an 8% response from SOU students, Mountain Meadows residents required more accessibility to public transportation. The SOU community required transportation to the Higher Education Center in Medford for evening classes, to participate in Ashland nightlife, weekend travel and accessibility to the greater Rogue Valley. Projected frequency, daily usage and preferred destination information was provided. ASHLAND CITY COUNCIL MEETING JUlie 2, 2009 Page 20f7 The Council asked for the percentage of Mountain Meadows residents with vehicles of their own. Mayor Stromberg's Proclamation ofJune 1-14 as Mayors United Helping Feed Our Communities and June 14 as Flag Day were read aloud. CONSENT AGENDA 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? Consent Agenda item #7 was postponed to a future agenda, Councilor Silbiger requested that Consent Agenda item #2 be pulled for discussion. Councilor JacksonlSilbiger mls to approve Consent agenda items #1 and #3 through #6. Voice Vote: all AYES. Motion passed. Public Works Director Mike Faught presented a brief explanation of the Facilities Master Plan Committee Report. The report is a planning document identifying the need and options in terms of meeting growth and staffing. There was likely to be changes as it moved forward and adopting it would not constrain current or future City Councils. In addition, it would place the City in a better position for future grants. Councilor .JacksonlNavickas mls to adopt Facilities Master Plan to reflect the work done documenting existing conditions, it contains a long-term needs assessment, has a discussion of a variety of options and reflects initial Council decision regarding Fire Station 2 and the Police Station, Councilor Jackson withdrew the motion with Councilor Navickas' consent. Councilor JacksonlNavickas mls to adopt the Facilities Master Plan as a report on existing conditions, containing a long-term needs assessment with a discussion of a variety of options. Roll Call Vote: Councilor Navickas, Jackson, Silbiger, Chapman, Voisin and Lemhouse, YES, Motion passed. Councilor JacksonlNavickas mls that Council state our top priorities for funding out of the Facilities Master Plan are Fire Station 2 and an expansion of the Police Station; Roll Call Vote: Councilor Navickas, Jackson, Silbiger, Chapman, Voisin and Lemhouse, YES. Motion passed. PUBLIC HEARINGS 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 ASHLAND CITY COUNCIL MEETING JUlie 2, 2009 Page 3 of7 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 Administrative Services Director Lee Tuneberg presented the staff report, He noted the City received an $18,600 federal grant for the Forest Interface Fund not reflected in the budget Staff was proposing the Council increase the budget $18,600 for a total of$82,638,562 and approve a resolution setting appropriations at $67,075,635. The adjustment for the grant did not change the ending fund balance in the Water fund only increased the total budget and amount of appropriations. Public Hearing Open: 8:09 p.m, Public Hearing Closed: 8:09 p.m. Councilor JacksonlNavickas mls to approve Resolution #2009-15. Roll Call Vote: Councilor Voisin, Lemhouse, Navickas, Jackson and Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor Silbiger/Lemhouse m1s to approve Resolution #2009-17. Roll Call Vote: Councilor Chapman, Silbiger, Navickas, Voisin, Lemhouse and Jackson, YES. Motion passed. Councilor SilbigerNoisin m1s to approve Resolution #2009-16, Roll Call Vote: Councilor Lemhouse, Jackson, Silbiger, Chapman, Voisin and Navickas, YES. Motion passed. City Attorney Richard Appicello read the ordinance title in fulL Councilor Navickas/Silbiger mls to approve first reading of the ordinance levying the taxes for the period of July I, 2009 to and including June 30, 2010 and move to second reading. DISCUSSION: Councilor Jackson remarked on how difficult the budget was this year and thanked everyone for his or her participation. Councilor Voisin did not support the ordinance, disagreed with the utility fees and property tax increases and thought the citizenry were over taxed. Councilor Navickas responded the City had made significant cuts that included employees being laid off. He commented on the need to review the overall tax structure and take the burden off the ratepayers. Unfortunately, it was increasing property taxes. Councilor Chapman did not support the budget and felt strongly it was not necessary to increase the tax burden on residents, The budget contained a transfer into a new reserve fund and placing funds in an unidentified reserve fund was unwarranted, and subsequently he could not support the budget Councilor Voisin stated the reserve fund was .025% of the total budget and should be used to fund the Fire Fighter positions, the Community Emergency Response Team (CERT) and the Police Receptionist instead of using property tax monies. Councilor Lemhouse noted the budget was $14million less than the previous year and the City had done what it could to reduce spending. He did not want to risk losing CERT Ashland was in a unique situation that made the community more susceptible to emergencies, having CERT would help the community respond and survive potential wild fire and flooding. lt was equally important to fund the Fire Fighter positions for the same reason, Councilor Silbiger commented this was the most difficult budget he had worked on and the City had brought forward a manageable budget The rates raised on utilities were necessary to run services properly and the solution to retaining the Fire Fighter and other important positions was raising property taxes. It was important . to remember real people's jobs were lost and saved. Roll Call Vote: Councilor Lemhouse, Jackson, Navicka.s and Silbiger, YES; Councilor Voisin and Chapman, NO. Motion passed 4-2. Mayor Stromberg announced it was Interim Fire Chief Larry Langston's last day and appreciation for his services to the City was voiced. ASHLAND CITY COUNCIL MEETING JUlie 2, 2009 Page 4 of7 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"? Mayor Stromberg requested postponing this item due to the complexity of the matter. He suggested the Municipal Judge and City Attorney discuss the minimum fee issue, various other components of the proposed ordinance and fee Resolution. He requested that the City Attorney work with city departments and Municipal Judge to develop a bail schedule that mayor may not tie to the way the State categorizes offenses for municipal code violations and then bring it back to the Council for action. 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? Housing Program Specialist Linda Reid presented the staff report that included guidelines for Community Development Block Grant-Recovery Act (CDBG-R) funds and goal objectives. Three projects eligible to receive funds were: 1. Conservation Program: A weatherization and energy efficiency prolo'Tam that would utilize $50,060 in CDBG-R funds to help replace inefficient heat systems in rental and ownership units that also receive weatherization measures through the City's conservation program, 2. Iowa Street Americans with Disabilities Act (ADA) Accessibility Requirements: The Public Works department would utilize approximately $16,500 in CDBG-R funds to replace I I wheelchair ramps along five blocks ofIowa Street to meet ADA requirements. 3. Parks Department - Garfield Park Improvements: The Parks Department had three proposed projects for Garfield Park: Project I: Resurface the basketball pad using $20,000 in CDBG-R funds. Project 2: Resurface the skateboard area with cement using $10,000 in CDBG-R funds. Project 3: Replace the plaYIo'Tound at the park using approximately $35,000 in CDBG-R funds. In addition, the Housing Commission met on May 28, 2009, reviewed the CDBG-R proposal and recommended Pathway Enterprises, Inc. (PEl) apply for the CDBG-R funds. Public Hearing Open: 8:50 p.m. Public Hearing Closed: 8:50 p.m. Councilor Voisin motion to award $50,060 to the Conservation Division for the Affordable Housing Weatherization and Energy Efficiency Project, Motion died due to lack of second. Councilor Lemhouse/Navickas mls the City award 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. DISCUSSION: Councilor Lemhouse asked City Attorney Richard Appicello if the City would be liable for passing on an opportunity to improve wheel chair ramps, Mr. Appicello responded a plan was in place and as long as it was followed, the City was not in jeopardy. Councilor Voisin noted her role as Council Liaison to the Housing Commission and eXplained that generally CDBG funds were used for housing projects and the entire amount should go to weatherization, Councilor Silbiger clarified CDBG grant funds serve a much wider range of projects in addition to housing. The Iowa Street project was timely, met the criteria of the grant and had the majority of monies going toward weatherization; it was a fair allocation of resources, Councilor Navickas agreed it was a good opportunity and ASHLAND CITY COUNCIL MEETING June 2, 2009 Page 5 afl met the criteria of the grant Councilor Voisin thought plans were already in place for the wheel chair ramps, This was a rare opportunity where the City could focus on weatherizing. It was explained that replacing the ramps on Iowa Street was an identified project in the City Plan but currently not funded, Roll Call Vote: Councilor Navickas, Silbiger, Chapman, Lemhouse and Jackson, YES; Councilor Voisin, NO, Motion passed 5-1. PUBLIC FORUM John Semple/185 Almeda Drive/Asked the Council for retention ofa swath of blackberry bushes adjoining his property. The Parks Department had sent notification the bushes would be removed as a fire hazard and noxious weed. He explained he has lived in that location for eleven years and has trimmed the bushes along. the property line noting they have not spread past their original location. The bushes provide fresh berries in summer, act as a barrier to traffic in the wetlands, abate blowing dust into his home and yard and small animals and birds live there. Last year they were not removed per his request and hand trimmed back by the Work Release Center through the Parks Department He thought heavy equipment could damage the wetlands and expressed concern that herbicide used on the bushes would drain into the wetlands and Bear Creek He asked the City to let the blackberry swath remain, Parks Director Don Robertson explained the Fire Department had notified the Parks Department that the swath was a fire hazard. The Parks Department reduced a significant amount of the bushes the ycar before with the understanding if the Fire Department requested removal the Parks Department would comply. Mr. Robertson eXplained the process used for removing the bushes and that spot removal with herbicide would occur eventually. He confirmed the location of the swath was less than 20-30 feet from the wetlands. Councilor Chapman asked ifit were possible to have the Parks Commission plant another screen in place of the blackberries. Me. Robertson responded the property did not have irrigation and would be labor intensive for the Parks Department City Attorney Richard Appicello discussed the Nuisance Ordinance 9,04 Weed Abatement, the 9,08 General Nuisance Abatement and how the Parks Department was following a process with a deadline, City Administrator Martha Bennett suggested staff look at the options available but comply with the Fire Department's request if needed. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should 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 10,104.010" and move the ordinance on to second reading? Item postponed. 2. Should 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? City Attorney Richard Appicello read the title in fulL City Administrator Martha Sennett explained the ordinance was necessary because the Code Compliance Specialist had been laid off and currently only Police Officers could issue code enforcement citations. The ordinance would give the City the ability to designate ASHLAND CITY COUNCIL MEETING June 2, 2009 Page 60f7 staff in various departments to conduct code compliance, Councilor SilbigerNoisin mls to approve first reading of the ordinance and place on agenda for second reading. DISCUSSION: Mayor Stromberg and Me. Appicello provided further clarification that the . ordinance would allow designated non-police staff to have the enforcement capabilities previously held by the Code Compliance Specialist and would clarify citation authority. Roll Call Vote: Councilor Lemhouse, Chapman, Silbiger,Jackson, Navickas and Voisin, YES. Motion passed, 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? City Attomcy Richard Appicello read the alternative ordinance title: "An Ordinance Amending AMC 11.52.030 G to be Consistent with the Oregon State Vehicle Code," in fulL Community Development Director Bill Molnar explained the ordinance required an amendment to Chapter II of the Ashland Municipal Code and added both the now disbanded Bike and Pedestrian Commission and the recently formed Transportation Commissions supported it as welL Community Development Director Bill Molnar explained the ordinance required an amendment to Chapter 1 I of the Ashland Municipal Code and added the disbanded Bicycle and Pedestrian Commission had supported the ordinance as well as the recently formed Transportation Commission, Matt Warshansky/821 Indian Street/Discussed the liability issue, shared a personal experience, and provided examples, The ordinance did not allow cyclists to block traffic; the cyclist would need a reason to be in the lane, Councilor Chapman/Lemhouse mls to approve first reading of ordinance and place on agenda for second reading. Roll Call Vote: Councilor Voisin, Jackson, Lemhouse, Navickas, Silbiger and Chapman, YES, Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Planning Commission Councilor Navickas eXplained the Walking Distance Table created by Southern Oregon University depicting walking paths and requested the table go on the City website and possibly posted at bus stops. He also reported on changes staff made for the Croman Mill site that would allow residential in a buffer area long Hamilton Creek and redistributed office and industrial so light industry would have access to the railroad line. Councilor Jackson was supportive of the changes but had concerns regarding mixed use of the site and did not want a decrease in the potential job density, 2. Southern Oregon Regional Economic Development, Inc, (SOREDI) Councilor Voisin reported on the SOREDI membership drive to increase membership from 100 to 250. SOREDI issued a questionnaire asking cities what municipality in the Rogue Valley they would want to establish their business in and provided a sample of questions. There was one business interested in coming to Ashland that required 40,000 square feet and would bring 50 jobs to the area. SOREDI was also sending out a nationwide news release promoting Brammo Motorsports, 3. Jackson County Public Safety Coordinating Council (JCPSCC) Mayor Stromberg recently joined the JCPSCC and eXplained it was a countywide body of the public safety coordinating council and he would be representing all elected officials in the County, He noted an update on the 9/11 Center and how the County was going to enact a truancy ordinance to compliment the States laws on truancy to encourage kids to stay in schooL ASHLAND CITY COUNCIL MEETING June 2, 2009 Page 70f7 SUMMARY OF MEETING Mayor Stromberg eXplained having a summary of the meeting was helpful because it allowed the public to have a better understanding of what occurred and provided closure for the CounciL Councilor Lemhouse mentioned an ad hoc meeting he and Councilor Navickas attended with the Ashland Daily Tidings and congratulated Eric on winning the dart competition, Councilor Jackson asked the Council's interest in pursuing a County gas tax eXplaining the State Transportation Package will impose a moratorium on local taxes and if the Council was interested in finding out whether Jackson County would act on it prior to the moratorium going into effect. The Council was hesitant to pursue a gas tax when other factions like the Rogue Valley Council of Government (RVCOG) had not shown enough interest to generate momentum and questioned in general the appropriateness of adding an item that required a decision at the end of the agenda. However, it might be worthwhile investigating because a gas tax would remove the Street Fee from current bills, Councilor Jackson/Chapman mls that Council work with staff to write a letter to send to the County regarding the regional gas tax. DISCUSSION: Councilor Silbiger thought the letter was a waste of staff time because the State was implementing a gas tax. Councilor Navickas procedurally was not comfortable bringing items to the Council agenda at the end of the meeting and making decisions but supported the gas tax in concept and was willing to ask staff to write a letter, Councilor Lemhouse was not prepared for the discussion and did not have enough information to direct staffto wrltea letter, Councilor Voisin agreed with what the other Councilors had stated and did not support the motion. Councilor Jackson withdrew the motion with Councilor Chapman's consent but wanted to reserve the right to bring up items of interest to the Council for query. City Administrator Martha Bennett provided a brief summary of the meeting, ADJOURNMENT Meeting was adjourned at 9:50 p,m, Barbara Christensen, City Recorder John Stromberg, Mayor CITY COUNCIL SPECIAL TOUR June 5, 2009 Page I of I MINUTES FOR CITY COUNCIL SPECIAL TOUR Friday, June 5, 2009 Imperatrice Property Tour began at 10:05 a.m. Mayor Stromberg, Councilor Jackson, Voisin, Chapman, and Silbiger were present. Councilor Navickas and Lemhouse were absent. Staff Present included; Mike Faught, Mike MoDison, Jim Olson, Scott Fluery, Martha Bennett, Diana Shiplet. Members of the public included; Ron Roth, Huelz, and Dominic DiPaolo. The group toured the Imperatrice Property site, where shown the boundaries, some of the easements including; gas; electric, Till and spring water sources. Dominic DiPaolo, of the Southern Oregon Land Conservancy, gave an overview of some of the native and non-native natural resources on the property. Councilor Chapman gave an overview of the trail possibilities, including the possibility of connecting a trail through the property to Grizzly Peak. The group then traveled to the western boundary of the property to see the location of current radio towers needing to be protected as they are a backup to City of Ashland emergency dispatch, The group then traveled to the northern border of the property to gain perspective on the overall size of the property and see the different natural resources. Tour ended at 12:20 p.m. Respectfully submitted, Diana Shiplet Executive Secretary CITY COUNCIL SPECIAL TOUR June 8, 2009 Page I of I MINUTES FOR CITY COUNCIL SPECIAL TOUR . Friday, June 8, 2009 Downtown Right of Way Issues Tour began at 10:00 a,m, Mayor Stromberg, Councilor Jackson, Voisin, Chapman, Lemhouse and Silbiger were present. Councilor Navickas was absent. Staff Present' included; Mike Faught, Adam Hanks, Bill Molnar, Jason Wegner, Pieter Smeenk, and Martha Bennett The group toured the Downtown and reviewed the areas of concern (see below for full list of locations). Group discussed the Downtown Taskforce's recommendations for alleviating some of the concerns, Tour Locations: 1. Lithia Park Sidewalk along Winburn Way, 6 feet 2. City Hal - East Main St. Frontage, 7-9 feet 3, Ashland Bistro Cafe - Table to Trash Can, 5 feet 4, Macaroni's - Bike Rack to Building, 6 feet (with bike) . 5. OSF - Traffic Signal Pole to Building, 8 feet 6. Ashland Springs Hotel - Planter to Building, 7 feet 7. All other locations along frontage, 8 to 9 feet 8. Areas of bump outs increase 10 to 12 feet but reduce on-street parking 9. Lithia Way between First and Pioneer (south side) 10. Old Opera House - Pioneer side, Tree (no grate) to raised platform, 4 feet II. Wells Fargo - Retaining Wall to Trash, 8 feet 12, Standing Stone - Bench to Building, 7 feet 13, Nimbus - Tree to Planter, 6 feet 14, Louie's - Light to Pub Racks, 6 feet 15, Gold & Gems - Trash to Building, 5.5 feet 16. Websters - Tree to Building, 7 feet 17. Gateway Real Estate - Sidewalk along Winburn, 6 feet Tour ended at 11 :40 a,m, Respectfully submitted, Martha Bennett City Administrator ASHLAND AIRPORT COMMISSION May 5, 2009 MINUTES MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, ALAN DEBOER, LARRY GRAVES, RUSS SILBIGER, TREG SCOTT STAFF: SCOTT FEURY, MIKE FAUGHT, MEGAN THORTON MEMBERS ABSENT: Visitors: Allan Sandler, Alan Bender, Dave Risdale, Kirby Mills 1. CALL TO ORDER: 9:33 AM 2. APPROVAL OF MINUTES: April 14th, Motion by Hendrickson for approval. second by Wolske, unanimous vote, minutes approved as written. 3. Additional Items: Website Comments (Zeve), CAP Hangar (Mills) 4. Public Forum: Allan Sandler speaks before Commission and gives background information regarding his hangar, He presents offer before City and Commission regarding a 5 year prepaid term lease for his hangar. Sandler would like two. Fiver year lease options with the first being prepaid for five years and the second being prepaid with one year installments with an increase via CPI-U for each additional year after the first five year term. Sandler also asks to post-pone bring the rate policy before the City Council until the July do to the fact that Sandler will be out of town and not able to attend. Sandler also states that after the Commission recommends a rate policy and the City Council approves a final rate that if the rate is to high and he wishes to move then he will pay back rent on his lease for the time he stays at Ashland before moving to a new location. Sandler mentions that a commons accepted practice for valuation is to hire two appraisers and then average the value of both for an accepted rental value, Staff states that the cost of an appraisal at this point in time is not in the budget and would like to resolve the pricing policy in house with the use of comparable airport pricing, Sandler also asks staff about specific use of his hangar with regards to office space and current staff using the hangar, Staff to research and discuss with Sandler at appropriate time, Sandler asks about his first right of refusal and how it applies to the rate policy if it is set to high and he refuses the rental rate and then City is then unable to rent the hangar and must lower the price. does his right of first refusal still apply to then new established rent? Staff to research with legal Mills states there has been no movement regarding CAP hangar after his email was sent to CAP Wing Commander. Mills to follow up with CAP and inform Commission of status at next meeting, 5. OLD BUSINESS: A. AlP Project: Fleury asks for a Commission member to assist in grading the RFP's for the new Airport Improvement Project. Graves had originally volunteered by has a time conflict with proposal bid opening date. Scott volunteers to grade RFP's and C:IDOCUME-1\shipletdILOCALS-1ITempIMay 52009.doc 1 Zeve approves of Scott as a grader. Fleury to furnish Scott with all necessary materials to grade RFP's once they are opened May 18th 6. NEW BUSINESS: A, Pricing Policy: Fleury goes through the power point presentation of airport comparables, appraisal analysis and amenity additions. Presentation showed developed hangar rates at Bend, Medford, Roseburg. Grants Pass, Redding (both airports), Fleury states that Bend is a very comparable airport by size. amenities and location and that Medford can be seen as our direct competition for tenants. Fleury goes over break down of amenity analysis as created with the help of various appraisers' information. Fleury also states that a primary goal of the Airport Commission is to maintain a rate. charge, and fee schedule that will guide the Airport toward the goal of financial self-sufficiency. Fleury and Faught also discuss the current state of the Airport budget and in plain and simple terms there is a projected revenue shortfall of approximately 7 thousand dollars by 2014. Commission begins discussion of rate schedule presented for review by City. Zeve states that it is important to maximize revenue while being fair and equitable to all tenants of the Airport. DeBoer states that setting the rate to high is the same as setting it to low when it comes to being fair and equitable. Sandler states that the current rate the FBO pays should be the equivalent rate of the reversionary hangars as it is an establishea rate, Scott states that we can not set a rate policy for all hangars based on a commercial FBO operational rate. Sandler asks about becoming an FBO and it is a plausible scenario as long as Sandler were to provide the minimum amount of services required by the FAA to become an FBO, Skinner states that it is ok to have multiple FBO's at the Airport as long as they all have a level playing field, Sandler also discuss the appraisal option and estimates that an appraisal would cost around 2000,00. The City and Commission re-iterate the financial state of the City and Airport currently and would like to set rate without spending money on an appraisal. Scott states that we can not get an appraisal each time a hangar reverts to City ownership, Wolske states that Commission should determine fair market value rate for hangar facilities without taking into account the existing Airport budget, Scott mentions that in regular leasing arena that lessor receives a discount for a larger type facility and thinks this should be a point of discussion, He also states that it is not practical to set the rate for larger hangars based on the rate of T-hangars, Wolske would like the rate policy to be in a zone that is close to market value without being to over or under priced, Hendrickson states that even if he may pay a little more he will not leave Ashland until he can no longer afford'the plane and hangar and that is a choice many current pilots in Ashland believe in, Meeting running over time and Commission would like to have an additional meeting in two weeks to discuss rate policy further. This will give Commission time to ruminate over discussion and help to make a motion for rate policy recommendation to the City Council at a later date, Commission will discuss further the rate policy, amenity definitions, size price break point at supplemental meeting May 19th at 9:30 am in Siskiyou Room, B, Insurance requirements letter: Discuss at next meeting C, Brim Aviation: Discuss at next meeting D, Airport Commission Ordinance: Discuss at next meeting 7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report. Review of Safety Reports: No update do to time constraints. Will discuss at June 2nd meeting. C:IDOCUME-1Ishipletd\LOCALS-1ITempIMay 5 2009.doc 2 B, Maintenance Updates - No update do to time constraints. Will discuss at June 2nd meeting. . 8. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM, 9. NEXT MEETING DATE: July 7, 9:30 AM ADJOURN: Meeting adjourned at 12:05 C,\DOCUME-1\shipletd\LOCALS-1\Temp\May 52009.doc 3 ASHLAND AIRPORT COMMISSION May 19,2009 MINUTES MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, ALAN DEBOER, RUSS SILBIGER, TREG SCOTT, ALAN BENDER. STAFF: SCOTT FEURY MEMBERS ABSENT: LARRY GRAVES Visitors: Allan Sandler, Dave Risdale, Kirby Mills, Mr, and Mrs. Ross, Milton Bloombaum 1. CALL TO ORDER: 9:30 AM 2. NEW BUSINESS: A. Rate Policy: Zeve begins discussion with comment regarding the importance of developing the rate policy and methodology. Skinner wants to clarify the rate policy Commission is discussing is for new City owned hangars or all hangars. Commission clarifies that rate policy is for new City owned hangars, Skillman states that he would like to see electric/hydro electric hangar doors added to the list of amenities. Wolske liked the three method analysis as shown before by staff because it does not limit calculations'to one formula it takes a majority of formulas and analysis into account. Discussion centers on a proposal of ,005 for heat/light, .005 for insulation. ,03 for a bathroom and ,01 for office space netting a total with the shell rent for all improvements of ,30 sq-ft/months. Skillman states that as far as the FAA is concerned the office space needs to be used for aviation related uses only. Scott mentions having a volume size factor and a condition factor associated with the rates, Someone with a hangar keeper size hangar should receive a volume discount like entities in the public sector, Discussion revolves around the amenity definitions. Commission likes the idea of only charging for heat, office space and a bathroom, They feel that if you have an improved heat system you would have insulation to make it cost effective and also improved lighting or ability to install improved lighting because of increased electrical capacity required to run heat system. Commission discusses specifics about office space. Office space within the City of Ashland can rent up to 1,00 sq-ft, Commission discusses using .50 sq-ft because of the limiting factor of Aviation business at the Airport. The .50 sq-ft/month would only be applied to the actual square footage of office space within the hangar, Skinner states that using the .50 for office space calculates out to the similar price schedule as discussed at last months meeting for total rent as compared with the new amenities of bathroom and heat. Discussion goes back to volume discount and condition factor, Commission mentions that 2400 sq-ft and over could possibly be the factor for rate reduction due to a volume discount. A hangar over 2400 sq-ft could be considered hangar keeper size. As far as the condition factor, it is stated in the lease documents that hangars shall be kept in good condition by tenants and the City of Ashland should receive the hangar back at the end of the term in the same condition it initially rented it. Commission would like to discuss condition factor at later date. Discussion revolves around improved hangar doors and if they should C:IDOCUME-1IshipletdlLOCALS-1ITempIMay 192009 Supplemental.doc 1 be added as an amenity. Scott and Skillman believe and improved hangar door is an amenity and would pay more for an improved door. Questions revolve around who would maintain the improved hangar door. Electric hangar doors require a greater replacement cost that the City would bear if they failed while day to day operations and maintenance would be the responsibility of the tenants, DeBoer states that he would rather due the maintenance on an improved hangar door over the City because of the tumaround to get it repaired and it is not in the City's expertise to fix hangar doors, Zeve also states that he does not want to see added maintenance responsibilities for the City regarding hangar doors. Scott states that an improved hangar door is still an amenity even if it requires more maintenance by the City or private tenant. DeBoer motions to bring reversionary hangars online at a ,25 sq-ft/month "shell" rent and then add the amenities as required, ,01 sq-ft/months for heat, ,03 sq-ft/months for bathroom and ,25 sq-ft/months for office space within hangar. The ,25 sq-ft/month for office space would equate to the .50 sq-ft/month rate just for office space discussed earlier. The motion is 2nd by Hendrickson, Vote: Silbiger abstains, Scott opposed, and vote passes, Fleury to add data into pricing sheet and forward to Commission for review, Pricing Policy data to go before the City Council at the July 171h meeting for final approval, Fleury asks Commission if they would like to see the rate information he previously presented each spring to make a new rate determination and the Commission agrees that it would be beneficial to look over this updated information each spring when assessing new rates to forward to the City Council for approval. 3. NEXT MEETING DATE:' June 2,9:30 AM ADJOURN: Meeting adjourned at 11 :21 C,IDOCUME-1\ShipletdILOCALS-1\TempIMay 19 2009 Supplemental.doc 2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES April 9, 2009 CALL TO ORDER -Chair John Rinaldi called the Ashland Tree Commission meeting to order at 6:00 p.m. on April 9, 2009 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR, Commissioners Present Council Liaison Laurie Sager Kate Jackson John Rinaldi Jr. Zane Jones Staff Present Bobby Townsend Amy Anderson, Assistant Planner Anne Rich, Parks Denartment APPROVAL OF MINUTES March 5, 2009 Tree Commission Minutes - Sagerrrownsend mls ro approve the minutes of February March 5, 2009 with the modification. Voice vote: all A YES, Motion passed. The minutes were approved with modification. WELCOME GUESTS Ted Loftus - Loftus Landscaping: 295 Beach Street, Ashland, OR 97520. Not part of the problem but part of the solution and has a great appreciation for commissioners. Walnuts in Eugene and every fall everyone would gather the street tree walI).uts but even though they are messy some of the rules and regulations need to be more malleable and that the City should allow fruit and nut trees. Client with a retrofit needs to put in one street tree and based on the irrigation requirements it's a $500 - $800 cost. Supports tree requirement, client supports tree but when small number of tree required all of the other parts of the irrigation system create an issue. All of the brass, the plastic, the metal and the costs going into the ground seem to defeat the purpose of the tree instalL Possibly require that the property owner hand water erc. we need to think more globally. Commissioner Rinaldi presented Commissioner Sager with a thank you gift of coffee cash to assist with her commutes. The gift was from the Tree Commission thanking her for her many years of service. TYPE r REVIEW PLANNING ACTION: 2009-00266 SUBJECT PROPERTY: 1725 - 1747 Siskiyou Boulevard APPLICANT: Susan Dallas for Rose Court Condominiums DESCRIPTION: A request for a Tree Removal Permit to remove seven trees, six maple trees in front of the units and one walnut tree located near the driveway for the propel1Y located at 1745 Siskiyou Boulevard. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I; ASSESSOR'S MAP #: 39 IE 15 AD; TAX LOTS #: 80000 Site Visits by all / no exparte Annlicant: Susan Dallas lives at Rose Court condominium complex and when the property was built out, small trees were installed. They have grown large and are cracking the foundations. The walnut tree along the driveway creates a lot of fruit drop which is messy and it has a lean. Tree Commission Discussion: Commissioner Jones asked why the trees along the rear property line are proposed for removal. Ms. Dallas said that the home owners association no longer wanted to remove those trees and they are just requesting the trees along the front of the units and the walnut tree. Ms. Dallas wondered what to do about the roots above the ground level and what they could do to remedy the situation. Can they cut the roots? Conunissioner Sager explained how cutting the roots will create a dangerous situation and possibly kill the tree. Anne Rich stated that the trees in the back are Liquidambar and that is why they have exposing roots. Commissioner Sager stated that the trees along the units are very bad and they absolutely must be removed. Conunissioner Townsend stated that the best way to plant anything would be to building in a box. A small ornamental would be the only appropriate tree (crepe myrtle, lilac, or other shrub tree). Stump grinding would be the only way to remove stumps and roots and that a mitigation tree should be planted in place of the Walnut. Commissioner Jones said he was pretty determined to convince them not cut down the walnut tree because it's established and though it leans its not significant and the tree isn't going to collapse. RECOMMENDATION: That the trees along the rear property line shall not be removed as per the applicant's statement that they no longer want to remove them. That a tree removal verification permit shall be applied for in accordance with Ashland Municipal Code 18.61 prior to the removal of any of the trees on site. The tree conunission reconunends that the walnut tree not be removed, if upon the removal of the walnut tree, it shall be mirigated for on-site in accordance with Ashland Municipal Code 18.61. A mitigation plan shall be submitted for prior to the removal of the walnut tree. PLANNING ACTION: 2009-00269 SUBJECT PROPERTY: 440 Helman Streer APPLICANT: Richard Vezie DESCRIPTION: A Boundary Line Adjustment, a request for a Physical and Euvironmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lor line on a lor thar does not have adequate buildable area outside the floodplain corridor for the property located ar 440 Helman Street COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-I-.5; ASSESSOR'S MAP #: 39 IE 04 CB; TAX LOT #: 6400 & 6500 Applicants: Don Ferguson and Denise Kester 440 Helman. Site Visits by Bobby, Laurie, John; all nored difficult to see properry due ro rhe dense vegetation near the street and the topography ofrhe site. Tree Commission: Conunissioners concerned about the lack of protection proposed for the trees. Construction always has negative impacts and if the property changes hands there is no way to require a protection plan later and that is the reason for requiring it at the time of development application. Conunission also concerned about the proximity to the riparian and suggested the applicant utilize native, riparian plant}ngs in that area. RECOMMENDATION: That a tree protection and preservation plan in accordance with 18.61.200 shall be submitted prior to the signarure of the final survey plat. The approved tree protection and preservation plan shall be implemented on site and shall be inspected prior to any site work occurring on the site. That the trees existing along the front of the properry shall be included in the count for the total number of trees along the fronI of the property. That if a sidewalk is required along the front of the property line the existing trees shall be protected and preserved. . That the trees on site shall be watered and maintained throughout the duration of the construction. PLANNING ACTIONS: 2009-00272 & 2009-00273 SUBJECT PROPERTIES: 1070 Benson Way & 1080 Benson Way APPLICANT: Steve Dierks DESCRIPTION: A request for Site Review approval and an Exception to Street Standards for the construction of two new 7,500 square-foot commercial buildings for the properries located at 1070 Benson Way and 1080 Benson Way. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-I; ASSESSOR'S MAP#: 39 IE 14D; TAX LOTS #: 203 & 204 RECOMMENDATION: That a revised landscaping and irrigation plan shall be submirred and approved prior ro the issuance of a building pennit That one parking lot shade tree shall be shown for every seven parking spaces. 2 That the cottonwood tree at the rear of the property shall be preserved and that a tree protection and preservation plan in accordance with 18.61.200 shall be submitted prior to any site work occurring on site. That all trees within 15 feet of the property line shall be incorporated into the tree protection and preservation plan. That the tree commission highly recorrnnends using a tree other than Leland Cypress as the screening along the rear property lines due to their hazardous nature and flammability. UPCOMMING ITEMS Arbor Week Events: Tree Walk at Southern Oregon University: Anne Rich and Casey from Upper Limb-ir will be guiding the tree walk. Anne has a lisr of 68 trees and plans to idenrify 15 but will have maps for those that attend. The group is set to meet by the Himalayan Palm in front of the Stevenson Union on Sarurday the I I'h at 2:00 PM. Earth day: Schedule finalized and irems for booth discussed. State Heritage Tree meeting: Commissioner Townsend going to the May 2 meeting. Would the Ashland Tree Commission be willing to join as members of the State Heritage Tree group? Laurie is not sure if there are any trees in Ashland that have the amount of history needed to be on the State list. The state program should in no way be a substirute for what the Tree Commission does and the Heritage Tree language in chapter 18.61. Commissioner Townsend stated that he would be interested in going to rhe meeting for fact finding and that the Tree Commission will send.or endorse a letter of thanks for allowing the Ashland Tree Commission to be part of the organization. ITEMS FROM COMMISSIONERS Liaison Reports: Commissioner Rinaldi informed the Tree Commission about the Mayor's monthly brown bag lunch: They group had a discussion on how best to promote distinctive trees of Ashland. And that by having ecotourism as part of the City's mission on tourism, trees would fit perfectly into that goal. Kate Jackson: Stared that Council Goal setting was scheduled for Saturday and she stated that one of her goals for the City Council is to have more energy saving / carbon neutral construction requirements. And wondered how that goal would interface with tree requirements, impact solar access ordinance, etc. Back page article - Commissioner Rinaldi drafting a "Tree Ordinance briefing" pertaining to when a tree removal permit is necessary and when its not. Old Business: Tree Conunission would like a response to their memo to the Director of Community Development, Bill Molnar about tree protection plans / excavation permits / etc. Distinctive Tree List: Still in information gathering compiling stages. Could use torwards creating a map to further the ecotourism goal of the Mayor. Recommended Street Tree Guide: Amy working on edits to send to printer. New Items: Earth Day Events / Information Sign up sheet in the April packet Great Oregon Tree Plant - 150 Trees for Oregon's Sesquicentennial Use planting as a 'planting seminar' Steve Siewert would like to assist What parr ofa tree is that" grab box (for Children's Ecoquest) Current Balance - $ 88.32 3 2009 Goals: Education and outreach Classes at North Mountain Nature Center Tree Seminars - sponsored by the Tree Commission Casey already doing seminars and Bonnie Baird teaches all .over - Dan 13ish talking abour doing classes at Plant Oregon. Anywhere would be acceptable North Mountain is a good advertising outlet. Have pr"ofessional set $ of class and then N Mtn. guide would collect $$ from the attendees. Tree Commission would like to work with professionals (landscape architects, arborists) OR the Tree Commission could lend support and could assist with advertising for conference holders -lending name to organization. Tree Commission would need guidelines as to what is supported and what the crireria would be for that would be supported e.g. supporring United Pipe vs. Golf VS. Rain bird. Etc. Teaching, RCC through Parks. Pruning clinics for property owners on how to maintain their street trees Tree Walks More Back page Arricles Code Changes Amend Heritage Tree Language (if joining state group for Heritage Tree - there is a definition) Remove the deed restriction Contact property owners Create map Distinctive Tree List Building Permits and Tree protection - outside of Planning Action Education about cost savings / values; increases in tree preservation Landscape Professional Ordinance (sign offs on irrigation plan and planting plan installations) Arborist Retention throughout the duration of the project Add Arbor Week items - Earrh day, Tree City USA, National Arbor Day Foundation Tree Line USA program- look into the requirements Group meeting with Forest Lands - Chris Chambers Urban Forester position - oversight of all tree activities - have other departments fund Dave Woods position so that he can do the types of tree maintenance that the property owners cannot. Street tree maintenance plan along boulevards - North Main / East Main ADJOURNMENT - Commissioner Rinaldi adjourned the meeting at 8:25 PM, Respectfully submitted by Amy Anderson, Assistant Planner 4 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES May 6, 2009 CALL TO ORDER -Chair John Rinaldi called the Ashland Tree Commission meeting to order at 6:05 p.m. on May 6, 2009 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison John Rinaldi Jr. Kate Jackson Zane Jones!absent) Bobby Townsend Staff Present Russell Neff Amy Anderson, Assistant Planner Anne Rich, Parks Deoartment (absent) APPROVAL OF MINUTES None WELCOME GUESTS The Tree Commission welcomed new ,Commissioner Russell Neff to the commission. Russ explained that he was a retired Landscape Architect and City Planner from Long Beach by way of Washington D,c. TYPE I REVIEW PLANNING ACTIONS: 2009-00407 SUBJECT PROPERTIES: 177 Terrace Street APPLICANT: Madrona Architecture DESCRIPTION: A request for Physical and Environmental Constraints Review Permit approval, including tree removal to construct a single family home and an accessory residential unit on a property located at 177 Terrace Street, and a request for a Conditional Use Permit to construct the accessory residential unit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-t-IO; ASSESSOR'S MAP #: 39 IE 09CB; TAX LOT: 1501 Site Visits Commissioner Townsend / no exparte Annlicant: Joanne Kirpanne, Madrona Architecture was the local Architect of record for the residences Architect from the Bay Area. Greg Covey, Covey Pardee Landscape Architecture. The applicant explained that the proposal is for a primary single family residence with an accessory residential unit up-hill from the primary residence. Covey explained the site layout and the proposed Tree Protection and Preservation Plan. The proposal is to remove 13 of the 33 trees on site. The applicant intends to retain their arborist throughout the duration of the project. The neighbors of the site, Midge and Dick Theiroff spoke about the eighr inch Bradford Pear rhar is wirhin rhe exisring easement and that they would like to see it removed at this time. The applicant concurred. RECOMMENDATION: Thar the eight-inch Bradford Pear shown in the middle ofthe,easemenr shall be included in the Tree Removal Plan and is approved as part of this land use approval. ITEMS FROM COMMISSIONERS Earth day Recap: Special thanks to Steve Siewert for all of his assistance. He is a phenomenal asset. Earthday went very well and Commissioner's Townsend and Rinaldi will fill out the Earth day evaluation and send it to Amy. Liaison Reports: Monthly brown bag lunch: The Mayor spoke abour the underlying goal for the City Council is addressing Sustainability. He also spoke abour the budger issues and implications. Councilor Kate Jackson spoke about the National League of Cities conference on Sustainability that she went to recently in Portland. They did site visits to a large riparian rehab project and spoke about the I-Tree program from the USFS that allows the determination of the 'value' of urban trees. Old Business: Distinctive Tree List: Zane compiled the lists of the past Recommended Street Tree Guide: Amy working on edits to send to printer. New Items: Commissioner Townsend asked about whar happens to yard debris and possibly what will happen with local wood. What will (does) the city do with wood from their tree removal projects. Maybe it could be used in local commerce. Current Balance - $ 88.32 ADJOURNMENT - Commissioner Rinaldi adjourned the meeting at 7:25 PM. Respectfully submiffed by Amy Anderson, Assistant Planner / 2 CITY OF ASHLAND Council Communication Appointment to Ashland Community Healthcare Services Board of Directors Meeting Date: June 16,2009 Primary Staff Contact: Barbara Christensen Department: City Recorder's Office E-Mail: christeb@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: Consent Question: Does the City Council approve the appointments and reappointments as recommended by the Board of Directors for the Ashland Community Hospital? Staff Recommendation: None Background: Ashland Community Healthcare Services Articles of Incorporation Article VIII (B) gives the authority and responsibility to the City of Ashland (Member) to appoint the Corporation's Directors based on the criteria set forth in Articles IX. The Bylaws of Ashland Community Healthcare Services Section 4.4 state that the Board shall consider potential candidates and forward such recommendations to the Member for its consideration when appointing persons to fill vacancies on the Board of Directors. The Council approved the request by Ashland Community Hospital to amend the Articles of Incorporation for the Ashland Community Healthcare Services to permit a full 12 directors plus retain the past Chair of the Board for an additional year on the Board of Directors. Related City Policies: City Charter Article 10, Ordinance adoption Council Options: Approve or disapprove Ashland Community Healthcare Services recommended appointments. Potential Motions: Motion to approve recommended 4-year reappointments with terms beginning July 1,2009 and ending June 30, 2013 of Marie Donovan and Martin Lenk. Attachments: Letter of Recommendation Page I of I r~' ts:1 Ashland Community Hospital June 9, 2009 Ashland City Council clo Barbara Christensen, City Recorder 20 East Main Street . Ashland, OR 97520 Dear Barbara: In accordance with the Bylaws of Ashland Community Healthcare Services, the Board of Directors has approved a recommendation to the City for reappointment of the following individuals to a second four-year term on the Board, effective July 1,2009 through June 20, 2013, . Marie Donovan . Martin Lenk Thank you for your consideration of these reappointments and for your continued support of Ashland Community Hospital, Sincerely, W~ rk E. Marchetti President and Chief Executive Officer Ashland Community Hospital " 2~O:M.Clple Street, Ashlend,Oregon 97520 w'tNI.ashlandhospital.org Tel: 5.11.201.4000' fax: 541.488:7411 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ambulance Operator's License Renewal June 16,2009 Primary Staff Contact: Greg Case 552-2219 Fire & Rescue E-Mail: caseg@ashland.oLus Finance Secondary Contact: Lee Tuneberg Martha Ben Estimated Time: Consent Question: Does the Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue? Staff Recommendation: Staff recommends renewal of the Ambulance Operator's License for Ashland Fire & Rescue. Background: , Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating within the City of Ashland to apply annually for an ambulance operator's license, The fire department has provided emergency services in Ashland since 1885, From 1926 to 1936, the fire department operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller Funeral Home. The fire department obtained its first medical response vehicle (R~~cue 9) through community donations in 1973, and began providing first response emergency medical services to the community, In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile ambulance service area in south Jackson County, known as ASA 111.' Ambulance services in Oregon are regulated by county governments, and within the City of Ashland they are required to obtain an ambulance operator's license, This license is renewed on an annual basis, Related City Policies: AMC Chapter 6.40,110 Council Options: Approve or deny renewal of Ashland Fire & Rescue's ambulance operator's license, Staff Recommendation: Staff recommends approval of the ambulance operator's license renewal for Ashland Fire & Rescue, Potential Motions: Motion to approve or deny Ashland Fire & Rescue's request for an ambulance operator's license renewaL Attachments: Ambulance license renewal application, Page I ~i.' CITY OF ASHLAND APPLICATION FOR AMBULANCE OPERATOR LICENSE AMC Ch. 6. 6.40 2009 Applicant's Name: CITY OF ASHLAND . Trade Name, if any: ASHLAND FIRE & RESCUE Address: 455 Siskiyou Boulevard Ashland OR 97520 Teleohone number: 1541\ 482-2770 Ambulance descriptions Manufacturer Vin# License # 1, 1992 FORD LIFELINE 1 FDKE30M7PHA05945 EXEMPT 2, 1998 FORD . LIFELINE 1 FDXE40F2XHA00469 EXEMPT 3. 1996 FORD LIFELINE 1FDKE30F8THA48282 EXEMPT 4. 2002 FORD LIFELINE 1 FDXF47F63EA10341 EXEMPT 5, 2006 FORD LIFELINE 1 FDXF4 7P06ED06467 EXEMPT 6, 2008 FORD LIFELINE 1FDXF47R48ED90832 EXEMPT o Attach information showing that every proposed driver, attendant and driver- attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as required by the laws of the State of Oregon, o Enclose with the application, the initial license fee of $300 plus $100 per ambulance. o Enclose a performance bond in the amount of $500,000, o Enclose an insurance policy meeting the requirements of AMC S6.40.110,7, Attach additional pages as necessary, Explain any box not checked, Submit your application and required enclosures to Barbara Christensen, City Recorder, City Hall, 20 East Main Street, Ashland, Oregon 97520. . I certify that each ambulance listed above is adequate and safe for the purposes for which it is to be used and that it is equippeCl as required by Ashland Municipal Code Chapter 6,40 and the laws of the State of Oregon, l /7~ . Signature: ~c:::::><-<-- Print name: Greg I. Case Title: Division Chief Date: 05-08-2009 H:\Ambulance liclCily Licensing12009 lic120091ic renewal.doc , April 1 0, 2009 CITY OF ASHLAND Council Communication Public Art Utility Box Beautification Project Reflectiolls of Ashlalld Meeting Date: June 16,2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Be Estimated Time: Consent Question: Does the Council approve the recommendation of the Public Art Commission on the designs chosen by the Selection Panel to be painted on seven designated utility boxes? Staff Recommendation: Staff recommends approval. Background: In February 2009, the council approved Public Art Utility Box Beautification Project, Reflections of Ash/and. Regional artists were invited to submit designs to be painted on seven utility boxes (photos and map attached), This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor awareness of public art in Ashland and incorporating artistic elements into basic functional pieces throughout the city. In addition, the project meets the Selection Guidelines for Works of Public Art and Site Selection as detailed in AMC 2.17, The PAC applied for and received a grant for $1500 from the Jackson County Cultural Coalition, The grant monies will be used to professionally prepare the boxes and apply a vandal proof coating after painting. Each artist will be given a $100 stipend per box, In addition, Miller Paint will donate all materials and paint for the project. The eight person Selection Panel included neighbors of the various utility boxes and the Director of Electric Utilities, Fourteen designs were submitted by ten different artists, The Selection Panel chose seven designs and two additional designs as alternates (images attached), The boxes will be painted over the three day period in mid-July, Ashland High School students seeking community service hours will assist the artists. Related City Policies: AMC 2,17,005 Public Art Master Plan Council Options: Council can: . Approve the recommendation of the Public Art Commission. . Deny the recommendation and provide direction to the Public Art Commission. Page t of2 ~~, CITY OF ASHLAND Potential Motions: I. I move to approve the recommendation of the Public Art Commission on the designs chosen by the Selection Panel for the Public Art Utility Box Beautification Project. 2. I move Attachments: . Images of designs chosen by the selection panel. . Photos and map of designated utility boxes. 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Staff Recommendation: Staff recommends that the public contract - 48 month copier rental agreement - be awarded to Ricoh Americas, Background: The State of Oregon has entered into Price Agreement #8618 with Ricoh Americas for the rental of copier machines. As an active member of the Oregon Cooperative Purchasing Program (ORCPP), the City of Ashland is authorized to "piggyback" on this contract. And, authority to piggyback on this contract, including an exemption from competitive bidding, is granted under AMC 2.50.070(1). This public contract will exceed the twenty-four month contract period; therefore, approval from the Local Contract Review Board is required to enter into this public contract. Related City Policies: AMC 2.50,020 Public Contracting Officer's Authority A Authority to Execute Contracts without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: ii. The contract does not exceed a twenty-four month contract period; AMC 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: (1) Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivaJent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded so long as the price of the materials is the same or lower than that in the original contract. Page I of2 ~~, CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve the contract recommendation or decline to approve the contract recommendation. Potential Motions: The Council, acting as the LocarContract Review Board, moves to award the public contract for the 48-month rental copier to Ricoh Americas in accordance with the terms and conditions set forth in the State of Oregon Price Agreement #8618. Attachments: 1. Proposal submitted by Associated Business Systems in accordance with the State of Oregon, Price Agreement #8618 with Ricoh Americas ' 2, Engineering copier memo Pagc2of2 ~~, I I I I I I I I I I j I I I I I I I I RICOH F_ktlJ ,...... Snviu A I.C" (OM'"'''' Proposed RICOH Color 25 ppm Solution R#cohMP 0550 25 pages per minute B&W and FUll COLOR Fully networtc print capable Including Novell NOPS Networtc llClIn In B&Wor FUll COLOR to folderlBcan to emalUBcan to URUNetwortc TWAIN llClInnlng 5O-eheet Automatic Reversing Document Feeder Automatic, unlimited duplexlng Two (2) 250-eheet paper drawers plus 100-eheet bypa88 tray Two (2) SOO-eheet paper drawers (PB3030) SOO-eheet Btapllng Intama' finisher (Type C2550) stap'es up to 5O-eheet Beta Paper Blzes to 11" x 17" sm. of Oreaon Prlce Aareement 18518 Option 12 4B month rental $109.69 Full Maintenance Covers all toner. parts, labor, and service necessary to keep your equipment in like new condition, Provides a guaranteed service response time not to exceed four hours. and free same day loaners if needed, 81W copies/prints .0075 Color copies/prints .052 Additionel Items 15 amp surge prolectornine filler Delivery, Installation & IT S81 $125 Memo CITY OF ASHLAND Date: From: To: Re: May 27,2009 Nancy Slocum Mike Faught Request for New Engineering Copier Lease The Canon 2200 multifunctional machine is in need of replacement. The Public Works /Engineering Department have leased it for over five years and Ikon will not renew a lease after 72 months, (We have been leasing on a month to month basis for over 3 months,) In addition, technology has changed and government lease prices for machines have dropped significantly over the years, We currently pay $150,08 per month for this B&W copier/printer/scanner plus approximately $40 per month for image charges ($0.013 per image, average monthly usage 3100 images = $40.30) for a total of approximately $190. The image charge pays for machine maintenance and toner. The Canon 2200 runs at 22 pages per minutes and has B& W scanning capability, It has limited paper capacity, Over the last month I solicited three quotes: Xerox, Associated Business Services (ABS) and Ikon, After comparing price, machine features and quality of service, I am recommending purchase of the Ricoh MP C2550 from ABS, The proposed Ricoh leases for 48 months at a cost of $109.69 per month plus $0.0072 per image for B&W and $0.052 per image for color (for our current 3100 average monthly usage, B&W images would be $22,32; for 1000 color images $52,00), For comparison ofB&W images, the Ricoh would be $132 per month versus the $190 we currently for the Canon - a savings of $58 per month, Additionally there would be a one time $81 charge for a 15 amp surge protector/Iine filter and delivery, installation and IT hookup for $125 (also one time), All these costs, including the monthly charges, are set under the State of Oregon government contract agreemef1t. An additional $100 per month (approximate) savings would also be seen as we discontinue, with Bill Molnar's approval, paying 20% of the cost of using the Planning Department's color copier. The proposed Ricoh MP C2550 has many other valuable features besides color copying and price, Both B&W and color run at 25 pages per minute, IT has experience attaching the Ricoh to the network and is very happy with both the ease of installation and the tech support (4 hour guaranteed response time and free loaner copier if needed) received from ABS, This new machine also has increased paper capacity and paper size options, There are also utilities for management ofthe system from a standard Web browser. There are several levels of authentication to let you confirm user identity and control access to color printing, ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 'NIM'I.8shland,or.us Tel: 5411488-5347 Fax: 5411488,6006 ffi:800f735,2900 -.11 ._~ C:\DOGUME-1\shipletd\LOCALS-1\Temp\Attachment 2 Copier MemO.doc CITY OF ASHLAND' Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of an Engineering Services Contract in Excess of $50,000 - Airport Runway Overlay Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: June 16, 2009 PW /Engineering Finance , Martha Benn James Olson 552-2412 olsoni01ashland,or. us Mike Faught Consent Agenda Question: Will Council, acting as the local contract review board, accept a proposal and award of contract for engineering services to Reid Middleton, in an amount not to exceed $ I 95,399.00 for development of AlP Project No. 3-4-002-008 at Ashland Municipal Airport? Staff Recommendation: Staff recommends that council accept the proposal and award a contract for engineering services to Reid Middleton. Background: Proiect Need The Ashland Municipal Airport was developed at its present site in 1970, Over the ensuing years it has been expanded, maintained and reconstructed through grants from the Federal Aviation Agency (FAA) and the Oregon Department of Aviation (ODA). Aviation pavement surfaces (runway, taxiway, taxi lanes, connectors and aprons) are maintained through the Pavement Evaluation and Maintenance Management Program administered by ODA, Over the past several years, runway 12/30 has developed numerous longitudinal and transverse cracks, some of which can be 2 to 3 inches in width, Numerous surface treatments for crack control have been applied including flexible crack seals, pavement inlays and slurry seals, but none have proven to be 100% effective. The most recent studies have indicated that a full pavement overlay is needed at this time, In addition to the runway overlay, it was also recommended that the existing Visual Approach Slope Indicators (V ASI) located at each end of the runway be replaced with current technology, The old V ASI systems are no longer supported by suppliers, are outdated and their function has been replaced with Precision Approach Path Indicators (P API), Under the proposed project, replacement of the V ASl system would be included as the second part of the construction project. Request for Proposals With FAA approval, staff requested proposals for Aviation Engineering Services to develop plans and specifications for the overlay of runway 12/30 and installation ofPAPI's. The RFP was distributed on April 24,2009 and proposals were received on May 18,2009, Four engineering firms responded with formal proposals, An appraisal team consisting of Scott Fleury, Airport Commission Liaison; Karl Johnson, Associate Engineer; and Treg Scott, Airport Commissioner, completed their review and Page I of3 ~j.' CITY OF ASHLAND scoring of the proposals on May 22,2009. Scoring was conducted individually by each team member with the scores totaled to determine the top ranked firm. The result of the scoring is as follows: 'CONSULTANT -';;',' :rOTALSCORE ", RANK "';' Reid Middleton 273 1 Precision Approach 264 2 Waddell Engineering 253 3 URS Corporation 235 4 As required by FAA, the cost of services is not considered within the RFP but must be negotiated with the no, I ranked proposer as identified, If an agreeable fee cannot be reached, negotiations may be commenced with the second ranked consultant. Contract Negotiation Staff has requested and received a cost proposal form Reid Middleton to provide complete design services for the project. Their proposal (attached) was for $ I 95,399, which represents a maximum cost for services. FAA requires that for contracts in excess of $ I 00,000, an independent fee appraisal be conducted. Staff has contracted with Century West Engineering, the firm that completed the most recent Airport Master Plan, to provide this required review, FAA requires that the consultants fee be within 10 percent ofthe independent fee appraisal and it is possible that the fee as proposed by Reid Middleton may be negotiated lower, dependent upon the results of the review. Council is being asked to approve a maximum contract amount with the understanding that the final negotiated contract may be somewhat lower. , FAA Grants FAA has notified the city that a non-primary entitlement grant has been authorized for engineering design services in the amount of $199,371.00: This is a 95 percent grant, however the City's 5 percent match will be provided through a "soft match" of staff time expended on the project. Funds under this grant are available immediately. Economic Stimulus Funds FAA has received additional federal stimulus dollars for airport projects and the City has made application for these funds. If approved, these funds would become available after July 2009, As with most stimulus projects, it is critical that these projects be developed as quickly as possible with a proposed bid letting date established for late August 2009. rfthe City is not awarded funds in the first project funding package, the project will be funded the following year. Construction funds are provided for in an AlP grant, which under the stimulus package is a 100% grant with no match required, It is estimated that the construction costs will be an additional $1,000,000. Related City Policies: Council has authority acting as the Local Contract Review Board to enter into contracts for professional services including engineering services, Page 2 of 3 ~.l' CITY OF ASHLAND Council Options: . Council can accept the proposal submitted by Reid Middleton and auihorize a contract not to exceed $195,399, . Council may reject all proposals submitted for aviation engineering services. Potential Motions: . Move to accept the proposal submitted by Reid Middleton and approve a contract in an amount not to exceed $195,399, . Move to reject all proposals received for engineering services for development of the Ashland Municipal Airport improvement project. Attachments: I. Vicinity maps 2, Contract 3. Fee proposal and scope of services 4, Notice of grant award 5. 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I , I I II ,7i}- 'i,,' ',-;"' ~ i. i ! ~ '; ~, "" CONTRACT FOR AVIATION ENGINEERING SERVICES C I TV OF CONSULTANT: Reid Middleton ASHLAND CONTACT: Don Barclay, P,E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 728134'" Street SW, Suite 200 Telephone: 541/488-6002 Everett, WA 98204-5322 Fax: 541/488-5311 TELEPHONE: (425) 741-3800 DATE AGREEMENT PREPARED: 6/16/09 FAX: (425) 741-3900 BEGINNING DATE: 6/17109 COMPLETION DATE: 6/30/11 COMPENSATION: Notto exceed $195 399,00 SERVICES TO BE PROVIDED: Provide design and engineering services for the runway rehabilitation and' PAPI installation nroiect at Ashland Municioal Aimort -c~ ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2,52,040E and AMC 2,52,060. after reasonable inquiry and evaluation, the undersigned Department Head finds and detennines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perfonn the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal wiil best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable, NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1, Findings I Recitations, The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2, AIt Costs by Consultant: Consultant shall, at its own risk and expense, perfonn the personal services described above and. unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3, Qualified Work: Consuitant has represented. and by entering into this contract now represents. that all personnel assigned to the work required under this contract are fully qualified to perfonn the service to which they will be assigned in a skilled and worker4ike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded, 4, Completion Date: Consultant shall start perfonning the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above, 5, Compensation: City shall pay Consultant for service perfonned, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely tenninated. payments will be made for work completed and accepted to date of tennination, 6, Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City, 7, Statutory Requirements: ORS 2798.220, 2798,230, 2798,235 are made part of this contract. 8, Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with chapter 3,12 of the Ashiand Municipal Code by paying a living wage, as defined in this chapter, to all employees perfonning work under this contract and to any Subcontractor who perfonns 50% or more of the service work under this contract. Consultant is aiso required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees, 9, Indemnification: Consultant agrees to defend. indemnify and save City. its officers. employees and agents harmless from any and all losses, claims, actions, costs. expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the perfonnance of this contract by Consultant (inciuding but not limited to. Consultant's employees, agents. and others designated by Consultant to perfonn work or services attendant to this contract), Consultant shall not be held responsible for any losses, expenses, claims. subrogations, actions. costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City, 10, Termination: a, Mutual Consent. This contract may be terminated at any time by mutual consent of both parties, b, City's Convenience, This contract may be terminated at any lime by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract. in whole or in part, effective upon delivery of written notice to Consultant or at such later date as mav be established bv Citv under anv of the lollowina conditions: G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECm008\Copy of 08-62 Contract for PERSONAL SERVICES.doc 1012 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license 0( certificate required by law 0( regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed, d, For Default or Breach, i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other, Prior to such terminalion the party seeking termination shall give to the other party written notice of the breach and intent to terminate, If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice, ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract, City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof, i1i. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract, e, Oblioationlliabilitv of Parties, Termination or modification of this contract pursuant to subsections a, b. or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification, However. upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, wOl1<s-in-progress and other property that are 0( would be deliverables had the contract been completed, City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11, Independent Contractor Status: Consultant is an independent contractor and not an employee of the City, Consultant shall have the complete responsibility for the performance of this contract, Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract, Consultant is a subject employer that will comply with ORS 656,017, 12, Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City, Any attempted assignment 0( subcontract without writtan consent of City shall be void. Consuitant shall be fully responsible for the acts 0( omissions of any assigns or Subcontractors and of all persons amployed by them. and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City, 13, Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation ij owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; instiMes an action for relief in bankruptcy or has instiMed against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14, Insuranca. Consultant shall at its own expense prOVide the following insurance: a, Workers Comoensation insurance in compliance with ORS 656,017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b, Professional Liabilitv insurance with a combined single limit, or the equivalent. of not less than Enter one: $200,000, $500,000. 51,000,000, $2,000,000 0( Not Applicable for each claim, incident or occurrence, This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c, General Liabilitv insurance with a combined single Iimij, or the equivalent, of not less than Enter one: $200,000, $500,000, 51.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage, It shall include contractual liability coverage for the indemnity provided under this contract, d, Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 51,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage. including coverage for owned, hired or non-owned vehicles, as applicable, e, Notice of cancellation or chanoe, There shall be no cancellation, material change. reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City, f.AdditionallnsuredlCertificates of Insurance, Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract, As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract, The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance, If requested. complete copies of insurance policies; trust agreements. etc, shall be provided to the citY, The Consultant shall be financiallv resoonsible for all ""rtinent deductibles, san.insured retentions and/or sen- G:\pub~wrks\eng\dept.admin\ENGINEER\PROJEqT\2008\08-62 Contract for PERSONAL SERVICES. doc , nfQ insurance. 15, Governing Law; Jurisdiction; Venue: This contract shall be govemed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding I (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consu~ant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon, If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon, Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts, In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Ejeventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction, 16, THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BE1WEEN THE PARTIES, NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARlY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES, SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE. SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN, THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT, CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS, 17, Nonapproprlatlons Clause, Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to we", performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract" In the event City has insufficient appropriations, limitations Of other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant. with no further liability to Consultant. 18, Grant lenna. The tarms of all applicable grants for this project are incorporated herein and made a part of this contract by this reference, The language of this contract shall be interpreted to comply with the grant requirements, In the event that there is a conflict between the terms of the grant and the terms of this contract, the language of the grant shall govern, 19, Prior Approval Required, Approval by the City of Ashland Councilor the Public Contracting Officer is required before any work may be performed under this contract, 20, Certification, Consu~ant shall sian the certification attached hereto as Exhibit A and herein incoroorated bv reference, CONSULTANT , CITY OF ASHLAND: BY BY Signature FINANCE DIRECTOR Print Name TITLE DATE CONTRACT AWARD AND FINDINGS DETERMINED BY: DATE By: , City Department Head Dale: Approved as to I Dale: I fom1 by Legal: FederallD# ACCOUNT # (For City purposes only) 'Completed W9 form must be submitted with contract PURCHASE ORDER # G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-62 Co.ntract for PERSONAL SERVICES.doc 3019 , Exhibit "e" Engineering Scope of Services CITY OF ASHLAND ASHLAND MUNICIPAL AIRPORT RUNWAY 12/30 REHABILITATION & PAPI INSTALLATION PROJECT UNDERSTANDING Runway 12/30 at the Ashland Municipal Airport is 3,603 feet in length, 75 feet wide, and is comprised of asphalt concrete pavement. The pavement is rated for up to ] 5,500 pound single wheel gear. The airport has an Airport Reference Code (ARC) of B-1 (small). The Consultant will provide the required professional services for the dcsign of the rehabilitation of Runway 12/30, This will include the following work items: L Pavement rehabilitation of Runway 12/30 is anticipated to include an asphalt overlay to the existing runway pavemcnt (3,603' x 75'), with transition paving extending onto six existing connecting taxiways to match existing grades. With the grade changes to the runway surface, this will require the re-grading of the adjacent shoulder areas to meet FAA criteria as well as the grade adjustment of the existing runway edge lights and affected taxiway edge reflectors. Runway safety area grades will be designed to meet FAA grade requirements. Currently there are no subdrains installed along Runway 12/30, The FAA requircs the installation of subdrains to provide pt:otcction for pavement areas from subsurface water. Included in the runway rehabilitation will be the construction ofa new subdrain system along either side of the runway. Subdrains are not anticipated to be installed along connecting taxiways, Signage adjustments are not anticipated to be neccssary as part of this rehabilitation, 2, There is a V ASI system at each end of the runway at the Ashland Muncipal Airport, These systems arc outdated and at the end of their design life, This project will include replacing thc existing V AS!'s with 2-Box P API's. We understand from the FAA that this will not trigger a required flight check, City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June I. 2009 Scope of Services Page I of 10 A. PRELIMINARY ENGINEERING - to be provided on a lump sum compensation basis, 1. AUcnd one pre-dcsign tele-conference to cstablish basic project elemcnts, approximate funding level, and schedule, 2, Gather availablc existing information and City record drawings of the airport for use during design. 3, Provide general project management coordination of sub consultants, 4. Conduct onsite visit to perform pre-design field investigation and coordinate sub consultants field work (topo survey, geotech, deflection testing). 5. Review and evaluate sub consultants ficld invcstigation data and City's record drawings of the airport facility, 6. Prepare overall site map base from ALP for use on project overview plan shects. 7. Provide topographic survey and survey map reflecting existing grades for the runway rehabilitation, connecting taxiways transitions, and V ASI removal and PAPI installation, Topographic survey is anticipated to include the following: . Existing runway is 3603' x 75'. Provide topo of existing runway pavement surfaces and 37.5' either side of runway for a total section width of 150' on a 25' grid, The total area will be 3600'x 150'. Key points to pick up are: o Runway CL o Edge of Pavements o Grade breaks o Runway edge lights o Paint markings Provide topo of250' beyond both cnds of runway for a section width of 150' on 25' grid. The total topo area at cither end will be 250'xI50', . City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June I, 2009 Scope of Services Page 2 of 10 . Pick up existing utilities that may includc: o Electrical fcatures such as vaults, junction boxes, handholes. o Storm drainage features such as manholes, catch basins, culverts, o Utility locate markings. . Pick up any coring and test pit locations created by the soils investigation, . There are 6 existing connccting taxiways to thc parallel taxiway/ramp, they are approximately 100' long by 30' wide plus lead in fillets and radii. Provide topo of existing connecting taxiway pavement surfaces and 37.5' either side of connecting taxiway for a total section width of 1 OS' on a 2S' grid at each taxiway. Thc total area at each taxiway will bc IOO'xIOS', Kcy points to pick up are: o Taxiway CL o Edge of Pavemcnts o Grade breaks o o Taxiway edge reflectors o Paint markings . Provide topo of two 60'x30' arcas, location to be dctcrmincd. These sites will be for the new PAPI systems. . Establish horizontal and vertical control based on City provided benchmarks, . Provide control points outside of construction limits for use during construction. . Provide I "=50' survey basemap in ACAD with surveyed features, contours, and a 3D existing surface modeVsurface TIN, See attached sub consultants topographic survey scope for further breakdown of work, '8, Prepare base drawings for the project dcsign from topographic survcy drawings. City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June 1. 2009 Scope of Services Page 3 of to 9. Conduct geotechnical investigation of existing ground conditions within the limits of this project. The invcstigation includes the following: . Obtain from Airport and review any past geotechnical information available . Conduct soils investigation of the' existing runway at the Ashland Municipal Airport, . On-site investigation will include: o Core the existing runway (3603' x 75') at 5 locations to determine existing pavement section and determine subgrade conditions, o Dig 4 test pits along the pavement edge, . Perform the following laboratory tests on samples taken during the on- site investigation: o CBR tcst o Atterberg Limits and USC soil classification o Sieve analysis o Determine unit weight and water content o FAA soil classification . Provide soils report and recommendations, See attached sub consultants geotechnical scope for further breakdown of work, ] O. Conduct Falling Weight Detlectometer, non-destructive pavement testing, to quantify the condition of the existing runway pavement. This data will be used in the pavement rehabilitation design process, The non-destructive testing will include be performed on the full length and width ofthe runway (3603' x 75'), Non-destructive testing (falling weight detlectometer) will be perfomled on a spacing of 4 longitudinal lines through the center of 4 equal width lanes broken out of the overall runway width. See attached sub consultants detlection testing scope for further breakdown of work. City of A,h1and Ashland Municipal Airport Runway 12130 Rehabilitation June I, 2009 Scope of Services Page 4 of 10 11. Provide preliminary PAPI location layout design for Runway 12 and Runway 30. This preliminary location will be used to dctcrmine whcrc to pcrfonn the topographic survey for thc P API sites. Final P API location layout design will be completed in during final design. 12. Perfonn ground survey siting of proposed P API obstacle clearance surfaces at both runway ends. This survey wi Il include set up at each end of the runway on proposed surfaces and detcnnine if the surfaces will be clear of any obstructions. If obstructions are apparent, further field survey to itemize and quantify obstructions would be included on a future contract supplement. Coordination and engineering services for removal of obstructions would also be included on a future contract supplement. 13. Conduct onsite visit to perfonn PAPI obstruction surface siting field investigation and coordinate sub consultant's P API surface survey. 14. Review and evaluate sub consultants PAPI obstruction surface survey investigation data. ]5. Prepare and submit FAA design grant application. 16. Develop preliminary planning level opinion of probable construction costs. The FAA will be evaluating stimulus grant availability for this project in July and is requiring a preliminary estimate be submitted to detennine stimulus funding allocation. B. DESIGN ENGINEERING - to be provided on a lump sum compensation basis. 1. Project Administration a. Manage project - internal coordination and administration to move project through the design process. A period of 8 weeks has been assumed for the preliminary engineering and design process budgets. b. Coordinate with FAA. , c. Coordinate with the City of Ashland (City). d. Coordinate with design sub consultant. City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June I, 2009 Scope of Services Page 5 of 10 e. Develop a DBE plan, evaluate the DBE environment within the project's bidding radius, and establish a project DDE goal. f. Prepare and submit FAA grant reimbursement requests. Two requests have been assumed during the preliminary and design period. g. Prepare and submit FAA construction grant application 2. Engineer Design Report - Consultant will prepare an Enginee~s Design Report, including: a. Scope of proposed project b. Design rationales c. List of Advisory Circulars, Design and Construction Standards d. Develop all improvements in accordance with all applicable FAA advisory circulars including but not limited to: AC 150/5300-13 AC 150/5370-2C AC 150/5320-5B AC 150/5320-6C AC 150/5340-IH AC 150/5370-IOB Airport Design Construction Phasing and Safety Airport Drainage Pavement Design Marking Standards for Specifying Construction e. Modifications to Standards f. Phasing and scheduling recommendations g. Project quantities and construction cost estimates f, City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June 1, 2009 / Scope of Services Page 6 of 10" 3. Consultant will pcrfoffil Dcsign of the various projcct elcmcnts per FAA Advisory Circulars and City requirements. Major design clements include the following: . Asphall runway pavement rehabilitation design. . Runway and taxiway transitions, profile and grade designs. Shoulder and runway safety area grade design adjustments to transition new pavement grades to surrounding grades is included. . Runway subdrain design . Runway edge light and taxiway reflector elevation design to adjust to elevated shoulder grades. . Runway and Taxiway pavement marking design. . P API location and layout design and V ASI removal design. . Electrical design for V ASI removals and 2-Box P API installation on Runway 12 and 30. Installation of new conduit and cable to connect the existing power and controllers to the new PAPI units themselves is included in this scope. . Electrical design for grade adjustments to runway edge lights. . Project safety and phasing design. 4. Prepare plans for the project in AutoCAD, which tentatively will include the following sheets: I) Cover 2) Project Layout 3) Project Safety & Phasing Plan 4) Erosion Control Plan 5) Runway Plan and Profile scale 1"=50' 6) Runway Plan and Profile scale 1"=50' 7) Runway' Plan and Profile scale ]"=50' 8) Connecting Taxiway Plan and Profile scale 1"=50' 9) Connecting Taxiway Plan and Profile scale] "=50' 10) Connecting Taxiway Plan and Profile scale 1"=50' II) Typical Runway Cross Sections 12) Typical Connecting Taxiway Cross Sections,..; ]3) Details 14) Runway Marking Plan ] 5) Taxiway Marking Plan 16) Pavement Marking Details 17) P API Layout Plan - Runways 12 & 30 City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June I. 2009 Scope of Services Page 7 of 10 18) Electrical Overview Layout Plan 19) Electrical PAPI Plan Runway 12 20) Electrical P API Plan Runway 30 21) Electrical system Line Drawings 22) Electrical Details 23) Electrical Dctails 5. Intermcdiate 50% Design Revicw Documents a. Develop intermediate level project specifications (using Advisory Circular 150/5370-IOC, Standards for Specifying Construction of Airports, as amended) and drawings. b. PTepare intermediation level construction quantities and costs. c. Perform intermediation level internal quality assurance review. d. Attend a review meeting at the City, and perform field review of intermediate design. e. Incorporate 50% design review comments. 6. Final 100% Design Review Documents a. Develop final project specifications (using Advisory Circular 150/5370- 10C, S/andards for Specifying Construction of Airports, as amended) and drawings. b. Prepare final construction quantities and costs. c. Perform final internal quality assurance review. d. Attend a teleconference review meeting with the City and FAA. e. Incorporatc 100% design review comments. 7. Coordinate final printing of bid ready documents and furnish the City with 20 sCls of plan~ and speci fications for distribution to bidders. 8. Furnish the City with project descriptions for use in advcrtising for bids. City of Ashland Ashland Municipal Airport Runway ]2/30 Rehabilitation June 1,2009 Scope of Services Page 8 of 10 C. ASSUMPTIONS The scope of services and estimated fees are based on the following assumptions: I. Additional services not included in the scope of services and fee esti'mate and requested by the City will be included in a subsequent engineering supplement. 2. This scope of work is for preliminary and design engineering through placement of the bid advertisement. This scope has anticipated this effort over an 8 week period assuming the project will be funded by federal stimulus money and bid in August 2009. If stimulus funding is not available for construction in 2009 and the project bidding is postponed beyond August 2009, additional ongoing project management may be necessary until the project is advertised for bid. If additional project management is necessary beyond the 8 week period, this effort will be included on a future contract supplement. 3. Bidding and construction assistance is not included within this scope of work and will be included on a future construction engineering contract supplement. 4. Pennits required for construction, such as grading, are not included in the scope of services or fee estimate; they will be made the responsibility of the contractor. 5. The FAA will not require environmental or cultural resource support on this project. The FAA has determined the Runway 12\30 rehabilitation and PAPI project to be Categorically Excluded (CAT-Xl, and will not require a NEPA checklist. 6. The City has an existing 1200-z Oregon Dep'artment of Environmental Quality (ODEQ) pennit for the airport. No other ODEQ pennits are anticipated for this project. National Pollutant Discharge Elimination System (NPDES) permits are not included within this scope of work. 7. Impervious surfaces are not being increascd and drainage design will maintain existing stonnwater runoff to shoulders. Any stomlwater system improvements for retention/detention or water quality are not included within this scope of work. 8. Construction surveying will be provided by the Contractor. City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June t, 2009 Scope of Services Page 9 of to 9. This scope ofwork includes the removal of the existing V AS! systems and replacement with 2-Box PAP/'s at both Runway 12 and 30. This scope of work assumes the existing power source, transformers, controllers, and electrical vault building and other related electrical support components are operating in good condition and are sufficient to power and operate the new PAPI's. It is assumed no modifications or upgrades are necessary on the electrical systems feeding the PAP!'s. Any design modifications or upgrades to exist.ing electrical systems would be included in a future contract supplement. Installation of new conduit and cable to connect the existing power and controllers to the new PAP! units themselves is included in this scope. 10. Ground Survey of the P API obstruction clearance surfaces is included within this scope of work. Coordination and removal of any identified obstructions is not included within this scope of work and where necessary would be included within a future contract supplement. II. An FAA flight check of the new P API's is not required. 12. No pavement alternatives Life Cycle Analysis will be prepared for this project. D. CITY PROVIDED DOCUMENTS The City will provide and/or make available the following items to Reid Middleton in support of the project: I. The Airport Master Plan and complete Airport Layout Plan drawing set. 2. City record drawings of Airport facilities and utilities. 3. Any other documents necessary to assist in the design of the planned rehabilitation and improvements. h:doc\23109\913\016 Ashland Runway 12-30 Rehab\engseope.doc City of Ashland Ashland Municipal Airport Runway 12/30 Rehabilitation June 1.2009 Scope of Services Page 10 of IO AIRPORT: A~hblld Municlp'2.1 Alrpon -- PROJECT: KUDWlIY11130 Rrb.bllil.lioD CLIENT: CilyofAshlanl.! Jon NUMfUiR: 232009.913.016 DATE:: ""1109 H:'oDClC\2]~INl16_.\JtlbndIl.WI2.)G~f.l'ccI...I..dI.1Istprdim PROJF.cT SENIOR PROJECT DESIGN CAD PRNPAL ENGR ENOR ENGR ENGR OPER. CLER. PA TOTAL PROJECT PROJECT TASK SI90.00 $165.00 $llS.00 SI05.00 SUllO $105.00 SIOHlO m.oo HRS cosr KA RH 0. W8ISV VC GM v, R. A.. PRELIMINARY ENGINEERING ^ttc~ Pmbign Te1c'COl1f~o:;e 0 0 0 0 0 0 , SJ1S Garha Ciry ExislifIJ InfOl'lNllion and Reconl Owp 0 0 , . . 0 0 0 10 SI,030 Coordimte with PI'tJiminary EnJT Subo:oowlWl15 0 0 8 0 0 0 0 0 8 $1,080 Onsitc coordirWioa (Tope Survey, Geotedt. Deflection TestinS) 0 0 10 0 0 0 0 0 10 SI.3X> Siee .,q,it Travel (In RlIC) 0 0 . 0 0 0 0 0 . S270 Reriew SubconsulWlI Da1a , , . .0 1 0 0 0 10 SI,0420 Review Ci1y ~ Dwiinp(Utilities) 0 0 2 0 2 0 0 0 . "'" Pr~ Ovtttll Silt Map from M.P Drawlnt: 0 0 0 . 0 0 I ,,.. -Topo Survey, tee W~ Survey S\;lb below Prepr;te Topo Survey Due Maps 0 0 0 . 0 . 0 0 8 ,.." .Ocotccb In~tIoa, lee PacifIC Gcoted'lnielll aub bdow -OefleeUoa Testina,. ~ Ptvemenl Services 1Gb below PrtlimirwyPAPf Iocatioa La)'OUlOcsian . 0 I . 0 0 0 0 16 '1.1'" .PAPI otlItc'e Sw&cc SuO'C)', _ Wkb SurYeyaubbclo'llt ONiIC coordillllrioa (or PAPf Appn>>dI. Surv", 0 0 8 0 0 0 0 0 I 'I.os<> She mil T~I (1n P.Mc) 0 0 . 0 0 0 0 0 . 1270 P~PI Appoaeh SWvq Al1Ilysi, 2 , 8 8 0 0 0 0 10 11,630 Pn:pIre&CoontFAAOc:sipGnnlAppltution 2 0 . 0 0 0 0 0 6 '910 Oevdop pclimilW')' Canst Cot;! estimIft (or FAA Stimulus Fundi. Oc1crminllion 0 0 . I 8 0 0 0 10 $1,060 Subtotal - Llbot II . 09 J<) 10 I 0 0 118 $16.,115 EXPENSES: Trrtel: CootIUnIt Trip Miles ",,. Ai~wCily(RoundTrq,) "'" 2 S8QO YehlcleRenu.1 '110 , .... Mileqc To City (Round Trip) SIlJS 0 1000 SIl Milealc To FAA (IWund Trip) SIl" 0 10 SIl Lod.... $120.00 2 ""0 Pu Diem SJ<l 2 '''' Pnx:essinlFee . PCfCClUIacofi!Apensel IS" ,m Subtotal. [lpetlSft $1.117 SUBCONSUL T AI'ITS: Wlds F.ngj~ &. Surveyifla: (Topo Survey) $10,860 Wicks Enail'ftrina &. $orveyitlJ (PAPt Obstade C~ ~) '~1lOO P"lICi[lC~(Gt'OttChnical1nvtStiption) SlI,047J P.vCmcnl Scmces (Deflcetion Tuling) 14,500 l-land1ina fee . Perc:entlge ofSl.IbcotuuhatttJ IS" $-4,325 Sublacal- SulK'oanfCal:lts $31,160 TOTAL PRELIMINARY ENGINEERING (L1fmPSi.1m) 551,852 Page 1 AIRPORT; AdlI.IMlMuMtI(l.I"~rt ~ PROJECT: Ru....rIZJ311Itt..llltlu.. CliENT: CilyorAstlland J08 NUMBER; B:D09.913016 DATE: ..".. 11~1~1'_A"""II"'12.XI~r"""bldlnl/.lllo~ MlOJl:::cr SVlIOil PROJECT DES"'" CAD ",",AI. ENGR t-~G!t. ENCR ""'.. Of'ER. CUll PA TOTAl. P!t.OJtCT PROJECTTA$K SI9QOO SI6HlO smoo $10$.00 SIS-OO $101.00 Slll~_OO saSOD "'" COST U. RII DB ......B/SV VC C~ VI' IUl ,. DESIGN ENGfNEERING Profed AdrnInIWMIon I Tnt, ,,",~M&na~(3Inf-"O'fWI..-n) . 0 16 0 0 0 0 . " SJ.26O Coo~Ion...t\llFM(I~ova-'wb) 0 0 . 0 0 0 0 0 I $1,010 ~widlCity(l""""'*o__'wu) 0 0 . 0 0 0 0 0 . Sl.ClllO Coonfinalioa wid! Dnip SukOMllb..ui 0 0 . 0 0 0 0 0 . ".... oaE "'- ol (;o.t Oevmpn_ 0 0 1 I .. 0 . 0 II S')50 Prcp.Rf^^~IWq_(~2l 0 0 . 0 0 , , 0 I ".... hrpueA Coord FAAc- Gnnt Awlja,(ion 1 , . 0 0 0 0 0 . .no s.~.uJ''''i<<t..w.. . II .. 0 '20 SI1,"~.OO 00...._ Auanbk Dnip lqIorI..a:tap " 0 .. S6,110 kbt".. Ga.. ~ " 0 0 .. S6,21000 ...... ~R""I__DaIp 0 . . 0 0 , , 0 " 11.140 R_r MIl T"'IwIrT...-uon hoIIic. &.Ie Dl:P,.. , 1 . " , , , , " ...m R_~ $4lbdnill PeaIp , , . 16 0 , , , 11 SUU ~EdcolJ&N.T..i-r~Cin6t~Dmcn . . 1 . . , , , " ".,. ~"T..IwIr~loWdnao.:.ip . 0 , . . 0 . 0 . "" r1nali='API~u,ow:o.:.ip.VA$l__ 1 0 . . 0 . . , " ".... .~ 'API"'&!FLIp Daip._moon~... bdcN- R.MnrEkcW,'APlSysIooI... I.W F.dtel./cfll~ Daip . , . , 0 0 . .... PN;ed S-roty, "... DcsI&JI , , . , . 0 " SJ,460 ............... .. " 11 0 , , "' U&,1I$.OO """""""''''- .""" . 0 1 . , . . 0 " SUJO 2Prajra~PiMl . 0 . . 0 " 0 , 1I Sl.11O 3 !'nljedwfdy".....P'\.IIl , 0 11 . 0 " 0 , " "'20 4 &oslooIC.-t"'" . 0 . " , 11 . , 1I ".... 5 R-,-rtaa. PtotUr(.:aW 1....Sl1) 0 0 . . , 16 0 0 " ...... e bnway P\In. hor_ (_k 1-"St1) . , . . , " , , n "... 7 R-r',.... PnIik(cak t"-W) , 0 . . 0 " 0 . " "... 8 C-u.. Tur..y"",,. ~(teale I....sa) , 0 . . 0 " 0 0 " "... 8 C'-'n&Tni'nyf'bn.PloIIlc(K'iWI....SV) . 0 . . 0 " 0 , 11 ".... 10 Cor.IcctiD.TlIXl...yJ'blAPTotIIc{K'IkI--JO') 0 0 . I , " 0 0 " sj,6OD l' T)JliulI.lnrw.yCnlR~ 0 , . 11 0 20 . 0 " ...... 12 ~~Tu""rc-smlcn , 0 . " , " 0 0 " ...... 130c\1l1s , 0 . . 0 " 0 ., " ".... 14 ~,.Martr...". , 0 . 0 . " 0 0 1I $2,900 15 lUM)'MIrtlIti"- 0 0 . . . " 0 0 " "..... 1.l'Pcm:-./r.br.....na..a. 0 , 1 0 . .. , 0 " ".... 17JOA"I.aJOUlPllnlWlw.,..II.tJO 1 1 " . 0 " 0 0 .. ..... 18 ac-bI o-vlew ~"., IIlM I't'lo.....) 0 0 , . 0 0 0 0 , "'. 18 Ekaril:al..AJ'1"...I.....yI](JtM~) . 0 1 0 1 0 0 0 . .... 20 ~..A..I't!'1lnP......,.JO(RM~) , a 1 0 l , , 0 . .... 21 E\cQUl S,....1.JnI! Dnwlap (1lM nm..) , , l 0 l , . , .... 22 EJedticallDclal1l(RM'rn-~1 0 0 , , , 0 0 0 .... 23EkclricalDrt.u.(ll.M~ 0 0 1 , . 0 0 0 .... s.btKafDn'Oliql ., III 120 " '"~ 0 0 '" 161.000.00 H%OorstpRcrltw 5O"~loclSpx.s{J>roj<<r~I) 0 . " 0 0 , . , .. ,,:no ~LcvdQuanrilia"Cow 0 0 . " 0 , 0 , " so.... SO% t.evd QII Dai&n JtcyicY . . 0 , 0 . 0 , " l1.2OO Rme.- ""='inJ. Lily I. Fidd ~.icw 0 , . . a , 0 0 " il,ilO ltcwicwMec1insTr-"'d(lI1RJkI 0 , . 0 . 0 , I "'" 1...:orponk.W%l~dCon_tI , 0 , , 0 . 0 , " SI,1'&o s.Wobl SO% D~.. W"'" " " " , '16 SI-I,01000 Pogo' AIRPORT: AOlud M...k'Ip.1 Airport ~ PROJECT: R.....yllJJORdl.bQII.._ ClIENT; Cilyo(Allhlond JOeNl../MeER.: 13200').9',1,016 DATE: ...,... lI:1OlX."M.p\lI'MltDt._1\..-RWlt.)(I.....~Elq:rfn(~J.b~ 1110% Dnl&. R...k... 100000A.levd~(I'n)j<<1.!ro1anuaJ) , . 12 , , , . , .. "-"" 10000.t..",dQuancitia & Com , , . " , , , , .. SO.... J~lf'Yt1Q"DttitnRav~ . . . , , . , , .. SUM ~M<<fi",TeIc;on{~ , . , I . , , , . "" lno:;orpomc lClO'% l.C\'C1COIl'lIIleftIl , , , . , . . , .. SI.J<<l s-.b401.llto% Dm....u..... .. .. , .. S12,4IO,(IO 8WAd....~_ COOl'din.lcfilul~l'Yinli.. , , , . . .... P"ftperc _ Coordi.....1C Ad\b't*"'=' M Bid . . . , . .... StI'*'-' BW "IIIV'trrt__. uller . . , , . "".. T.III~f... " " '00 n. 0> .. J6 "" I121,7J.5 EXPENSES: Tmd, C""""" Tri.. ..'" Do,. A.irllIroIllClly(~Trtp) .... I .... Vct.dcRau-' '''. I ",. Miap To City(ao-t Trip) ....., . "'" " MIlclt&e To FMClo-f"Trlp) SO.SS . " " ....... SlllI.OO I " "'- '" . " PrinlinJ - PI... "'""II 'n l100 -Specitkzlior!l """11 Sll l100 ~m'~o(E..lpcNa IS% "" .........- Sl.lOI SUBCOI'fSUL T ANTS: EkoIl(Eleclric&lDcslt:nl SI5,)01 IflftdlincFce"CK'ClII.ol~1 IS% '''''' s.b(.....~... $1'-"4 Tolll Dedla F~chlHrlal t1-.$un\l SI4J,.S47 Total PrtUm!aU)' EIlclllrflinc "....- $51.1.51 TOTAL PRELIMINARY AND DESIGN ENGINEERING $IJS.J" ,.,., GNS - View Message Page I of I A u.s. Department of Transportation ~ Office of Secretary of Transportation 400 Seventh St.. SW. Washington, D.C. 20590 Title: DOT Agency Disbursing Funds: Project Number: Award Recipient City/Country/State Place of Performance State Congressional District Entitle Amount Discretionary Amount Total Grant Amount DOT Regional Office/Telephone Number -c- NOTICE OF GRANT AWARD Ashland Municipal-Sumner Parker Field: Install Runway Vertical/Visual Guidance System - 12/30, Rehab Federal Aviation Administration Ashland Municipal-Sumner Parker Field City of Ashland Ashland,Jackson, OR Ashland Municipal-Sumner Parker Field 2 $ 199,371.00 $ 0.00 $ 199,371.00 Carol Suomi (425)227-2657 Description: Install Runway Vertical/Visual Guidance System - 12/30, Rehabilitate Runway - 12/30 . This grant provides funding to rehabilitate Runway 12/30 and Install precision approach path indicator at Ashland Municipal - Sumner Parker Field, Ashland, Oregon. . . Rehabilitation of Runway 12/30 (phase 1) is needed to extend the useful life of the pavement. . Installation of the precision approach path IndIcator (phase 1) is needed for operational safety. . The point of contact for this project Is Jim Olson, Director, Public Works, City of Ashland. Mr. Olson can be reached at (541) 488-5587. . Following this grant announcement, FAA will notify the sponsor of the allocation. A grant offer will be Issued subsequently for this grant as finally formulated. Should you have any questions, please contact the Office of Congressional Affairs (202)366-5696 ~-~\.---- , :.:N;".... =- D~ - '~~~. ~ . . 4' o o = -' -' ~ ---- ." .,,~Q ',' .::..c::.-cOe= D . . :~"-' ~ , -~ - . . . ~-~~...,,,:.- ',' /"''l:~0. .,~.,~ '~ - --....----- ---- . D .r,., ,. ' @~~._,~.:Pa;Y/!:o-~ F cr=- ; . ~ D "'" - r=='~ "> -= ~ , liOl. - ~-=-=-- "" o o ~ ." r .\...,~~ ~ "j","" ......0..;0 .,: ~<,... ~ 0 0, '0 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of New Conservation A~reement with BP A June 16,2009 Primary Staff Contact: Dick Wanderscheid Electric E-Mail: wandersd@ashland.or.us Finance Secondary Contact: N/ A Martha Benn t Estimated Time: Consent Agenda Question: Does the Council want to authorize the City Administrator to execute a new 5-year Energy Conservation Agreement with the Bonneville Power Administration? Staff Recommendation: Staff recommends that the Council authorize the City Administrator to execute the new 5-year Energy Conservation Agreement with the Bonneville Power Administration. Background: The City of Ashland has been operating BP A Energy Efficiency Programs since 1982. Currently we take part in the Conservation Rate Credit (CRC) and Conservation Acquisition Agreement (CAA) programs. These agreements are set to expire on September 30, 2009. The Rate Credit Program provides a Y, mill discount on our annual power bill for a total of $91 ,980 in FY09-10. The City must then spend this amount on qualifying Conservation or Renewables measures, or BP A must be reimbursed for the portion of the discount not spent. The Conservation Acquisition Agreement provides direct funding for Energy Efficiency measures which are done for activities that occur after the rate credit amount has been expended. Both these agreements run through the remainder of the Federal fiscal year (September 30,2009). " Beginning in FY201O, BPA Energy Efficiency's Conservation Acquisition targets will be based on the Northwest Power and Conservation Council's Sixth Power Plan (for the 2010-2014 period). During that period, BP A will operate in two-year rate periods. In order to provide continuity and stability for Conservation planning across BPA rate periods, BPA developed five-year contracts that align with Council's targets. The new contracts will provide for BP A reimbursement from funding sources that are available in given rate periods, and will provide mechanisms enabling the transition of conservation projects initiated in one rate period to be claimed in subsequent rate periods. The new Energy Conservation Agreement (ECA) is an umbrella agreement which replaces all our current Conservation Agreements with BP A. A budget providing BP A funding for Conservation measures is included in the ECA. Ashland's original allocation is $150,000. This amount can be amended either upward and downward based on our actual expenditures and program pace. The ECA is a five-year agreement that will run from October 1,2009 through September 30, 2014. In order to effectively transition to this new funding source, these agreements must be executed by September 30,2009. However, executing the contract before then allows the City to get an early start on FY2010-11 energy efficiency activities upon contract execution. Signing the ECA assures the City Page] of2 .... r_~ CITY OF ASHLAND eligibility for any available source ofBPA Energy Efficiency funding throughout the five-year contract term. Related City Policies: The City's Comprehensive Plan, the Valdez Principles and numerous City Council, and City Commission goals support Conservation and Energy efficiency. Council Options: 1) Authorize the City Administrator to execute the 5-year ECA with BPA. 2) Decline to execute the ECA Potential Motions: Move to authorize the City Administrator to execute the 5-year Energy Conservation Agreement with BPA. Attachments: Energy Conservation Agreement Page 2 of2 ~.l' Contract No. ENERGY CONSERVATION AGREEMENT executed by the BONNEVILLE POWER ADMINISTRATION and CITY OF ASHLAND Table of Contents Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Page Term ................................................................................................................. 2 Definitions ...................................................................................................... 2 Purchase of Energy Savings........................................................................ 3 Implementation Budget ............................................................................... 4 Project Implementation ............................................................................... 4 Termination .................................................................................................... 5 Standard Provisions ...................................................................;................. 6 Governing Law and Dispute Resolution................................................... 7 Uncontrollable Forces... ... ...... ...... ...... ... ......... ... ...... ......... ... ...... ........ 9 Notices and Contact Information............................................................... 10 Signatures ....................................................................................................... 11 Exhibit A Implementation Budget This ENERGY CONSERVATION AGREEMENT (Agreement) is executed by the . UNITED STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE POWER ADMINISTRATION (BPA), and the CITY OF ASHLAND, (Ashland), a municipal corporation organized under the laws of the State of Oregon, and may be referred to individually as "Party" or collectively as "Parties." RECITALS BPA is required by the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. ~~ 839-839h (Northwest Power Act), to meet the net firm power load requirements of its customers in the Pacific Northwest. BPA is authorized to acquire Conservation to reduce the firm power load requirements of its customers in the Pacific Northwest. BPA offers a portfolio of initiatives and infrastructure support activities to ensure the conservation targets established in the Northwest Power and Conservation Council's Sixth Power Plan are achieved. Beginning October 1, 2009, BPA will transition to two'year rate periods. Understanding that conservation projects can extend beyond two years, BPA offers this Agreement to provide long-term certainty to customers implementing Conservation projects and programs. This Agreement is an overarching agreement that incorporates the requirements of the Conservation Rate Credit and Conservation Acquisition Agreement Implementation Manual (Implementation Manual), or-its successor. This Agreement includes an Implementation Budget intended to satisfy BPA's obligations during the term of this Agreement, including obligations during rate periods where a conservation rate credit may not be available. Assurance of funding through this Agreement is intended to encourage BPA's customers to continue implementation of their conservation programs and projects. Ashland intends to install cost,effective Measures within its service area, producing a quantity of cost-effective Energy Savings, and report such achievements in the Planning, Reporting and Tracking (PTR) system, or its successor. The Parties agree as follows: 1. TERM (a) This Agreement takes effect on the date signed by both Parties (Effective Date), and expires on September 30,2014, unless terminated earlier as provided in section 6. Termination. Except as provided for in section 3(c), all liabilities shall remain until satisfied. (b) The Parties agree that on the Effective Date, this Agreement shall replace Conservation Acquisition Agreement No. 06ES-10738 and transfer all Work in Progress initiated under the requirements of the Implementation Manual, 'or its successor, to this Agreement. Ashland agrees that no other invoices shall be paid by BPA for Completed Units delivered under Conservation Acquisition Agreement No. 06ES-10738. 2. DEFINITIONS All capitalized terms used in this Agreement shall have the following meaning. (a) "Completed Unit" means a Unit that is properly installed, operating and, when applicable, commissioned in accordance with the manufacturer's requirements and specifications for normal operations and, as applicable, has met specifications and requirements set forth in the Implementation Manual, or its successor, and the PTR system. (b) "Conservation" means any reduction in electric energy consumption resulting from an increase in the efficiency of electric energy use, production or distribution. (c) "Consumer" means any end user of electric energy in Ashland's service area that contributes to Ashland's total retail load. <d#/>,ES-<4!####", Ashland 2 of 11 (d) "Energy Savings" means the ascribed, deemed, calculated, estimated, evaluated, or verified Conservation, in first year kilowatt-hours (kWh) attributable to Completed Units. (e) "Fiscal Year" means the period beginning each October 1 and ending the following September 30. (f) "Implementation Budget" means the amount of money BPA shall make available to Ashland. included in Exhibit A, to expend on Implementation Costs during the Implementation Period. (g) "Implementation Costs" means the sum of all or part of the actual total costs to install or implement Measures that result in Completed Units. (h) "Implementation Period" means the period of time from the Effective Date through September 30, 2014. (i) "Measure(s)" means materials or equipment installed, or activities implemented, to achieve Conservation. (j) "Other Requirements" means any revision, restriction, or alteration, which BPA may impose on any Measure as a result of any directive or order of any court or regulatory agency of competent jurisdiction, or the result of a final record of decision of any process conducted by BPA pursuant to the National Environmental Policy Act. (k) "Unit" means any Measure or combination of Measures that achieve Conservation. (I) "Work in Progress" means Units committed to by Ashland the installation of which has not been completed to make such Units Completed Units. 3. PURCHASE OF ENERGY SAVINGS (a) BPA agrees to provide reimbursement and, if available, accept claims toward a conservation rate credit provided for the purchase of Energy Savings. Ashland agrees to sell to BPA the Energy Savings from Completed Units installed in accordance with this Agreement. (b) Ashland may request additional Implementation Budget at any time during the term of this Agreement. If BP A approves the request, BP A shall send a revised Exhibit A to Ashland. (c) Unless otherwise agreed to in writing by BPA, BPA shall not be obligated to pay for Energy Savings from Completed Units delivered after the Implementation Period. . <c!I#>>ES.<4!###lh, Ashiand 3 of 11 (d) In the event a conservation rate credit is not available during the term of this Agreement, Ashland may report Completed Units and BPA shall provide reimbursement from the Implementation Budget in Exhibit A. 4. IMPLEMENTATION BUDGET (a) On the Effective Date of this Agreement Ashland is authorized by BPA to incur Implementation Costs in an amount equal to the Implementation Budget in Exhibit A. (b) The Implementation Budget provided by BPA in Exhibit A shall be available to Ashland for the term of this Agreement, except as provided in section 3(c) and section 6, Termination. (c) Unless otherwise agreed to in writing by BPA, BPA shall not be obligated to pay Implementation Costs in excess of the Implementation Budget in Exhibit A. (d) BPA may, but is under no obligation to, supplement the Implementation Budget in Exhibit A. (e) Unless otherwise specified in this Agreement, Ashland shall release BPA of its obligation for the balance of any Implementation Budget remaining upon conclusion of the Implementation Period in Exhibit A. 5. PROJECT IMPLEMENTATION (a) The Implementation Manual, or its successor, and any changes made to the Implementation Manual or its successor are incorporated by reference into this Agreement. (b) Ashland shall: (1) install Units in accordance with the requirements of the Implementation Manual or its successor; (2) report Completed Units in accordance with the requirements of the Implementation Manual or its successor; (3) submit invoices no more often than monthly; and (4) implement this Agreement in accordance with all applicable law(s). (c) Ashland may subcontract to provide Completed Units under this Agreement. If Ashland does so, Ashland shall, by such subcontract, require that the entity comply with the terms and conditions of the Implementation Manual or its successor and all applicable laws. <(C/ffl"ES-<<##tt##", Ashland 4 of 11 6. TERMINATION (a) Either Party may terminate this Agreement upon thirty days' written notice. Ashland shall have one year from the Effective Date of termination pursuant to this section to complete Work in Progress. (b) BPA may terminate this Agreement upon thirty days' written notice if Ashland: (1) has failed to comply with the environmental, technical, or record- keeping requirements; (2) has failed to use any portion of the Implementation Budget in a manner consistent with this Agreement; (3) gives notice to BP A that it will stop placing firm load on BP A pursuant to its existing firm power sales contract, or its successor, for a period of at least one year; (4) gives notice to BP A of its intent to terminate, or terminates such existing or successor firm power sales contract with BPA; or (5) BPA stops serving Ashland's loads because Ashland becomes insolvent, files a petition for bankruptcy or reorganization, or assigns substantially all assets to creditors. (c) Ashland shall not be allowed a completion period for Work in Progress Measures beyond the Effective Date of a notice of termination for a termination under section 6(b). (d) Ifthis Agreement is terminated in accordance with section 6(b), Ashland shall be liable for all payments for Work in Progress to Consumers and shall pay.a reimbursement charge to BPA. The reimbursement charge shall be calculated by BPA using the following formula: R = P*(T-A) -;- T Where: R = Reimbursement to BPA; P = Total BPA payments to Ashland for Implementation Costs to the termination date of this Agreement; A = Sum of the Energy Savings from all Completed Units for the full Measure life from the date of BPA's payment; and (4i#>>ES-(dl#II##>>, Ashland 5 of 11 T = Sum of the Energy Savings from all Completed Units from the date of termination of this Agreement through the remaining life of the Completed Units. The following conditions apply to the reimbursement charge. (1) Energy Savings shall be consistent with the Measure life in the PTR system. (2) BP A shall present an invoice to Ashland for payment calculated pursuant to section 6(d). (3) Ashland may reimburse BPA by either: (A) making a lump sum payment within 30 calendar days of the date of BPA's invoice; or (B) making no more than three consecutive equal monthly payments, with the first payment due within 30 days of the date of BPA's invoice and each successive payment is due 30 days after the last due date. (C) If Ashland reimburses BPA by installments, pursuant to 6(d)(3)(B), then BPA shall charge interest at the prime rate (as listed in the Money Rates section of the Wall Street Journal) on the date of BPA's notice of termination under section 6(b). BPA shall calculate interest for the period of time between the date of the first payment made by BP A to Ashland and the date of the last reimbursement payment made by Ashland to BPA pursuant to section 6(d)(3)(B). 7. STANDARD PROVISIONS (a) Amendments Except where this Agreement explicitly allows one party to unilaterally amend a provision or revise an exhibit, no amendment or exhibit revision to this Agreement shall be of any force or effect unless set forth in a written instrument signed by.authorized representatives of each Party. (b) Interpretations BP A may issue interpretations, determinations, and findings related to this Agreement that are binding on the Parties. Such decisions shall be provided to Ashland in writing. In administering this Agreement, only the written statements of BP A officials acting within the scope of their authority shall be considered to be official BP A statements. (c) Assignment This Agreement is binding on any successors and assigns of the Parties. BPA may assign this Agreement to another Federal agency to which BPA's ((1#t-)iES-<<#I#f:I:I::#I}, Ashland 6 of 11 statutory duties have been transferred. Neither Party may otherwise transfer or assign this Agreement, in whole or in part, without the other Party's written consent. Such consent shall not be unreasonably withheld. BPA shall consider any request for assignment consistent with applicable BP A statutes. (d) Entire Agreement This Agreement, including documents expressly incorporated by reference, . constitutes the entire Agreement between the Parties. It supersedes all previous communications, representations, or contracts, either written or oral, which purport to describe or embody the subject matter of-this Agreement. (e) Order of Precedence In the event of conflict, the body of this Agreement shall prevail over the Exhibit of this Agreement. (t) No Third Party Beneficiaries This Agreement is made and entered into for the sole benefit of the Parties, and the Parties intend that no other person or entity shall be a direct or indirect beneficiary of this Agreement. (g) Severability If any term of this Agreement is found to be invalid by a court of competent jurisdiction, then such term shall remain in force to the maximum extent permitted by law. All other terms shall remain in force unless that term is determined not to be severable' from all other provisions of this Agreement by such court. (h) Waivers No waiver of any provision or breach of this Agreement shall be effective unless such waiver is in writing and signed by the waiving party, and any such waiver shall not be deemed a waiver of any other provision of this Agreement or any other.breach of this Agreement. . , 8. GOVERNING LAW AND DISPUTE RESOLUTION This Agreement shall be interpreted consistent with and governed by federal law. Ashland and BP A shall identify issue(s) in dispute arising out of this Agreement and make a good faith effort to negotiate a resolution of such disputes before either may initiate litigation or arbitration. Such good faith effort shall include discussions or negotiations between the Parties' executives or managers. Pending resolution of a contract dispute or contract issue between the Parties or through formal dispute resolution of a contract dispute arising out of this Agreement, the Parties shall continue performance under this Agreement unless to do so would be impossible or impracticable. Unless the Parties engage in binding arbitration as provided for in this section, the Parties reserve their rights to individually seek judicial resolution of any dispute arising under this Agreement. ,d#!>>ES-,dI#/I##>>, Ashland 7 of 11 (a) Judicial Resolution Final actions subject to section 9(e) of the Northwest Power Act are not subject to arbitration under this Agreement and shall remain within the exclusive jurisdiction of the United States Court of Appeals for the Ninth Circuit. Such final actions include, but are not limited to, the establishment and the implementation ofrates and rate methodologies. Any dispute regarding any rights or obligations of Ashland or BPA under any rate .or rate methodology, or BPA policy, including the implementation of such policy, shall not be subject to arbitration under this Agreement. For purposes of this section, BPA policy means any written document adopted by BPA as a final action in a decision record or record of decision that establishes a policy of general application or makes a determination under an applicable statute or regulation. If BPA determines that a dispute is excluded from arbitration under this section, then Ashland may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section. (b) Arbitration Any contract dispute or contract issue between the Parties arising out of this Agreement, which is not excluded by section 8(a) above, shall be subject to arbitration, as set forth below. . (I) Ashland may request that BPA engage in binding arbitration to resolve any dispute. If Ashland requests such binding arbitration and BP A determines in its sole discretion that binding arbitration of the dispute is appropriate under BPA's Binding Arbitration Policy or its successor, then BP A shall engage in such binding arbitration, provided that the remaining requirements of this section 8 are met. BPA may request that Ashland engage in binding arbitration to resolve any dispute. In response to BPA's request. Ashland may agree to binding arbitration of such dispute, provided that the remaining requirements of this section 8 are met. Before initiating binding arbitration, the Parties shall draft and sign an agreement to engage in binding arbitration, which shall set forth the precise issue in dispute, the amount in controversy and the maximum monetary award allowed, pursuant to BPA's Binding Arbitration Policy or its successor. (2) Nonbinding arbitration shall be used to resolve any dispute arising out of this contract that is not excluded by section 8(a) above and is not resolved via binding arbitration, unless Ashland notifies BP A that it does not wish to proceed with non-binding arbitration. (c) Arbitration Procedure Any arbitration shall take place in Portland, Oregon, unless the Parties agree otherwise. The Parties agree that a fundamental purpose for arbitration is the expedient resolution of disputes; therefore, the Parties shall make best efforts to resolve an arbitral dispute within one year of initiating arbitration. The rules for arbitration shall be agreed to by the Parties. (4#f-)~ES-((.:f##f##)), Ashland 80f11 (d) Arbitration Remedies The payment of monies shall be the exclusive remedy available in any arbitration proceeding pursuant to this section. This shall not be interpreted to preclude the Parties from agreeing to limit the object of arbitration to the determination of facts. Under no circumstances shall specific performance be an available remedy against BPA. (e) Finality (1) In binding arbitration, the arbitration award shall be final and binding on the Parties. except that either Party may seek judicial review based upon any of the grounds referred to in the Federal Arbitration Act, 9 U.S.C. ~1-16 (1988). Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. " (2) In non,binding arbitration. the arbitration award is not binding on the Parties. Each Party shall notify the other Party within 30 calendar days, or such other time as the Parties otherwise agreed to, whether it accepts or rejects the arbitration award. Subsequent to non-binding arbitration, if either Party rejects the arbitration award, either Party may seek judicial resolution of the dispute, provided that such suit is brought no later than 365 calendar days after the date the arbitration award was issued. (f) Arbitration Costs Each Party shall be responsible for its own costs of arbitration, including legal fees. Unless otherwise agreed to by the Parties, the arbitrator(s) may apportion all other costs of arbitration between the Parties in such manner as the arbitrator(s) deem reasonable taking into account the circumstances of the case, the conduct of the Parties during the proceeding, and the result of the arbitration. 9. UNCONTROLLABLE FORCES The parties shall not be in breach of their respective obligations to the extent the failure to fulfill any obligation is due to an Uncontrollable Force. "Uncontrollable Force" means an event beyond the reasonable control of, and without the fault or negligence of, the party claiming the Uncontrollable Force, that prevents that Party from performing its contractual obligations under this Agreement and which, by" exercise of that Party's reasonable care. diligence and foresight, such party was unable to avoid. Uncontrollable Forces include, but are not limited to: (a) strikes or work stoppage; (b) floods, earthquakes, or other natural disasters; terrorist acts; and (c) final orders or injunctions issued by a court or regulatory body having competent subject matter jurisdiction which the party claiming the Uncontrollable Force, after diligent efforts, was unable to have stayed, ((!#t),ES-<4##j##)), Ashland 9 of 11 suspended, or set aside pending review by a court of competent subject matter jurisdiction. Neither the unavailability of funds or financing, nor conditions of national or local economies or markets shall be considered an Uncontrollable Force. The economic hardship of either Party shall not constitute an Uncontrollable Force. Nothing contained in this provision shall be construed to require either Party to settle any strike or labor dispute in which it may be involved. If an Uncontrollable Force prevents a Party from performing any of its obligations under this Agreement, such party shall: (1) immediately notify the other Party of such Uncontrollable Force by any means practicable and confirm such notice in writing as soon as reasonably practicable; (2) use its best efforts to mitigate the effects of such Uncontrollable Force, remedy its inability to perform. and resume full performance of its obligation hereunder as soon as reasonably practicable; (3) keep the other Party apprised of such efforts on an ongoing basis; and (4) provide written notice of the resumption of performance. Written notices sent under this section must comply with section 10, Notices and Contact Information. 10. NOTICES AND CONTACT INFORMATION Any notice required under this Agreement that requires such notice to be provided under the terms of this section shall be provided in writing to the other Party in one of the following ways: (a) delivered in person; (b) by a nationally recognized delivery service with proof of receipt; (c) by United States Certified Mail with return receipt requested; (d) electronically, if both Parties have the means to verify the electronic notice's origin, date, time of transmittal and receipt; or (e) by another method agreed to by the Parties. . Notices are effective when received. Either Party may change the name or address for delivery of notice by providing notice of such change consistent with this section. Parties shall deliver notices to the following person and address: <<#IIo>ES,((#####>>, Ashland 10 of 11 If to CITY OF ASHLAND: If to BPA: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Attn: Dick Wanderscheid Director, Electric Utilities 541-488-5357 541,488,5311 wandersd@ashland.or.us Bonneville Power Administration P.O. Box 3621 Portland, OR 97208,3621 Attn: Sheila Gardner - KLK-l COTR 503-230-5991 503,230-3380 sdgardnen@bpa.gov Phone: FAX: E-Mail: Phone: FAX: E-Mail: 11. SIGNATURES The signatories repre'sent that they are authorized to enter into this Agreement on behalf of the Party for which they sign. CITY OF ASHLAND UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration By By Name Name (Print/Type) (Prillt/Type) Title Title Date Date <<:f/:#})ES-({:f#t:##:#,>, Ashland 11 of 11 Exhibit A IMPLEMENTATION BUDGET Effective on the Date Executed by Both Parties 1~ IMPLEMENTATION BUDGET (a) Implementation Budget Amount BPA shall provide 150,000 dollars (the Implementation Budget) for implementation of Conservation Measures. Ashland may invoice BPA up to this total Implementation Budget for Completed Units installed. (b) Implementation Budget Review BPA shall periodically review Ashland's activities. In consultation with Ashland and after providing three months'written notice, BPA may reduce the Implementation Budget. BP A shall take into account factors that Ashland believes will affect future rates of expenditure. If BP A reduces the Implementation Budget, BPA shall revise this Exhibit and send the revised Exhibit to Ashland. However, if requested by BP A, Ashland shall provide a list of potential deemed Measures and custom projects to BPA. Upon receipt of such a list, BP A shall not reduce the Implementation Budget below the level needed to: (1) meet all the estimated costs of deemed Measures and custom projects either approved by BP A, or custom project Proposals that are under review by BP A; and (2) cover the estimated cost associated with all deemed Measures and custom project proposals that have been presented to Ashland by any Consumer, and that, in the opinion of Ashi"and have a high likelihood of gaining Ashland and BP A approval. . ((##}~ES-(i#####~), Ashland 1 of 1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Airport Lease - Increasing Insurance Requirement June 16,2009 Primary Staff Contact: Megan Thornton Legal E-Mail: thorntm@ashland.oLus Public Works Secondary Contact: Mike Faught Martha Benn Estimated Time: 5 minutes Question: Should the City Council approve changes to the standard Airport Master Hangar Lease to increase the insurance requirement to one million dollars and clarify that termination by the City requires cause? Staff Recommendation: Staff recommends Council approve the revised Airport Master Hangar Lease. Background: The Oregon Legislature has approved SB 311, which proposes to increase the maximum amount a person can recover for injuries caused by government negligence. The amount of insurance required on all airport leases should be increased in response to the City's increased exposure. The revised lease increases the insurance amount from $500,000 to $1 million. Language was also added to Section 4 of the lease to specify that a tenant could terminate upon giving 30 days notice, but that the City could only terminate the lease if there was a default by the lessee. (See underlined language below.) No other changes were made to the lease. Term. The term of this lease is month-to-month (unless otherwise specified in the abstract) commencing on the date specified in the front page abstract. A month-to-month lease may be terminated hv the Lessee at anv time upon 30 davs prior written notice to the Citv. The Citv m'av onlv terminate the lease for cause as specified in Section 16 of this lease. For other than month-to-month leases, the term commences and ends on the dates specified in the abstract and a Lessee not in default shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: I) The City Council could the changes to the Airport Master Hangar Lease. 2) The City Council could direct staff to make further changes to the lease. Potential Motions: Council: Molion to approve the consent agenda. Attachments: None. Page 1 of 1 ~.. ._~ CITY OF ASHLAND Council Communication A Resolution Transferrin~ Appropriations Within the FY 2008-2009 Bud~et Meeting Date: June 16,2009 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? Staff Recommendation: Staff recommends approval of the attached resolution to transfer appropriations within specified funds for stated reasons. Background: There are three ways in which to change appropriations after the Budget is adopted. I. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the . paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #1 above) is needed to adjust the FY 2008-2009 budget for the following reasons: . A Transfer of$IOO,OOO will be needed from the Insurance Services Fund Contingency to Materials & Services in the same fund, to provide appropriations to cover workers compensation claims that were higher than expected for this fiscal year. Typically, we budget $100,000 per year. However, due to the high costs this year (over $175,000 as of May) from prior claims staffrecommends a transfer to ensure adequate coverage through the end of the fiscal year. This is the third transfer of appropriations request for FY 2008-2009. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request. Related City Policies: None Page I of2 _.11 w_ '1 CITY OF ASHLAND Council Options: Council may accept this transfer of appropriations as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to adopt the transfer of appropriations resolution, amending the FY 2008-2009 budget. Attachments: Resolution Page 2 of2 ~.t. 1 RESOLUTION NO. 2009- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2008-2009 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: Insurance Services Fund To: Insurance Services - Material & Service From: Insurance Services - Contingency $100,000 $100,000 To Transfer appropriations from Contingency to Insurance Services, Material & Services to cover cost over runs for Workers Compensation claims. Total To: Department Appropriations $100.000 Total From: Contingency . $100.000 SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of June, 2009 and takes effect upon signing by the Mayor. 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 of 1 CITY OF ASHLAND . Council Communication Meeting Date: Department: Secondary Dept.: An Intergovernmental Agreement with Jackson County and Klamath County for Building Inspection Services June 16,2009 Primary Staff Contact: Community Development E-Mail: Legal Secondary Contact: Approval: Estimated Time: Bill Molnar, molnarb@ashland,or,us Richard Appicello, Mike Broomfield Consent Question: Should the Council authorize signature of an Intergovernmental Agreement with the Counties of Jackson and Klamath to provide building inspection services? Staff Recommendation: Authorize the signature of a contract (IGA) entitled "INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES" with the County of Jackson, Board of Commissioners and the City of Ashland, Authorize the signature of a contract (IGA) entitled "INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES with the County of Klamath, Board of Commissioners and the City of Ashland, Background: Since the mid 90's, the City of Ashland and Jackson County have made certified inspectors available on dates requested by the other party to perform building inspections, This activity was previously agreed upon under Intergovernmental Agreement dated May 10,2001. More recent mutual benefit is available for similar agreement with Klamath County for building inspections services requested by either party. These agreements are efforts to provide new revenue streams in the next fiscal year. Currently the city has agreements in effect with other authorities having jurisdiction including The City of Medford and Oregon Building Codes Division (#90G00091), Those agreements have produced revenue which totaled more than half the required FTE reduction goals set in past fiscal years. Both Klamath County and the Jackson County Jurisdiction anticipate use of our staff to support their programs (reduced by attrition) in the coming year. Work under the multiple IGA's in the coming year is projected at the same level as the activity in current cycle ($28,000.) This activity will not detract services levels for the customers of the City of Ashland Building Division. Should local activity increase, inspectors would return to normal work weeks (FTE reduction work schedules are currently in effect) to maintain services consistent with the demand, Related City Policies: Intergovernmental Agreement Contract (Building Codes Division) #90G00091 Council Options: . Approve the Intergovernmental Agreements and refer to the Mayor for signature, Page I of2 r~' CITY OF ASHLAND Refer the agreement to the building division for modifications noted in council action. Potential Motions: Motion to approve Intergovernmental Agreement with the County of Jackson, Board of Commissioners entitled "INTERGOVERMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES" and refer to the Mayor for signature, Motion to approve Intergovermental Agreement with the Klamath County Board of Commissioners entitled "INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES" and refer to the Mayor for signature, Attachments: Intergovernmental Agreement entitled "INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES" (Jackson County), Intergovernmental Agreement entitled "INTER GOVERNMENT AL AGREEMENT FOR BUILDING INPSECTION SERVICES" (Klamath County), Page 2 of2 _.111 r_~ JACKSON COUNTY oregon Development Services Kathy Cote Associate Bllildinx OjjkiaJ 10 South OakdaJe Room 100 Medford, OR 97504 Phone: 541.774.6933 Fax: 541-774-6791 coteka@jacksoncounly_org www.jackSOncQunty.org May 20, 2009 Mike Broomfield City of Ashland 15 Winburn Way Ashland OR 97520 RE: Intergovernmental Agreement Dear Mike Broomfield: Enclosed are three copies of the Intergovernmental Agreement (lOA) for Building Inspection Services, I've changed the maximum amount to $12,000 (current lOA is $18,000) otherwise it is the same. Please review and let me know should you need changes, Please return all three documents with the original signature. Once I receive them I will send to our County Administrator for his signature. One originally signed document will then be sent to you. Let me know if you have any questions, Sincerely, , <, ,j:,{ (,," {: ( . " \.' ~I\ C:c. Kathy Cote Associate Building Official enclosure mTERGOVERNMENTALAGREEMENT FOR BUILDmG mSPECTION SERVICES This agreement, hereinafter referred to as "Agreement", is made and entered into by and between the County of Jackson, Board of Commissioners, herein after referred to "County", and City of Ashland ("City"). STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "mTERGOYERNMENT AL COOPERA noN", the County is authorized to jointly provide for the performance of a function or activity in cooperation with a"unit of local government" that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190,030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITAL 1. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and 2. The County and the City require the services of qualified building inspectors for the performance of routine building code inspections; and 3. The County and the City. employ inspectors with the particular training, ability, knowledge, and experience to meet the needs of the County and the City. NOW, THEREFORE in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The recitals set forth above are true and correct and are incorporated herein by this reference. Intergovernmental Agreement - Jackson County / - I 2. COOPERA nON AND SERVICES TO BE SHARED a. County Responsibilities: 1) The County shall make available to the City Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the City. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and Jackson County Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference, The County Inspectors providing services to the City pursuant to this Agreement shall have all jUlisdiction, authority, powers, functions, and duties of the City Inspectors with respect to any and all violations of State Law and City Ordinances. b. City Responsibilities: 1) The City shall make available to the County Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the County, Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Jackson County Building Official and Ashland Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference, . The City Inspectors providing services to the County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the County Inspectors with respect to any and all violations of State Law and County Ordinances. , 3. APPORTIONMENT FOR FUNDING a. The County shall promptly reimburse the City for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70,00 per hour, not to exceed $12,000 for the initial contract term, b. The City shall promptly reimburse the County for the actual expenses incurred for the services provided, For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70,00 per hour, not to exceed $12,000 for the initial contract term, 4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. The County and City will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City and the County are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. The Agreement does not change the status of any employee, contractor or officer of the City or County, Intergovernmental Agreement - Jackson County f - 2 5. LIMITATIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other pany under this agreement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including, but not limited to, delay, or interruption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services, 6. INDEMNIFICA TION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each Pany to this agreement shall be solely responsible for its own actions and/or failure to act and shall indemnify and hold the other party harmless from any liability, cost or damage arising therefrom. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents, The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 7. TERM OF AGREEMENT The term of this Agreement shall become effective upon the date which this Agreement is fully executed by all Parties and shall continue in full force until June 30,2010 or until earlier terminated as provided herein. 8. TERMINA TION a. Mutual Consent. This' contract may be terminated at any time by mutual consent of both parties, b. Parties' Convenience. This contract may be terminated at any time by either Pany upon 30 days' notice in writing and ~elivered by certified mail or in person, c. For Cause. Either party may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to the City or County, or at such later date as may be established by the County, under any of the following conditions: 1) If any license or certificate required by law or regulation to be held by the City or the County to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed, Intergovernmental Agreement - Jackson County / - 3 d. For Default or Breach. 1) Either County or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party gi ving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 2) Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term shall be waived or deleted except in writing signed in advance by the parties. 3) In the event of a dispute relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation, The parties will share the administrative costs of the mediation and the mediator's fees equally, Mediation fees shall be limited to those customarily charged in Jackson County, Oregon by state court appointed mediators, The parties will attempt to jointly select a mediator within ten (10) days of a party giving notice to the other party of its desire to undertake mediation. In the event the parties cannot agree to a mediator within such ten (10) day period, then within five (5) days thereafter, each shall select a mediator, and the two selected mediators will designate a third mediator who will then mediate the dispute. The first two mediators may charge the choosing party for its services to select the third mediator, In the event mediation fails to resolve the dispute, a party may commence legal proceedings, and in such case each party shall be responsible for its own costs and attorneys' fees incurred in connection which such proceedings, 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Jackson County Attn: Kathy A Cote 10 South Oakdale, Room 100 Medford, OR 97501 Phone: 541-774-6933 City of Ashland Attn: Mike Broomfield 51 Winburn Way Ashland, OR 97520 Phone: 541-488-5309 Intergovernmental Agreement - Jackson County / - 4 10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. c. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND All. PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY All. PARTIES HERETO. IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. JACKSON COUNTY OREGON CITY OF ASHLAND OREGON Danny Jordan Administrator Date John Morrison Mayor Date Approved As To Legal Sufficiency: County Counsel Intergovernmental Agreement - Jackson County / - 5 STATEMENT OF WORK EXHIBIT A Through this Agreement the City of Ashland agrees to perform site built electrical, plumbing, and structural/mechanical and manufactured home set up inspections on behalf of Jackson County and Jackson County agrees to perfonn site built electrical, plumbing and structural/mechanical and manufactured home set up inspections on behalf of the City of Ashland. A. The City of Ashland shall: When perfonning site built inspections for the County: I. Comply with all requirements and regulations of the ORS's and OAR's pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured . home programs, 2. Provide State of Oregon certified/licensed inspectors. 3, Perfonn electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the County within two (2) business days. 4. Complete Inspection Report Ponn at the time of inspection (fonn provided by the County). Return Inspection Report Ponn with correction notes to the County at end of inspection day, 5. Provide identification upon entering ajob site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the County a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the County: I. Provide all necessary fonns 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and pennit number and infonnation. Intergovernmental Agreement - Jackson County / - 6 B. The County shall: When performing site built inspections for the City: 1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2, Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the City within two (2) business days. 4, Complete Inspection RepoI;l Form at the time of inspection (form provided by the City), Return Inspection Report Form with correction notes to the City at end of inspection day. 5, Provide identification upon entering ajob site and the reason for the site visit. 6, Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the City a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the City: 1. Provide all necessary forms 2, Give a minimum of one day notice prior to an inspection, 3, Provide site location. type of inspection needed, and permit number and information. Intergovernmental Agreement - Jackson County 1- 7 Community Development Department : IGA for Klamath County Please sign return a signed copy to Klamath County Building our address is 305 Main Street, K]amath Falls OR 9760], attn: Stephanie Brown If '---"" Stephanie Brown Manager of Klamath County Community Development 54] -883-4216 1 INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES 'ThiS Agreement is made and entered into this Ji day of '1Yl~ ,2009 by and between KLAMATH COUNTY, a political subdivision of the ate of Oregon, hereinafter referred to as "Klamath," and THE CITY OF ASHLAND, an Oregon municipal corporation, hereinafter referred to as "Ashland." RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. Klamath County requires the services of qualified building inspectors for the performance of Oregon State Building Code compliant commercial and residential building code inspections; and . C, The City of Ashland employs building inspectors with the particular training, ability, knowledge, and experience to meet the needs of Klamath County; and NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1, RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. [ORS 190.020(1)(e)], The term of this Agreement shall commence and the agreement shall be effective after execution by both parties and shall expire on December 31, 2009, unless administratively extended in writing as provided for herein. The Ashland City Administrator may extend this Agreement twice, by twelve (12) months each extension, by indicating in writing to Klamath County that an extension of the Agreement is sought under the same terms and conditions, of this Agreement. Provided however, that the rate of compensation set forth in paragraph 4 below is subject to any cost of living increase paid the applicable City of Ashland Building Department staff for the extension period. The extension shall be effective only upon receipt of a document from an authorized Klamath County representative consenting to the extension under the same terms and conditions 3, FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. The City of Ashland shall make available to Klamath County, City of Ashland Building Inspectors with the qualifications and state certifications necessary to perform the inspections requested by Klamath County, This Agreement contemplates Ashland providing inspections for plumbing, electrical, mechanical, and structural purposes, together with plan review services and such other services as may be mutually agreed upon by the parties, Inspectors shall be made available on those dates and at those times (a schedule) as [ntergovernmental Agreement for Building Inspection Services Page I of5 are mutually agreed upon between the Ashland Building Official and the Klamath Building Official. Ashland shall provide Klamath with periodic reports at the frequency and with the information prescribed to be reported by Klamath. The City of Ashland Inspectors providing seNices to Klamath County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the Klamath County Building Inspectors with respect to any and all violations of State Law, the Charter or ordinances of Klamath County. It is agreed by and between the parties that Ashland is carrying out a function on behalf of Klamath, and Klamath has the right of direction or control of the manner in which Ashland delivers seNices under this agreement and exercises control over the activities of Ashland when providing agreed upon seNices, 4. PAYMENT. tORS 190.020(1)(a)]. Klamath County shall promptly reimburse the City of Ashland for the actual expenses incurred for the seNices provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $75,00 per hour, not to exceed $25,000 for the initial contract term. No other incidental costs shall be reimbursed, However, if the hours worked by an Ashland employee for seNices performed under this Agreement exceeds 40 hours in a work week, Klamath agrees to pay Ashland for all hours worked by the employee in excess of 40 hours in a work week at the rate of 1 Y, times the hourly rate being paid to Ashland for the seNices of the employee performing the seNices. Klamath's performance of its obligations hereunder is conditioned upon Ashland's compliance with the provisions of ORS 2798.220, 279B.230, and 279B.235 for work related to this agreement, which are incorporated herein by this reference. 5. REVENUE. [ORS 190.020(1)(b)]. All costs, fees, fines and charges, collected as a result of the work performed by City of Ashland building inspectors pursuant to this Agreement shall be the property of Klamath County. No revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties, 6. PERSONNEL. tORS 190.020(1)(c)]. No employees will be formally transferred pursuant to this Agreement. The City of Ashland will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. Klamath County and the City of Ashland are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entities. 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(1 )(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 8. TERMINATION. [190.020(1)(f)]. This Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon thirty (30) days notice in writing and delivered by certified mail or personal seNice. In the event of termination of the Agreement, Klamath County shall pay for all seNices rendered by Intergovernmental Agreement for Building Inspection Services Page 2 of5 the City of Ashland to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 9. HOLD HARMLESS. It is the intention of the Klamath County to be solely responsible for the actions of the City of Ashland inspectors while acting pursuant to this Agreement for the sole benefit of Klamath County with the full power and authority of the Klamath County Building Department. Accordingly, to the extent permitted by Article 11, Section 7, and Article 11, Section 10 of the Oregon Constitution and the Oregon Tort Claims Act, Klamath County shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages or injuries, liability of damage that anyone may have or assert by reason of any error, act or omission of the City of Ashland building department personnel in the performance of his/her duties under the terms of this Agreement. It is further agreed and understood that neither party is, by virtue of this Agreement, a partner or joint venturing with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity 'of the remainder of this indemnification. 10, METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Attn: Martha Bennett City Administrator 20 East Main Street Ashland, Oregon 97520 Phone: 541-488-2100 Fax: 541-552-2092 Klamath County Building Division Attn: Rochelle Putnam 305 Main Street Klamath Falls, OR 97601 Phone: 541-883-5121 option 1 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all. other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 11. NON-DISCRIMINATION. Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer Intergovernmental Agreement for Building Inspection Services Page 301'5 discrimination in the performance of this agreement when employed by' either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub, L. No. 101- 336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 12. ATTORNEY FEES, In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 13. NO WAIVER. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 14. SEVERABILITY, Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 15. HEADINGS.. The headings of this Agreement are for convenience .only and shall not be used to construe or interpret any provisions of this Agreement. 16, APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 17. ASSIGNMENT/DELEGATION.. Ashland shall not delegate the responsibility for providing services hereunder to any other individual or agency, Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 18. MERGER. this writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties, 19. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. Intergovernmental Agreement for Building Inspection Services Page 4 of5 " . . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. Dated this ft day of '-f'Y7. j- , 2009. Klamath County, Oregon Dated this i 1 of J1Y)tLI.::.-,2009 U BOARD OF COUNTY COMMISSIONERS o/~ )') '------- AL SWI ER, COMMISSIONER Approved as toForm: 4:/' City of Ashland, Oregon By: JOHN STROMBERG, MAYOR City of Ashland Approved as to Form: City Attorney Intergovernmental Agreement for Building Inspection Services Page 5 of 5 ' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dep!.: Approval: Appointment to Tree Commission June 16,2009 Primary Staff Contact: City Recorder E-Mail: Mayor's Office Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christeb{cV,ashland.oLus Mayor Stromberg Consent Question: Does the City Council wish to confirm the Mayor's appointment of Casey Roland to the Tree Commission with a term to expire April 30, 2012? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Tree Commission on application received. There are currently two vacancies on this commiSSIOn that were not filled during the annual appointment process. Related City Policies: Ashland Municipal Code (AMC) Chapter 2,17,020 Council Options: Approve or disapprove Mayor appointment of Casey Roland to the Tree'Commission. Potential Motions: Motion to approve appointment of Casey Roland to the Tree Commission with a term to expire April 30,2012. Attachments: Application received Page 1 of I ~.l' CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO . CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christ.bW>ashland.or.lls. I f you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name CAsE-tj Requesting to serve on: AShfMn() T~ Address / gcJ 0 fI /0 .s T ASJlOfnIJ ,'DC. 'Wr .2.u ; Occupation A/!!.J3e>4~ . Rofrw, fj (COmmis~ommi:e2> Phone: Home '18&'-078-2. Work . '. EmaiICqs&'f P ~rq...d -rf.Ll-c.A(lLdV~ I Fax .~ I. Education Backl!round What schools have you attended? SJ?I-I, '5 .5" Ie... :s c.. , IVIA I What degrees do you hold? What additional training or education have you had that would apply to this position? QUPc4'(;'f;1l 1/k.L c/tAfUr"lCf' -rM'f:. -rlt{N1~f!A: , I"'I~'/ . , we Is;tl C'lltT/r,'ft) A-Jl~sr :1#6'71, Iq::JO (nfff CvtLli-vrr) 2. Related EXDerience What prior work experience have you had that would help you if you were appointed to this position'! 30 'I~5 e/,i#, 6/,,/ iJlAnr7j .tf'1ttA4,;"ej ./ . i!UnlJt/IWJ D.o you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? r~' RECEIVED MAY 22 lOt.q . Ii) t..J A ~r. 600 ~/oc.jc A-sH'unfJ of' 3. Interests Why are you applying for this position? 4, Availability Are you available to attend special meetings, in addir.ion to the regul~ schedul~d meetings? Do you prefer day or evening meetings? yf:-5 (/<-v(. / W"i / ./ 5. Additional Information How long have you lived in this community'! s y~> Please use the space below to summarize any additional qualifications you have for this ,position t:./~J'~.s'il), W1QW, ~ EI-15'"i//l-e(J rnPlr,vk:T'7/l, 11'4:7.. SVtA/(CL otJ#ciL. s-- 22 -01 ~~re 2( Date , ~.1' CITY OF ASHLAND Council Communication 2009-2010 Contract with the Chamber of Commerce Meeting Date: Department: Secondary Dept.: Approval: September 2, 2008 Administration Finance/Admin, Martha J, Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Martha J. Bennett bennettm0lashland,or. us Lee Tuneberg consent Question: Does the Council approve the proposed contract with the Chamber of Commerce for FY 2009-2010 in the amount of$275,000? Staff Recommendation: Staffrecommends that Council adopt the attached contract. Background: The City has relied on the Chamber of Commerce to provide visitor and convention bureau services and certain economic development services for many years, In February 2009, the City Council specified that it wishes to allocate $275,000 to the Chamber for the upcoming fiscal year. Unique from past years, this allocation is 100% from the tourism portion of the transient occupancy tax proceeds, meaning that the grant must be used for purposes that meet the State of Oregon's definition of tourism. The Council did not allocate any funds for economic development for the upcoming fiscal year. Given this direction, staff recommends the following changes in the contract from last year. . Deleting all provisions that relate to the economic activities that the Chamber had previously conducted on the City's behalf. This also reduces the Chamber's reporting requirements on their economic development activities, . Adding,a goal for the VCB to promote Ashland as a destination for people interested in sustainability.Staffbelieves the VCB already does this to a large extent, so this would be an expression of a goal for the City's grant rather than a change in the particular work we are asking the Chamber to do, . Increasing the amount of liability insurance the Chamber carries for incidents and for personal injury from $500,000 to $] ,000,000, . Staffhas sent these revisions to the Chamber of Commerce, and the Chamberhas not reflected major reVISIOns. Both staff and the Chamber believe that the Chamber of Commerce will continue to be an important partner in economic development in Ashland and that two things need to be acknowledged with this contract. First, the Chamber should be im important player in creation of an economic development strategy, Second, assuming TOT collections do grow again in the future, the City may want to contract with the Chamber to perform certain economic development tasks in future fiscal years, This contract is for one year. Page I 0[2 r~' CITY OF ASHLAND Related City Policies: This contract implements part of the economic element (Chapter 7) of the comprehensive plan Council Options: Council can approve this grant agreement with the Chamber. Council can provide additional direction to staff for amendments to the grant agreement Potential Motions: . I move to approve the grant agreement for FY 2009-2010 with the Ashland Chamber of Commerce. . I move to approve the grant agreement with the following amendments (list them) . I move to direct staff to revise the agreement in the following ways (list them) and bring it back for consideration by the Council. As part of this motion, the Council is authorizing staff to continue to make monthly payments to the Chamber until the contract is adopted, Attachments: Draft contract Page 2 of2 r~' CITY OF ASHLAND Agreement for Services Between. City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2009-10. Recitals A. The VCB shall receive $275,000 for promoting tourism in Ashland based upon Ashland City Council Resolution 2008-35 on October 10, 2008 and Council direction on February 17, 2009, Expenditures of these funds must meet the requirement of ORS 320.300 through ORS 320,350. B, The City, Chamber and VCB now enter into this Agreement. Purpose The City grants funds to the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland and to visitors who stay overnight in Ashland. Promotion includes advertising, publicizing, distribution of printed materials, rnarketing special events and festivals, conducting strategic planning, visitor center management and research necessary to stirnulate tourism development. VISITOR AND CONVENTION SERVICES In conducting the work under this grant, the Chamber will emphasize in its Visitor and Convention Bureau (VCB) activities: . Ashland as a high quality destination in the winter, spring, and fall as well as the surnmer. . Ashland as a destination for people of all ages, including families with young and school-aged children . Ashland as a center for cultural, social, and intellectual pursuits . Ashland as a center for high quality outdoor recreational opportunities . Ashland as a community with sustainability values. VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy to maintain current levels of tourism in the summer months and increase tourism in fall, winter, and spring, This strategy should rely on the best available research into visitor behavior and best practices in the VCB industry, 2. The VCB will help the City leverage its investment into cultural and economic development grants by promoting the events and performances of groups that receive small grants from the City. 3, The VCB will provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing. 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community. ~~, 5, The VCB will market and promote festivals and events in the fall and early spring, especially those provided by other recipients of cultural and economic development grants from the City, 6. The VCB will develop specific marketing campaigns targeted at attracting visitors in the shoulder . and winter season and at extending the length of stays of visitors in the summ,er months, 7. The VCB will develop an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base, REQUIRED REPORTING The Chamber shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities. The report should include: 1, A summary and analysis of the specific steps taken to perform the tasks in this contract for VCB activities. 2. Performance Measures. The Chamber shall include data that measures its effectiveness in tourism promotion in its report, At a minimum, the Chamber will include data that measures the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the grant year over the previous year. The City will assist in providing this data to the Chamber. The report should analyze and describe how tasks identified in this grant agreement affected TOT and F&B tax collections. The City also requests that the Chamber work with the lodging industry to produce reports about occupancy rate in local lodging establishments, by quarter, in such a way that this data can be tracked over time. 3, A report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland. Include samples of advertising, which include family, quality of life and educational opportunities. The report should include a description of the specific promotion activities targeted at attracting visitors to Ashland during the fall, winter and spring, Include samples of advertising, which include family, quality of life and educational opportunities, 4. A report about the VCB's analysis of the viability of new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to support other recipients of cultural and economic grants from the City, 5. A report on activities by the Chamber on projects conducted in cooperation with other organizations, businesses, and people to support the work of this contract. General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds, Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination, 2 JIr.. r.. ., 4, Financial Records and Inspection. Grantee includes in the annual report to the City a) copies of 501@ letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this grant). Grantee's report should show the relative share of City funds expended compared to overall project funds, 5. Living Wage Requirements, If the amount of this agreement is $18,088 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3,12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6, Default. If Grantee fails to remedy any material breach of any of Grantee's obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if Grantee fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this agreement, the City, by written notice of default to the Grantee, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity, Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards, 7, Amendments, The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties, Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services relating to Grantee's obligation under the terms of this agreement), Grantee shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City, ) 9, Insurance, Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or $1 ,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any grant funds. 10, Entire Agreement. This agreement constitutes the entire agreement between the parties, There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Grantee, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. 3 ~~, 11, Dispute Resolution, In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action, 12, Notices and Representatives, All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representa'tives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions, City of Ashland Ashland Chamber of Commerce and Visitor and Convention Bureau By By Title Title Date Date 4 ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: AFN Franchise Extension June 16,2009 Primary Staff Contact: CityAttomey's Office E-Mail: Administration Secondary Contact: Martha Bennett Estimated Time: Richard Appicello Appicelr@ashland,or.us Martha Bennett Consent Agenda Question: Should the City Council extend the AFN Franchise to correspond with the AHN contract for cable television services while the parties negotiate replacement documents? Staff Recommendation: City Legal and Administration staff both recommend approval of the attached extension, Background: The AFN franchise expires on June 30, 2009, The AHN Agreement runs through September 22,2009 with allowance for two, one year extensions, The City and AHN are negotiating replacement documents, a Lease / Operations Agreement and a new franchise for AHN, The negotiations are not anticipated to take more than a few more months, Related City Policies: AMC Title 16, " Council Options: (I) Grant extension to September 22, 2011 consistent with AHN agreement. (2) Grant extension only to September 22, 2009, Potential Motions: Motion to approve attached Extension Agreement for AFN franchise Attachments: AFN Extension Page I of I r.l' FIRST AMENDMENT TO ASHLAND FIBER NETWORK FRANCHISE AGREEMENT WHEREAS, on August 17, 2004 the City of Ashland (City) and Ashland Fiber Network, (AFN) entered into a Cable Television System Franchise Agreement for the operation and maintenance of a cable franchise system within the City of Ashland, Oregon; and WHEREAS, City contracted with Ashland Home Net (AHN) on September 22, 2006 for the operation of cable television services under the franchise; and WHEREAS, City and AHN are negotiating extension of the AHN contract for cable television services as well as a franchise for AHN to directly serve Ashland customers; and WHEREAS, AHN's contract currently allows for two, one-year extensions from the September 22, 2009 termination date; and . WHEREAS, AFN's franchise should be extended to correspond with the termination date of the AHN contract for cable television services, including allowed extensions while the parties negotiate replacement documents; and WHEREAS, it is in the public interest to further extend the current Franchise for an additional period of time so that cable service to the public will not be interrupted. NOW, THEREFORE, the AFN Franchise Agreement shall be extended from June 30, 2009 through September 30, 2011 or until a new AHN Lease/Operations Agreement and Franchise Agreement is negotiated and approved, whichever comes first. APPROVED this _ day of ,2009 City of Ashland, Oregon By: John Stromberg, Mayor ACCEPTED this _ day of Ashland Fiber Network By: Michael Ainsworth, Interim Director Ashland Fiber Network 6-16-09 CITY OF ASHLAND Council Communication Public Hearing to Increase Miscellaneous Fees & Charges Repealing Resolutions 2001-05,2007-34, and 2008-29, and Repealing the Hourly Service Charge section of Resolution 1999-29 Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: June 16,2009 Administrative S None Martha Benne Lee Tuneberg tuneberl@ashland,or.us None 15 minutes Question: . Will the Council approve increases to the Miscellaneous Fees & Charges listed below repealing Resolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 1999-29? Staff Recommendation: Staff recommends Council adopt the attached resolution establishing or adjusting miscellaneous fees and charges repealing Resolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 1999-29, Background: The City of Ashland has many resolutions and ordinances that set specific rates and fees for the multitude of services rendered to the public. Most fees and charges relate to the utility services provided however there are a host of services provided that have routinely had a "service" fee associated with them. This resolution will consolidate previous miscellaneous charges set by the listed resolutions and correct for timing problems for implementation, Departments bring to Council specific rate adjustments for utilities, enterprises and programs such as impact fees or local improvements as needed, As rate models are reviewed and updated, many of these miscellaneous charges and fees will be incorporated into other resolutions that are industry specific, Most fees and charges remain unchanged, New charges and increases are highlighted. Older resolutions that would no longer be applicable with the approval of this resolution are repealed. The proposed charges are listed on the attached resolution and additional justi fication for implementing them can be found in the attached memorandums. Related City Policies: Outside of the established financial gt;lal for maintaining a financially viable city, no formal policies can be specifically identified relating to miscellaneous charges and fees. Page 1 of2 ~.l' CITY OF ASHLAND Council Options: Approve the attached resolution as presented, Revise elements of the resolution before approving the resolution. Leave rates at current levels and consider changes at a later time. Potential Motions: The Council moves to approve the resolution establishing or adjusting miscellaneous fees and charges repealing Resolutions 2001-05, 2007-34, and 2008-29 and repealing the Hourly Service Charge section of Resolution 1999-29, Attachments: Resolution Contributing department memorandums: It Department memo dated May 26, 2009 Finance Department memo dated June 9, 2009 Public Works Department memos dated May 26,2009 and June 8, 2009 City Recorder memo dated June 9, 2009 Resolutions to be repealed Page 2 of2 ~~, RESOLUTION NO. 2009- A RESOLUTION ADOPTING MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY AND REPEALING RESOLUTIONS 2001-05, 2007 -34, and 2008-29, AND REPEALING THE HOURLY SERVICE CHARGE SECTION OF RESOLUTION 1999-29. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland provides certain miscellaneous services to citizens and customers through out the year as part of regular city business, These services are normally provided at the request of the customer, or are caused by the customer when applying for utility systems improvements. or are a part of normal accounts receivable collection activities. SECTION 2, The proposed fees below either fall outside of existing fees established by resolution or ordinance and will be incorporated within the appropriate process as all . fees are reviewed and updated or have been set by resolution and are in need of adjustment. SECTION 3. The fees and charges established by this resolution are reasonably based upon related costs to the city, Table A will take effect October 1, 2009 and will be reviewed each year and adjusted accordingly based upon the CPI each March effective July 1, The first review and possible increase will be March 2010 effective July 1. 2010. These fees include: Table A: Effective Effective Method/Service 10/1/2008 10/1/2009 Administrative Services Department Administrative Billing Charge( up to 10%) I Per billing_ Repealing Resolution 2008-29 City Recorder Copy Fees Black & White Letter/Legal Single,sided $ 0.20 $ 0,20 Each Letter/Legal Double,sided OAO 0,40 Each Tabloid Single'sided OAO OAO Each Tabloid Double,sided 0.80 0.80 Each Copy Fees Color Letter/Legal Single'sided 1.50 1. 50 Each Tabloid Single'sided 3,00 3,00 Each Audio Tapes Citizen provides blank tape 100 100 Each City provides blank tape 5.00 5.00 Each ,Page 1 of 4 Processing Fee Liquor License-Temporary 10.00 10.00 Each Liquor License-New 100.00 100.00 Each Liquor License-Change in owner 75.00 7500 Each Liquor License-Annual Renewal 35.00 35.00 Each Taxicab License-New 250.00 250.00 Each Taxicab License-Annual Renewal I 100.00 . . 200.00 Vehicle Lien Searches-Routine 20.00 20.00 Each Lien Searches-Rush 30.00 30.00 Each Fire Department FireMed Annual Household Fee-Annual renewal $ 52.00 $ 52.00 Household Emergency Medical Service Fee 250.00 250.00 Patient Fire Department Reinspection Fee 75.00 75.00 Reinspection Repealing Resolution 2007-34 Information Technology AFN Retail Rates: AFN Bronze Excludes VolP Support $ 19.99 $ 19.99 Month AFN Silver Excludes VolP Support 34.99 34.99 Month AFN Gold Includes VolP Support 39.99 39.99 Month AFN Platinum Includes VolP Support 79.99 79.99 Month AFN Anywhere/Out ofTown Rates Charge beyond City limits 44.99 44.99 Month AFN Wholesale Rates: AFN Bronze Excludes VolP Support 14.99 14.99 Month AFN Silver Excludes VolP Support 23.99 23.99 Month AFN Gold Includes VolP Support 26.45 26.45 Month AFN Platinum Includes VolP Support 66.45 66.45 Month Monthly Billing Minimum 1,500.00 1,500.00 Month Static IP: AFN Gold First address 25.00 25.00 Month AFN Platinum First address 25.00 25.00 Month Additional Static IP: AFN Gold Each additional to 6 total 1000 10.00 Month AFN Platinum Each additional to 6 total 10.00 10.00. Month , Dynamic IP: AFN Gold Per address 5.00 5.00 Month AFN Platinum Per address 5.00 5.00 Month Repealing Hourly Service Charge of Resolution 1999-29 Only ISP/Retailer AFN "field tech" Charge 1$ 35.00 per hour Page 2 of 4 Table B will take effect August 1, 2009 and will be reviewed each year and adjusted based upon the CPI each March effective August 1. The first review and possible increase will be March 2010 effective Auqust 1,2010. Table B: Method/Service Effective 10/1/2008 Repealing Resolution 2007-34 PD Report Request Police Department 10 pages or less 11 pages or more 12.00 $ 15.00 $ Penalty for no Permit Block Party Encroachment ROW Closure ROW Closure ROW Closure Sidewalk Dining Public Works Add 50% to established fee StreeUSidewalk closure Permanent Sidewalk Parking Space Street Initial fee Annual renewal Varies 56,00$ 56.60 56.00 56.00 174.00 250.00 31.00 Varies $ Driveway Painting Permit Special Vehicle Permit Initial fee Annual renewal Pre APP Map Select GIS Utility Data on Disk Plotting Fee New Address Assignment Fee Street Name Approval Fee GIS Hourly Rate Per utility, per quarter-quarter section Per square foot Per address number Per street Per hour Community Development Standard Zoning Permit $ 25.00 $ Effective 8/1/2009 12.00 Occurrence 15.00 Occurrence Occurrence 15;00. . Occurrence 180.00 Occurrence 15.00 Occurrence 15.00 Occurrence 174.00 Occurrence 250.00 Application 31.00 Seat 15.00 Occurrence 250.00 Initial 100:0() Per 20.00 Each 37.50 6.00 35.00 100.00 75.00 25.00 Occurrence Table C will take effect August 1, 2009 and will be reviewed each year and adjusted accordingly based upon the ENR each May effective August 1. The first review and possible increase will be May 2010 effective Auqust 1, 2010. Table C: Method/Service Effective 10/1/2008 Effective 8/112009 Repealing Resolution 2007-34 Electric Blower Door Leak Test Duck Leak Test 50.00 $ 50.00 50.00 Test 50.00 Test $ Page 3 of 4 SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 5. Classification of the fee. The fees specified in Section 1, Section 2 and Section 3 of this resolution are classified as not subject to the limits of $ection 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 6. This resolution was duly PASSED and ADOPTED this of , 2009, and takes effect upon signing by the Mayor. day 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 CITY OF ASHLAND Memo DATE: June 9, 2009 FROM: Barbara Christensen, City Recorder RE: Misc. Fees for annual Resolution Please include in the annual Resolution for Misc. Fees the following: Correction to Annual Renewal of Taxi Certificates $200.00 per vehicle Original Resolution set the fee at $200. Incorrect amount of $ I 00 was indicated on 2008 Resolution that set the annual miscellaneous fees. This corrects and sets the proper fee. Barbara Christensen City Recorderrrreasurer , City Hall City Recorder's Office 20 E Main Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 ~:., Memo CITY OF ASHLAND Date: From: To: Re: June 8, 2009 Nancy Slocum Mike Faught, Lee Tuneberg Recommendation for Engineering Fee Changes Below is a list of recommended engineering fee changes along with their justification. I used fees effective August 1,2008. Fees are likely to increase by the CPI each year as with other engineering fees. DRIVEWAY P AlNTlNG PERMIT $15 (increased from $6) BLOCK PARTY $15 (reduced from $56) ENCROACHMENT (PERMANENT) $180 (increased from $56) SPECIAL VEHICLE PERMIT $250 Initial Fee, $IOO/year per vehicle annual renewal (this is a new category) ROW CLOSURE-SHORT TERM* $15 each permit (reduced from $58, also a new category) *Sidewalk and Parking Spaces Only - Does not include road closures DRIVEWAY PAINTING PERMIT ($15) After having continuing problems with permit holders painting curbs without permission and most times in the wrong color yellow, we recommend following Medford's lead and include a can of paint with each permit. This would increase the fee from $6 to $ I 5, still affordable enough that people would come in and would be a timesaving for them as they don't have to figure out where to and what paint to buy. A can of paint costs $3.89. BLOCK PARTY ($15) There has been a lot of political fallout when this fee was instituted in 2006. The community building benefits of block parties are well established and thus encouraged in Ashland. As such, it was previously a free permit administered by Administration. Administration was not familiar with MUTCD approved signs and many people would use lawn chairs and coolers to close the street. There was also no procedure. to notice agencies in order to allow clearance for emergency vehicles. When Public Works became responsible for these permits in 2006, it was decided to treat them as a road closure ($180), but charge them as a sidewalk closure ($58). In 2007 we issued six permits and only two permits in 2008. (We wonder how many parties have actually been held without permits.) We created a new permit form and user friendly instruction sheet ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 . WMY.ashland.or.us Tel: 541/488-5347 Fax: 541/488-0006 TTY: 800/735-2900 .. ~.l' C:\DOCUME-1\shipletdILOCALS-1ITemp\08 09 Fee Increase Memo to Faughl 060809.doc that helps residents and also keeps staff time to a minimum. In addition we allow neighbors to borrow (with a deposit) cones and signs from the Street Department to make sure standards are met. We think $15 for a permit is affordable and could be publicized in the City Source to encourage block parties once again. SPECIAL VEHICLE PERMIT (initial fee $180, then $58 per year) With complaints about the current pedicab and the potential for wine tour vehicles, the cost te administer the permit has increased. The recently revised ordinance split the Special Vehicle Permit into its own section (attached). Since the separation, staff has experienced an increase m time to process permit applications. In addition, if it is decided to have the Transportation Commission Subcommittee review the application, then a staff report may be needed. Public Works staff must also make sure the permittee has a business license, insurance, and a sign permit. We also handle complaints from the public. Therefore, staffrecommend increasing the cost for a permit from $58 to $250 for the initial fee plus $100 per vehicle annual permit renewal fee. ROW CLOSURE - SHORT TERM (LESS THAN 72 HOURS) ($15) This additional fee item, like the Driveway Painting Permit, has the goal to encourage people to obtain the permit therefore assuring MUTCD standards are met. This lower fee would not pertain to road closures. I know of two examples where a permit cost of $ I 5 would be appropriate. I. For residents placing a dumpster in the right of way in front of their property. The City would like to make sure vision clearance is adequate and adjacent neighbors aren't inconvenienced. We have a working relationship with Ashland Sanitary where they inform customers of the permit' requirement. Most times residents have the dumpster for less than 72 hours and a $58 permit fee is a great expense compared to the cost of the dumpster. 2. Businesses that clean the awnings in the downtown core. Cleaning businesses tend to work in the morning before downtown businesses open. Again, staff builds relationships with these businesses educating them on the correct method of safely routing pedestrians. In emergency situations such as spontaneous work on the weekend, they come in Monday morning for a permit. The cost these businesses charge for cleaning awnings is often close to the $58 for the current permit cost. Again, we think the lower price will encourage these businesses to obtain permits. ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 WONW.ashland.or.us Tel: 541/488.5347 Fax: 541/488-6006 TTY: 600/735.2900 ~:., C:\DOCUME-1\shipletd\LOCALS-memp\08 09 Fee Increase Memo 10 Faught 060609.doc Memo CITY OF ASHLAND Date: From: To: Re: May 26, 2009 Jason Wegner Mike Faught, Lee Tuneberg GIS Fee Requirements My recommendation for changes in the GIS Fee Schedule include deleting and replacing the existing "GIS DATA & MAPPING SERVICES" categories with the categories the follow below. Please let me know if you have any questions. GIS DATA & MAPPING SERVICES PRE APP MAP $20 SELECT GIS UTILITY DATA ON DISK $37.50 per utility per quarter-quarter section PLOTTING FEE: $6 I per square foot NEW ADDRESS ASSIGNMENT FEE: $35 per address number STREET NAME APPROVAL FEE: $ I 00 per street GIS HOURLY RATE: $75 PRE APP MAP ($20) One 8 Y, x II" B& W (or digital color pdt) map of a property or area to scale. Includes standard map elements (location, north arrow, date), approximate tax lot locations, curb lines, public utility easements where recorded, fire hydrants, 2' and/or 10' contours (topography), and water, sanitary sewer and stormwater utility features. Homeowner, design professionals and realtors use these maps to apply for a pre-application conference through the Planning Department SELECT GIS UTILITY DATA ON DISK ($37.50 per utility) Water, wastewater and electric utility data, due to its sensitive nature, should be distributed on a case-by-case basis rather than posted on the internet Recognizing that, we will distribute up to a quarter-quarter section of data on a recordable data DVD. Any1hing over a quarter-quarter in size would be charged at the same rate; however it would need to be approved through the City Recorder's office. This rate reflects 0.5 hours per utility layer, at a GIS rate of$75/hour. (See below.) ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 W'o'rW.ashland.or,US C:IDOCUME-1\shipletdILOCALS-1ITempI08 09 GIS Fee Increase Memo to Faught 5 26 09.doc Tel: 541/488.5347 Fax: 541/488-6006 TTY: 800/735.2900 ~:., PLOTTING FEE ($6.00 per square foot) This per square foot rate would establish the fee for any standard maps we print (street, zoning, comprehensive plan, parks & open space, buildable lands and I "=100' utility maps) ADDRESS ASSIGNMENT FEE ($35 per address number) The GIS department has researched many municipalities within Oregon and found that charges for address assignments range anywhere from $0 to $86 per address. Given that this is sometimes an intensive and time-consuming function, a recommendation fee of $35 per lot for new address assignments is a reasonable fee. STREET NAME APPROVAL FEE ($100 per street) New street names, while less common than new addresses, can pose a significant impact on staff time. First one needs to compare the proposed address against the county database to check for duplicates or sound-alikes. Next, it must meet City of Ashland standards. Often staff must confer with the developer multiple times before a satisfactory name is submitted. GIS HOURLY RATE ($75 per hour) This matches the hourly rate established by Jackson County GIS and would be charged for miscellaneous custom work. . ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us C:IDOCUME-l\shipleld\LOCALS-1ITempI08 09 GIS Fee Increase Memo.lo Faughl5 26 09.doc Tel: 5411488.5347 Fax: 541/488-6006 TTY: 8001735.2900 ~:., CITY OF ASHLAND Memo DATE: TO: FROM: DEPT: RE: June 9, 2009 Martha Bennett, City Administrator Lee Tuneberg, Finance Director Admin Services Administrative Billing Charge The Administrative Services/Finance Department is infrequently aSKed to do a combined billing for a group sharing a service or cost. Most often this is done as a convenience to the end customer because the City has a billing system for utilities or other means to gather the data, create a billing and account for the monies collected. A past example is the combined billing for the garbage service on the Calle for the businesses sharing the refuse area. In this case the actual amount billed for the service was allocated to the end users and the City did the work at no charge. It has since been changed to a direct billing and the City no longer coordinates payment. Another place that this could be applied is when the City does the work in advance of a property owner after established notification. An example is weed abatement. If the City must pay to have weeds removed because a land owner did not do it after proper notification then an administrative fee for the bill should be charged to account for the work to contract the service, pay the bill and to bill the landowner is appropriate. It seems appropriate for the City to add an administrative fee of up to 10% to cover operational costs for these incidents. The fee would be assessed on a case by case basis by the Finance Director considering: ]. Appropriateness for the City to be involved 2. Cost to do the billing and related services 3. Duration of the service 4. Other relevant criteria The administrative fee could be waived by the City Administrator. ADMINISTRATIVE SERVICES DEPARTMENT D. L Tunoberg, Director Tel: 541-488.5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800.735.2900 www.ashland.or.us ~:., CITY OF ASHLAND Memo DATE: May 26, 2009 TO: Lee Tuneberg FROM: Michael Ainsworth RE: AFN Service Rates AFN is requesting the addition of one new 'charges for service' rate, specifically for Internet field tech work performed by AFN technicians ("Installers"): ISP/ Retailer AFN "field tech" charge @ $35/hour . One hour minimum billable @$35.00 Additional time or fraction of @$35.00/hour Current applicable rate is $29.95. This rate has not increased in ten years yet Materials and Services and Personal Services expenses have increased. We've seen a slight increase in AFN technicians deployed to customer's homes to fix Internet issues that our ISP's should have discovered and corrected. In these instances, AFN charges back the ISP's/Retailers for this work. The $35/ hour field tech rate would be the billable amount charged to the ISP's/ Retailers. However in the event of any AFN network issue (i.e. "outside plant") troubleshooting and corrective work, we do not charge the ISP's. Information Technology 90 N. Mountain Ave. Ashland, Oregon 97520 www.ashland.or.us Tel: 541.552.2316 Fax: 541-488.2436 TTY: 800.735.2900 ~:., /f~ g / J1~~ RESOLUTION NO. 2001- os- {~ ~ \!t1 A RESOLUTION ESTABLISHING FEES FOR TAXICAB ~N~ SREGIALt' v.EIiUCia~E OPERATIONS AND REPEALING RESOLUTION 2000-08, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Chapter 6.28 of the Ashland Municipal Code, fees for taxicab. special vehicles and tour bus operations are established as follows: Sign Permit for Tour Bus or ~~c.[~! XlehiCle $ 50 (6.28.035.E.2) Annual Tour Bus and ~~~~J VehiCle Permit $ 50 (6.28.035.H) . Annual Taxicab Certificate $ 200 (628.060) , Taxicab Driver Permit $ 42 (6.28.110.B) Taxicab Driver Renewal Permit $ 20 (6.28.110.E). Renewals for permits expiring on June 30, 2001, shall be issued for a renewal periOd of one year from the next birthday of the driver. which date shall be considered as the date of issuance for purposes of AMC ~ 6.28.110.E. Operator Certificate $ 250 (6.28.170.F) SECTION 2. Effective Date. The fees set forth in this resolution shall take effect immediately except for the Taxicab Driver Renewal Permit fee. The renewal permrt fee shall take upon the effective date of Ordinance No. ~-~"S- SECTION 3. Resolution No. 2000-08 is repealed. This resolution was read by title only in accordance with Ashland Municipal Code t day of 7l~ ,2001. Barbara Christensen, City Recorder p SIGNED and APPROVED this 'if day of Fe:. b ,2001. 2 . :ec:::/ ~4?~ Alan W. DeBoer, Mayor R~ed a :orm; Paul Nolte, City Attorney , RESOLUTION NO. 2007- 3 t A RESOLUTION ADOPTING MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland provides certain miscellaneous services to citizens and customers through out the year as part of regular city business, These services are normally provided at the request of the customer, or are caused by the customer when applying for utility systems improvements, or are a part of normal accounts receivable collection activities, SECTION 2. The proposed fees fall outside of existing fees established by resolution or ordinance and will be incorporated within the appropriate process as all fees are reviewed and updated, SECTION 3. The fees and charges established by th'is resolution are reasonably based upon related costs to the city, will take effect October 1,.2007, and will not be increased within twelve months from date of approval and include: Department F....ntl.. Method Cham.. f!!: Police PO Report Requesl 10_orlo.. $ 12.00 request ' 11 pages or more $ 15.00 requesl Public WOI1<s Penalty lor no Perm~ Add 50% 10 established fee Varies ocourrence Block Party S_VSldewalk dosura $ 56.00 occurrence Encroachment $ 56,00 OCCUlTance ROW Closunl Sldawalk $ 56.00 occ:urren<:e ROW Closure Parldng spaoo $ 56.00 occ:urrenco ROW CIosura sireet $ 174.00 occ:urranco Sidewalk DinIng Inlttalfee $ 250.00 oppllcallon Annual renewal $ 31.00 ..al Eloctrtc _Ooor~Test $ 50.00 Iesl Duct lea)( Test $ 50,00 Iesl Communlty_._ Standard ZonIng Perm~ $ 25.00 occ:u""""" Infonnatlon Technology AFN Rotan Rales' AFN Bronze Excludes VelP SUpport $ 19.99 monlh AFN Sliver Excludes VolP SUpport $ 34.99 monlh AFN Gold Includes VO/P SUpport $ 39.99 monlh AFNPlallnum Includes VolP Support $ 79.99 monll1 Am A/ryWIlGnlIOuI 01 Town Rates Charge bGycnd City "mils $ 44.99 monlh AFN Wh~le Rates" AFN Bronze ExcllJctes VolP SUpport $ 14.99 monlh AFNSllver Excludes VolP Support $ 23.99 monlh AFN Gold Includes VO/P Support $ 26.45 monlh AFN Platinum Includes VelP Support $ 66.45 monlh Monlhly BDUng Minimum $ 1.500.00 monlh ~ AFN Gold Flrsl oddress $ 25.00 monlh AFN Platinum Firsladdrass $ 25,00 monlh Addlllonal Static IP: Am Gold each addltlonallo 6 lotal $ 10.00 monlh AFNPtatinum Each additional to 6 total $ 10.00 monlh DYnamic IP: AFN Gold Per address $ 5,00 monlh AFN Platinum Per address $ 5.00 monll1 SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 5. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 6. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance~w' Ashland M~' i!il Co~ ~2.04.0 duly PASSED and ADOPTED this ~ day ot_~07. ,r .2007. , RESOLUTION NO. 2008- ~"1 A RESOLUTION ADOPTING MISCELLANEOUS FEES FOR SERVICES WHERE NECESSARY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland provides certain miscellaneous services to citizens and customers through out the year as part of regular city business. These services are normally provided at the request of the customer, or are caused by the customer when applying for utility systems improvements, or are a part of normal accounts receivable collection activities. SECTION 2. The proposed fees fall outside of existing fees established by resolution or ordinance and will be incorporated within the appropriate process as all fees are reviewed and updated. SECTION 3. The fees and charges established by this resolution are reasonably based upon related costs to the city, will take effect October 1, 2008, and will not be increased within twelve months from date of approval and include: Department Fee TIlle Method Charce 'Per City Recorder Copy Fees Black & White Letterllegal Single-Sided $ 0.20 each Copy Fees Black &. White Letterflegal Double-Sided $ 0.40 each Copy Fees Black &. White Tabloid Single~Sided $ 0.40 each Copy Fees Black & White Tabloid Double-Sided $ 0,80 each Copy Fees Color letter/legal Single-Sided $ 1.50 each Copy Fees Color Tabloid Single-Sided $ 3.00 each Audio Tapes Citizen provides Blank $ 3.00 each Audlo Tapes City providos blank tape $ 5.00 each Proce$sing Fee Liquor LICense. Temporary $ 10.00 each Liquor license - New $ 100,00 each Uquor license. Change in owner $ 75.00 each Liquor ljcense - Annual Renewal $ 35.00 each T axJcab license - New S 250.00 each Taxicab lk::ense - Annual Renewal 5 100.00 vehiCle Lien Searches - Routine $ 20.00 each lien Searches - Rush S 30.00 each FI", FlreMed Annual Housetlold Fee Annual renewal. 5 52.00 household Emergency Medical Service Fee $ 250.00 palient Fire Oepartemnt Reinspection Fee $ 75.00 relnspectlon SECTION 4. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 5. Classification of the fee. The fees specified in Section 1, Section 2 and Section 3 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). Resotution transferring appropriations within the 2008-2009 Budget ION 6. This resolution was duly PASSED and ADOPTED this , 2008, and takes effect upon signing by the Mayor. ~~u Barbara Christensen, City Recorder SIGNED and APPROVED this S- day of ,2008. ..5 (~ day , RESOLUTION NO. 99-,:)'1 A RESOLUTION EST ABUSHING INTERNET AND CABLE TV RATES FOR THE ASHLAND FIBER NETWORK THE CITY OF ASHLAND RESOL YES AS FOLLOWS: SECTION 1. The altached rate scheJules (Schedule 2) are adopted as the rates and fees AFN Internet and AFN Television. and service connections provided by the City of Ashland Fiber Network effective with usage on or aner August I. J 999. SECTION 2. Installation charges, equipment rental. bulk rates and.other charges may be set administratively. To the extent practicable such fees shall be sellO recover, over a fiscally prudenl period, the incremental cost of providing such service taking into account all costs actually incurred. Nothing in this section or section I of this resolution shall preclude AFN staff from (I) temporarily reducing or waiving rates or charges in conjunction with promotional campaigns; or (2) establishing different and nondiscriminatory rates and charges for commercial customers, as well as different nondiscriminatory monthly ratcs for commercial customers as allowable by. federnllaw and regulations. The foregoing resolution was READ BY TITLE ONLY and DULY A~D at a regular meet:yfth/e City Council of the City of Ashland on the Ibdayof _ ,1999. /~~ Sarbara Christensen, City Recorder . SIGNEDalldAPPROVEDthis/idayof ~ ,1999. ~.~A: . ~ Catherinc M. Shaw, Mayor - Re~ed as 10 f~~ t~ tJ~_.. Paul Nolte, City Attorney N:\acctg\efectric\fiber\rato reso TV and 'ntamet Resolution 99- .J.j Exhibit A Schedule 2 AFN Tolovlalon Ratoa 8000160 Franchi.. PEe FCC UHr Inc_1 I2IIl foe I!! ner RaWs Per Month TierJ $5.94 $0.32 $0.60 $0.04 $6.90 $6.90 TIer II (Incre....ntallo Tier I Rate) $3.56 $0.19 $3.75 $10.65 TIer III (Incremental 10 Tier II Rala) $14.72 $0.78 $15.50 $26.15 TIa< 1111 (Incremental to Tier III Rate) $7.95 $0.42 $6.37 $34.52 PAtmlum Rate. Per Month Pramium SeNices $7.95 - $0.58 $11.53 $10.95 Pay Par VIew Per Event Price Varies fmm $0 to $150 AFN 'ntemal RaIn Bu.ln... lntemet Monthly Rate $85.00 $3.41 $68.41 RnklenUallnwmet Montllly Rate $15.00 $0.79 $15.79 To: Barbara Cbristensen City Recorder ResolutioD 99-29 allows the City to administratively set installation, equipment rental, bulk rates, and other charges for the Ashland Fiber Network. The following is a list of fees and cbarges tbat are effective February 1,2000. Approved by ~~ -Mike FreemaD ~ Date /-31- CO Dale /JffT~ Jfh Turner / /<~/o() Dale' AFN Installation and Equipment Costs (NOTE: A 5% franchise fee will be added to tbe inslallation and equipment rales sbown below). FULL INSTALL (up to 2 outlets/no previous wiring).................... $39.95* RECONNECT (already bas wiring/up to 2 out/ets)...................... $23.95** Install additional outlet, same visit.......................................... $10.00 ($10.00 each. above two outlets). Three OUtJctli or more may require House' Amp installation. House Amp additional. one-time charge. Additional outlets requiring drilling through concrete. brJck, erc. and/or needing extra time because of fishing waHs, working in limited craw) space locations and other 'non-standard' inst;tllations wJlJ be charged an Hourly Sen'lce ChnTj;e plus S I 0.00 oUllet charge. Additional 'non.stnndard' eXlra outlet charges will be determined by an AFN technician at time of in home visit ~ Pre*wlred outlers derermined by an AFN technician to be damaged by contractor or homeowner, will be charged same instaJ) rare as an um\'ired ourlet ($18.00. see belo"'). CATV Rates. Effec,ive Fcbru:lry 1,2000 Page I Install additional outlet. separate visit.................. .................... $18.00 ($ 12.50 each if pre-wired. If not pre-wired. $ 18.00 for first outlet and $10 for each additional outlet, standard insrollation. House Amp may be required). AddjtiomJl outlets requiring drilling through concrete, brick~ etc, and/or needing extra timE because of fishing walts, working in limited crawl space Jocations and olher 'non-standard' jnsmJlations wiH be charged an Hourly Service Charge plus outlet charge. Additionol 'non-stand.rd' e~tra outlet charges will be determined by an AFN technician at rime of in home visit. ~ Pre~wired outlets determined by an AJ-'N technician to be damaged by contractor or homeowner. will be charged same install rate as an unwired outlet (S I 8.00). Hourly Service Cbare:e......................................................... $29.95 Truck Roll Cbare:e................................................ ............... $12.00. (Trouble calls. non-AFN related. equipment retrieval. erc. SEE BELOW for other Truck Rollsl!;!r~es). ADDITIONAL AFN CHARGES Connect a VCR (initial visit).................................. ................................... Install AIB switch (initial visit)....................... ...... ............ ......... ...... ($10 charge for Nl.l switch. Nl.l switch required for Digital Box and VCR hook. up/recording) Install NB switch (separate vl.il)................................................................ $12.00 (plus S 10.00 charge for AlB switch. AlB switch required for Digitnl Box and VCR hook-up/recording) Install House Amp (initial visil...one-.ime charge)............................................... $35.00 Install House Amp (separate visit...Amp is one time. $35.00 charge plus Hourly Service Charge for installation). <............. ....."., ,_ .... ,_,. ._....... ...' ,.""" .... p" ..... ......., ... STBD on premises Digital Upgl1lde (any service level requiring an AFN Digital Com.cner)..................... $23.95 Digital Converter Box!Remote nn.Extra Outlet ................................... .............. $ 3.30 per month Standard ConvenerlRemote (for non~able-rc.dy TV.s).............. ...... ........... ......... $ 1.80 per mon.h No cbarge No charge Unreturned Digital Converter Box and Remote ControL............. (Box $290, Remote Control $10) $300 -Full Install is any tustonrer's residente ISO feet or less from AFNls plant. Any AFN customer further than 150 teetft-om our plana wUl requJre a Service availability evaluation (there is no (harge for thi~ service) by an AFN field representative. Install cbarges plus materials will bt quoted to customer following this evaluation. Underground inslalls requIring Irenchlng and conduli maya/so require a Service A\'ailabllity cl'aJuatlon by an AJi"N technicJun prior to quoting un iDsta)) rate Dnd scheduling an installation appoinuncnl. *. A Rec.onnect is any customer already wired (or AJ.'"N cable TV/internet moving from one location to another or any customer having the Incumbent provider's (Charter Communications) cable TV or Internet who connects to A"'N'! sen'ice. If cpsfomer reconnectimr docs not utlHze exfstinu: outlets. F..rtra Outlet char2cs will aDP'v and are addiUonal. Underground Installations may not apply for initial AFN reconnect fee (i.e.-u customer 5witch.iug from Incumbent provider's lnternetlcable services 10 Afl"N services). An AFN technician wiU determine charges with a Service Availabilll)' evalu.tion. 2 CITY OF ASHLAND , Council Communication Meeting Date: Department: Secondary Dept.: Approval: Adoption of 2009 City Council Goals and Release of Draft Values Statement and Draft Vision Statement Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: June 16,2009 Administration None Martha Benne Martha Bennett bennettm@ashland.or.us 30 minutes Question: Does the City Council want to adopt the City Council Goals for 2009-20 I O? Does the City Council wish to release the Draft Values Statement and Draft Vision for a two month public comment period? Staff Recommendation: Staffrecommends adoption of the goals, with the understanding that Council will update and revise the goals in 2010 to ensure they are still current. Staff further recommends that Council formally release the Draft Values Statement and Draft Vision Statement for a formal public comment period. Background: On April 11,2009, the City Council held a goal setting retreat. On May 18,2009, the City Council reviewed a draft of the products of the retreat which included a draft Values statement, a draft Vision statement and a draft of the City Council goals. At that study session, Councilors were asked to provide theirrecommended changes to these documents to staff by June 10,2009. Three Councilors submitted written suggestions, and the emails from those suggestions are attached to this memo. In addition, staff made a couple of revisions for clarity that were discussed at the study session. Finally, after discussion of an idea with Mayor Stromberg, staff is recommending one change in the economic development strategy goal. That change is that the economic development strategy should build on Ashland's successful tourist economy. If Council wishes to refer to the drafts submitted for the May 18, 2009 Study Session, please pull that previous packet or check the on-line packet at http://www.ashland.oLlls/Page.asp''NavID=11884. Action Requested on Goals: Staff recommends that the Council take public testimony during a formal public hearing on these goals. Council should then make any revisions desired to the goals statements. Staff then recommends Council adopt the goals formally. Staff further recommends that the City Council liaisons to each of the boards and commissions communicate these goals to our volunteer groups. Staff will then begi)l working on the goals that are funded in the FY 20 10 budget. Staff will develop work plans and add packages for next fiscal year for the remaining goals. Page 1 of2 ~.1II r_'1 CITY OF ASHLAND Action Requested on Draft Values Statement and Draft Vision Statement Staff notes that Councilor Voisin has proposed a shortened version of the Values Statement. Her proposals are both noted in the staff draft and are also included as a complete attachment in this packet. Staff recommends that the Council formally release the draft Values and Vision Statements for a public comment period. Staffs recommendation about public input of these documents is included as an attachment to this Council Communication. That outreach plan includes: o Outreach to key institutions including all city grant recipients, SOU, ASD, and ACH. o Sending the draft out in City Source and inviting comments. o Using the City website's survey tool as a way to gather feedback. o Using the Mayor's Blog to gather feedback. Staff recommends that, after a public review period, these statements come back to Council adoption in the fall. ( Attachments: Draft Values Statement Draft Vision Document Proposed City Council Goals Proposed Outreach Plan Proposed draft of Values Statement from Councilor Voisin Email from Councilor Jackson Email from Councilor Silbiger Page 2 of2 ~~, City of Ashland - 2009 City Council Goal Setting Results June 16, 2009 Public Release Draft Proposed Values Statement As members of the Ashland City Council, we value: Good Government: We value transparent government that is honest and responsive. We value strong, creative leadership by elected officials and public service by professional staff. We value excellent public service and view ourselves as stewards of public resources. We value active, intelligent, respectful citizen involvement, and we treasure volunteerism in govemment and community. Proposed Alternative from Councilor Voisin: Democratic government: We value transparent government that is open, visible, honest and engagi;lg. We value creative, responsive leadership from elected officials and professional staff. We value public service as being stewards of public and natura/ resources. We value active, respectful citizen involvement as volunteers on commissiolls/committees and jn the wider commwlity. Natural Environment. We value the beauty and quality of our natural environment. We are committed to enhancing the quality of our air, water, land, open space, and wildlife habitat. We treasure our parks, natural areas and recreational opportunities. Proposed Alternative from Councilor Voisin: Nature's community: We value the complexity of nature. We value the heritage of sustaining that complexity to include restoring air and water quality, to protecting land, open space, and wildlife habitats within our jurisdiction. We are obligated to maintaining parks and natural areas while providing environmentally friendly reereational opportunities. Responsible Land Use. We value development that makes efficient use ofland, water and energy, maintains our architectural heritage, protects our strong relationship to nature, and emphasizes high quality design. We value a healthy, active downtown and central park. We value strong neighborhoods and efficient public infrastructure and public services. We value development that prioritizes transit, bicycling, and walking. Proposed Alternative from Councilor Voisin: Responsible land use: We value development that contributes to the aesthetic beauty of our community by maintaining our architectural heritage and that brings "green" and quality design to our neighborhoods. We value conservative water and energy use by our citizens. We value public transit. bicycling. and walking while diminishing the use of the automobile. NOTE: In staff-drafted version, the phrase "over the automobile" was deleted after the word "walking" in the last sentence. Free Expression. We value a creative climate that invites an open exchange of diverse ideas. We value the social, economic, and creative contributions of the arts, cultural activities, and community events. City of Ashland - 2009 City Council Goal Setting Results June 16, 2009 Public Release Draft Diversity. We are a welcoming community that invites and respects the individuality and contributions of all people. Note: List elimillated as discussed at study sessioll. Deletioll of list also suggested by Coullcilor Silbiger} Economy. We value a business community that is attuned with our environmental and social aspirations. We value an economy that capitalizes on community assets and allows our homegrown entrepreneurs to succeed. We value an economy that creates community wealth, supports arts and culture, connects to Southern Oregon University, and supports high quality public services. We value a diverse economy that provides employment and economic choices for individuals and families. Proposed Alternative from Councilor Voisin: Ecollomy: We value a busilless commullity that respects its re/atiollship to the ellvirollmellt .alld that demollstrates a commitmellt to diversity. We value a local ecollomy that thrives 011 doillg busilless with aile allother. We value Southern Oregoll Ulliversity's collfributiolls to educatillg our workforce. We believe ill a livillg wage alld workforce Iwi/sillgfor our commullity. Independence. We value our ability to be innovative, to set our own course, to provide public services, and to meet residents' basic needs. NOTE: Coullcilor Jacksoll suggests deletillg the "to meet residellts' basic lIeeds phrase. Education. We value lifelong education. We value the social, economic, cultural, and civic contributions of strong, integrated educational institutions. Personal Well Being. We believe all people seek physical, mental, and emotional well-being. We believe each person needs adequate food, clothing, housing, transportation, health care and personal safety . NOTE: Coullcilor Silbiger suggested that this be revised to 1I0t state that people have a "right" to these items but rather have a lIeedfor those thillgs. I revised the statemellt to reflect that commellt. Sense of Community. We believe Ashland is a unique and special place. We value strong neighborhoods, families, and communities of interest where residents participate in community life and feel a strong sense of belonging. Proposed Altemative from Councilor Voisin to replace Diversity, Independence, Education, Personal Well Being and Sense of Community statements: Civil cOlllmullity: We believe that Ashlalld is a ullique alld special place because its citizells care for aile allother amlfor the ellvirollmellt that supports our life together. We value illdepelldellce that respects civil liberties, the goldell rule, alld the "otherness" of aile '.I' lIeighbor. We value lifelollg educatioll for all our citizells. We believe that each persall has a right to adequate food, clothillg, housillg , trallsportatioll, health care alld persollal safety. " City of Ashland - 2009 City Council Goal Setting Results June 16, 2009 Public Release Draft Proposed Vision Statement Ashland is a strikingly beautiful town, nestled on the edge of the Siskiyou Mountains. Ashland is a small, safe, and welcoming place. Residents enjoy the urban amenities of a university town and a center for world-class outdoor recreation and performing and visual arts. Ashland has vibrant neighborhoods. Young singles, families, children, and seniors live in diverse housing types throughout the town. People know their neighbors, and they work together to care for each other. Children walk and bicycle to their neighborhood schools, and Ashland's school system is one of the best in the nation. Every resident can find shopping, recreation, and open space within an easy walk from their homes. Ashland's residents treasure the natural environment. Salmon spawn in Ashland's creeks. Solar panels gather energy on rooftops, community gardens dot the parks, drought tolerant plants grace yards, parks and open spaces. The community cleans and re-uses its stormwater and effluent so no drop is wasted. It is as easy to walk and bike in Ashland as it is to drive. Ashland is connected to the Rogue Valley and the entire West coast through strong transit and rail systems. Population growth is managed, making efficient use ofland and ensuring the community is vibrant. Residents and visitors share Ashland's lively downtown. Ashland is eclectic and funky, and peoples' differences are treasured, not just tolerated. Visitors return to Ashland year after year to refresh themselves, to hike, bike, and ski, to leam, and to experience the performing and visual arts. Community events and festivals allow locals, regional residents, and visitors to share music, food, and ideas. Ashland supports businesses that are committed to family-wage jobs and Ashland's environmental ethic. The business community has a strong working relationship with Southern Oregon University, and university graduates find ample, rewarding employment in Ashland and the region. Small businesses thrive, and entrepreneurs choose to start and grow their businesses here. A wilderness is a short hike away from the downtown plaza. Ashland's forests are healthy and managed to support the unique habitat of the Siskiyou Mountains, support recreation, provide clean drinking water, and ensure Ashland is safe from forest fire. The City of Ashland is respected in Oregon and the region as an innovative, effective, efficient, and well run municipal government. The City is well connected to its citizens, and is responsive to citizen and business needs. The City is an employer of choice to high quality professionals who have chosen public servIce as a career. 2009-2010 CITY COUNCIL GOALS OVERVIEW The City Council has set goals for the next 12 to 24 months to continue Ashland's history as a community that focuses on sustaining itself and its people. To us, sustainability means using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. The City of Ashland has a responsibility towards sustainability in six primary arcas: o Economy o Environment o Social Equity o Municipal Organization o Public Facilities o Partnerships ECONOMY Goal ProDosed for Adontion Estimated Staff and Budl!et Next SleDs! Actions Develop and implement a comprc- I HE Overall Plan estimated to be fonnally hensive economic development S150.000 presented to Council in Marchi April strategy for the purpose of: Included in Budget 2010. Tcntative discussion with o Diversifying the economic base of the Council about proposed work plan in community July 2009 o Supporting creation and growth of husinesses that llse and provide local and Outstanding Issues: regional products o Increasing the number of family-wage jobs - Enterprise Zones in the community - Urban Renewal o Leveraging the strengths ofAshland's tOllrismand rroeatvisitors Complete Croman Mill Master Plan Work on Croman assigned to staff in Croman land use code adoption and develop an implementing strategy Planning and Administration estimated completion is Nov. 2009 for funding and infrastructure for emman Funds included in Comm. Dev. Cmman infrastructure! Budget for consulting services as implementation discussion begins needed August 2009 - Developer financing options - Grant Availability - Urban Renewal Increase the clarity, responsiveness, Project includes all departments that Estimated kick off after water and certainty of the development take part in the development approval resource ordinance complete: First process. process (Comm. Dev., PW, Fire, and step is to fonn interdept team. Electric). This will require each Second step is to identify key points Department to allocate staff time in the development review (from pre- accordingly. app.to final inspection) to accomplish coordinated. responsive multi- department actions Goals for City Council Adoption - Junc 16,2009. Pagel 2009-2010 CITY COUNCIL GOALS EN\ IRON~IENT Goal Proposed for Adoption Estimated Staff and Budget Next Steps/ Actions Develop an integrated land use and No additional staff. Consulting Waiting on Grant Award transportation plan to increase the resources wi II be needed. viability oftraosit, bicycles, walking Project begins after beginning of and other alternative modes of Budgeted project cost of $350,000 Fiscal Year. transportation; reduce per capita automobile vehicle miles traveled; Use Transportation Commission and Estimated timeline of two years. provide safe walking and bicycling Planning Commission routes to home, work, shopping and Includes rate! financing study. Also' schools; implement environmentally includes amendments to responsible design standards, and comprehensive plan and land use minimize new automobile-related code. infrastructure. Adopt an integrated Water Master No additional stafT. Extensive Project begins after beginning of Plan that addresses long-tenn water consulting re~ources will be needed. fiscal year. supply including climate change issues, security and redundancy, Total Budget is $440,000. Estimated timeline of 2 years. watershed health, conservation and Approximately 25% covered by reuse, and stream health, I grant. Includes rate! financing study, Implement specific capital projects Project involves staff in Project begins this summer, First step and operational programs to ensure Conservation, Public Works, and includes collection of usage and cost that City facilities and operations are Administration. Work in first fiscal of electricity, natural gas, fuel, water, a model of efficient use of water, year estimated to take about 320 garbage and hazmat. energy, land, and other'key resources hours or a total of 8 weeks of FTE time. In 2nd step, City will obtain carbon- calculator software to evaluate most Specific projects will need to be cost-effective methods to address estimated and scheduled after carbon footprint. assessment. Third step is evaluating possible improvements, Projects to be incorporated into CIP. Adopt land use codes, building codes, Staffing provided by long range Sustainable Development Guidelines and fee structures that creates strong' planning section of Community will be evaluated as partofCroman incentives for new development that Development. Building inspection Mill Site Redevelopment Plan, with is energy, water, and land efficient and conservation staff will also be possible citywide application, The and supports a multi-modal involved. guidelines will likely address: transportation system <I' Conservation of natural water Professional services monies will systems likely be allocated to assist with <I' Green surface parking systems illustrations associated with the <I' Stonn-y.rater Run-off (greens development of green development streets and parking areas) guidelines <I' Low impact building design <I' Low impact site development Review Architecture 2030 <I' Reduction of construction waste Standards? Work with the Oregon Building Codes Divisions to make Green "Building Code" alternatives available. Existing examples of pre- engineered, locally approved (by the Building Official) design alternatives include: rain water infiltration, catchments and harvesting systems Develop a strategy to use Requires three times more Will be considered in FY 2011 conservation and local renewable conservation in Ashland than already budget. sources to meet Tier 2 power in place. demands by 2014 Staff will continue to work on Likely will require 1 to 2 additional conservation and alternative energy FTE for conservation, and a total generation projects. budget increase of between $400,000 and $450,000 per year. Up to 40% this may be ofT-set by federal dollars and other conservation incentives Goals for City Council Adoption - June 16,2009 Page2 2009-2010 CITY COUNCtL GOALS SOCIAL EQUITY Goal Proposed for Adoption Estimated Staff and Bude:et Next Steps! Actions Complete the development of Primary stafling will include lhe Phase One - HAJe Project affordable housing on the Clay Street Housing Program Specialist (.25 . Complete .sub-recipient property FTE) and participation from current agreements and monitoring orthe and'long range stafT(.2 FTE). road improvements as required by Additionally, some professional CDBG. services monies could be allocated to Time line -July 2009 - Dec. 2010 site plan development for phase II (the remainder of the property not Phase Two - Remainder or the associated with the Housing Property Authority project). . Develop the RFP for the build oul of the 1.25 or 5 acre remainder (depends on Parks) . Work with the Housing Commission to detemline housing needs for the site . Get RFP reviewed and approved by Council. Issue. review. selection. public hearings for disposition of public property . Contract negotiation I Developer agreement. T;mel;ne - July 2009-Julv 2010 Conduct a comprehensive study of Unknown Develop cost estimate and budget Ashland's homeless proposal Will be estimated prior to FY 2011 budget process Coordinate with 2010 U.S. Census ORGANIZATION Goal Proposed for Adoption Estimated Staff and Budget Next Stcos! Actions Develop plan for fiscal stability, Staff was added to assist !. Establish FY 20 I 0-20 II budget manage costs, prioritize services. and Administrative Services in FY 2009. with existing target ending fund insure key revenue streams for the balances (August 2009) City and Parks & Recreation. No consulting resources were added. 2. Schedule a study session on If outside evaluations are needed. revised targct EFBs. debt levels. they will need to bc discussed in FY tax-rate-fee implications. service 20 II budget. level alternatives and timeline (October - November 2009) 3. Report to Council on progress (January 20 I 0) 4. Adoption of targets for FY 2010- 20 II budget (March 2010) 5. Annual report and desired adjustments (January-February each year). Addrcss issues the stability of the No new staffwil! be added. Classification part of study will create organization including employee fair, justifiablc classification system, recruitment and retention; succession Classification! Compensation Study is to attempt to resolve issues relatcd to planning; and effective and increased underway at cost of 555,000. specific classifications and to step use of citizen volunteers. system. Financial resources have not been identified for other pieces such as Compensation study will help the leadership dev. training, employee City detennine how our package recognition or a volunteer use compares to the market and provide expansion plan. Some work can be data to analyze Personnel costs. The done with cross training and with time-line for the Study is 3-4 expansion of existing programs. months. StafTwill work with Other improvements will be C~uncil on an implementation plan considered with FY 20 I ] hudget. Goals for City Council Adoption - June 16,2009 Page3 2009-2010 CITY COUNCIL GOALS PUBLIC FACILITIES Goal Proposed fOf Adoption Staffl Budget Next Steps! Actions Develop a plan to replace Fire Station No new staffing needed Currently working to ensure all #2 required planning steps to build Fire No funds arc currently available. Station #2 have been met in order to respond to "shovel ready" requirements for Federal Stimulus funds (Estimate Fall 2009) Staff proposes to apply for funds through Department of Homeland Security when guidelines are published (expected in Summer 2009). Refine a long Icnn strategy for the No new staffing proposed Convene Council Committee Ashland Fiber Network that improves discussed when AFN business plan its financial viability, provides high was adopted by Council (Ju]y~ August quality services to residents, and 2009) promotes healthy economic development. Apply for stimulus funds for Wi-Max and network expansion PARTNERSHIPS Goal Proposed for Adoption Estimated Staff and Budget Next Steps/Actions Foster strong collaboration of the No additional Staff needed. local community. City, State and Federal leaders in efforts to improve Requires extensive Mayor/Council the health of the Ashland watershed involvement through reducing fire hazards and restoring forest health , Restore rail service to and through No additional staff needed I. Meet with other partner Ashland governments Need cost estimate on technical and 2. Meeting with current service legal framework for any solution. providers, 3. Continue to establish partnerships Council has requested budget with regional jurisdictions in both infommtion. California and Oregon, 4. Keep Oregon legislators informed 5. Seek State and Federal financial assistance. Goals for City Council Adoption - June 16,2009 Pagc4 Proposed Community Involvement/Public Outreach Council Values Statement Statement: During its annual goal setting retreat the City Council developed a draft Values Statement. The statement reflects the values identified by the council and represents core priorities for the City of Ashland. The Council no,w seeks input from the Ashland community on the proposed Values Statement. Obiective: To adopt a Values Statement that reflects the values of the Ashland community. Puroose: Solicit input from the Ashland community on the proposed Values Statement. Strategv: Provide the proposed Values Statement to the community and solicit community input using a variety of outreach tools. Timeline: . June. July, August - solicit community input . September - complete outreach . October - revise draft to reflect citizen input . November - adopt revised Value Statement Action How Who When Develop solicitation Brainstorm three or four questions to City June questions to elicit pose to the community about the Administrator/Mayor substantive feedback draft Values Statement Advertise outreach Display ads in local papers and Radio Staff June, July, August efforts sponsor ad on JPR (costs approx. $800 - $1000 for both) Use existing outreach Post on-line news item and link to Staff June, July tools to present the survey toot (city website) draft values statement Include in City Source (city and Questions newsletter) Contact local web Request posting on local community Staff June hosting sites to engage web sites (Ashland Resource, Today their readers and solicit in Ashland, Chamber etc.) feedback Present draft to City Send the draft and solicitation Staff Liaison July, August, September CCBs questions prior to the CCB monthly meeting for review. Attend monthly meetings for review Council and discussion. Liaison/Chair Send draft and SOU, ASD, ACH etc Staff July questions to grant Grant Recipients recipients and key institutions for Board review and input Meet with local service Speakers Bureau Individual Councilors July, August, September groups, organizations, (Kiwanis, Rotary, Soroptomists, etc Lions, etc.) Councilors meet with Individual council members host Individual Councilors June, July, August, constituents to discuss open "coffees" or "living room September draft and questions chats" Suggestions for values statement from Carol Voisin June 10, 2009 Democratic government: We value transparent government that is open, visible, honest and engaging. We value creative, responsive leadership from elected officials and professional staff. We value public service as being stewards of public and natural resources. We value active, respectful citizen involvement as volunteers on commissions/committees and in the wider community. Nature's community: We value the complexity of nature. We value the heritage of sustaining that complexity to include restoring air and water quality, to protecting land, open space, and wildlife habitats within our jurisdiction. We are obligated to maintaining parks and natural areas while providing environmentally friendly recreational opportunities. Responsible land use: We value development that contributes to the aesthetic beauty of our community by maintaining our architectural heritage and that brings' green' and quality design to our neighborhoods. We value conservative water and energy use by our citizens. We value public transit, bicycling, and walking while diminishing the use of the automobile. Economy: We value a business community that respects its relationship to the environment and that demonstrates a commitment to diversity. We value a local economy that thrives on doing business with one another. We value Southern Oregon University's contributions to educating our workforce. We believe in a living wage and workforce housing for our community. Civil community: We believe that Ashland is a unique and special place because its citizens care for one another and for the environment that supports our life together. We value independence that respects civil liberties, the golden rule, and the 'otherness' of one's neighbor. We value lifelong education for all our citizens. We believe that each person has a right to adequate food, clothing, housing, transportation, health care and personal safety." r5Tana~@[llet- F...'t!(:r::'~e: values and vision <comments-~ .~ ~ -- --~- Pag~J1 From: To: Date: Subject: Martha Bennett Diana Shiplet 6/11/20093:05:53 PM Fwd: Re: values and vision comments Please attach to the packel. Thanks Martha This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Martha Bennett, City Administrator (541) 552~2103 >>> Kate Jackson <kate(cD.council.ashland.or.us> 6/10/20091:53 PM >>> Martha, yes, you may attach the email. further, here are my thoughts on the goals. as before, I think you have done a terrific job of putting words on paper. i support the resull. I believe we have a set of goals that provide guidance to staff, that meet at least some of each of our concerns, and that are realistic for this time period. Only through council discussion, as we proceed with the goals, will we define more closely what we as a group agree should happen. I look forward to the times when we can have those discussions. Sincerely, Kate Jackson ----- Original Message ----- From: "Martha Bennett" <bennettm(cD.ashland.or.us> To: "Kate Jackson" <kate(cD.council.ashland.or.us> Sent: Wednesday, June 10, 2009 9:21:17 AM GMT -08:00 US/Canada Pacific Subject: Re: values and vision comments I would like to attach this emailto the packel. OK with you? This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Martha Bennett, City Administrator (541) 552~2103 >>> Kate Jackson <kate(cD.council.ashland.or.us> 6/9/2009 6:32 PM >>> Martha, in the interest of brevity and of a less is more approach to editing, here are a few comments on the vision and values statements you drafter for us. I applaud your effort and results. Thank you for putting them [i:?~ii.~sE1P'let~Fwd~Re:va'l;:;es~and visio;;c~m-menr{:':" ~~~.=.=~~.=..... .._=:=:.._.._~.._..- -~~g~] together. .' On the vision statement, I would make three changes: 1) you already noticed the need to put the word 'city' in the second sentence, after 'welcoming'. the resulting sentence runs on a bit.. but whatever 2) third paragraph: while we have a dry 'Mediterranean' climate in that the rainiall occurs mostly in the fall/winter/spring, i do not consider us a 'high desert town'. I would simply stop the sentence with 'wasted'. 3) same paragraph: i'm not sure what to replace it with, but i would not use the word 'aggressively' with population growth. perhaps it is simply a moderate growth rate. On the values statement, again, you have done a masterful job of phrasing our collective ideals. 1) i am not sure that 'single occupancy vehicle' is any better than automobile, but i do not believe that we will move away from SOY because of our hills and autos may become powered by a more sustainable method. 2) Personally i would delete both the Free Expression and the Diversity statements, but i realize that communities like to include those things so would leave them alone :?) under Economy, 'social aspirations' is not elsewhere described.~ I would add the word "diverse" in front of 'economy' in the last sentence. there is no reference to high tech or environmentally conscious or sustainable, which may be fine to avoid categorizing and limiting ourselves. 4) under Independence, i disagree that the City believes it should meet the basic needs of the citizens. i would instead end with 'and to provide high quality public services'. .however, that repeats the phrase high quality public services from the Economy paragraph. 5) i would delete the Personal Well~Being statement; again what role does the city have in promoting food, clothing, health care, and transportation. personal safety only in the sense of a safe community, with capable policing. 6) as to order, I would put Independence and Sense of Community up after Good Government, followed by Natural Environment, Land Use and Economy. That puts the free expression, diversity and education at the tail end. Not very creative on my part, but this will be a starting point from which i am comfortable seeking public commenl. Many thanks, Kate t Di",na Shi[llet ~ Fwd: Goal notes etc. -F3!ge 11 From: To: Date: Subject: Martha Bennett Diana Shiplet 6/11/20093:09:04 PM Fwd: Goal notes etc. Please attach with packel. Thanks Martha This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Martha Bennett, City Administrator. (541) 552-2103 . . >>> Russ Silbiger <russ(cD.council.ashland.or.us> 6/9/2009 5:27 PM >>> Mostly minor edits Diversity. We are a welcoming community that invites and respects the individuality and contributions of all people regardless of age, race, ethnicity, gender, sexual orientation, religion, physical or mental ability, or financial ability. >1 think the sentence should end at 'all people.' Don't want to leave anyone oul. Personal Well Being. We value the right of all people to physical, mental, and emotional well-being. We believe each person has a right to adequate food, clothing, housing, transportation, health care and personal safety. >You know, I'm not sure whether I agree with all those "rights", since if that is true, then anyone could claim their right to them. Anything softer? Wven the Declaration says pursuit of happiness, not the right to il. Ashland is a strikingly beautiful town, perched on the Siskiyou Mountains. Ashland is a small, safe, and welcoming with the urban amenities of a university town and a center for world-class outdoor recreation and performing and visual arts. >Ok, we are not perched I Nestled? >Ashland is small, safe and welcoming, with the urban amenities of a university town, and a center for world~class outdoor recreation and performing and visual arts. >Actually should be two sentences, and if I wanted to be picky I would ask 'what are the urban amenities that a university town has that other towns don't? Solar panels blink from rooftops, >As opposed to winking? Really, they don't blink. "gather energy" , dot, umm~ The Goals are fine. You did a really great job pulling them together. Russ Silbiger [Q'@.na'Shi Ie[. FWd:Goal notes etc'" .....~-~.~=-.~. ~-::: -~.""-:::-.__.- -.... .._==:- --.. p. . '... ..~. _'",..""....... _... ..m..__.... ... Ashland City Councilor russ(cD.cou ncil. ash la nd. or. us 541-482~6907 This email is subject to Oregon public records law for disclosure and retention. If you can read this you are to close. ~ge21 CITY OF ASHLAND Council Communication Second Reading of 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 June 16,2009 Primary Staff Contact: Lee Tuneberg Administrative Services E~Mail: tuneberl@ashland.or.us None Secondary Contact: None Martha Benne Estimated Time: 5 Minutes Meeting Date: Department: Secondary Dept.: Approval: Question: Will Council approve the Ordinance to Levy the Taxes for the Period of July 1,2009 to and including June 30, 2010? Staff Recommendation: Staff recommends approyal of the attached Ordinance by its second reading. Background: This is the second reading of the Ordinance duly noticed, approved and read by title on June 2, 2009. It is an ordinance that leyies 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, yoter 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. Related City Policies: Financial Management Policies Council Options: Council may approve the above tax rates by second reading, may decrease the tax rates or defer action to gather more information. \ Potential Motions: Council moyes to approve second reading of the Ordinance as presented. Attachments: Ordinance Page 1 of 1 r~' 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 Meeting Date: Department: Secondary Dept.: Approval: Sweatshop Free Procurement Policy June 16,2009 Primary Staff Contact: Administrative Services E-Mail: None Secondary Contact: Martha Benne Estimated Time: Lee Tuneberg tuneberl@ashland.or.us None 10 Minutes Question: Does Council approve the Sweatshop Free Procurement Policy as presented? Staff Recommendation: Staff recommends Council accept the Sweatshop Free Procurement Policy as presented. Background: City Council approved Resolution 2008-45 on December 16, 2008, and asked staff to bring back a policy that promotes purchasing uniforms and articles of clothing produced in a sweat free environment. Attached is an administrative policy that addresses the goals ofthe resolution. This policy, and its eventual incorporation into the City's code and purchasing rules, proyides direction to staff on promoting sweat free work enyironments world~wide by rejecting products that are proved or suspected to be the product of unacceptable work conditions. By favoring vendors who certify the source of their clothing products, discounting those items whose origin is not determinable and rejecting all items known or suspected to be a sweatshop product the City can use its budget dollars to support the international effort. Additionally, by documenling the information garnered during a purchasing process the City can aid other agencies in their selection process. Since the policy allows the City to "piggy back" on other Oregon agencies who have met the goal through their own competitive process, the City can minimize the impact on the budget of the potentially longer or more complex process and/or possibly rejecting the lowest bidder. The policy identifies that the City will join and pay annual dues to a national consortium as long as such the program or its funding are not specifically cut from the annual budget. Related City Policies: City of Ashland Municipal Code City of Ashland Purchasing rules Council Options: Council may accept this policy as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Page I of2 r~' CITY OF ASHLAND Potential Motions: This report is on the Consent Agenda and can be approved with other items. ]fremoved from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the policy as presented. B. Council moyes to accept the policy as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Administrative Policy #_ Sweatshop Free Procurement - draft Resolution 2008-45 Sweatshop Free Procurement Policy Page 2 of2 r~' CITY OF ASHLAND ADMINISTRATIVE POLICY LAST MODIFICATION: May 27, 2009 Policy~ ORIGINATING DEPARTMENT: Administrative Services Department SUBJECT: Sweatshop Free Procurement per Resolution 2008-45 PURPOSE: To ensure the integrity of the City's purchasing program in regards to purchases of uniforms and clothing by not acquiring such items that are proved to be the product of sweatshop labor and to support joint efforts for Sweat Free Procurement with peer agencies where financially feasible. STATEMENT OF POLICY: The City will use its purchasing procedures and spending authority to promote the improvement of working conditions in the world by avoiding the acquisition of uniform and clothing items that cannot be certified as being the product of a "sweat free" environment (not the product of sweatshop labor as defined in Resolution 2008- 45). In order to do this, the City, through the Purchasing Agent, department heads and others authorized to directly purchase or approve the purchase of clothing and uniforms will: 1. Require a signed statement from all potential bidders or suppliers of subject items with the names, complete physical addresses, phone numbers, and contact persons of each production facility to be involved in the production of the proposed products. 2. Require a statement by any potential supplier that it understands its obligation to ensure that all applicable production facilities adhere to the sweat free environment standards as defined in Resolution 2008-45. 3. Require any vendor, contractor or subcontractor remedy noncompliance if evidence is found that the product (or material portions of the product) was manufactured in a sweat shop environment. Upon determination of a violation of the sweat free standard at a production facility of a contractor or its supplier, the intention is for the situation to be corrected in order to comply with the sweat free requirement. If The Consortium or its authorized agent finds that a violation has occurred and that the contractor refuses or fails to ensure that the violation is expeditiously remedied, the City may terminate the contract without notice. 4. Give preference to any vendor and product that meets the required minimum standards of the purchase if certification is readily provided that proves location of manufacture and there is a belief that it is a product of a sweat free environment. ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-<iOO2 Fax: 541-488-5311 TTY: 800-735-2900 ~ ADMINSTRATlVE POLICY - ~""~ 2 5. Document information provided to support the selection of the vendor and product purchased. City agents may take advantage of procurement processes or research by other government agencies in Oregon and Washington that confirm the product is from a sweat free environment and, where feasible and allowable, purchase such products that meet the City's need directly from that supplier. Government Services Administration (GSA) contracts may also followed if the contract bid documents certify the product is from a sweat free environment supplier. City will allow other government agencies to take advantage of its research and purchasing decisions to support their efforts to implement sweat free procurement. The City will join the Sweat Free Purchasing Consortium and pay annual dues as required provided no specific loss of funding for this program, membership or related activities through the annual budget process of the City. This policy pertains to uniforms and articles of clothing purchased directly by the City for its employee use .or distribution to the public. Reimbursement by the City to individuals for purchases under $500 is exempt. Approved: Date: Martha Bennett, City Administrator Reviewed as to form: Date: Richard Appiceflo, City Attorney ADMINISTRATION 20 E Main Street Ashland, Oregon 97520 www.ashland.Or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 .... r_'1 RESOLUTION NO. 2008- '1.S" A RESOLUTION FOR A SWEATSHOP FREE PROCUREMENT POLICY Recitals: A. The City spends approximately, $85,000 annually in public funds on uniforms and clothing. B. Some vendors of uniforms and clothing obtain clothing through their supply chain from contractors that utilize sweatshop labor. C. "Sweatshop Labor" means serious and repeated violations of laws of the jurisdiction where the work is performed or violations of core labor rights as defined by the International Labor Organization pertaining to non-poverty wages; employee benefits; health and safety, including exposure to hazardous toxic substances; labor, including collective bargaining rights; environmental conditions; nondiscrimination, harassment or retaliation, including laws prohibiting workplace and employment discrimination; freedom of association, and building and fire codes. In addition, it includes work performed by any person under a contract or subcontract that constitutes foreign convict or forced labor or abusive forms of child labor or slave labor. D. Contractors who engage in such serious and repeated violations are not "responsible" contractors as defined by ORS 279C.375(3) because such contractors do not have a satisfactory record of performance or a satisfactory record of integrity. E. The City does not wish to purchase goods and services that depend on sweatshop conditions that deprive people of their legal rights and dignity. F. The City Council wishes to ensure that the firms it contracts with to provide uniforms and clothing act with integrity and follow applicable local laws of the country of production and International Labor Organization standards, and that other subcontractors in the uniform and clothing supply chain also act with integrity and follow the local labor laws and International Labor Organization standards (hereafter referenced as "Sweat Free Procurement"). G. The City Council wishes to ensure the integrity of its procurement process by not using contractors or subcontractors who engage in Sweatshop Labor practices. Such practices place responsible contractors at a competitive disadvantage and dissuade them from doing business with the City. H. By adopting this resolution, the City Council does not preclude the City or its contractors or subcontractors from doing business with any foreign country. I. Sweat Free procurement is a form of ethical purchasing. J. There is a proposed State and Local Government Sweatfree Consortium that would investigate and address working conditions of uniform and clothing suppliers' factories through worker outreach and education, independent monitoring of working conditions, and Page 1 of2 by leveraging buying power on behalf of government entities affiliated with the Consortium. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The City Council wishes to create and implement a detailed Sweat Free. Uniform and Clothing Procurement Policy. SECTION 2. City staff will develop a policy for City Council approval within six months. SECTION 3. The City supports the creation of the State and local Government Sweat Free Consortium to collaborate with other public agencies to share information and cost of independent monitoring of working conditions in supplier factories. The City Council intends on becoming a member of this Consortium after it is created. SECTION 6. This resolution was duly PASSED and ADOPTED this 16th day of December, 2008, nd takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this L day of 1k~, 2008. , . n W. Morri on, Mayor Page 2 of2 C I T yO F ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: June 16,2009 Administration None Martha Benne Food and Beverage Tax Primary Staff Contact: E~Mail: Secondary Contact: Estimated Time: Ann Seltzer ann@ashland.or.us None 40 minutes Question: Does the Council want to continue to work towards placing a measure on the November 2009 ballot to extend the food and beverage tax beyond December 2010? What direction does the council want to give to staff about the ordinance and the ballot measure? Staff Recommendation: Staff recommends Council first determine whether they wish to seek voter approval of renewal of the tax then determine the election date to place the measure on the ballot and then give direction on the details of the measure. Background: The food and beverage tax was approved by voters in March 1993 and expires on December 31,2010. A 5% tax is charged on all prepared foods sold in Ashland including restaurants, grocery slore,delis, caterers, coffee shops etc. The businesses keep 5% of the amount collected to cover accounting expenses associated with collecting the tax. - The food and beverage tax is used for debt payment for the wastewater treatment plant (80%) and for the purchase of open space for parks (20%). The existing wastewater treatment plant (WWTP) was in violation of Oregon State standards. A multi million dollar upgrade was required to bring it into compliance and the City needed funds to pay for it. The total cost of the upgrade was $34 million and the City financed $24 million of the total project through a low interest loan from the Oregon Department of Environmental Quality (DEQ). The annual debt payment is slightly less than $1.8 million. The revenue shortfall for the debt payment (difference between $1.8 million owed annually and the amount collected through F&B) is made up through sewer rates. The debt expires in 2024. The Finance Director has estimated that if the revenue from F&B was not used to pay this debt service the total rate revenue to the wastewater fund needs to increase by 600/0. . If Council decides not to pursue renewal of the tax, staff recommends the Council direct stafflo conduct a rate study to determine their options for increasing sewer rate reyenue. In 1989 the City Council adopted an Open Space Plan which called for the purchase of undeveloped land for parks. Ashland yoters approved the Open Space Plan through amendments to the City Charter. Of the 705 acres of park land in Ashland, more than 360 acres (45%) were purchased in part with the F&B tax since 1994 including Railroad Park; North Mountain Park, Siskiyou Mountain Park and others. There are no other funds for this acquisition program. Page I of4 r~' ~ CITY OF ASHLAND Council Discussion Points . Should the Food and Beverage Tax be extended? . If so, when should the measure go to the voters? . Should the allocation of the revenue be left at 80% for debt payments and 20% for park land? . Should the list of eligible park projects be expanded to allow park construction as well as land acquisition? Election Timeline November 2009 Ballot July 21- council review of proposed ordinance and ballot measure August 2009 - final council approval on ballot measure language September 3 -Deadline for Notice of Measure filing for November election November 3 - special election May 2010 Ballot February 2010- final council approval on ballot measure language March 2010 - Deadline for Notice of Measure filing for May election May 20 - special election Note: Both May 2010 and November 2009 are special elections. Cities are charged for local option levies for special elections. Costs are determined by the County based on the number of cities with local measures on the ballot and voter turnout for each jurisdiction. For example, the September 2007 special election included the Ashland library leyy and a public safety surcharge for the City of Phoenix. The cost to Ashland was $10,000. Public Forum On May 18, city staff hosted three public forums on the Food and Beverage Tax to gather input and feedback on the tax from businesses that collect the tax, city residents and other businesses that benefit from the tax. Invitation letters were mailed to all Ashland Businesses that collect Ihe tax (133) and to the 240 businesses that pay the highest monthly sewer fees. Information was included the May issue of the City Source, the Chamber newsletter and posted on the city's website. Display ads ran in three issues of the Medford Mail Tribune and three issues of the Ashland Daily Tidings. In addition, the questions posed during the public forum were posted as an on~line survey on the city's website with two responses (attached). The forums were facilitated by Adrienne Graham of Leapfrog Training and Facilitation. A total of21 people attended the public forums (all but three attendees were associated with businesses that collect the tax). After a brief introduction and background about the F&B tax participants began the round table discussion and were asked to respond to six questions: After each table had discussed and answered to each question, the responses were shared with the' group and posted on flip charts. The responses do not indicate consensus amongst the industry about the tax. The verbatim responses an! attached and summarized below. Page 2 of4 r~' CITY OF ASHLAND 1) What do you feel have been the benefits of the Food and Beverage Tax? Generally people commented that the benefits included lower sewer rates for residents and businesses, beautiful parkland, both visitors and residents pay the tax when eating out in Ashland and that the businesses get to keep 5% of the tax collected. 2) What do you feel have been the drawbacks of the Food and Beverage Tax? Generally people commented that it focuses on just one industry (unfair), the City policy of collecting the tax is not done fairly or aggressiyely and the negative press about non-payment casts a negative light in the community. People also commented that they don't know if visitors are staying away due to the tax and others say people are staying away due to the tax. There were also comments that Ashland looses conyention and catering business due to the tax and it is a burden on restaurants to keep track of the tax collected. 3) If you were to choose between keeping the Food and Beverage Tax and dropping it, which would you choose and why? Responses to this question were split between "keep it" and "drop it." Generally, the reasons to "drop it" included unfair target of an industry, causes too much tension, loss of reyenue to restaurants because people don't want to out to eat in Ashland because of the tax, and the city should tax another industry (ticket tax on OSF). "Keep it" comments included people are used to it, it keeps the sewer rates low, don't increase the rate, city can't afford to loose the revenue. 4) If the Food and Beverage Tax was to continue and you were able to make some changes to it, what changes would you recommend and why? The most frequent "change" comment was to institute a city-wide sales tax rather than just a meals tax. Other comments included allotting a greater percentage to the restaurants, allotting a percentage to hospitality training/scholarships, stop allocation for parkland and use the entire amount collected to pay the WWTP debt, allocate a percentage for infrastructure improvements (pave the Calle, downtown clean up). Increase the sewer fee, let the tax expire and wait for a year to see ifrestaurant reyenUe would increase and exempt caterer's and convention business from paying the tax. Allocate collected funds towards AFN debt. 5) If the annual amount of the 80% ofthefunds collectedfor the wastewater treatment plant exceeded the amount needed to pay the annual debt payment, what should be done with the excess fll/uts? Generally the comments indicated excess funds should be used to pay the WWTP in order to retire the debt more quickly. Other comments included using the excess for open space, a transfer station for all deliveries, water conservation rebates, to promote Ashland, infrastructure improvements (water fountains and parking), refund money to restaurants, give the money to the schools. 6) What other information would be helpful for the Council to make a well~informed decision? Comments were broad including: the collection system is not efficient, some people are cheating, support the tax by supporting the industry (council should eat out more in Ashland), need to conduct a survey, educate the community on where the funds are dispersed. Pagc3 of 4 r~' CITY OF ASHLAND Participants also asked a number of questions of city staff. The list of those questions and answers is attached. Related City Policies: AMC 4.23.010 Council Options: Council can: . Allow the tax to expire and direcfstaffto identify alternative funding for the WWTP annual debt payment. . Place a measure on the November 2009 ballot to extend the tax as is (or with changes) and direct staff to prepare draft ballot measure language for Council review and approval. . Place a measure on the May 2010 ballot to extend the tax as is (or with changes) and direct staff to prepare draft ballot measure language for Council reyiew and approyal. . Provide other direction to staff Potential Motions: 1. I move to allow the tax to expire and direct staff to identify alternative funding for the WWTP annual debt payment. 2. I move to place a measure on the November 2009 ballot to extend the tax as is (or with changes) and direct staff to prepare draft ballot measure language for Council review and approval. 3. I move to place a measure on the May 2010 ballot to extend the tax as is (or with changes) and direct staff to prepare draft ballot measure language for Council review and approval. Attachments: . List of comments from public forums on the Food and Beverage Tax and online survey results . List of questions asked of participants at the Food and Beverage Tax public forums . Handouts provided to participants at the Food and Beverage Tax public forums (includes Article XIX of City Charter) . Copy of AMC 4.23.010 Pagc4of4 r~' !.4 Summary Report Round Table Discussions on the Food & Beverage Tax THREE Two-HoUR SESSIONS HELD ON MONDAY, MAY 18, 2009 1. Benefits: What do you feel have been the benefits of the Food & Beverage Tax? Participants from the three sessions identified several common themes regarding the benefits of the Food & Beverage Tax (F & B Tax) with the most common response being that it pays down the debt on the Wastewater Treatment Plant, and keeps utilities costs lower. Participants also noted the benefit derived from the Open Space/Parks that have been purchased through the F & B Tax and several participants felt that the tax was small enough that it didn't discourage tourists and residents from dining out in Ashland. There was general acknowledgement among the many restaurant owners in attendance that the 5% provided for their costs to administer the F& B Tax was fair amount for the effort. Some participants felt that the F & B Tax helps keep costs down for lower income residents in the community by keeping sewer rates down. A mix of individual comments about the benefits of the F & B Tax included that it helps employees get higher tips (off a higher tab when the tax is added on) and that it helps to provide a means of tracking how the restaurant sector is performing. Specific responses include: . Paying down the debt . Cheaper loans . Raises needed revenue . Creates revenue for the city . Vehicle to pay the outstanding loan . Spreads out cost more than just property tax . Keeps sewage and other utility bills low . Sp'read of revenue throughout community . We get the tourists to pay a portion of your debt . Parks & Rec. has properties targeted to still purchase for residential parks and walking trails . Helps keep community nicer . The city has purchased the property they said they would when the tax was implemented . Open space & natural beauty . Parks & recreation (hospitality and tourism reasons also) (continued) 11 Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Benefits, cont. . Doesn't keep residents from going out to eat because the tax is low enough . Tax doesn't stop people from coming in and purchasing-locals and tourists . People go on vacation, don't mind treating themselves . 5% tax on food is reasonable compared to other states . The tax isn't noticed by the tourists, so it doesn't discourage purchases . Pays for their [restaurants'] time if you have a good system in place that's 5% sufficient . Low-wage renters really benefit (lower sewer fees, no property tax, no need to go out to eat) . Helps keep personal cost down . Benefit for residents who don't eat out in Ashland . Employees get higher tips . Attracts revenue for business . Sales Tax . Low income people get hit harder. Represents a higher percentage. . Would be willing to give that 5% to promote tourism, but it's not ok if businesses take longer to track and don't benefit from the tourism increase . Lets everyone know how business is doing: Good economic tracking 2 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com 2. Drawbacks: What do you feel have been the drawbacks of the Food & Beverage Tax? Participants had lively discussions on the drawbacks of the F & B Tax. One of the most frequently noted drawbacks was a frustration with the focus of the tax on the food and beverage industry (versus if collecting taxes for were more broadly shared amongst various sectors). A number of participants shared that they felt the tax creates a negative image of Ashland and more specifically, of going out to eat in Ashland, particularly during challenging economic times. In each session there was discussion about the anecdotal evidence on this issue -and while there was shared interest in a survey to determine with quantitative data if this is accurate, participants agreed it would be challenging to isolate for this issue. There were many comments about the administration and purpose of the tax. Some participants felt that the city had been disingenuous at the time the tax was implemented and many wanted reassurance that the tax be directed to its stated purpose as some were uncertain if some of the F & B dollars had gone tqwardthe Interfund Loan. Some also felt that the WWTP debt should be paid only by sewer/water fees. A number of participants felt that the city needs to improve its administration when collecting the tax and that the issues that have arisen in dealing with non - payment have created negative publicity both for the city and for the restaurant business. Some participants felt a drawback was simply that this is yet another tax and a few felt it should be described as a sales tax. A few participants noted the effort on the part of the restaurants to administer the tax as a drawback, although it should be noted that in question #1, several participants felt that the 5% off the top that is kept by those collecting the tax is more than fair. While a number of participants felt that the 5% was not prohibitive when going out to eat, they did find the 5% when applied to catering and convention activities could be a determining factor that would deter potential clients and that consideration should be given on how to reduce the burden for this sector. Some participants felt that taxing any food was wrong. Finally, a sampling of several individual comments includes that the tax creates divisiveness in the community; that perhaps we have enough Open Space; and that the tax should somehow benefit tourism. . Focusing on only one industry . Restaurants penalized . Unfairly targets for benefits of all (Uneven distribution of cost) . Small portion of business community carrying burden for entire city . Industry specific . Rolled-eyes at restaurants from Oregon . Challenge in off~season with valley~wide competition . Not helping business turnover-job stability . It's a hard time in the economy to implement it . Loss of revenue due to loss of customers " (continued) , 3 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Drawbacks, cant. . If business is struggling, they still have to pay . Restaurant revenues have gone down since tax has taken effect. . In this economy restaurants are already hurting. We can't afford to raise prices, so we squeeze our margins which are already low. We could create new jobs with that money. We have lost jobs because of lost revenue. . Why restaurants, why not OSF? . Negative attitudes towards Ashland . The tax makes us look like a snobby city. . Dissuade people to come and eat here from Medford . Medford business uses Ashland tax to get more customers . People don't eat in Ashland because of the tax, and they won't shop here also, since they shop where they eat. . Deters customers who live outside the city . Tax island out of Ashland . People go elsewhere because of the tax. . Negative news about non-pay creates even more negative attitude . Businesses might lose respect for the City of Ashland with news . City Administration of meals tax is not done fairly or aggressive enough . Money should be used how and for what it w~s voted for . No distinction between grocery stores and cafes/ restaurants . Deception involved in implementation. . Ultimately it's a sales tax . City too dependent on sales tax . Locals are already paying taxes . The sales tax city-wide would make administration costs high . It's a sewer tax-sewer rates should pay for it. . Wrong to tax food for sewer debt. . Taxing food implies it is wrong to eat out and that people should do it less. . Loss of nine million in revenue to Ashland economy each year. . Impression that we gave WWTP money to AFN Interfund Loan . When implemented, thought it would be paid by tourists. . It was put to voters as a l%tax and within two weeks it was raised to 5%. (continued) 4 ~ Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Drawbacks, cant. . Bookkeeping problems that arise with the tax . Time it takes to train new employees . Increased cost due to keeping tax . It would be a burden for restaurants to keep track of the tax. . Obstacle in convention business . Cost of catering large events is too great . Want to survey the valley to see the accuracy of the competition (noted by several) . When is enough open space enough? . Benefit doesn't go to tourism to increase business . Creates division in the community . Families who "eat in" pay nothing . Business planning thinking tax would go away . Increase in sewer bill . Could create new jobs with that money 5 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com 3. Keep or Drop? If you were to choose between keeping the F&B Tax or dropping it, which would you choose and why? There was a mix of recommendations regarding keeping or dropping the tax-more participants initially recommended dropping the tax for a mix of reasons ranging from feeling it unfairly taxes local residents, or feeling that it singles out the restaurant industry. However, after further discussion, they qualified the recommendation of dropping the tax by suggesting other forms of tax be explored to payoff the WWTP debt or that the tax itself could be 'tweaked' and be improved. This aligned with many of the other participants that recommended keeping the tax, several stating that they felt the tax should stay but that it could be improved with some modification. o Drop it, it's unfair to the Ashland locals who pay more than tourists o Drop it, it's hindering business and deterring customers o Drop it to level the playing field with restaurants in the rest of the Valley. . Drop it because it's a single-industry tax o Drop, but there is some form of tax needed. Make it more broad-based like a business tax for example. o Drop, but find a different kind of tax . Drop, but find another source of income. o Drop it to even out Ashland the rest of the valley o Drop it. Instead, collect equal payment from citizens o Drop it, costs should be spread around. .. Drop it, it's a user's tax and should be paid by users. . Drop it and find a better source ,?f revenue . Drop for a year and see how it effects the revenue . Drop it, too much tension created . Drop it, causes too much tension. o Drop it, never liked it. . Drop it/allow it to expire, force an alternative revenue. . Keep it, can't afford to lose the revenue, plus the locals are used to it anyways o Keep the tax but modify it. o Keep it but tweak it. o Keep it but do not increase the tax. . Keep, but restaurants keep more. o Keep it, everyone's used to it, City needs the revenue o Keep it, keeps sewage bills lower. o Keep it, don't increase, keeps sewage bills los. . Do not increase it, just leave it (continued) 6 I Facilitated and Prepared by leapfrog Training & Facilitation www.leapfrogtraining.com Keep or Drop, cant. . Don't want to see it increase, but don't want it to go away. . Keep it, but restaurants keep larger percentage . If sales tax, city-wide administrative costs too high. . You get what you pay for-If you conserve, you should pay less instead of burden restaurants 71 Facilitated and Prepared by'Leapfrog Training & Facili~ation www.leapfrogtraining.com 4. Changes If the F&B Tax was to continue and you were able to make same changes to it, what changes would you recommend and why? Participants had many ideas on how to change the F & B Tax. A number of participants wanted to see the tax spread more equitably and broadly either across sectors or as a city~wide sales tax; some felt it should target other sectors while two suggested a specific organization-OSF,-be taxed or have a 'seat' or ticket tax. Others felt that there should be no taxes for tourism~related businesses/activities. Some believed the rate should be lowered while others thought it should stay at its current level and needs to be better managed. A range of ideas on how to use the tax was provided, for example to promote downtown c1ean~up or an adopt~a~tree program. . look at other revenue options and possible cuts . Look for broader based solution . Tax everyone equally . Tax retail instead of restaurants for next 10 years . Replace with a sales tax. Tax everyone equally. . Tax Shakespeare Festival instead; or have OSF do a 'seat 'tax (3) . Don't tax tou rism. . City~wide revenue neutral sales tax . Lower, but include all businesses . Why charge people for buying food? . Lower total tax amount . Don't raise it-keep at 5%, find another source. Divide it up. More discussion on other avenues. . No changes unless entire city votes on it . Needs to be iron clad before anything changes . Increase sewage rates for the city to spread it out better . Increase sewer rate and let the tax expire for one year to see if restaurant revenues would increase. . Take percentage and at the end of the year, pay the city . Maintain it but modify the way it is generated. Citizens and businesses should work together to pay the cost. . City needs to start managing their money better, e.g.: Fire station, library, AFN, Parks annual flowers planted yearly, community development . Exempt catering and banquet businesses (2) . Stop with Parks land . 'Limit to only 6 'Tourist" months . Tourism is changing-culinary tourism has increased (e.g. wineries), this did not exist IS years ago. ' 8 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Changes, cant. . Money to Police, Fire, etc. . Percentage given to tourism promotion . Allot a percent to hospitality, training, or scholarships for people in this industry . Give restaurants 25% of the cut. . Take S% of the till put in savings account pay the city once a year . Promote convention space . Percentage to downtown clean~up . Percentage to building partnership with SOul high school to promote industry . Adopt a tree program; buy a brick . lower penalties for late payments . Higher collection amount for restaurants and lower penalties for late payments (continued) 9 I Facilitated and Prepared by leapfrog Training & Facilitation www.leapfrogtraining.com 5. Uses if excess funds become available If the annual amount of 80% ofthe funds collected for the wastewater treatment plant exceeded the amount needed to pay the annual debt payment, what should be done with the excess funds? (Open for brainstorming ideas) Many participants felt the best use if excess funds should become available would be to pay the debt off early and end the F & B Tax. Some participants felt any excess should be reinvested for the future or to improve other infrastructural needs. A number recommended that excess funds be used to help promote tourism and to support the tourism industry in Ashland. . Pay debt off early (7) . Upgrades to treatment plant . Excess funds should be placed in a holding trust until it can be determined by vote the best use . Invest- use profits to trickle out, funnel interests . Save so we can self-fund, reinvesting in ourselves as a community . Surplus of funds keep cost of living lower . Don't spend it in any way it hasn't been voted on yet (2) . Place money in holding trust until voted on what it should be spent on . Infrastructure improvements . Invest for future repairs or adjustments . Improve Drs signage . Fix DT sidewalks . Pave Calle Guanajuato (2) . Increased parking . Shipping/transfer station . Train station . Compost/ trash train thru downtown . Public restrooms (South end of DT) . Additional waterfronts . Public Art . Put towards AFN debt--- big burden on the city . Safe routes to schools . Money to local schools . Transfer station for all deliveries . Bus system (Free) . Extra Open Space (continued] 10 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Use of Excess Funds if Available, cont. . Promote Ashland to bring in more customers and tourists . Promote year round tourism-Mt Ashland, wineries, etc. . Promotional endeavor-helps the industry that generates the tax. . Scholarship to Tourism & Hospitality education . Promote year-round tourism . Developer promote hospitality, industry program ( SOU, West Culinary, etc) . Need young families to be able to establish themselves here . Refund money to restaurants or sewage bills 11 I Facilitated a,:d Prepared by leapfrog Training & Facilitation www.leapfrogtraining.com 6, Wrap Up Final comments o Do NOT increase it (3) o It is a tax~ which creates tension between business and the city (2) o Fully supported, 100% to debt payment~ even though the Open Space is appreciated . Huge commitment, should survey to gather more information o it is creating an unfair atmosphere for businesses by focusing on the Food & Beverage tax . Please consider it's a"fairness issue, not a revenue issue . It is not fair in sharing responsibility for a narrow business margin to bare the entire burden that benefits the entire city . Find other ways of income, tap into the tourism o People outside of the community don't want to eat in Ashland because of the tax o Survey: who is paying the tax, tourists or locals? o Be realistic in a long~term approach . Educate the community on where funds are dispersed o Real information network as a powerhouse for people with ideas o Inform community, who, how, what it goes to, ete. o Council should talk to the restaurants about who is paying this tax. It was passed as a tourism tax originally, but time has shown that it is not. o Council should tell people that Ashland citizens are paying most of the meals tax. o Council needs to see the other options: A small tax on Shakespeare tickets could cover the money lost from the Food & Beverage tax o Council should get a restaurant liaison to help word the ballot measure o The Council should go to restaurants in Medford to listen to why people want to come to Ashland . Raising sewer tax is a wash to the citizens as a whole . No more "Scare tactics" o Things have changed since the tax was implemented . Just the word "tax" deters potential customers o OSF is operating 9 months, while everyone else is operating 12 months, so tax payments are still due during the slow months . Parks and sewer should be separate. . Tourists come from Southern Oregon and around the valley . System is not efficient, and some people are cheating it o Does the city want to be a tax collector or just collect the sewer bill? . Perhaps create a Visitor's Center o Opportunity for good PR between the City and restaurants o Rename from Food & Beverage tax to sales tax (continued) 121 Facilitated and Prepared by leapfrog Training & Facilitation www.leapfrogtraining.com Wrap Up Comments, cant. . If community will support the tax, they need to support the restaurants . Open space diverted to Convention Center Space, city owned land, space owned by other groups/hotels/etc . Broad-based tax that the whole community contributes to . Taxing one part of the community will cause troubles in the whole community . Should broaden the base of the tax to ensure a more consistent return . Why won't the Council in 2023 give money back to the industry? . Visitor's Center, if revenue coming in diverted from Open Space . This is an opportunity for good . Open Space, diverted to Convention Center space 13 I Facilitated and Prepared by Leapfrog Training & Facilitation www.leapfrogtraining.com Council Meeting June 16,2009 Food and Beverage agenda item Flip chart attachment Comments from the Food and Beverage Public Forum Posted on Flip Charts (verbatim) - these are in addition to the commerts recorded at the individual tables during the sessions. I) What do you feel have been the benefits of the Food and Beverage Tax? Open Space . Tax not noticed by tourists . Helps community . Spreads cost to more than property tax payers . Iflow income and go out costs more . 50/0 kept aids business with Admin Costs . Tourists pay down of debt . Benefit to residents who don't eat out . L,!cals don't mind paying . Keeps swage bills low . Lower wage earners - sewer bills lower - eating out is optional . Helps keep personal costs down . Park land tourist draw . Employees get higher tips from higher total bill . Raises money for City of Ashland open Space . Lower sewer rates for residents and businesses . Keeping 5% of tax collected (businesses keep) . Provides cheap loans to some businesses . Tax has remained focused on WWTP and park 2) What do you feel have been the drawbacks of the Food and Beverage Tax? . Focus on only on industry . Off-season competition challenge . Restaurants penalized - bottom line . Bookkeeping problems with tax (new employees) . The tax is divisive . Negative news on non payments harmful to Ashland . Sewer rates should pay sewer service . Deters customers from outside City of Ashland Can't quantify if people are staying away . Impression the city gave the money to AFN debt . Taxing food implies eating out is wrong & people should do it less . Tax makes city appear "snotty" . Businesses planning adjustments for new businesses . Cost to large event catering too great . Locals carrying the burden . Payment/Businesses challenges during winter, slow months . Relationship of tax to end customer . City too dependant on tax . Tax creates bad image of Ashland and hurts overall local economy . Counter - production to our tourist economy . Restaurants already hurting and on tight margins . Small portion of business community carrying burden of whole City of Ashland City administration of tax is not done fairly - collections issue (some business are allowed not to pay) . Obstacle to convention/catering business . Does not encourage outside visitors eating here . Families who eat at home pay nothing to finish sewer costs . $9 million loss of revenue to Ashland . Negative attitude towards Ashland . Money doesn't go to tourism promotion 3) If you 'were to choose between keeping the Food and Beverage Tax and dropping it. which would you choose and why? . Keep it - rates go up (residents would pay) . Drop - hinders business . Drop - level playing field in valley . Drop it, costs should be spread around . Drop it - deters customers . Question really is should we vote on a new version? . Drop it - not supportive of businesses] . Keep - but restaurants keep more (greater %) . Let Expire vs. Extend - reframe question . Keep - everyone is used to it. City needs revenue . Allow to expire - look for other sources . Drop it, find alternate source of income . Keep it, keeps sewage bills low . Keep it, can't afford to lose revenue . Drop it~ give equal payments to all citizens 4) If the Food and Beverage Tax was to continue and you were able to make some changes to it, what changes would you recommend and why? . Exempt catering/banquet business . Take 5% tax into savings account pay city once a year . More discussion on other funding . Needs to be "iron clad" - no changes (rate, how used, etc.) . Replace with sales tax . Ticket tax @ OSF, etc. . Increase sewer rates,. let expire for a year & see if Restaurant Revenue increases . Allocate money to training and/or scholarships for hospitality industry . Replace with sales tax . Stop with Parks funding - pay sewer . Tax peak season only . Lower and include all business (sales tax) . Give restaurants 25% cut . Don't change until there is a better solution . Tourist [promotion or downtown clean up . Educate community 2 5) If the annual amount of the 80% ofthefimds collectedfor the wastewater treatment plant exceeded the amount needed to pay the annual debt payment, what should be done with the excessfilnds? . Save to self-fund & re-invest in community . Use for infrastructure improvements . Put to AFN debt . Infrastructure improvements . Promote . Infrastructure improvements . Promote year-round tourism . Give money to schools . Pay down debt . Refund back - restaurants/utility payers . Give $ to schools 6) What other informatioil would be helpfidfor the council to make a well-informed decision? . Council needs to know other options (ex: OSF ticket tax) . Information Network - who pays, what it does? Etc. . 100% to WWTP - even though appreciate Open Space . Creates tension between City & Businesses . Support tax ~ support businesses . Payoff debt early - apply to other debt . Use for affordable housing/family assistance programs . Council- Communicate that Ashland citizens paying most of tax - no more scare tactics (who is paying and what for?) . Find other sources to tap into tourist base . Consider F&B tax fairness issue not a revenue issue . Huge Commitment - need survey . Divert money to a visitor center instead of open space . Imbalanced burden for one industry . Separate parks from sewer . Tourism trade is changing (culinary tourism is growing) . City fund budget cuts . Council should listen to Medford to understand local resident habits . Rename form F&B tax to sales tax . Survey - Who is paying F&B tax . Efficiency of tax collections vs. established utility collection methods . Subsidized sewer rates discourages conservation efforts 3 Food and Beverage Tax Online survey results ~ha~E'<:>,You feel have b~the b.:n~~~s <:f~the ~&B Tax? .~~~~--c-. __ '.. "......." :"~r......~..'.<...... ..;,' ....') ;."'" :..":""...<::.'.^......... The benefits to 10caI'residents fi\r' outweigh the costs, tolocal residents, It is very good that tourists to Ashland help pay for their use of our facilities, both from a recreational and utility perspective (sewage treatment),. Placing at least part of the burden for funding the waste water treatment plant on visitors is useful, but finding creative methods for funding open space and park projects for community beautification and gathering has had a profound and positive impact on our town. (full tcxt) What other information would be helpful for the City Council to make a well- informed decision? IDon't be swaye,d.hthe vocal minority, What do you feel have been the drawbacks? The manner in which the tax'is paid to the city by the" . restaurants, meaning for several years there was. little Of.no penalty for late payin~nts' It does place put Ashland's resturants at a competitive disadvantage having!o raiseyrices by 5%. If the annual amount of 80% of the funds collected for the wastewater treatment plan exceeded the amount needed to pay the annual debt payment, what should be . done with the excess funds? Allocatethis excessamouhtto the Parks Department and,they wouJd be required to use these funds in the same manner as they 'YoUJd use their,origina! 20%.~, " ~ ... .. " 'F Perhaps then we could consider increasing the investment in our city parks to include development of additional facilities and uses. If the F&B Tax was to continue and you were able to make some changes to it, what changes would you recommend and why? (For example: Would you expand the terms that currently limit the tax allocation be spent on the purchase of land to include funding for existing_park improvements?) Permit the.Parks Commission to use their allocation from theF ""',",:";;::":' ,~"<--':< :'{"r:"'>'~' ">',"'" -.c" 'y,,,,; ',,~, . & B tax to fundthedevel()pment andimpro'vement of the Cil)"s recI'eational facilities, Thisis in recognition of the.fact that the..re ;'+- :- F;'>; ",,::,,,. t0T I. <;>. .,<<':j"<,:,, ".;C' ,. ':-0>',,":,,:,,,: : <:': ',' are ~6t many more park lands ictentified as desirable to acquire andthatall residents.could.benefit frolll improved facilities. ", <:;\. ;';<"Y>:>':,:' ';', ':)'~' "::, - 'i ''';< - ~!,:':: . <:;::'>, " I might increase the allocation to the parks portion to fund some improvements, but adding open space and increasing the park acreage should continue to be a goal as more neighborhoods are created within the city boundaries. 2 F&B Public Forums, May 18 Specific questions/requests from attendees: I) How is the 60% sewer increase estimate determined? (Staff stressed that 60% is the Finance Directors best estimate, it could be lower or higher and we won't know exactly until the increase is needed,) Divide the revenue from food and beverage tax by the revenue from sewer fees. For example: FY2008 F&B revenue was $1,566,868, the revenue from sewer fees in FY2008 was $2,607,275. Divide $1,566,868 by $2,607,272 and the answer is 60%. 2) How has the gap between yearly F&B collections and yearly debt payment been paid? Have sewer rates gone down as the F&B collections increased? The gap between F&B revenue and the annual debt has been paid using sewer fee revenue and or cash reserves which come from sewer fee revenue. The annual debt payment for the WWTP is slightly less than $1.8 million. In FY08 the F&B revenue for WWTP debt was $1.5 million. Sewer fees were used to pay the gap of$300,OOO. Sewer fees are used to pay operating costs associated with the WWTP. Sewer rates are increased to generate the funds necessary to pay the shortfall between F&B revenue and actual debt payment and or increased to cover operating costs and additional capital improvement needed at the plant. Sewer rates won't go down unless the F&B tax revenue dedicated to the WWTP exceeds the annual debt service (e.g. is greater than $1.8 million) and still may not go down if the money from sewer rates is insufficient to cover WWTP operating costs and additional capital improvements. 3) How much unrestricted open space revenue will still be in the account at the time the tax sunsets? This is hard to calculate at this time Gnd may 110t be kllOWlllllltil December 2010. The ongoing commitments for debt service 011 previously purchased park property, new parkland purchases and the decrease ill lax revenue work against any balance left over. The amount may be less than a $100,000. 4) Provide details about the Interfund loan to AFN and how it was paid back, also what was the interest rate of the Interfund loan, For a number ojyears, various departments including electric, water and wastewater would loan II/Oney to AFN from the cash fillld balance. At the beginning of each year AFN would pay back the money to the respective filllds with interest. The interest was determilled based 011 the rate of the local illvestmellt State pool. The rate varied from year to year. This process cOlltillued ulltil the AFN debt was refillallced in FY2005. At that time, all IlIterfillld loans, includillg electric, water, wastewater, were paid back in full with interest. 5) Is there an early payment penalty on the WWTP loan (any disadvantage to paying it off early)? . The agreement has provisions for early payment but the State would have to be consulted and given the specifics (timing, total or partial prepayment, etc) to calculate additional costs or savings. It is such a low interest rate (3.43% plus a loan fee) that it is hard to conceive where this would be an advantage. . 6) How many properties are left to purchase from the original 1989 Open Space Plan? How is the 2002 Open Space Plan different from the 1989 Plan? The 2002 plan includes properties from the 1989 plan, There are a number of properties identified in the 1989 Open Space Plall that have 1I0t been purchased. Primarily, those properties include trail corridors, wetlands and natural areas and have not been listed for sale. However, sections of trail property alollg Ashland Creek have been purchased. The 2002 plan is an updated 1989 plan and consists of both short and long-term components each component listing properties to be purchased when the land becomes available for sale. The 2002 short term component has two primary pieces left for purchase; the middle and lower Clay Street properties. Under an arrangement with the City and Jackson County Housing Authority, Parks will be able to purchase about 1/3 of the lower Clay Street property originally identified for park land in the 2002 plan The middle clay street property is 1I0t for sale as of yet. In addition, the 2002 plan identifies numerous properties to be purchased in the long term. Some of that property would correspond with the trails master plan and be used to expand trail corridors, protect natural areas Gnd/or preserve riparian habitat. 7) Provide the exact wording of the original explanatory statement for the original F&B Tax. The Notice of Receipt of Ballot Title Filed in the City of Ashland: NOTICE IS HEREBY GIVEN that a ballot title has been filed with the City Recorder. The ballot title has been prepared by the City Attorney and approved by the Ashland City Council and is asfollows: Caption: Tax onfood and beverages sold in restaurants. Questioll: Shall tax 011 preparedfood alld beverages be imposedfor park lalld acquisitioll alld sewage treatment which may include wetlands? Explallatioll: Imposes aile percellt tax 011 sales offood alld beverages, excludillg alcoholic beverages, ill restaurallts alld hot prepared foods alld salads from grocery stores. Tax is dedicated for acquisitioll of park lallds alld other purposes for Opell Space Park Program as determilled by city coullcil alld park commissioll. Allows coullcil to raise tax to five percellt after public hearillg to fUlld state malldated sewage treatmellt methods which may illclude wetlallds. Allows restaurallts to retaill park of tax collected to apply to collectioll costs. Pursuallt to sectioll I I b, Article XI, Oregoll COllstitutioll, alld implemelltillg legislatioll, the proposed tax measure if approved would 1I0t reduce property tax collectiolls for other ullits of local governmellt. AllY elector dissatisfied with the ballot title, may petitioll the Circuit Court seekillg a different title alld statillg the reasolls the title ftled is illsufficiellt, 1I0t cOllcise or U1ifair. Petitioll must be filed 1I0t later thall the sevellth busilless day after the title was filed with the City electiolls officer, (ORS 250.296) Must befiled by 5:00 p.m, Jalluary 28, 1993 8) Does the school lunch program at the elementary schools pay the F&B tax? See paragraph A below Ash/alld MUllicipal Code 4.34.030 Exemptiolls The tax levied by Sectioll 4.34.020 shallllot be collected or assessed 011 food or beverages: A. Sold by public or private schools or colleges, except thatfood sold by illdepelldellt cOlltractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Provided by hospitals; C. Provided by bed alld breakfast establishmellts to their guests. D. Sold ill velldillg machilles; E. Sold ill temporlllY restaurallts illcludillgfood stallds, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes andmotels--ifthe food and beverage are provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recogl/ized senior citizen nutritional program. H. Sold for resale to the public. I Sold in bulk to the public for non-immediate cOl/sumption off the premises such as ice cream packed in a container of one-halfgallon or more. 1. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. Citizen suggestionslrequests that might help Council and the public I) Create a GIS map that displays the parks/open space properties in existence prior to 1994 with an overlay of those purchased with F/B funds since 1994. A table could go with the map that shows the percentage ofF/B tax money that went to each property purchased since 1994. Parks is working with the GIS department to create this map. 2) Create a table that clearly spells oufthe major components of the WWTP debt, that would show the original loan amount, interest rate, annual payment amount (when it has changed) Interfund loan amount to AFN (including any interest rate info), repayment of AFN Interfund loan, any re-financing that occurred and amount remaining on loan with current interest rate, The WWTP debt and the AFN debt are unrelated. The City borrowed State money to pay for the WWTP improvements only. The need to borrow was not because wastewater treatment funds were being diverted to pay for AFN. The WWTP improvements cost $34 mil/ioll to build. The City accumulated $10 million from F&B tax which was used towards th~ $34 million. The remaining $24 million was borrowedfrom the State at an interest rate of 3.4%. The annual payment on that debt is slightly less than $1.8 millio//. As of JI/ne 2009, $17,630,000 of principle remains to be paid. The interest on that principle through 2022 will be approximately $4,986,000. This debt will be paid in 2023. The AFN debt is $15.5 million. 1n 2005 the City borrowed that amount to consolidate all of the AFN debt (both internal and external). Each year, the annual debt payment is $1,431 million. The money to pay the annual AFN debt comes from a technology fee charged to all city departments including wastewater. For example in 2008, the wastewater fillld was charged $95,800 in technology fees. The AFN debt will be paid in 2024. Evenifwastewater did Ilot pay the techllology fee of$95,800, the savillgs is stillllot sufjiciellt to pay the allllual debt. Approximately 3.6% of sewer fees collected are dedicated to the techllology fee paid by the WWTP. A family of four pays approximately $21 per month in sewer fees, of that amoullt approximately 77 cellts is dedicated to the techllology fee. The attached charts shows the debt service paymellt for WWTP alld AFN. DEQ Wastewater Treament Plant From 11/1/02 to 5/1/22 Recap: PRINCIPAL 23,920,068 INTEREST 3.43% TERM 20 PAYMENT 846,020 November 1st (Principal plus interest) May 1st (Principal plus interest) 675.08.19.00.801209 0.00 675.08.19.00.802209 000 Date Due PRINCIPAL INTEREST FEES TOTAL BALANCE 23,920,068 1 11/1/02 2,024,81? 351,301 2,376,116 25/1/03 440,995 405,025 127,100 973,120 FY 02-03 440,995 2,429,840 478,401 3,349,236 23,479,073 311/1/03 443,354 402,666 846,020 45/1/04 450,957 395,063 115,179 961,199 FY 03-04 894,311 797,729 115,179 1,807,219 22,584,762 5 11/1/04 458,691 387,329 846,020 65/1105 466,558 379,462 110,630 956,650 FY 04-05 925,249 766,791 110,630 1,802,670 21,659,513 7 11/1/05 474,559 371,461 846,020 85/1106 482,698 363,322 105,925 951,945 FY 05-06 957,257 734,783 105,925 1,797,965 20,702,256 9 11/1/06 490,976 355,044 846,020 to 5/1107 499,397 346,623 101,056 947,076 FY 06-07 990,373 701,667 101,056 1,793,096 19,711,883 11 11/1/07 507,961 338,059 . 846,020 125/1108 516,673 329,347 96,020 942,040 FY 07-08 1,024,634 667,406 96,020 1,788,060 18,687,249 13 1111108 525,534 320,486 846,020 145/1109 534,547 311,473 90,809 936,829 FY 08-09 1,060,081 631,959 90,809 1,782,849 17,627,168 15 11/1/09 543,714 302,306 846,020 165/1/10 553,039 292,981 85,417 931,437 FY 09.10 1,096,753 , 595,287 85,417 1,777,457 16,530,415 DEQ Wastewater Treament Plant From 11/1/02 to 5/1/22 Recap: PRINCIPAL 23,920,068 INTEREST 3.43% TERM 20 PAYMENT 846,020 November 1 st (Principal plus interest) May 1st (Principal plus interest) 675.08.19.00.801209 675.08.19.00.802209 Date Due PRINCIPAL INTEREST FEES TOTAL BALANCE 17 11/1/10 562,523 283,497 846,020 185/1/11 572,171 273,849 79,839 925,859 FY 10-11 1,134,694 557,346 79,839 1,771,879 15,395,721 19 11/1/11 581,983 264,037 846,020 205/1/12 591,964 254,056 74,069 920,089 FY 11-12 1,173,947 518,093 74,069 1,766,109 14,221,774 21 11/1/12 602,117 243,903 846,020 225/1113 612,443 233,577 68,098 914,118 FY 12-13 1,214,560 477,480 68,098 1,760,138 13,007,214 23 11/1/13 622,946 223,074 846,020 245/1/14 633,630 212,390 61,921 907,941 FY 13-14 1,256,576 435,464 61,921 1,753,961 11,750,638 25 11/1/14 644,497 201,523 846,020 265/1/15 655,550 190,470 55,531 901,551 FY 14-15 1,300,047 391,993 55,531 1,747,571 10,450,591 27 11/1/15 666,792 179,228 846,020 285/1/16 678,228 167,792 48,919 894,939 FY 15-16 1,345,020 347,020 48,919 1,740,959 9,105,571 29 11/1/16 689,859 156,161 846,020 305/1/17 701,691 144,329 42,079 888,099 FY 16-17 1,391,550 300,490 42,079 1,734,119 7,714,021 31 11/1/17 713,725 132,295 846,020 325/1118 725,965 120,055 35,001 881,021 FY 17-18 1,439,690 252,350 35,001 1,727,041 6,274,331 DEQ Wastewater Treament Plant From 11/1/02 to 5/1/22 Recap: PRINCIPAL 23,920,068 INTEREST 3.43% TERM 20 PAYMENT 846,020 November 1 st (Principal plus interest) May 1st (Principal plus interest) 675.08.19.00.801209 675.08.19.00.802209 Date Due PRINCIPAL INTEREST FEES TOTAL BALANCE 33 11/1/18 738.415 107,605 846,020 34 5/1/19 751,079 94,941 27,680 873,700 FY 18-19 1,489,494 202,546 27,680 1,719,720 4,784,837 35 1111/19 763,960 82,060 846,020 36 5/1/20 777,062 68,958 20,104 866,124 FY 19-20 1,541,022 151,018 20,104 1,712,144 3,243,815 37 11/1/20 790,389 55,631 846,020 38 5/1/21 803,944 42,076 12,267 858,287 FY 20-21 1,594,333 97,707 12,267 1,704,307 1,649,482 39 11/1/21 817,731 28,289 846,020 40 5/1/22 831,751 14,265 4,159 850,175 FY 21-22 1,649,482 42,554 4,159 1,696,195 23,920,068 11,099,523 1,713,104 36,732,695 Revenue Bonds AFN Series 2004 From 1/15/06 to 1/15/2025 bond issue 8/11/04 Recap: PRINCIPAL 15,500,000.00 INTEREST 0.06 TERM 20.00 PAYMENT January 15th (Interest Only) July 15th (Principal plus interest) US Bank 1530.03.32.00.801213 530.03.32.00.802213 Date Due PRINCIPAL INTEREST TOTAL BALANCE 15,500,000 7/15/2005 802,020.79 802,020.79 1/15/2006 432,226.78 432,226.78 FY 05-06 1,234,247.57 1,234,247.57 15,500,000 7/15/2006 432,226.80 432,226.80 1/15/2007 432,226.76 432,226.76 FY 06.07 864,453.56 864,453.56 15,500,000 7/15/2007 195,000 432,098.19 627,098.19 1/15/2008 428,622.20 428,622.20 FY 07.08 195,000 860,720.39 1,055,720.39 15,305,000 7/15/2008 450,000 428,622.20 878,622.20 1/15/2009 419,680.70 419,680.70 FY 08.09 450,000 848,302.90 1,298,302.90 14,855,000 7/15/2009 605,000 419,680.70 1,024,680.70 1/15/2010 406,697.40 406,697.40 FY 09.10 605,000 826,378,10 1,431,378.10 14,250,000 7/15/2010 630,000 406,697.40 1,036,697.40 1/15/2011 392,046.75 392,046.75 FY 10.11 630,000 798,744.15 1,428,744,15 13,620,000 7/1512011 660,000 392,046.75 1,052,046.75 1/15/2012 375,619.35 375,619.35 FY 11.12 660,000 767,666.10 1,427,666.10 12,960,000 7/15/2012 695,000 375,619.35 1,070,619.35 1/15/2013 358,011.53 358,011.53 FY 12.13 695,000 733,630.88 1,428,630.88 12:265,000 Revenue Bonds AFN Series 2004 From 1/15/06 to 1/15/2025 bond issue 8/11/04 Recap: PRINCIPAL 15,500,000.00 INTEREST 0.06 TERM 20.00 PAYMENT January 15th (Interest Only) July 15th (Principal plus interest) , US Bank 1530.03.32.00.801213 530.03.32.00.802213 Date Due PRINCIPAL INTEREST TOTAL BALANCE 7/15/2013 730,000 358,011.53 1,088,011.53 1/1512014 338,564.33 338,564.33 FY 13-14 730,000 696,575.86 1,426,575.86 11,535,000 7/1512014 775,000 338,564.33 1,113,564.33 1/15/2015 317,658.70 317,658.70 FY 14-15 775,000 656,223.03 1,431,223.03 10,760,000 711512015 815.000 317,658.70 1.132,658.70 1/15/2016 295,348.08 295,348.08 FY 15-16 815,000 613,006.78 1,428,006.78 9,945,000 7115/2016 865,000 295,348.08 1,160,348.08 111512017 270,241.45 270,241.45 FY 16.17 865,000 565,589.53 1,430,589.53 9,080,000 7/1512017 915,000 270,241.45 1,185,241.45 1/1512018 243,683.58 243,683.58 FY 17.18 915,000 513,925.03 1,428,925.03 8,165,000 7115/2018 970,000 243,683.58 1,213,683.58 1/1512019 215,529.33 215,529.33 FY 18.19 970,000 459,212.91 1,429,212,91 7,195,000 7115/2019 1,025,000 215,529.33 1,240,529.33 1/1512020 185,778.70 185,778.70 FY 19.20 1,025,000 401,308.03 1,426,308.03 6,170,000 711512020 1,090,000 185,778.70 1,275,778.70 1/1512021 152,958.80 152,958.80 FY 20.21 1,090,000 338,737.50 1,428,737.50 5,080,000 Revenue Bonds AFN Series 2004 From 1/15/06 to 1/15/2025 bond issue 8/11/04 Recap: PRINCIPAL 15,500,000.00 INTEREST 0.06 TERM 20.00 PAYMENT January 15th (Interest Only) July 15th (Principal plus interest) US Bank 1530.03.32.00.801213 530.03.32.00.802213 Date Due PRINCIPAL INTEREST TOTAL BALANCE 7/15/2021 1,160,000 152,958.80 1,312,958.80 1/15/2022 118,031.20 118,031.20 FY 21-22 1,160,000 270,990,00 1,430,990.00 3,920,000 7/1512022 1,230,000 118,031.20 1,348,031.20 1/15/2023 80,995.90 80,995.90 / FY 22-23 1,230,000 199,027,10 1,429,027,10 2,690,000 7/152023 1,305,000 80,995.90 1,385,995.90 1/15/2024 41,702.35 41,702.35 FY 23-24 1,305,000 122,698,25 1,427,698,25 1,385,000 711512024 1,385,000 41,702.35 1,426,702.35 FY 24-25 1,385,000 41,702,35 1,426,702,35 15,500,000 11,813,140.02 27,313,140.02 Food and Beverage Tax Public Forums May 18, 2009 Background The F&B tax was approved by voters in 1993 and expires in 20 I 0, A 5% tax is charged on all prepared foods sold in Ashland including restaurants, grocery store delis, caterers, coffee shops, etc. The businesses keep 5% of the amount collected to cover accounting expenses associated with collecting the tax. The remainder is used for debt payment for the wastewater treatment plant (80%) and for the purchase of open space for parks (20%). The F&B tax came about to fund two programs: x The existing wastewater treatment plant (WWTP) was in violation of Oregon State standards, A multi million dollar upgrade was required to bring it into compliance and the City needed funds to pay for it. The total cost of the upgrade was $33 million and is expected to be paid in full in 2023, X In 1989 the City Council adopted an Open Space Plan which called for the purchase of undeveloped land for parks. Ashland voters approved the Open Space Plan through amendments to the City Charter though no revenue was identified to purchase parkland. (For more information see Ashland City Charter Article XIX A - Open Space Park Program) What We Know X The total F&B Tax collected since 1994 is $22.5 million. Of that amount $18 million has been paid towards the debt on the WWTP and $4.5 million has been used to pay for new parkland. X The revenue fluctuates each year, For example in FYI995 the F&B Tax generated $1.3 million and provided $1.1 million for the WWTP and $277,000 for parkland, In FY2008 the F&B tax generated $1.9 million. Of that amount $1.5 million was paid towards the debt on the WWTP and $392 thousand went towards the purchase of new parkland. Parks/Open Space X Ashland parks/open space total 785 acres. Of the total park acreage, more than 360 acres (45%) were purchased in part with the F&B tax since 1994 including Railroad Park; North Mountain Park, Siskiyou Mountain Park and others Wastewater Treatment Plant X The annual debt payment for the wastewater treatment plant is slightly less than $1.8 million and will be paid off in 2023. The revenue shortfall for the debt payment (difference between $1.8 million owed annually and $1,5 million paid in 2008) is made up through sewer fees which were recently increased by 20%. Sewer Rates )( If the F&B Tax is not renewed sewer rates are expected to increase by 60%. )( Residents pay a base sewer rate of $16,18 per month. Residential water consumption readings are collected for the months of January, February and March and averaged over the three month period, Residents who exceed 400 cubic feet of water use during the three month period are charged an additional $2.42 per 100 cubic feet over the allotted 400 cubic feet. )( Businesses pay a base sewer rate of $16,91 per month plus $2.69 per 100 cubic feet of water used each month, Sewer Rates with and without the F &8 Tax With the F & B Tax Without the F & B Tax Monthly Bill Monthly Bill 60% rate increase January July January July Residential' Family of 2 $16.18 $16.18 $25.88 $25.88 Family of 4 $21.02 $21.02 $33.64 $33.64 Commercial * Downtown Restaurant $200.40 $269.52 $320.64 $431.23 Plaza Area . Restaurant $65.96 $217.28 $105.54 $347.65 University Area Restaurant $119.99 $187.73 $191.98 $300.36 Grocery Store Deli $285.44 $37517 $456.71 $601.23 * Reflects actual utility bills in 2008 from a family of2, family of 4, three different Ashland restaurants and one Ashland grocery store, 2 Food and Beverage Tax Public Forums May 18, 2009 More Information F&B Tax collected by Quarter since1995 Food and Beverage Revenue Collected $700,000 . $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- {9% {9.9O' {9.9-> {9.9o> {9.9.9 <Vq, <V07 <"Oq, <"00.; <Vq, <Vq,- <VOO' <V~ <Vqp <V0 1- July-Sept - Oct-Dee Jan-Mar - Apr-Junel This cliart shows revenue paid to the City per quarter since 1995, It does not reflect when the consumer paid the tax at the business, ************************************************************************ Sample Distribution Using $2 Million Collected F&B Tax* 1I.I'I:stimatea~TaxIBerum'!lfi.1 Operator Administration Fee 15%\ Net Tax Due City/Total to distribute Wastewater t80%\ Parks 120%\ UQ(dOO\OOOII 100,000 1,900,000 1,520,000 380,000 * Bough estimate of annual returns used for distribution methodology only 3 Ashland City Charter (ARTICLE XIX A - Open Space Park Pro!!ram) Section 1. Creation, Powers and Duties. An Open Space Park Program is hereby created to be administered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2, Land and Easement Acquisition Procedures. Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes, Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency Clause, thus giving to the people of the City of Ashland the opportunity to petition for a referendum, Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes, Such dedicated lands or easement shall be under the control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails, (Amended 8-14-90) Section 3. Resources, Monies dedicated to the Open Space Park Program shall be expended only for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate, Said tax measures for funding of the Open Space Park Program shall expire on December 31, 20 I 0, unless extended by a vote of the electorate, (Amended 8-14-90) Section 4. Definition and Purpose of Open Space Park Lands, The definition and purpose of open space park lands shall be as defined in State Law, ORS 308,740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90), 4 Ashland Municipal Code 4.34 Food and Beverage Tax 4,34,010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended, A. "Caterer" means a person who prepares food at a business site, for compensation, for consumption off the business premises but within the corporate limits of the city, B, "Combination facility" has the same meaning as defined in Oregon Administrative Rule 333- I 50-000(8) which the State of Oregon Department of . Agriculture licenses or inspects under Oregon Administrative Rule 333-158- 000, . C. "Director" means the Director of Finance of the City of Ashland, or designee. D, "Food" includes all meals and beverages, excluding alcoholic beverages, served in a restaurant including "takeout", "to go" or delivered orders, E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. F. "Operator" means the person who is proprietor of the restaurant, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared, The term restaurant also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant does not include a restaurant licensed by the Slate of Oregon Health Division as a limited service restaurant. (Ord. 2716, SI, 1993) 4.34,020 Tax imposed A. The city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2. All food and beverages, except alcoholic beverages, sold by a caterer for an event located within the city; .and 3, The following items sold by combination facilities: a, Salads from salad bars; b. Dispensed soft drinks and coffee; and 'c. Sandwiches or hot prepared foods ready for immediate consumption, d. The following items, including toppings or additions, scooped or otherwise placed into a cone, bowl or other container for immediate consumption whether or not they are consumed within the confines of the premises where scooped or placed: Any frozen dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this subsection, however, on any item whose volume exceeds one-half gallon or more. (Ord. 2720, 1993) e. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared. (Ord. 2716, S2, 1993) 4. The following items sold by combination facilities that are bakeries: a. All those items listed in Section 4.34.020.A.3.a-d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go" orders of bakery products prepared on the premises except for whole cakes, pies, and loaves of bread and any order consisting of six or more bakery products. (Ord. 2716 S3, 1993; 2720,1993) B. Such tax shall be imposed at a rate of one percent on the total amount charged by the seller for the food and beverages, or for the meal. In the computation of this tall any fraction of one-half cent or more shall be treated as 2 one cent. (Ord. 27 I 6 S4, 1993) C. All taxes collected by the city under this chapter shall be paid into the Open Space Park Account. Such taxes shall be used for the acquisition of Open Space lands or easements and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. D. The council may increase the rate of the tax described in subsection 4.34.020.A up to a maximum of five percent after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. Notwithstanding subsection 4,34.020.C, taxes collected by the City as a result of any increased rate under this subsection shall be used for the purpose of researching, designing and constructing State of Oregon mandated sewage treatment methods, wI:ich may include, but not be limited to, wetlands. 4,34.030 Exemptions The tax levied by Section 4.34,020 shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges, except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Provided by hospitals; C. Provided by bed and breakfast establishments to their guests. D. Sold in vending machines; E, Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. G. Proyided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. 3 l. Sold in bulk to the public for non-immediate consumption off the premises such as ice cream packed in a container of one-half gallon or more. 1. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K, Sold after July I, 1993, but before December 31, 1993, pursuant to a contract for the sale of such food or beverages signed and delivered to the operator prior to May 4, 1993, provided that a copy of such contract is retained by the operator for review by the director upon request. (Ord. 2716 S5, 1993) 4,34,040 Operator's Duties Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage, Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance, (Ord. 2716 S6, 1993) 4.34,050 Reporting and remitting On or after July I, 1993, every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. A return shall not be considered filed until it is actually received by the director. Payments received by the director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. Nondesignated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's discretion determines that it will be in the best interest of the City, may specify that a different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter 4 reporting periods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision, (Ord 2885, Amended, 08/06/2002; Ord 2903, 01/06/04) The amendments to Section 4.34.050 shall be considered effective as of January I, 2003. Any operator which may be entitled to a refund or a credit for penalties assessed and paid due to the application of payments pursuant to AMC Section 4.34.050 as it existed prior to enactment of this ordinance, but after January I, 2003, must file a written claim within 30 days from the effective date of this ordinance for a refund of such penalties with the director. Upon receipt of a written claim for refund of penalties assessed, the director will, within 30 calendar days, make a determination as to whether any refund is due. In the event a refund is due, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of the operator's choice no later than 15 days following the date director mailed the determination, In the event the operator has not notified the director of the operator's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. Any operator who fails to file a claim for refund as set forth in this subsection shall be deemed to have waived any entitlement to refund of overpayment of penalties. (Ord, 2716 S7, 1993; Amended ORD 2885, 2002;Amended ORD 29032004) 4.34.060 Penalties and interest A, Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty often percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. . 5 C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. (Revised June 1993) F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A, Band C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. G, Waiver of Penalties, Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045 0 (Revised June 1993; Amended ORD 2885, 2002; Amended ORD 2903 2004; Ord 2983 2009) 4.34,070 Fallure to Collect and Report Tax If any operator should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and. information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator, the director shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may make an appeal of such determination as provided in section 4.34.080. If no appeal is filed, the director's determination is final and the amount thereby is immediately due and payable. (Ort!. 271658,1993; Amended ORD 2885,2002) 6 4.34,080 Appeal Any operator aggrieved by any decision of the director with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city administrator within 30 days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the city administrator shall give five days written notice of the time and place of hearing to such operator at the last known place of address. The council shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and make findings affirming, reversing or modifying the determination. The findings of the council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Amended by ORD 2885,2002) 4.34,090 Records It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. 4.34.100 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which thc claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim, The director shall notify the claimant in writing ofthe director's determination. Such notice shall be mailed to the address provided by claimant on the claim form, In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the 7 director. The operator shall notify director of claimant's choice no later than 15 days following the date director mailed the determination. In the event claimant has not notified the director of claimant's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form, C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the director acknowledged the validity of the claim, (Amended ORD 2903 2004) 4.34.110 Actions to Collect Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any su.ch tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city, Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning, (Ord 2885, 2002; Ord 2931, 2006) 4.34.120 Violations - Infractions Any operator or other person who fails or refuses to comply as required herein, or to furnish any return required to be made; or fails or refuses to furnish a supplemental return or other data required by the director, or who renders a false or fraudulent return or claim, or who fails, refuses or neglects to remit the tax to the city by the due date, is guilty of an infraction and shall be punished as set forth in section 1.08.020 of the Ashland Municipal Code. (Amended by ORD 2885, 2002) 4,34.130 Confidentiality Except as othetwise required by law, it shall be unlawful for the city, any 8 officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shan prohibit: A. The disclosure of the names and addresses of any person who are operating a reslaurant; or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of a claim by the director or an appeal from the director for amount due the city under this chapter. (Amended by ORD 2885. 2002) 4.34.140 Examining Books, Records, or Persons The city, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. (Amended by ORD 2885, 2002) 4,34.160 Termination oftax This chapter shan expire on December 3 I, 20 I 0, unless extended by a vote of the electorate. (Ord,2707-E, 1993; Ord, 2716, 1993; Ord, 2720, 1993) 9 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Concerning Code Enforcement June 16, 2009 . Primary Staff Contact: Richard Appicello City Attorney's Office E-Mail: Appicelr@ashland.or.us Legal Secondary Contact: Megan Thornton Martha Benne Estimated Time: 5 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Concerning Code Enforcement, Amending AMC 1.08 of the Ashland Municipal Code and Repealing AMC 11.48"? Staff Recommendation: Staff recommends Council approve Second Reading of the ordinance and approve adoption of the Ordinance, 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 Ihe following: . Permits the City Administrator to designate by Order Code Compliance Officers, . Designates specific positions as code compliance positions with order of the Administrator. . Clari fies 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 cilation 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 ciIations 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 r.t. , CITY OF ASHLAND The City Administrator asked that I highlight some language in the ordinance concerning privately initiated citations: The ordinan"ce provides that: "As authorized in ORS 153.058(7), the City hereby elects not to allow privately initiated violations for city charter and city ordinance offenses." This change is made because the ordinance is also permitting code compliance officers to sign citations based on probable cause as well as personal observation. This essentially acts as a filter to avoid use of the Municipal Court for neighborhood disputes. Privately initiated state law violations offenses are still authorized. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (I) Move to approve Second Reading and approve adoption of the ordinance. (2) Postpone consideration. Potential Motions: Staff: [Conduct Second Reading of Ordinance by Title only} Council: Motion to approve Second Reading and approve adoption of the Ordinance Attachments: Ordinance Page 2 of2 ~.l' ORDINANCE NO. AN ORDINANCE CONCERNING CODE ENFORCEMENT, AMENDING CHAPTER 1.08 OF THE ASHLAND MUNICIPAL CODE AND REPEALING AMC 11.48 Annotated. to show dolotiom: and additions to the code sections being modified. Deletions are bold I: ... ... 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 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 1.08.005 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 bv written order any City officer. emplovee, 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 emploved bv Southern OreQon University. the City Fire Chief or desiQnees. City Public Works Director or desiQnees. City Finance Director or desiQnees. City Community Development Director or C1esiQnees. City Parks Director or desiQnees. City Electric Utilitv Director or desiQnees. City Recorder or desiQnees. code compliance officers. code enforcement emplovees with an approved iob 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 bv charter, ordinance and Qenerallaw. C. RiQht of Entrvl Warrant. When it may be necessary to inspect to enforce the provisions of this code. or the Code Compliance Officer has reasonable cause to believe that there exists in a buildinQ or upon a premises a condition which is contrary to. in violation of this code or which otherwise makes the buildinQ or premises unsafe. danQerous or hazardous. the Code Compliance Officer. in accordance with administrative policv. may enter said buildinQ or premises at reasonable times to inspect or to perform the duties imposed bv 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 havinQ charQe or control of the buildinQ or premises and request entry. If entry is refused, the Code Compliance Officer shall have recourse to the remedies provided bv law to secure entry. includinQ but not limited to Administrative Search Warrant. D. Citation. City Police Officers and Code Compliance Officers are empowered to investiQate and enforce all violations of City ordinances. For criminal offenses created bv 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 bv ORS 133.070. For the violation offenses created bv 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 expresslv authorized bv law to issue a citation to a person for a violation created bv City ordinance if the officer personallv witnessed the violation or the officer has probable cause to believe that the person has committed a city ordinance offense. As authorized in ORS 153.058(7). the City hereby elects not to allow privatelv initiated violations for city charter and city ordinance offenses. NotwithstandinQ the above. parkinQ citations may be issued bv authorized City parkinQ enforcement contractors. No person shall cancel or solicit the cancellation of a citation without the approval of the municipal iudQe. E. Service; Service bv Mail and Failure to Receive Notice; Default. 1) Service on individuals may be made bv Code Compliance Officers or any authorized aQent of the City bv any of the followinQ means: Page 2 of 7 a. Service may be made bv mailinQ the summons and complaint bv restricted or unrestricted certified or reQistered mail. return receipt requested. For purposes of computinQ any time period prescribed bv this ordinance. service bv mail shall be complete three days after such mailinQ if the address to which it was mailed is within the State. and seven 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 bv mail under this section who has not either received or reiected the reQistered or certified letter containinQ a copy of the summons and complaint, unless otherwise authorized bv the municipal iudQe based upon service procedures of the OreQon Rules of Civil Procedure. c. Service may be made bv deliverinQ the summons and complaint directlv to the person to be served. d. Substituted service may be made bv deliverinQ 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 over 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 reasonablv 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 bv 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 bv leavinQ a true copy of the summons and complaint at such office durinQ normal workinQ hours with the person who is apparentlv in charQe. Where office service is used. the code compliance officer. as soon as reasonablv 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 reasonablv 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 bv 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 violation of the Ashland Municipal Code, provided the Code does not prohibit a warninQ. WarninQ notices Qenerallv provide a brief description of the violation. 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 involves 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 [Citationsl of the Ashland Municipal Code is hereby repealed. SECTION 3. 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. ~ECTION 4~ Codification. Provisions 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 tVPoQraphical errors and cross references may be corrected bv the City Recorder. provided however that Section 1. and Sections 2 thru 4, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,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 16, 2009 Primary Staff Contact: Derek Severson Planning E-Mail: seversod@ashland.or.us Legal Secondary Contact: Richard Appicello Martha Benne Estimated Time: 10 minutes Question: Should the City Council approve Second Reading of an ordinance titled, "An Ordinance Amending . AMC I 1.52.030.E to be consistent with the Oregon Vehicle Code"? Staff Recommendation: The Bicycle & Pedestrian and Transportation Commissions have both made recommendations in favor of the proposed ordinance change, and staffrecommends Council approve the Second Reading of the ordinance as proposed. Background: Prior to it's disbanding, the Bicycle & Pedestrian Commission had a request from Traffic Safety Commissioner Matt' Warshawsky to modify Section Il.52.030.E of the Ashland Municipal Code, which states that: 11.52.030.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 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 granted full use of the travel lane where allowed by statute. . The text of the applicable statute, ORS 814.430 is as follows: . ORS & 8]4.430 (2007) 814.430. Improper use of/alles; exceptiolls; 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 'ess 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 practicab'e to the right curb or edge of the roadway. Page 1 of3 ~.l' CI.TY OF ASHLAND (2) A person is not in vio'ation 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, anima's, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a 'ane 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 comp'y 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 on'y 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 applicab'e 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 'ong as the bicycles are both being operated within a sing'e lane and in a manner that does not impede the normal and reasonable movement of traffic. (j) When operating on a bicycle 'ane or bicycle path. (3) The offense described in this section, improper use of 'anes by a bicycle. is a Class D traffic violation. (History: 1983 c.338:,' 701,1985 c.16 9 339) 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-specific 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. The City Council approved the first reading of the ordinance on June 2, 2009 and moved the ordinance to second reading. Page 2 of3 -.. ._~ CITY OF ASHLAND 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 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 Second Reading Potential Motions: Council: Motion to approve Second Reading. Attachments: Proposed ordinance Ashland Municipal Code I 1.52.030 Draft Minutes from April 2009 Transportation Commission meeting Letter from the Bicycle & Pedestrian Commission Page 3 of 3 ~~, ORDINANCE NO. AN ORDINANCE AMENDING AMC 11.52.030.E. TO BE CONSISTENT WITH THE OREGON VEHICLE CODE. Annotated to show delelions 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 bicycles when ridden on a street or highway shall be ridden at the right hand side of the street or highway and ''vithin five (5) feet of the Gurb when possible, and shall pass to the right .....hen meeting \'ehicles. 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 typographical 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'II.S2.0JO Regulations. The following regulations apply to riding and operation of a bicycle: A. Riding 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. Racing. No person shall engage in, or cause others to engage in, a bicycle race upon the streets or any other public property of thi, City without pennissiOll of thc Chief of Police, Major races involving closure or restructuring of city streets must be presented to the Cily Council through the Chid of Pulice. C. Method of Riding. ^ person shall not ride a bicycle other than with their feet on the pedals and facing the front of the bicycle. No bicycle shall eany more persons at one lime than the numher for which it is equipped, D. Ca!.IYiu.g Articles. No person operating a bicycle shall carry any packages, bundles, or articles which preveJlt the rider from keeping at least one (I) hand upon the handlebars and in fi.i1! conlrol 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 <1Ild the laws of the City, including those applicable to the drivers of motor vehicle" 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 eurh when pogsible, and shall pass to the right when meet ing vehicles. F. 's'Reed on Bicycle Routes. No bicycle shall be ridden on a bicycle route.at a speed greater than reasonable and prudent for the circumstances when approaching a pedestrian. G. RidinL! Abreast. No person shall ride a bicycle upon any street, highway, bicycle route or lane in the Ci[y abreast, or sidc-by-side of any other person so riding or propelling a bicycle when it interferes or impedes the normal and reasonable movement of traffic or pedestrians. H. Hitching on Vehicles. No person, while riding a bicycle shall in any way attach themselves or the bicycle to any other moving vehicle. I. Taking or UsinQ" Without Perrnission. 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 ~.I bicyde 011 any street, highway, bicycle kmc or route of the City while under the inllucnce of any intoxk:ants. K. Parking. No person shall park a bicycle upon a ,treet, other than iJl the roadway and against the curb, or against a lamppost designated for bicycle parking, or in a rack provided for the purpose of supporting bicycles, or OIl the curb in a manner so as to afford the least obstruction to pedestrian traffic. (Ord. 1787 S3, 1973; Ord. 2439 SI. 1988; Ord. 2606 S2. 1990) Page lor I D"~&""':.A~ 1r"T ~;~ v~'. DRAFT CITY OF I . A,SHLANq m TRA!~SPf?1{:n~~e~:E!~~!~'IISSION , ~.:;?.'.lr.' :["TIa~.~'a~.~"'A~.tin() .20.09. .we.,.. if' '1If1l Y, . R ..,,' .. :H CotiLinum.ty~~y~l~pmen~~l::.Winburn Way Minutes Attendees: Tom Burnham, John Gaffey, Eric Heesacker, Julia Sommer. 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 n. APPROVAL OF MINUTES: Thompson moved to approve the minutes of March 26, 2009 as submitted. Swales seconded 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 tum. For pedestrian crossing Siskiyou. he recommended a "Look both ways even with the crosswalk light is on "-type of sign. John Olson also recommended the formation of a "Health and Safety Commission" to prioritize safety issues. He noted an example in San Francisco wherc all four corners of an intersection get the "walk" light at the same time. Egon Dubois, "381 W Nevada, read the Transportation Growth Management grant application in the Commission packet. He recommended the Commission 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; recommendation for signage on Helman showing the current route to the Greenway/bikeway; asked that Willow Wind School Student Safety be placed on the Commission agenda; suggested yellow or orange tactile warning systems at intersections for the benefit 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, Associaie Vice President for Facilities Management and Planning, presented SOU's draft master plan to the Planning Commission on March 31" and summarized his presentation for the Commission. 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 Indiana/Wightman/Siskiyou intersection, making University Way a two way street, and constructing an overpass or underpass. Blake stated SOU's commitment to C:\DOCUME-I\seversod\LOCAlS-I\Temp\04 1609 TC Minules.doc Page I of3 reduce CO2 emissions. DRAFT Gaffey 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 ~t 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 need 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 website 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 of the 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, 20 10. li....'it" B'ill"ej'ij::$f1=YD':'" ~:W1;'~i~2;;g~'1Ei?;Qf~i;i4ij:~W0;~1?1g:' c ';)~ to f~ ~f/~'dJ.l4A:.UJ ~we~.1 Ctr":0Y erson reported that in 2008 the now disbanded Bicycle and Pedestrian Commission recommended AMC Section 11.52.030.E (Traffic Regulations) be amended to be in accordance with with Oregon's . king the Lane" codes. The rcvised ordinance would remove the requirement that bicycles ride ont the t-hand side of the street within five feet of the curb. Oregon law provides that bicyclists have a right ~~ake the entire traffic lane while maintaining the normal speed of traffic; if they go slower the bicyclist , must proceed as close as practical to the right side of a two-way road. ~'Q~~~,~!t~~~~~tiqI1t@af9J!~Ustatr~!mV~ ' g;~o~e<.!I!!!l1!mbtiWl1nd'~"ass&l~t.Q'!, ' " D. HSafe Routes to School" ProlITam Tabled. E. Transit and RVTD Update Faught informed the Commission that the R VTD subsidy contract was up for renewal and going before Council on May 5'h. The City currently pays $1.50 of the standard $2.00 fare (riders pay $0.50), and $3.00 of the standard $4.00 fee for Valley Lift para-transit services (the rider pays $1.00). The 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 C:\DOCUME-I\~evcrsod\lOCAlS-I\Temp\04 1609 TC Minutes.doc Page 2 of3 DRAFT Route 5 (as Route 15) 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 9'" at ,the Grove. Heesacker and Burnham volunteered to help with the swap. VI. ADJOURN: 9:00 PM Respectfully submitted, Nancy Slocum. ACC<Junting Clerk I C;\DOCUME-I\seversod\LOCALS-1 \Temp\04 1609 TC Minutes.doc Page 3 of3 CITY OF ASHLAND April 17. 2008 Honorable Mayor & Council The Bicycle and Pedestrian Commission recently considered concerns expressed by Traffic Safety Commission Chair Matt Warshawsky with Section 1I.52.030.E of the Ashland Municipal Codc, which states that: The use of a bicycle in the City shall be suhject 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 10 the latter, those provisions thai by their very nature have no application: alld bicvcles whell riddell 011 a street or hillhwav shall be ridden at the ,illht-hand side of the street or Mllhwav and withill five (5) feet of the curh when oossihle. and ,.hall oass to the rillht when meetinl! vehicles. " (emphasis added) Warshawsky explained that a bicyclist in the middle of the lane. traveling at the speed of traffic, is morc 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 have 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 that 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, roadsidc 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 the lane" where necessary for their safety. Bicycle & Pedestrian Commission 51 Winburn Way Phone: 541.552.2040 Ashland OR 97520 Fax: 541.552.2050 www.ashland.or.us TTY: 800.735.2900 r~., CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Abandoned Vehicle Ordinance June 16,2009 Primary Staff Contact: Police E-Mail: Legal Secondary Contact: Martha Benn Estimated Time: Terry Holderness holdernt@ashland.or.us Megan Thornton 5 Minutes Question: Should the City Council conduct and approve the first reading of an ordinance titled, "An Ordinance Relating to Abandoned Vehicles and Repealing Chapter 11.32"? - Staff Recommendation: Staffrecommends Council approval of the first reading by title only and move the ordinance to a second reading. Background: An audit of the City's use of the Law Enforcement Data System (LEDS). which is used by APD to run criminal histories and DMV records, revealed that the City was using LEDS in a manner that was not authorized by Oregon law. Currently. the City runs the DMV records of people that are in violation of the City's abandoned vehicle ordinance. However, the abandoned vehicle ordinance and procedures that it outlined differed from the Oregon Revised Statutes regarding the appropriate process to remove abandoned vehicles. The DMV records that can be accessed through the LEDS system can only be used for abandoned vehicle and towing purposes if the records are being used to implement provisions of state law. The proposed ordinance fixes the problem by using the state's process in ORS Chapter 819 to give notice and abate abandoned vehicles. '--- Related City Policies: City Charter Article 10. Ordinance adoption provisions Council Options: 1) The City Council could approve the first reading and move the ordinance on to a second reading. 2) The City Council could direct staff to make further edits and place the revised ordinance on the next Council meeting agenda for the second reading. 3) The City Council could decide to postpone consideration ofthe proposed ordinance. Potential Motions: Staff: Conduct the first reading of the ordinance by tit'e on'y. Council: Motion to approve the first reading and move the ordinance on to a second reading. Attachments: . Proposed ordinance Page I of I ~.l' ORDINANCE NO. AN ORDINANCE RELATING TO ABANDONED VEHICLES AND REPEALING CHAPTER 11.32 Annotated to show dolotions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, the City would like to better define the term abandoned vehicle; and WHEREAS, the City would like to adopt the process for custody, removal, and disposal of abandoned vehicles provided by state law. THE PEOpLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 11.32.010 [Definitions] through 11.32.050 [Notice and Towing of Abandoned Vehicles] are hereby added to read as follows: . 11.32.010 Definitions A. "Abandoned vehicle" means any vehicle that has been deserted or relinquished without claim of ownership. A vehicle shall be considered abandoned if it has remained in the same location for more than 72 hours and one or more of the followinQ conditions exist: 1) The vehicle has an expired reQistration sticker or trip permit affixed to it; 2) The vehicle appears to be inoperative or disabled; or 3) The vehicle appears to be wrecked, partiallv dismantled or iunked. B. "Chief of police" means the person holdinQ the position of chief of police of the Ashland police department, or any aQent, emplovee. or desiQnee authorized to perform the duties of this chapter bv the chief of police. C. "Discarded" vehicle means any vehicle or part thereof which is in one or more of the followinQ conditions: , 1) Inoperative; 2) Wrecked; 3) Dismantled; 4) Partiallv dismantled; 5) Junked. Discarded vehicles may be deemed to include maior parts of vehicles includinQ but not limited to bodies. enQines. transmissions and rear ends. Page 1 of 3 D. "Vehicle" means every device in, upon. or by which any person or property is or may be transported or drawn upon any street or hiQhwav. and includes any hulk or component thereof. 11.32.020 Declaration of Public Nuisance. The open accumulation and storaQe of abandoned or discarded vehicles, are hereby found to create a condition tendinQ to reduce the value of private property, to promote bliQht, deterioration and unsiQhtliness. to create fire hazards. to constitute an attractive nuisance creatinQ a hazard to the health and safety of minors. to create a harboraQe for rodents and insects and to be injurious to the health. safety and Qeneral welfare. Therefore. the presence of an abandoned or discarded vehicle on private or public property is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. 11.32.030 Prohibited Action. It is unlawful to park. store. leave, or permit the parkinQ or storinQ of an abandoned or discarded vehicle upon any public or private property within the city for a period of time in excess of seventy-two (72) hours unless the vehicle is (1) completelv enclosed within a buildinQ; od2) stored in connection with a business enterprise allowinQ outdoor storaQe and lawfullv licensed bv the City. 11.32.040 Penaltv. Violation of this chapter is punishable in accordance with AMC 1.08.020. 11.32.050 Notice and TowinQ of Abandoned Vehicles. If the owner of the vehicle. private property owner, or lessee of property upon which the vehicle is located is not removed after notice is provided as required in ORS 819.170. then the vehicle shall be towed and disposed of in accordance with ORS 819.110 throuQh ORS 819.270. The Chief of Police may desiQnate an emplovee. aQent, or officer to perform the duties required under this chapter and the applicable provisions of state law. SECTION 2. Repeal. Ashland Municipal Code Chapter 11.32 [Abandoned Vehicles] is hereby repealed in its entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 2 of 3 SECTION 4. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "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 2-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ' , 2009 and duly PASSED and ADOPTED this day of , 2009 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of 3 CITY OF ASHLAND Council Communication Croman Advisory Committee (CAe) June 16,2009 Primary Staff Contact: Community Development E-Mail: None Secondary Contact: Martha Benn Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: Bill Molnar molnarb(aJ,ashland.or.us Maria Harris 10 Minutes Question: Does the Council approve the Mayor's appointment of a Croman Advisory Committee (CAC) to advise the Planning Commission with regards to the implementation strategy (Comprehensive Plan and Land Use Code Amendments) for the Croman Mill Redevelopment Plan? Staff Recommendation: Staff recommends approving the formation of the Croman Advisory Committee (CAe). Background: To acknowledge the broad range of citizen involvement that took place over the l2-month period leading to the development of the Croman Mill Site Redevelopment Plan. staff recommends the formation of an advisory committee reflecting the key participants involved in the public meeting process in 2008. The committee would provide comments and feedback to the Planning Commission on the specific elements of the implementation strategy, which includes all aspects related to proposed Comprehensive Plan Amendments. and the development of land use code and design guidelines. The advisory committee would be ad hoc. and limited to an advisory capacity without decision making authority. Membership would be comprised ofrepresentatives of the City Council, Planning Commission, Parks and Recreation Commission, City advisory commissions, Chamber of Commerce. SOU and the residential neighborhood. In addition to belonging to their respective group, most representatives were involved in the l2-month process leading to the development ofthe Croman Mill Site Redevelopment Plan. Thus, the members have been selected to represent a particular planning perspective and to provide continuity with the 2008 plan development process. The membership list for the Croman Advisory Commission is attached. Related City Policies: Citizen Participation and Involvement, Chapter III, Ashland Comprehensive Plan Council Options: Council can approve the Mayor's formation ofa Croman Advisory Committee as described and/or provide additional direction to the advisory committee with respect to their role and duties. Potential Motions: Move to approve the Mayor's formation of the Croman Advisory Committee. Attachments: Croman Advisory Committee (CAC) Membership List Page I of I ~~, Croman Advisory Committee (CAC) Representing Name Airport Commission Richard Hendrickson City Council to be determined by Council Conservation Commission Russ Chapman Historic Commission Keith Swink - Housing Commission Graham Lewis Parks & Rec Commission to be determined by Parks & Rec Commission Planning Commission Larry Slake Public Arts Commission David Wilkerson Transportation Matt Warshawsky Commission Tree Commission John Rinaldi, Jr. Chamber of Commerce Pam Hammond Neighborhood Rylan Heyerman Neighborhood Mary Kay Michelsen SOU Paul Steinle