HomeMy WebLinkAbout2009-0804 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 4, 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. Study Session of July 20,2009
2. Annual Joint Meeting of Council and Ashland Community Hospital of July 21,2009
3, Executive Session of July 21, 2009
4. Regular Council of July 21, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of August 6 as Hiroshima Day and August 9 as Nagasaki Day
2. Proclamation of the month of August as Kiwanis Month
VII. CONSENT AGENDA [5 minutes}
1. Does Council approve the recommendations of the Public Art Commission to accept a loan
of Public Art from artist Kevin Christman for placement on private property owned by Jerry
and Cherie Garland?
2. Does Council approve the recommendations of the Public Art Commission to accept a gift
of public art from Alice Hardesty?
3, Will Council approve the Ashland Fiber Network proposal seeking Federal Broadband
Stimulus grant funding not to exceed $800,000?
4. Will Council, acting as the Local Contract Review Board, approve a contract for safety
training to Evergreen Job and Safety for a term of three years?
5, Will Council accept a grant offered by the FAA in the amount of $199,000 to fund
preliminary engineering services in the development of the runway rehabilitation project at
Ashland Municipal Airport?
6. Will Council approv~ the Agreement for Services between the City of Ashland and the
Rogue Valley Transportation District?
7. Does Council wish to ratify the new Labor Agreement between the City of Ashland and the
Ashland Firefighter's Association?
COUNCIL MEETINGS ARE IlRCJADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SrrE AT WWW.ASHLAND.OR.US
VIII. PUBLIC HEARINGS {Persons wishing to speak are to submit a "speaker request form" prior to
the commencement of the public hearing, All hearings must conclude by 9:00 p,m., be
continued to a subsequent meeting, or be extended to 9:30 p.m, by a two-thirds vote of council
{AMC ~2.04.050})
None]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed
for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to
speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of
land use application approvals? [15 Minutes]
2, Does Council approve the second reading of an ordinance titled, "An Ordinance Relating to
Food and Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4,34?" Does
Council approve the ballot measure? Does Council approve the resolution calling for a
special election for November 3, 2009? [40 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1, Will Council approve an agreement with the Ashland School District for a water service
connection to Willow Wind Community Learning Center, outside of the City limit and the
urban growth boundary? [20 Minutes]
2. Will the Council authorize the City Administrator to sign a confidentiality agreement with the
Union Pacific Railroad for data related to the Siskiyou Section?
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
None.
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Housing Commission
2. Parks & Recreation Commission
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act. il you need speciat assistance to participate in this meeting.
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900), Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35, 102-35, 104 ADA Title I),
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SrIT AT WWW.ASHLAND.OR.US
CITY COUNCIL STUDY SESSION
July 20. 2009
Page lof2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, July 20, 2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5 :31 p.m.
Councilor Jackson, Silbiger, Navickas, Voisin, Chapman and Lemhouse were present.
I. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead and noted the
September Council meetings had moved to September 8 and the 22nd,
2. Does Council have any changes to the draft ballot measure for the Food and Beverage
Tax?
Management Analyst Ann Seltzer provided the staff report. City Administrator Martha Bennett
explained the wording on page 3 of the ordinance under 4.34.020 Tax Imposed D. was not
limited to wastewater projects and could include capital projects determined by Council during
the budget process.
To address Restaurant Association concerns regarding major single events, staff proposed a $400
cap on a single event food service for events over $8,000. Ms, Seltzer distributed a counter
proposal from the Restaurant Association removing the cap and exempting single food service
events serving more than 150 customers or exceeding $5,000, A single food serving was
described as a wedding or the meals served during conferences,
Council and staff discussed what sections of Southern Oregon University's food service might be
taxable and whether the tax applied to facilities like Mountain Meadows or food stands at the
Growers Market. Staff will research and provide an update to Council.
3. What direction does Council wish to provide about Staff's suggestions for kicking off
the Economic Development Strategy development for the City of Ashland?
City Administrator Martha Bennett and Project Manager Adam Hanks provided the staff report,
The vision statement would be the starting point for the economic development strategy with
existing City policies like the Comprehensive Plan feeding into it.
Councilor Silbiger commented it was important to start with the vision and quickly narrow down
agreements, then assess Strengths, Weaknesses, Opportunities and Threats (SWOT) noting the
more difficult part would be the reality of the opportunities and the threats to the economy.
Council discussed having more of a presence on the Governance Group and made suggestions on
individuals and industry representatives in the community they might invite to participate in the
Governance and Focus groups.
Mayor Stromberg noted groups in the community, with expertise in business and economic
strategy, who do not currently run businesses, He solicited feedback from audience member Tom
Bradley who suggested coffee klatches as a way to gather and assimilate information. Mr.
Bradley also suggested using a website to collect information and sending questions to certain
elements of the community to generate ideas on how to proceed.
CITY COUNCIL STUDY SESSION
Jllly 20. 2009
Page 2 of2
Ms. Bennett asked Council to provide staff with additional interests, groups and individuals with
specific expertise to invite to participate by September 8, 2009 for the September 22, 2009.
meeting,
Meeting adjourned at 6:48 p.m,
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Annual Joint Meeting of Council and Ashland Community Hospital Board of Directors
July 21, 2009
Page 1 of3
MINUTES FOR THE ANNUAL ASHLAND COMMUNITY HOSPITAL MEETING
ASHLAND CITY COUNCIL
July 21, 2009 ,
Council Chambcrs
1175 E. Main Street
Mayor called the meeting to order at 6:45 p,m,
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
Marie Donovan, Board Chair of the Ashland Community Hospital presented the annual report of
the Board of Trustees, She stated that the past year has been focused on the hospital's financial
challenges and the change initiative involving Wellspring Partners.
Wellspring Partners has helped with the identification and implementation of approximately $6
million in annualized savings. In addition, discussions with the Board and Committees have
included the following:
. Revised role and responsibility statement for Board members
. New committee structure and composition
. Revised committee charters
. Revised Board meeting agenda with increased focus on strategic planning,
quality, and financial outcomes
. Revised policies related to confidential and conflict of interest, and
. New processes for Board self-evaluation and evaluation of the Chief Executive
Officer
As part of its governance initiative, the Board implemented two changes in Board membership,
The Immediate Past Chief of Staff is now an ex-officio voting member of the board and the
hospital's Chief Executive Officer has been defined as an ex-officio member with voting
privileges. These changes are consistent with governance trends,
Ms. Donovan noted that two Board members completed their terms on the Board: Doug Morrison
and Dave Bernard and noted the appreciation of their years of service, Two new members were
recently appointed to second four-year terms: Marie Donovan and Marty Lenk. The Board's
Development Committee will be recommending a slate of officers to the Board for consideration
at the July 28 meeting. '
Mark Marchetti, CEO of Ashland Community Hospital presented his portion of the
annual report and noted that it had been a year of significant challenge and change for the
organization,
Mr. Marchetti provided statistical information on the care provided by the hospital and
noted that a net patient revenue of approximately $49 million after deductions for
contractual adjustments, charity care and bad debt. These deductions equaled 49% of
total revenue, up from prior year's deductions of approximately 48%. This is a
continuation of an upward trend over the past 5 years and reflects the hospital's growing
reliance on reimbursement through the Medicare program.
Annual Joint Meeting of Council and Ashland Community Hospital Board of Directors
July 21, 2009
Page 2 of3
Total operating expenses for the year were approximately $50.5 million which resulted in
a loss from operations of$1.5 million.
Due to increasing financial pressures, Ashland Community Hospital (ACH) initiated in
2008, with the assistance of Wellspring Partners, an analysis of all aspects of the
hospital's operations including labor and productivity, clinical and non-clinical supplies,
contract services, physician services, third-party payor contracts, service lines and
programs, and charge capture, billing and collection processes. As a result of this
initiative the hospital's Memory Care Center and Outpatient Physical Therapy service
was closed, Total staffing was reduced by 40 FTE's, vendor contracts were renegotiated
and supplies usage was scrutinized. A wage freeze was implemented and the hospital's
match to the 403-B employee retirement plan was eliminated, Issues related to wages
and retirement plan contributions will be reevaluated by the Board of Directors later this
year.
The formal phase of the hospital's change initiative ended in March of this year which
identified total annualized savings of approximately $6 million. The following key
indicators of success were met: .
. Productive FTE's per Adjusted Patient Day dropped to 6,02 compared to
9.0 at the start of the project in July 2008
. Supplies cost as a percent of net revenue dropped to 18% from 23%
. Days of revenue in accounts receivable reached 60 days, down from a
high of 85 days
. Use of high cost agency labor declined by almost 50%
. Total average registration wait time dropped to 4 minutes
. Patient account write-offs, defined as avoidable, declined by 80%
Mr. Marchetti also noted that change is not easy or inexpensive and that the hospital had
incurred one-time expenses related to consulting fees and restructuring costs of $2.5
million,
He noted the positive financial pOSItIon of the hospital and the confidence that the
changes made over the past year has positioned the hospital to better meet the challenges
in the, months ahead. The 2009-10 budget was approved by the Board of Directors with
operating expenses of approximately $46 million and a 3% positive operating margin.
The budget incorporates productivity benchmarks and financial indicators defined
through the hospital's change initiative.
The following changes over the past year were noted:
. Additional physicians were added to the medical staff in areas of
gynecology, radiology, hospitalist services, podiatry and urology
. New digital mammography equipment was purchased
. The hospital's utilization management program was enhanced
. Processes for quality monitoring and reporting was redesigned
. A self-insured plan for employee health benefits was implemented,
replacing the hospital's participation in the City-County Insurance Trust
Annual Joint Meeting of Council and Ashland Community Hospital Board of Directors
, July 21, 2009
Page 3 of3
. The Health Resource center was opened, providing patients, visitors and
the community with ready access to reliable health information
. A new Medical Director and Program Manager were appointed to the
hospital's Wound Center, and
. Planning has begun for an automated time and attendance system
The hospital has continued its evolution toward the Planetree model of patient-and
family-centered care which strives to personalize, humanize, and demystify the hospital
experience. The Planetree model was adopted by the Board of Directors in 2006 and is a
key strategic imperative of the hospital. Recent accomplishments towards the creation of
a more patient-centered environment were noted.
In conclusion Mr. Marchetti stated that the hospital remains committed to the support of
education and training for its staff and to the community. The greatest reflection of the
hospital's mission to the community was the provision of approximately $9.4 million in
uncompensated care in 2008-09, including $1.4 million in charity care, $2.7 million in
bad debt write-offs, and a $5.3 million shortfall in payments through the Medicare
program.
Council voiced their appreciation to the Board of Directors and the care that is provided
to the community by the hospital.
Meeting was adjourned at 7:00 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
,
ASHLAND CITY COUNCIL MEETING
Jllly 2 J. 2009
Page J of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 21, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg caJled the meeting to order at 7:00 p,m, in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Si]biger and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg gave an update on the II] 86th Infantry Battalion of the 4]" Brigade Combat Team of the Oregon
Nationa] Guard (1/186) in Kuwait currently staging along the southern border ofIraq in preparation of protecting
convoys.
The Mayor and Council thanked the employees and volunteers who worked on the Ju]y 4,2009 festivities, Councilor
Voisin recognized the crews that provided set up, traffic control and clean up and thanked specific individuals,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of June ]5,2009, Regu]ar Council ofJune ]6,2009, Special Meeting of June 25,
2009 and Executive Session of June 25,2009 were approved as presented,
SPECIAL PRESENTATIONS & AWARDS
Mayor introduced recently hired Fire Chief John Karns and shar,d a brief biography on Chief Karns background.
Chief Karns explained his philosophy of providing quality public service and goals that included fire suppression,
emergency medical service, fire prevention and Wi]dland management, enhanced public education and more robust
public outreach programs, He concluded the responsibility for public safety is owned by aJl and asked the community
to make fire and life safety part of their commitment to themselves, their families, property and the environment.
CONSENT AGENDA
I. Does Council accept the Minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve a Liquor License Application from Dan Durant dba Brother's Restaurant
at 95 N. Main Street?
3. Does Council wish to approve a Liquor License Application from Don Robertson, Ashland Parks and
Recreation dba Oak Knoll Golf Course?
4. Does Council wish to approve a Liqnor License Application from Gabriel Anaya dba Torero's Family
Mexican Restaurant at 2345 Ashland Street #205? '
5. Does Council wish to confirm the Mayor's appointment of John Rinaldi, Jr. to the Planning Commission
with a term to expire April 30, 2012?
6. Will Council, acting as the local contract review board, approve a Sole Source Procurement for the
disposal of biosolids, which are hauled daily from the WWTP to Dry Creek Landfill, for a term ofthree
years-July 1,2009 to June 30, 2012?
7. Does Council wish to confirm the Mayor's appointment of Claire Baker to the Public Arts Commission
with a term to expire April 30, 2012?
8. Does Council want to authorize the City Administrator to execute the BP A Regional Dialogue Contract
Clean Up Amendments?
9. Does Council want to authorize the City Administrator to execute amendments to Exhibit A of the City's
existing Power Sales Contract ",ith the Bonneville Power Amendment?
I O. Will Council approve an intergovernmental agreement to participate in the ODOT Highway Bridge
ASHLAND CITY COUNCIL MEETING
Jllly 21, 2009
Page 2 af8
Program and authorize ODOT to select a consultant for the required bridge inspection?
1 I. Does Council wish to ratify the new Labor Agreement between the City of Ashland and the International
Brotherhood of Electrical Workers (IBEW) Local No. 659 Clericalffechnical Union?
12. ,Will Council, acting as the local contract review board, approve a special procurement for the acquisition
of Polydyne ClariflocC-6286 (polymer) for a term of thrce (3) years?
13. Does Council have questions regarding two ARRA (American Recovery and Reinvestment Act) funded
public works improvement projects?
14. Does Council wish to ratify the new labor agreement between the City of Ashland and the Ashland Police
Association?
Councilor Voisin requested that Consent Agenda items #13 and #14 be removed for discussion.
Councilor Jackson/Silbiger m/s to approve Consent Agenda items #1-12. Voice Vote: all A YES. Motion
passed.
In regards to the ARRA projects, Engineering Services Manager Jim Olson explained the City must always take the
lowest bid and the remaining money would go to another capital project identified on Hersey Street that fit within the
parameters, Any over runs incurred would be the result of a change order with a formal agreement between ODOT
and the City on additional costs,
Police Chief Terry Holderness explained in the Police Association labor agreement, the Police Department issues full
uniforms except footwear with reimbursement occurring after purchase.
Councilor Voisin/Chapman mls to approve Consent Agenda items #13 and #14. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS
I. Will Council conduct a public hearing and approve a resolution establishing rates for the Ashland
Municipal Airport and repealing Resolution 99-37, as recommended by the Airport Commission?
Public Works Director Mike Faught introduced Engineering Technician II Scott Fleury, and three Airport
Commissioners in the audience, Richard Hendrickson, Bill Skillman and Bob Skinner. Mr. Faught and Mr. Fleury
provided a presentation that included:
. Goal of the Airport Commission: Generating sufficient revenues through Airport related fees to operate and
maintain the Airport with minimal or no subsidies.
. Airport Commission evaluates Airport rates and recommends rate adjustments to the City Council annually.
. Airport Revenues
. T-hangar
. Box Hangar
. Proposed 09/1 0 Airport Rates
. City Owned Hangars
. Airport Rates: New rate schedule addition, box hangar privately built city owned hangar, amenities
additions, helicopter hangar.
. City Owned - Monthly Rental Rates
. City Owned - Rental Amenities for any City owned hangar
Mr. Fleury noted there were currently 20-25 people waiting for T-hangar space at the airport. Mr. Faught added the
total subsidy for the Airport this fiscal year was approximately $8,000, Mr. Fleury commented there were 56 total
units including T-hangars, Box-hangars and the fixed box operator.
Public Hearing open: 7:33 p.m.
Public Hearing closed: 7:33 p.m.
ASHLAND CITY COUNCIL MEETING
July 21. 2009
Page 3 of8
Councilor ChapmanNoisin mls to approve Resolution #2009-21. DISCUSSION: Councilor Lemhouse
expressed appreciation for the Airport Commission's effort, Councilor Silbiger voiced his !,'1'atitude and provided an
example of how the Commission worked hard to keep the rates fair and reasonable,
Councilor NavickasNoisin m/s amend the motion to give the Airport Commission a six month deadline to look
at their budget and address the deficit. Councilor Navickas withdrew the motion with Councilor Voisin's
consent.
Roll Call Vote: Councilor Voisin, Chapman, Navickas, Silbiger,Jackson and Lemhouse, YES. Motion passed.
Councilor NavickasNoisin mls give the Airport Commission a six month deadline to address the long-term
budget deficit through rate increases. DISCUSSION: Councilor Navickas commented it was inappropriate at this
time for the City to subsid'ize the airport and there was a need to increase rates to balance the budget. He thought the
airport was a luxury amenity to the City and there was no reason the City should take on a deficit. Councilor Silbiger
responded the airport provides a valuable benefit to the City and having them meet the deficit would cause more
business loss than gain, Councilor Chapman wanted to know if the Airport Commission had projected whether the
new rates would decrease the deficit, adding $8,000 was small compared to the significant revenue the airport brought
into the City. Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Chapman, Silbiger, Jackson and
Lemhouse NO. Motion failed 4-2.
2. Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise
ordinance that will allow night work on Greensprings Highway (Ashland Street), Interstate 5, and Exit
14?
Engineering Services Manager Jim Olson introduced Jim Fletcher from ODOT and provided the staff report,
Public Hearing open: 7:47 p.m.
Public Hearing closed: 7:47 p.m.
Councilor Lemhouse/Jackson mls move to approve ODOT's request for a variance to allow night operations,
including noise from a boring machine and other construction equipment, for an approximate four-night time
frame on Greensprings Highway and Exit 14. DISCUSSION: Councilor Voisin noted the variance was for 9:00
p,m, to 5:00 a.m. and would affect residents and businesses in the area, Roll Call Vote: Councilor Navickas,
Jackson, Voisin, Lemhouse, Chapman and Silbiger, YES. Motion passed.
PUBLIC FORUM
Charles Duemler/1141 Tolman Creek Rd/Explained he had developed a viable solution for global warming that
could offset drought and create jobs, He described his idea and asked the Council for support and direction on
starting a project this size. He had shared his solution with engineers and scientists and received confirmation the
idea was feasible but was too big to simulate. Mr. Duemler's website is www,proiectcharles.org.
UNFINISHED BUSINESS
1. Does Council approve first reading of an ordinance titled, "An Ordinance Relating to Food and Beverage
Tax, Extending the Tax to 2030, and Amending Chapter 4.34?" Does Council have any changes to the
draft Ballot Measure for the Food and Beverage tax?
Management Analyst Ann Seltzer provided the staff report and referenced an earlier discussion during the July 20,
2009 Study Session that involved removing the cap on single food service events and possibly taxing food service
provided at Southern Oregon University (SOU) campus.
City Attorney Richard Appicello clarified wording under 4.34.030 Exemptions(A) "Sold by public or private
schools or colleges except that food sold by independent contractor operators at such schools or colleges shall
ASHLAND CITY COUNCIL MEETING
July 21. 2009
Puge 4 of8
be subject to the tax imposed by this chapter," with the additional scntence, "Non University related catering
events are not exempt."
Parks Director Don Robertson referred to Councilor Navickas' earlier suggestion of ensuring a certain amount of the
20% is reserved for parkland purchases. He explaincd acquisitions were time sensitive and having to adhere to
specific percentages would make it difficult to administer. Councilor Navickas clarified the percentage for parkland
purchases would go into a separate fund to purchase land and the amount suggested was only a minimum. Mr.
Robertson further explained the budget currently shows all the existing funds through the Capital Improvement Plan,
depicts a 5-year plan and identifies dollar amounts for acquisition, rehabilitation and development.
"Note" under "4. The following items sold by combination facilities that are bakeries:" was questioned and Mr.
Appicello suggested removing "Note" and adding the following language: "Number 5. Use of a delivery service
for an activity under this section (Section A.) whether an independent delivery service or operator provided
delivery service does not excuse the operator from the requirement to collect and remit the tax on the food and
beverages sold." City Administer Martha Bennett clarified the tax applied to retail prices not wholesale.
The confidentiality violation of publicly disclosure was asked to be clarified explaining which restaurants payor do
not pay the tax, Mr. Appicello explained it was unlawful to disclose per current code. The only exemption applied to
presentation of evidence to court or other tribunal having jurisdiction over prosecution of a claim or an appeal. It was
suggested to remove the cap for single food service events up to $5,000 or the completely removing the exemption for
events over $5,000 or $8,000,
Craig Morris/1250 Siskiyou BoulevardlIntroduced himself as the V ice President of Finance and Administration at
Southern Oregon University (SOU) and explained the u~iversityprovides food services on campus in a limited variety
of venues with locations and hours associated with educational activities. In the absence of these activities, food
service is closed or operating hours significantly reduced. SOU does not advertise these venues to the public nor do
they present themselves as a catering option for private activities and should remain exempt from the Food and
Beverage Tax, He read a letter to President Mary Cullinan from Ryan James Hagemann, SOU Legal Counsel that
questioned the legality of a potential tax on SOU and requested the City retain the exemption currently in the
ordinance.
Drew Bailey/455 N Laurel/Explained he was the Regional Representative for the Oregon Restaurant Association,
addressed the single food service event cap, and eXplained that $8,000 was too high. He read proposed language that
would lower the cap from $8,000 to $5,000 and remove the exemption, The rationale was the potential increase in
business by removing the competitive disadvantage of the tax. The exemption would affect at least four restaurants in
Ashland, Mr. Bailey added the counter proposal from the Restaurant Association was an effort to bolster business in
the event the Food and Beverage Tax passed,
Michael Torguson/1438 Rossanly Drive/KCMX News Talk 880/Asked why the City wanted to retain this tax
instead of connecting to the regional wastewater system, Mayor Stromberg clarified that Public Testimony was a time
for citizens to provide suggestions and not ask questions of the Council.
Mr. Appicello read the title in full,
Councilor Navickas/Jackson m/s to approve first reading of an Ordinance titled An Ordinance relating to
Food and Beverage Tax, Extending the Tax to 2030 and Amending Chapter 4.34 and place on agenda for
second reading. DISCUSSION: Councilor Navickas explained currently there was a burden on utilities and the tax
was a way to keep utility fees low and shi It some of the burden on tourists. Councilor Voisin agreed but suggested
changing the sunset year to 2022 instead of 2030.
Councilor VoisinlLemhouse mls amend motion to change sunset date from 2030 to 2022.
DISCUSSION: Councilor Voisin explained the debt should be complete in 2022, and the Council and citizens
present at that time should decide whether to extend the tax. Councilor Lemhouse commented the tax is specifically
ASHLAND CITY COUNCIL MEETING
July 1/. 1009
Page 5 0/8
for paying off debt service but was in favor.of extending the sunset if Capital Improvement Projects were clearly
defined, Councilor Silbiger noted the actual language of the current code was broader than the proposed ordinance,
He suspected the wastewater debt would extend far beyond the 2030 sunset. Councilor Navickas agreed with
Councilor Silbiger and added the City has not yet dealt with the temperature of the effluent and there was a need to
insure funds would be available. Councilor Jackson wanted to constrain funds to Wastewater Treatment Plant
projects only. Councilor Chapman thought the tax should be used strictly to retire the debt, broadening the language
would lose voters. He was comfortable extending funds 20 years for parklands but wanted the rest to sunset when the
debt service was complete, Councilor Voisin withdrew the motion with Councilor Lemhouse's consent.
Councilor Silbiger/Navickas m/s to amend 4.30.020 D. to say "80% of all taxes collected by the City shall be
used for the purpose of paying wastewater capital improvement projects including but not limited to
wastewater treatment plant debt." Roll Call Vote: Councilor Jackson, Lemhouse, Navickas, Silbiger and
Voisin, YES; Councilor Chapman, NO. Motion passed 5-1.
Councilor Lemhouse/Jackson mls amend motion to make exempt from taxes single events of$5,000 or more
as opposed to the cap. DISCUSSION: Councilor Lemhouse asked for input on the downside of allowing 100%
exemption for events over $5,000, Councilor Chapman responded the tax was not fair, especially to businesses whose
events were slightly under $5,000. Councilor Voisin thought it was unfair to exempt a certain type of restaurant from
the tax and would not vote in favor of the amendment. Councilor Silbiger thought Council lacked the information
needed to approve an exemption, Councilor Navickas was not convinced the City was deterring anyone from large
events and noted people come to Ashland regardless of the 5% tax. Councilor Lemhouse withdrew the motion
with Councilor Jackson's consent.
Councilor Lemhouse/Silbiger mls amend motiou to chauge the maximum amouut from $8,000 to $5,000 and
the cap from $400 to $250. Roll Call Vote: Councilor Jacksou, Lemhouse, Chapman, Navickas aud Silbiger:
YES; Couucilor Voisin, NO. Motion passed 5-1.
Couucilor Jacksou/Lemhouse mls ameud motiou uuder 4.34.030 Exemptious(A) revert to the lauguage as read
by the City Attorney with the additional statement that non-university related catering events are uot exempt.
DISCUSSION: Councilor Navickas thought the university should be exempt and the final clause removed,
Councilor Lemhouse commented removing 'the last part would allow the college to host events and be exempt
whereas other places were not, and preferred keeping the ordinance as proposed, Councilor Voisin eXplained SOU
did not advertise or want to host public events and Council should strike the last part. Councilor Jackson focused on
the University providing food as part of their operations and that SOU was comfortable with the existing language.
Councilor Lemhouse cautioned removing the exemption gave a government run entity an unfair competitive
advantage over private business that have to pay the tax. Councilor Voisin reiterated the university was not
competing for catering business, Roll Call Vote: Couucilor Jacksou, Lemhouse, Chapman aud Silbiger: YES;
Councilor Navickas and Voisin, NO. Motion passed 4-2.
Councilor Jackson/Silbiger mls amend motion to add the language in 4.34.020 a new "5" in place of "Note"
that the restaurant is responsible for paying the tax, the operator shall collect and remit the tax as read by the
City Attorney. Roll Call Vote: Councilor Jackson, Lemhouse, Navickas, Silbiger and Voisin: YES; Councilor
Chapman, NO. Motion passed 5-1.
Mr. Appicello suggested the following language in Section 4.34.130 under Confidentiality: "Except as otherwise
required by law, the City cannot release this information and nothing in this section prohibits this disclosure
in certain situations." Clarify paragraph (C): "What is not prohibited is presentation of evidence to the court or
other tribunal having jurisdiction in the prosecution of any criminal or civil claim." Strike the words "by the
director," and add, "...on an appeal from the director for and up to for the City under this chapter." Add a
new paragraph (0): "Also what is not prohibited is the disclosure of information when such disclosure of
conditionally exempt information is ordered under public records law procedures."
Councilor Lemhouse requested staff create language, within state law that allows public disclosure of restaurants
ASHLAND CITY COUNCIL MEETING
JIIZV 21. 2009
Page 60f8
grossly delinquent in paying the Food and Beverage Tax.
Councilor NavickasNoisin mls to add at the end of AMC 4.34.020 paragraph C. "Ofthe 20%, 20% must be
used for parkland acquisition. DISCUSSION: Councilor Navickas thought the current language was too broad,
noted past funding issues the Parks Department had experienced for large CIP projects and thought it was important
to allocate funds for park acquisitions by establishing a special budget. Councilor Jackson agreed the accounting
could be more in depth but did not want to change the wording. Councilor Chapman did not think the motion
restricted capital improvements and suggested changing the wording to capital improvements on new parks.
Councilor Navickas suggested the language read limited to the Open Space Program. Councilor Silbiger
recommended using the wording in the Parks and Recreation Commission motion. Roll Call Vote: Councilor
Jackson, Navickas and Voisin, YES: Councilor Lemhonse, Chapman and Silbiger, NO. Mayor Stromberg
broke the tie with a YES vote. Motion passed 4-3. .
Councilor Navickas/Silbiger mls AMC 4.34.020(C) strikes: "Beginning with acquisition" and add at the end of
the sentence, ".. .acquisition, planning, development, major rehabilitation per the City of Ashland's Capital
Improvement Plan." DISCUSSION: Councilor Chapman would support the motion but had concerns on what the
voters might think. Roll Call Vote: Councilor Jackson, Lemhouse, Chapman, Navickas, Silbiger and Voisin,
YES. Motion passed.
Roll Call Vote on main motion with amendments: Councilor Jackson, Lemhouse, Chapman, Navickas,
Silbiger and Voisin, YES. Motion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
I. Should Council conduct and approve Second Reading of an ordinance titled, "An Ordinance Related to
Abandoned Vehicles and Repealing Chapter 11.32?"
City Attorney Richard Appicello read the ordinance title in full and added the following change to Section 1 as
recommended by the City Recorder: "New Sections 11.32.010 Definitions through 11.32.050 Noticing of Towing
of Abandoned Vehicles are hereby added to repeal chapter 11.32 and those new sections are as follows."
'Councilor Chapman/Jackson mls to approve Ordinance #2988 with changes read by the City Attorney. Roll
Call Vote: Councilor Chapman, Lemhouse, Silbiger, Voisin, Navickas and Jackson, YES. Motion passed.
2. Should Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter
13 to Establish Standard Forms for Right-of-Way Regulation and Providing for Donation or Loan of
Functional Items?"
City Attorney Richard Appicello read the ordinance title in full with the addition of "Section 5. Delayed Effective
Date, In order to allow time for the City Council to adopt standard forms and implementing documents, this
ordinance shall not be effective until November 1,2009," and renumbered Section 6. Codification with the cross-
reference section changed to reflect Section #5.
Councilor SilbigerNoisin mls to approve Ordinance #2989 with changes stated by the City Attorney.
Roll Call Vote: Councilor Jackson, Navickas, Silbiger, Voisin, Lemhouse and Chapman, YES. Motion passed.
3. Should Council approve Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter
13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44?"
City Attorney Richard Appicello read the ordinance title in full with changes to Section 3. A new chapter AMC
13.03 adding the words Sidewalk Cafe, Special Event and Publication Box Regulations is hereby added to read
as follows." Changing the words "free speech zones" to "free publication zones" in AMC 13.03.050 Interim
Regulations for Publication Boxes and striking the word "foot" from minimum clearance, Adding "Section 6.
Delayed Effective Date. In order to allow time for the City Council to adopt stand forms and implementing
ASHLAND CITY COUNCIL MEETING
July 21. 2009
Page 70f8
documents, this Ordinance shall not be effective until November 1, 2009," and subsequent Section 7.
Codification with the cross-reference section changed to reflect Section #6.
Councilor JacksonlLemhouse mls to approve Ordinance #2990 with changes and clarifications by the City
Attorney. Roll Call Vote: Councilor Chapman, Navickas, Jackson, Silbiger, Lemhouse and Voisin, YES.
Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of land use
application approvals?
Delayed due to time constraints,
UNFINISHED BUSINESS-continued
2. Does Council approve first reading of an ordinance adding chapter 18.63, Water Resources Protection
Zones and related Comprehensive Plan and Land Use Ordinance amendments?
Community Development Director Bill Molnar eXplained the primary impact of the ordinance would apply to
applications for new development that result in substantial changes to a protected zone and land use applications on
properties containing one of these resources, The ordinance was also an opportunity to look at long-term management
requirements and provide more direction on management obligations for Home Owner Associations, etc, The
ordinance would have limited effect on properties not proposing changes to a protection zone or part of a development
application,
The proposed ordinance was not retroactive and would not require removal of existing buildings, patios, decks or
prohibit gardening and maintenance practices in protection zones in residential or commercial areas. Staff proposed
exceptions that would allow existing landscaping maintenance, use of traditional non-native plants, and restrict the
removal of native trees, planting invasive or noxious plant materials or expanding existing lawns, Another exception
was not allowing the installation or expansion of new structures, impervious surfaces such as concrete patios, asphalt
parking or driveways in a protection zone.
The provisions of the ordinance would apply to land use applications that involve property in a protection zone such
as subdivisions, site review projects for commercial development or multi family developments. Some applications
that do not propose changes in protection zone areas will still require a management plan to notify the existing or
future owners those areas require specific maintenance consistent with the ordinance.
In addition to protecting water quality, the ordinance would extend to critical areas for fish, wildlife and habitat that
are important functions in terms of flood control, resiliency and are in line with meeting the minimum requirements of
State GoalS,
Council agreed to have staff combine the exempt and limited use sections of the ordinance to reduce the length of the
document and eliminate restoration requirements for exempt activities and uses.
Council discussed whether to maintain lists of acceptable native plants and prohibited invasive plants, Options
included, removing the list from the ordinance and maintaining it by resolution, eliminating the 50% reduction and
native plant requirements to including lists of acceptable and prohibited plants in the ordinance,
Mr. Appicello explained the provisions of State GoalS call for demonstration that ensure equal or better protection for
identified resources through restoration of riparian areas, enhanced buffer treatment or similar measures, Due to time
constraints, further discussion was delayed until the August 18, 2009 City Council meeting.
Councilor Jackson/Chapman m/s to continue deliberation on the Water Resources Protection Ordinance to
the August 18,,2009 City Council meeting. Voice Vote: all A YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
Jllly 21. 2009
Page 8 0[8
OTHER BUSINESS FROM COUNCIL MEMBERSlREPORTS FROM COUNCIL LIAISONS
I. Transportation Commission
2. Planning Commission
Delayed due to time constraints,
ADJOURNMENT
Meeting was adjourned at 10:30 pm.
Barbara Christensen, City Recorder
John Stromberg, Mayor
r
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Recommendations from the Public Art Commission
Acceptance of a Loan of Public Art
August 4, 2009 Primary Staff Contact:
Administration E-Mail:
None ~ Secondary Contact:
Martha Bennett flr'v Estimated Time:
Ann Seltzer
scltzera(i1lash land.oLus
Consent
Question:
Does the Council approve the recommendations of the Public Art Commission to accept a loan of
Public Art from artist Kevin Christman for placement on private property owned by Jerry and Cherie
Garland?
Staff Recommendation:
Staff recommends Council approve the recommendation.
Background:
AMC 2.17 allows for the acceptance of gifts and loans of Public Art (2.17.110) and for the placement
of public art on private property (AMC 2,17.120)
Artist Kevin Christman and property owner Jerry and Cherie Garland met with the Public Art
Commission in June. Christman has offered the sculpture "Alchemy of Light" as a loan of public art
to be placed on the Garland property located at 199 East Main Street (Soundpeace). The Commission
has determined that the art meets the criteria in AMC 2.17.130 and the proposed site is appropriate for
~~~ .
The loan is being offered for an unlimited period of time. The piece will be placed on a 5 foot pedestal
in front of the building (see attached map) with ivy trained to climb and surround the pedestal.
The Commission voted to accept the loan and is asking for Council approval. Pending CounciI'
approval, the City will secure a Public Art Easement with the property owner as required by AMC
2.17.120.
Related City Policies:
AMC 2,17
Council Options:
Approve the recommendation(s) of the Public Art Commission.
Do not approve the recommendation(s) and provide feedback to the Public Art Commission.
, Potential Motions:
I move to approve the recommendation of the Public Art Commission to accept the loan of public art
known as Alchemy of Light to be sited on private property at 199 East Main Street.
Page 1 of2
r~'
CITY OF
ASHLAND
I move to deny the recommendation of the Public Art Commission and
Attachments:
Letter from property owner Jerry Garland and photo and description of "Alchemy of Light" from artist
Kevin Christman.
Page 2 of2
r~'
June 2009
City of Ashland Public Art Commission
20 East Main Street
Ashland, OR 97520
Dear City of Ashland Public Art Commission:
We are the owners of the property located at 199 E, Main tax lot
number 391E09BA TL 10500, Our tenants are Soun:dp'eace andZoey's Cafe.
This letter is to initiate the process to display public art on our
property in front of Soundpeace" Ashland Municipal Code 2.17,120
provides for the plac,effi<O!!1.tof public i'l1:'1:: ()n private property if the
site is appropriate under rhe Site Selection criteria in 2,17,130,
We have met with the Public Art Commission twice and have received
oral support of the proposal, We understand the Commission is
waiting for-the appropriate:tegal instrument before moving the
recommendation to the City Council for final approval at their
July 21 meeting.
We have an agreement with artist Kevin Christman to display his
sculpture, Alchemy of Light, for an indeterminate period, The.--u
display may be terminated by mutual agreement between Mr, Christman,
'and the Garlands,The sculpture will be on loan to the City as is
allowed in the Ashland Municipal Code Section 2,17,100 which
provides the City via the Public Art Commission to accept a,piece
of art as a loan.
The code requires a written agreement .of legal instrument granting
the city permission and control of the property for the time the
art is displayed and on loan to the City of Ashland. We understand
the City's legal department will draft the written agreement
for ourcons1deration and final approval. -
:-...
Attached is'amap of'theproperty indicating the ' location of the
sculpture on the property,
We are eager to move forward with this proposal and look forward
::n:::::::,;:;J;'Z::k f~C~
Jerry and Cherie Garland
921" Mountain Meadows Circle
Ashland, OR 97520
488-3436
N
W-\r'
s
o
I
25
I
July 14,2009
Loan of A'rt to City of Ashland
For display on private property
199 E Main Street
Artist:
Kevin Christman
593 Fairview Ave
Ashland, OR 97520
541-840-1034
Title:
"Alchemy of Light"
Sculpture Material:
Size
Weight
Bronze
24" H x 42"W x 32"0
300lbs
Base Material:
Size
Weight
Powder Coated Steel Mesh
62"H x 18"W x 18"0
250 Ibs
A concrete foundation measuring 24" x 24" x 24" with four 3/4" mounting posts will be
poured to accept the 18" x 18" base.
Existing lighting will be upgraded by the property owner to provide adequate
illumination.
Little to no maintenance will be necessary due to the nature of the materials.
The sculpture will be placed on a steel mesh base with Ivy plants trained up the sides to
make it blend into the surrounding greenery and give the sculpture a floating feeling.
The sculpture is set back from the walkway and is located high enough not to impede any ,
pedestrian traffic, it will also discourage vandalism and allow for optimum viewing and
appreciation.
1,
d eace) building
199 E. Main St (Soun p ,
1::
Q)
e
n.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Recommendations from the Public Art Commission
Acceptance of a Gift of Public Art
August 4, 2009 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Bennett W Estimated Time:
'l,c..
Ann Seltzer
sel tzera(@ashland.or.us
None
Consent
Question:
Does the Council approve the recommendation of the Public Art Commission to accept a gift of public
art from Alice Hardesty?
Staff Recommendation:
Staffrecommends Council approve the recommendation.
Background:
AMC 2.17 allows for the acceptance of gifts of Public Art (2,17.110).
Former City Councilor Alice Hardesty has purchased the sculpture "Gift" by artist Wataru Sugiyama.
The piece is currently on loan to the City and is on display for a two year period on the Calle
Guanajuato staircase. Hardesty is offering the piece as a gift to the City of Ashland in memory of her
late husband, former city councilor Jack Hardesty.
Hardesty hopes to secure approval from the Parks and Recreation Commission to site the piece in the
Japanese Garden in Lithia Park in 20 II following the two year period it is on display in its current
location. If the Parks Commission does not allow for the piece to be sited in Lithia Park the Public Art
Commission will work with the donor to identify an alternative location,
The Commission has determined that the art meets the criteria in AMC 2,17.130. The Public Art
Commission voted to accept the gift at their July 17 meeting, The commission is now asking for
Council approval.
Related City Policies:
AMC 2.17
Council Options:
Approve the recommendation of the Public Art Commission,
Do not approve the recommendation and provide feedback to the Public Art Commission.
Potential Motions:
I move to approve the recommendation of the Public Art Commission to accept the gift of public art
known as "Gift" from Alice ,Hardesty.
I move to deny the recommendation(s) of the Public Art Commission and
Page 1 of2
r~'
CITY OF
ASHLAND
Attachments:
1. Letter from Alice Hardest and photo of "Gift" by Wataru Sugiyama,
Page 2 of2
rj.'
A lice Hardestv
575 Dogwood Way
Ashland, OR 97520
(541)488-8076
ahardesty88@charter.net
Melissa Markell, Chair
Public Arts Commission
City of Ashland
July 6, 2009
Dear Melissa and other Public Arts Commissioners,
I was pleased that you selected the sculpture "Gift" by Wataru Sugiama for a 2-
year exhibit on Calle Guanajuato. At this time I am discussing with Wataru the
proposed purchase of his sculpture as a memorial to my late husband, Jack
Hardesty. He and Wataru were good friends and Jack admired Wataru's work.
It's my understanding that the piece would remain where it is for 2 years, then be
movec.i to another suitable location on City property in perpetuity. Wataru and I
would like it to end up in the Japanese Garden, but I understand' that this would be
up to the Parks Commission.
I would hope that a small plaque memorializing Jack could be attached to the
piece in an appropriate place. Since I will be moving out of town early in August,
I would like to come to your July 17'h meeting to discuss this with you.
Congratulations on all the progress you're making to bring public art to Ashland.
You're a very effective commission and I'm proud to have been associated with
you.
I'll look forward to discussing all this further, hopefully on the 17'h.
Best regards,
Alice Hardesty
CITY OF
ASHLAND
Council Communication
Approval of a Special Procurement for Safety Trainin~
Meeting Date: August 4, 2009 Primary Staff Contact: Dick Wanderscheid
Micheal Faught
Department: Public Works E-Mail: wandersla!ashland. or, us
faughtmla!ashland.or. us
Secondary Dept.: Purchasing Secondary Contact: Scott Johnson
~v Mike Morrison
Approval: Martha Bennett Estimated Time: Consent
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement
(Contract-specific special procurement) requesting approval to directly award a contract for safety
training to Evergreen Job and Safety for a tenn of three years beginning July 1,2009 and ending on
June 30, 2012?
Staff Recommendation:
Staffrecommends that the Special Procurement be approved.
Background:
A Special Procurement is basically a contracting procedure that differs from the procedures required
for an Intennediate Procurement (3-written quotes), Invitation to Bid or Request for Proposal. The
proposed procedure being recommended is direct award per the attached Request for a Special
Procurement. For more infonnation, please see the attached Request for a Special Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Request for a Special Procurement
Proposal and Written Findings
Page I of 1
~~.,
FORM #9
CITY OF
ASHLAND
REQUEST FOR APPROVAL
SPECIAL PROCUREMENT
To:
City Council, Local Contract Review Board
From:
Dick Wanderscheid and Michael Faught
Date:
July 29, 2009
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justif'y the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name:
Electric and Public Works
2. Department Contact Name:
Dick Wanderscheid and Michael Faught
3. Type of Request:
Class Special Procurement
X Contract-specific Special Procurement
4. Time Period Requested: From Julv I, 2009
To:
June 30. 2012
5. Total Estimated Cost:
Electric Department (3) Years - $67.671,48
Public Works (3) Years - $69.293.40
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
Job and Safety Training (Required bv Federal OSHA. NESC. Oregon PUe. NFP A and the City's
own requirements for safety)
7. Backgrouud and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
A three (3) vear contract. resulting from a formal solicitation (Request for Proposal) expired on June
30.2009. At that time. Evergreen Job and Safety was the highest ranked proposer and their fees were
considerably lower than the fees being proposed by the other two proposers. Evergreen Job and
Safety has an excellent historv and relationship with both departments. The City relies heavily on
Evergreen to develop and coordinate the safety training curriculum that is required for the City to
remain compliant with all of the safety rules and regulations. Therefore. both departments are in
agreement that it would be in the City's best interest to directlv award a three (3) year contract to
Evergreen Job and Safety.
Fonn #9 - Special Procurement - Request for Approval, Page 1 of 4,7129/2009
8. Justification for use of Special Procurement: Describe the circumstances thatjustif'y the use of a
Special Procurement. Attach relevant documentation.
Evergreen Job and Safety has an excellent historv and relationship with the Electric Department and
Public Works. Both departments rely heavily on Evergreen Job and Safety to remain compliant with
all of the mandatorv safety rules and regulations. including the documentation requirements. These
services could not be provided by City staff at a lower cost to the City. Nor does the City possess the
expertise that Evergreen possesses. Therefore. both departments are in agreement that it would be in
the best interest of the City to directly award a three (3) contract to Evergreen Job and Safety.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
(a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
An RFP was processed in 2006-2007. and Evergreen Job and Safety was awarded a contract for a
period of three years which expired on June 30. 2009. Both departments are in agreement that it
would be in the best interest of the City for Evergreen Job and Safety to continue providing safety
training to their departments.
(Please provide specificinfonnation that demonstrates how the proposed Special Procurement meets this requirement.);
and .
(b )(i) will result in substantial cost savings to the contracting agency or to the public because:
The services provided by Evergreen Job and Safety could not be done in house at a lower cost. City
staff does not currently have sufficient expertise in safety training. Nor does the City have the
staff to develop. coordinate and document the extensive and various safety training curriculum that
would be required to satisfy all of the rules and regulations required by OSHA. NESe. Oregon PUC.
NFP A.
(Please provide the total estimate cost savings to be gained and the mtionale for determining the cost savings); or
(b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Evergreen Job and Safety has an excellent historv and relationship with both the Electric Department
and Public Works. They will continue to provide quality safety training to keep both departments in
compliance with the rules and regulations required by OSHA. NESe. Oregon PUC. and NFPA. And.
both departments strongly agree that this agreement with Evergreen Job and Safety to provide safety
training to their departments is in the City's and public's best interest to enter into a three year
contract with Evergreen Job and Safety for safety training.
(Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.)
Fonn #9 - Special Procurement - Request for Approval, Page 2 of 4, 7/29/2009
Public Notice:
Pursuaut to ORS 279B.085(5) and OAR 137-047-0285(2), a Coutracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice of the approval of a Special Procurement at least seven (7) Days
before Award of the Contract.
Date Public Notice first appeared on www.ashlancl.or.us- August 5. 2009
*** PEN[))NG COUNCIL APPROVAL ***
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: August 5, 2009
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on Augusl4. 2009.
The Special Procurement is for a "Contract-specific special procurement" (a single
contract) which has been approved for a period of three (3) years beginning July 1,2009
and ending June 30, 2012. The City intends to award the contract for safety training to
Evergreen Job and Safety. Evergreen Job and Safety has an excellent history and
relationship with both the Electric Department and Public Works. The City relies heavily
on Evergreen to develop and coordinate the safety training curriculum that is required for
the City to remain compliant with all of the safety rules and regulations required by
various agencies (Federal OSHA, NESC, Oregon PUC, and NFP A).
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279BAOO and OAR 137-047-0300. A written protest shall be
. delivered to the following address: City of Ashland, Kari Olson, Purchasing
Representative, 90 N. Mountain, Ashland, Oregon 97520. The seven (7) protest period
will expire at 5:00pm on August 12, 2009.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Fonn #9 - Special Procurement - Request for Approval, Page 3 of 4,7(29/2009
Authority to enter into a Special Procurement:
AMC 2.50.070 Procedures/or Competitive Bids
All Public COlltraets sllall be based upon Compelirive Bidding pursuant 10 ORS 279A - 279C ([lid the AtIorney Genera!
Model Rules. OAR Chapfer /37 Divisiolls 46 - 49. except for the/allowing:
G. Special procurements as setfmth ORS 279B.085 alld herein.
ORS 279B.085 Special proClIremellts. (1) As used in Ihis sectioll and ORS 2798.400:
(a) "Class special procuremem" means a cOlltrac/ing procedure that differs from the procedures described in ORS 279B. 055,
279B.060. 2798.065 and 2798.070 and is for the purpose of elltering il/10 a series of contracts Ol'er lime for the acquisition of a specified
class of goods or services.
(b) "Con/ract-specific special procurement" means a commeliJlg procedure that differs from fhe procedures described in ORS
279B.055, 2798.060. 279B.065 and 2798.070 and isJor the purpose of entering into a single cOJltract or a number of related contractsfor
the acquisition of specified goods or services on a one-time basis or for a single project.
(c) "Special procurement" means. unless the context requires otherwise, a class special procuremelll. a contract-specific special
procurement or both.
(2) Except as provided in subsection (3) of this section. to seek approval of a special procurement. a contracting agency shall submit a
written request to the Director of the Oregon Department of Administrative Services or the local contract review board. as applicable, that
describes the proposed cOll1racting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procuremelll under the standards set forth in subsection (4) oJthis
section.
(3) When the contracting agency is the office of the Secretary' of State or the office of the State Treasurer, to seek approval oj a special
procurement, the contracting agency shall submit a written request to the Secretary oJState or the State Treasurer, as applicable, that
describes the proposed cOlltracting procedure. the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justifY the Ilse of a special procurement under the standards set Jorth in subsection (4) oj this
section.
(4) The director, a local contract review board, the Secretary' of State or the State Treasurer //lay approve a special procurement if the
director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demonstrates that the use of a special procurement as described in/he request, or an alternative procedure prescribed by the director, board,
Secretary' of State or State Treasurer, will:
(a) Be unlikely to encourage favoritism in the awardiflg of public contracts or to substalltially diminish competition for public colltracts;
'alld
(b)(A) Result ill substalllial cost sa~)illgs to the contracting agency or to the public; or
(8) Othenl'ise substalllially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 2798.070 or under any ndes adopted thereunder.
(5) Public no/ice of/he approml of a proposed special procUremelll//lUst be given in the same manner as provided in ORS 279B.055
(4).
(6) If a contract is awarded through a special procurement, the contracting agency shall award the colllrac/to the offeror whose offer.
the contracting agency deTermines in writing to be the most advantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement
under this section, the contracting agency may award COl/tracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 ,$57; 2005 c.103
.i'8d]
OAR J 37-047-0285 Special ProcuremelllS
(I) Generally. A Contracting Agency may Award a Contract as a Special Procureme!l1 pursuant to the requirements'ofORS 2798.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Co!l1ract Review Authority's approval of a Special
Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public
flotice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procuremelll. The Contracting
AgencJ' shall give such public notice of/he approval of a Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. An Affected Person may prOTest the request for approval of a Special Procurement in accordance with ORS 2798.400
and OAR 137-047-0700.
Fonn #9 - Special Procurement - Request for Approval, Page 4 of 4, 7/29/2009
EVERGREEN JOB & SAFETY TRAINING
Douglas J. Lindstrom - President
309 Knoch ^ venue, Susanville, California 96130
Omce Phone: (530)257-7812 Omee Fax: (530) 257-8266 Cell Phone: (530) 251-7743
July 21, 2009
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Attn: Scott Johnson
Re: Safety Training Proposal
- Electric and Public Works
Dcar Mr. Johnson:
I appreciate the oppoltunity to prcsent you with this proposal. As your Job and Safety Training
Instructor, I will be dedicated to providing you with the best possible service to meet the specific
nccds of the City of Ashland Electric and Public Works Depattments. This proposal is bascd on 12
programs pel' year for the next three years, July 2009 through July 2012. Following is a break down of
the price per month and the price pel' year including our one-time 10% inflationary increase and our
standard 4% arumal incrcase:
ELECTRIC DEPARTMENT:
Basic Rate for i6-20 Employees
PUBLIC WORKS DEP ARTMENT:
Basic Rate for up to 60 Employees
2009-2010
Annual: $21,678.48
Monthly: $1,806.54
2009-2010
Annual $22,198.08
Monthly $1,849.84
2010-2011
Annual: $22,545.60
Monthly: $1,878.80
2010-2011
Annual $23,085.96
Monthly 1,923.83
2011-2012
Arulllal $23,447.40
Monthly $1,953.95
2011-2012
Annual $24,009.36
Monthly $2,000.78
This inclndcs all of my expenses, including Administration, Record Keeping, Program Development,
Travel, Lodging, Meals, etc. Cerlain additional Training Materials such as CPR/First Aid and Traffic
Control Training Manuals will be billed to you at my cost. I will discuss the cost of these materials
with you prior to supplying any ofthcm to your employees.
I look forward to serving you in this capacity. Please call if you hayc any questions and thank you
again for this OppOltllllity.
Sincerely,
Douglas J. Lindstrom
PresidentlInstructor
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
July 13, 2009 ~D
Lee Tuneberg
Dick Wandersche' ..'
Eyergreen Joh and'Safi ty'training
The City of Ashland's Electric Depatiment has used thc Eycrgreen Job and Safety Training Company to
proyide safety training to electric personnel since 1996. This service is provided for us on site with
monthly meetings that coyer the variety of safety related concerns and issues of thc electric utility
industry. The seryice also provides record keeping and storage of safety related documents that we need
to keep on file to comply with state and federal laws and requirements. We bid this service out in
January 2007 and received 4 bids. We received three were lump sum bids and one that consisted of
hourly rates only. Evergreen's first year bid was $36,878 while Suceed's bid was $56,400 and PCA's
bid was $53,600 to provide this scryice to both electric and public works.
Based on these results the contract was awarded to Eyergrcen for three years, That contract time has
now reached its end and it's time to replace it with a new three year commitmcnt. We feel strongly that
this service should again bc proyided by Eyergreen. We have been extremely happy with their service
and responsiyeness. Also the fact that they continue to update, keep and store our safety records is a .
yery yaluable service. Electric's current annual cost of using Evergreen to provide this service is only
$20,180 and there is no way that it could be done in housc for anywhere near these costs. Also we do not
have in house expertise in many areas that Evergreen possesses, That couplcd with competing costs we
encountered when this was last bid out in 2007 leads us to strongly belieye that rencwing this contract
for three years is in the City's best interest.
Feel free to givc mc a call at 552 206 Iif YOll have questions or need further assistance on this issue.
Thanks for your attention to this matter.
cc: Scott Jolmson
ElectrlcDepl.
90 N Mountain SI.
Ashland, Oregon 97520
YMW.ashland.or.us
Tel: 541-488-5357
Fax: 541-552 2436
TTY: 600.735.2901)
,~,
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
July 17,2009
Lee Tuneberg
Michael MOlTison
Evergreen Job and Safety Training
The Public Works Department has been using Eyergreen Joh and Safety Training since 2000. The
department began using them after learning that the Electric Department used their seryices and was
yery happy with the service proyided. In the 9 years sinee they stattedour training, we'ye deyeloped a
very good working relationship with that company, and haye relied on them heayily to keep us
compliant both with OSHA standards and with our own in house requirements for safety. A tlu-ee year
contract was signed in 2007, but that contract will expire before the end of this fiscal year. When we
went out to bid thc last time we were unable to find othcr companics that could compete with the service
provided by Evergreen Job and Safety for the price they quoted. With a relatively small number of
vendors available for this,type of training, its unlikely things will have changed in this shOlt amount of
time.
Due to our yery good relationship with Eyergreen, it's in the City's best interest to continue using their
services. We are very happy with this company and we feel that the time required to switch companies
and develop a curriculum with a new company would make it very difficult and inefficient to spend the
time to rebid this contract. It's in the City's best interest to continue using Evergreen Job and Safety.
Public Worksl Malnl. & Salory
90 N. MountalnAve.
Ashland, Oregon 97520
mornsm@ashlaod.or.us
Tel: 541-552.2355
Fax: 541.552.2304
TTY: 800.735.2900
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Acceptance of a Federal Aviation Administration Grant for Improvements at
Ashland Municipal Airport
August 4, 2009 Primary Staff Contact:
Public Works/Engineering E-Mail:
Finance Secondary Contact:
Martha Bennett ~~c... Estimated Time:
James Olson 552-2412
olsoni0lashland.or.us
Scott Fleury
Consent
Question:
Will Council accept a grant offered by the FAA in the amount of $199,000 to fund preliminary
engineering services in the development of the runway rehabilitation project at Ashland Municipal
Airport?
Staff Recommendation:
Staff recommends that the Council accept the $199,000 grant offered by FAA to fund preliminary
engineering services in the deyelopment of the runway rehabilitation project at Ashland Municipal
Airport.
Background:
Action Summary
The Federal Ayiation Administration (FAA) has approyed the City's submittal of a project to
reconstruct runway 12/30 and to install Precision Approach Path Indicators (P API's) at Ashland
Municipal Airport. The design phase of this project will be funded from non-primary entitlement
funds that are allocated to the airport on an annual basis. FAA has offered $199,000 from this source
to finance all preliminary engineering costs anticipated in the development of this project. The grant
has a 5 percent match requirement that the City will proyide as a soft match derived from staff time
and expenses incurred in the development of the project. This $199,000 grant is for engineering design
services only. Construction costs will be provided for through an AlP grant which will be available in
early 20 I O.
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 Ayiation (ODA).
Aviation payement surfaces (runway, taxiway, taxi lanes, connectors and aprons) are maintained
through the Payement Eyaluation and Maintenance Management Program administered by ODA.
Over the past seyeral 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 haye been
applied including flexible crack seals, pavement inlays and slurry seals, but none haye proven to be
100% effective. The most recent studies have indicated that a full payement overlay is needed at this
time.
Page 10f2
r~'
CITY OF
ASHLAND
In addition to the runway overlay, it was also recommended that the existing Visual Approach Slope
Indicators (V AS I) 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 ASI system would be included as the second part of the construction project.
Consultant Selection
The consulting firm of Reid Middleton, Inc. was selected through a formal "request for proposal"
(RFP) process and a contract in the amount of $ I 95,399.00 was approved by the Council on June 16,
2009. Design work on the project was begun later that month as the existing runway surfaces were
tested, bored and sampled. Preliminary cost estimates have been prepared and reported to FAA for
development ofa later construction grant which may run as high as $1.6 million.
FAA Grants
In addition to the $ I 99,000 non-primary entitlement grant, the City has been tentatively approved to
receive an FAA AlP grant for up to $ I ,600,000. If this grant is offered under this economic stimulus
program it will be a 100% grant, however most AlP grants require a 5 percent match as do entitlement
grants. The City's match again will be in the form ofa "soft match" and comprised of staff time and
expenses. It is anticipated that these funds might be available in early summer of 20 I O.
Related City Policies:
The Council has authority to enter into agreements and to accept grants offered by other governmental
agencIes.
Council Options:
. The Council may accept the grant offer of$199,000 from FAA for development of the Runway
Rehabilitation Project at Ashland Municipal Airport
. The Council may reject the grant offered by FAA
Potential Motions:
. Moye to accept the grant offer of$199,00 from FAA for deyelopment ofthe.Runway
Rehabilitation Project at Ashland Municipal Airport
. Move to reject the grant offer
Attachments:
I. Vicinity maps
2. Grant offer instruction letter
3, Grant agreement
Page 2 of2
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U.S. Deportment
of Transportation
Federal Aviation
Administration
Federal Aviation Administration
Northwest Mountain Region
Seat1le Airports Dlstriel Office
1601lind Avenue, S.W" Suite 250
Renton, Washing Ion 98057-3356
July 16, 2009
r.t....... "'\. ,,-,.,
''''11-1 I (' 'i"'" ,,,.
'; . :"",.. 'I.",..c: F t/?--- Ii r
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Mr. Mike Fraught
Director of Public Works
City of Ashland
20 East Main Street
Ashland, Oregon 97520
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Dear Mr. Fraught:
Grant Offer for
Ashland Municipal Airport; Ashland, Oregon
AlP Project Number 3-41-0002-008
Enclosed are two copies of the subject grant offer. Please note that:
a. The grant offer must be accepted by the sponsor on or before August 16.. 2009.
b. The grant offer must be accepted by an official authorized by the goyerning
agency to do so.
c. The "Certification of Sponsor's Attorney" relates to the acceptance and,
therefore, must be made after the Sponsor's acceptance.
d. After execution is completed, please return an executed copy of the grant
agreement to this office by mail.
All applicable project-related requirements pertaining to environmental analysis and approval for
this grant have been met in accordance with the guidelines contained in FAA Order 5050.48,
Airport Enyironmental Handbook.
If you have any questions in regard to acceptance of the grant offer, please contact your project
manager.
~
/J \ -r~~
S anley C. AI)i!} n
Acting Manper, Seattle Airports District Office
Enclosures
cc: Oregon Department of Aviation
f~.
u.s. Department ofTransportation
Federal Aviation Administration
Page 1 of 6 pages
Grant Agreement
Part 1 - Offer
Date of Offer: July 16, 2009
Ashland Municipal Airport
Ashland, Oregon
Project Number: 3-41-0002-008
Contract Number: DOT-FA09NM-0161
To:
City of Ashland, Oregon (herein cailed the "Sponsor")
From:
The United States of America (acting through the Federal Aviation Administration, herein
. called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 14, 2009, for a grant of
Federal funds for a project at or associated with the Ashland Municipal Airport which Project Application, as
approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approyed a project for the Airport (herein called the "Project") consisting of the
following:
Rehabilitate Runway 12/30 (Phase 1), design only; Install precision approach path
indicator (PAPI) (Phase 1), design only;
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 6 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter proYided, and
(b) the benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with tlie assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to
pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-fiye (95)
percentum of all allowable Project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this Offer shall be $199,000.00. For
the purposes of any future grant amendments which may increase the foregoing maximum
obligation of the United States under the proYisions of Section 47108(b) of the Act, the following
amounts are being specified for this purpose:
$ 0.00
$199,000.00
for planning
for airport development or noise program implementation
2.
The allowable costs of the project shall not include any costs determined by the FAA to be ineligible
for consideration as to allowability under the proYisions of the Act.
3.
Payment of the United States' share of the allowable project costs will be made pursuant to and in
accordance with the proYisions of such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States' share will be based upon the final audit of the total amount
of allowable project costs and settlement will be made for any upward or downward adjustments to
the Federal share of costs.
4.
The Sponsor shall carry out and complete the Project without undue delays and in accordance with
the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees
to comply with the assurances which were made part of the project application.
5.
The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the
Sponsor. '
6.
This Offer shall expire and the United States shall not be obligated to pay any part of the costs of
the project unless this Offer has been accepted by the Sponsor on or before August 16, 2009, or
such subsequent date as may be prescribed in writing by the FAA.
7.
The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner
in any project upon which Federal funds have been expended. For the purposes of this grant
agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that
were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the
approyal of the Secretary as to any determination of the amount of the Federal share of such funds.
It shall return the recoyered Federal share, including funds recovered by settlement, order, or
judgment to the Secretary. It shall furnish upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in
court or otherwise, inyolving the recoyery of such Federal share shall be approved in adyance by the
Secretary. .
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
9. Traffickinq in persons:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not-
i. Engage in seyere forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subreceipient that is a private entity -
i. Is determined to haye yiolated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either --
A. Associated with performance under this award; or
S. Imputed to your or the subrecipient using the standards and due process for imputing the
conduct of an indiyidual to an organization that are provided in 2 CFR part 180, "OMS
Guidelines to Agencies on Goyernmentwide Debarment and Suspension (Nonprocuremenl),"
as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that
is a private entity -
1. Is determined to have yiolated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to haye yiolated an applicable prohibition in paragraph a.1 of this award
term through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2, CFR part 180,
"OMS Guidelines to Agencies on Goyernmentwide Debarment and Suspension
{Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 6 pages
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receiye from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104 (g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a priyate entity.
d. Definitions. For purposes of this award term:
1. "Employee' means either:
i. An individual employed by you or a subrecipienl who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
indiyidual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2. "Forced labor". means labor obtained by any of the following methods: the
recruitment, harboring, transportation, proYision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
3. "Priyate entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than. one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Seyere forms of trafficking in persons," "commercial sex act,' and "coercion' haye
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
Special Conditions
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that
the maximum grant obligation of the United States exceeds the expected needs of the Sponsor the
maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising
of the budget change. Conversely; if there is an oyerfund in the total actual eligible and allowable
project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will adyise the sponsor by
letter of the increase. It is further understood and agreed that if, during the life of the project, the
FAA determines that a change in the grant description is advantageous and in the best interests of
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 6 pages
the United States, the change in grant description will be unilaterally amended by letter from the
FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is
adjusted to the amount specified or the grant description is amended to the description specified.
FAA Form 5100-37 PG 5 (10-89)
Page 6 of 6 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as proYided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
/ -~ -
~r;;" c. ~1;;;Y'il;; r:~i'i;;.. ... ...
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements contained in the Project Application and incorporated materials referred to in the foregoing
Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Project Application.
Executed this. . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2009.
City of Ashland, Oregon
(SEAL)
~...........................................
Sponsor's Designated Official Representative
Title:......,..,..,..........".,..................... .
Attest: .........................
Tille:........................... .
CERTIFICATE OF SPONSOR'S ATTORNEY
I, . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of Oregon. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants
involYing projects.to be carried out on property not owned by the Sponsor, there are no legal impediments that
will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at . . . . . . . . . . . . . . . . . . . . , . . " this..................,... day of . . . . . . . . . . . . . . . . ., 2009.
.............................-.,................ .
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Agreement for Services Rogue Valley Transit District
August 4, 2009 Primary Staff Contact: Michael R. Faught
PW Engineering E-Mail: faughtm@ashland.or.us
Administration j91? Secondary Contact: Ann Seltzer
Martha Bennett pi v Estimated Time: Consent
Question:
Will the Council approye the Agreement for Services between the City of Ashland and the Rogue
Valley Transportation District?
Staff Recommendation:
Staffrecommends that the Council approve the Agreement for Services between the City of Ashland
and the Rogue Valley Transportation District.
Background:
At the May 5, 2009 City Council meeting, the City Council moved to restore Route 5 (renumbered to
Route 15) for 10 hours per day for $251,797; to provide a free bus pass allocation up to $10,000 for
Oregon Trail Card holders; to allocate $262,000 for transportation and R VTD Services for 2009-10;
and directed staff to apply for a Business Energy Tax Credit (BETC). The restoration of Route 15 will
provide 15-minute, fixed-route service between the downtown area, Ashland St, Tolman Creek Rd and
Highway 66/Siskiyou Boulevard.
In addition to restoring route 15, the Council's action also reduced the transit subsidy from 75% to
50%. This change in subsidy means that the City will pay $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).
In order to implement the new transit program approved by the City Council, staff developed the
attached Agreement for Services between the City of Ashland and the Rouge Valley Transportation
District.
Generally a new service agreement would take effect at the beginning of the fiscal year July 1,
however in this case, RVTD informed the City that they needed to extend the start date of the new
transit program to September 8, 2009 in order to assign the appropriate staff to the restored route 15.
Page I of3
r:.,
CITY OF
ASHLAND
The proposed Ashland Transit Routes are as follows;
L","
Ashland Routes
_Route 10
_Ashland Loop (proposed)
'["
_\
Related City Policies:
. Ashland Municipal Code
. Ashland's FY 2009-10Budget
. Ashland's Transportation System Plan
. Ashland's Transportation Element of the Comprehensive Plan
Council Options:
. The City Council could approye the Agreement for Services between the City of Ashland and
the Rogue Valley Transportation District.
. The City Council could decide not to approye the Agreement for Services between the City of
Ashland and the Rogue Valley Transportation District.
Page 2 of3
r.l'
CITY OF
ASHLAND
. The City Council could decide to modify ( )the Agreement for Services
between the City of Ashland and the Rogue Valley Transportation District.
Potential Motions:
. Moye to approve the Agreement for Services between the City of Ashland and the Rogue
Valley Transportation District.
. Move not to approye the Agreement for Services between the City of Ashland and the Rogue
Valley Transportation District.
. Moye to modify ( ) Agreement for Services between the City of Ashland and the
Rogue Valley Transportation District.
Attachments:
. FY 2009-2011 Draft Agreement between the City of Ashland and RVTD
. FY 2008-09 Agreement between the City of Ashland and RVTD
. Cover Letter dated March 17,2009 for service proposal from Julie Brown
. 2009-2011 Service Proposal for the City of Ashland, Oregon
. Estimated Operating Cost Spreadsheet
Page 3 of3
~..
...'1
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASHLAND AND THE ROGUE V ALLEY
TRANSPORTATION DISTRICT FOR REDUCED FARE PROGRAM
2009-2011
This Agreement is made and entered into this _ day of , 2009 by and
between ROGUE V ALLEY TRANSPORT A TION DISTRICT, an Oregon special district,
hereinafter referred to as "RVTD," and THE CITY OF ASHLAND, an Oregon municipal
corporation, hereinafter referred to as "Ashland."
RECITALS
A. ORS 190.0iO permits units of local government to enter into intergoyemmental
agreements for the performance of any or all functions and activities that a party to the agreement
has authority to perform; and
B. The Rogue Valley Transportation District is an Oregon Special District providing
transit services in Southern Oregon; and
C. The City of Ashland desires to support RVTD's provision of transit services by,
inter alia, subsidizing the cost of fixed route fares through a Reduce Fare Program; and
D.
Ashland's
efficiency;
The Reduced Fare Program furthers the public interest by making efficient use of
transportation infrastructure, reducing greenhouse gases and promoting energy
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(l)(e)]. The term of this Agreement shall commence
and the agreement shall be effective on September 8, 2009 and after execution by both parties.
The Agreement shall expire June 30, 2010 at 11:59 p.m., 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 RVTD 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 a mutually
agreed upon adjustment. The extension shall be effectiye only upon receipt of a document from.
an authorized RVTD representative consenting to the extension under the same terms and
conditions
3. RVTD FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)].
Intergovernmental Agreement For Reduced Fare Program
Page 1 of8
a. PROGRAM. RVTD shall provide transportation services consistent with
its mission, including but not limited to the Reduced Fare Program (hereinafter
"Program") as well as other services paid for by the City; the Program includes
but is not limited to the following:
1. the addition of Route 15, proyiding 15-minute fixed-route service
between the downtown, Ashland St, Tolman Creek Rd and Highway
66/Siskiyou Boulevard; and
It. concomitant Valley Lift service; and
Itl. reduced fares for Route 10 and Route 15 rides and for concomitant
Valley Lift rides. J
lY. Route 10 service is Ashland's base service provided by RVTD, and its
operation (with the exception of fare reduction outlined in this
Agreement) is not affected by the Program or this Agreement.
v. The City-funded passenger fare subsidy for the fixed route system
(Routes 10 and 15) will be $1.00 per ride and the Valley Lift fare
subsidy will be $2.00 per ride for passengers picked up and delivered
within the City of Ashland.
VI. RVTD will proYide the City with quarterly ridership accountings
showing total Route 10 ridership on Route 10 within the City of
Ashland, ridership on Route 15 and Valley Lift ridership within the
City of Ashland.
Vlt. In the event that the $251,797 annual allotment from the City will
belbecomes exhausted prior to the end of the fiscal year, the Program
for that fiscal year will end and fixed route and Valley Lift paratransit
fares will reyert to standard RVTD fares for the balance of the fiscal
year.
b. LIVING WAGE. RVTD shall comply with Chapter 3.12 of the Ashland
Municipal code by paying a living wage, as defined in City Code to all
employees performing work under this Agreement and to any subcontractor
who performs 50% or more of the service work under this Agreement. RVTD
is also required to post the code required living wage notice predominantly in
areas where all employees will see it.
c. ACCESS TO RECORDS: The City and its duly authorized representatives
shall have access to the records ofRVTD and any subcontractors which are
directly pertinent to this Agreement for the purpose of making audit,
examination, excerpts, and transcripts.
d. PUBLICITY.
1. Any publicity or advertising regarding the Program shall first be
reyiewed by RVTD and the City for accuracy and must be approved by
both parties.
1ntergovemmentaf Agreement For Reduced Fare Program
Page 2 of8
11. RVTD shall establish a marketing plan for a Loop system or any fare
changes with through local resources. RVTD will do the following:
1. Replace the removed placards in the shelters; and
2. Update the information on all placards with new route/schedule
information; and
3. Provide free bus adyertising space on one vehicle; and
4. Continue to promote Ashland's system at local eyents; and
5. RVTD will post a map and schedule at each designated bus
shelter in Ashland detailing the Route 10 and Route 15 bus
stops and schedule; and
6. RVTD will provide information concerning and mote the
Ashland Reduced Fare Program and service, at eyents, at
map/schedule distribution points, and at www.rvtd.org. .
111. In partnership with the City of Ashland, RVTD will do the following:
1. Create a tri-fold specific to the Ashland system arid distribute
to local businesses; and
2. Distribute promotional information through utility bill stuffers;
and
3. Coordinate a public relations eyent to launch the new service;
and
4. Approach SOU Administration to request ongoing support of a
fare buy-down; and
5. Approach the Chamber ofCornmerce and local employers to
encourage employees to use transit, especially in downtown;
and
6. Create a bus ad to utilize free ad space offer from RVTD.
e. COMPLIANCE WITH APPLICABLE LAWS. RVTD, its subcontractors, and
all employers working under this Agreement must comply with Oregon State
Laws related to the work performed including but not limited to laws
concerning workers compensation, employment, payroll taxes and required
insurances for general liability for loss of property, injury to persons and
property. City may require RVTD to demonstrate compliance with applicable
. insurance requirements, including but not limited to proof of coverages.
4. CITY FUNCTIONS OR ACTIVITIES. [ORS 190.020(1 )]. The City of
Ashland shall fund the Reduced Fare Program as provided herein and subject to Section 9.
Specifically the City shall offset the cost of the fixed-route fares within the City and support
more frequent service as outlined under PAYMENT in paragraph 5 below.
5. PAYMENT. [ORS 190.020(1)(a)]. Subject to Section 9, below, City shall
promptly pay all bills for services proyided by R VTD pursuant to this Agreement., including but
not limited to the following:
a. R VTD shall bill the City quarterly $1.00 for each Route 10 passenger picked
Intergovernmental Agreement For Reduced Fare Program
Page 3 of8
up and delivered in the City of Ashland during the term of this Agreement.
b. RVTD will bill the City-$16,028.25 per month minus the Route 15 farebox
revenue for that month.
c. RVTD will bill the City quarterly $2.00 for each Valley Lift ride within the
City during the term of this Agreement. In addition, City will pay RVTD a
fixed amount per Valley Lift ride to cover operating costs for proyiding Valley
Lift rides in Ashland to the extent they exceed 9,800 rides in the period from
July 1,2009 through June 30, 2010 and to the extent Valley Lift rides in
Ashland exceed 9,800 rides per year in each this Agreement is extended. The
amount City will pay to cover operating costs for Valley Lift rides in excess of
the 9,800 annual Valley Lift rides in the City shall be $18.31 per ride.
d. With the exception of Route 15 which shall be billed monthly as noted above,
RVTD will bill the City as provided in this section. Specifically, RVTD will
send the City inyoices on the following schedule:
I. October IS, 2009 (services proyided 9/8/2009 to 9/30/2009)
II. January 15, 2009 (services provided 10/1/2009 to 12/30/2009)
Ill. Apri115, 2010 (services provided 1/1/2010-to 3/28/2010)
IV. July IS, 2010 (services proyided -4/1/2010 to 6/30/2010)
e. Payment is due to RVTD within 30 calendar days ofreceipt of each invoice.
6. REVENUE. [ORS 190.020(l)(b)]. Except where specifically proyided herein to
the contrary, no revenues expected to be derived pursuant to this Agreement need to be
apportioned between the parties.
7. PERSONNEL. [ORS 190.020(l)(c)]. No employees will be transferred pursuant
to this Agreement. RVTD and the City of Ashland are subject employers under ORS Chapter
656, and shall procure and maintain current valid workers compensation insurance coyerage 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.
8. REAL OR PERSONAL PROPERTY. [ORS 190.020(l)(d)]. There shall be no
transfer of title or possession to any real or personal property pursuant to this Agreement.
9. TERMINATION. [190.020(1)(1)].
a. TERMINA nON by Mutual Consent: This Agreement may be terminated at any time
by mutual consent of both parties.
b. TERMINATION for Conyenience: This Agreement may be terminated by either
party for that party's conyenience upon thirty days prior written notice to the other
Intergovernmental Agreement For Reduced Fare Program
Page 4 of8
Q
party, delivered by certified mail or in person. . RVTD shall be compensated for all
services performed under this Agreement up to the effective termination date.
c. TERMINATION for Default or Breach: Either RVTD or City may terminate this
contract in the event of a breach of the contract by the other. Prior to such
temlination the party seeking termination shall give to the other party written notice
, of the breach and intent to temlinate. If the party committing the breach has not
entirely cured the breach within thirty (30) 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. Notwithstanding the cure proyisions above, either party may
immediately terminate this Agreement for cause upon delivery of written notice to the
other party under any of the following conditions:
i. If Federal or state laws, rules orregulation are modified, changed or
interpreted in such a manner that the services are no longer allowable or
appropriate under this Agreement;
11. If any license or certification required by law or regulation required for the
provision of the services under this Agreement is for any reason denied,
revoked, suspended, or not renewed.
d. OBLlGA TION/LIABILlTY OF PARTIES: Termination or modification of this
contract pursuant to subsections A, B, and C, above, shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination or
modification. The rights and remedies of the parties provided in this subsection are
not exclusive and are in addition to any other rights and remedies proyided by law or
under this contract.
e. NON-APPROPRIATION: Notwithstanding the termination provisions above,
termination may occur for non-appropriation. Specifically, all City obligations to
expend money under this lntergoyemmental Agreement are contingent upon future
appropriation as part of the City budget process and local budget law, and the failure of
the Council and Budget Committee to make the appropriation shall necessarily result in
termination of the Agreement, and shall not be considered a breach.
f. FORCE MAJEURE. Neither party shall be responsible for delay or default caused by
fire, flood, riot, acts of God, and/or war which are beyond the party's reasonable
control. RVTD may terminate this Agreement by written notice after determining
such delay or default will reasonably prevent successful performance of this
Agreement.
ro. HOLD HARMLESS. T9 the extent permitted by the Oregon Constitution and
the Oregon Tort Claims Act, RVTD 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 haye or assert by reason of the any error, act or omission of RVTD, its officers, employees
and agents, in the performance of their duties under the terms of this Agreement. It is further
agrees 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
Intergovernmental Agreement For Reduced Fare Program
Page 5 0[8
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.
11. 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 deliyery 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: 541c488-2100
Fax: 541-552-2092
RVTD
Attn:
Phone:
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.
12. NON-DISCRIMINATION. Each party agrees that no person shall, on the
grounds of race, color, creed, national origin, sex, marital status, or age, suffer 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 ciyil 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.
13. 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.
14. NO WAIVER. The failure by any party to enforce any proYISlOn of this
Agreement shall not constitute a waiyer by that party of that proyision or of any other proyision
of this Agreement..
Intergovernmental Agreement For Reduced Fare Program
Page 6 0[8
15. 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 proyisions of this Agreement which shall remain in full
force and effect.
16. HEADINGS.. The headings of this Agreement are for convenience only and shall
not be used to construe or interpret any provisions of this Agreement.
17. APPLICABLE LAW. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Oregon.
18. ASSIGNMENT/DELEGATION.. RVTD 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.
19. NO THIRD PARTY BENEFICIARY. Neither the Federal Government, nor any
other entity other than the parties named herein are parties to this Agreement and shall have no
obligation to any third party.
20. AMENDMENT. The terms of this Agreemeni shall not be waiyed, altered,
modified, supplemented or amended in any manner whatsoever without prior written approval of
,RVTD and the City. To be effectiye, any amendments to this Agreement must be in writing and
must be signed by authorized representatives of both parties.
21. 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.
22. 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.
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 _ day of ,2009.
ROGUE V ALLEY TRANSPORTATION DISTICT CITY OF ASHLAND
By
Julie Brown
General Manager
By
John Stromberg
Mayor
Reviewed as to form:
Reviewed as to form:
Intergovernmental Agreement For Reduced Fare Program
Page 7 of8
By
Dayid Lohman
Legal Counsel for RVTD
Date:
Intergovernmental Agreement For Reduced Fare Program
By
Richard Appicello
City Attorney
Date:
Page 8 of8
RMm I CITY OF ASHLAND - AGREEMENT FOR SERVICES
July I, 2008 - June 30, 2009
Agreement made effective July I, 2008 bctwccn Rogue Valley Transportation District
(IUiIm) and the City of Ashland (City).
llWD and City agree:
I. REDUCED FARE PROORAM. In order to encourage and increase RMm ridership
within the City, the City will reduce the cost of fixed route fares within the City from
$2.00 to $.50, and will mtuce the Valley Lift paratransit fares within the City from $4.00
to $1.00.
1.1 Cootract will begin On July 1,2008. and will end on June 30, 2009.
1.2 lWJD) will provide $.50 fare service on fixed route buses and $1.00 fare
service On Valley Lift paratransil buses to passengers picked up and
delivered within the City.
1.3 1l:wD will bill City for the reduced fares dcscn'bed above based On the
actuaI number of rides provided within the City. Rides will be detailed in
a monthly ridership report completed by RWD, and bills will be
submitted on a quarterly basis.
1.4 IWJlll will also bill City for the operating costs of providing Valley Lift
service if ridership exceeds 9,800 l"'~seogcrs per year. The billed amount
shall equal $18.31 per ride over the 9,800 passenger threshold and shall
apply to the period of July I, 2()():( through June 30, 200$. ..
. f~., ""
1.5. City will remit to RM1D, on a quarterly basis when billed by 1WllD,
$1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit
ride provided by RWU within the City.
2_ CONSIDERATION: Total payments to IW.1ln will not exceed $2 I 7,500 per
fiscal year.
In the event that the $217,500 llDIluaI a1lolmcnt from the City will bc/bccomes
exhausted prior to the end of the fiscal year, the program for that fiscal year will end and
fixed route and Valley Lift paratransit fares will revert to standard IW1ID fares for the
balance of the fiscal year.
2.2 If either lWlJD or City wishes to modify this agreement, both parties shall
meet to negotiate modifications to the agreement
G:'nccnler'alyCouncl ~FieoI2OO7~Il'lIIl~llaldll.doc
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3. TERMINATION:
3.1 Termination for Convenience. This agreement may be terminated by
either party for that party's convenience upon thirty days notice in writing
to the other party. RVID shall be compensated for all services perfonned
under this agreement up to the effective termination date.
3.2 . For Cause. Either party may immediately terminate this agreement for
cause upon delivery of written notice to the other party or such later date
as may be established by mutual agreement, under any of the following
conditions;
322 If federal or state laws, rules or regulations are modified,
Changed, or interpreted in such a manner that the services
are not longer allowable or appropriate under this
ilgreemenl;
32.3 If any license or certification required by law or regulation
required for the provision of the services under this
agn::anent is for any reason denied, revoked, suspended. or
not renewed.
4. Publicitv. Any publicity or advertising regarding the program by the City shall
first be reviewed by RVID for accuracy and must acknowledge the support ofRVTD.
RVTD will provide City with appropriate logo for this purpose.
5. Access to Records. The City and its duly authorized representatives shall have
access to the records of R VID and any subcontracklrs which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts, and transcripts.
6. Women ComDei1sation. RVID, its subcontractors, if any, and all employees
woricing under this Agreement are subject employers under the Oregon Wodcer's
Compensation Law and shal1 comply with ORS 656.017, which requires them to provide
wodcers' compensation coverage for all their subject womers.
7. General Liabilitv RVID, its subcontractors, and all employers woricing under this
. Agreement shall comply with Oregoo State Laws related to womers compensation,
emPloyment, payroU taxes and genera1liability for loss of property, injury to riders or
others.
8. . LivinJ Wasze RVID shall comply with chaptef 3.12 of the Asbland MUniCipal
code by paying a living wage, as defined in this chapter, to all employees performing
work under this Agrcanent and to any subcontractor who performs 50"10 or more of the
service wom under this A&lee""",t RVTD shaU post the attached notice predominantly
in areas where all employees can easily see it.
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9. Miscellaneous Provisions
9.1 Force Majeure. Neither party shalI be responsible for delay or default
caused by fIre, flood, riot, acts of God, and/or war which are beyond the
party'a reasonable control. RVTD may terminate this Agreement by
written notice after detennining such delay or default will reasonably
prevent successful performance of this Agreement.
9.2 Amendment. The terms of this Agreement shall not be waived, altered,
modified, supplemented or amended in any manner whatsoever without
prior written approval of R VTD and the City.
9.3 Waiver. Either party'. failure to enforce any provision of this Agreement
sha11 not constitute a waivQ' or relinquishment of its right to such
perfonnance, nor of its right to enforce any other provision of the
Agreement
9.4 Fedend Government Not A Party. The Federal Government is not a party
to this Agreement and sbaIl have no obligation to any third party absent
the Federal Government's express written consent.
9.S Attorney's Fees. In case of suit, action, proceeding. or arbitration to
enforce any rights or conditions of this Agrcc1=ut, it is mutualIy agreed
that the losing party in such suit, action, proceeding. arbitration or appeaI
shall pay the prevailing party th=in a reasonable attorney's fee in such
amount as set by the COW1 or arbitrator hearing such suit, action,
pror-.l;'l&. arbitration or appeal.
9.6 Entire Agreement This instrument constitutes the entire agreement
between ihe parties. No rcpresenlations, warranties, promises, guarantees
or agreements, oral or written, express Or implied, have been made by
either party hereto with respect to this Agreement or the vehicles,
equipment or drivers to be provided hereunder.
ROGUE VALLEY TRANSPORTATION DlST
~~
. Brown
0eneraI Manager
~
~';-K
City Ad~'lIrator
~r_
DaVl
Legal Counsel for RVTD
Date:
G~Clulci~'I'a<MlFiesl2OO7'~RVTD~l.doc
Page 3 013
Rogue Valley Transportation District
From thc Desk of Julie Brown. Gcneral Manager
3200 Crater Lake Avenue. Medford, Oregon 97504-9075
Plume (54 1)779-582 1 . Fax (541) 773-2877
Visit our websile at: \\'Ww.rvtd.org
TO: Martha Bennett, City Administrator
CC; Mike Faught and Ann Seltzer
DATE; March 17, 2009
RE; Upcoming Agreement for Services
Thank you for your continued support and partnership. RVTD has supplied your staff
with service proposals to review and we are available to discuss these with you. The
proposals include a fare buy down and the addition of a circulator route that will allow
for 15 min. frequencies between the Plaza, SOU and Tolman Creek Rd.
RVTD has discussed the strengths and weaknesses of both a fare buy down and a Loop
route since 2006 as reflected in the narrative to the proposals. We recommend
increasing fares to $1.00 and adding a circulator to make more efficient use of the
City's subsidy. Additionally, RVTD is seeking a 22-month contract beginning 9/7/2009.
The City of Ashland has obligated $290,000 in prior years' budgets dating back to 2003
to be used toward Public Transportation. The City has used a portion of this allocation
each year since 2006 toward planning activities. RVTD believes that at this time, there
is a higher value to implementing increased transit service to existing and new users
than in documenting its value. The proposed Loop route is cost-efficient and, based on
actual data, has already proven to be successful in boosting ridership. There will be
opportunities to plan future route concepts with RVTD in the 2009-10 and the 2010-11
MPO Unified Planning Work Program.
Sincerely,
~ 62U;tI/n-..
Rogue Valley Transportation District
3200 Crater Lake Avenue. Medford, Oregon 97504-9075
Phone (541) 608-2429 . Fax (541) 773-2877
Visit our websile at: www.rvtd.org
2009-2011 Service Proposal for the City of Ashland, Oregon
March 9, 2009
Honorable Council Members and City of Ashland Staff,
With your demonstrated support for providing access to all modes of transportation,
RVTD is pleased to forward a proposal for transit service enhancements during the
2009-2011 Fiscal Years. Also included is a presentation of the surveying and marketing
efforts completed recently in the City of Ashland.
Transit Service History
. 1997 - Exclusive Loop Service Started wi $0.25 fare
. 1999 - Loop Discontinued
. 2001 - Loop Resumed wi $0.25 fare
. 2002 - Both Loop and Route 10 Free Fare
. 2006 to Present Day- Loop Discontinued, Route 10 fare at $0.50
Based on discussions with City Staff members Mike Faught and Ann Seltzer, it was
determined that a cafeteria of options should be presented. Ultimately, there are two
variables between the options. Those are: the cost of the fare and the hours of operation.
RVTD is seeking a 22-month contract starting September 7, 2009 and ending June 30,
2011. The contract is based on the District's direct cost per mile of operations (fuel and
maintenance only) and the cost of the driver(s) wages and benefits. This contract
amount would be billed to the City on a quarterly basis and reduced by the total fare
box collected from the Loop route.
This proposal would only affect the Route #10 agreement in that the fare charged on the
Loop must be the same fare charged on the Route #10 within the City. The Valley Lift
para transit service area would not be extended because the Loop route follows the same
path as Route #10. The Valley Lift service clauses are still in effect and tied to the fare.
Ashland Ridership and Service Levels
Premium transit service, such as a lower fare and frequent bus, arrivals, will generate
the most citizens, visitors and students choosing to use transit. This effect is
demonstrated well in the City's history of fluctuating levels of transit service. When the
Free Fare and Loop were both in place, ridership was at it's highest ever seen; between
January and June 2006 RVTD and the City provided 152,606 transit trips. When the
Loop was discontinued and fare raised to 50 cents, ridership plummeted to 46,021
between July and December 2006.
Ashland Ridership 1997-2008
160,000-
140.000-
120,000-
c. 100,000-
:2
l!! 80,000-
'"
."
ir 60,000'
40,000-
20,000-
0-,
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
o 0 0 ~ ft ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~~ ~~ ~ ~ ~ ~. ~. ~~ ~ ~~ ~~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Months and Year
-
~
Total Ashland trips Rt 5 & Rt 10, $0.25
Ashland Ridership on Rt 10, No Rt 5
-
Total Ashland trips Rt 5 & Rt 10 - Free
Total Ashland trips Rt 10 - $0.50
Because the Loop and Free Fare were in place at the same time during the ridership
'boom' years, it has been difficult to state which was more important for the rider:
frequency or cost. The City's ridership since 2006 has not grown as would be expected
after the residual effects of a 'fare shock' would have occurred, usually in the first year.
This has lead R VTO to determine frequency as a more important factor than fare cost for
someone deciding whether to lIse transit in the City of Ashland.
2
Route description-
The Ashland Loop is a five-mile route that begins and ends at the Ashland Plaza. The
route would serve the Plaza, E. Main St., the University, Ashland St., Tolman Creek Rd.
and Siskiyou Blvd. The route can travel in either direction while in south Ashland
however IS-minute service would only be possible with both Route #10 and the Loop
traveling in the same direction.
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_Ashl~ndLoop(proposed)
A passenger activity survey completed in 2008 generated useful information about the
highest and best use of a Loop route. The previous Loop, Route #5, ran from the Plaza
to Ashland St. and around E. Main and back. It did not travel along Tolman Creek Rd.
or Siskiyou Blvd. The survey showed that Tolman Creek and Siskiyou Blvd generate
considerably more ridership than the E. main loop. Since the proposed loop cannot
serve both areas within the time span available, RVTD used the passenger activity data
to determine where the loop could run to be efficient and cost-effective.
3
Service Hours-
As one of the components to minimize costs, RVTD has analyzed a route that would
run:
. 6.5 hours per day (requiring 1 FT Driver)
. 9.0 hours per day (requiring 1 FT Driver and 1 PT Driver)
. 13.0 hours per day (requiring 2 FT Drivers)
A 6.5-hour operating day at the cost quoted is only possible with continuous service,
meaning the driver cannot have a split shift with this scenario. This is the most
economical, however it will not cover both an AM and a PM peak. The day could for
example begin at 11:00AM and end at 5:30 PM capturing the majority of afternoon and
work commute home travel. Or, the day could begin at 7:30AM and end at 2:00PM to
capture early morning commute to work and school (SOU especially) trips.
r
A 9.0-hour operating day at the cost quoted is only possible with continuous service,
one driver works 4X10.5' s and a part-time driver picks up the Friday shift. This is the
second most economical however will barely cover both an AM and a PM peak. The
day could, for example, begin at 7:30AM and end at 5:30 PM.
A 13.0-hour operating day at the cost quoted is a full-day service day requiring two full-
time drivers and a relief trip midday. This is the most costly option however will cover
both an AM and a PM peak. The day would begin at 6:00AM and end at 7:00 PM.
Fare Considerations
'Fare Shock' often causes ridership to decrease within the first six-months (if in a small
increment -$0.25 is standard) but eventually ridership recovers. This recovery can take
longer if the increase is more drastic. RVTD increased fares from $1.00 to $2.00 in 2006
and ridership decreased 14% system-wide within the first six months but since has
recovered and is near the 2005-2006 ridership levels again.
The City of Ashland also increased fares in 2006, but from free to $0.50. Ridership
plummeted and /zas not regained 2005-2006 levels. Evidence from each of the service
types and fares the City has supported within the past decade suggests that ridership
should have regained just as RVTD's did.
RVTD is confident that frequency is a stronger determinant for generating higher levels
of ridership than we see today. If the City moves forward with a fare increase, RVTD
strongly suggests a move to $1.00 with increases of $0.25 during years when the budget
is constrained to ensure a Loop service is maintained.
4
RVTD's current fare strata would also apply.
For example:
$1.00 - Full Fare (18-61 years of age)
$0.50 - Reduced Fare (62 years and older, 10-17 years of age and disabled)
Free - For transfers made within the City and for children 0-9 with paying adult
Hardship Programs
The City of Ashland has a program that was implemented in 2007 to provide monthly
bus fare cards for eligible citizens who meet certain income criteria. RVTD also offers a
bus pass program for employers, schools and other congruent populations. The RV1D
bus pass cost for each person is heavily reduced due to passes being purchased in bulk
for every person in the population. The current cost is $3.85 per person per month.
These programs are alternatives for citizens who may experience hardship from a fare
increase within the City.
Partnership with SOU
Each year, RVTD encourages SOU to adopt a bus pass program for its students. The
students and the Administration have thus far declined a bus pass program to their
students even after a campus-wide survey demonstrated the majority of students
wanted the program and were willing to pay for it in increased parking fees. SOU could
be a financial contributor and is a major benefactor of special transit services.
2008 Passenger Survey
RVTD completed its system-wide triennial passenger survey in May 2008. A total of
288 surveys were collected on the Route #10. The surveys collected on this route
demonstrated slightly higher incomes but on the whole there were no major
demographic differences between Route #10 and the rest of the system. The following
are selected highlights that likely include passengers traveling within Ashland:
. 77% of the passenger survey pool was between the ages of 19 and 64
. 63% did not have a valid driver's license
. 36% reported annual income of less than $15,000
. 72% walked to catch the bus; 66% boarded at a bus stop
. 57% reached the bus in less than five minutes, and 55% reached their final
destination within five minutes after departing from the bus
. 29% used the bus to get to work
. 79% used the bus three to five days per week
. 50% used the bus five days per week
. 34 % would not have made the trip if bus service were not available
5
Surveying of Ashland Passengers and Stop Activity
RVTD completed a year-long passenger activity survey in accordance with Federal
Transit Administration guidelines and practices. The stop activity will assist RVTD staff
with planning and stop improvements.
The following are the most frequently used bus stops in the City of Ashland:
. Ashland Plaza
. Albertson's
. Lithia Way and Oak
. Bi-Mart
. Lithia Way north of Oak
. Ashland Library
. Beanery (at the 'Y)
to
(
\.
Route 10. Ashland
Stop Activity
0-10
o 11-23
o 24-42
o 43-50
051-100
.:z
6
Marketing
Outreach of transit scheduling and availability to the public is an important component
of any successful transit line. As part of the 2005 service agreement, RVTD proposed
marketing activities that would be completed that service year.
These included:
.
RVTD's Interactive Education offered to primary education schools
Bus Advertising sign advertising the Free Fare (now obsolete) ,
Hosting transportation exhibits at local events
Placing placards in each shelter with a map and schedule-12 were posted in 2006
since then 6 have been vandalized or stolen and not yet replaced.
Distributing transit schedules to be available at local venues
Partnering with SOU Capstone students to increase support for transit
.
.
.
.
.
Lastly, an effort to create a TV and Radio commercial was under way to promote the
Free Fare when the message became obsolete due to the fare increase.
2009-2011 Marketing Proposal:
RVTD would like to establish a marketing plan for a Loop system or any fare changes
with through local resources. The City of Ashland, the Chamber of Commerce, the
Student Affairs office of SOU and others could actively promote using transit.
"
RVTD will commit to doing the following:
. Replacing the removed placards in the shelters
. Updating the information on all placards with new route/schedule information
. Provide free bus advertising space on one vehicle
. Continue to pro'mote Ashland's system at local events
In partnership with the City of Ashland, RVTD would like to see the following:
. Create a tri-fold specific to the Ashland system for distribution
. Distribute promotional information through utility bill stuffers
. Coordinate a public relations event to launch the new service
. Approach SOU Administration to request ongoing support of a fare buy-down
. Approach the Chamber of Commerce and local employers to encourage
employees to use transit, especially in downtown
. Creation of a bus ad to utilize free ad space offer from RVTD
7
2009-2011 Service Cost Estimate for Route 10 only
The City of Ashland buys down the fare on Route 10 for each passenger riding in
Ashland, therefore service cost estimates are based on recent ridership figures.
City of Ashland Ridership 2008-09
$.50 Fixed Route Fare
$1. Valley Lift Fare
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
6,846
6,537
6,306
8,139
5,971
6,277
5,758
5,924
6,4 70
6,470
6,470
6,470
1,030
926
960
1,064
832
884
908
874
935
935
935
935
TOTAL
77,638
11,218
Ridership figures for March through June are estimated based on the average of prior month's ridership.
2009-2011 Service Costs for Route 10 only
Annual Estimated cost of Route 10 subsidy @
Fixed Route
$1.50 (50 cent fare)
$1.00 ($1.00 fare)
$116,457
$77,638
Valley Lift '
$3.00 ($1.00 fare). $55,364
$2.00 ($2.00 fare) assume -10% $25,020
Per ADA, Valley Lift fare is no more than twice that of regular fare
$171,820
$102,658
TOTAL w/ subsidy@ $1.50
TOTAL w/ subsidy @ $1.00
Please note: Route 10 fare will be consistently priced with fare charged on a Loop Route
Rogue Valley .Transportation District
Estimated Operating Costs
Proposed Ashland Circulator Route (15)
Revenue Service Hours = 6.5
Trips Total
Route Per # Service Annual
Length Day Days Miles Cost per Total Costs
Bus Operating Cost:
Route 15 5.0 13 255 16,575 $ 1.96 $ 32,487.00
Out of Service 36.5 1 255 9.308 $ 1.96 $ 18,243.00
Driver Relief Car Costs 36.5 255 0 $ 0.52 $
Total Direct Costs $ 50,730.00
Hours Total
Per # Service Annual
Day Days Hours Cost per Total Costs
Bus Operator Costs:
Wages & Benefits 8 255 2.040 $ 37.42 $ 76,337.00
Total Proposed Operating Costs $ 127,067.00
Estimated
Annual
Ridership Fare per Total Return
Fare Box Return to City (25% of 04-05 ridership) 24,000 $ 1.00 $ 24,000.00
Net Proposed Operating Costs $ 103,067.00
Rogue Valley Transportation District
Estimated Operating Costs
Proposed Ashland Circulator Route (15)
Revenue Service Hours = 9.0
Trips Total
Route Per # Service Annual
Length Day Days Miles Cost per Total Costs
Bus Operating Cost:
Route 15 5.0 18 255 22,950 $ 1.96 $ 44.982.00
Out of Service 36.5 1 255 9.308 $ 1.96 $ 18,243.00
Driver Relief Car Costs 36.5 255 0 $ 0.52 $
Total Direct Costs $ 63,225.00
Hours Total
Per # Service Annual
Day Days Hours Cost per Total Costs
Bus Operator Costs:
Wages & Benefits 10.5 255 2,678 $ 37.42 $ 100,192.00
Total Proposed Operating Costs $ 163,417.00
Estimated
Annual
Ridership Fare per Total Return
Fare Box Return to City (35% of 04-05 ridership) 33,600 $ 1.00 $ 33,600.00
Net Proposed Operating Costs $ 129,817.00
Rogue Valley Transportation District
Estimated Operating Costs
Proposed Ashland Circulator Route (15)
Revenue Service Hours = 13
Trips Total
Route Per #Service Annual
Length Day Days Miles Cost per Total Costs
Bus Operating Cost:
Route 15 5.0 26 255 33,150 $ 1.96 $ 64,974.00
Out of Service 36.5 1 255 9,308 $ 1.96 $ 18,243.00
Driver Relief Car Costs 36.5 1 255 9,308 $ 0.52 $ 4,840.00
Total Direct Costs $ 88,057.00
Hours Total
Per #Service Annual
Day Days Hours Cost per Total Costs
Bus Operator Costs:
Wages& Benefits 14.5 255 3,698 $ 37.42 $ 138,360.00
Total Proposed Operating Costs $ 226,417.00
Estimated
Annual
Ridership Fare per Total Return
Fare Box Return to City (45% of 04-05 ridership) 43,200 $ 1.00 A 43,200.00
Net Proposed Operating Costs $ 183,217.00
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Summary of 09-11 Ashland Service Proposals
All proposals are annual estimates
All proposals are based on establishing $1.00 regular fare
Proposal #1 .Net Cost Estimate
Loop service for 6.5 hours $103,067
Route 10 $102,658
TOTAL $205,725
Proposal #2 Net Cost Estimate
Loop service for 9 hours $129,817
Route 1 0 $102,658
TOTAL $232,475
Proposal #3 Net Cost Estimate
Loop service for 13 hours $183,217
Route 1 0 $102,658
TOTAL $285,875
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ratification of Labor Contract with the Ashland Firefighter's Association, IAFF
Local #1269
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
August 4, 2009
AdministrationlHR
Administrative Services
Martha Bennett.KI' v
fJ - {:Jc~
Tina Gray
tina@ashland.or.us
Lee Tuneberg
Consent
Question:
Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the
AshlandFirefighter's Association?
Staff Recommendation:
Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor
contract, ratifying the tentative agreements reached in negotiations.
Background:
The current labor contract with the Ashland Firefighter's Association expired on June 30. 2009. The
City reached tentative agreements over multiple sessions with this bargaining group. The economic
climate made bargaining a little more difficult than usual, but both sides made concessions which are
in the best interest of the City.
The al!reement calls for:
. No cost of living adjustments/increases in 2009.
. No cost ofliving adjustment in 2010 unless the Consumer Price Index (CPl) for 12 months
increases over 4% as of January 2010. rf the CPl goes over 4%, both parties agree to re-open to
negotiate over wages.
. A cost of living increase in the third year of the contract in the 3% to 5% range based on the CPI.
rfthe cpr increases beyond 5% then both parties agree to re-open to negotiate wages.
. An incremental change in healthcare: Beginning on 9/1109 firefighters will change to Plan V-A
PPP, and on January 1, 2010, they will change to plan V-B PPP with a $200 deductible. Both
changes will result in a reduction in City benefit costs and 'all City employees will be on the same
health plan in 2010. .
. Establishment of an Health Reimbursement ArrangementIVoluntary Employees' Beneficiary
Association (HRA-VEBA) program 7/1/09. with 1 % of salary being contributed tax-free by the
City for each member of the bargaining unit to help offset increased costs due to change in health
benefits. Contributions to HRA- VEBA increase in the third year of the contract by 1 % in
exchange for a concession from the union on a deductible offset benefit they have been receiving.
. An increase in sick leave accrual by 4 hours per month.
. Minor language changes to reflect current business practices.
Related City Policies:
None.
Page I of2
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CITY OF
ASHLAND
Council Options:
Approve the Labor Agreement as presented.
Delay approval of the Labor Agreement and provide staff new direction.
Potential Motions:
Move approval of the labor agreement between the City of Ashland"and the Ashland Firefighter's
Association and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the
tentative agreements reached in negotiations
Attachments:
None.
Page2of2
r~'
CITY OF
ASHLAND
Council Communication
Ashland Fiber Network Federal Broadband Stimulus Proposal
Meeting Date: August 4, 2009 Primary Staff Contact: Michael Ainsworth
Department: Information Technology E-Mail: mikea@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennett jIllt-:'-c- Estimated Time: Consent
Question: Will Council approve the Ashland Fiber Network proposal seeking Federal Broadband
Stimulus grant funding not to exceed $800,000?
Staff Recommendation:
Staff recommends council approve AFN's proposal for Stimulus Grant application, which if successful
will enable AFN to provide Wi Max broadband services to neighboring rural residents, along with
using federal funding to reach 100% service penetration within city urban growth boundaries.
Background:
With the American Recovery and Reinvestment Act of2009 Congress has earmarked $7.2 billion
dollars in stimulus aid designated for the deployment of broadband internet services in underserved
rural areas in America. The newly created National Telecommunications and Information
Administration (NTlA) will distribute stimulus funding through the Broadband Technology
Opportunities Program (BTOP) and through the Broadband Initiatives Program (BIP) via the Rural
Utility Service (RUS).
The Ashland Fiber Network is proposing an application for grant monies (non-loans) of the Broadband
Stimulus funding to enable AFN to build-out its broadband network into adjacent rural areas which
will benefit our community two-fold: 1) Ashland will be able to do its small part to help remedy the
digital divide by providing broadband services to our true rural neighbors in the surrounding area,
many of which are business owners, students, and members of the labor force in Ashland, and 2) will
enable AFN to reach 100% of the addresses within the city with blanket Wi Max coverage
AFN is eligible for Federal Stimulus.Grant Funding as our proposal meets federal criteria to provide
broadband services to a minimum of 75% of a rural area which lacks sufficient access to high speed
broadband service.
A side benefit of this proposed project is AFN will be able to further grow customer base (within and
beyond urban growth boundaries) via Wi Max technology to increase revenue opportunities which will
allow AFN to contribute significantly more to the Technology Debt payment.
AFN proposes to build out its fiber network a distance of approximately 16 miles through a
private/public partnership, up and along Highway 66 terminating at the Pinehurst School. This meets
the Stimulus intended purpose of providing broadband service to a rural educational institution.
Meeting other criteria of the Federal Stimulus is AFN's Open Access Network and history of a
public / private partnership.
Page I of2
~.1'
CITY OF
ASHLAND
AFN will own and operate Wi Max access points along the fiber run providing broadband wireless
services to rural residents. AFN will provide customer'support and billing. Private entity would own
and be responsible for fiber maintenance, PUC/OJUA compliance, and pole attachment agreements.
Related City Policies:
N/A
Council Options:
1. Adopt the AFN Federal Broadband Stimulus proposal as presented enabling staff to apply for
Stimulus grant funding, with the expectation that staff will present an updated report to Council prior
to acceptance of stimulus money and moving ahead with the project. (Final federal award notification
on or about November 7,2009).
Or
2. Take no action.
Potential Motions:
1 move to adopt the AFN proposal seeking Federal Broadband Stimulus funds limited to grants funds
only, as presented with the expectation that staff will present to Council updated information within six
months.
Attachments:
None
Page 2 of2
~~,.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Tolling and Extension Ordinance Initiation
July 21.2009 Primary Staff Contact: Adam Hanks
Administration E-Mail: adam(al,ashland.oLus
Legal Secondary Contact: Richard Appicello
Martha if'/- r./ Estimated Time: 15 minutes
,,\
Question:
Does the Council wish to direct Staff to initiate an ordinance to modify the expiration dates ofland use
application approvals?
Staff Recommendation:
Staff recommends that the Council direct staff to initiate the attached ordinance. The ordinance will
require a review and recommendation of the Planning Commission and public noticing will follow the
requirements ofORS 197.610
Background:
Tol/inF! or SusvendinF! Local Land Use Avvroval Dates
Ashland's Land Use Ordinance does not toll or suspend local approval dates when that the approval is
appealed to the Land Use Board of Appeals (LUBA) or Circuit Court. Appeals can often take years,
and without a tolling provision, an applicant's approval can expire even if the applicant prevails in
Court.
This is both unfair to an applicant who has followed the process and an inefficient use of resources if a
new application for the identical project has to be processed.
Sections 18.108.070. D and 18.112.035 B. of the proposed ordinance modifies the effective date of
decisions of the City to allow the approval date to be tolled or suspended while the appeal is being
heard. The local approval date is adjusted upon completion of all appeals or remands.
Land Use Avvroval Timetable Extension
The current economic climate, specifically the commercial credit market, has created a difficult
situation for applicants with land use approvals. but no feasible way to commence construction and
keep the approvals active.
Several other jurisdictions in Oregon have adopted similar ordinances. The proposed timetable
extension adds an exemption to the expiration of approvals for land use applications that were
approved between January 1,2006 and July 1, 2009. As with the tolling of approvals, Staff believes
the proposed ordinance is both fair and needed to make efficient use of Staff resources.
Page 1 of2
072109 Tolling Extensions.CC.doc
~~,
CITY OF
ASHLAND
This change provides applicants that were granted land use approvals in that date range with an
automatic extension of their approval and moves the expiration date out 18 months from their previous
expiration date. .
The intent of the granting of the additional extension is to provide existing development approval with
additional time to secure funding to construct the projects without being required to go through the
land use approval process again for the identical application request. If the applicant chooses to
modify the previous approval, the automatic extension does not apply and they would be directed back
through the existing land use application and review process.
Related City Policies:
Comprehensive Plan Goal 7.07.03, Policy VII-4 - The City shall take such actions as are necessary to
ensure that economic development can occur in a timely and efficient manner.
Council Options:
1) Direct Staff to initiate both components of the ordinances as currently proposed
2) Direct Staff to initiate the ordinance with suggested modifications
3) Direct Staff to initiate only one of the two components of the ordinances
4) Direct Staff not to initiate the proposed ordinance
Potential Motions:
I move to direct staff to initiate the Timetable Tolling and Timetable Extension ordinance as proposed,
with the understanding that changes may be made throughout the Staff, Planning Commission and
Public review.
1 move to direct Staff to not move forward on either the Timetable Tolling or Timetable Extension
components of the ordinances. ~ %
Attachments: I l \ ~I
Proposed Ordinance : ~ ~ p ~
prufos.Ji ~~)
I / eX f
\)J. ~.
Page 2 of2
072109 Tolling Extensions.CC.doc
r.l'
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.108.070 AND AMC 18.112,
CONCERNING TIMTETABLE TOLLING AND TIMTABLE EXTENSIONS
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold" ... . ... and additions are bold underlined.
WHEREAS, Article 9. Section 1, of the Ashland City Charter provides: .
Violation of Charter. Ordinance and Laws The Council, at any regular. or
adjourned meeting, shall have the power within the limits of the City of Ashland to
enact laws, ordinances and pass resolutions not in conflict or inconsistent with
the laws of the United States, the State of Oregon, or the provisions of this
Charter; and to provide for punishment of any person or persons found guilty by
a competent tribunal of the violation of any such laws, ordinances, or any of the
provisions of this Charter, by fine or imprisonment of such offender, until such
fine and costs are paid; and
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293,531 P 2d 730, 734 (1975); and
WHEREAS, the economic downturn occurring since early 2006 has caused a severe
slow down in all aspects of land development and building activity; and
WHEREAS, while financing for new development and building activity is constrained, it
is important to the continuing economic health of the community to extend the validity of
existing development approvals so that such developments may more readily attain a
shovel-ready status contributing to economic recovery: and
WHEREAS, the Ashland Municipal Code does not expressly toll or suspend
development timetables in the event the project is subject to a LUBA or Circuit Court
proceeding; and
WHEREAS, the City of Ashland, acting by and through the City Council, desires to
Ordinance No.
Page 1 of 7
provide for timetable tolling during pending appeals as well as a uniform eighteen (18)
month timetable extension for all development approvals due to the recent economic
downturn; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: Amendment. AMC 18.108.070 [Effective Date of Decision and Appeals]
is hereby amended to add a new subsection D:
18.108.070 Effective Date of Decision and Appeals
A. Ministerial actions are effective on the date of the decision of the Staff Advisor
and are not subject to appeal.
B. Actions subject to appeal:
1. Expedited Land Divisions. Unless appealed within 14 days of mailing a
notice of decision, the Staff Advisor decision becomes final on the 15th day.
Appeals shall be considered as set forth in ALUO 18.108.030(C) and ORS
197.375.
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning
actions resulting from the Type I Planning Procedure shall be the Staff
Advisor decision, effective on the 13th day after notice of the decision is
mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section
18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning
actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency
may request reconsideration of the action after the decision has been
made by providing evidence to the Staff Advisor that a factual error
occurred through no fault of the party asking for reconsideration,
which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the
failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application sufficient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration ,requests shall be received within five (5) days of
mailing. The Staff Advisor shall decide within three (3) days whether
to reconsider the matter.
III. If the Planning Staff Advisor is satisfied that an error occurred crucial
to the decision, the Staff Advisor shall withdraw the decision for
purposes of reconsideration. The Staff Advisor shall decide within ten
Ordinance No.
Page 2 of 7
(10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm,
modify, or reverse to any party entitled to notice of the planning
action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the
decision, the Staff Advisor shall deny the reconsideration request.
Notice of denial shall be sent to those parties that requested
reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor'
s final decision, including any approved reconsideration request, the
decision may be appealed to the Planning Commission by any party
entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved
by the City Administrator, be accompanied by a fee established
pursuant to City Council action, and be received by the city no later
than 4:30 p.m. on the 12th day after the notice of decision is mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the
fee for the initial hearing shall be refunded. The fee required in this
section shall not apply to appeals made by neighborhood or
community organizations recognized by the city and whose
boundaries include the site.
iii. The appeal shall be considered at the next regular Planning
Commission or Hearings Board meeting. The appeal shall be a de
novo hearing and shall be considered the initial evidentiary hearing
required under ALUO 18.108.050 and ORS 197.763 as the basis for
an appeal to the Land Use Board of Appeals. The Planning
Commission or Hearings Board decision on appeal shall be effective
13 days after the findings adopted by the Commission or Board are
signed by the Chair of the Commission or Board and mailed to the
parties. .
iv. The appeal requirements of this section must be fully met or the
appeal will be considered by the city as a jurisdictional defect and will
not be heard or considered.
d. Final Decision of City. The decision of the Commission shall be the
final decision of the City on appeals heard by the Commission on Type I
Planning actions, effective the day the findings adopted by the
Commission are signed by the Chair and mailed to the parties.
3. Type II Planning Actions.
a. Effective Date of Decision. The decision of the Commission is the final
decision of the City resulting from the Type II Planning Procedure,
effective 13 days after the findings adopted by the Commission are
signed by the Chair of the Commission and mailed to the parties, unless
Ordinance No.
Page 3 of 7
reconsideration of the action is authorized as provided in Section (b)
below or appealed to the Council as provided in section 18.108.11 OA
b. Reconsideration.
i. The Staff Advisor on his/her own motion, or any party entitled to
notice of the planning action may request reconsideration of the action
after the Planning Commission final decision has been made by
providing evidence to the Staff Advisor addressing one or more of the'
following: (1) new evidence material to the decision exists which was
unavailable, through no fault of the requesting party, when the record
of the proceeding was open; (2) a factual error occurred through no
fault of the requesting party which is relevant to an approval criterion
. and material to the decision; (3) a procedural error occurred, through
no fault of the requesting party, that prejudiced the requesting party's
substantial rights and remanding the matter will correct the error.
Reconsideration requests are limited to errors identified above and
not the failure of an issue to be raised by letter or evidence during the
opportunity to provide public input on the application suffiCient to
afford the Staff Advisor an opportunity to respond to the issue prior to
making a decision.
ii. Reconsideration requests shall be received within seven (7) days of
mailing. The Staff Advisor shall promptly decide whether to
reconsider the matter.
iii. If the Staff Advisor is satisfied that an error occurred as identified
above and is crucial to the decision, the Staff Advisor shall schedule
reconsideration with notice to participants of the matter before the
Planning Commission. Reconsideration shall be scheduled before the
Planning Commission at the next regularly scheduled meeting.
Reconsideration shall be limited to the portion of the decision affected
by the alleged errors identified in paragraph 3.b.i above.
iv. The Planning Commission shall decide to affirm, modify, or reverse
the original decision. The Planning Commission Secretary shall send
notice of the reconsideration decision to any party entitled to notice of
the planning action.
c. Final Decision of City. Unless the decision is remanded to the Planning
Commission, the decision of the City Council shall be the final decision of
the City on appeals heard by the Council, on Type II Planning actions,
effective the day the findings adopted by the Council are signed by the
Mayor and mailed to the parties.
4. Type III Planning Actions. For planning actions described in section
18.108.060A1 thru 4, the decision of the Council shall be the final decision
of the City, effective the day the findings adopted by the Council are signed
by the Mayor and mailed to the parties.
5. Council Call UP. The City Council may call up any planning action for a
decision upon motion and majority vote, provided such vote takes place in
the required appeal_period. Unless the planning action is appealed and a
public hearing is required, the City Council review of the Planning Action is
Ordinance No.
Page 4 of 7
limited to the record and public testimony is not allowed. The City Council
may affirm, modify or reverse the decision of the Planning Commission, or
may remand the decision to the Planning Commission for additional
consideration if sufficient time is permitted for making a final decision of the
city. The City Council shall make findings and conclusions and cause copies
of a final order to be sent to all parties of the planning action.
C. No building or zoning permit shall be issued for any action under this Title until
the decision is final, as defined in this section.
D. Notwithstandinq any other provision of this Chapter, in the event a LUBA
appeal or a Circuit Court proceedina is filed concernina a final land use
decision of the City. the timetable of development is deemed tolled or
suspended from the date of the final decision of the City decision maker
until final resolution of all appeals or final action on remand. whichever is
later. After resolution of all such appeals or remands, timetables shall be
adiusted in writinq by the Staff Advisor to reflect this automatic tollina,
reaardless of the approval authority.
SECTION 3: Amendment. Section 18.112.030 [Revocation- permit expiration] is
hereby amended to read as follows:
18.112.030 Revocation--permit expiration. Any zoning permit, or planning action
granted in accordance with the terms of this Title shall be deemed revoked if not used
within one year from date of approval, unless another time period is specified in another
section of this Title. Said permit shall not be deemed used until the permittee has
actually obtained a building permit, and commenced construction thereunder, or has
actually commenced the permitted use of the premises. The Staff Adviwr may grant an
extension of the approval under the following conditions:
1. One time extension no longer than eighteen (1 Il) months is allowed.
2. The Staff /\dvisor shall find that a change of conditions for which the applicant
was not responsiblo prevented the applicant from comploted the development
within the original time limitation.
d. Land Use Ordinance requirements applicable to the development have not
changed since the original approval. An extonsion may bo granted, hO'...,over, if
requirements have changed and the applicant agrees to comply '.\lith any such
changes.
SECTION 4: Amendment. A new Section 18.112.035 [Timetable Extension] is hereby
added to read as follows:
18.112.035 Timetable Extension
A. The Staff Advisor shall arant a timetable extension of any zonina permit or
plannina action approval under demonstrated compliance with the
followinq conditions:
Ordinance No.
Page 5 of 7
1. One time extension no lonqer than eiqhteen (18) months is allowed.
2. The Staff Advisor shall find that a chanqe of conditions for which the
applicant was not responsible prevented the applicant from completina the
development within the oriainal time limitation.
3. Land Use Ordinance reauirements applicable to the development have
not chanaed since the oriainal approval. An extension may be aranted.
however, if reauirements have chanaed and the applicant aqrees to comply
with any such chanqes.
B. Notwithstandinq any other provision of this Chapter, the Staff Advisor
shall qrant a timetable extension to any zoninq permit or plannina action
approval which became a final City decision between July 1. 2006 and
September 5, 2009 and which approval was subiected to delay associated
with a LUBA appeal or a Circuit Court proceedina. Upon application. an
extension shall be aranted consistent with the tollina period in AMC
18.108.070. for the exact number of days the proiect was under appeal.
calculated from the date of the final decision of the City decision maker
until final resolution of the appeal or final action on remand. whichever is
later.
C. Notwithstandinq any other provision of this Chapter, any zonina permit or
plannina action approval. or any other land use action approval
whatsoever, which was approved by a City of Ashland land use decision-
maker between Januarv 1, 2006 and July 1. 2009 (includina but not limited
to development approvals for Type 1, Type 2 and Type 3 Planninq Actionsl
is hereby aranted a one time eiqhteen 1181-month extension of time in
addition to any other time extensions previously aranted or which may be
aranted. Reaardless of the approval authority, the Staff Advisor shall
adiust all timetables, in writinq, in accordance with this leaislative
timetable extension approved by the City aovernina body.
SECTION 5. Amendment. Section 18.112.090 is hereby amended to read as follows:
18.112.090 Penalties Any person, firm or corporation, whether as principal, agent
employee, or otherwise, violating or causing the violation of any of the provisions of this
Title has committed a Class A violation offense. an infraction, and upon conviction
thereof is punish-able as prescribed in Section 1.08.020 of the Ashland Municipal Code,
subiect to the limitations of the Ashland City Charter. Such person, firm, or
corporation is guilty of a separate violation for each and every day during any portion of
which any violation of this Title is committed or continued by such person, firm or
corporation.
SECTION 6. Amendment. Section 18.112.100 is hereby amended to read as follows:
Ordinance No.
Page 6 of 7
18.112.100 Complaints. Complaints concerning violations to this Title can be initiated
only as provided in AMC Chapter 1.08. by: (1) .....ritten complaint filed by an
affected citizen; (2) any City departmental official responsible fur the enforcement
of this code; or (3) the City Administrator or City Attorney.
SECTION 7. 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 8. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the time said ordinances(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 9. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
7-9) 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
Ordinance No.
Page 7 of 7
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Amend and Extend Food and Beverage Tax
Second Reading of Amended AMC 4.34 and Review of Ballot Measure
Approval of Resolution Calling for a Special Election
August 4, 2009 Primary Staff Contact: Ann Seltzer
Administration E-Mail: ann@ashland.or.us
None _~ Secondary Contact: Legal Department
Martha Bennett P' ~v Estimated Time: 40 minutes
Question:
Does the Council approve second reading of an ordinance titled, "An Ordinance Relating to Food and
Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4.34"? Does the council approve
the Ballot Measure? Does the Council approve the Resolution Calling for a Special Election for
November 3, 2009?
Staff Recommendation:
Staff recommends the Council determine if the proposed ordinance and ballot measure language meet
the intent of the Council and then approve second reading and the Resolution calling for a special
election. The Council will approve the eiection items (resolution. caption. question and explanatory
statement) and will defer the effective date of the ordinance at the second reading of the ordinance
scheduled for the August 4 Council meeting.
Background:
At the July 21 meeting, the Council approved first reading of the ordinance with the following
changes:
. Add "delivery services associated with the operator" to the clause regarding independent
delivery service providers (4.30.020 section A5 page 3)
. Of the 20% of the funds allocated to parks, 20% of that amount must be used for park
acquisition (AMC 4.30.020 Section D page 3)
. Restrict the use of the tax revenue to capital improvements for parks and wastewater treatment
projects identified in the Capital Improvement Plan (AMC 4.30.010 Sections C and D pages 3
and 4)
. Use the existing ordinance language that exempts the tax on food and beverages sold on school
campuses and add non-educational related catered events are subject to the tax (AMC 4.34.030
Section A page 4), This language is consistent with the Attorney General opinion referenced
by the SOU as the tax is applicable on/yon non-educationa/university events.
. Catering events must collect the tax on events up to $5000 and a $250 cap on single events
costing more than $5000. (AMC 4.34.030 Section K page 4)
These amendments are reflected in the ordinance and the ballot measure language.
Page I of2
r.l'
CITY OF
ASHLAND
In addition, Council directed staff to prepare language for council consideration that would allow for
the disclosure of businesses in arrears of remitting the tax be made public under public records law
procedures. The draft language is on page 9 of the ordinance 4.34.130 Section Epage 9.
The ordinance will not go into effect unless voters approve the measure at the November 3, 2009
special election.
Election Timeline
November 2009 Ballot
July 21 - council review of proposed ordinance and ballot measure
August 2009 - final council approval on ballot measure language. second reading of the
ordinance and approval of the resolution
September 3 -Deadline for Notice of Measure filing for November election
November 3 - special election
Related City Policies:
AMC 4.34
Council Options;
Council can:
. Approve the Resolution and second reading as presented or with changes
. Provide other direction to staff
c
Potential Motions:
1. I move to approve second reading as presented. the proposed ballot measure language and the
Resolution calling for a special election.
2. I move to
Attachments:
. Ordinance
. Draft ballot measure language
. Resolution
Page 2 of2
rj.'
ORDINANCE NO,
~N ORDINANCE RELATING TO FOOD AND BEVERAGE TAX; EXTENDING
iTHETAX TO 2030,AND AMENDING AMC CHAPTER4,34
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the 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.
Citv of Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop.
20 Or. App. 293, 53.1 P 2d 730, 734 (1975);
WHEREAS, in 1993 the People of the City of Ashland enacted a Food and
Beverage Tax by referendum, which imposed tax on food and beverages sold to
customers of restaurants, caterers and certain combination facilities;
WHEREAS, restaurants and other "Operators" collect the tax imposed on
customers and hold the tax in trust for the account of the City until the tax is
remitted or "passed-through" to the City;
WHEREAS, proceeds from the food and beverage taxes have been used to fund
the acquisition of public open space park lands as well as to pay the debt
associated with improvements required to be made to the City's wastewater
treatment facility;
WHEREAS, the law is codified in AMC Chapter 4.34 and will sunset in December
2010 unless extended; and
WHEREAS, the Ashland City Council has elected to amend AMC Chapter 4.34 to
extend and amend the food and beverage tax law and to submit such law to the
voters of the City of Ashland; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Ordinance No.
Page 1 of 11
SECTION 1, Chapter 4.34 [Food and Beverage Tax] is hereby amended to read as
follows:
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 on or off the bu'siness premises but within
the corporate limits of the city.
B. "Combination facility" has the same meaning as defined in Oregon
Administrative Rule 333150000(8) 333-150-0000(4)(i) which the State of
Oregon Department of Agriculture licenses or inspects under Oregon
Administrative Rule 3331580000333-158-0000.
C. "Director" means the Director of Finance of the City of Ashland, or his/her
designee.
D. "Food" includes all prepared food items 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 includes. but is not limited to Qrocerv store delis, coffee
shops, and caterers; 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 State of Oregon
Health Division as a limited service restaurant.
4.34.020 Tax Imposed.
A. Except for exempt or tax-capped activities specified in AMC 4.34,030.
the +he 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;
Ordinance No.
Page 2 of 11
2. All food and beverages, except ah:el1elic bO'lOrag9&, sold by a caterer
for an event located within the city. except alcoholic beveraQes and
exempt events as defined in AMC 4.34.030K:-af\G
3. The following items sold by combination facilities:
a. Salads from salad bars;
b. Dispensed soft drinks and coffee; ami
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.
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: and
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.
I!Ise o~ a C1elive sel1Vice,for. an activi ul'I(fer.tliis Section
ellve , ~semicelorJo eratorl ro~laedlClenve
nerO' eratorlfromltl\'e1rlT1ilrenfentltOl'collec
croCI andl6everinlsfsola
B. Such tax shall be imposed at a rate of eRe-five percent on the total amount
charged by the seller for the food and beverages, or for the meal. In the
computation of this tax any fraction of one-half cent or more shall be treated
as one cent.
c.
Ordinance No.
Page 3 of 11 -
D. Ei ht ercent 80% of all taxes collected b the Cit shall be used for
the ur ose of a in for ,ate ca ital ro'ects e
Ine!(ijltVl'ol'PA'shlan'd:s~OaDitalnmpro\J'effieritlF!la, which includes. but is
not limited to, the wastewater treatment plant debt. The council may
decrease increase the rate of the tax or eliminate 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. Notwithstamling subsection 4.34.l120.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, which may include,
but not be limited to, wetlands.
E. The City may retain UP to two percent (2%\ of the tax collected for costs
of administration and collection.
4.34.030 Exemptions,
The tax levied by Section 4.34.020 shall be capped, at the amount specified, or
shall not be collected or assessed on food or beverages:
A.
B. Pro'lided by Sold on hospital~ Qrounds;
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. Provided 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.
i. Sold in bulk to the public for non-immediate consumption off the premises
such as includinQ but not limited to ice cream packed in a container of
one-half gallon or more.
J. 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 1, 1993, but before December 31,1993, pursuant to a
contract f-er the sale of such food or beverages signed and delivered to
Ordinance No.
Page 4 of 11
the operator prior to May 4, 1993, provided that a GOPy of s,!Gh GentraGt
is retained by the operator for review by the direGtor upon request.
Sold by an operator at a sinqle food service event located within the
cit in which restaurant or caterin services exclusive of alcohol
00.0.0 in which case the a licable food and bevera e tax
shall not be excused but shall be ca ed at .0_ olla ,
.0.
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.
4,34,050 Reporting and remitting.
A, Reportinq, On or after July 1, 1993, egvery 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. The operator may
request or the director may establish shorter reportinq periods for any
operator if the operator or 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, A return
shall not be considered filed until it is actually received by the director.
B. Remittinq. At the time the return is filed, the full amount of the tax collected
shall be remitted to the director. f'. return shall not be Gonsidered filed
until it is aGtually reGei\'ed by the direGtor. 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.
C, Order of Payments. 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 direGtor may establish shorter reporting periods for any
operator if the director deems it neGessary in order to insure colleGtion
of the tax and the direGtor may require further information in the return
relevant to paymeAtof the liability,The director may establish shorter
Ordinance No.
Page 5 of 11
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.
The amendments to Section 4,34,050 shall be considered effective as of
January 1,2003, !'.ny 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 1, 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 e\'ent 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. .'\ny operator who fails to file a claim for
refund as set forth in this subsection shall be deemed to have wai'.'ed
any entitlement to refund of overpayment of penalties,
4,34,060 Penalties and Interest.
A. Any operator who fails to remit any portion of any tax imposed by this chapter
within the time required, shall pay a penalty of ten percent of the amount of
the tax, in addition to the amount of the tax.
B. Any operator who fails to remit any delinquent remittance on or before a
period of 60 days following the date on which the remittance first became
delinquent, shall pay a second delinquency penalty of ten percent of the
amount of the tax in addition to the amount of the tax and the penalty first
imposed.
C. If the director determines that the nonpayment of any remittance due under
this chapter is due to fraud, a penalty of 25% percent of the amount of the tax
shall be added thereto in addition to the penalties stated in subparagraphs A
and B of this section.
Ordinance No.
Page 6 of 11
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.
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 D:
4.34.070 Failure to Collect and Report Tax--Determination of Tax by Director.
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.
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 pursuant to the
Administrative Appeals Process in AMC 2.30.020, except that the appeal shall
be filed ta the sity sauRsHlly filiR!I a Ratise af appeal with the sity
admiRistratar within 30 days of the serving or mailing of the determination of tax
due. The sauRsil shall fix a time ami plase far hearin!l sush appeal, aRd tile
sity admiRistratar shall !li'/e fi'/B days written natise af the time aRd plase af
heariR!I ta sush aperatar at the last kRawR plase af address. The hearinCls
officer sauRsil 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 hearinCls
officer sauRsil 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.
4,34,090 Records.
Ordinance No.
Page 7 of 11
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 the 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 of the 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 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. N'o 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.
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 such 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.
4.34.120 Violations Infractions.
Ordinance No.
Page 8 of 11
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is
a violation of this chapter for A any operator or other person wOO to:
A. fails or refuses to comply as required herein.;.. .
.!!:. or to fail or refuse to furnish any return required to be made.;.. or fails
or refllses to
C, fail or refuse to permit inspection of records; .
D. fail or refuse to furnish a supplemental return or other data required by
the director.;..
E. or 'IIho renders a false or fraudulent return or claim.;.. Of
F. wOO fails, refuses or neglects-to remit the tax to the city by the due date"
The remedies provided bv this section are not exclusive and shall not prevent
the City from exercisinq any other remedy available under the law. nor shall
the provisions of this ordinance prohibit or restrict the City or other
appropriate prosecutor from pursuinq criminal charqes under state law or city
ordinance, is gllilty of an infraction aREl shalllle pllnished as set forth in
Gestion 1.08,020 of tho Ashland Mllnicipal Codo,
4,34,130 Confidentiality.
Except as otherwise required by law, it shall be unlawful for the city, any 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 shall prohibit:
A.
B.
SECTION 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,
Ordinance No.
Page 9 of 11
\
records, or memoranda, including copies of operator's state and federal income tax
return, bearing upon the matter of the operator's tax return.
SECTION 4.34.160 Termination of tax.
This chapter shall expire on December 31, 2030 ~, unless extended by a vote of
the electorate.
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, 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 4, Referi'altoSoecial Election. Purs
the AshlandCity.;C@ncil;hasr~ferred this Ordina
I.:. :',:Co"" :.:>"::'::C"::':"""':''''::<.,:':''>::':::N:''''':;'<'>L"::".:.,:,.,/:""::,:::,, "..:, ,',:..... .......'::::::.
~he Special ElectiO:I1~9ated November 3, 2009.
be effective unless and until approved by the voter
, .: .:.::' ':,',:::'<:"m'::::.,>/::><><>':::<.,::::,:,::",..>:" . . ..' "':.::',/:.:::
following the officiaracceQtance bf the canvas of the va e.
'on No. 2009 - _!
rs for approval at
Ordinance shall nOt
I y. of Ashland and~
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-/ettered, 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.
Ordinance No.
Page 10 of 11
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello. City Attorney
Ordinance No.
Page 11 of 11
RESOLUTION NO. 2009 -
A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 3, 2009, IN
THE CITY OF ASHLAND FOR THE PURPOSE OF REFERRING TO THE VOTERS
OF THE CITY A MEASURE, ENTITLED "AN ORDINANCE RELATING TO FOOD
AND BEVERAGE TAX, EXTENDING THE TAX TO 2030, AND AMENDING AMC
CHAPTER 4.34
THE CITY OF ASHLAND RESOVES AS FOLLOWS:
SECTION I. A special election is called to be held in the City of Ashland, Oregon on
November 3, 2009, at which election there shall be referred to the voters for their
adoption or rejection; the ordinance attached to this resolution entitled "AN
ORDINANCE RELATING TO FOOD AND BEVERAGE TAX, EXTENDING THE
TAX TO 2030, AND AMENDING AMC CHAPTER 4.34."
SECTION 2. The foregoing ordinance shall be effective upon its passage by the
electorate at a special election to be held on November 3, 2009.
SECTION 3. The ballot title for this measure is as set forth on the attached Exhibit A.
SECTION 4. The City Recorder is requested and directed to give notice of this special
election as provided in the laws of the State of Oregon and the charter and ordinances of
the City of Ashland.
SECTION 5. This Resolution was duly PASSED and ADOPTED this fourth day of
August, 2009, and after signing by the Mayor takes effect immediately.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
DRAFT
Exhibit A
City of Ashland, Ballot Measure, November 3 Special Election
Amend and Extend Food and Beverage Tax
Caption:
Extend the 5% tax on food and beverage to 2030.
Tolall0 words (10 words permilfedper ORS 250.035)
Question:
Shall 5% tax on prepared food and beverages extend to 2030 for parks and wastewater treatment
improvements including debt repayment?
Tofal20 words (20 words permiltedper ORS 250.035 20)
Summarv:
This measure extends the five percent tax on prepared food and beverages sold by restaurants,
caterers, grocery store delis, coffee shops and other establishments. Alcoholic beverages are
excluded.
Tax revenues are dedicated for acquisition of park land and for capital improvements of parks and
the wastewater treatment plant including debt repayment. Funds may only be used for park and
wastewater capital improvements projects identified in the City's adopted Capital Improvement
Plan.
The City Council can reduce or eliminate the tax at anytime. Restaurants retain 5% of the tax
collected. The City may use up to 2% for administrative expenses.
The tax is not collected on food or beverages sold on school grounds or college campuses (except
food sold by an independent contractor or non-educational catered events), on hospital grounds,
in vending machines, at senior centers, or by non-profits or service clubs at street booths or
concessions. _Food provided by bed and breakfast inns is excluded.
For single events, such as weddings, costing more than $5,000 the tax is capped at $250.
Tolal171 words (175 words permitted per ORS 250.035)
1
DRAFT
The Explanatory Statement appears in the voters' pamphlet.
Explanatory Statement:
Passage of this measure extends the tax that provides funds for park acquisition and for capital
improvements for parks and the wastewater treatment plant.' Funds used for improvements must
be in the adopted Capital Improvement Plan.
Since its passage in 1993, park acreage in Ashland has increased from 425 acres to 785 acres. If
the tax is extended, the Parks and Recreation Commission will use the revenue to complete
projects in the Capital Improvement Plan.
To comply with environmental requirements, the City constructed a new wastewater treatment
plant for $34 million. The City paid $10 million using Food and Beverage tax revenue and
borrowed $24 million for the balance. The annual loan payment is $1.8 million including
principal and interest. The Food and Beverage tax provided about $1.5 million in 2008 for the
payment. The loan will be paid in 2022. If the tax is not extended, the City will make payments
with other revenues which may include an increase in wastewater utility rates.
All businesses in the city limits that sell prepared food and beverages must collect the tax. This
includes restaurants, grocery store delis, coffee shops, catering services and food sold by
independent contractors and non-educational catered events on school campuses.
Food and beverage providers keep 5% of the total collected to cover their administrative costs
and the balance is sent to the City. Of that amount, up.to 2% may be retained by the City for
administrative costs. Of the balance 20% is for park improvements and 20% of that amount must
be used for acquisition. 80% is for capital improvements for the wastewater treatment plant and
debt repayment.
Alcoholic beverages and whole cakes, pies and loaves of bread consumed off premises are
exempted. The tax is capped at $250 for events that exceed $5,000 in food and beverages sold.
The tax will not be assessed on food or beverages:
. Sold on school campuses;
. Sold on hospital grounds;
. Provided by bed and breakfast inns and h~tels/motels as part of their lodging;
. Sold in vending machines;
. Sold by nonprofit organizations or service clubs as a temporary fundraiser;
. Convalescent homes, nursing homes and retirement homes;
. Provided by a senior citizen nutritional program;
. Sold for resale to the public;
. Sold in bulk for consumption off the premises such as ice cream packed in a contairier of
one-half gallon or more;
. Candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen
yogurt, cakes, pies and other desserts.
Businesses will collect the tax at the same time as the amount for the food and beverage is
collected.
Each business provides the tax collected to the City before the last day of the month following the
end of each quarter. Businesses may arrange with the City to remit the tax monthly.
I
DRAFT
This tax expires in 2030 unless the City Council eliminates the tax. Funds generated after 2022
not designated for parks will be used for wastewater treatment improvements.
Tolal499 words (500 words permitted per ORS 246.150,251.305 & 251.325 500)
2
CITY OF
ASHLAND
Council Communication
Agreement for Water Service to Willow Wind Community Learning Center
Meeting Date:
Department:
Secondary Dept.:
Approval:
August 4, 2009
Public Works/ Engineering
Finance
Martha Bennett rt;t
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Michael R. Faught 552-2411
faughtm@ashland.or.us
Richard Appicello
20 minutes
Question:
Will the City Council approve an agreement with the Ashland School District for a Water Service
Connection to Willow Wind Community Learning Center, outside of the City Limits and the Urban
Growth Boundary?
Staff Recommendation:
Staffrecommends that the Council approve an agreement with the Ashland School District for a Water
Service Connection to Willow Wind Community Learning Center, outside of the City Limits and the
Urban Growth Boundary.
Background:
The Ashland School District submitted a request for the City to provide water service outside the urban
growth boundary to the Waldorf School Property (now renamed Willow Wind Community Learning
Center) located at 1497 East Main Street July 28,2000. This property is within Jackson County, and is
zoned Exclusive Farm use (EFU).
At the September 5, 2000 Council meeting, the Council determined that it would be in the City's best
interest to allow a water service connection to the site and subsequently approved the request with
conditions. The School District recently secured a Jackson County building permit for their barn to
auditorium conversion project, which includes the construction of the water service line approved by
the City Council in 2000.
The September 5, 2000 Council conditions of approval state that the water be for school uses only; that
the water service be terminated when the school ceases to operate; and that the school pays all of the
water connection fees, including a service line to the school and the system development charges
established by the City.
In order to ensure that all of the Council's conditions have been met, Legal drafted the attached
Intergovernmental Agreement. The agreement is a 5-year agreement with the option to extend an
additional 5-year period. It requires the school district to adhere to the following conditions:
I. Comply with all ordinances of City related to water service and use.
2. Record the agreement in the county deed records at the School Districts cost.
3. Furnish consent to the annexation of the premises and a deed restriction / covenant of
unified control agreement preventing the partitioning or subdivision of the land prior to
annexation to City.
Page 1 of2
r~'
CITY OF
ASHLAND
4. Pay the City's water connection fee for connections outside the City and shall also pay
applicable City System Development Charges (SDC).
In the Agreement, the City agrees to the following:
I. The water rate the City shall charge the School District shall be the same as the in-city
water rate, provided the Willow Wind Community Center property remains a school.
2. The System Development Charges shall be paid in two installments. The first
installment, equal to one half of the total amount owed, is due and payable in the Office
of the City Administrator at 5:00 p.m. on Decemberl6, 2009. The second installment of
the balance for the amount owed is due and payable in the Office of the City
Administrator at 5 :00 p.m. on December 16, 20 I O.
In addition, the School District's request for water service outside of the Urban Growth Boundary has
been approved by Jackson County, as part of the County's land use process, and is consistent with the
City of Ashland Resolution 97-27 which allows other government agencies located outside of the City
to connect to. the City water system.
Council Options:
I) The City Council could approve staff recommendation to approve the attached agreement with
the Ashland School District for a Water Service Connection to Willow Wind Community
Learning Center.
2) The City Council could decide not to approve the attached agreement with the Ashland School
District for a Water Service Connection to Willow Wind Community Learning Center.
3) The City Council could recommend modifications ( ) to the proposed agreement with
the Ashland School District for a Water Service Connection to Willow Wind Community
Learning Center.
Potential Motions:
I) Move to approve staff recommendation to approve an agreement with the Ashland School
District for a Water Service Connection to Willow Wind Community Learning Center.
2) Move to deny Ashland School District's request for a Water Service Connection to Willow
Wind Community Learning Center.
3) Move to modify ( ) the agreement with the Ashland School District for a Water Service
Connection to Willow Wind Community Learning Center.
Attachments:
. Agreement for a Water Service Connection to Willow Wind Community Learning Center.
. Resolution No. 97-27
. September 5, 2000 Water Service to Waldorf School Property Council Communication.
Page 2 of2
r~'
INTERGOVERNMENTAL AGREEMENT
FOR CITY WATER SERVICE
This Agreement is made and entered into this _ day of , 2009 by
and between ASHLAND SCHOOL DISTRICT No.5, hereinafter referred to as "School
District," 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 School District owns property outside the city limits of the City of
Ashland (hereinafter WILLOW WIND COMMUNITY LEARNING CENTER) more
particularly described and shown in Exhibit A attached hereto and made a part hereof
by this reference; and
B. School District desires to connect to City's water supply to service the
above-referenced property for both potable water and fire protection purposes; and
C. The City of Ashland is authorized to provide such service connection after
findings as established in Resolution 97-27 are made and after compliance with all terms
and conditions of that resolution; and
D. The City finds and determines that the service connection is consistent
with Res. 97-27 because the connection is to service another governmental entity as
contemplated in Section 2 B; an d
E. The City finds and determines that the Council has previously found this
extension consistent with City Code and approved this service extension on September
5, 2000 with conditions;
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.
Intergovernmental Agreement for
Water Service Page 1 of 8
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. 2014, unless administratively extended in writing as provided
for herein. The School District Superintendent may extend this Agreement, by five (5)
years, by indicating in writing to School District that an extension of the Agreement is
sought under the same terms and conditions, of this Agreement. Provided however,
that the rates for water service shall always be those rates in effect when the service is
provided, as those rates are periodically adjusted and set by Resolution or Order of the
City. The extension shall be effective only upon receipt of a document from the City
Administrator consenting to the extension under the same terms and conditions
3. FUNCTIONS OR ACTIVITIES, [ORS 190.020(1)].
a. The City of Ashland agrees to the following:
Except as provided herein, the City of Ashland shall supply potable water
to the School District Willow Wind Community Learning Center property
under the same sale and service terms and conditions as the City normally
supplies water to .customers outside the City of Ashland city limits.
Notwithstanding the location of the service, the water rate the City shall
charge the School District shall be the same as the in-city water rate,
provided the Willow Wind Community Center property remains a school.
Any change in use will trigger an increase in the rate charged to the out of
city rate structure. City shall supply a water meter at a location to be
determined by City to measure the volume of water delivered to the
property and School District shall pay for all water delivered to the
property through such meter at those rates established by City for
customers served outside City.
b. The School District agrees to abide by all the terms and conditions of
this agreement, including speCifically following:
1. School District shall comply with all ordinances of City related
to water service and use. City shall have the right to terminate
service for failure to comply with such ordinances upon thirty
days (30) days notice to School District.
11. Failure to pay for charges when due shall automatically become
a lien upon the property.
Intergovernmental Agreement for
Waler Service
Page 2 of 8
111. A memorandum of this Agreement shall be recorded in the
county deed records with the cost of recording to be paid by
School District.
IV. In the event buildings connected to the water system are
subsequently replaced for any reason, the replacement building
may continue to be connected to the water system of City as
long as the use of the water system will not be increased as
determined by the Director of Public Works.
v. School District shall furnish to City a ~onsent to the annexation
of the premises and a deed restriction / covenant of unified
control agreement preventing the partitioning or subdivision of
the land prior to annexation to City. Said instruments shall be
signed by the owners of record and notarized so that it may be
recorded by City and binding on future owners of the premises.
The cost of recording the deed restriction shall be paid by the
School District.
f
4. PAYMENT, [ORS 190.020(1)(a)].
a. School District shall promptly pay City's water connection fee for
connections outside the City and shall also pay.applicable City System
Development Charges as outlined herein.
b. System Development Charges shall be paid in two installments. The
first installment equal to one half the total amount owed is due and
payable in the Office of the City Administrator at 5:00 p.m. on
December16, 2009. The second installment of the balance fo the
amount owed is due and payable in the Office of the City
Administrator at 5:00 p.m. on December16, 2010. SDC amounts are
calculated in the normal manner depending upon the size of the meter
needed to serve the school and barn building. For example, a two inch
meter is approximately $26,333.00. A one and one-half inch meter is
approximately $16,452. The actual meter size required is subject to
approval of the City Public Works Director.
c. Payment by School District for. water provided to the Willow Wind
Community Learning Center property shall be made upon receipt of
utility billing by City. If the bill is not paid by the next billing date, a
notice complying with the then- current regulations for utility notices
Intergovernmental Agreement for
Water Service
Page 3 0[8
shall be given stating that service will be disconnected if the bill is not
paid by the date specified.
5. REVENUE, [ORS 190.020(1)(b)]. No revenues expected to be derived
pursuant to this Agreement need to be apportioned between the parties.
6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be formally
transferred pursuant to this Agreement. School District and City 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)].
a. This Agreement may be terminated by mutual consen,t by both parties;
or by either party at any time, upon one-hundred eighty (180) days
notice in writing and delivered by certified mail or personal service.
In the event of termination of the Agreement, School District County
shall pay for all services rendered by 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.
b. There shall be a default under this Agreement if either party fails to
perform any act or obligation required of that party by this Agreement.
Before declaring a default, the party claiming a failure has occurred
shall give writte~ notice to the other party specifying the nature of the
breach with reasonable particularity. No default shall occur if the
breach is remedied with ten (10) days after the notice is given.
c. If the breach specified in the notice is of such a nature that a remedy
cannot be completely performed within the ten-day period, no default
shall occur if the party receiving the notice begins performance of the
act or obligation within the ten-day period and thereafter proceeds
with reasonable diligence and in good faith to effect the remedy as
soon as practicable.
Intergovernmental Agreement for
WateT Service
Page 4 of8 -
)
d. If substantially the same breach for which notice was given recurs
within six (6) months, the party injured by such breach may declare a
default by giving written notice to the other party specifying the
nature of the breach.
e. In addition to the remedies specified elsewhere in this Agreement, if a
default occurs, the party damaged by the default may elect to
terminate this Agreement and pursue any equitable or legal rights and
remedies available under Oregon law.
9, HOLD HARMLESS.! DISCLAIMER
a. Ouantity and Pressure of Water. No liability shall accrue against City
arising by reason of shortages in the quantity of water available, lack of
water pressure, or interruptions in water deliveries to School District
for any reason including, but not limited to accidents or failure of City
facilities or supply or from any cause beyond City's control including,
without limitation, war or acts of God.
b. To the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, School District 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 the any error, act or omission of City of Ashland, its
officers, agents and employees in the performance of their duties and
under the terms of this Agreement. It is further agrees 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:
Intergovernmental Agreement for
Water Service
Page 5 of8
~
City of Ashland
Attn: Martha Bennett City Administrator
20 East Main Street
Ashland, Oregon 97520
Phone: 541-488-2100
Fax: 541-552-2092
School District
Attn:
Phone:
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
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. 1. 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,
Intergovernmental Agreement for
Water Service
Page 6 of8
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.
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 _ day of
,2009.
School District No, 5 , Ashland, Oregon
Dated this
of
,2009
Intergovernmental Agreement for
Water Service
Page 70f8
Julie DeChiro, Superintendent
City of Ashland, Oregon
By:
JOHN STROMBERG, MAYOR
City of Ashland
Approved as to Form:
City Attorney
Intergovernmental Agreement for
Water Service
Page 8 0[8
RESOLUTION NO. 97-A 7
,
A RESOLUTION ESTABLISHING STANDARDS FOR
WATER CONNECTIONS OUTSIDE THE CITY LIMITS
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. No premises located outside the City of Ashland may be connected to
the city water system except as provided in this resolution.
SECTION 2. Premises outside the city may be connected to the city water system only
as follows:
A. Connections authorized by the council prior to the date of this resolution,
B. Connections authorized by the council for city or other governmental
facilities,
C, Connections authorized by resolution of the council where the council finds:
1. The connection is determined to be in the best interest of the City of
Ashland and to not be detrimental to the City's water facilities or resources.
2. The applicant secures, in writing, a statement from the Environmental
Health Division, Health Department, Jackson County, Oregon, that the existing water
system for the premises has failed.
3. The failed water system cannot feasibly be repaired or improved and
there is no other feasible source of water for the premises,
4. An Ashland water main or line exists within 100 feet of the premises.
5. The connection is to premises within the city's urban growth
boundary.
SECTION 3, Connections authorized under section 2.C of this resolution shall be
made only upon the following conditions:
A. The applicant for water service pays the water connection fee for
connections outside the city and the systems development charges established by the
City.
B. In the event dwellings or buildings connected to the water system are
subsequently replaced for any reason, then the replacement building or dwelling may
continue to be connected to the water system of the City as long as the use of the
water system will not be increased as determined by the Director of Public Works.
C. The applicant furnish to the City a consent to the annexation of the premises
and a deed restriction preventing the partitioning or subdivision of the land prior to
annexation to the City, signed by the owners of record and notarized so that it may be
PAGE 1-RESOLUTION Ip'.,",w..'c~3.'MJlJun. 12. 19971
recorded by the City and binding on future owners of the premises. The cost of
recording the deed restriction shall be paid by the property owner.
D. The property owner shall execute a contract with the City of Ashland which
provides for: payment of all charges connected with the provision of water service to
the property; compliance with all ordinances of the city related to water service and
use; termination of service for failure to comply with such ordinances and that failure
to pay for charges when due shall automatically become a lien upon the property. A
memorandum of the contrad shall be recorded in the county deed records with the
cost of recording to be paid by the property owner.
This resolution was read by title only in accordance with Ashland Municipal Code
!l2,Q4:,/ duly PASSED and ADOPTED this LL day of ~ ' 1997.
~~ .
Barbara Christensen, City Recorder /
SIGNED and APPROVED this /f day of ~
,1997.
~;~
Catherine M. Golden, Mayor
RemZfor~
Paul Nolte, City Attorney
PAGE 2-RESOLUTION Ip,o,dlw.."oo3.,..IIJ,no 12.19971
Council Communication
Public Works Department
Water Service to Waldorf School Property
September 5, 2000
Submitted by:
Reviewed by:
Approved by:
Paul. Brown
Paul Nolte
Grell:: Scoles
~it J-q'fDf
Title:
Ashland Public Schools Request for Water Service Connection to the Waldorf School Property
Outside City Limits and Outside the Urban Growth Boundary.
Synopsis:
On July 28, 2000, Ashland Public Schools submitted a request for water service outside City
limits to the Waldorf School site, It is staff's understanding that the Ashland Public Schools
system is anticipating purchasing this property with the intent of opemting an alternative
education service center for Ashland area students.
The Waldorf School site (see attached map) is not only outside the City limits, but is also outside
the City's approved Urban Growth Boundary, This property is within Jackson County, zoned
Exclusive Farm Use (EFU), In response to the initial Ashland Public Schools request, staff
requested that the Schools obtain County acceptance for the City to provide municipal/urban
water services outside the City's approved Urban Growth Boundary,
Recommendation:
The authority to extend water service outside the City's urban growth boundary is provided by
City's Resolution No. 97-27, Should the City Council approve the School's request for water
under the provision of a "governmental facility", it is staff's recommendation that the Council
provide conditions for the use of City water.
Staff recommends the following conditions be placed on the School District for the use of City
water:
I. 1bat water delivered to the school be used only for "school facility purposes" (and
does not including landscape watering);
2. That water use be terminated when the school ceases to operate; and that covenants be
recorded on the property to this effect.
3. That the School District pays the water connection fee for connections outside the city
and the systems development charges established by the City.
4. 1bat the School District furnish a consent to the annexation of the premises and a
deed restriction preventing the partitioning or subdivision of the land prior to
Plge I oD
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annexation to the City, signed so that it may be recorded by the City and binding on
future owners of the premises. The cost of recording the deed restriction shall be paid
by the School District.
5, That the School District shall execute a contract with the City of Ashland which
provides for: payment of all charges connected with the provision of water service to
the property; compliance with all ordinances related to water service and use;
termination of service for failure to comply with such ordinances. A memorandum of
the contract shall be' recorded in the county deed records with the cost of recording to
be paid by the School District.
Fiscal Impact:
Should Council approve the School's request for water, it is staffs recommendation that lIie
Schools pay the SDCs and all fees associated with the water connection to the buildings at the
Waldorf School site. As such, the fiscal impact to the City is negligible.
Background Information:
City Resolution 97-27 (attached) permits water to be supplied outside the City limits. Within
Section 2, one of the three provisions must be met. In this case, B is the most likely fit in that the
City Council can make a determination of whether or not the Ashland Public Schools could
qualify as a "governmental facility".
SECTION 2. Premises outside the city may be connected to the city water system only as follows:
A. Connections authorized by the council prior to the date of this resolution. IJoool7, 19971
B. Connections authorized by the council for city or other governmental facilities.
C. Connections authorized by resolution of the council where the council finds:
[5 sub sections - not shown here]
If the Council chooses to accept the School's request based upon Section 2. B. above, then
Section 2. C. does not apply. Section 3 further conditions water connections authorized under
section 2.C of the resolution. Although the conditions of2.C. are not required for approval, staff
recommends conditions similar to those in Section 3, Staff based the recommendationupon the
following discussion.
SECTION 3. Connections authorized under section 2.C of this resolution shall be made only
upon the following conditions:
A. The applicant for water service pays the water connection fie for connections outside
the city and the systems developmenl charges established by lhe City.
Should Council approve the School's request for water, it is staff's recommendation that
the Council require systems development charges be paid. Water is a resource in the City
and has a finite supply. The City has a long-term plan (2015) to finalize construction of a
Talent-Ashland-Phoenix Water Intertie with the Medford Water commission for a portion
Pago 2 of3
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of the City's water supply. As such, the City's water supply is protected and although
areas outside the UGB were not included in the water projections, the additional use for the
School facility at the Waldorf school site is not detrimental to the City's water resources.
The SDCs for this property would go toward the future connection for the TAP Intertie
project,
B. In the event dwellings or buildings connected to the water system are subsequently
replacedfor any reason, then the replacement building or dwelling may continue to be connected
to the water system of the City as long as the use of the water system will not be increased as
determined by the Director of Public Works.
Should Council approve the School's request for water, it is staff's recommendation that
the Council condition approval so that it is rescinded if the school decides after a period of
time not to use the facility for school (governmental) purposes. It is further recommended
that the use of water he limited to the building(s) only, not for irrigation or landscaping.
C. The applicant furnish to the City a consent to the annexation of the premises and a
deed restriction preventing the partitioning or subdivision of the land prior to aimexation to the
City, signed by the owners of record and notarized so that it may be recorded by the City and
binding on future owners of the premises. The cost of recording the deed restriction shall be paid
by the property owner.
Should Council approve the School's request for water, it is staff's recommendation that
the Council require the School to fully comply with this provision.
D. The property owner shall execute a contract with the City of Ashland which provides
for: payment of all charges connected with the provision of water service to the property;
compliance with all ordinances of the city related to water service and use; termination of
service for failure to camply with such ordinances and that failure to pay for charges when due
shall automatically become a lien upon the property, A memorandum of the contract shall be
recorded in the county deed records with the cost of recording to be paid by the property owner.
Should Council approve the School's request for water, it is staff's recommendation that
the Council require the School to fully comply with this provision.
psg.JorJ
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