HomeMy WebLinkAbout2009-0922 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 22, 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. Regular Council of September 8, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation on 40th Anniversary Sister City Visit with photos by Graham Lewis
2. Mayor's Proclamation of October 4 - 11 as National Fire Prevention Week
VII. CONSENT AGENDA [5 minutes}
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Will the Council, acting as the Local Contract Review Board, consent to enter into two
public contracts for Towing and Storage Services?
3. Does the Council wish to confirm the Mayor's appointment of Steve Hauck to the
Transportation Commission with a term ending April 30, 2010?
4. Will Council approve and authorize the Mayor to sign Amendment #5 to the Clean Water
State Revolving Fund Loan No. R 11750 reducing the required reserve from $1,751,369 to
$875,490?
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 !j2,04.050})
1. Will the Council approve a resolution adopting police special service lees, and repealing
the police special service fees section of resolution 94-23? [10 Minutes]
2. Does the Council want to raise electric rates by 4% to cover increased operational
expenses and higher wholesale power costs from BPA? [15 Minutes]
3. Will the Council approve increases to the Street Fund. Transportation and Storm Drainage
utility fees effective November 1, 2009? [30 Minutes]
4. Will the Council approve conveyance of deeds to implement the provisions of the IGA with
the Housing Authority of Jackson County? [10 Minutes]
COUNCIL l'vIEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASIILAND.OR.US
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. Discussion on nudity ordinance [40 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Will Council designate a voting delegate to the annual League of Oregon Cities
Conference? [5 Minutes]
2. What type of Tier 2 power resources does the City want to purchase from BPA under the
new 20-year Regional Dialogue contract? [15 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Would the Council approve secondreading of an ordinance to amend Ashland Municpal
Code Chapter 2.41, "Voluntary Contribution and Spending Limits for Candidates for City
Offices"? [5 Minutes]
2. Should the Council approve second reading of an ordinance titled, "An Ordinance
Amending the Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC
1.04.010 Definitions,"? [5 Minutes]
3. Should the Council approve first reading 01 an ordinance titled. "An Ordinance Relating to
Liquorl:icense Reviewand-Amending'AMC Chapter 6.32"? [5'Minutes]
4. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to
Chain Requirements for Commercial Vehicles"? [5 Minutes]
5. Should the Council approve first reading of an ordinance titled, "An Ordinance Relating to
Parking and Amending AMC 11.24.070"? [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Planning Commission
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35,102-35,104 ADA Title I),
COUNCIL 1vlEETlNGS ARE BROADC;\ST UVE ON CHANNEL <)
VISlTTI-IE CITY OF ASHLAND'S WEB SITE AT WWW,ASHL.AND.OR,LJS
ASHLAND CITY COUNCIL MEETING
September 8. 2009
Page I 0[6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 8, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse and Chapman were present. Councilor Jackson arrived at 8: 13
p.m. Councilor Silbiger was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg shared a recent conversation he had with a soldier enlisted in the 1/1 86th Infantry
Battalion of the 41" Brigade Combat Team of the Oregon National Guard (11186).
He went on to note vacancies on the Transportation, Tree, Conservation, Housing and Forest Lands
Commissions.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Regular Council meeting of August 18,2009 and Special Meeting of August 25,2009
were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of September II - 20,2009 as Eat Local Week was read aloud.
Annie Hoy/237 N First Street/Spoke on behalf of the Ashland Coop and The Rogue Initiative for a Vital
Economy (Thrive) regarding the activities for Eat Local Week. She explained Thrive is a local nonprofit
organization that spearheads buy local and eat local events in Jackson and Josephine Counties. For Eat
Local Week, the Ashland Coop teamed up with Thrive to show how possible it is to eat within a 200-mile
radius. She thanked the Council for the proclamation and invited everyone to participate and visit the
following websites www.thrivcorcf!on.org, www.rol.!ueflavor.org and w\Vw.ashlandfood,<.:oon.
Mayor Stromberg changed the Executive Session scheduled for September 22, 2009 regarding the nudity
ordinance to a public session without objection from Council.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera
Brewing Company at 540 Clover Lane?
3. Does the Council wish to approve a Liquor License Application from Jim Mills dba Caldera
Tap House at 31 B Street?
4. Does the Council wish to approve a Liquor License Application from Emil McMillan dba BZ's
Last Stand & Hacienda at 18 Calle Guanajuato?
5. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement
requesting approval to enter into a contract with JACO Environmental to operate and offer a
refrigerator and freezer recycling program to Ashland residents?
6. Will the Council approve a joint funding agreement with the US Geological Survey to continue
the ongoing water data collection program which requires the City to provide one half of the
ASHLAND CITY COUNCIL MEETING
September 8, 2009
Page 2 of6
$48,240 annual cost authorize the City Administrator to sign future agreements?
7. Will the Council, acting as the Local Contract Review Board, award the contract for surplus
transformers to Jerry's Electric, Inc. who submitted the highest bid of $8,245.26?
Councilor ChapmanNoisin m/s to approve Consent Agenda items. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
1. Will Council authorize staff to conduct Cross Connection surveys/site visits of water customers
that also have Talent Irrigation District (Till) irrigation connections to determine if a cross
connection exists?
Public Works Director Mike Faught introduced PlumbinglMechanicallnspector Rick Hackstock and
Water Quality Technician Larry Elliott and presented the staff report. The City has identified 1,036
customers with both City water and TID services that may have a cross connection. If there are cross
connections, the customer is required to install a back flow device, either an Air Gap or a Reduced
Pressure Principal Backflow Prevention Assembly (RP). Currently there are 2,500 cross connections with
certified back flow devices, 33% actually using the preferred RP devices.
Staff will notify the residents involved and conduct approximately 300 inspections a year with the entire
process targeted for completion in 3.5 years with ongoing inspections annually. The ordinance specifies
residents must install a back flow device or the City will turn off their potable water. Following the code
for utility shut off for non-payment, the resident has 30 days to comply with the option to go to the City
Recorder to file an appeal through the Council. If there is no appeal, the process to shut off water takes
about 60 days. Currently the City does not have the funds to subsidize customers who cannot afford a
cross connection.
Councilor Voisin/Chapman m/s to approve authorization for staff to conduct Cross Connection
surveys and site visits of water customers that also have Talent Irrigation District irrigation
connections to determine if a cross connection exists. Roll Call Vote: Councilor Navickas,
Lemhouse, Voisin and Chapman, YES. Motion passed.
Staff added that customers with a cross connection could opt to disconnect from the TID service to avoid
having their potable water shut off.
NEW AND MISCELLANEOUS BUSINESS
1. Does the Council have questions for the Oregon Department of Transportation (ODOT) on the
work of the Aesthetic Advisory Committee for Exit 14 and Exit 19?
Management Analyst Ann Seltzer provided background on the Aesthetic Advisory Committee (AAC) and
introduced John Galbraith from Galbraith and Associates. Mr. Galbraith eXplained how the committee
made the architectural and aesthetic decisions for both bridges and that exit 14 will have signal lights and
,inc~eased visibility.
Council requested the public have the opportunity to address the functionality of both exits. ODOT will
maintain the landscape at both exits, using City water to irrigate Exit 14 and for the first year only, truck in
water for the sustainable plants at Exit 19. The City will maintain the banners and the inside of the bridge
through an inter agency agreement. Ms. Seltzer shared citizen input regarding space under the streetlights
ASHLAND CITY COUNCIL MEETING
September 8. 2009
Page 3 oJ6
for banners. The City will have a design contest and pay to have the banners professionally manufactured.
City Administrator Martha Bennett added staff was currently updating the banner policy and will present
to Council soon.
Colin Swales/143 8th StreetNoiced concern regarding the banners commenting the ones used in the
downtown area were outdated and hoped they would not be used for the bridge.
Council discussed using hanging baskets instead of banners and possibly removing the centerpiece railing
design on the bridge railing.
2. Should the Council waive Community Development and Engineering fees in the amount of
$38,295 (22,770 in Community Development fecs and $15,525 in Engineering fees) for 15
affordable ownership housing units being developed by Rogue Valley Community Development
Corporation and known as Rice Park?
Community Development Director Bill Molnar explained staff was recommending the Council not
approve waiving the fees due to concerns regarding the timing ofthe request and previous project
shortfalls in revenues related to the overall economic downturn in higher-valued development activity.
The project will receive a $97,000 waiver of system development charges (SDC). Requirements requested
by the Council when the annexation was approved in 2007 are in the process of being met.
Valri Williams/744 Helman StreetINoted the City has been supportive of affordable housing and passed
an ordinance requiring units are energy efficient. The requirements specified in the ordinance must be met
even though the economy has changed. She encouraged the Council's support.
John Wheeler/Executive Director Rogue Valley Community Development Corporation
(RVCDC)/Explained Rice Park is a mutual self-help project where homeowners build their homes and
RVCDC hires the plumber, electrician, heating/air and helps with roofing and concrete. The homes are
earth advantage platinum rated homes and will have everything an energy star or platinum home has
except the photovoltaic panel; however, wiring will be in place. The result is the home will use 40% of the
energy that a regular home the same size would use. Rice Park is an earth advantage sustainable
community pilot project that will gain national recognition and set the mark for all others. Building the
homes will put over $2million back into the local economy.
Councilor Jackson arrived at 8: 13 p.m.
Mr. Wheeler stated it is difficult to obtain grant money for this type of project and R VCDC was unaware
of the added requirements last year. The Verde Village agrecment had that project putting in streets, re-
routing the bike path, creating the riparian area and providing water, electric, sewer and storm drain to Rice
Park. Unfortunately, the Verde Village project was not moving quickly enough and in order to meet
deadlines, the Rice Park project made public improvements totaling approximately $200,000. It was
unknown if the Verde Village project would be able to reimburse Rice Park for the full amount.
It was further explained families receive loans from the Department of Agriculture's Rural Development
pro6'fam but are not eligible for supplemental loans to defer the costs. RVCDC did not set aside money for
the Community Development and Engineering fees because the City had previously waived the fees for the
Faith/Siskiyou and Terrace Court projects and RVCDC assumed it was a precedent.
Councilor Lemhouse/Chapmanm/s to waive all Community Development and Engineering fees in
the amount of $38,295. DISCUSSION: Councilor Lemhouse thought it fair to continue support for the
project since the Council set the requirements originally and RVCDC had met them at an increased cost.
,
ASHLAND CITY COUNCIL MEETING
September 8. 2009
Page 4 016
Councilor Chapman was proud the City took the step requiring energy efficiency in affordable housing and
RVCDC responded. The Clay Street project was not under the same energy efficient requirements and had
received large financial incentives Rice Park did not get. It seemed fair and reasonable to waive the fees
for Rice Park. Councilor Navickas noted the City had allowed RVCDC and the developers the annexation
and did not think the City could afford to waive the fees when it was cutting Fire Fighter and Police
Officer positions.
City Administrator Martha Bennett confirmed the Community Development and Engineering fees were
waived for the Faith/Siskiyou and Terrace Court projects.
Councilor Voisin supported waiving the fees; the project will contribute $2million to the community, and
establish Ashland as a model for affordable housing. It was important to continue to support this effort.
Councilor Jackson supported RVCDC projects and thought the City needed to extend the same privileges
to Rice Park that had been extended in other cases. Councilor Navickas asked the Council to remember
this decision during the next budget season and support raising the tax rate in order to subsidize programs
like these. Roll Call Vote: Councilor Voisin, Chapman, Lemhouse and Jackson, YES; Councilor
Navickas, NO. Motio'n passed 4-1.
UNFINISHED BUSINESS - (continued)
2. Does Council approve first reading of an ordinance adding chapter 18.63, Water Resource
Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments?
Community Development Director Bill Molnar, Planning Manager Maria Harris and the Council reviewed
the list under Background on the Council Communication starting with requirement #6. Provide
Exemption for Maintenance and Restoration of Water Resources in Public Parks. Council and staff
discussed the Type 1 Planning Process, whether the exemption undermined the ordinance and undercut
credibility. The consensus was not to make changes to this requirement.
For requirement #7. Provide Exemption for Existing Agricultural Activities, Council directed staffto
make the language more generic and add a statement about all legally existing non-conforming uses being
allowed to continue.
Staff clarified the question under #8. Provide Exemption for Stream Restoration Activities with
Limited Impacts should read "less than 1,000 sq. ft," instead of "greater than." Council expressed
concerns on the exemption being a potential loophole, sequential projects and restricting property owners
from using their riparian areas. Staff will restrict the exemption to single-family properties, research the
loophole and sequential projects issues and report back to Council.
Council and staff addressed #9. Mitigation Requirements and Hardship Variances and decided to
make no changes to this requirement.
Council discussed the pros and cons of changing Type I and II procedures, and the percentage from 50% to
25% under requirement #10. Water Resource Protection Zone Reductions and requested further
information from staff to consider making changes.
Councilor Jackson/Navickas m1s to continue first reading to October 20, 2009 at which time Council
will consider a revised draft of the ordinance. Roll Call Vote: Councilor Jackson, Chapman,
Navickas, Voisin and Lemhouse, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
September 8. 2009
Page 5 af6
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve first reading of an ordinance titled, "An Ordinance
Relating to Exclusions from Park Property and Amending AMC 10.68.350" and schedule the
ordinance for second reading?
City Attorney Richard Appicello eXplained staff had increased the IO-day exclusion to 120 to align with
the Portland ordinance. Police Chief Terry Holderness added the Police Department rarely used the
ordinance and it took a significant event or series of events for someone to be excluded. Mr. Appicello
noted a tier could be established giving criminal violations a longer exclusion and non-criminal violations a
lesser exclusion. Council requested the City Attorney create an exclusion tier for violations as well as a fee
tier. Mr. Appicello read the ordinance title aloud.
Councilor Navickas/Chapman m/s to approve first reading and move to second reading of
ordinance October 6, 2009. Roll Call Vote: Councilor Navickas, Lemhouse, Jackson, Chapman and
Voisin, YES. Motion passed.
2. Would the Council approve first reading of an ordinance to amend Ashland Municipal Code
Chaptcr 2.41, "Voluntary Contribution & Spending Limits for Candidates for City Offices"
and schedule the ordinance for second reading?
City Recorder Barbara Christensen provided the staff report and thanked the citizens who participated in
revising the ordinance. The consensus of the group was to make the ordinance consistent with State '
election law. Pam Vavra, a participant, had proposed a formula based on the number of registered voters
and the first class postage rate. Ms. Christensen noted a change to Section 2.41.050 Expenditure
Limits(B) that referred to subsection A. instead of subsection B. and the addition of the appeals process.
Council and staff discussed the appeals process and having the Council select the Hearings Officer for
appeals.
Steve Hauck/453 Wightman Street/Supported the changes to the ordinance and eXplained the original
ordinance covered contingencies that the State law did not in 1995. Oregon State has since improved State
Election law and it made sense to revise the City ordinance accordingly. The formula presented was more
realistic and modernized the ordinance.
Colin Swales/143 8th Street/Commented previous elections were possibly swayed by the large amount of
campaign funds used. He disagreed with the proposed formula explaining people used TV, the internet
and usually mailed political flyers second-class mail instead of first class. The limit needed to reflect the
overall costs associated to campaign expenditures.
Ms. Christensen explained campaign expenditures were reported online. The Council and Mayor
discussed publishing candidates who did not abide by voluntary expenditures and revising the proposed
formula. Staff was directed to come back to Council with revisions.
City Attorney Richard Appicello read the ordinance title aloud.
Councilor V oisin/Lemhouse m/s to approve first reading and place on the agenda for the second
reading. Roll Call Vote: Councilor Lemhouse, Jackson, Voisin and Navickas, YES; Chapman, NO.
Motion passed 4-1.
ASHLAND CITY COUNCIL MEETING
September 8. 2009
Page 60[6
3. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the
Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions,"
and move the ordinance on to second reading?
City Attorney Richard AppiceIlo read the ordinance title aloud.
Councilor LemhouselNavickas m/s to approve first reading of the ordinance and move to second
reading for the next Council meeting. Roll Call Vote: Councilor Chapman, Navickas, Jackson,
Voisin and Lemhouse, YES. Motion passed.
4. Should the Council approve first reading of an ordinance amending Council Rules Chapter
2.04.090,2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and
move the ordinance on to second reading?
Delayed due to time constraints.
5. Should the Council approve first reading of an ordinance providing for uniform policies and
operating procedures for advisory commissions, committees and boards, adding new AMC
Chapters 2.10, 2.11, 2.15, 2.19 and 2.29 and amending AMC Chapters 2.12, 2.13, 2.17, 2.18,
2.21,2.23,2.24,2.25 and repealing four resolutions, and move the ordinance on to second
reading?
Delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Planning Commission
2. Sister City 40th Anniversary Visit
Delayed due to time constraints.
SUMMARY OF MEETING
Delayed due to time constraints.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
ASHLAND AIRPORT COMMISSION
August 11, 2009
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, LARRY GRAVES,
RUSS SILBIGER, ALAN DEBOER
STAFF: SCOTT FEURY
MEMBERS ABSENT: TREG SCOTT, ALAN BENDER, BOB SKINNER
Visitors: Linda Tripp
1, CALL TO ORDER: 9:30 AM
2, APPROV AL OF MINUTES: July 7 Motion by DeBoer for approval, second by Hendrickson,
unanimous vote, minutes approved as written.
3. Additional Items: (1) Crowman Mill Site, (2) Entrance Road Sign. (3) Hangar Construction
(4) Airport Luxury
4, Public Forum: No Public Comments
5, OLD BUSINESS:
A. AlP Project Engineering Design: Fleury informs Commission that the City of Ashland
did not receive the 100% funding for the current AlP project construction phase, but
will receive the 95% funding, The project construction is scheduled to start in April
and continue for approximately eight weeks. The additional 25'x3600' runway
section that was added in 1983 will need to be completely rebuilt and this will add
additional time into the construction. Fleury also states that he is working with
ReidMiddleton and the FAA about using the Taxi-way as a temporary runway during
the main runway closure. Fleury also states that the P API obstruction survey was
performed and that there are a couple of trees that encroach into the 4 degree
angle that PAPI's will be set at. Fleury to work with Consultant and have tree's
removed to provide a safe landing approach. Fleury is also working with the Street
Department to remove trees that are obstructing the 20-1 approach slope.
B. Rate Policy Development: The City Council approved the Commissions
recommended rate structure and presented by staff at the July 2151 meeting. Fleury
states that he will put the budget on the agenda and include the ODA and SOU
economic impact studies that show monies brought into Ashland via its Regional
Airport. Fleury would also like a member of finance there to answer questions that
arise regarding the operating budget of Ashland Airport.
C. Airport Commission Ordinance: No new updates regarding status of ordinance re-
write by the Legal Department. Once Legal is done writing new ordinance
Commission will receive copy to review.
C:\DOCUME-1\ShipletdlLOCALS-1\TempIXPGrpWiselAugusl 11 2009.doc
D. Hangar Doors: Fleury did research into what other municipalities are doing
regarding hangar door maintenance. They seem to be doing the same as the City
of Ashland when it comes to maintenance. Emails were attached to packet
discussing maintenance. Other jurisdictions currently do what the City of Ashland
does when it comes to hangar door maintenance. No new update on hangar door
pin replacement for the new back of T-hangars.
E. Airport Website: Graves has not arrived yet to give his overview of improvements to
the Airport websiie. Commission would like Graves to put together information
- regarding improvements and email it to Fleury so he can forward to the whole
Commission for review prior to discussion at the next meeting. Commission agrees
there is definite room for improvement from top to bottom of the website.
F. Insurance Requirements: Fleury states that he has the letter and a First Amendment
to the lease for all month to month rental tenants. The letter details the requirement
for a $1,000,000 liability policy and the First Amendment detail is for all tenants to sign
and return to the City accepting the change in terms to the original month to month
lease. Fleury states that through his research that all people with an insurance
document on file with the City currently hold the required $1,000,000 pOlicy.
6. NEW BUSINESS:
A. Goals and Visions Presentation: Silbiger gives the Council Goals and Visions
presentation to the Airport Commission. Survey information was attached to
Commission packet and needs to be filled out by Commissioners and returned to
City Hall when completed. Commission thanks Silbiger for putting on presentation
and will complete survey'as requested. Further discussion will take place at next
meeting.
B. Wash Rack Operation: Fleury goes over wash rack operation and states that he will
have Dale Peters verify its operation. The operation manual was attached as part of
the Commission packet this month. Fleury to also work on getting a diagram
showing operation of diversion basin on site for all to see. Fleury states that someone
dumped a few gallons of oil at that location and the City had to hire a special
cleaning crew to come on site and remove contaminates. This lead to more
investigation of the wash rack basin and its operation. No contaminates made it to
the stream, they were all contained within the basin and on the pavement. The
Commission would like to see the basins at the Airport stenciled with the basic "only
rain in the drain" type stencil so users understand where the water goes.
Commission also interested in policy for all users on what to do with waste, such as
oil. DeBoer states that at Town and Country they accept steel for recycling. More
discussion needed on recycling options.
C. Hangar Construction: DeBoer mentions that he is in the beginning stages for
constructing 4 hangars at the Airport. He would like to occupy one of them and sell
the additional 3. He plans on constructing hangars across from bank of new T-
hangars. The ALP shows this area is available for construction. There will be a
significant amount of earth work to be done on site. DeBoer will keep Commission
abreast of plans for construction.
D. Fire Extinguishers: Fleury goes over email from the fire department regarding the
requirement of fire extinguishers every 75'. Commission interested to know where
they would be placed, inside or outside of Hangars. Fleury thinks the fire
extinguishers should in inside on the closed hangars and placed out the outside
posts for the open T-hangars. All privately owned hangars will have to provide there
own extinguishers and safety inspections on a yearly basis. Fleury to work with
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Facilities Maintenance to generate plan for having fire extinguishers throughout the
Airport. This will be an added cost to the yearly budget.
E. Croman Site Committee: Fleury discusses requirements of building within the Airport
Horizontal and Conical Surfaces. There is a form that individuals can fill out and send
to the FAA when buildings encroach into the imaginary surfaces as defined by FAR
77. The FAA will then make recommendations for mitigation or ask that structure not
be constructed. FAA has no enforcement jurisdictions on the matter, they relay on
the local planning board to follow recommendations. Currently the ground on the
Crowman Site encroaches into the horizontal surface and local planning code
states that the maximum building height for that location is 40'. The Commission
would like planning to follow any recommended site mitigation if tall structures are
erected. Commission would also like Public Works to stay on top of issues as the
Croman Site Master Plan continues along.
F. Airport Luxury: Commission discusses statement that some people perceive the
Airport as a luxury for affluent people within the Ashland area. Commission to work
on informing residents and the Council of the benefits of having a Regional Airport.
The Oregon Department of Aviation defines Ashland Airport as a Regional one
because it helps serve the region of Southern Oregon and beyond, not just local
pilots in Ashland. Fleury to work on the economic benefit aspect of the Airport
locally and bring that to the Commission to discuss and then prepare a document
for Council to review stating the benefits of having a strong regional Airport.
G. Entrance Road Sign: Liz Tripp asks about entrance road sign and ability to put JLC
Avionics on it. Commission agrees that all business on site should be listed on sign.
Commission thinks that JLC should fabricate a sign and work with Skinner for
installation.
7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport. Financial Report, Review of Safety Reports: Commission asks
Fleury to email Skinner regarding helicopter in open T-hangar row to discuss the
safety concern of the tail boom sticking out from underneath. Commission also
asks Fleury to email Skinner and ask for update on why one hangar was left un-
rented for 1 month,
B. Maintenance Updates - Fleury states that the concrete and door rail system for
the second enclosed t-hangar has been replaced. Hendrickson asks about
installation of a speed bump near stop sign at entrance to taxi-way. Fleury to
discuss with the Street Department about installation.
8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
9. NEXT MEETING DATE: September 1, 9:30 AM
ADJOURN: Meeting adjourned at 11: 16
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3
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
JULY 28, 2009
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Planning Commissioners Present:
Larry Blake
Michael Dawkins
Tom Dimitre
David Dollerrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr,
Staff Present:
Maria Harris, Planning Manager
Brandon Goldman, Senior Planner
April Lucas, Administrative Assistant
Absent Members:
None
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Commissioner Marsh announced John Rinaldi, Jr. was appointed to the Planning Commission and welcomed him to his first
meeting.
Planning Manager Maria Harris provided a brief update on the status of the SOU Campus Master Plan. She stated following
the public hearing held at the last meeting, the University has decided to postpone this action in order to conduct further
outreach with the community. Commissioner Blake noted a neighborhood meeting has been scheduled for October and the
Master Plan Update will likely return to the Planning Commission later this fall.
Ms. Harris announced due to the changes in the City Council's meeting schedule, the Planning Commission will meet on
September 15 and September 29.
PRESENTATIONS
A. 2007 Commuter Rail Study and Update on Upcoming North-South Travel Demand Study
Ms. Harris introduced Vicki Guarino with the Rogue Valley Council of Governments (RVCOG). She briefly commented on the
location reserved in the Croman Master Plan for a commuter rail platform and explained RVCOG completed a rail study in
2007. She stated Ms. Guarino is here to provide information on that study and to provide follow up on what has occurred since
then.
Ms. Guarino provided a presentation to the Commission that addressed the Rogue Valley Metropolitan Planning Organization
(RVMPO), the 2007 RVMPO Commuter Rail Study, and the RVMPO North-South Travel Study.
1) Roque Valley Metropolitan Planninq Orqanization (RVMPOl. Ms, Guarino provided some background on the RVMPO
as explained they are responsible for regional transportation planning as directed by Congress. She reviewed how
the RVMPO was established and the jurisdictions that are included. She clarified federal legislation and regulation
define the RVMPO's role, and they are responsible for maintaining certain documents, including the Unified Planning
Work Program, the Regional Transportation Plan, and the Transportation Improvement Program.
Planning Commission Study Session
July 28, 2009
Page 1016
2) Reqional TranspOrtation Plan (RTP). Ms. Guarino stated the RTP was recently updated and forecasts to the year
2034. She stated the RTP identifies $305 million in transportation funds and identifies the projects to be completed.
She indicated that based on the information they have about transportation projects and forecasts for population and
employment growth, the RTP also forecasts system performance and demonstrates conformity with the air quality
regulations.
3) Transportation Improvement Proqram (TIP). Ms, Guarino stated the TIP is the short range catalogue of projects that
are happening now. She stated the TIP identifies the funding for these projects and outlines the completion
schedules. She noted this document is updated by the RVMPO every 4 years and the projects listed in this document
must be fully funded,
4) RVMPO Orqanization. Ms. Guarino explained each jurisdiction is represented on the RVMPO's Policy Committee
and the City of Ashland's representative is Councilor Chapman. She noted staff members from each jurisdiction are
also represented on the RVMPO Technical Advisory Committee. She commented on how projects get into the
RVMPO arena and explained it all starts with communities identifying local needs in their Transportation System
Plans (TSPs). Regional projects identified in the TSPs are then forwarded to the RVMPO and once funding is
received and the project is approved, it moves forward,
5) Roque Valley Commuter Rail Proiect. Ms. Guarino stated this study was published in 2007 and evaluates the
possibility of a commuter rail system from Ashland to Central Point (16 miles) and possibly extending to Grants Pass.
She stated the study analyzed two different scenarios; 60 minute service intervals and 30 minute service intervals, It
was determined a 30 minute interval would need to be the minimum, and would require 4 sets of trains with 180
seats per train. Ms. Guarino stated the costs would run approximately $10 million per rail car; however, there is a
wide discrepancy to these costs. She noted track upgrades would be needed, plus the additional costs for parking,
platforms, and maintenance, She stated the study identified a total capital cost of approximately $26 million, and
annual operating costs of $3 million. Ms. Guarino commented on the potential benefits of a commuter rail system,
and stated the next steps include researching alternative rail cars that might be less costly, tracking the changes in
rail ownership, identifying and exploring alternatives, and quantifying future demand.
6) North-South Travel Demand Study. Ms. Guarino explained a key piece in determining the feasibility of a commuter
rail is identifying future demand. She stated a North-South Travel Demand Study is being developed and is
scheduled for completion this fiscal year. She stated the study will include the Croman property south of Ashland and
will extend to the Seven Oaks interchange to the north. Ms. Guarino stated the study will evaluate future growth
(residential dwelling units and employment opportunities) within Y. mile of the railroad track and Hwy 99, and
explained the purpose of the study is as follows:
. To develop a long-term multi modal concept plan for the Hwy 99 corridor area as an alternative to 1-5 north-
south travel.
. The study will focus on the role land use and multi modal transportation can play to improve peak-hour
travel.
. The plan will include strategies that reduce vehicular traffic congestions, greenhouse gases, and support
economic development along the north-south corridor and beyond the study area.
. A major focus of the study will be to determine the appropriate population density and land use patterns
necessary to support transit alternatives such as enhanced commuter transit, bus rapid transit, and
commuter rail.
. The study will identify transportation options and strategies to reduce vehicle trips and improvements
needed to improve bicycle and pedestrian connectivity.
. The project will use and build on preliminary work by the RVMPO on the feasibility of commuter rail on
existing rail paralleling Hwy 99 through the study area.
Ms. Guarino concluded her presentation and explained while the commuter rail system is a hugely popular concept with
people, currently the region falls short in terms of density. She stated if communities want to see this happen in the future,
they will need to meet certain density and employee numbers within that Y. mile radius of the rail line and Hwy 99. She
Planning Commission Study Session
July 28, 2009
Page 20f6
noted the RVMPO is currently working on identifying what the various comprehensive plans outline for developing these
corridors, but until the region meets the necessary figures, they can only talk about this concept.
The commissioners shared their input and questions regarding the commuter rail concept and the North-South Travel Demand
study,
Commissioner Dawkins noted he worked on a Transportation Committee in Colorado and suggested the RVMPO research
other communities who have tried to do a commuter rail.
Commissioner Miller questioned where the money to pay the operating expenses would come from and asked how much
public outreach has been done. Ms. Guarino noted the neighborhood meetings and open house sessions that were held, but
had no answer as to where the operational funds would come from. She noted with the new Obama administration, there may
be new funding opportunities that become available.
Ms. Guarino clarified it is possible for a commuter rail system and a freight line to utilize the same tracks. She also clarified the
rail cars they looked at would be able to move either forward or reverse and no turn-a-rounds would not be needed (however
the study did identify several locations were bypasses would be needed),
When asked whether the RVMPO is coordinating with other MPO's in the state, Ms, Guarino answered No, since our valley is
mostly self contained, She added the MPO's in the northern part of the state are working hard to become a high speed rail
corridor and are working with other jurisdictions to the north.
Ms. Guarino clarified Planning Manager Maria Harris is a member of RVMPO and will receive up to date information as this
study moves through the process. She also noted information will be posted on their website at www,rvmpo.orq.
Commissioner Marsh noted the City's commitment to multi modal transportation and asked that the Planning Commission be
kept informed by staff and our Council representative,
B. City Council Goals, Values and Vision
Commissioner Marsh briefiy reviewed the four goals the Planning Commission had provided to the Council and stated she is
interested to see if and how these were incorporated. Marsh summarized the four goals provided to the Council: 1) Strategic
vision and visioning, and the Commission's offer to be involved in the City Council's process; 2) Transportation planning,
incorporating a planning vision, and active participation in the transportation planning process; 3) Continue with the Croman
planning process and incorporate such issues as solar orientation and water infiltration design standards; 4) Look at
sustainability and research what other public entities have done.
Council Liaison Eric Navickas presented the Council Goals, Values, and Vision presentation. He noted feedback sheets were
included in the commissioner's meeting packets and asked that they complete these and return to staff by the deadline
indicated.
Councilor Navickas noted the primary theme of the goals is sustainability and stated the goals are separated into six
categories: Economy, Environment, Social Equity, Municipal Organization, Public Facilities, and Partnerships. The goals
presented to the Commission are as follows:
Economv Goals:
1) Develop and implement a comprehensive economic development strategy.
2) Complete the Croman Mill Master Plan and develop an implementation strategy for funding and infrastructure.
3) Increase the clarity, responsiveness, and certainty of the development process.
Environment Goals:
1) Develop an integrated land use and transportation plan to increase the viability of transit, bicycles, walking, and other
alternative modes of transportation.
2) Adopt an integrated Water Master Plan that addresses long-term water supply.
Planning Comrniss;on Study Session
July 28, 2009
Page 3 of 6
3) Implement specific capital projects and operation programs to ensure City facilities and operations are a model of
efficient use of water, energy, land, and other key resources.
4) Adopt land use codes, building codes, and fee structures that create strong incentives for new development that is
energy, water, and land efficient. and supports a multimodaltransportation system,
5) Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands,
Social Equity Goals:
1) Complete the development of affordable housing on the Clay Street property.
2) Conduct a comprehensive study of Ashland's homeless.
Orqanization Goals:
1) Develop a plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams for the City
Parks & Recreation.
2) Address the issues regarding the stability of the organization.
Public Facilities Goals:
1) Develop a plan to replace Fire Station #2.
2) Refine a long term strategy for the Ashland Fiber Network that improves its financial viability, provides high quality
services to residents, and promotes healthy economic development.
Partnership Goals:
1) Foster strong collaboration of the local community, City, State, and Federal leaders in efforts to improve the health of
the Ashland watershed through reducing fire hazards and restoring forest health.
2) Restore rail service to and through Ashland.
Councilor Navickas next addressed the proposed Council Values. The key elements of the values were identified as the
following: 1) good government, 2) natural environment, 3) responsible land use, 4) free expression, 5) diversity, 6) economy,
7) independence, 8) personal well being, and 9) sense of community, Navickas asked the commissioners to respond on their
feedback sheets as to which values should be added or changed. He also welcomed their feedback on any portion of the
presentation given so far.
Commissioner Blake noted the Economy Goal that states "Increase the clarity, responsiveness, and certainty of the
development process" and questioned how property development fits into this. Navickas stated his interest is in doing more
outreach to the development community to ensure they are educated on what our code requirements are; however there may
be conflicting opinions on how to address this goal from the rest of the Council.
Commissioner Marsh questioned what happens after the Council adopts these goals. Navickas clarified in the past, the
Council has held Study Sessions and undertaken further discussions in order to reach an agreement on how to actually
implement the goals.
Commissioner Blake commented on the goal that states "Adopt land use codes, building codes, and fee structures that create
strong incentives for new development that is energy, water, and land efficient, and supports a multimodaltransportation
system" and asked what kind of incentives the Council has envisioned. Navickas stated his personal opinion is to be more
conservative when it comes to giving incentives that loosen regulations, but he does support density bonus incentives in
certain situations,
Commissioner Mindlin stated she was looking for the sustain ability element in the values statement and found it hard to find.
She commented that there should be a way for the Council to articulate their sustainability values and define what it really
means to conserve resources for future generations. Mindlin voiced disappointment that rainwater infiltration was not listed as
a goal and requested the City adopt a prescriptive path for rainwater infiltration so anyone can do this. She also commented
on incentives versus requirements and asked if the City could require people to do the things they find valuable. Planning
Manager Maria Harris provided some clarification and stated there are potential legal problems with requiring people to go
above and beyond what is required by the State Building Code,
Planning Commission Study Session
July 28, 2009
Page 4 0/6
In regards to the Economy Goals, Miller recommended the Council work with SOU to determine who the underemployed in
the community really are,
Commissioner Dimitre voiced disappointment with the level of sustainability in the goals and stated he does not feel
sustainability has been adequately addressed. He added the legislature may be a road block now, but it might not be a year or
two from now and suggested they could solicit their local representatives serving in the legislature.
Commissioner Morris questioned why there is no Economy Goal about keeping families in Ashland and drawing back kids
who leave for college. Marsh added there should also be a value that addresses the role of children and families in our
community.
Councilor Navickas resumed his presentation and read aloud the Draft Vision statement. He asked if the commissioners had
any final comments regarding the information presented, Marsh commented on the "lack of people" from the vision statement
and stated there is nothing that says Ashland addresses the needs of vulnerable residents, families, children, and senior
citizens. Dawkins commented on the loss of community, voiced his frustrations with the Croman plan, and stated the draft plan
takes energy and focus away from the downtown core. Mindlin stated the vision statement is very pretty and safe and
recommended the Council get serious about what the future is really going to look like and what they need to do to prepare.
Commissioner Marsh requested Councilor Navickas keep them up to date as this item moves forward.
DISCUSSION ITEMS
A. Croman Mill Site Redevelopment Plan
Senior Planner Brandon Goldman and Planning Manager Maria Harris addressed the Commission. Ms. Harris presented an
update on the first Croman Advisory Committee meeting and explained staff presented the latest refinements to the Croman
plan and received input lrom the group. She stated questions came up about the parking garage and suggestions were made
to keep the location flexible, as well as possibly put the structure partially below grade. She stated the area between Mistletoe
Rd. and Hamilton Creek also came up and whether this area could be open space. Councilor Navickas shared his perspective
of the meeting and noted that Alan DeBoer, who attended as the Airport Commission representative, had advocated for larger
parcels with minimal oversight. It was noted that Commissioner Blake also attended the meeting and he commented on the
interest expressed regarding extending the industrial area along the rail way,
Staff presented a brief presentation that reviewed the timeline, draft AMC 18.53 Croman Mill zoning district, and proposed
land use table. Senior Planner Brandon Goldman commented on the maps that were included in the packet materials and
noted the differences from the previous draft. He explained on the Land Use Designations map, the light industrial area is now
on both sides of the main boulevard, and the roads were shifted slightly to create even block lengths. Mr. Goldman reviewed
the Pedestrian and Bicycle Framework map and the Transit Framework map as well. He noted the rail connectivity through the
site and the inclusion of a placeholder for a future rail spur. He also noted the potential bus stops on the maps, and the
proposed location for a rapid transit system should it ever manifest. Ms, Harris briefly reviewed the outline of the Development
and Performance Standards and asked if they had any questions or comments on what has been presented.
Commissioner Marsh asked if the Commission wanted to make changes to the land use map, when would that happen. Ms.
Harris answered if the change is significant, staff would likely have to take it back to the City Council and get direction. Marsh
questioned if extending the industrial area to the north would be considered a major change, Ms. Harris explained the property
owners have been clear that they have an entity interested in a specific location on the Croman site and this type of change
would impact that. She added this entity (Plexis) would prefer similar buildings and uses surrounding the location they have
chosen. Ms. Harris noted Mike Montero, who is the representative for the Croman property owners, is here tonight and he may
want to speak to this.
Mike Montero came forward and stated the Croman property owners are his clients. He explained the Plexis group has
expressed interested in four parcels at the northwest end of the property. He stated their concern is that they want assurance
that what will be constructed adjacent to them will be compatible. Mr. Montero stated his clients support this conceptual
master plan and they are sensitive to the Commission's concems about preserving the character of the community while
Planning Commission Study Session
July 28, 2009
Page 5of6
providing for new and sustainable employment. He stated they are quite pleased with what the City has come up with to this
point and believes this plan will provide opportunities for local firms to grow and expand.
Commissioner Oimitre lelf the meeting at 9:30 p,m.
Commissioner Rinaldi asked about the residential component and asked where these workers will iive. Staff noted the mixed
use and neighborhood commercial areas identified on the land use map. The Clay Street housing project was also noted and
Senior Planner Brandon Goldman commented on the remaining undeveloped housing areas within the Urban Growth
Boundary and stated there is a significant supply of single family land available.
Mr. Montero was asked how the property owners feel about giving up developable lands for the park and parking structure.
Mr. Montero stated for property developers, one of the ways they recognize their value is the rate at which the property
absorbs. He stated constructing urban amenities into employment complexes helps this to occur and accelerates the
absorption of the project.
Mr. Montero was asked how Plexis would feel about changing the two office employment blocks to the south of the park to
industrial land. He stated he cannot answer for Plexis, but through the discussions they have had he believes Plexis' concem
is not as much of a specific use being adjacent, but rather visual continuation and compatible design standards. He indicated
even if the adjacent uses are similar, Plexis would want to ensure the architectural standards are compatible as well. He
added he would be happy to forward this question to Plexis, Commission Dotterrer noted this type of change could be made
later through the major amendment process, Ms. Harris agreed, but noted this type of change deviates from the guiding
principles of the plan in regards to splitting the acreage evenly between the two types of uses.
Commissioner Mindlin commented briefly on the meeting she and Commissioner Marsh had with Mr. Molnar in regards to how
sustainability could be incorporated into the Croman Master Plan. She noted City staff is looking at the LEED Neighborhood
Program and possibly incorporating these elements into the Croman plan. She stated would like to see a more detailed
explanation of what the LEED Neighborhood Program is and how we are working with it. In particular, she is interested in
incorporating solar orientation and green streets standards.
Commissioner Marsh requested staff continue this discussion to the next reasonable agenda.
ADJOURNMENT
Meeting adjourned at 9:55 p.m,
Respectfully submiffed,
April Lucas, Administrative Assistant
Planning Commission Study Session
July 28, 2009
Page 60f6
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
AUGUST 11, 2009
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Staff Present:
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Absent Members:
Tom Dimitre
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Commissioner Marsh stated she would like the Commission to discuss their annual retreat following the public hearing.
Community Development Director Bill Molnar requested they also add the selection of Hearings Board members to the
agenda.
CONSENT AGENDA
A. Approval of Minutes
1. July 14, 2009 Hearings Board Minutes
2. July 14, 2009 Planning Commission Minutes
Commissioners Mindlin/Blake m/s to approve the July 14, 2009 Hearings Board minutes. Voice Vote: Commissioners
Blake, Dawkins and Mindlin, YES. Motion passed 3-0.
Commissioners Dotterrer/Miller m/s to approve the July 14, 2009 Planning Commission minutes. Voice Vote: All
AYES [Commissioner Rinaldi abstained]. Motion passed 7-0.
PUBLIC FORUM
No one came forward to speak,
UNFINISHED BUSINESS
A. Approval of Findings for 155-157 Sixth Street, PA #2009-00662.
Commissioners Blake/Mindlin mls to approve the Findings for Planning Action #2009-00662. Voice Vote:
Commissioners Blake, Dawkins and Mindlin, YES. Motion passed 3-0.
B. Approval of Findings for 426 A Street, PA #2009.00551.
Commissioners Dotterrer/Miller mls to approve the Findings for Planning Action #2009-00551. Voice Vote: All AYES
[Commissioner Rinaldi abstained]. Motion passed 7-0.
Ash/and Planning Commission
August 11, 2009
Page 1 of 5
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2009-00817
APPLICANT: Southern Oregon University
DESCRIPTION: A request for adoption of the Southern Oregon University Campus Master Plan 2010-2020 as
part of the City's Comprehensive Plan. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University;
ZONING: 5-0.
It was noted the Applicant has requested this hearing be postponed to a future date.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2009-00873
SUBJECT PROPERTY: 1860 Ashland Street
APPLICANT: PSE Architects, Agents for the City of Ashland
DESCRIPTION: A request for Site Review approval to construct a 10,Q76 square foot two-story fire station
building to replace the existing Fire Station #2 located at 1860 Ashland Street. Also included are requests for a
Variance to the front yard setback along Ashland Street, an Exception to Street Standards, and a Tree Removal
Permit to remove one tree, a 12-inch diameter blue spruce. COMPREHENSIVE PLAN DESIGNATION: Low
Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391E 15 AA; TAX LOT: 6200
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Declaration of Ex Parte Contact .
All of the commissioners declared site visits; no ex parte contact was reported.
Staff Report
Associate Planner Derek Severson presented the staff report on the planning application. He explained this application
involves site review approval, a conditional use permit to modify the existing non-conforming use, a variance request to the
front yard setback along Ashland Street, an exception to the Street Standards, and a tree removal permit to remove a Blue
Spruce that is 12-inches in diameter.
Mr. Severson reviewed the site and surrounding neighborhood, including the adjacent Sherwood Parle He stated with the
proposed application the current Fire Station building will be demolished and replaced with a 2-story, 10,076 sq. ft. building.
He noted the existing 4.5 ft. sidewalks will be replaced with 7-8 ft. parkrows, 6 ft. sidewalks, and an additional hardscape
courtyard area that will include a placeholder for public art installation. Mr. Severson noted the application includes a single
driveway for the Fire Station that will access all three emergency vehicle parking bays. He briefly reviewed the planting plan
and clarified the single Blue Spruce is proposed for removal due to vision clearance concerns and for sidewalk installation. He
reviewed the existing Fire Station building and noted while the building itself has a 2,800 sq. ft. footprint, the entire the lot is
being utilized by the Fire Department, including training apparatus on the lawn area and a large canopy next to the building
that accommodates vehicles,
Mr. Severson explained this action requires a conditional use permit because while the purpose and intent of the R-2 zoning
district is to accommodate residential uses and pertinent community services, public buildings are not listed as a permitted or
conditional use. He stated even though the Fire Station use has been in place since 1965 and it is a legal non-conforming use,
because the structure is being expanded it needs to meet the requirements of a conditional use permit. Mr. Severson stated
although the building is proposed to be changed, the number of firefighters is not changing, the number of vehicles is not
changing, and the area dedicated to fire use is roughly the same.
Mr. Severson stated the variance component of the application is a setback variance for the front yard setback along Ashland
Street. He stated in a typical R-2 zone (outside a Historic District) there is a 15 ft. front yard setback, but because this building
is located on an arterial street, the setback requirement is 65 ft. from the centerline of the Ashland Street right of way. This
measurement would come to 25 ft. back from the property line. As proposed, the front of the building is approximately 15 ft.
from the property line. The justification for this in the application is that there is currently a very distinct separation between the
park and the Fire Station use, including well established trees on the park side, and in order to not disturb the park and the
trees the Applicant is requesting the building be moved a little closer to the street.
Ashland Planning Commission
August 11, 2009
Page 2 of 5
Mr, Severson stated this is an ideal location for a Fire Station and the location insures adequate response time to locations
within the City. He stated staff is recommending approval of the application and believe this will be a significant improvement
from the existing building and will also provide a significant improvement to the streetscape.
Questions of Staff
Mr, Severson clarified adjusting the location of the sidewalk would not save the Bruce Spruce because there is also a vision
clearance issue.
Mr. Molnar commented on the reasoning behind the 65 ft. setback for Ashland Street. He explained this standard was
established with the anticipation of possibly adding a third lane in the future. He stated the traffic volumes on Ashland Street
may never justify adding the third lane. Additionally, the thinking has changed since then and there could be some justification
for looking at a "road diet" for Ashland St.
Mr. Molnar commented briefly on 90 degree parking. He explained this is not prohibited and is evaluated on a case by case
basis.
Applicant's Presentation
Michael Fisk, PSE Architects, Hans Ettlin, PSE Architects and Ashland Fire Chief John Karns addressed the
Commission. Mr. Fisk thanked Mr. Severson lor his thorough presentation and commented on the styling of the building. He
stated it is a civic style building similar to the style of the other fire station and noted the incorporation of public spaces and
their desire to create an environment that encourages people to use the space. He stated public art can be placed in the plaza
area at the corner of Sherwood and Ashland and there is a lot of opportunity for seating and plants,
Mr. Fisk clarified the building will be LEED Certified Gold, and they will either be reusing the materials from the existing
building or taking them to an appropriate recycling facility.
Commissioner Marsh asked if any of the head-in parking would be signed for Fire Station use, or if it will be made available for
the public to use. Fire Chief Karns explained the Fire Station will need a certain number of spaces for the staff that is on duty
(typically 2-4 workers per shift). Mr, Severson clarified there are 13 total spaces proposed which can accommodate the Fire
Station employees and the general public. Mr. Fisk noted bicycle parking will also be provided.
Public Testimonv
Letter from Philip Lang1758 B Street was read into the record by Commissioner Marsh. Mr. Lang's letter voiced his
opposition to the Fire Station proposal. He stated the citizens of Ashland previously voted down a proposal to spend money
on the replacement of this station, and any stimulus money the City might receive should go towards other projects, such as
affordable housing,
Rebuttal bv the Applicant
Mr. Ettlin stated the existing Fire Station is not seismically sound, does not meet current codes, and does have enough space
to adequately house the apparatus and equipment for the firefighters. He stated the replacement station will adequately house
all of the apparatus on site that is currently stored in tents and will provide a safe environment for the firefighters. He stated it
is essential for the City to have services that will be there when an emergency strikes and this Fire Station will provide that.
Commissioner Dawkins requested clarification on the Tree Commission's recommendation for smaller stature trees along the
Ashland Street frontage. Mr. Karns stated the Tree Commission's recommendation was based on their desire to provide
adequate vision clearance for the emergency vehicles. He added he does not share the Commission's concern. Dawkins
disagreed with the recommendation and stated smaller stature trees can often create more of a sight hazard and might not be
the best choice in terms of scale for Ashland Street. Mr. Severson noted the Tree Commission also had concerns with the
overhead power lines.
The project's landscape architect Laurie Sager came forward and explained she had spoken with the Parks Department when
selecting the particular Oaks that the application proposes for Ashland Street. She stated they talked at length about vision
clearance and the overhead power lines and decided on the Oaks because they can be pruned around the power lines or to
Ashland Planning Commission
August 11, 2009
Page 3 of 5
provide vision clearance and their stature is more in scale with a large boulevard. Mr. Severson noted Ms. Sager was not
present at the Tree Commission meeting to let them know she had this discussion with the Parks staff,
Commissioner Marsh closed the record and the public hearing at 7:50 p.rn.
Deliberations & Decision
Commissioners DawkinslDolterrer m/s to approve Planning Action #2009-00873 with the disregard of Tree
Commission Recommendation #2 regarding installation of smaller stature street trees along the Ashland Street
frontage. DISCUSSION: Biake questioned the long tenn vision for Ashland Street and asked if it is a more urbanized
appearance with zero lot lines. Dawkins commented on the need to revisit the setback issue on Ashland Street and stated he
see Ashland Street as being different from North Main. Dotterrer agreed, but stated that is not part of this application, Mindlin
disagreed and stated it is part of the application since they are being asked to approve a variance, She stated she
understands the restraints with this particular application, but it does not set a good example when the City does not follow its
own regulations. Marsh agreed that the setback along Ashland Street should be added to their long list of items that need to
be looked at and stated they need to take a wide look at what they want to accomplish with Ashland Street. Roll Call Vote:
Commissioners Morris, Marsh, Dolterrer, Rinaldi, Dawkins, Miller and Blake, YES. Commissioner Mindlin, NO. Motion
passed 7-1.
Adoption of FindinQs for 1860 Ashland Street. PA #2009-00873
Commissioners Dolterrer/Rinaldi mls to adopt the Findings presented by staff with the modification of Condition #4
to remove Tree Commission Recommendation #2. Roll Call Vote: Commissioners Miller, Rinaldi, Blake, Morris,
Marsh, Dolterrer, Dawkins and Mindlin, YES. Motion passed 8-0.
OTHER BUSINESS
A. Hearings Board Assignments
A sign-up sheet was passed around the group. Commissioner Marsh explained she would like to eliminate the possibility that
people may think Hearings Board members are picked arbitrarily. She stated the Hearings Board is intended to have rolling
representation and having the members sign up in advance will protect them from any wrong perceptions.
II was detennined members would sign up for a 4-month period ending in December and the Commission would select the
2010 Hearings Board members in January, Commissioner Dawkins, Blake, and Miller signed up to serve through the
remainder of 2009.
B. Annual Retreat
Commissioner Marsh requested they discuss possible dates for their annual retreat and also hear suggestions for agenda
items. Mr. Molnar stated anyone of the last three weekends in October would work for staff and asked that they check their
calendars,
The Commission briefly discussed their schedules and Saturday, October 31st was tentatively selected. Staff was asked to
email the members for confinnation of their availability of this date.
In regards to possible agenda items, Dawkins suggested they discuss parking in the Railroad District and the Ashland St.
setback issue. Dotterrer suggested staff go back and look at previous decisions that were difficult for the group to make and
revisit those structures to see how they tumed out. Staff stated they would do some brainstonning on this, but if the
commissioners have specific examples that come to mind to email those to staff. Dawkins suggested they visit the Montessori
School. Mindlin stated she would like to discuss how the Council responded to their goals and talk further about their
sustainability goal. Councilor Navickas suggested the Planning Commission and City Council may want to hold a joint meeting
on how the two groups can work better together on meeting these goals, The Commission invited Councilor Navickas to
attend the retreat.
Ashland Planning Commission
A'ugusl 11, 2009
Page 4 of 5
ADJOURNMENT
Meeting adjoumed at 8:15 p,m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Planning Commission
August 11, 2009
Page 5 of 5
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
AUGUST 25, 2009
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Planning Commissioners Present:
Larry Blake
Michael Dawkins
David Dotterrer
Pam Marsh
Debbie Miller
Mike Morris
John Rinaldi, Jr,
Staff Present:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
Brandon Goldman, Senior Planner
April Lucas, Administrative Assistant
Absent Members:
Tom Dimitre
Melanie Mindlin
Council Liaison:
Eric Navickas
JOINT DISCUSSION WITH ASHLAND TRANSPORTATION COMMISSION
A. Commissioner Roles related to the Transportation System Plan.
Transportation Commissioners Present:
Thomas Burnham
Julia Sommer
Colin Swales
Matt Warshawsky
Public Works Staff Present:
Mike Faught, Public Works Director
Absent Members:
John Gaffey
Eric Heesacker
Brent Thompson
David Young
Council Liaison:
David Chapman
Following brief introductions by the Planning and Transportation commissioners, Marsh explained the two commissions would
be working together on the upcoming Transportation System Plan (TSP) update and the purpose of this joint meeting is to
receive input on where they are at in the process and to talk about how the two commissions will work together.
Public Works Director Mike Faught provided an update on the TSP process. He explained the City has been awarded a
$150,000 grant (which is less than the $350,000 applied for) to update the City's Transportation System Plan. He stated the
next step is for the City to finalize the Request for Proposals (RFP) with the State, and then the State will issue the RFP and
provide the City with a list of consultants to choose from. He stated this is a TGM or Transportation Growth Management grant
and the project will span the next two years, Mr, Faught stated the Transportation Commission will be the primary commission
to process the TSP update; however, staff has proposed 8 joint meetings with the Transportation Commission, the Planning
Commission and the project consultant. Mr. Faught clarified that while the City only received a portion of the grant amount
requested, this project is a priority for the City and was funded 100% in the current year's budget. He stated the remaining
$200,000 needed to complete the project will be paid for through the City's Transportation SDCs.
Planning Commission Study Session
August 25. 2009
Page 10'5
Mr. Faught reviewed the following elements of the draft RFP and received input from the commissioners:
. Pedestrian Node Alternatives Analysis
Mr. Faught noted this element was originally prepared as a separate TGM grant proposal by the Planning Staff and was
later incorporated into the current grant request. Planning Manager Maria Harris stated the three nodes identified for
analysis are: 1) Bridge St. and Siskiyou Blvd., 2) Walker Ave, and Ashland St., and 3) East Main and North Mountain Ave,
She explained that in Ashland, the historic sections of the streets tend to be more multimodal and pedestrian oriented,
and these three intersections represent where these "complete streets" meet the more auto-oriented streets. She stated
the idea is to look at these locations and determine how to make them more pedestrian oriented as a way to set the tone
for the rest of the development in the area. She added all three of these intersections were identified because of the large
amount of redevelopment potential in the surrounding areas.
Commissioner Marsh requested the Tolman Creek/Ashland Ave. intersection also be addressed in terms of pedestrian
access and movement.
. Access Management and Spacing
Mr. Faught explained the focus on access management will apply primarily to the arterials and arterial collectors, but they
will also evaluate the entire City. When asked whether this item would just address the access management of vehicles,
Mr. Faught commented that driveways on collector streets create issues for all modes of transportation. He cited the
issues on North Main St. and stated the numerous driveways create hazards for vehicles, pedestrians, and bicyclists; and
stated he would like to minimize the number of these access points.
Commissioner Sommer noted the intersection of N. Main/Hersey/Wimer is one of the City's worst intersections for
accidents.
Councilor Chapman arrived at 7:30 p.m.
. Parking Plan
Mr. Faught stated this element will focus primarily on the downtown area and the results will be incorporated into the
larger parking plan, which is a separate project.
Commissioner Sommer suggested this element be done towards the end of the update process so that it can incorporate
any transportation ideas that come up (mass transit, street cars, etc). She added if the other elements move forward,
parking may become less of an issue.
Commissioner Dollerrer noted the issues the Planning Commission has had with parking in the Railroad District and
asked that this area be included in the analysis.
Commissioner Swales questioned why the Park and Ride is not mentioned in the draft RFP, He also cited previous
studies that addressed downtown parking that were never adopted by the City. Mr, Faught clarified these documents are
referenced in the RFP and the consultants will be required to pull that information together,
. Passenger Rail System
Mr. Faught stated the City has a rail line that is not currently in use and the idea is to evaluate whether a passenger rail
system is a possibility.
Commissioner Bumham asked the consultant to determine whether this is a viable option for a community of our size. He
added he does not support the consultant spending time on this item if it is not viable, Sommer stated this element, as
well as the freight element, are regional issues and it would be a waste of the consultant's time to look into this if the
scope is limited to Ashland. Mr. Faught clarified the City's TSP will have to fit in with the regional plan, and if the City truly
wants to be multimodalthey need to evaluate all modes of transportation. Swales commented that researching these
items provides the possibility for them in the future, and urged the commissioners to not foreclose on these options now.
Planning Commission Study Session
AlIgusl 25, 2009
Page 2 of 5
Dotterrer agreed and stated even if the consultant determines these are not viable, the study will tell them what needs to
happen for them to become viable, He added this is good information to have, Community Development Director Bill
Molnar commented that as land use planners, they have the opportunity to create placeholders for these types of
systems, even if they don't occur until well into the future,
. Bike Routes/Boulevards
Mr, Faught stated they want the consultant to look system wide and would like to see a comprehensive bike system for
Ashland.
Commissioner Burnham noted the need to provide bicycle access to important places within the City.
Commissioner Sommer questioned if this plan would include ODOT territory (North Main Street and Siskiyou). Mr, Faught
clarified that it would, and stated the City will need to partner with ODOT and share the input that is gathered,
Commissioner Dawkins questioned whether skateboards are allowed on bikepaths, Warshawsky stated skateboarders
are allowed on the bikepaths if they are wearing helmets, but they do not have to wear helmets if they are on the
sidewalk. Councilor Chapman stated the bigger problem is downtown because skateboarders are not allowed anywhere.
Warshawsky added they are also not allowed on streets with speed limits over 25 mph. Dawkins stated it is
counterproductive for the City to have laws that discourage skateboarders from using the bikepaths, Mr, Faught stated the
City will ask the consultant to read through the Municipal Code and look for these types of conflicts.
. Multi.Use Trails
Mr. Faught clarified this item will evaluate multi-use trails for the entire City, not just Parks property. He added he believes
this plan should include the Parks Trail Master Plan, Mr. Molnar voiced his support for incorporating the Parks Trail
Master Plan. Councilor Chapman noted they may need to address equestrian if they incorporate the Parks Trail plan
because it allows for this.
Commissioner Marsh noted the importance of having connections through developments to the existing paths for
pedestrians and bicyclists.
. Green Street Standard Specifications
Mr. Faught stated this is an important component of the TSP and explained this is a storm water design that treats the
water through the use of bioswales. Mr. Molnar noted the housing project on Clay Street that incorporates a bioswale and
voiced his support for the City to have a standard that can be applied to developments,
. Freight
Commissioner Bumham questioned how involved they want to get into freight rail if there is no benefit to the City.
Warshawsky commented that Ashland has an obligation to their neighbors to not block this off. Council Chapman added
the freight study will not just evaluate trains.
. Safe Routes to Schools
Commissioner Bumham suggested the consultant meet with RVTD on this element, since they are already working on
this. Sommer commented that if they accomplish some of the other elements already mentioned this will create safer
routes to schools.
. Capital Improvement Project List
Mr. Faught clarified the final product will include a capital improvement project list with all the costs identified and
separated out.
. Shared Roads
Commissioner Swales shared his experience with shared roads in the UK. He stated this concept has been proven to
reduce the amount of conflicts and accidents and stated there are parts of Ashland where he thinks this could be very
Planning Commission Study Session
August 25, 2009
Page 3 of 5
useful, including the downtown core and some of the more rural streets. He encouraged any of the commissioners to
contact him if they are interested in obtaining more information. Dawkins voiced his support for this concept.
Tom Burnham left the meeting at 8:10 p.m.
. Road Diet
Mr. Faught clarified this concept involves reducing the number of lanes. Marsh questioned if this concept is broad enough
to include general arterial design. Sommer questioned if street landscaping comes into play in this element. Mr. Faught
clarified ultimately the street design will include a landscaping element.
. Off-Set Intersection Realignment Plan
Mr. Faught stated there are several of these intersections in town and the goal is to come up with a plan so when
development proposals come forward these areas can be fixed. He cited Hersey/Laurel, Hersey/Wimer, and
Orange/Laurel as examples of off-set intersection. He stated the final plan will identify the realignment issues and protect
the right of ways,
Mr. Faught concluded his presentation and asked if the commissioners had any final questions or comments.
Commissioner Dotterrer stated he did not see land use coordination listed in the RFP and urged them to select a consultant
team that has this experience.
Commissioner Marsh commented on how the two commissions will work together throughout this process and suggested
each commission select a formal liaison in order to keep each group aware of what the other is doing. She suggested the
liaisons receive the other Commission's agendas and minutes, and attend meetings as needed.
Councilor Navickas voiced concern that the draft RFP does not have enough integration with planning, and stated he would
like to see one of the main points listed in the document focused on land use planning.
Mr, Faught thanked the group for their comments and stated if they have further input to email it to him within the next few
days so it can be incorporated into the RFP narrative.
OTHER BUSINESS
Commissioner Marsh stated she would like to add the following items to the meeting agenda: 1) Selection of Transportation
Commission liaison, and 2) Update on the Mayor's Brown Bag Meetings with Commission Chairs,
A. Selection of Transportation Commission Liaison
It was noted that Commissioner Blake has been attending the Transportation Commission meetings as an ex officio member
for Southern Oregon University. The Planning Commission voiced approval for Blake to serve as the Planning Commission
Liaison to the Transportation Commission.
DISCUSSION ITEMS
A. Croman Mill Site Redevelopment Plan
Commissioner Marsh noted this item was presented at the last meeting, but the group did not have time for discussion. She
noted the September 29th Study Session will be devoted to discussing the Croman Mill Site Redevelopment Plan and asked
the commissioners to share what items they want discussed at that meeting.
Mr. Molnar provided a brief overview of the draft AMC 18.53 language that was included in the meeting packet. He
commented on how the Croman Master Plan would be added to the City's Site Design and Use Standards, and explained the
AMC language would be more succinct, while the Site Design and Use Standards would be a more user-friendly guide with
graphics, maps, etc.
Planning Manager Maria Harris commented on the draft Land Uses matrix and explained this was developed from the draft
Plan prepared by Crandall and Arambula. She stated there were some uses identified in the consultant's draft that staff did not
Planning Commission Study Session
August 25, 2009
Page 4 of 5
include in the matrix, including: theaters, nightclubs and bars, and hotels and motels. Mr. Harris stated staff did not believe
these uses were appropriate for this end of town, and noted the concerns raised previously by Dawkins about uses that
compete with the downtown core. Ms. Harris continued that crematoriums, public utility yards, churches, and broadcasting and
radio stations were also left off the permitted uses list. Dotterrer questioned the reasoning behind leaving radio stations off and
stated a production studio could be compatible in an area like this. Ms. Harris added the manufacture of food products in the
office zone was not included, since this is allowed in the industrial zone, She stated building material sale yards were also not
included, and recycling centers/sorting yards were also omitted. Senior Planner Brandon Goldman explained that he had
conducted some research into sorting yards and contacted six other recycling centers throughout the state to determine
approximate job densities. He stated there was a mix of both indoor and outdoor facilities and explained the average number
of employees per acre was 4, and the majority of the facilities had outdoor storage of materials which is avoided in the current
plan. Ms. Harris added because of the low employment densities, this use is not included in the Plan at this point. She noted
the target in the Plan is 25 jobs per acre for the industrial area. Marsh requested staff provide a brief review of available
industrial lands within the City at the September meeting.
Commissioner Marsh asked the commissioners to share the issues they would like discussed at the September Study
Session.
Commissioner Rinaldi stated the Plan will need to be fiexible, adaptable, and seem friendly to developers and potential buyers
in terms of conveying some certainty. He asked that the issue of how the amendment procedure is laid out be added to their
list of discussion items,
Commissioner Miller voiced her concerns with the road layout where the new road meets Tolman Creek Rd. She stated this is
not a smooth fiow and in order to continue on Tolman Creek you will have to turn in and then turn back out. She added the
current layout seems to isolate the subdivisions and asked that this be added to their discussion list.
Commissioner Marsh requested the issue of street orientation for solar, and the balance of uses be discussed. Miller
questioned if the existing trailer park could be maintained as rural and not annexed. Rinaldi commented on possibly including
uses that would utilize this area in the evenings, but not detract from the downtown. Marsh asked the commissioners to email
staff if any other issues come up that they would like discussed at the Study Session.
OTHER BUSINESS (Cont.)
B. Update on Mayor's Brown Bag Meetings with Commission Chairs
Commissioner Marsh explained Mayor Stromberg has been holding monthly brown bag meetings with the various commission
chairs. She stated this is an opportunity for the chairs to get together and hear what the other commissions are working on.
Marsh noted some of the information shared at the last meeting, including the Airport Commission's concems with the Croman
Master Plan and the FAA approvals of development on that site, and that the Conservation Commission is looking at green
buildings. Marsh noted they may want to talk during their retreat about possibly having formal liaisons to some of these
commissions since there is a lot of overlap on what the groups are working on. She stated if the Commission has any issues
they want shared during these meeting to let her know, and added if she is not able to attend one of these meetings she may
call on one of them to serve in her absence.
In response to a concern expressed by Councilor Navickas, Mr. Molnar commented briefiy on the purpose of the Croman
Advisory Committee. He stated the idea is to keep the other advisory commissions apprised of what is happening, to be open
to their input, and to provide a mechanism for those who were interested in the beginning to stay involved, Overall, he hopes
this will lead to a better plan. Ms. Harris noted the first meeting of the Croman Advisory Committee was more of a briefing.
She stated the group is scheduled to meet again before the Planning Commission's September Study Session, so the
Commission will be able to hear their input when they discuss this issue next.
ADJOURNMENT
Meeting adjourned at 9:10 p.m.
Respectfully submitted,
April Lucas, Adminisfrative Assistant
Planning Commission Study Session
August 25, 200g
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Approval of two (2) Public Contracts for Towing and Storage Services
Meeting Date:
Department:
Secondary Dept.:
Approval:
September 22, 2009
Police Department
Purchasing
Martha Bennett AJ; v
Vl~\
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Terry Holderness
holdernet(cl)ashland.or. us
None
Consent
Question:
Will the City Council, acting as the Local Contract Review Board, consent to enter into two public
contracts for Towing and Storage Services?
Staff Recommendation:
Staffrecommends that public contracts for Towing and Storage Services be awarded to Star 24-Hour
Towing and Twedell's Towing. The individual contracts will be executed for an initial term of two (2)
years with the option to extend each of the individual contracts for an additional two (2) years for a
total offour (4) years.
Background:
Currently, when the Police Department needs to tow a vehicle or request a tow for someone officers
request that the dispatcher call one of three tow companies in rotation. That rotation list was
established by placing any tow company that could meet the Police Departments requirements related
to equipment and response times that requested to tow for the City on the rotation list. Different tow
companies charged different rates for towing and storage. The Police Department wanted to contract
with specific companies in order to attain consistent pricing and reduce the cost of towing services for
police related tows.
A Request for Proposals (RFP) is the sourcing method for this public contract. Even though the two
public contracts being recommended are anticipated to fall within the Intermediate Procurement range
of$5,000 to $75,000, which requires three written quotes, it was decided to process a formal Request
for Proposal (RFP). The decision to process an RFP was made in order to ensure that a fair and equal
opportunity to do business with the City would be offered to each of the II owners of 16 towing
companies having the potential ability to service the Ashland area. The RFP was mailed to the I I
owners and the City received three (3) proposals in response to the RFP. The proposals were then
evaluated by a three-person evaluation committee, which resulted in Star 24-Hour Towing and
Twedells' Towing being the highest ranking proposers. The Police Department is recommending that
two companies be awarded individual contracts since both scored very close on the evaluation and
having two available on rotation will give officers a backup tow option if the other company is unable
to respond for any reason. These contracts will also result in a substantial reduction in costs for both
towing and storage fees related to police tows.
Related City Policies:
Section 2.50.070 Procedure for Competitive Bids
Page I of2
~~,
CITY OF
ASHLAND
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
D. Intermediate procurements as defined herein and set forth in ORS 2798.070.
AMC 2.50.015 Authoritv
Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting Department to execute the contract. The Council may also execute contracts itself.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the contract recommendations
or decline to approve the contract recommendations.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to award public contracts for Towing
and Storage Services to Star 24-Hour Towing and Twedell's Towing.
Attachments:
EVALUATION SUMMARY
PROPOSAL SCORING Total Total Total
CRITERIA Points ' Points Points Points
Possible A warded Awarded Awarded
Proposer JM Northwest Star 24-Hour Twedell's
Towing Towing
Evaluator #1 #2 #3 #1 #2 #3 #1 #2 #3
1. Proposal Form (Part I) 5 5 5 5 5 5 5 5 5 5
2. Firm's Qualifications 15 IS 15 15 IS IS 15 15 IS IS
(Part II)
Internal Security Controls 25 22 20 19 24 23 24 23 22 21
3. (Part III)
4. Service Standards and 15 14 15 IS 14 15 15 IS 15 IS
References (Part IV)
5. Fee Schedule (Part V) 25 10 8 7 23 22 25 25 24 23
6. Contract Terms and 15 IS 15 15 15 15 IS IS 15 IS
Conditions (Part VI)
TOTAL 100 81 78 76 96 95 99 98 96 94
GRAND TOTAL 235 290 288
Page 2 of2
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department;
Secondary Dept.:
Approval;
Appointment to Transportation Commission
September 22, 2009 Primary Staff Contact; Barbara Christensen
City Recorder E-Mail: christeb(al.ashland.or.us
Mayor's Office Secondary Contact; Mayor Stromberg
Martha Bennett .11'0 vi Estimated Time; Consent
V' 1"\
Question:
Does the City Council wish to confirm the Mayor's appointment of Steve Hauck for the Transportation
Commission with a term ending April 30, 2010?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment of Steve Hauck to the
Transportation Commission on application received.
This vacancy was created upon the resignation of Mick Church.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor's appointment to Transportation Commission.
Potential Motions:
Motion to approve appointment of Steve Hauck, term to expire April 30, 2010 to the Transportation
Commission.
Attachments:
Applications received and file
Page I of I
~.t. 1
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITI'EE
Please type or print answers to the following questions and submit to the City Recorder at
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From:
To:
Date:
Subject:
City of Ashland
"Matt Frey" <mrfrey@charter.net>
<christeb@ashland.or.us>
12/17/200812:29 PM
APPLICATION FOR APPOINTMENT
J~@~JJ~
DEe 1', lff:J
8 ' 2008
Y:
".
..............................
....................
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Name; Matt Frey
Requesting to serve on; Transportation Commission
Address; 33 North Main Ashland Or. 97520
Occupation; Founder and owner of Rare Earth for over 37 years. I act as the consultant for my wife Marcy
Frey who is the majority owner of Rare Earth.
I am the landlord of 31, 33, 35 and 37 North Main on the Plaza
Self employed investor.
Phone
Home; 535-5011
. Work; 482-9501
Email;mrfrey@charter.net
Fax; 488-0715
Education Background
What schools have you ~ttended?
Roseburg High School, Southern Oregon College (two years) & University of Oregon
What degrees do you hold?
I am several hours short from a BS/BA in Criminology with a minor in Chinese philosophy.
What additional training or education have you had that would apply to this position?
I have work in everything from logging, construction, retail business to cooking in restaurants, driven truck
and been an entrepreneur i.e. Rare Earth which I expanded into four locations including Medford, Grants
Pass, Eugene and of course Ashland. I've done everything there is to do concerning a retail business,
included but not limited too the re-construction of turn of the century commercial buildings, sweeping the
floors, dumping the garbage, buyer, stock room labor, purchasing merchandise from international
companies, bookkeeping, budgets, dealt with the public in sales and customers complaints. I have
attended almost every major trade shOw dealing with retail all over the US and Hong Kong. I now own the
Perrine's building and am the landlord of four of the oldest businesses downtown including Alex's,
Mountain Supply, Renaissance Rose and Rare Earth. I have also traveled around the world several times
including a year in Africa getting to and going up the Congo River, worked with Peace Corp volunteers
~~~L' f1LU~~ cclfua_ra cnn:::ilenSen - ,...t"'t"'LI\...""IIUI~ r-Ut'( ,...t"'t"'UII~ IIVII::.I~ I
page.~J
drilling wells in remote villages and spent several years traveling overland in Asia. I have been on every
continent in the world except Antarctica and South America. Most of the time I traveled overland and for
better and worst used the public transportation and stayed in local hotels near the marketplaces in some
very strange places.
Related Experience
What prior work experience have you had that would help you if you were appointed to this position?
Besides living in Ashland since 1965, with the exceptions of several years away traveling and attending
the U of 0, I have watched and contributed to Ashland's grow1h into a World Class Community only to
have now seen our community fall on some very hard times. I have recently accomplished one of the most
difficult tasks I have ever encountered in the downsizing of a business like Rare Earth. No matter what
anybody tells you it is far more difficult to successfully downsize than grow a company, business, city or
government Recently, after living in Ashland for the past 39 years we temporarily moved to Talent but still
own a lot in Ashland where we hope to build our dream home when the economy shores up a bit. I have
also invested in all aspects of the stock market, real estate, gems, rare coins and rare books. I understand
budgeting and finance, hard work and the need to get others involved in a viable vision. I understand the
need to accomplish tasks in a timely manner with successful results that can accomplish the best for the
majority of our community while protecting and having concern for those that are less fortunate or just out
of the loop. It always amazes me how luck really hard working people become-of course there is seldom
any luck involved except in the eyes of those cailing others lucky.
Do you feel it wouid be advantageous for you to have further training in this field, such as attending
conferences or seminars? Why? Of Course knowledge is always advantageous, so yes, I would like to
learn and attend these events. While not underestimate the need to leam I do have a lotto bring to the
table after running a successful business for so many years on the Plaza in Ashland. It gives one a
perspective seldom obtained by only working within a system as an employee for a pay check. I have the
ear and confidence of many in the business community. I am known as focused and determined when it
comes to business but fair if at times rationally disagreeable when it comes to dealing with unmovable
people and objects. I do understand the need for good will and compromise.
Interests
Why are you applying for this position?
To learn from others while hopefully helping Ashland and our community obtain an understanding of what
makes us unique and to help strengthen those amenities that can make us successful as a community on
all levels of concems that can reasonable be accomplished.
Availability
Are you available to attend special meetings, in addition to the regularly scheduled meetings?
Ves
Do you prefer day or evening meetings?
Mornings, but it really does not matter.
Additional Information
How long have you lived in this community?
I have lived in Ashland 43 years but first came to Ashland three years prior to moving here while
participating in high school wrestling tournaments.
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Please use the space below to summarize any additional qualifications you have for this position.
I have lived in almost every part of Ashland at one time or another. I am acquainted with many of the
people who have lived in town for more than ten years. I can work with others very well, especially when
the goals are set and defined in a logical manner with reasonable expectations. I got my first job at 13
years old patching tubes at my dad's gas station and have not stopped trying to accomplish goals and
needs in a common sense manner that produces realistic and positive results. Having driven up and down
the west coast multiple times a year for fun and business and having visited every major and most minor
Cites on the west coast I do have a unique understanding and knowledge of what actually works. I have
driven trucks and understand the roads from that perspective. I rode a bike across New Zealand and it
taught me a lot about the problems and needs of bikers. Having walk, crawled and traveled the world I
have seen how others deal with the very issues that AShland is facing now and for the future. I am,an
inquisitive person who loves science, math and solving problems. General social theories are great and
needed but the solutions have got to be realistic and actually work for all concerned. Having run a
successful life and business I can bring to this commission something it is seldom offered- real
experiences and knowledge in the real world.
Signature
Matt Frey
mrfrey@charteLnet
Date
12/8/08
CITY OF
ASHLAND
APPLlCA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb((ilashland.OLUS. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name_Stephen J. Hauck
Requesting to serve on; Transportation
(Commission/Committee)
Address_ 453 Wightman Street Ashland OR 97520
Occupation_Executive Director, URCC
Phone: Home 494-7253
Work_878-2702
Email_stephenhauck@yahoo.com
Fax 878-2702
1. Education Backl!round
What schools have you attended? University of Oregon and Southern Oregon University
What degrees do you hold? Bachelor's in Political Science and a Master's In
Management
What additional training or education have you had that would apply to this position?
Seminars at the annual Oregon Transportation Association conference
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
8 years on the Ashland City Council and 10 years on the Rogue Valley Transportation
District Board of Directors. I have also served on two statewide transportation
committees, as well as the local Metropolitan Planning Organizatio, and run a .
transportation service at my current position.
I
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? It never hurts to keep up todate on current
information in any field.
~~,
3. Interests
Why are you applying for this position? I have long had a strong interest in
transportation issues, most particularly how the different modes interrelate and work with
each other.
4. A vailabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, can do both day and evening,
but prefer evening.
5. Additionallnformation
How long have you lived in this community?
53 years
Please use the space below to summarize any additional qualitications you have for this
position
12119/2009
.~ I c;LJ.
Date
Signature
~.1I
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~ L.I. ~ .......~........~ "~~'-"J." .I. '-'J.'\.. m.l. '-'.1.1'11 J..lY..LU!'\I..L ..LV
CITY COMMISSION/COMMIITEE
Please type or print answers to the following questions and submit to the
City Recorder at City Hall, 20 E Main Street, or email
christeb@ashland.or.us. If you have any questions, please feel free to
contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name_Nancy Keeley
Requesting to serve on: _Transportation Commission
(Commission/Committee)
Address_78 N Third St
Ashland
Occupation_Family Nurse Practitioner
Phone: Home 488-0330
Work . 734-3690
Email keelevn@mind.net
Fax
I. Education Background
What schools have you attended? Humboldt State University, BS Nursing, 1973
Oregon Health Sciences University, Master of Nursing 1996.
What degrees do you hold? _See above
What additional training or education have you had that would apply to this
position?
2. Related Experience
8/20/2009
Page 2 01'3
What prior work experience have you had that would help you if you were
appointed to this position?
_' have worked as and RN and FNP for a cumulative 36 years and am still
working with people on a daily basis. My work requires excellent
communication skills.
Do you feel it would be advantageous for you to have further training in
this field, such as attending conferences or seminars? Why? _' believe that
education is always useful.
3. Interests
Why are you applying for this position? , believe that transportation issues
are one of the many ways in which a community either supports or challenges
individuals. I commute to Medford to work and my own personal commitment to
reduce fossil fuel use has prompted me to bicycle to work and to use my
bicycle and to walk here in town as much as possible.
4. Availability
Are you available to attend special meetings, in addition to the regularly
scheduled meetings? Do you prefer day or evening meetings? _Yes, and
evenings are best.
5. Additional Information
How long have you lived in this community? I first moved to Ashland and
bought a house here 30 years ago. My husband and I lived in the Upper
Applegate for 20 years during that time, while we held that property. We
moved back to Ashland 10 years ago.
Please use the space below to summarize any additional qualifications you
have Ipr this position .
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8/20/2009
Page 3 01'3
June 4, 2009
Nancy J.Keeley
Date Signature
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8/20/2009
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeblalashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sh1!t@
necessary. !Jfe ~lt'f!p~!iiJ
Name )o~.s /'I~'l" 10"1 8r..... ~-'J 20081
Requesting to serve on: ~4 M fOa. fIt/iO N &rl NIH I (J,) (COmmission/commitie~....
Address 1>13 ;;;~"""j.ta. RJ..' ASrfL/lny: t-.... 97[~O ......
Occupation f<"'".......<L
Phone: Home y[,.-'Ir70
Work
Email )lO. "'''''1'''0(') e NiL. Q.o"1
Fax
1. Education Backl!:round
What schools have you attended?
. .. . . . .
What degrees do you hold?
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What additional training or education have you had that would apply to this position?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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Do you feel it would be advantageous for you to have further training in this field, such
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3. Interests
Why are you applying for this position? r;~t oM It-Tidf\ I S~ ..,S /1'1 fl..s?/LJlI'I} t:J.../1L-
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4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? YL5'
5. Additional Information'
How long have you lived in this community?
15 'jL us
Please use the space below to summarize any additional qualifications you have for this
position
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Date Signature
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CITY OF
ASHLAND
APPLICA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebiCilashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name_Stephen Daniel Ryan
Requesting to serve on: Transportation
(Commission/Committee)
Address_801 Siskiyou Blvd, Ashland
Occupation_Technical writing, video production_Phone; Home 5419511409
Work
Email resolutionvideo@yahoo.com
Fax
1. Education Background
What schools have you attended?
SOU, SWOCC, PCC
What degrees do you hold?
BS Economics, BS English Tech Writing, expect
MS in Social Science Winter 2008-09
What additional training or education have you had that would apply to this position?
20 hours graduate level land use planning coursework
3 years service R VTD committees
heard extensive public input gathering 10,700+ votes for R VTD board of directors
election May i5, 2007
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
SOU Student body chief financial officer, managed $2.5 million incidental fee budget
Organized first-ever Ashland Commuter Challenge 2008
I year + as Ashland Bicycle and Pedestrian Commissioner
member Ashland Siskiyou Blvd. Safety Subcommittee
Professional advertising, fundraising, outreach and presentation experience since 2000
and more
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes. The more we can understand the
world we face, the better will our decisions become. We need training, the public needs
training, and the dividend will be less work for a better outcome.
..,.111
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3. Interests
Why are you applying for this position? I have special expertise as a non-driver, and
understand 'and have experienced the issues pedestrians and other emergent forms of
transportation face, first-hand. I really believe transportation and urban planning are so
integral as to be unseparable, but given the workload constraints planning them together,
I want to serve my constituency by ensuring their representation in long range planning.
I also owe a debt to the nearly 11,000 voters who chose me for R VTD Board of Directors
last year.
This commission will also give me valuable insight for my doctoral thesis, which I hope
will be to inquire if the removal of bus service to a municipal region affected the
performance of the other public agencies in that region. We have a valuable laboratory in
the Rogue Valley, and I want to advocate for public transportation as an investment
rather than a cost; participating on this commission will help me serve the public with
that project.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _Yes, and I prefer day meetings
because the transportation-disadvantaged public has less access to government when
meetings are after bus times or not on the bus line like so many of them are.
5. Additionallnformation
How long have you lived in this community?
4-5 years.
Please use the space below to summarize any additional qualifications you have for this
position
Due disclosure: If I am accepted for my doctoral program this Spring, I will have to leave
Ashland to study for the Ph. D. starting late September 2009. [fnot, I'd like to stay here.
12-4-08
signed, Stephen D. Ryan
Date
Signature
..,.111
IF.."
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMI1TEE
CITY OF
ASHLAND
ID IT:@IT:J1WIT:)jj)
ill DEe 2 6 2008 J11J
Please type or print answers to the following questions and submit to the City ~~rder at
City Hall, 20 E Main Street, or email christeh!alashland.or.us. If you have any que~ohs:---""------".--
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
DA \.J i D
S 'liART
. Requesting to serve on: r;. V ~"'~ o...fcd I Or) (? OVV\Ih'11 s) orfCommissionlCommittee)
Address <1 {)f /(..../(')udh;? jfo~dJ> (?, rde . /~ .::L IQ""c:( OR. <7)7' XJ
Occupation ~e+'vA::i -""c i<2<.J.;c,T Phone: Hom~"f;J ~J?g - 7,J?4{
WorK .~ '.
Email d c;+unrf ~ ,-,fPvdooy ,CIJ,-v,
Fax / ../
1. Education Backl!:round
What schools have you attended?
What degrees do you hold?
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What prior work experience have you had that would help you if you were appointed to
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3. Interests
Why are you applying for this position?
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Are you available to attend special meetings, in addition to the regularly scheduled
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5. AdditionalInformation II
How long have you lived in this community? - { 0 F~ vc,
Please use the space below to summarize any additional qualifications you have for this
position
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CITY OF
ASHLAND
Council Communication
Meeting Date;
Department:
Secondary Dept.:
Approval;
Resolution Authorizing Oregon DEQ Clean Water State Revolving Fund
Loan No. R11750 Amendment No.5 to Reduce the Required Reserve
Held by the City of Ashland
September 22,2009 Primary Staff Contact;
Administrative Services E-Mail;
None 1- Secondary Contact;
Martha Bennett bf Estimated Time;
Ale...
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Will Council approve and authorize the Mayor to sign Amendment No.5 to the Clean Water State
Revolving Fund Loan No. RI1750 reducing the required reserve from $1,751,369 t6 S875,4907
Staff Recommendation:
Staff recommends Council approve the resolution to reduce the amount of the required reserve.
Background:
The City constructed a wastewater treatment plant that required partial funding through an Oregon
Clean Water State Revolving Fund Loan. Payments began on this loan in November 2002 and are
scheduled to end May I, 2022. The interest rate on the loan is 3.43% with a 0.5% state administrative
fee for a total interest rate of 3.93%. The annual average debt service is $1,751,369 and the original
loan documents require the City to maintain a reserve equal to that amount.
In recent years the City has struggled to maintain an ending fund balance large enough to meet this
requirement in addition other amounts restricted (primarily system development charges) and a
positive unrestricted operating balance. The result is an ending fund balance in the $4 million dollar
plus range at times during the year yet still being potentially out of compliance with the DEQ loan at
June 30 or 60 days after making a semi annual payment of approximately $850,000.
Staff asked the state about this condition and was infonned that the 100% reserve requirement has
gone away, replaced by one of only 50%. Since payments are done semiannually and represent
approximately half of the 100% reserve it makes sense to reduce the reserve as allowed by the State.
The attached resolution would authorize the Mayor to sign the documents to reduce the reserve in the
City's budget and financial reporting. The City should continue to manage revenue and expenses to
ensure adequate funding to meet all obligations of the fund throughout the year.
Related City Policies:
Financial Management Policy
Council Options:
Council can;
I. Accept the change proposed by staff.
Page I of2
.....
W"'1
CITY OF
ASHLAND
2. Reject the proposal and keep the existing reserve.
3. Defer any change for additional information.
Potential Motions:
Council moves to accept staff proposal and authorize the Mayor to sign Amendment No.5, reducing
the reserve.
Attachments:
Resolution
CWSRF Loan Agreement No. R11750 Amendment No.5
\.
Page 2 of2
r:.,
RESOLUTION NO. 2009-
A RESOLUTION AUTHORIZING OREGON DEQ CLEAN WATER STATE
REVOLVING FUND LOAN NO. R11750 AMENDMENT NO.5 TO REDUCE THE
REQUIRED RESERVE HELD BY THE CITY OF ASHLAND
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES;
SECTION 1. City Council previously authorized and approved the form of the CWSRF
Loan Agreement for the total amount of $23,920,068 to finance the Wastewater
Treatment Facility Project.
SECTION 2. City Council authorized and approved the establishment and funding ora
designated reserve account to meet the "Loan Reserve" requirement of the CWSRF
Loan Agreement, and directed the Director of Finance to establish this Loan Reserve.
SECTION 3. State of Oregon, Department of Environmental Quality, has reduced the
requirement for the reserve from 100% to 50% of the average annual debt service.
SECTION 4. City Council authorizes and directs the Mayor, acting for and on behalf of
the City, to execute Amendment NO.5 to the CWSRF Loan Agreement, reducing the
required reserve amount to $875,490.
SECTION 5. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form;
Richard Appicello, City Attorney
Page I of 1
OREGON DEPARTMENT OF ENVIRONMENTAl. QUAl.lTY
CI.EAN WATER STATE REVOLVING FUND
PAGE I
CLEAN \YATER STATE REVOLVING .FUND
LOAN AGREEMENT No. Rl1750
AMENDMENT No. 5
CITY OF ASHLAND
This Amendment No. 5 to Loan Agreement No. R 11750 (as amended "Loan
Agreement") is executed between the STATE OF OREGON ACTING BY AND THROUGH ITS
DEPARTMENT OF ENVIRONMENTAL QUAI.lTY ("DEQ") and the City of Ashland (thc "Borrower"),
effective as of the Effective Date of Amendment indicated below. Capitalized Ienns used in this
Amendment which are not defined herein shall have the mcanings assigned to them in the Loan
Agrcemenl.
The purpose of this amendment is to change the loan reserve requirement, to make it
consistent with the reserve required under current SRF rules' .
Date of Original Agreement; February 18. 1998.
Effcctive Datc of Amendment No. I: January 19,2000.
Effective Date of Amendment No.2; February 19,2001.
Effective Date of Amendment NO.3; January 25. 2002.
EfTeclive Date of Amendment No.4: Septcmbcr 17, 2002.
Effcctivc Date of Amendment No.5: September 25, 2009.
The parties agree as follows;
I. The second and third sentences of ARTICLE I (R) arc amend cd and restated as follows:
"Thc Loan Reserve Requirement shall be an amount that equals 1 00% timcs one-half the
average annual debt service as shown on the final repaymcnt schedule at Appendix A. TIle Loan
Reserve Requirement equals $875,490.
2. The attached "Appendix A: Repayment Schedule" replaces the current "Appendix
A: Repayment Schedule".
Except as expressly amended above, the tenns and conditions of the Loan Agreement
shall remain in full force and effect.
CITY OF ASHLA/o.'D; R 11750
1.0:\1'1 AGREEMENT AMENDMENT #5
OREGON DEPARTMENT OF ENVIRONMEi'o'TAL QUALITY
CLEAN WATER STATE REVOLVING FUND
PAGE 2
BORROWER: CiTY OF ASHLAND
By:
Date:
Typed Name;
Title:
STATE OF OREGON ACTING BY AND THROUGH ITS
DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ncil Mullanc, Watcr Quality Administrator
Datc:
CITY OF ASHLAND: R 11750
.I_DAN AGREEMENT AMENDMEi'o'T #5
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
CLEAN WATER STATE REVOLVING FUND PAGE 3
ApPENDIX A: REPA YMEl'I'T SCHEDULE
Due -. . - - - - - - - - . - - - - - - - PAYMENT - -. - . -. - - - - - - . . - - . Principal
Dale Pmt# Principal Interest Fees Total Balance
23,420,068
11/1/2002 1 0 2.024,815 351.301 2,376.116 23.920,068
5/1/2003 2 440,995 405.025 127,100 973.120 23.479.073
11/1/2003 3 443.354 402,666 0 846,020 23,035,719
511/2004 4 450,957 395,063 115.179 961,199 22,584,762
11/1/2004 5 458,691 387,329 0 846,020 22,126,071
5/1/2005 6 466,558 379,462 110,630 956,650 21.659,513
11/1/2005 7 474.559 371,461 0 846,020 21,184,954
5/1/2006 8 482,698 363,322 105,925 951,945 20,702,256
11/1/2006 9 490.976 355.044 0 846,020 20,211.280
5/1/2007 10 499,397 346,623 101.056 947.076 19,711,883
11/1/2007 11 507.961 338,059 0 846,020 19.203.922
5/1/2008 12 516.673 329,347 96.020 942,040 18,687,249
11/1/2008 13 525.534 320,486 0 846,020 16,161.715
5/1/2009 14 534.547 311.473 90,809 936,829 17,627,166
11/1/2009 15 543.714 302.306 0 646.020 17.063,454
5/1/2010 16 553,039 292.961 65,417 931.437 16,530.415
11/1/2010 17 562,523 283,497 0 646,020 15.967.692
5/1/2011 18 572,171 273.649 79,839 925,659 15,395,721
1111/2011 19 561,983 264,037 0 846,020 14,813,738
5/1/2012 20 591.964 254,056 74,069 920.089 14,221,774
11/1/2012 21 602.117 243,903 0 646.020 13,619.657
5/1/2013 22 612,443 233,577 68,098 914,118 13.007.214
11/1/2013 23 622,946 223,074 0 846.020 12,384,268
5/1/2014 24 633.630 212.390 6'1,921 907,941 11,750,638
11/1/2014 25 644,497 201,523 0 646,020 11.106.141
5/1/2015 26 655,550 190,470 55,531 901,551 10,450,591
11/1/2015 27 666,792 179.228 0 846.020 9,763,799
5/1/2016 28 676,228 167.792 48,919 894,939 9,105,571
111112016 29 689,859 156,161 0 646.020 8.415.712
5/112017 30 701.691 144,329 42,079 888,099 7,714.021
11/1/2017 31 713,725 132,295 0 646.020 7,000.296
5/1/2018 32 725.965 120.055 .35.001 681.021 6.274.331
11/1/2018 33 738.415 107,605 0 646,020 5,535,916
5/1/2019 34 751.079 94.941 27,680 873,700 4.764,837
11/1/2019 35 763.960 82,060 0 646,020 4.020,677
5/1/2020 36 777,062 66,958 20.104 866,124 3,243,615
11/1/2020 37 790,369 55,631 0 846,020 2.453.426
5/1/2021 38 603,944 42,076 12.267 858,267 1.649,482
11/1/2021 39 817.731 28.289 0 846.020 831,751
5/1/2022 40 631.751 14.265 4,159 850.175 0
TOTALS 23.920.068 11,099.523 1.713.104 36,732.695
REQUIRED LOAN RESERVE: $ 875,490
CrTY OF ASHLAND; Rl1750
LOAN AGREEMENT AMENDMENT #5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.;
Approval:
Public Hearing to Adopt Police Special Fees, and Repealing the Police Special
Services Fees Section of Resolution 94-23
September 22, 2009 Primary Staff Contact: Terry Holderness
Police E-Mail: Holdernet@ashland.oLus
Finance "J,-?- Secondary Contact: Tuneberl@ashland.oLus
Martha Bennett p'~\U Estimated Time: 10 Minutes
Question:
Will the Council approve a resolution adopting updated police special service fees, and repealing the
police special services fees section of resolution 94-23?
Staff Recommendation:
Staff recommends that Council approve the resolution to adopt police special service fees, and repeal
the police special services fees section ofresolution 94-23.
Background:
The Police Department is allowed to charge for the actual cost of providing special services such as
making copies of reports, photos or various forms of digital information requested by the public as
long as the charge is reasonably based upon the actual cost to provide those services, reports, photos or
other forms of digital information.
Due to changes in technology and the type of services that are requested, the service fee schedule
needs to be updated to include additional fees for services not provided in the past such as taxi driver
license fees, while others such as the merchant police investigation fee are no longer used and can be
eliminated. New fees requested are all consistent with fees charged for similar services in the past.
All other fees remain at previously approved levels with the exception of the fees for fingerprint cards.
The department has recently purchased electronic fingerprinting system. The electronic system does
not require ink, eliminating the mess associated with its usc and significantly reduces the number of
print cards that are rejected. The system was purchased using asset forfeiture funds but there is an
annual maintenance fee of approximately $3000.00. The increase in the fee for finger print cards is
being made in order to cover that cost.
Related City Policies:
None
Council Options:
Approve the attached resolution as presented.
Revise elements of the resolution before approving the resolution.
Leave rates at current levels and consider changes at a later time.
Page 1 of2
r~'
CITY OF
ASHLAND
Potential Motions:
I move to approve the resolution adopting police special services fees and repealing the police special
services fees section of resolution 94-23.
Attachments:
Resolution
Fee Schedule
Pagc2of2
~~,
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING POLICE SPECIAL SERVICES FEES, AND REPEALING THE
POLICE SPECIAL SERVICES FEES SECTION OF RESOLUTION 94..23.
Recitals:
A.
B.
The Ashland Police Department provides special services, most of which are
provided at the request of the customer.
The City is allowed to establish fees and charges that are reasonably based upon
the related costs to the City of providing these services.
Resolution 94-23 needs to be updated to include additional fees for taxi driver
licenses and bicycle licenses as well as many of the existing fees for services.
Resolution 94-23 needs to be updated to exclude fees that are no longer applicable.
c.
D.
THE CITv OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to AMC 2.48.010, special services fees for the Ashland Police
Department are established in Table A, attached hereto and incorporated herein by this
reference. The fees shall take effect October 1, 2009. The fees and charges established by
this resolution are reasonably based upon related costs to the city.
SECTION 2. The fees will be reviewed each year and adjusted for inflation based upon the
Consumer Price Index (CPI) each March, any increase in the fees shall be effective August 1.
The fees shall be rounded to the nearest dollar based on the CPI. In the event that there is
deflation the fees shall remain the same. The first review and possible increase will be March
2010 effective Auqust 1, 2010.
SECTION 3. Copies of this resolution shall be maintained in the Office of the City Recorder.
SECTION 4. Classification of the fee. The fees specified in Section 1 of this resolution are
classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution
(Ballot Measure 5).
SECTION 5. Repeal. The Ashland Police Department service fees established in Section 1 of
Resolution 94-23 are hereby repealed.
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 2
TABLE A
City of Ashland
Police Special Service Fees
Effective Date, 10/1/2009
Service
Effective
8/1/2008
Effective
10/1/2009
A Copies of written internal department policies, $12.00 $12.00
procedures or reports not exempted by ORS
192.420 et seq.; copies of ORS; or copies of
the Municipal Code. <10 paoes
Copies of written internal department policies, $15.00 $15.00
procedures, or reports not exempted by ORS
192.420 et seq.; copies of ORS; or copies of
the Municipal Code. > 1 0 pages
B PassportlVisa clearance letters and copies of $19.00 per report $19.00 per report
police reports not exempted by ORS 192.420 et
seo.
C Fingerprint cards for civilians or civilian $12.00 per first card rolled, plus $20.00 per first card rolled, plus
oroanizations. $6.00 for each additional card $10.00 for each additional card
D Photographs. $12.00 for each department $12.00 for each department
photoqraph photooraph
E Audio Tapes, CDs, or DVDs. $19.00 for each tape $19.00 for each tape, CD, or DVD
F NSF Check investioation Fee. $32.00 $32.00
G Impound Fee. $150.00 $150.00
H Bicycle License Fee. $2.00 $2.00
I Taxi Driver License - New. $42.00 $42.00
J Taxi Driver License - Renewal. $20.00 $20.00
K Pawnbroker and Second Hand Dealer license $33.00 plus fingerprint and photo $33.00 plus fingerprint and photo
investigation Fee. fees fees
Page 2 of 2
CITY OF
ASHLAND
Council Communication
Public Hearing to Increase Electric Rates Effective November 1, 2009
Meeting Date; September 22, 2009 Primary Staff Contact; Dick Wanderscheid
Department: Electric E-Mail: wandersd@ashland.oLus
Secondary Depl.; Finance {JiJ. Secondary Contact: Lee Tuneberg
Approval: Martha Bennett /!r'c.. Estimated Time; 15 minutes
Question:
Does the City Council want to raise electric rates by 4% to cover increased operational expenses and
higher wholesale power costs from BP A?
Staff Recommendation:
Staffrecommends that the Council adopt the attached Rate Resolution increasing electric rates by 4%.
Background:
BPA recently completed the rate case for FYIO & FYII and adjusted wholesale rates upward by about
7.5%. This increase takes place on October I, 2009 and runs through September 30, 2010. At that
time, the City's new 20-year wholesale power contract with tiered rates begins. BP A has used their
rate model to estimate the increase in wholesale power bills based on our actual loads. This model
predicts that Ashland's wholesale bill's annual increase will be about $383,000. Since the rate will
commence on October I, 75% of this amount, or about $287,000, will be charged to the City during
the remainder of the FY 2009-2010.
The City's Finance Department has calculated these effects with the model that the City uses to
determine our retail rate requirements. The City's Electric Fund ended FY 2008-2009 on June 30th
with a $1,649,898 fund balance including unused Contingency. This exceeds the fund balance policy
requirement of$I,449,460 by $200,439. Electric Revenue was only 92% of the budgeted amount, but
expenditures were held to 90.7% of budge I. Lower kWh sales and resultant, lower purchased amounts
of power from BP A explain the majority of the under budget condition. The department was also able
to reduce other costs to achieve the nearly 10% reduction in expenditures. This year's budget, as
approved by the Budget Committee, anticipated a 5% rate increase in October, 2009.
The results of the City cost analysis demonstrates that a 4% increase in November, 2009, should be
adequate to ensure the health of the Electric Fund through June 2010. A 4% overall rate increase is
projected to help generate an ending fund balance on June 30, of$I,364,487, including unused
Contingency. This is $285,412 less than the end ofFY 2009 but misses the target of51,458,760 by
only $94,273. The internal rate model (long-term budget spreadsheet) indicates that larger increases
(5% to 6% per year) could be needed in FY 2010-2011 and after, dependent upon kWh sales to
customers and operational costs to provide services.
A lower percentage increase this year could force a larger increase in the coming year so staff is
recommending a 4% across the board electric rate increase effective November 1,2009, and staff
continuing to monitor the balance of sales and operational costs.
Page 1 of3
~~,
CITY OF
ASHLAND
The impact of this increase on a sample customer is estimated at $4.61 per month, depending on
electricity usage. That would be $3.68 more in the Electric Fund for power sold and an additional
$0.93 in user tax that goes to the General Fund. The sample customer is a family of four living in a
1980s vintage house on a corner lot in Ashland.
Future Consideration
In setting electric rates short term rate impacts need to be balanced against the long term infrastructure
and operational needs of the utility. While initial projections of our wholesale power costs under
Tiered Rates in 2011 do not reflect significant cost increases in the initial years, as load grows and
more Tier 2 power purchases are mixed in with Tier I power wholesale power costs will start to rise
significantly.
Conservation
One of the Mayor and Council's draft goals under consideration is: "Develop a strategy to use
conservation and local renewable resources to meet Tier 2 power demands by 2014". Based on the
projections to meet this goal, the City would need to acquire .32 MW of Conservation and Renewable
by 2014 and continue on a pace of about .18 MW annual throughout the remaining 18 years of the
contract. This pace is about 3 times the existing pace of about .06 a MW per year.
In order to accomplish this goal, additional staffing and implementation funds would be required.
Staff has modeled FY 2010-2011 with an increase of$290,000 in additional conservation funding.
This, plus other higher costs, could necessitate an additional 6% rate increase in FY 2010-20 II.
Substation Purchase
One other longer term issue that needs attention is potentially purchasing the Mountain Avenue
Substation from BPA. BPA is trying to sell all of their distribution substations and offered it for sale to
the City in August 2005 for $2,150,000. Because Ashland does not own the facility it pays a low
voltage delivery charge to BP A for all of the energy purchased at that facility. Also, Ashland is very
close to moving more load to the Mountain Ave Substation with the ongoing low voltage distribution
rack expansion project.
As BP A sells more of its substations, few non-owners of substations will pay higher delivery costs as
Ashland's share of the larger pie, will also be larger. This means Ashland's delivery fees for more
energy delivered at Mountain Avenue will increase substantially over time. Staff has requested that
BP A update the purchase price and economic analysis of buying this facility so the City can again
explore the economics of this transaction.
This purchase could be financed up front by beginning to collect revenue in a fund that could be used
for this purchase; it could be financed via borrowing or done via combination of both methods. Either
way, while decisions to purchase this facility might make an excellent long term investment, it could
cause short term rate increases in addition to those needed to cover routine operational cost increases.
Cash Flow
The other rate related issue that needs to be discussed is cash flow after October, 2011 when the City
will be purchasing wholesale power under the Tiered Rate Methodology. Under the current rate
structure, monthly "power only" bills ranged from a low of about $218,000 in June to a high of about
$617,000 in December. Under Tiered Rates using the same load inputs, the BP A estimates range from
Page 2 on
r~'
CITY OF
ASHLAND
a low of $111 ,000 in June to a high of $764.000 in January. To handle these swings in billing the City
will need to keep more cash on hand to cover these power bills. Since these rates are a dramatic
departure from the current wholesale rate structure, the City contemplates conducting a rate study
under the new Tiered Rate Methodology, probably in FY2011-20l2. Cash Flow, appropriate price
signals, demand charges and the cost of growth under higher Tier 2 rates will all need to be
investigated thoroughly during this process. Rates can then be set in 2012 reflecting these new
parameters.
While the 4% increase proposed by staff, allows the fund to remain healthy throughout the remainder
of this year, the Council and Budget Committee need to address these issues next year during the
budget process.
Related City Policies:
The Council goal on Tier 2 Power Displacement and the City's Fund Balance Policy both impact this
decision.
Council Options:
I) Leave rates at current level
2) Raise rates 4% to keep the electric fund healthy
3) Raise rates higher than 4% to reflect future co~servation and infrastructure needs.
Potential Motions:
Move to approve the Attached Rate Resolutions raising electric rates by 4%.
Attachments:
Rate Resolution
Page 3 of3
r~'
RESOLUTION NO.
A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO
ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING
RESOLUTION 2008-06
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The electric rate schedules are increased 4% for rates for electric service
provided by the City of Ashland effective with usage on or after November 1, 2009 as
per the attached rate tables.
SECTION 2. The City of Ashland's surcharge on billings for electric usage to help pay
for wholesale rate increases on power supplied to the City of Ashland by the Bonneville
Power Administration was eliminated effective and in conjunction with the rate increase
implemented by Resolution 2008-06 and remains eliminated with this resolution.
SECTION 3. Copies of this resolution shall be maintained in the Office of the City
Recorder and shall be available for public inspection during regular business hours.
SECTION 4. Classification of the fee. The fees specified in Section 1 of this resolution
are classified as not subject to the limits of Section 11 b of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 5. Resolutions 2008-06 is repealed on the date new rates established by
this Resolution are effective.
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 1
City of Ashland, Oregon
SEASONAL RESIDENTIAL SERVICE
SCHEDULE 4
Applicable:
This rate is applicable to seasonal residential
uses such as owner occupied single-family
residential cust,~mers providing travelers
accommodations, and when all service is
supplied at one point of delivery.
Monthly Billing:
The Monthly Billing shall be the sum of the
Basic and Energy Charges.
Basic Charge:
7.73 per month
Energy Charge:
5.843c per kWh for the first 600 kWh
6.45gc for all additional kWh
c = cents
Minimum Charge:
The monthly minimum charge shall be the
Basic Charge. A higher minimum may be
required under contract to cover special
conditions.
Special Conditions:
Residential Horsepower load requirements of
greater than 7.5 HP must comply with the
City of Ashland's Electric Service Manual.
Three-Phase Service (R 03)
For residential customers requiring three-phase
service, whose single-phase requirements are, or will
be supplied under any residential schedule, three-
phase service will be supplied only when service is
available from the City's presently existing facilities,
or where such facilities can be reasonably installed,
and in any event, only when deliveries can be made
by using one service for custome~s single phase and
three-phase requirements. The demand charge
applicable only to custome~s three-phase demand
shall be $3.16 for each kilowatt of demand, but not
less than $7.73 minimum Basic charge. The energy
charge shall be in accordance with the schedule set
forth herein.
Continuing Service
This schedule is based on continuing service at each
service location. Disconnect and reconnect trans-
actions shall not operate to relieve a customer from
monthly minimum charges.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch 4 11_1.xls
9/16/2009
City of Ashland, Oregon
RENEWABLE RESOURCE GENERATION
SCHEDULE 5
Applicable:
This schedule is applicable to qualifying
facilities with a generating design of 100
kilowatts or less.
Monthly billing:
The monthly billing for takings from the City
shall be in accordance with the applicable
schedule or schedules for the type of service
received.
Generation credit:
City shall pay 8.08 cents per kWh for the first
1000 kWh's separately metered and generated
from a qualifying facility. (Per Contract)
Parallel Operation:
Interconnection of a qualifying facility with
City's system will be permitted only under the
terms of a contract between the qualifying
facility and the City_. The contract must meet
requirements of the Department of Electric
Utilities. The form of such contract shall
include but not be limited to the following:
(1) The qualifying facility shall indemnify
and hold harmless the City of Ashland
from any and all liability arising from
the operation and interconnection of
qualifying facility.
(2) The qualifying facility shall provide a
lockable disconnect switch to isolate
qualifying facility's generation from
City's system. SUCh, switch shall be
accessible to City and City shall have
the right to lock such disconnect switch
open whenever necessary to maintain
safe electrical operating conditions or
whenever the qualifying facility adversely
affects City's system.
(3)
Qualifying facility shall provide for adequate
metering for qualifying facility's total generation
independenlly from the qualilfying facility's load.
(4) Except for the metering, qualifying facility shall own
and maintain all facilities on the qualifying facility's
side of a single point of delivery as specified by the
City. Qualifying facility's system, including inter-
connected equipment, shall meet the requirements
of and be inspected and approved by state electrical
inspector and any other public authority having
jurisdiction before any connection is made to City.
Unmetered Generation:
If the qualifying facility does not desire to make sales
to City, the requirements for metering of the
generation shall be waived. Such generation may
reduce the net delivery and billing to the qualifying
facility by City. The delivery meter will be of a type that
will not be compensated for unmetered incidental flows
to City.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch 5 Renewable resource generation 11-1-09.xls9/16/2009
City of Ashland, Oregon
OUTDOOR AREA LIGHTING SERVICE
Monthly Billing:
The rate schedule for outdoor area lighting
service furnished from dusk to dawn by
City-owned high pressure sodium luminaries
which may be served by secondary voltage
circuits from City's existing overhead
distribution system, and mounted on
City-owned wood poles and served in
accordance with City's specifications as to
equipment and facilities, shall be as follows:
(1) Net Monthly Rate:
Inc Percent
Type of Nominal Rate Per
Luminaire Lumen Luminaire
Rating
High- 5,800 13,92
Pressure
Sodium
High 22,000 20.08
Pressure
Sodium
High 50,000 32.11
Pressure
Sodium
(2) Pole Charge: A monthly charge of
($1.53) per pole shall be made for each
additional pole required in excess of the
luminaries installed.
SCHEDULE 15
Maintenance:
Maintenance will be performed during regular
working hours as soon as practicable after
customer has notified City of service failure.
The City reserves the right to contract for the
installation and/or maintenance of lighting
service provided hereunder.
Suspension of Service:
The customer may request temporary
suspension of power for lighting by written
notice. During such periods the monthly rate
will be reduced by the City's estimated
average monthly re-Iamping and energy costs
for the luminaire.
Contract:
Due to the investment involved and cost of
initial installation, the term of the contract
shall be by written agreement with the Electric
Department, the form of which shall have
prior approval by the City Council, and the
term of which shall be for not less than three
(3) years.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch 15 Ute Guard 11-1-09.xls
9/16/2009
City of Ashland, Oregon
LARGE GENERAL SERVICE - USE OVER 2,000 KILOWATTS
SCHEDULE 48
Applicable:
This schedule is applicable to electric service
loads which have registered over 2,000
kilowatts more than once in any consecutive
18-month period. Deliveries at more than
one point, or more than one voltage and
phase classification, will be separately
metered and billed. Service for intermittent,
partial requirements, or highly fluctuating
loads, or where service is seasonally
disconnected during anyone-year period will
be provided only by special contract for such
service.
Special Conditions:
Customers shall not resell electric service received from
the City under provisions of this schedule to any person.
Monthly billing:
The City will negotiate with a customer a rate
structure and rate levels based upon the
specific circumstances of the customer. At a
minimum, the rates developed for this schedule
will be set at a sufficient level to recover all of
the costs incurred by the City to serve the
customer, including a minimum contribution to
fixed assets.
Metering & Delivery Voltage Adjustments:
The City retains the right to change its line
voltage or classifications thereof at any time,
and after reasonable advance notice to any
customer affected by such change, such
customer then has the option to take service
through transformers to be supplied by City
subject to the voltage adjustments above.
Contract:
The City may require the customer to sign a
written contract which shall have a term of not
less than one (1) year.
Effective on Usage as of November 1, 2009
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch 48 Large Users 11-1-09.xls
9/16/2009
City of Ashland, Oregon
GENERAL SERVICE - GOVERNMENTAL LARGE SERVICE
SCHEDULE 50
Page 1
Applicable:
This schedule is applicable to electric service
loads which have registered from 1,000 to 3,000
kilowatts more than once in any consecutive
18-month period. Deliveries at more than
one point, or more than one voltage and
phase classification, will be separately
metered and billed. Service for intermittent,
partial requirements, or highly fluctuating
loads, or where service is seasonally
disconnected during anyone-year period will
be provided only by special contract for such
service.
Monthly billing:
The Monthly Billing shall be the sum of the
Basic, Demand, Energy, and Reactive Power
Charges, plus appropriate Metering and
Delivery adjustments.
Basic Charge:
2,114.16
Per month
Demand Charge:
For each kilowatt of Billing Demand.
3.9391
Energy Charge: per kWh
4.621
rates (for usage) shown as cents
Minimum Charge:
The monthly minimum charge shall be the basic
charge. A higher minimum charge may be
required by contract.
On-Peak Period Billing Demand:
The on peak period kilowatts shown by or
computed from the readings of City's demand
meter for the 30-minute period of customer's
greatest use during the month, determined to
the nearest kilowatt.
Reactive Power Charge:
The maximum 30-minute reactive demand for
the month in kilovolt-amperes in excess of
40% of the measured kilowatt demand for the same
month will be billed, in addition to the above charges, at
rate shown below, per kvar of such excess reactive
demand.
O,9191
The City retains the right to change its line vOltage or
classifications thereof at any time and after reasonable
advance notice to any customer affected by such change,
such customer then has the option to take service at the
new line voltage or to accept service through transformers
to be supplied by City subject to the voltage adjustments
above.
CONTRACT:
The City may require the customer to sign a
written contract which shall have a term of not
less than one (1) year.
Special Conditions:
Customers shall not resell electric service
received from the City under provisions of this
schedule to any person.
The City retains the right to change its line voltage or
classifications thereof at any time and after reasonable
advance notice to any customer affected by such change,
such customer then has the option to take service at the
new line voltage or to accept service through transformers
to be supplied by City subject to the voltage adjustments
above.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch 50 Large govt Users 11-1-09.xls
9/16/2009
City of Ashland, Oregon
Commercial Service
Applicable:
This schedule is applicable to non-residential
and multiple-family residential customers
whose entire requirements are supplied
hereunder, and whose loads have never
registered 1,000 kilowatts or more, more than
once in any consecutive 18-month period.
Deliveries at more than one point, or more
than one voltage and phase classification, will
be separately metered and billed. Service for
intermittent, partial requirements or highly
fluctuating loads, or where service is
seasonally disconnected during anyone year
period will be provided only by special.
contract for such service.
Monthly billing:
The monthly billing shall be the sum of the
Basic, Demand, Energy, and Reactive Power
Charges, plus applicable Metering and
Delivery adjustments.
Basic Charge:
Basic Single Three
Charge Phase Phase
C 01 C 03
30 kW 13.81 27.63
or less
.
Over 51.82 89.81
30 kW
* Note: Kilowatt load size, for determination of
Basic Charge, shall be the average of the two
greatest non-zero monthly demands
established during the 12 month period which
includes and ends with the current billing
month.
SCHEDULE C01 &C03 Basic etc.
Demand Charge:
No charge for the first 15 kW of demand.
Price per kW for all kW in excess of 15 kW
3.30
Energy Charge:
Energy Charge Single Phase Three Phase
C 01 C 03
Per KWh for the 6.253 5.725
first 3,000
KWh
Per KWh for the 6.273 5.764
next 17,000
KWh
Per KWh for all 6.303 5.779
additional
KWh
Seasonal Defin ition:
Seasonal rates no longer in affect as of
July 2004.
Previously, summer months were defined as
the six regular billing periods May through
October.
Minimum Charge.
The monthly charge shall be the basic charge.
A higher minimum may be required under
contract to cover special conditions.
Reactive Power Charges.
The maximum 3D-minute reactive demand for
the month in kilovolt-amperes in excess of
40% of the measured kilowatt demand the
same month will be billed, in addition to the
above charges, at .62 cents per kvar of such
Effective on usage as of November 1, 2009
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch C01 & C 03 11-1-09.xls
9/16/2009
City of Ashland, Oregon
Commercial Service
SCHEDULE C01 &C03 Basic etc.
Page 2
Demand:
Demand shall be the kilowatts shown by, or
. computed from the readings of the City's
demand meter for the 30-minute period of
customers greatest use during the month,
determined to the nearest kilowatt.
Delivery
The City retains the right to change its line
VOltage or classification thereof at any time,
and after reasonable advance notice to any
customer affected by such change, such
customer then has the option to take service
at the new line voltage or to accept service
through transformers to be supplied by City
subject to the voltage adjustments above.
Contract:
The City may require the customer to sign a
written contract which shall have a term of not
less than one (1) year.
Special Conditions:
Customers shall not resell electric service
received from the City under provisions of this
schedule to any person.
Continuing Service:
This schedule is based on continuing service
at each service location. Disconnect and
reconnect transactions shall not operate to
relieve a customer from monthly minimum
charge.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch C01 & C 03 11-1-09.xls
9/16/2009
City of Ashland, Oregon
GOVERNMENTAL SERVICE
Applicable:
This schedule is applicable to governmental
customers whose entire requirements are
supplied hereunder, and whose loads have never
registered 1,000 kilowatts or more, more than
once in any consecutive 18-month period.
Deliveries at more than one point, or more
than one voltage and phase classification, will
be separately metered and billed.
Monthly billing:
The monthly billing shall be the sum of the
Basic, Demand, Energy, and Reactive Power
Charges, plus applicable Metering and
Delivery adjustments.
Basic Charge:
Basic Single Three
Charge Phase Phase
G01 G03
30kW 13.81 27.63
or less
Over 51.81 89.81
30kW
. Note: Kilowatt load size, for determination of
Basic Charge, shall be the average of the two
greatest non-zero monthly demands
established during the 12 month period which
includes and ends with the current billing
month.
Demand Charge:
No charge for the first 15 kW of demand.
Price per kW for all kW in excess of 15 kW
$3.38
Schedule G01 & G03
Page 1
Energy Charge:
Energy Charge Single Phase Three Phase
G 01 G03
Per kWh 7.562 8.077
for the
first 3,000
kWh
Per kWh 5.671 6.125
for the
next 17,000
kWh
Per kWh 5.315 5.742
for all
additional
kWh
* Note: Rates are shown as cents per kWh
Seasonal Definition:
Seasonal rates no longer in affect as of
July 2004 Cycle Seven.
Previously, summer months were defined as the
six regular billing periods, May through October.
Minimum Charge:
The monthly minimum charge shall be the basic
charge. A higher minimum may be required
under contract to cover special conditions.
Reactive Power Charges:
The maximum 30-minute reactive demand for the
month in kilovolt-amperes In excess of 40%
of the measured kilowatt demand the same
month will be billed, in addition to the above
charges, at 60 (cents) per kvar of such excess
reactive demand.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch G01 & G03 11-1-09.xls
"
9/16/2009
City of Ashland, Oregon
GOVERNMENTAL SERVICE
Demand:
Demands shall be the kilowatts shown by, or
computed from the readings of the City's
demand meter for the 30-minute period of
customer's greatest us during the month,
determined to the nearest kilowatt.
Delivery:
The City retains the right to change its line voltage
or classifications thereof at any time, and after
reasonable advance notice to customer affected
by such change. Such customer then has the
option to take service at the new line voltage or to
accept service through transformers to be
supplied by City, subject to the VOltage adjustments
above.
Contract:
The City may require the customer to sign a written
contract which shall have a term of not less than
one (1) year.
Special Conditions:
Customers shall not resell electric service received
from the City under provisions of the schedule to
any person.
Continuing Service:
This schedule is based on continuing service
at each service location. Disconnect and
reconnect transactions shall not operate to
relieve a customer from monthly minimum charges.
Schedule G01 & G03
Page 2
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch G01 & G03 11-1-09.xls
9/16/2009
City of Ashland, Oregon
SCHEDULES R 01 and R 03
RESIDENTIAL SERVICE
Applicable:
To single-family residential customers when
all service is supplied to one point of delivery.
Monthly Billing:
The Monthly Billing shall be the sum of the
Basic and Energy Charges.
Three-Phase Service (R 03)
For residential customers requiring three-phase
service, whose single-phase requirements are, or will
be supplied under any residential schedule, three-
phase service will be supplied only when service is
available from the City's presently existing facilities,
or where such facilities can be reasonably installed,
and in any event, only when deliveries can be made
by using one service for customer's single phase and
three-phase requirements. The demand charge
applicable only to customer's three-phase demand
shall be $3.16 for each kilowatt of demand, but not
less than $7.73 minimum basic charge.
The energy charge shall be in accordance with the
schedule set forth herein.
Basic Charge:
7.73 Per month
Energy Charge:
5.25gc per kWh for the first 500 kWh
6.46gc for all additional kWh
c= cents
Minimum Charge:
The monthly minimum charge shall be the
Basic Charge. A higher minimum may be
required under contract to cover special
conditions.
Continuing Service
This schedule is based on continuing service at each
service location. Disconnect and reconnect trans-
actions shall not operate to relieve a customer from
monthly minimum charges.
Special Conditions:
Residential Horsepower load requirements
of greater than 7.5 HP must comply with
the City of Ashland's Electric Service
Manual.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPgrpwiseIElec-Sch R01&r03 11-1-09.xls
9/16/2009
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Decision on the type of Tier 2 Power Resource Purchase
September 22, 2009 Primary Staff Contact: Dick Wanderscheid
Electric E-Mail: wandersd@ashland.or.us
Administration '} Secondary Contact: Martha Bennett
Martha Bennett e-t /(Iv Estimated Time: 15 minutes
Question:
What type of Tier 2 power resource does the City want to purchase from BP A under the new 20-year
Regional Dialogue contract?
Staff Recommendation:
Staff recommends that the City notify BPA that we will purchase Tier 2 power under the Short Term
Rate Plan for the period 2011-2014.
Background:
On November 4,2008, the Ashland City Council directed staff to execute a new 20-year Power Sales
contract with the Bonneville Power Administration. This contract runs from October 1,2011 through
September 30, 2028. Subsequently on April 7, 2009, the Council unanimously decided to rely on BP A
to supply the City's Tier 2 power. This decision was based upon staffs recommendation that the
City's load growth wouldn't subject the City to Tier 2 exposure for a number of years and the
increased complexity of purchasing a portion of our wholesale power from an entity other than BP A.
During this decision in April, the Council Communication indicated that the City would have a choice
of three different Tier 2 products from BP A. However we learned from BP A in August that for this
initial 3-year rate period of 20 11-20 14, only two Tier 2 products will be offered: The Short Term Rate
Plan and a Load Growth Rate Plan.
Purchasing under the Short Term Rate Plan would commit the City to purchase any Tier 2 resource
requirements greater than laMW through 2014 under the Short Term Rate. In 2014, the City could
continue to purchase under a Short Term Rate Plan or switch to the Load Growth Rate Plan or even a
Vintage Rate Plan, which BPA plans to offer at that time. Because BPA's projection of the City's
Tier 2 exposure, even before it is corrected for conservation, indicates that it won't likely exceed
laMW, the choice for the next rate period will have no financial impact on the City because all Tier 2
exposure less than laMW will be captured via a load shaping charge which will be the same regardless
of the City's choice of rate plans.
BPA expects the Short Term Rate Plan to consist ofBPA market purchases and will be driven by the
market price of electricity over the next 3 years. The Long Term product is a 17 year commitment, if
selected now, or 14 year commitment is selected at this end of this initial rate period. The Long Term
Rate Plan will consist of a mix of short and long term purchases where the resource selected will be
primarily driven by the lowest life cycle costs.
Page I of2
~~,
CITY OF
ASHLAND
Purchasing under the short term rate would still allow the City to switch to the Load Growth Rate at
the end of this initial rate period. However, the rate available then could be different, possibly higher,
than the rate available to utilities that select this rate plan now.
BP A also plans on offering a Vintage Rate Plan after this initial rate period. The Vintage Rate Plan
would be based on customer interest and resource selection would be driven by the targeted resources
with the lowest life cycle costs. There will likely be a renewable Vintage Rate available to supply Tier
2 requirements so Utilities that want or need to purchase renewable resources to meet Federal or State
requirements. Selecting the Short Term Rate Plan would allow the City to switch to the Vintage Rate
Plan after the initial rate period.
Conclusion:
Since the City is very unlikely to face any Tier 2 exposure during the 20] 1-20] 4 rate period of greater
than ]aMW, the choice between the Short Term or Load Growth Rate Plan will have no financial
impact on the City's wholesale power bill.
Selection of the Short Term Rate Plan now preserves the choice to switch to the Load Growth or
Vintage Rate Plans or continue with the Short Term Plan in 20]5. This would allow the City to
become comfortable with the change in wholesale billing under tiered rates, have knowledge of the
initial costs of both the Short Term and Load Growth Plans before deciding how to serve Tier 2 load
for the remaining 14 years of the contract,. Also, the Vintage Rate options will be developed and
could provide another choice the City might choose after the initial 3, year rate period.
Therefore, staffrecommends that the City notify BP A that our choice for Tier 2 power service in the
20] ]-20]4 will be served by the Short Term Rate Plan. BPA needs to be notified of the decision by
November],2009.
Related City Policies:
N/A
Council Options:
]) Choose to serve the City's Tier 2 load with the Short Term Rate Plan
2) Choose to serve the City's Tier 2 load with the Load Growth Rate Plan.
Potential Motions:
Move to authorize the City staff to notify BP A that the City will serve our Tier 2 load for the period
20] 1-2014 with BPA's Short Term Rate Plan.
Attachments:
None
Page 2 of2
r~'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing to Increase Transportation and Storm Drainage Utility Fees
Effective November 1, 2009
September 22,2009 Primary Staff Contact:
Administrative Services E-Mail:
Public Works Secondary Contact:
Martha Bennett /yiJ Il-Iv Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
Mike Faught
30 minutes
Question:
Will the Council approve increases to the Street Fund, Transportation and Storm Drainage utility fees
effective November I, 20097
Staff Recommendation:
Staffrecommends Council consider this information provided and adjust rates as discussed.
Background:
Rates and fees for enterprises should be reviewed and considered for adjustment each year. Most of
the City's enterprises have forces putting pressure on rates beyond our own control and these pressures
cannot be ignored. Because there are four major enterprises (Water, Wastewater, Electric and
Telecommunications, each with their own fund) and two utility systems (Transportation and Storm
Drainage, both managed in the Street Fund by the Street Division and the Stornl Water program) the
City is often in a process of evaluating one or two systems, having just finished a review of two and
looking ahead to see when the other two need to be reviewed.
In between reviews, staffprojects possible adjustments in the annual budget document and reports
effectiveness and financial condition of all six in quarterly and annual financial reports. A summary of
Actual, Budgeted, Recommended and those to be determined (TBD) adjustments is below:
FY 2006 FY 2007 FY 2008 FY 2009 FY 2009 FY 2010 FY 2010
Actual, Budgeted & Recommended Actual Actual Actual Actual (811/08) Actual (4/20109) Budgeted Recommended
Transportation Utility Fee 8.1% 0.0% 15.0% 3,0% NfA 3.0% 3.0%
Storm Drain Utility Fee 8.4% 0.0% 50.0% 10.0% N/A 3.0% 3.0%
Water Fees 3.5% 0.0% 6.0% 4%.7.8% 10.0% 10.0% TBD
Wastewater Fees t 3.0% 0.0% 10.0% 3.0% 20.0% 40.0% TBD
Electric Rate Increase 0.0% 0.0% 8.7% 0.0% N/A 5.0% 4.0%
Electric Surcharge Elimination in FY 2008 . .10.0% 0.0% .16.6% N/A NfA
Telecommunications 5.0% N/A 0.0% TBD
(January1,2009)
* FY 2010 through FY 2012 increases dependent upon Food & Beverage Tax renewal. TBD . to be determined
Page 1 of5
r:.,
CITY OF
ASHLAND
A delay in a review or implementation of a proposed adjustment may result in a slightly larger one the
next time around. The infrequent decreases that have been implemented generally resulted in a .
reduction of the corresponding ending fund balance. Too large ofa reduction in one or more
proprietary EFB can risk the City's credit rating. On the other hand, infrequent and large increases
negatively impact the customer and create peaks and valleys in a fund or city-wide financial stability.
Significant swings can also obscure true operational trends as staff projects into the future.
The chart below is an overview of all enterprise and utility operating Ending Fund Balances (EFB).
Comparison of Operational Ending Fund Balances
with Total Trend Line - All Utilities
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
$(1,000,000) .
TOTdl
TGTAlo
TOTA[
TOTAL
TOT L
Actual
Actual
Actual
Actual
Actual
Actual
Budget
Projected
_ Electric Fund
DIIIIJ Telecom
t-..........Water Fund
= TOTAL
~Wastewater Fund
-Linear (TOTAL)
c::::::J Street-Transportation lZZZJ Street-Stormwater
The above chart demonstrates that the TOTAL of all operating fund balances has reduced from nearly
$8 million to a projected $6 million or less over a seven year period. This is a significant trend for
enterprises with total operating budgets of$28 million, of which, over half of the corresponding
revenues are directly impacted by weather changes. However, recent managerial decisions about
capital projects financing, related debt service and rate adjustments to address changes in revenue
streams (like water sales and food & beverage tax proceeds) has reduced the downward slope
presented in the chart. This translates into an improved financial forecast but not one without some
potential difficulty in the near future.
The remainder of this communique addresses the needs within the Street Fund, only. A separate
Council action will be requested this month for the Electric Fund. Since Water and Wastewater rates
were changed in April, 2009, a review on the impact and results from water curtailment is anticipated
for February, 2010. Telecommunication Fund (AFN) changes will be submitted as needed.
Transportation (Street Division) and Storm Drainage (Storm Water program) Utilities
The Street Fund is a Special Revenue fund because of the state revenue sharing (gas tax) it receives.
The fund accounts for two systems, the Street Division (Transportation Utility) and the Storm Water
Program (Storm Drainage Utility). The fund also includes Grounds Maintenance expenses for the
plaza and boulevards performed by Ashland Parks, potential LID debt service and Contingency.
Page 2 of5
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CITY Or
ASHLAND
The FY 2009-2010 Street Fund budget is approximately $6.1 million including $3.3 million in capital
expenditures for Street program, Storm Water program and Local Improvement District (LID) projects.
The long-term budget indicates the need to borrow $3.5 million for capital improvements before 2015
(including LID financing). The Capital Improvement Program also identifies $15.1 million in
unfunded transportation projects and $3.5 million in unfunded storm water projects from FY 2010
through FY 2015.
There are no significant amounts of debt outstanding at this time for street or storm drain
improvements.
The table below is an overview of the FY 2009-2010 budget adopted last June.
Street Fund
FY 2009-2010 Budget Comparison Transportation Storm Drain
Operational Revenue:
Charges for Service (excludes increase)
Gas Tax
Miscellaneous
$
1,238,000 $
890,180
7,500
2,135,680 $
Total
Operational Expense:
Personal Services
Materials & Services
Capital Outlay
Plaza Maintenance
Contingency
$
$
575,900 $
1,152,690
5,500
197,068
567,000
7,500
574,500
254,898
272,980
~,~,QQ2j
Total
Revenues Over (Under) Expenses
$ 1,991,158 $
$ 144,522 $
$ 'l.?_875,206 $
,
i 240,000
Operational Ending Fund Balance
Target
557,878
16,622
Difference
(~_01 ,629)
61,000
Budgeted Rate Increase.
Estimated Revenue Impact - annualized
3.0% 3,0%
$ 37,100 $ 17,000
3.0% 3,0%
1-Nov.09 1-Nov-09
$ 24,900 $ 11,400
Proposed Increase
Proposed Implementation Date
FY 2009-2010 Revenue Impact
The table shows that the Street Division needs the gas tax, in conjunction with the Transportation fee,
to pay for operations. Its allocated EFB offsets the historical short fall in the Storm Water program
where the Storm Drainage fee has recently been increased to address most of the related operational
costs. Neither program generates sufficient proceeds for important CIP needs or related debt service.
Page 3 of5
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CITY OF
ASHLAND
,
Transportation:
Gas Tax revenue sharing was $832,860 in FY 2008-2009 but it has averaged over $979,000 in prior
years. A preliminary estimate of additional state subventions from vehicle registrations is in the
$400,000 to $500,000 range but the revenue is not expected for a year or two. Council will have to
determine how best to use that money, whether for repairs or operations, and it will require budget
approval from the Budget Committee. .
Actual 2008 to 2009 Street Operations personnel costs increased 2.4% while materials and services
rose 2.0% during the same time. Personnel costs were kept low due to lower PERS retirement costs,
reductions in health care premiums and one position being eliminated during FY 2008-2009. Less
overtime was required for street maintenance during winter in FY 2008-2009 aiding in a low
percentage increase.
Projections indicate operational revenue (including rising or stable gas tax proceeds) and operational
expenses remain fairly balanced with routine utility fee increases and limiting capital projects funded
through cash reserves or debt service paid by rates. It appears this balance will support the budgeted
CIP through 2015 but does not provide a solution for the $15.1 million unfunded projects.
A 3% Transportation Utility fee increase was included in the budget and staff recommends that
increase be implemented effective November L 2009. The impact is $0.23 per month on a single
family dwelling.
Storm Drainage:
Actual 2008 to 2009 Storm Water Operations personnel costs decreased 8.5% while materials and
. services rose less than I % during the same time. Overall decreases in personnel were caused by lower
PERS retirement costs, reductions in health care premiums and one position being eliminated during
FY 2008-2009
Recent history indicates storm water operational revenue and operational expenses have been out of
balance for some time but improving in recent years. This utility has not been able to create a positive
fund balance and is overly dependent upon the Street Utility to guard against shortfalls. It also does
not have a solution for new debt service or the $3.5 million in unfunded projects.
This system is being studied at this time and a report from Public Works will be forth coming that
addresses Strom Water needs.
A 3% Strom Drainage fee increase was included in the budget and staff recommends that increase be
implemented effective November 1,2009. The impact is $0.12 per month on a single family dwelling.
Summary Review of rate adiustments:
Staff has had as a goal for many years to split the Street Fund in two, separating storm water from
street and transportation related activities and funding sources. The under-funded condition of the
storm drain system removes the potential for being separate in the near future, Rate adjustments can
and should reflect this condition however, a study by Public Works is currently underway which may
result in appropriate, material adjustments to remedy this condition at that time.
Page 4 of 5
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CITY Or
ASHLAND
The budget was built with a 3% increase in both programs in FY 2009-2010 and a 4% adjustment each
year thereafter to help resolve the issues identified above.
The under- funded CIP in both systems could be the basis for larger increases than budgeted but the in
process study in Storm Drain and the potential for other state subvention revenue for Transportation
compels staff to do small adjustments in FY 2009-2010 and monitor both programs into FY 2010-
2011.
The two proposed 3% rate increases for transportation and storm drain operations total $0.35 per
month or $4.20 per year for a single family dwelling.
Related City Policies:
Financial Management Policy
Council Options:
Council can:
1. Accept the increases proposed by staff.
2. Raise or lower any or all increases based upon discussions.
3. Defer rate changes for additional information.
Potential Motions:
Council moves to accept staff proposal and raise utility fees per the attached resolutions and rate
schedules.
Attachments:
Resolutions for Transportation, Storm Drainage
Page 5 of 5
r.l'
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING A TRANSPORTATION UTILITY FEE SCHEDULE
PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4,26 AND REPEALING
RESOLUTION 2008-19.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The ''Transportation Utility Rate Schedule," marked "Exhibit A" and
attached to this Resolution, is adopted as the transportation utility fee incorporating a
3% rate increase effective November 1, 2009.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The fees adopted pursuant to this Resolution shall be effective November
1,2009.
SECTION 4. Resolution 2008-19 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of September, 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of1
Exhibit A
City of Ashland
TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2009-
Effective Date, November 1, 2009
3% rate increase
rransportation Fee effective 8/1/2008 effective 1111/2009 Unit
A. Single Family S 7.71 S 7.94 Per month
B. Multiple Family S 5.88 S 6.05 Per month per unit
C. Retail Store S 1.05 S 108 Per month per 100 sq It.
D. Wholesale Use S 0.62 $ D.63 Per month per 100 sq It.
E Office Use $ 0.70 $ 0.72 Per month per 100 sq ft.
F. MedlcallDental Use S 0.95 $ 0.97 Per month per 100 sq ft.
G. Service Use S 0.95 S 0.97 Per month per 100 sq ft.
H. RestauranUBar Use S 2.76 S 2.84 Per month per 100 sq ft.
I. Manufacturing Use S 0.62 S 0.63 Per month per 100 sq It.
1. Warehousing Use $ 0.35 S 0.36 Per month per 100 sq ft.
K. HotellMotel Use $ 2.76 $ 2.84 Per month per guest room
L. Institutional and all other accounts not $ 2.76 $ 2.84 Per month per required parking spaces
classified above. Including nursing as specified in Chapter 18.92.
homes and retirement homes
M. Churches and places of Worship Exempt
NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
S 7.71 S 7.94
C\DOCUME-l\shipletdILOCALS-1\TempIXPgrpwiseIRes Exhibit A Transportation lee increase 2009. revised lor 3%.xls
9/16/2009.10:47 AM
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING A STORM DRAIN UTILITY FEE SCHEDULE
PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4.27.050 AND REPEALING
RESOLUTION 2008-18.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Storm Drain Utility Fee Schedule," marked "Exhibit A" and attached
to this Resolution, is adopted as the Storm Drain Utility fee incorporating a 3% rate
increase effective November 1, 2009.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the
office of the City Recorder and shall be available for public inspection during regular
business hours.
SECTION 3. The Fees adopted pursuant to this Resolution shall be effective November
1, 2009.
SECTION 4. Resolution 2008-18 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the
limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No.5).
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of September, 2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
Page 1 of 1
Exhibit A
City of Ashland
STORM DRAINAGE UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2009-
Effective Date, November 1, 2009
Storm DrainaQ8 Fee
A. Single Family
B. Condominium. '.9 Units
C. Multi.Family. 1.9 Units
D. Mobile Home & Trailer. '-9 Unites
E. All other uses not classified above
F. Minimum charge per account
3% rate increase
effective 811/2008 effective 1111/09 Unit
$ 4.0S $ 4.17 Per month
S 1.75 S 1.80 Per month per unit
$ 1.75 $ 1.80 Per month per unit
$ 1.75 $ 1.80 Per month per unit
$ 135 $ 1.39 Per 1000 square feet impervious area
$ 4.05 $ 4.17 Per month
NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
$ 4.05 $ 4.17
C:\DOCUME- 1Ishlpletd\LOCALS- 11TempIXPgrpwiselRes Exhibit A Storm Drain fee Increase 2009 revised for 3%.xls
9116/2009,10:50 AM
CITY OF
ASHLAND
Council Communication
Public Hearing: Disposition of Clay Street pursuant to IGA
Meeting Date: September 22,2009 Primary Staff Contact: Richard Appicello
Department: Legal Department E-Mail: appicelr@ashland.or.us
Secondary Dept.: Community Development Secondary Contact: Brandon Goldman
Approval: Martha Bennett ,,-t-~ (. Estimated Time: 10 minutes
,., IX'
Question:
Will the Council approve conveyance of deeds to implement the provisions of the IGA with the
Housing Authority of Jackson County?
Staff Recommendation:
Staff recommends Council approval of the conveyances necessary to effectuate the Agreement.
Background:
On December 8, 2008 the City Council approved an Intergovernmental Agreement with the Housing
Authority of Jackson County concerning the purchase and development of land located at 380 Clay
Street in Ashland. The Agreement calls for the City and Housing Authority to jointly acquire the
property as tenants in common and following partitioning into three parcels, to make such conveyances
as are necessary to separate the property into separate ownerships [2 parcels for the City constituting
approximately 60% of the site and one parcel for HAJC constituting the remainder). The partitioning
into three parcels was approved by the Council on August 18,2009. The conveyance of deeds must
now occur for development to proceed.
Disposition of property to an entity for affordable housing purposes is expressly authorized in ORS
271.330. This is such a conveyance from the City to the Housing Authority. The Housing Authority
will also be conveying to the City, its interests in the 60% of the property to be owned solely by the
City. The Administrator is delegated authority to accept such conveyance to the City under AMC
2.28.045. However, ORS 221.725 requires a public hearing before the sale or other disposition ofreal
property by the City. The Council has not previously conducted a public hearing on the proposed
disposition [i.e. advertised in accordance with ORS 221.725] nor has the Council delegated this kind of
disposition to the City Administrator. The Council is asked to take public comment, ifany, on the
proposed disposition, that is, the conveyance by the City of the City's interest in the 40% to be owned
solely by the HAJC.
Related City Policies:
AMC 2.28.045
Council Options:
(I) Approve the conveyance ofreal property to the HAJC to implement the IGA.
(2) Postpone approval.
Page 1 0[2
~~,
CITY OF
ASHLAND
Potential Motions:
Council: Move to approve the conveyance of real property to the Housing Authority of Jackson
County to implement the [GA.
Attachments:
None.
Page 2 of2
~~,
-~
LEAGUE
~ Oregon
CITIES
84th ANNUAL LaC CONFERENCE
October 1-3, 2009 . Doubletree Lloyd Center, Portland
Designation of ~oting Delegate
at Annual Membership Meeting
The annual membership meeting will be held Saturday, October 3, at 8:00 a.m. Each city is
entitled to cast one vote at the business meeting; however, ill! city officials are encouraged to
attend the meeting.
Use this form to indicate those persons who will represent your city as a voting delegate and
alternate delegate. The voting delegate or alternate should pick up a voting card at the
Conference Registration Desk on Saturday morning prior to entering the business meeting.
NOTE: Delegates mav not vote without a voting card. and voting cards will be issued only to a
person indicated on this form. Voting by proxv will not be permitted.
FOR THE CITY OF
VOTING DELEGATE:
Name
Title
ALTERNATE:
Name
Title
Return by September 21 to:
League of Oregon Cities
Attn. Wendy Denney
P.O. Box 928
Salem, OR 97308
Fax: (503) 399-4863
Submitted by
(Signature)
Name
Title.
Telephone
CITY OF
ASHLAND
Council Communication
Amending AMC Chapter 2.41 Voluntary Campaign Contribution/Spending Limit
Meeting Date: September 22,2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder's Office E-Mail: christeb@ashland.oLus
Secondary Dept.: City Attorney Secondary Contact: Richard Appicello
Approval: Martha Bennett ~:,v Estimated Time: 5 minutes
Question:
Would the Council approve second reading of the ordinance to amend Ashland Municipal Code
Chapter 2.41 "Voluntary Contribution & Spending Limits for Candidates for City Offices"?
Staff Recommendation:
Recommendation is to approve second reading of ordinance.
Background:
In 1995 Councilor Steve Hauck initiated AMC 2.41 "Voluntary Contribution & Spending Limits for
Candidates for City Offices," which was then adopted in 1995.
Second reading of ordinance includes correction to Section 2.41.050 (B) and (C) to indicate the correct
subsections; formula revised to reflect discussion by council on concern that the postage rate be held to
a percentage increase based on the current CPI-all urban consumer Portland index; and appeal process
includes a hearing by an officer selected by the council.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
Approve/disapprove second reading of ordinance.
Potential Motions:
Motion to approve/disapprove second reading of ordinance.
Attachments:
Proposed Ordinance AMC 2.41
Page I of I
!'A1
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2.41 CONCERNING
VOLUNTARY CONTRIBUTION AND SPENDING LIMITS FOR CANDIDATES
FOR CITY OFFICES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" .. . .L and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiohters, Local 1660, Beaverton Shop, 20 Or.
App. 293, (1975); and
WHEREAS, the City Council requested the City Recorder review the City's voluntary
campaign finance limits and recommend any desirable changes; and
WHEREAS, on the recommendation of the City Recorder, the City of Ashland wishes to
modify City Ordinances relating to Voluntary Contribution and Spending Limits for
Candidates for City Offices to be more consistent with the requirements of state law;
and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. AMC Chapter 2.41 is hereby amended to read as follows:
Section 2.41.010 Definitions.
The words and phrases used in this chapter shall be construed as defined in ORS
Chapter 260 - Campaicm Finance ReQulations,
The following words nnd phmsos whenever usod in this chapter shnll be construed ns
defined in this section unless from the context n diffment menning is intended.
^- "Cnndidate" menns:
Page 1 of 10
1. .^.n individual whose name is printed on 3 ballot, for whom 3 decl3r3tion of
c3ndidacy or nomin3ting petition has been filed, who requested 3 t311y of
write in votes under ORS 249.007 or whose name is expected to be or has
been prosented with the individu31's consent, for election to public office;
2. .^.n individual .....ho has solicited or received and 3ccepted 3 contribution, m3de
3n expenditure, or given consent to an individual, organization or political
committee to solicit or receive and accept a contribution or make an
expenditure on the individual's beh31f to secure election to any public office at
3ny time, 'Imether or not the office who which the individual "..ill seek election
is known .....hen the solicit3tion is m3de, the contribution received and ret3ined
or the expenditure is made, and whether or not the name of the individual is
printed on the ballot; or
a. ^ public office holder ag3inst whom 3 rec311 petition h3s been completed 3nd
fiIe€h
B. Except 3S provided in section 2.41.020,
1. :Contribute" or "contribution" includes:
3. The p3yment, loan, gift, forgi'/ing of indebtedness, or furnishing without
equivalent compensation or consideration, of money, services other
than person31 services for which no compens3tion is 3sked or given,
supplies, equipment or any other thing of value:
i. For the purpose of influencing 3n election for public office or of
roducing the debt of a candidate for election to public office or the debt
of a political committee; or
ii. To or on behalf of a candidate, politic31 committee; 3nd (ORD 2794,81
4-99+1
2. Regarding a contribution m3de for compensation or consideration of less than
equivalent value, only the excess value of it shall be considered 3
contribution.
C. "Elector" means: 3n individual qualified to vote under section 2, /\rticle II, Oregon
Censtitution.
D. Except as provided in section 2.11.020, "expend" or "expenditure" includes the
payment or furnishing of money or any thing of value or the incurring or
repayment of indebtedness or obligation by or on behalf of a candidate, politic31
committee or person in consideration for any services, supplies, equipment or
other thing 'of value performed or furnished for 3ny re3son, including in support of
or in opposition to a candidate,. political committee, or for reducing the debt of 3
candidate for election to public office. "Expenditure" 31so includes contributions
m3de by 3 candid3te or political committee to or beh31f of nay other candidate for
public office or political committee. (ORD 2794, 82 1997)
E. "Independent expenditure" means an expenditure by a person for a
communication expressly advocating the election of a clearly identified candidate
Page 2 of 10
that is not made with the cooperation or with the prior conE:ent of, or in
conwltation with, or at the requeE:t or E:uggeE:tion of, a candidate or any agent or
3uthorized committee of the c3ndidate. AE: uE:ed in thiE: E:ubE:ection:
1. "/\gent" me3ns any perE:on who h3E::
a. Actual oral or '....ritten authority, either express or implied, to m3ke or to
authorize the making of expenditureE: on behalf of a candidate; or
b. Been pl3ced in 3 pOE:ition within the camp3ign organization '....here it would
reaE:onably appear that in the ordinary courE:e of c3mpaign rel3ted
activitieE: the perwn m3Y 3uthorize expenditureE:.
2. "Clearly identified" means:
a. The name of the candidate involved 3ppe3rE:;
b. l\ photogr3ph or dr3wing of the candidate appears; or
c. The identity of the candidate iE: app3rent by un3mbiguouE: reference.
3. "ExpreE:E:lv 3dvoc3tinq" meanE: any communication cont3ining 3 meE:E:3ge
3dvocating election or defe3t, including but not limited to the name of the
candidate, or expreE:sions such as "vote for," "elect," "E:Upport," "caE:t your
ballot for," or "vote against," "defeat" or "reject."
4. "Made with the cooper3tion or with the prior conE:ent of, or in conE:ult3tion
with, or at the request or suggeE:tion of, 3 c3ndidate or any agent or
3uthorized committee of the candidate":
a. Me3nE: 3ny 3rrangement, coordination or direction by the candidate or the
candid3te'E: agent prior to the publication, diE:tribution, diE:play or broadc3E:t of
the communication. An expenditure E:hall be preE:umed to be m3de E:O when it
is7
i. BaE:ed on information 3bout the candidate's planE:, projectE: or needE:
provided to the expending perwn by the candid3te or by the candidate's
3gent, with 3 view toward having an expenditure made; or
ii. Made by or through any perE:on who is, or has been, 3uthorized to
r3iE:e or expend fundE:, who is, or h3E: been, 3n officer of a politiC31
committee authorized by the candid3te or who iE:, or has been, receiving
any form of compenE:3tion or reimbursement from the candidate, the
c3ndid3te'E: principal camp3ign committee or agency: 3nd
b. Does not include providing to the expending person upon request 3 copy of
this chapter or any rules adopted by the recorder relating to independent
expenditureE:.
F. "L:Jbor or-ganization" meanE: :Jny organization of any kind, or any agency or
employee representation committee or plan, in which employees participate and
that exiE:tE: for the purpoE:e, in whole or in part, of dealing with employerE:
concerning griev:JnceE:, labor disputeE:, w:JgeE:, rates of pay, hourE: of employment
or conditionE: of '....ork.
G. "Person" me:JnE: an individual or:J corpor:Jtion, aE:wciation firm, p:Jrtnership, joint
E:tock comp:Jny club, org:Jniz3tion or other combin:Jtion of indi'/idualE: h:Jving
collective cap:Jcity.
Page 3 of 10
H. "Politic31 committee" means a combination of two or more individuals, or 3
person other than an individual, that has received a contribution or made 3n
expenditure for the purpow of:
1. Supporting or opposing a candidnte; or
2. Making independent expenditures in E:Upport of or in opposition to n
c3ndid3te. (ORD 29791 S1, 1997)
I. "Public office" menns nny city office or position thnt is filled by the electors.
J. "With respect to n single election" menns, in the C3se of 3 contribution to a
c3ndid3te for public office:
1. The next election to thnt public office, 3fter tho contribution is m3de; or
2. In the cnse of n contribution mado after an election 3nd design3ted in writing
by the contributor for the previous election, the election E:O designnted. ,II.
contribution m3Y be design3ted for 3 previous olection under this subsection if
the contribution does not exceed the expenditure deficit of the c3ndid3te or
principal campaign committee of the c3ndidnte receiving the contribution.
Section 2.41.020 Contribution and Expenditure Exclusions.
Contribution and Expenditure Exclusions shall be as defined and set forth in ORS
Chapter 260 - CampaiQn Finance ReQulations,
As uwd in this chapter, "contribute," "contribution," "expend" or "expenditure" does not
include:
I\. .'\ny ',witten news story, comment3ry or editorial distributed through the facilities
of any broadcasting st3tion, newsp3per, magnzine or other periodic::1I publication,
unless a politic31 committee own& the facility;
B. I\n individual's use of the individual's mom person31 residonce, including 3
community room 3ssoci3ted 'Nith the individual's residence, to conduct a
reception for n cnndidnte, nnd tho cost of invit3tions, food and beverages
provided nt the reception;
C. II, vendor's sale of food and beverages for use in a candidate's c3mp3ign at
charge less th3n the norm31 compnrable charge, if the chmge is at least equ31 to
the cost of the food or bevorages to the vendor;
D. Any unreimburwd payment for travel expenses an individual m3kes on behalf of
3 c3ndidate;
E. /\ny 103n of money mndo by a stnte bank, 3 f{)der3l1y chnrtered depository
institution or n dopository institution inE:Ured by the Federal Deposit Insurance
Corpor3tion, Federal Savings and L03n Insumnce Corporation or the ~btional
Credit Union I\dministration, other than 3ny ovordmft charge m3de with respect
to a checking or s3vings 3ccount, if the loan be3rs the usunl nnd custom3!)'
interest rates for the category of 103n involved, is made on the bnsis thnt assures
rep3yment, is evidenced by 3 written instrument and is subject to a due d3te or
3mortizntion schedule. Each endorser or gumantor of the 103n, however, Sh311 be
considered to have contributed th3t portion of the tot31 3mount of the loan for
Page 4 of 10
which the perwn ngroed to be linble in 3 written ngreement, except if the
endorser or gumnntor is the cnndidnte's spouse;
F. I\ny nonpnrtisnn nctivity designed to encoumge individu31s to vote or to register
to '/ote;
G. Any communic3tion 3 membership org3niz3tion or corpor3tion mnkes to its
members, shmeholders or employees if the membership org3niz3tion or
corpomtion is not orgnnized primnrily for the purpose of influencing 3n election to
offico; nnd
H. The pnyment of compensntion for legal and accounting services rendered to a
c3ndidate if tho porson pnying for the sorvices is the regular employer of the
individu31 rendering the services 3nd the sorvices me solely for the purpose of
insuring complinnce with the provisions of this ch3pter.
Section 2.41.040 Expenditure Limit Definitions.
The words and phrases used in this chapter. includina specificallv Expenditure
Limit Definitions. shall be construed as defined in ORS Chapter 260 - Campaiqn
Finance Reaulations.
As usod in sections 2.11.010 to 2.11.090:
fl,. ".'\ttribut3ble expenditure" me3ns nn exponditure from contributions, including
3ny 103ns received, including nccounts payable, m3de or 3uthorized:
1. By the candidate or a person 3cting for the candidate;
2. For the trensurer of the cnndidate or the c3ndid3te's principnl campnign
committee;
3. For another person or politic31 committeo under the direction or control of tho
c3ndid3to or the tronsuror of the cnndidate or tho c3ndidate's principal
campaign committee.
B. ".'\ttribut3ble expenditure" does not include an expenditure thnt is n repayment on
3 lonn or nn indepondent expenditure.
C. "Recorder" menns the City Recorder. .
D. "With respect to the spocial or primary election" moans the period boginning on
the datE) that the name of a treasurer is certified to the recordor undor ORS
260.035 or 260.037 or the d3Y following the last d3Y of the nccounting period for
n previous statement of contributions recoived or expenditures mnde if the
statement shows an expended balnnce of contributions or an oxpenditure deficit,
3nd ending on tho 20th day atter the date of the special or primary election.
E. "'lVith respect to the geneml election" means the period extending from the date
the name of n treasurer for the c3ndid3to or the principal c3mpnign committee of
the c3ndid3te is certified to the recorder 3nd ending on December 31.
Section 2.41.050 Expenditure Limits.
A. A candidate for public office may file a declaration of limitation on expenditures
as described in section 2.41.060 with the recorder stating that the candidate,
including the principal campaign committee of the candidate, will not make
Page 5 of 10
attributable expenditures in excess of $2,500 a dollar amount eaual to the
sum resultina from application of the followina Expenditure Limit Formula:
(County Verified Number of Reaistered Voters in the City of Ashland on
January 1 of the current year) multiplied times (the postaae rate for a piece
of First Class Reaular Mail on January 1. 2010, adiusted annually, but not to
exceed a percentaae increase on an annual basis which is eaual to the
current CPI-all urban consumer Portland index) for any public office.
B. For purposes of this section, attributable expenditures made prior to the
applicable special, primary or general election reporting period in consideration
for goods to be delivered or services to be rendered solely during the special,
primary or general election reporting period shall be charged against the
expenditure limits described in subsections A and B of this section in the
reporting period during which the goods or services are delivered.
C. A candidate or political committee described in subsections A and B of this
section who have filed a declaration under this section stating that the candidate
or committee will not make attributable expenditures with respect to the special,
primary and general election in excess of the limits described in subsections A
and B of this section shall not be bound by the declaration if any opposing
candidate or political committee for the same public office at the same election
has not filed a declaration indicating that the candidate or political committee will
limit expenditures or has filed the statement but has made expenditures
exceeding the applicable limit. (ORD 2794, S7 1997)
D. The recorder is authorized to adjust annually on ApFiI January 1 st of each year
the expenditure limits imposed by this section to account f-or inflation, based
on the Consumer Price Index !'.II Urban Consumer Portland Index (CPI U)
December to December. calculated by the Expenditure Limit Formula,
identified in Section 2.41.050.A. above.
Section 2.41.060 Declaration of Limits on Expenditures.
A. The declaration of limits on expenditures filed under section 2.41.050 shall certify
that with respect to the special, primary or general election, the candidate or the
principal campaign committee of the candidate or political committee will not incur
attributable expenditures in excess of the applicable expenditure limit described in
section 2.41.050.
B. The recorder shall prescribe forms for the filing of the information required by this
section. The forms shall also include the name of the candidate by which the .
candidate is commonly known and by which the candidate transacts important
private or official business. (ORD 2794, S8 1997)
C. The declaration shall be filed with the recorder:
1. For a candidate, not later than the date the candidate files the name of the
candidate's campaign treasurer; and
2. For a political committee, not later than the date that the name of a treasurer is
certified to the recorder under ORS 260.035 or 260.037.
Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure.
Page 6 of 10
Expenditures Not Qualifyina as an Independent Expenditure shall be as defined
and set forth in ORS Chapter 260 - Campaian Finance Reaulations.
t,. t,n exponditure not qualifying ns nn independent oxpenditure shall be considered an
in kind contribution to tho c3ndid3to or tho princip31 cnmpnign committoo of the
candidate or political committee and an expendituro by tho c3ndid3to or tho princip31
c3mpnign committeo of tho cnndid3te or politicnl committoe.
B. For purposos of section 2.11.050, tho 3mount of 3n exponditure not qU3lifying ns an
indopendent expendituro shall count against the expenditure limits of the c3ndid3te
or politic31 committee for whoso benefit the expenditure was mndo.
C. For purposos of the contribution limitations establishod by soction 2.11.030, the
3mount of 3n expondituro not qU31ifying 3S 3n independent expenditure shall count
3gninst the contribution limits of tho person or politic31 committee m3king the
oxpondituro.
D. No porson, including n c3ndidate or political committee, shall report 3n exponditure
ns an independent expenditure if the oxpenditure does not qualify ns an independont
expenditure under section 2.11.01 O.E.
Section 2.41.080 Procedures and Appeals.
A. With respect to any election, the recorder shall examine each contribution and
expenditure statement of each candidate and political committee who filed a
declaration of limitation on expenditures under section 2.41.050 to determine
whether any candidate or political committee exceeded the applicable expenditure
limit. If the recorder determines after any filing that a candidate or political committee
has exceeded the applicable expenditure limit, the recorder shall send a notice of
the recorder's determination to the candidate or the treasurer of the political
committee. Notice shall be sent by certified mail, return receipt reauested.. If
the recorder determines that the recorder or any candidate for election to an office
for which the recorder is also a candidate for election has exceeded the applicable
expenditure limit, the information shall be sent to the city attorney, who shall be
substituted for the recorder in any enforcement proceeding under this section and
section 2.41.090. The notice also shall state that the candidate may appeal the
recorder's or the city attorney's determination as provided in this section.
B. An Appeal of the City Recorder or City Attorney's determination under
subsection A shall be processed in accordance with the Uniform
Administrative Appeals Ordinance AMC 2.30.. except that the appeal shall be
filed and processed in the office of the City Administrator and the Hearina
Officer will be selected by City Council. The appeal must be filed within ten
(10) calendar days of the date of mailina of the notice of determination. A
heming to contest tho dotormin3tion thnt n candidato or politic31 committoe h3s
viol3ted the decl3r3tion of limitation on expenditures 3S described in subsection /\ of
this soction 3nd to considor circumst3ncos in mitigntion shnll bo hold bofore n
h03rings officer nppointod by tho city 3dministmtor:
1. Upon request of tho candid3to or politicnl committee, if tho request is made not
Page 7 of 10
bter th3n the seventh dny 3fter the candidate recoived tho notice sent under
subsection ,\ of this section; or
2. Upon the recorder's or city 3ttornoy's own motion if the motion is filed not 13ter
th3n the seventh dny nftor the c3ndidnte received the notice sent under
subsection /\ of this section.
C. 1\11 p3rties Sh311 be afforded 3n opportunity for heming after re3sonable notice,
served personally or by IOgistered or certified mail.
1. The notico shall include:
I. /\ statement of the party's right to hearing, or n statement of the time and
pl3ce of the hearing;
ii. /\ statement of the nuthority 3nd jurisdiction under which the he3ring is to be
RelGi
iii. /\ reforence to the pnrticulm soctions of this ch3pter involved; and
iv. f, short nnd plnin st3tement of the matters asserted or chmged.
2. P3rties may elect to be represented by counsel 3nd to respond and present
evidence and mgument on 311 issuos involved.
3. Informnl disposition may be made of any caso by stipul3tion, 3greed settlement,
consent ordor or defnult.
1. I\t the commencement of the hoaring, the hemings officer shall explain the
issues involved in tho hoaring and the matters that the parties must oither prove
or disprove.
6. Testimony shall be taken upon oath or ntfirmntion of the witness from whom
received.
6. The hearings officer shnll pl3co on the record 3 st3tement of the subst3nce of
3ny ',witten or oral ex parte communications on a fuct in issue m3de to tho officer
during the pendency of the proceeding and notify the pnrties of tho
communication nnd of their right to rebut such communications.
7. The he3rings officer shall insure that the record developed at the he3ring shows
a full and fnir inquiry into the fucts nocess3ry for consideration of 311 issues
properly before the presiding officer in the case.
I:!. ^ verbntim or31, written or mechanical record shall be made of nil motions,
rulings and testimony. The record need not be tmnscribed unless requested for
purposes of reheming or court review. The city m3Y ch3rge the party requesting
tr3nscription the cost of n copy of tmnscription.
D. The candidate or the treasurer of tho politicnl committee neod not nppe3r in perE:On
at a he3ring held under this soction, but instead may submit written testimony nnd
other evidence, subject to the penalty for false sweming, to the recorder for entry in
the hearing record. Such documents must be received by the recorder not bter th3n
. five business dnys before the d3Y of the heming.
Section 2.41.100 Recorder Responsibilities.
The recorder shall:
A. Adopt rules as necessary to carry out the pro\'isions of sections 2.41.040 to
2.41.090,
8. Prescribe forms for declarations required by section 2.41.050, and furnish the
forms to persons required to file.
Page 8 of 10
B.C. Investigate when appropriate under the provisions of sections 2.41.040 to
2.41.090.
Section 2.41.110 Publication.
A. The recorder shall:
1. For each candidate and political committee described in section 2.41.050,
publish a statement in a newspaper of general circulation and published in the
City, and any other medium the recorder shall deem appropriate, indicating
whether or not the candidate has agreed to limit expenditures under section
2.41.050. _
2. Include the statement described in subsection 1 on the nominating petitions of all
prospective candidates for public office.
B. If a candidate or political committee described in section 2.41.050 has agreed to limit
expenditures, but is not bound by the agreement because an opponent or opposing
political committee of the candidate or political committee for the same office at the
same election has not agreed to limit expenditures or has exceeded the applicable
expenditure limit, the published statement described in subsection 2.41.11 0.A.1 shall
indicate that the candidate or political committee has agreed to limit expenditures
and that the candidate or political committee is not bound by the agreement because
an opponent of the candidate or opposing political committee for the same office at
the same election has not agreed to limit expenditures or has exceeded the
applicable spending limit. (ORD 2794, S10 1997)
C. If the recorder or the city attorney finds under section 2.41.080 that a candidate
described in section 2.41.050 filing a declaration of limitation on expenditures under
section 2.41.050 has exceeded the applicable expenditure limit, at the next election
at which the candidate is a candidate for election to public office, the recorder shall
publish a statement, in a newspaper of general circulation and published in the City,
indicating that the candidate violated a previous declaration of limitation on
expenditures under section 2.41.050. The statement required by this subsection
shall identify the date of the election at which the candidate exceeded the applicable
expenditure limit.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors..
Page 9 of 10
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(c) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 10 of 10
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 2.30 (Administrative Appeals] and AMC 1.04
Meeting Date: September 22, 2009 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder rv Secondary Contact: Barbara Christensen
,Jr'...."/
Approval: Martha Bennett \1' ,. Estimated Time: 5 minutes
Question:
Should the Council approve Second Reading of an ordinance titled: "An Ordinance Amending the
Uniform Administrative Appeals Process AMC Chapter 2.30 and AMC 1.04.010 Definitions."?
Staff Recommendation:
Staff recommends Council approve the Second Reading of this ordinance.
Background:
On September 8, 2009, the Council approved First Reading of this Ordinance.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve Second Reading of the ordinance.
(2) Council can postpone Second Reading.
Potential Motions:
Staff: [Condllct Second Reading of Ordinance by Title only)
Coullcil: Motion to approve Second Reading and approve adoption of the ordinance
Attachments:
Proposed ordinance
Page 1 of 1
Second Reading
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFORM ADMINISTRATIVE APPEALS
PROCESS AMC CHAPTER 2.30 and AMC 1.04.010 DEFINITIONS.
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... .. .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing: and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland would like to amend the Uniform Administrative
Appeals ordinance to provide additional clarity and more precise direction for the
Hearings Officer;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Section 2.30.020 is hereby amended to read as follows:
2.30.020 Administrative Appeals Process.
Any person aggrieved by the decision of a Department Head or Director may appeal
such action to a Hearing Officer through the following procedures if the Ashland
Municipal Code chapter granting the City Department Head or Director authority to
make the decision expressly authorizes use of this appeals process. Land use
decisions subject to AMc Chapter 18 shall not be subject to the appeals process in this
Chapter. Appeals processes are as follows:
A. A person appealing the Department Head's or Director's action shall, within 10
Days of such action and mailina of written notice, file a written notice of appeal
with the City Recorder. The written notice of appeal shall include the name and
address of the appellant, a statement of the authority or iurisdiction for the
appeal, a statement of the appellant's standina or riqht to be heard, the
Page 1 of5
nature of the decision being appealed, a short and plain narrative statement
includinQ the reason(s) the original decision is alleged to be incorrect, with
reference to the particular sections of the Ashland Municipal Code
involved" and the result the appellant ,desires on appeal.
B. The City Recorder shall fix the time for the appeal to be heard by the Hearing
Officer, place the hearing of the appeal upon the calendar of the Hearing Officer,
and notify the appellant in writinq of the time fixed no less than ten days prior to
that time, unless the appellant agrees to a shorter time.
C. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal.
Appeal Fees shall be set ~$150 for each decision appealed, and may be
adiusted by Resolution of the Ashland City Council.
D. The appellant parties shall be entitled to appear personally and by counsel and
to present such facts, evidence and arguments as may tend to support the
respective positions on his or her appeal.
E. The Hearing Officer shall afford the parties an opportunity to be heard at an
appeal hearinQ after reasonable notice. The HearinQ Officer shall take such
action upon the appeal as he or she sees fit. The Hearing Officer's decision shall
be the final decision of the City, and it shall be issued in writing. The HearinQ
Officer shall at a minimum:
1) At the commencement of the hearinQ, the hearinQs officer shall
explain the relevant issues involved in the hearinQ, applicable
procedures and the burden of proof.
2) At the commencement of the hearinQ the hearinqs officer shall place
on the record the substance of any written or oral ex parte
communications concerninq any relevant and material fact in issue
at the hearinq which was made to the officer outside the official
proceedinQs durinQ the pendency of the proceedinQ. The parties
shall be notified of the substance of the communication and the riQht
to rebut the communication. Notwithstandinq the above, the Parties
are prohibited from enQaqinq in ex parte communications with the
hearinq officer.
3) Testimony shall be taken upon oath or affirmation of the witnesses.
4) The HearinQs officer shall insure that the record developed at the
hearinQ shows a full and fair inquiry into the relevant and material
facts for consideration fo the issues properly before the hearinQs
officer.
5) A verbatim, written or mechanical record shall be made of all
motions, rulinqs and testimony, The record need not be transcribed
unless requested for purposes of rehearinq or Court review, The
City shall reauire a deposit for costs of transcription or a copy of
such transcription.
6) Written testimony may be submitted under penalty of false swearinQ
for entry into the record. All written evidence shall be filed with the
City recorder no less than (5) five workinq days before the date of the
hearinq.
Page 2 of 5
7) Informal disposition may be made of any case by stipulation, aQreed
settlement. consent order or default.
F. The action of the Department Head or Director shall be stayed pending the
outcome of an appeal properly filed pursuant to this section.
G. Failure to strictly comply with the applicable appeal requirements, including but
not limited to the required elements for the written notice of appeal, time for filing
of the notice of appeal, and payment of the applicable appeal fee, shall
constitute jurisdictional defects resulting in the summary dismissal of the appeal.
H. If the appellant loses on appeal, the appellant will be held financially responsible
for the cost to the City of Ashland for the appeal, including but not limited to the
cost of hiring an independent Hearing Officer.
SECTION 3. AMc Section 1.04.010 is hereby amended to read as follows:
1.04.010 General Provisions. Definitions.
The following words and phrases whenever used in this code shall be construed as
defined in this section unless from the context a different meaning is intended or unless
a different meaning is specifically defined and more particularly directed to the use of
such words or phrases.
A. City means the City of Ashland, Oregon, or the area within the territorial limit of
the City of Ashland, Oregon, and such territory outside of the City over which the
City has jurisdiction or control by virtue of any constitutional or statutory
provision.
B. Computation of time means the time within which the act is to be done. It shall
be computed by excluding the first day and including the last day; and if the last
day be a Saturday, Sunday or a legal holiday, that day shall be excluded.
C. Council means the City Council of the City of Ashland, Oregon. All its members
or all councilors means the total number of councilors provided by the general
laws of the State of Oregon.
D. County means the County of Jackson, Oregon.
E. Day means calendar day, unless otherwise stated.
F.--E. Law denotes applicable federal law, the constitution and statutes of the
State of Oregon, the ordinances of the City of Ashland, and when appropriate,
any and all rules and regulations which may be promulgated thereunder.
G. F-c May is permissive.
H. G. Month means a calendar month.
!.:. W. Must and shall are each mandatory.
J. h Oath includes an affirmation or declaration in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words swear
and sworn shall be equivalent to the words affirm and affirmed.
K. J. Ordinance means a law of the City; provided that a temporary or special
law, administrative action, order or directive, may be in the form of a resolution.
Page3of5
L. K. Owner, applied to a building or land, includes any part owner, joint owner,
tenant in common, joint tenant or tenant by the entirety, of the whole or a part of
such building or land.
M. b. Person means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization, or the manager, lessee, agent, servant, officer or employee of any
cl~m. .
N. M. Personal property includes money, goods, chattels, things in action and
evidences of debt.
0, N, Preceding and following mean next before and next after, respectively.
~. Q. Property includes real and personal property.
Q. P. Real property includes lands, tenements and hereditaments.
R. Q. Sidewalk means that portion of a street between the curb line and the
adjacent property line intended for the use of pedestrians.
S. R. State means the State of Oregon.
T. S. Street includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs, or other public ways in the City which have been or may
hereafter be dedicated and open to public use, or such other public property so
designated in any law of this state.
U. +. Tenant and occupant, applied to a building or land, includes any person
who occupies whole or a part of such building or land, whether alone or with
others.
V. V. Title of Office. Use of the title of any officer, employee, board or
commission means that officer, employee, department, board or commission of
the City.
W. V. Written includes printed, typewritten, mimeographed or multi-graphed.
X. W. Year means a calendar year.
Y. x.. All words and phrases shall be construed and understood according to the
common and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning in the
law shall be construed and understood according to such peculiar and
appropriate meaning.
Z. 'f. When an act is required by an ordinance the same being such that it may
be done as well by an agent as by the principal, such requirement shall be
construed as to include all such acts performed by an authorized agent. (Ord.
1810 (part), 1974)
SECTION 4, Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
Page 4 of 5
4 and 5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(c) of the City Charter on the day of , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. christensen,.city Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of5
CITY OF
ASHLAND
Council Communication
Ordinance Amending the Liquor License Review Chapter
Meeting Date: September 22,2009 Primary Staff Contact: Megan Thornton
Department: Legal E-Mail: thorntm@ashland.or.us
Secondary Dept.: City Recorder .Jrrr . Secondary Contact: Barbara Christensen
Approval: Martha Bennett 1"" r,..,V Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Liquor License Review and Amending AMC Chapter 6.32"?
Staff Recommendation:
Staffrecommends Council approval of the First Reading by title only and set the matter for Second
Reading.
Background:
The Liquor License Review Chapter currently allows the use of criteria that are inconsistent with state
law to support an unfavorable recommendation on a liquor license. The Oregon Revised Statutes and
the Oregon Administrative Rules provide a number of criteria that can be used to justify an
unfavorable recommendation. These are the only criteria that can be used by the City to provide an
unfavorable recommendation to the Oregon Liquor Control Commission. The proposed ordinance
adopts these criteria.
In addition, the Uniform Administrative Appeals process is also adopted in this chapter to provide a
hearings process in the case of an appeal of an unfavorable recommendation. The City Recorder's
duties have also been modified to accommodate the changes to the process.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Move to approve the First Reading and set the matter for a Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: [Conduct First Reading of the ordinance by title only.]
Council: Motion to approve First Reading and set the matter for Second Reading.
Attachments:
. Proposed ordinance
Page I of I
~.l'
ORDINANCE NO.
AN ORDINANCE RELATING TO LIQUOR LICENSE REVIEW
AND AMENDING AMC CHAPTER 6.32
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. City of
Beaverton v. International Ass'n of FirefiQhters. Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the OLcc chapter currently establishes criteria for denying an OLcc
application that are inconsistent with state law;
WHEREAS, the Uniform Administrative Appeals process should be adopted to provide
a hearings process in the case of an appeal of an unfavorable recommendation to the
OLcc;
WHEREAS, the duties of the City recorder and the application process need to be
adapted to be consistent with these changes; and.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Section 6.32.050 [City Recorder Duties] is hereby amended to read as
follows:
6.32.050 City Council DeleQation; City Recorder Duties
The City Council hereby deleQates to the City Recorder the ability to
process all OLCC liquor license applications or requests, except for
applications for new or renewal licenses, to the City Recorder. Upon receipt
of an application for a new or renewal liquor license, the City Recorder shall:
A. Coordinate and conduct an investiQation of each application for the
purpose of determininq what recommendation shall be made to the
City Council. The city recorder may require the applicant to supply
Ordinance No.
Page 1 of 5
additional information that is relevant to determine if there is a
sufficient basis for an unfavorable recommendation to the OLCC as
provided by Oreaon liquor laws.
B. Refer the application to the Department of Community Development who
shall determine if the location of the licensee's business complies with the
City's land use requirements.
C. Determine if the licensee has met the criterion for an unfavorable
recommendation in accordance with AMC 6.32.067. a business
liGense and has registered as a restaurant, if applicable, for the
City's fGod ami beverage tax.
D. Report to the city council as to the filing of the application and prepare
sufficient documentation and/or findinqs to support an unfavorable
recommendation to the OLCC if there is a basis for such
recommendation, the determinatiGns made under this section.
E. Mail a letter or personally contact the applicant if an unfavorable
recommendation will be made to the City Council.
F. Make a recommendation and place the license on the consent
aQenda at the next reQular council meetinQ.
G. After the recommendation is approved by the City Council, forward
the recommendation and any necessary supportinQ documentation
to the OLCC.
H. Endorse the application, if approved by the City Council.
I. Maintain a record of all OLCC applications.
SECTION 2. Sections 6.32.065 [Criterion for Recommendation of Approval] and
6.32.065 [License Application] are hereby added to read as follows:
6,32.065 License Application,
Any person or business reauestinQ a city recommendation to the
OLCC on a liquor license application shall apply upon suitable forms
furnished by the OLCC. The city recorder shall accept liauor license
applications only when the followinQ conditions are met:
A. An applicant for an initial license or modification of a current license
provides leQible copies of the followinq forms supplied by the OLCC:
liquor license application forms, individual history forms, and business
information forms. An applicant for a temporary sales license (TSL)
provides the temporary sales application form supplied by the OLCC.
B. The applicant has obtained a valid city business license when
applicable.
Ordinance No.
Page 2 of5
C. The application is complete.
D. The applicant has provided any relevant additional information the city
recorder requests to determine the Qualifications of the applicant.
E. The application is accompanied by the appropriate fees, as established
by resolution of the city council.
6.32.067 Criterion for Unfavorable Recommendation
The City may make an unfavorable recommendation to the OLCC if it
finds sufficient basis for such a recommendation under OreQon liQuor
laws, includinQ but not limited to, the OreQon Revised Statutes and the
OreQon Administrative Rules.
SECTION 3, Section 6.32.050 [City Recorder Duties] is hereby amended to read as
follows:
6.32.070 Hearing and Notice Appeal Procedures
An appeal of the City Recorder's recommendation pursuant to AMC
6.32.050 shall be processed in accordance with the Uniform Administrative
Appeals Ordinance AMC 2.30, except that the appeal shall be filed and
processed in the office of the City Administrator. The appeal must be filed
within ten (10) calendar days of the date of the letter or personal notice
from the city recorder statinq that an unfavorable recommendation will be
made to the City Council.
Council Consideration
If the city recorder determines that the applicant fer a new liquor license
has complied 'Nith I\MC 6.32.067 the city's land use requirements, has
obtained a business license and registered as a restaurant, if applicable,
the matter will be placed on the next regular city council agenda fer action.
If the city recorder cannot make any of the above listed determinations, the
recorder shall report such to the city council. The council may then
schedule a public hearing and give notice as provided belo....'.
I\pplicant Notice
8efere tile city council recommends denial of a liquor license application,
notice of a public hearing must be given to the applicant, either personally
or by certified mail, postmarked no later than ten days prior to the hearing.
The notice shall contain:
1. II,. statement of the time and place of the hearing;
2, JI. statement from the city recorder as to the findings made;
3. .'I. statement that the applicant may be represented by legal counsel at
Ordinance No.
Page 3 of 5
the hearing, at the expense of the applicant.
Public Notice
In order to facilitate public participation in liquor license applications, the
city recorder shall, in the case of a recommendation for denial, publish a
notice of public hearing once in a local newspaper of general circulation at
least ten days prior to the date of the hearing. The notice shall specify the
date, time and location of hearing, and the business name and address of
the applicant. The notice shall also inform the public that written or oral
testimony may be presented either for or against the application.
E'/aluation Criteria. The city council shall make its recommendation to the
O.L.C,C., and in the case of denial or modification, shall specify the
reasons for recommending denial or modification. The minutes of the city
council shall reflect the reasons for a negative recommendation,
.The city 'council may recommend denial of an application if:
The application is incomplete.
The applicant neglects or refuses to provide, in a timely manner, any
information that is reasonably requested.
The applicant provides false or misleading information.
The location of the applicant's business does not comply '.'1ith the city's
land use requirements.
The applicant has failed to obtain a business license or failed to register as
a restaurant, if applicable.
Any reason, which in the sole opinion of the city council, warrants an
adverse recommendation based on public health, safety, welfare,
con...enience or necessity.
Findings Transmitted
If the city council recommends approval, it shall make a general finding
that the applicant meets all the criteria of this chapter. If the city council
recommends denial, it shall include a finding or findings, based on the
criteria of this chapter in support of its action. In either event, a copy of the
city council minutes shall be transmitted to the O.L.C.C. with the
recommendation.
Blanket Renewals
At the time of annual renewal of existing licenses, the city recorder shall
make a report to the city council on any licensee which has failed to meet
the criteria set forth in section 6,32.065 50.
Ordinance No.
Page 4 of5
In such case, the city council may recommend denial of the renewal, or the
withholding of endorsement of the renewal until such deficiencies are
brought to current status. The city council may otherwise grant blanket
approval of all license rene'.vals,
SECTION 4, Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 4-
6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(c) of the City Charter on the day of , 2009
and duly PASSED and ADOPTED 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 5 of5
CITY OF
ASHLAND
Council Communication
An Ordinance Requiring Chains for Commercial Vehicles
Meeting Date: September 22, 2009 Primary Staff Contact: Megan Thornton
Department: Legal E-Mail: thorntm@ashland.or.us
Secondary Dept.: Police p Secondary Contact: Terry Holderness
Approval: Martha Bennett ~ AIV' Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Chain Requirements for Commercial Vehicles"?
Staff Recommendation:
Staff recommends Council approve First Reading by title only and set the matter for Second Reading.
Background:
The Ashland Municipal Code does not currently have a chain requirement; however, this ordinance
would make it mandatory for commercial vehicles to carry chains when chains are required on
Interstate 5 over the Siskiyou Mountains. There have been incidences in which emergency vehicles
could not respond to a location because a commercial vehicle was blocking the right of way and was
unable to move because it was not carrying chains. The goal of this ordinance is to prevent future right
of way obstructions by requiring commercial vehicles to have chains available for use.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Approve First Reading and set the matter for Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: [Conduct First Reading of the ordinance by title only.]
COllncil: Motion to approve First Reading and set the matter for Second Reading.
Attachments:
. Proposed ordinance
Page I of I
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO CHAIN REQUIREMENTS
FOR COMMERCIAL VEHICLES
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... ... .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop,
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the conditions on roadways within the City can be such during the
winter that larger commercial vehicles may have difficulty safely navigating the City
streets;
WHEREAS, there have been situations in which commercial vehicles without chains
have blocked the roadway making it impossible for emergency services to respond
to calls; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Chapter 11.22 is hereby added to read as follows:
Chapter 11.22 Vehicle Chains Required
11.22.010 Definitions
A. Chains: link chains, cable chains or any other devices that attach to the
wheel. vehicle or outside of the tire and that auqment the traction of a
vehicle.
B. Commercial Vehicle: a vehicle that is used for the transportation of
persons or property for compensation or profit. or that is used in coniunction
with a business and the commercial vehicle weiqhs 10,000 pounds or more.
Ordinance No. .
Page 1 of2
11,22.020 Failure to Carry Chains.
A person commits the offense of failure to carrv vehicle chains if the person
drives or moves, or causes or knowinqly permits to be driven or moved a
commercial motor vehicle on anv public way within the City. without carrvinq
vehicle chains, when Interstate 5 is posted as requirinq vehicle traction tires
or chains to be carried or used to proceed over the Siskiyou Mountains.
11.22,030 Penalty,
The offense described in this chapter, failure to carrv chains, is a Class C
violation as that class is defined under Oreqon law. Subiect to the Charter
limitation. failure to carry chains shall be a Class A violation as that class is
defined under Oreqon law if such failure prevents emerqency services from
respondinq to a call.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Sections 2-3) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 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 2 of2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Relating to Parking
September 22, 2009 Primary Staff Contact:
Legal E-Mail:
Legal Secondary Contact:
Martha Bennett JYt~u Estimated Time:
Megan Thornton
thorntm@ashland.or.us
Richard Appicello
5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Parking and Amending AMC I 1.24.070"?
Staff Recommendation:
Staff recommends Council approve First Reading by title only and set the matter for Second Reading.
Background:
The Ashland Municipal Code is unclear about the circumstances in which time periods continue to run
when a vehicle is moved from one time restricted parking space to another time restricted parking
space (eg: from one two hour space to another two hour space) within the same block. This
amendment clarifies that the limited time period that a vehicle may be parked in a time restricted
parking space will continue to run if a vehicle is moved to another time restricted parking space within
the same block. The restricted time period for parking will continue to run regardless of whether the
owner is moving the vehicle to avoid a ticket.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Approve the First Reading and set the matter for Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: [Conduct First Reading of the ordinance by title only.]
Council: Motion to approve First Reading and set the matter for Second Reading.
Attachments:
. Proposed ordinance
Page 1 of I
r~'
ORDINANCE NO.
AN ORDINANCE RELATING TO PARKING AND AMENDING AMC 11.24.070
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... .. .. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this' State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
citv of Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop,
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, it is unclear whether AMc 11.24.070 is enforceable without proof of
intent that a person is moving their vehicle to avoid a parking citation;
WHEREAS, the City would like to clarify that re-parking a vehicle within the same
block will result in a parking citation regardless of the driver's intent because the
time will continue to run; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.24.070 [Moving vehicle] is hereby amended to read as
follows:
11.24.070 Moving vehicle
No person shall move and re park a vehicle within the same block, as
defined in :\MC 11.011.0110, in order to avoid a parking time limit
regulation. If a vehicle is moved and re-parked within the same block.
as defined by AMC 11.08.080, =1= the time period shall continue to run, if
the vehicle is mo\'ed to another parking space within the same block,
except that the time period shall be terminated if such vehicle is moved to a
block that does not have a specified time period for parking.
SECTION 2. 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
Ordinance No.
Page 1 of2
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 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Sections 2-3) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(c) of the City Charter on the day of , 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 2 of2