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Home My WebLink About2010-0518 Council Mtg PACKET CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 18, 2010 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2,04,030,E,] 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 Meeting of May 4, 2010 VI. SPECIAL PRESENTATIONS & AWARDS 1, Mayor's Proclamation of Craft Brewers week? [5 Minutes] 2, Does Council accept the final report and recommendation of the Public Safety Bond Committee [10 Minutes] VII. CONSENT AGENDA [5 minutes} 1, Will Council approve the minutes of Boards, Commissions, and Committees? 2, Should Council approve continuance of First Reading of an ordinance creating a new Chapter 13,30, relating to the Advanced Financing of Public Improvements from May 18, 2010 to August 3, 2010? 3. Does Council wish to confirm the Mayor's appointment of Jody Waters to the Housing Commission with a term to expire April 30, 2011? 4, Will Council, acting as the Local Contract Review Board, consent to enter into a contract with Footprint Recycling for collecting and recycling used cooking oil for a term to begin May 19, 2010 and expire June 30,2012, with the option to renew the contract for an additional 12 months? ' 5, Should Council approve continuance of First Reading of ordinances adopting Chapter 18,53 Croman Mill and related ordinances from May 18, 2010 to May 26, 2010? COUNC:IL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VIII. PUBLIC HEARINGS {Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing, All hearings must conclude by 9:00 p,m" be continued to a subsequent meeting, or be extended to 9:30 p,m. by a two-thirds vote of council (AMC !l2,04,050}) None, IX. PUBLIC FORUM Business from the audience not included on the agenda, (Total time allowed for Public Forum is 15 minutes, The Mayor will set time limits to enable all people wishing to speak to complete their testimony,) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Will Council authorize staff to implement the recommendations for the non- represented employees found to be more than 5% below market in a recent study? [20 Minutes] 2. Will Council, acting as the Contract Review Board, approve a contract with Visar Construction Co. Inc., in the amount of $142,798,75 to construct the Liberty Street Local Improvement District (LID)? [15 Minutes] 3, Does Council wish to adopt the SOU Campus Master Plan update and approve First Reading of the three implementing ordinances? [25 Minutes] Please Note: the hearing and record are closed on this item. No additional testimony can be taken by the Council. XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council accept the report of the Police Chief on crime in Ashland and the use of force by the Ashland Police Department? [10 Minutes] 2, Does Council have questions regarding staff's proposal to administratively approve a twelve month extension to the RVTD/City of Ashland Reduced Fare Program Agreement? [20 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public Contracting and Personal Service Contracts and Repealing Chapters 2,50 and 2,52"? [15 Minutes] 2, Should Council approve the First Reading of an' ordinance titled, "An Ordinance Relating to Green Burials at City Cemeteries and Amending AMC 2,64,160"? [10 Minutes] 3, Should Council approve First Reading of an ordinance titled, "An Ordinance Ratifying the Emergency Communications of Southern Oregon Intergovernmental Agreement and Declaring an Emergency"? [10 Minutes] 4. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? [5 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance wifh the Americans with Disabifities Act, if you need special assistance to participate in this meeting, please contact the Cify Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the Cify to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35,102-35,104 ADA Title I), COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT TJ-1E CITY OF ASHLAND'S WEB SITE AT WWW,ASHLAND.oR,LJS ASHLAND CITY COUNCIL MEETING May 4.2010 Page I of9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 4, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p,m, in the Civic Center Council Chambers, ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg described the Demobilization Ceremony for the 41" Brigade Combat Team of the Oregon National Guard (11186) April 24, 20 I 0 at the Spiegelberg Stadium and displayed a medal he received during the presentation, He asked the community to remember these soldiers as they settle into civilian life. He went on to thank those who volunteered for Commissions and noted vacancies on the Historic, Planning, Housing and Tree Commissions, , Mayor Stromberg announced a public open house by the Ashland Water Advisory Committee May 5, 2010 at Ashland High School commons regarding alternative water sources and improved water use. He then addressed Council and explained the Public Hearing on the Croman Mill Site would reopen for public input due to a Traffic Study recently received. Public input would pertain only to the Traffic Study, He also wanted to postpone the process following the Public Hearing and resume discussion once the Council had completed the remainder of the agenda. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of April 19, 2010 and Regular Meeting of April 20, 2010 were approved as presented, SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg's Proclamations of May 8-14 as National Tourism Week and the week May 9-15 as National Historic Preservation Week were read aloud. CONSENT AGENDA 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Should Council approve continuance of First Reading of an ordinance titled, "An Ordinance creating Chapter 11.43 relating to storage of personal and recreational vehicles and amending AMC 11.24.020" from May 4, 2010 to June 29, 201O? 3. Should Council approve continuance ofthe First Readiug of uiue ordinances concerning classification of offenses and court fees from May 4, 2010 to July 20, 201O? 4. Should Council extend the Charter Communication Franchise Agreement for eighteen months to facilitate negotiation of a new franchise agreement? 5. Will Council, acting as the Local Contracts Review Board, approve a Change Order for an additional amount of $55,000 (total aggregate cost change of 47%) for disposing ofbiosolids during the remainder of the current fiscal year? 6. Does Council wish to enter into an Intergovernmental Agreement with the Federal Bureau of Investigations to participate in the Southern Oregou High-Tech Crimes Task Force (SOHTTF) iu order to recognize investigatious related to high-tech and internet crimes? 7. Will Council approve a $10,750 contract amendment to the existing contract with Thornton Engineering ASHLAND CITY COUNCIL MEETING May 4.2010 Page 2 of9 for the design of the Liberty Street Local Improvement District project? 8. Will Council approve a City of Ashland Municipal Airport 10 year extension to a ground lease l1s well as a Specialized Aviation Service Operator Agreement for Valley Investments? 9. Should Council authorize the City Administrator to sign an Intergovernmental Agreement between Jackson County School District #5 (Ashland School District) and the City of Ashland in relation to collection of the Construction Excise Tax? 10. Does Council accept the quarterly financial report as presented? 11. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? 12. Does the Council wish to appoint Donald Morris as an "at large" member of the Ashland Water Advisory Committee? Councilor Silbiger requested that Consent Agenda items #5 and #7 be pulled for discussion, Councilor Voisin requested that Consent Agenda item #6 be pulled for discussion, Councilor Jackson, Navickas mls to approve Consent Agenda items 1-4 and 8-12. Voice Vote: all A YES. Motion passed. Public Works Director Mike Faught eXplained the additional $55,000 for disposing biosolids was the outcome of a rate increase that occurred January 2010 that resulted in a full year cost increase of$21 ,000 and the other corrected a $34,000 underestimation of disposal costs made last year. Staff adjusted next year's budget accordingly. Engineering Services Manager Jim Olson described the additional costs to the Liberty Street LID and noted that LID projects are based on preliminary estimates, not the actual design that comes later in the process. One discovery was a portion of Liberty Street was on private property subsequently requiring easements and negotiations that resulted in additional costs, The original estimate of$180,000 had increased to $243,000 but staff anticipated the project coming in well under. Council will have the opportunity to review the bids associated with the project during the construction contract approvaL The Liberty Street LID fell under the old ordinance where the City absorbs any cost over half. Mr. Olson clarified the parts of the project the City and property owners were responsible for funding and noted the LID came with a 70% approval rate, Council expressed concern the project was more expensive than anticipated. Staff will put the construction contract approval on a future agenda under Unfinished Business for further discussion, Police Chief Holderness explained the Intergovernmental Agreement with the FBI would not offset the officer ratio, The agreement will provide training and resources to pursue High Tech Crimes proactively, Council will have another IGA with the FBI before year-end discussing logistics. Councilor Silbiger/Chapman mls to approve Consent Agenda item #7. Voice Vote: all A YES. Motion passed. Councilor Silbiger/Chapman mls to approve Consent Agenda item #6. Voice Vote: all A YES. Motion passed. Councilor Jackson/Navickas mls to approve Consent Agenda item #5. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. After considering comments at the public hearing, will Council approve a Resolution titled, "A Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 09-21" which increases rates? Engineering Services Manager Jim Olson and Public Works Director Mike Faught presented the staff report and explained the annual review and application by the Airport Commission to adjust Airport rates, Rates were predominantly the main revenue-generating source and reflected regional fees, Public Hearing Open: 7:39 p.m. Public Hearing Closed: 7:39 p.m. ASHLAND CITY COUNCIL MEETING May 4.2010 Page 3 of9 Councilor Lemhouse/Jackson mls to approve Resolution #2010-12. Roll Call Vote: Councilor Voisin, Chapman, Navickas, Silbiger, Lemhouse and Jackson, YES, Motion passed. 2. Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? Administrative Services Director Lee Tuneberg presented the staffreport identifying two additional revenues not anticipated for this year and corresponding expenditures, The first one in the General Fund related to Administration Department Municipal Courts receiving reimbursement fees for court appointed attorneys. The second pertained to the Water Fund and was an additional $77,314 from an approved grant for forest interface work. Public Hearing Open: 7:41 p.m. Public Hearing Closed: 7:41 p.m. Councilor Chapman/Jackson mls to approve Resolution #2010-13. Roll Call Vote: Councilor Navickas, Jackson, Voisin, Chapman, Silbiger and Lemhouse, YES. Motion passed. 3. Does Council approve First Reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments? Abstentions. Conflicts. Exparte Contact Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion. Councilor Jackson/Chapman mls to recuse Councilor Silbiger. Voice Vote: all A YES. Motion passed. Councilor Silbiger left the room at 7:43 p.m. The Council and Mayor reported no other Exparte contacts or conflicts of interest. Public Hearinl! and Record Re-opened 7:45 p.m. Staff Report Community Development Director Bill Molnar and Planning Manager Maria Harris provided a presentation that included: Testimony Received - Main Themes . Guiding Principles . Phase II Central Blvd Improvements . Degree of Regulation Phased Street Improvements . Original Central Blvd Proposal . Central Blvd Alternative . Mistletoe Alternative Transportation Analysis - Mitigation . Required for No-Build . Required for CMD Plan Central Blvd . Mitigation . Required for CMD Plan Signal Using Exiting Mistletoe Location . Mitigation . Required for CMD Plan - Signal @ 75% Build-out Ashland Street-Tolman Creek Road Intersection ASHLAND CITY COUNCIL MEETING \ May 4,2010 Page 4 af9 . . Mitigation - Required for No-Build . Westbound Lane@ 50% Build-out . Northbound Lane @ 90% Build-out Ashland Street-Washington Street Intersection . Mitigation - required for No-Build or CMD Plan Right In Right Out . Signal . Washington Street RxR Crossing Basic Site Review . Existing standards . New standards Compatible Industrial Site Review . Existing standards . New standards Office Employment Area - Existing Standards . Parking . Orientation . Fayade Articulation . Pedestrian Amenities Office Employment Area - New Standards . Green Parking Standards . Setbacks . Water Conservation . Green Streets LEED . Incentive Based . Voluntary height bonus . Certification Levels: Gold & Silver Croman Mill District - Approval Procedures . Public Hearing (Planning Commission) - Major Amendments; Conditional Use Permits for new Buildings . Administrative approval for'all other actions Mr. Molnar clarified a properly owner with a permitted use who wanted to alter a dimensional requirement would be a minor amendment with administrative approval and could be done concurrent with the approval process and not require a CUP or a Public Hearing, City Attorney Richard Appicello noted a letter that came in after the record closed and did not pertain to the Traffic Study and therefore would not be included, Another letterrequesting the record be left open for comments' regarding the Traffic Study was included into the record, Those Wishinl! to Provide Testimonv - Traffic Study Comments Onlv Jobn Kruesill48 Greenway Circle, Medford/Sited issues with Mistletoe Way, one regarding a 100-foot right of way, Phase II was conceptuaL He would be hesitant supporting a conceptual plan with big dollars attached; there needs to be at least a partial final plan to finish the project. Zach Brombacher/640 Tolman Creek Rd/Opposed the plan and publicly stated he will not pay for the project's infrastructure, It was his understanding that Mistletoe Road was owned by the Rail Road and questioned why the City would redevelop a road they did not own, He noted past information indicating the City would use a piece of his properly for a road from Washington Street to Tolman Creek Road, clarified there was no such agreement to use his land and wanted it removed from the map, He was not part of the Croman project and wanted to ensure the current owners will not lose their infrastructure and rights. ASHLAND CITY COUNCIL MEETING May 4,2010 Page 5 0[9 Marilyn Briggs/590 Glenview Drive/Explained the Right-In Right-Out will not work, a traffic light would be better and allow left turns, The proposed plan shows three northern exits for Mistletoe Road but the current existing Mistletoe Road was the best option because it left Oregon Department of Transportation (ODOT) out and eliminated the need for the land trade, Retaining the existing exit will prevent four residences from having to deal with heavy truck traffic, J Mark DiRienzo/700 Mistletoe Road #I06Noiced his confusion on the latest changes to Mistletoe Road and concerns regarding the curve and the impact to his property between Mistletoe and Mr, Kruesi's property. He widened Mistletoe three years prior, installed a park row and a sidewalk and wanted to know if the new plan would demolish that work. He did not understand the impacts to his property with this change, He questioned what "new infonnation" was and commented that Modem Fan could not rebuild on Croman because ofthe amount of warehouse space they required, Public Hearinl! Closed: 8:26 p.m. Councilor Jackson/Lemhouse mls to hold record open for written submittals regarding Traffic Study until 4:30 p.m. May 12, 2010. Roll Call Vote: Councilor Voisin, Navickas, Jackson, Lemhouseand Chapman, YES. Motion passed. Councilor Silbigerreturned to meeting at 8:37 p.m. PUBLIC FORUM - None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. WiIl Council approve a fund exchange agreement with ODOT to fund the Laurel Street Sidewalk project and an engineering services contract with Thornton Engineering for design? Engineering Services Manager 'Jim Olson presented the staff report and explained the project would provide sidewalks from the eastside of Laurel Street to Hersey Street and Helman School. He shared the history of the project on the Capital Improvement Project (CIP) and listed the grants staff applied for unsuccessfully, The project is currently on the Metropolitan Planning Organization (MPO) Surface Transportation Program (STP) list and recently moved into top position, He further eXplained how the Fund Exchange Agreement works and that it would cover sidewalks on Laurel Street as well as the Hersey-Laurel Rail Road crossing, Me. Olson clarified sidewalk installation on the rail road crossing would not include crossing gates due to the expense, the cost was approximately $700,000. would be installed by the Rail Road and charged to the City, Drew Bailey/455 N Laurel StreetNoiced his support for the project and encouraged Council approval. He hoped the design would take into consideration that Laurel Street is an established neighborhood and there could be potential issues with park rows and traffic flow, Overall he thought this was a great use of funds for the whole community and expressed gratitude, George Kramer/386 N Laurel/Submitted written comments into the record supporting the project. Councilor NavickasILemhouse mls to approve both the fund exchange agreement with ODOT and the personal services contract with Thornton Engineering. DISCUSSION: Councilor Navickas noted the project had been a priority for the Council for a number of years and thanked stafffor their efforts, Roll Call Vote: Councilor Silbiger, Chapman, Voisin, Navickas, Jackson and Lemhouse, YES. Motion passed. ASHLAND CITY COUNCIL MEETING May 4, 2010 Page 60f9 2. Does the Council wish to direct staff to submit writteu comments on tbe Mt. Ashland Ski Area Expansion Draft Supplemental Environmental Impact Statement? Public Works Director Mike Faught summarized the April 19, 20 I 0 Study Session regarding the proposed expansion draft of the Supplemental Environmental Impact Statement (SEIS) and recommendations trom Ethan Rosenthal an Ecologist trom David Evans and Associates, Recommendations included submitting written comments regarding the water quality specifically related to the new Total Maximum Daily Loads (TMDLs) at Reeder Reservoir, establish close coordination during implementation and request clarification on how the Ski Lodge meets bonding requirements in the 2004 Record of Decision (ROD), Mr. Faught noted changes in the draft letter and submitted suggestions trom Councilor Navickas, Diane McKelvey/20S Hidden LanelIntroduced herself as a member of the Mt. Ashland Board of Directors, eXplained her history with Ashland and stressed the health of the watershed was imperative. The Environmental Impact Statement (EIS) studies show there will be no increased sedimentation in the watershed, Additionally 25 restoration projects will decrease the amount of sediment into Reeder Reservoir. She supported working with City staff and professionals to monitor the improvements and wanted to create a cooperative relationship with the City and Mt. Ashland Board, Alan DeBoer/2260 Moranda LanelExplained that Mt. Ashland was one of the biggest economic drivers the City had and had just experienced one of their most successful years this year. Consultants have told the Boardthe ski area will not survive without improvements, The proposed improvements are minor. He hoped the mountain would not incur debt and the expansion will occur only as citizen support generates the funds to pay for the improvements, He encouraged Council to make the letter positive and support the ski area. Darrel Jarvis/US N 2nd StreetlIntroduced himself as a member of the Mt. Ashland Board of Directors and distributed and read a copy of Resolution 90-52 Council passed in 1990 supporting the Mt. Ashland expansion, He described the ski area as 80% advanced terrain and 20% intermediate and beginner while 80% of skiers were intermediate and beginner with 20% advanced, He read a quote trom the proposed draft letter trom David Evans and Associates stating the City should allow the development of the Mt Ashland Ski area in an environmentally sound manner that allows for compliance with the Reeder Reservoir sediment TMDL For some reason that statement was removed and replaced with critical language in the current proposed draft. He expressed concern that a council oflay people rejected the science and conclusions and instead made a political statement in the letter. He noted the reference to establishing a coordination committee and explained that the Mt Ashland Board has always been open to monitoring throughout the, improvement process, Cate Hartzell/892 Garden Way/Stressed the importance the City had in securing the Forest Service analysis of impacts of climate change on the area, Studies by the UN and global academia point to changes in global rainfall and the cycles and intensities of rain now. ReclassifYing the Landslide Hazard Zones revealed the characteristics of those slopes, The expansion, changes in rainfall and snow patterns will disturb the slide areas. Sediment dumping into the wetland will at some point risk the collapse of that system. That collapse and long-term sedimentation trom the hills that occur prior to the collapse will end up in the reservoir similar to the 1997 flood. She encouraged Council to leave or add language to the letter requesting an analysis based on regional and global climate changes and the how it will affect Mt. Ashland and the surrounding area, Angie Thusius/897 Beach Street/Spoke on behalf of herself and the Grandmothers and Friends in Green and expressed their concern regarding the SEIS, The US Forest Service is backing the expansion where 70 acres of old growth forest would be cut in the roadless area of the middle branch, The Ashland Ski Association would build 16 new runs in the wild eastern fork of the headwaters of Ashland creek at a lesser snow level. The middle branch contains native and rare plants along with wildlife and is a hazardous slope area prone to landslides, David Evans and Associates did not consider the Forest Service was basing its analysis on the 1991 Master Plan that is outdated. When it was published, there was no knowledge of the delicate eco system in the middle branch, The US Forest Service did not take into account the possible perils and impacts of global warming and the computerized model soil studies were not based on Mt Ashland soil conditions, After the expansion, if the Ashland Ski Association goes bankrupt the City ASHLAND CITY COUNCIL MEETING May 4,2010 Page 70f9 and community will be liable and there is a possibility the Ski Association would sell to a private company, Old growth forests cannot be restored. David Evans and Associates were also unaware of the Community Alternative that would allow expansion but protect the middle branch, Tom Dimitre/901 Beach StreetfThe Ninth Circuit Court made a ruling in 2007 stating the ski area could not build ski runs through unstable areas, Instead of revising the proposed expansion to comply with the Ninth Circuit Court opinion, the US Forest Service did a paper exercise, changed nothing and now states everything will be fine. The new analysis shows clear cutting in riparian reserves include these unstable areas and since reclassification have increased from 4,5 acres to 15, This will make these areas more susceptible to landslides and the Forest Service has not reanalyzed or adjusted amounts regarding these impacts, The economics of the ski area were poor 5 years ago and are worse now, According to their last financial statement, cash on hand is zero, Attendance was down this year and the ski industry across the country is flat to declining. The proposed expansion will cost at least $5million and there is a risk of having a partially built, partially cleared ski area, with no money to finish it. In 2006, the Council asked the US Forest Service to analyze the Community Alternative and they did not. Mr. Dimitre encouraged Council to add a second request to review the Community Altemative in the letter, it was a reasonable compromise and the Forest Service should review it. Shelley Austin/385 Cherry Lane/Explained she was a member ofthe Mt. Ashland Board of Directors and reiterated the Board's willingness to create an environment of cooperation with the City and the monitoring process, The Board has had and will continue discussions with environmental groups that oppose the expansion, It was a passionate issue and open communication is critical for success no matter the outcome, Ron Roth/6950 Old Hwy 99 S/Described his experience and involvement with Mt. Ashland over the years. He spoke on the need for open communication and voiced surprise the City had not notified Mt. Ashland Board members it had hired a consultant or was having a Study Session April 19, 20 I 0 regarding the Mt. Ashland Ski Area Expansion Draft SElS, There should have been communication with both groups being proactive, Tracy Harding/334 Bridge Street/Urged the City to send a strong letter. The testimony regarding cooperation was a good idea and support for the Ski Area could come iil the form of a compromise that included the Community Alternative. Th~ project could move along safely with all possible protection to the watershed, removing areas of inadequate analysis and unknown impacts and keeping the best interest of the drinking water in the forefront. Council discussed which letter they supported with some favoring the draft from Dan Evans and Associates and others the current proposed letter. Suggested changes included removing the third paragraph from the current letter, requesting the US Forest Service to review the Community and Knoll Alternatives, provide relative analysis to all the alternatives suggested in the 2004 final Environmental Impact Statement, and request climate change analysis, Councilor Jackson/Silbiger m1s to remove the third paragraph from the end of the draft letter presented tonight regarding economic analysis. DISCUSSION: Councilor Navickas thought it was irresponsible to go into a major development project the City was financially liable for and not request current economic data, Councilor Silbiger clarified that Council had added a section on the SEIS regarding the bonding issue that would protect the City from liability, Councilor Voisin noted the financial climate of the country had dramatically changed since 2004 and that was reason enough to ask for additional analysis of the risk, this was a need to know what was going on financially. Councilor Lemhouse thought Council was being extremely responsible by asking very specifically for an update, if there was one, in the cost of restoration and whether Mt. Ashland Association can fulfill the amount. Roll Call Vote: Councilor Silbiger, Chapman, Lemhouse and Jackson, YES; Councilor Voisin and Navickas, NO. Motion passed 4-2. Council discussed a statement regarding pre-decision bias towards the C-6 Expansion and the lack of analysis on the US Forest Service's part on other alternatives, Adding a statement to the comment letter for alternatives went beyond the scope of what the US Forest Service was asking, Other comments included a need to determine iftheinformation the US Forest Service provided was in the City's best interest and a reminder that it was the City's responsibility to ASHLAND CITY COUNCIL MEETING May 4, 2010 Page 80f9 protect the watershed, not decide on the expansion, The current draft requested coordination committees, addressed concerns about TMDL and bonding that were not typical responses for a comment letter. Councilor Jackson/Silbiger mls to direct staff to send the draft DSEIS comment letter as amended with suggested formatting to the Forest Service. Councilor VoisinlNavickas mls to amend the motion adding a request to the US Forest Service that a climate change analysis be completed. DISCUSSION: Councilor Voisin eXplained in 2002 global climate change was an unknown, it was appropriate to request the US Forest Service to provide some form of analysis, Councilor Jackson was satisfied with the conclusions the Forest Service drew in the SEIS regarding climate changes, Councilor Navickas explained the ski area consistently failed economically due to snowfall and listed financial downfalls due to consecutive dry years and supported requesting a climate change analysis. Roll Call Vote: Councilor Voisin aud Navickas, NO; Councilor Silbiger, Chapman, Lemhouse and Jackson, YES. Motion failed 2-4. Roll Call Vote on Original Motion: Silbiger, Chapman, Lemhouse, Navickas and Jackson, YES; Councilor Voisin, NO. Motion passed 5-1. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an ordinance titled, "An Ordinance relating to Water Curtailment, Definitions, Exhibits, Determinations of Water Shortage, Water Curtailment Stages, Exemptions and Appeals, and Amending Sections 14.06.010 through 14.06.060"? Public Works Director Mike Faught confirmed the allotment for residences with irrigation and residential meters during Stage I would receive 5,400 cubic feet (cf) of water. The Conservation Department conducted site visits and evaluated each property prior to recommending a second meter for irrigation, Residences with two meters pay two base rates, Staff recommended not changing additional irrigation meter allocations, Staff also recommended retaining water waste restrictions, Removing the waste restrictions for water would eliminate the City Administrator's authority prior to curtailment to declare a prohibition on water waste, It would also affect water conservation efforts for "right water for right use." The current waste restrictions have worked well in the community for immediate reductions of water, removing that restriction could result in Stage 2 curtailment Staff did recommend removing the additional 25% allocation for residential gardens due to its impact on Conservation Department staff. Pam Lott/798 Oak Street/Spoke against removing waste restrictions, it was critical to have as much ability as possible to prevent water waste and going into curtailment sooner. It was also important to educate the community on what water waste is and let them take initial' steps, She did not support someone using drinking water for inappropriate purposes just because they had a certain amount. These choices affect everyone and there are viable alternatives, The issue was the volume of water used for these activities, not the right to use it as an individual saw fit Water use affects everyone, Councilor Lemhouse thought it was illogical to allot something then penalize people if they waste it Waste restriction should occur through public education, the community was responsible enough not to waste water and electricity. It was difficult to legislate how something is used or to enforce it. It was clarified that prohibiting waste applied whe!) the start of a water emergency was determined, City Attorney Richard Appicello read the ordinance title aloud, Council discussed removing the 25% allotment for residential gardens, there were methods for maintaining gardens during curtailment Concern was voiced on allowing a second meter for irrigation as well as the larger water ,allocation for more than four member households, ASHLAND CITY COUNCIL MEETING May 4,2010 Page 9 of9 Councilor JacksonNoisin m/s to approve Ordinance #3011. Councilor Navickas/Chapmau m/s to remove 14.06.060 (C)(6): "For residential gardeus where water supply restrictions will result in loss of food production crops..." Roll Call Vote: Councilor Silbiger, Chapman, Jackson, Navickas and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. Mr, Appicello read the change aloud removing from 14.06.060 (C)(6): "For residential gardens where water supply restrictions will result in loss of food productions crops, residential water curtailment rates identified in the Water AlIocatiou Table can be increased up to 25% after confirmation by the City that the account has instituted water efficieucy improvements." Roll Call Vote on amended motion: Councilor Silbiger, Chapman, Jackson, Navickas, Lemhouse and Voisin, YES. Motion passed. City Administrator Martha Bennett requested that a Special Meeting be scheduled to complete the discussion and decision on the Croman Mill Site Project. Councilor JacksonlNavickas m/s to continue discussion on the Croman Mill Site Project to the next meeting at which time staff will have rescheduled a meeting for consideration. Voice Vote: all AYES. Motion passed. 2. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to Public Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 2.52"? City Attorney Richard Appicello read the ordinance title aloud and noted the numerical limitations on discretion went to $35,000 on personal services by direct appointmeni, He eXplained Council could retain Findings by the Department Head that state when the City enters into a contract over $5,000 for personal services and staff does not have adequate personnel there should be a plan to accomplish those services and ensure the consultant has the appropriate expertise, The Oregon Administrative Rules (OARs) contained similar language but staff could add it to 2.52.040 Provisions of Findings under the Personal Service Contract Provisions 2.50.120 if Council wanted it added, Council suggested defining "competitive process" under 2.50.120 Personal Service Contracts (4)Continuation of Work Exemption: "...work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process..." as the full Request for Proposal (RFP) process, Another suggestion directed staff to look into adding language on doing business locally, Councilor Lemhouse/Jackson mls to approve first reading of Ordinance and place on agenda for second reading. Roll Call Vote: Councilor Navickas, Lemhouse, Silbiger, Chapman, Voisin and Jackson, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting was adjourned at 10:27 p.m. ] Barbara Christensen, City Recorder John Stromberg, Mayor , CITY OF ASHLAND Council Communication Public Safety Bond Committee Final Report and Recommendations Meeting Date: May 18, 2010 Primary Staff Contact: Ann Seltzer Department: ' Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: 10 Minutes Question: Does the Council accept the final report and recommendations of the Public Safety Bond Committee? Staff Recommendation: Accept the final report and recommendations of the Public Safety Bond Committee. If Council accepts the recommendations, staff will develop an implementation plan for council review and discussion at a future meeting. This implementation plan would focus adding a measure for Fire Station No, 2 to the May 2011 ballot. Background: In July 2009, the City Council adopted a goal to replace Fire Station No.2, This goal followed the City's Facilities Master Plan, completed in 2008, In January 2010, the City Council approved the appointment of a fourteen-member committee to evaluate four public safety projects including: replacement of Fire Station #2, improvements to the existing Police Station, financing of an aerial ladder truck and financing a firefighter training tower. The purpose of this committee was to determine: . Whether there is a valid need for the identified public safety facility improvements . Which public safety facility improvements should be on the levy . Whether the City should seek voter approval of a General Election Bond (or a series of GO Bonds) to fund the various improvements . What amount should be on the levy . And, ifit is determined a GO Bond should be placed on the ballot, which election date is recommended, and . Provide to the Council the committee rational on making a final decision/recommendation to the CounciL The Committee met eight times over the past four months and thoroughly evaluated each proposed project. The final report is attached and includes the following recommendations, Fire Station #2 The committee unanimously agrees there is a valid need to replace Fire Station #2 and the need has reached a critical leveL The Committee recommends the City seek voter approval of general obligation bonds not to exceed $3 million and to place a measure on the May 2011 ballot. Page 1 of3 r.t. , CITY OF ASHLAND Improvement to Police Station The Committee unanimously agrees there is a valid need for expansion and improvements to the Police Station, This project should be a top priority for the City and would be more cost effective if the station was relocated to the Grove. Of the thirteen members present, twelve recommend the City seek voter approval of general obligation bonds at a general election after May, 2011. Fire Traininl! Facility The Committee unanimously agrees there is a valid need for a training facility but does NOT recommend seeking general election bonds to finance the facility. Aerial Ladder Truck The Committee unanimously agrees there is a valid need for an aerial ladder truck but does NOT recommend seeking general election bonds to finance the truck, Public Safety Bond Committee The Committee unanimously agrees to re-convene as a group to work on the May 2011 campaign for passage of the measure to finance Fire Station #2; to serve as a community sounding board for citizens with interests or concerns about the need for Fire Station #2; and to be "on-call" should the City Council need to re-convene the committee, Committee Members 1, Don Makin, Chair (Facilities Master Plan Committee) 2, George Kramer (Facilities Master Plan Committee) 3. Laura Dougherty (CERT Volunteer) 4. Mary Modesitt (Volunteer Police) 5. OlaffPaul (Volunteer Police) 6. Clark Custodio (Retired Fire Chie/) 7, Dennis Slattery (Budget Committee) 8. Dave Dotterrer (Planning Commission) 9. Roberta Stebbins (Budget Committee) 10, Daryl Boldt (long time residentlbuilder) I/. Loren Razzano (long time resident interested in city) 12, Jerry Kenefick (finance/accounting background) 13. Lee Fox (retired USFS) 14, Thomas Walters (wants a "common sense" approach to public safety improvements/funding) Related City Policies: Council Goal Setting Council Options: 1) Accept the report and recommendation of the Public Safety Bond Committee and direct staff to prepare an implementation plan for Council review at a future meeting. 2) Accept the report of the Public Safety Bond Committee and take no further action. Page 2 of3 ~;., CITY OF ASHLAND Potential Motions: I move to accept the report and recommendations ofthe Public Safety Bond Committee and direct staff to prepare an implementation plan for Council review at a future meeting, targeting May 2011 for a ballot measure for Fire Station No, 2 as recommended, I move to accept the report of ihe Public Safety Bond Committee and take no further action at this time, Attachments: . Final Report and Recommendation . Estimated project costs and tax rate . Background Information Identified Public Safety Needs Page} of3 r~' CITY OF ASHLAND Public Safety Bond Committee Final Report and Recommendation to the City Council May 18, 2010 Fire Station #2 Recommendation The committee unanimously agrees there is a valid need to replace Fire Station #2 and the need has reached a critical leveL The committee recommends the City seek voter approval of general obligation bonds not to exceed $3 million and to place a measuie on the May 2011 ballot. Rationale . The present building is obsolete, Upgrades, even if possible, would be a band aid approach and a poor investment. If not replaced it is conceivable the building will have to be closed in the next few years. . Eliminating Fire Station #2 and relying on Station #1 as the sole provider of emergency services was considered and quickly abandoned, Response times are a critical component for fire services and current response time in Ashland is 5 minutes from either station. Eliminating Station #2 would increase response times to 9 minutes and greater to some areas of Ashland, . The 2009 design for Station #2, which has been approved by the Planning Commission, is significantly scaled down from the design and cost voters rejected a few years ago. The committee speculates that the previous ballot measure for Station #2 failed probably due to the perception that Station #1 was overbuilt and too expensive, It will be critical that voters understand the revised design work responsibly trimmed construction costs, . The committee considered and rejected the idea of placing a measure on the November 20 I 0 ballot. The Ashland School District is seeking renewal of the Youth Activities Levy and the committee was concerned the two measures, though very different, could compete with one another. The committee is aware that the longer the wait the likelihood the construction costs will increase but still feels it is better to wait than to go to the voters in November. . A May election does not require 50% voter turnout as a result of the passage of Measure 56 in November 2008, Improvements to Police Station Recommendation The committee unanimously agrees there is a valid need for expansion and improvements to the Police Station, This project should be a top priority for the City and would be more cost effective if the station was relocated to the Grove, Of the thirteen members present, twelve recommend the City seek voter approved general obligation bonds at a general election after May of2011. The dissenting voter supports the need for the Police Station improvements but did not want the police station to have an open ended time frame for putting the project on a ballot. Rationale . Committee members considered combining Fire Station #2 and Police Station improvements into one measure. After much discussion, it was narrowly determined that a single-issue GO Bond for Fire Station #2 would be more acceptable to voters, given the current economy, Many on the committee felt that a combined public safety GO Bond, including both facilities was a responsible and cost effective strategy, however a majority, concerned by the critical issues at Fire Station #2, determined that a focused bond would have the greatest likelihood of gaining voter approvaL . In addition, some committee members were reluctant to recommend moving the Police Station to the Grove without knowing the political climate or if sensitive sentiments were still associated with the use of the Grove and could possibly risk losing the vote for Fire Station #2. . The committee considered placing both items as separate measures on the same ballot. After much discussion, it was agreed that this could either split the "yes" vote and both measures fail, or voters might vote yes for the lesser amount needed by the Police Station and vote against the higher amount needed for Fire Station #2, Since the committee believes the need for Fire Station #2 has reached a critical level they decided to keep the two measures on separate election dates, . The preliminary estimate, prior to a detailed design and cost analysis, is $1 million to make improvements to the Grove for a Police Station. The Grove would provide 11,000 square feet at a cost of approximately $90 per square foot. The Grove could accommodate all the needs identified for PO and provide space for a large briefing room/training room which could serve as the City's Emergency Operation Center. The estimated cost includes the minor seismic improvements needed to meet the Federal and State seismic standards for buildings housing "essential services," . The preliminary estimate, prior to a detailed design and cost analysis, is $1.3 5 million needed to remodel and expand the existing station to 9,000 square feet at a cost of $150 per square foot. This amount includes $250,000 for seismic 2 retrofitting to comply with Federal and State requirements of buildings housing "essential services". . There is a lack of space and much overcrowding in the Police Station and this is not conduciye to efficient and effective police work, Permanent retention of evidence is required by law and currently there is a critical lack of storage space. Fire Training Facility Recommendation The committee unanimously agrees there is a valid need for a training facility but does NOT recommend seeking general election bonds to finance the facility, Rationale . The committee recognizes the need for this project and appreciates the cost savings that could be realized by having fire fighters training in town rather than at similar facilities at nearby Fire Districts, . Generally, the committee feels this is the lowest priority. The Fire Department has the grant-funded training trailer in place and voters should not be asked to fund this ,structure. . The Chief should continue to seek partnerships, grants or shared cost projects with other Districts, Aerial Ladder Truck Recommendation The committee unanimously agrees there is a valid need for an aerial ladder truck. The committee voted 12 to I NOT to recommend seeking general election bonds to finance the equipment The committee encouraged the dissenting member to submit a minority report which is included with this report, Rationale . Equipment needs should not be financed with bonds or levies, The sinking fund should be expanded to provide an aerial ladder truck and all other necessary fire fighting apparatus, . The City should seek opportunities to purchase a used vehicle, Public Safety Bond Committee The committee unanimously agrees to re-convene as a group to work on the May 2011 campaign for passage of the measure to finance Fire Station #2; and to serve as a community sounding board for citizens with interests or concerns about the need for Fire Station #2; and to be "on-call" should the City Council need to re-convene the committee, Rationale 3 . The committee members all expressed that their time on the committee was a tremendous learning experience about the capital needs of the Public Safety facilities and recognize that most citizens are not cognizant of those needs and have not had the benefit of learning about the two facilities, . The committee feels strongly that Fire Station #2 is a critical need and passage of a general obligation bond is essential. . The committee recognizes that this final report may generate additional questions by the City Council about funding Public Safety capital projects. Minority Report The committee unanimously supports including the Minority Report, prepared by committee member Clark Custodio, in this final report to the City Council. The Minority Report addresses the need to seek voter approval of a general obligation bond to finance an aerial ladder truck. Rationale . The committee values the knowledge and expertise of Mr. Custodio, fonner Deputy Fire Chieffor Santa Clara, California and respects his opinion which differs from the majority of the committee. 4 Clark Custodio 1460 Fielder Street Ashland, OR 97520-3408 April 27, 2010 Dear Ashland Public Safety Bond Committee Members: I was tasked to write a short minority report on the desirability of placing the procurement of a new Fire Truck with a 75-foot ladder on a future election ballot. Justification for inclusion on the GO Bond Measure . ISO Rating . Firefighter Safety . Emergency Control Operations . Lack of adequate fire inspectors to conduct building safety inspections . Lack of a "sinking fund," also known as an amortization fund, for the replacement of fire apparatus ISO Ratinq - The Ashland Fire & Rescue would get credit points on the ISO Fire Suppression Rating Schedule (FSRS) if there were a fire truck in Ashland, It would count for 5% on the final FSRS numerical rating for the city, Firefiqhter Safety - Ground ladder operations are inherently dangerous during emergencies. Safe operations require that it be stabilized by a firefighter whenever another firefighter is on a ground ladder. Using the fire truck aerial ladder does not require a fire fighter for this operation, A ladder mounted on a truck is inherently much safer due to its strength, stability, and the side rails that will make falling off of the ladder much less likely, The capability of extending a ladder several feet above the roofline would make the ladder more visible to a firefighter on the roof enveloped in smoke, Emerqency Control Operations - The two longest ground ladders carried on first responding fire apparatus are 30 feet and 28 feet in length, Presently there are a significant number of buildings where these two ladders will not reach the roof. On commercial buildings this is the usual location to find Heating, Ventilation, and Air Conditioning (HVAC) units. On fire calls and smoke investigation calls one of the important fire ground operations is to check HV AC units, for they are often the cause of the alarm, The workhorse ladder for the fire service is a 35- foot ladder because of its versatility, It will reach a third floor window in addition to reaching the roof of a two-story building, Buildinq Inspections - Using a fire department ladder for rescue operations is one of the last options, if not the last, for rescuing or evacuating occupants, 5 These are staffing and time intensive operations. It is much easier to have building codes where there are protected hallways, stairs, and other exit ways that the occupants can use to safely exit the building. This must be reinforced with regular fire department inspections, Currently we only have a Fire Marshal who must divide her time between inspections and her normal duties of a Fire Marshal. Experience has shown that regular inspections by a trained inspector are needed to assure that these exit features are kept in good working order. Unfortunately, it is very tempting for occupants to use these exit ways for storage that will inhibit safe and quick exits. Occupants, who desire better ventilation, are tempted to block open fire doors that should be kept closed to assure that smoke and fire are kept out of a stairway or hallway, If a Fire Inspector is not available for regular fire inspections, then it is imperative that a fire truck be available for possible rescue and evacuation operations. Lack of a Sinkinq Fund for Vehicle Procurement - The current practice of having to go to the voters for an item that should be a city administration decision and its responsibility to fund is not a good management practice. A modern city should give the city's administration the flexibility to quickly adapt and fill the changing needs of the city, Having a Sinking (a,k,a, Amortization) Fund for the purchase of needed fire department apparatus is a good city management policy. 6 Gl Gl ... :!:: E E o () '0 r:: o 111 .?;-o .$!o l'llN UJe; .~ N :0 "i: ::::l Co 11..<( '" '" ~ '" cO N '" ~ Y> Y> N '" '" N N ... ~ CO? 0 0 0 0 0 0 N 0 cri 0 '" CO N 0 0 0 0 0 0 .. 0 CO 0 "'. "'!. ... ~ 0 0 0 0 0 0 .. 0 0) 0 "'. '" ~ 0 0 0 0 0 0 ci ci 0) 0 0). CO< N ~ N c: .. c: ,Q 0 rn ~ Ci5tii Ui '0 ., 0 e ,g E o ., u: o.cr: ~ , N ~ ., ~ '" Cl. ., fl! ., '" ., ~ 5 '" '" :Q '" '" Cl.., rn ~::;; '" ... '" .,; '" Y> 0 '" ~ .,; 0 0 N cri ~ '" . 0 0 CO< ... co '" cD 0 0 CO< ... 0) '" N 0 0 0 0 0) 0) c<i '0 c: '" N c: .. 0 c: "' 0 '" ECi5 0; '0 (j)"O <ugE ~~& r- <h !!! 'iij "- ,2 :0 "'0 0. c: ., 0 ., c: '" ~ .- >-:J .0_", E $ co o '" ., O(j)::;; CITY OF ASHLAND January 28, 2010 Background Infonnation Public Safety Bond Committee Fire Station #2 The replacement of Fire Station 2 is the top priority of the City of Ashland's Facilities' Master Plan. The existing building is over 40 years old and has exceeded its useful life due to its condition and quality of construction, The current structure is built of non-reinforced hollow concrete block, which is already showing signs of cracks and overall deterioration. The structure is vulnerable to a significant seismic event Current building codes, the Occupational Safety and Health Administration, as well as National Fire Protection Association, require fire stations and other critical infrastructure to be built to higher standards, In the current facility there is insufficient space for all apparatus and a number are stored outside, There are currently no facilities to disinfect medical equipment or clean personal protective equipment There are no gender-specific restrooms or lock facilities. The living and sleeping areas are susceptible to contamination from diesel exhaust as well as an absence of floor drains causing water intrusion during rain, There are no accommodations for report writing, public reception, or training, A lack of insulation causes excessive utility costs, The most recent design for a replacement fire station, and one that has completed the permitting process, addresses all of these issues on the same property footprint The new design is estimated to cost $3.5 million, down from the $5.4 million of the original design, Expand Police Station Adding square footage to the existing police station is also a top priority in the City's Facilities Master Plan, The Plan proposes adding approximately 2700 square feet and extensive remodeling to a portion of the existing station, The estimated cost is $1,1 'million. The existing lobby is adjacent to the general work area, Computer monitors with sensitive information are visible to the public area, The public must travel past these monitors for interviews or fingerprinting services. Currently wDrk statiDn fDr the Detectives, Sergeants, VDlunteers and repDrt writing are squeezed into small Dffices due to. lack Df space, Often' five or six people DCCUPY areas designated fDr two work stations, StDrage fDr evidence has already reached the maximum capacity and evidence is required to. be retained indefinitely, Currently stDrage containers IDcated in the parking IDt are housing sensitive materials, The existing briefing roDm cannDt accDmmDdate the 30+ peDple who. Dften gather as a group and it dDes nDt provide roDm fDr required training, It is difficult to. schedule and CDStly to. use Dther spaces within the cDmmunity Dn a regular basis. Often a space is needed fDr training that should be able to accommodate 30 to. 50 peDple, The existing statiDn is inadequate to. retain and process persDns in tempDrary custDdy. Aerial Ladder Truck City Df Ashland Fire and Rescue desires to acquire an aerial ladder truck to. augment their heavy apparatus fleet. Currently, there are no aerial ladder devices in the cDmmunity and the tallest fire ground ladder is 30 feet. A 30 fDDt ground ladder, depending Dn cDnditiDns, will allow access only to. the windDw Df a secDnd flDDr Dccupancy, or the roDf of a two StDry building. Currently, Ashland Fire and Rescue has no. ability to. ladder abDve a secDnd story roof There are Dver 200 buildings in Ashland that Ashland Fire and Rescue cannot ladder occupied flDDrs Dr the rDDf An aerial ladder truck, along with carrying a large inventDry Df ground ladders up to 35 feet in length, has a hydraulically Dperated aerial ladder, typically 75 Dr 100 feet in length, There are five principal functiDns Df an aerial ladder: . InsertiDn Df fire suppression and/or search and rescue crews into. a multi-stDry building . ExtractiDn Df Dccupants frDm a multi-stDry building . Accessing the roDf Df multi-stDry building fDr vertical ventilatiDn . Providing a large diameter fire master stream fDr fire suppressiDn and/Dr expDsure protectiDn during structure or wild land fires . Executing stDkes-basket rescues frDm high or low points Current, mDdem aerial ladder trucks are available in a "Quint" cDnfiguratiDn, that alDng with the compliment Df grDund ladders, extrication and heavy rescue equipment, the apparatus has a water tank, hDse, and pump which allows it to perfDrm all functiDns Df a cDnventiDnal engine pumper as well as thDse Df an aerial device, This wDuld be the DptiDn Df chDice fDr Ashland Fire and Rescue due to. staffing limitations, Traininll Facilitv City Df Ashland Fire and Rescue, alDng with the Ashland PDlice Department, dDn't have a dedicated training facility to. train members and cDnduct department and mutual aid 2 manipulative exercises, A dedicated well designed facility would enhance the training opportunities and allow members to train in Ashland in lieu of sending members to regional training facilities and paying overtime for such, A training facility would allow live fire training as well as inter-department training as well as regional based training, The addition of a training facility will have a positive impact on Ashland Fire and Rescue's Insurance Services Office (ISO) rating, The ISO rating has a direct impact on nearly all commercial and much of the residential fire insurance premiums, Bond Information The following is a snapshot of costs associated with a General Obligation Bond for Public Safety Facilities Giyens: . GO borrowing will result in about 60% interest over 20 years .' Based on 2009 tax proceeds, every penny levied generates approximately $18,600 in tax revenue Project Cost + Interest TTL Cost/$1000 A V per year for 20 years Fire Station #2 $3.5M $2,IM $5,6M ,1505/$1000 A V Police Station $l.lM $660 K $1.76M ,0473/$1000 A V Ladder Truck $750K $450K $L2M ,028/$1000 A V Training Facility $600K $360K $960K ,0258/$1000 A V TOTAL $5.9M $3.57M $9.52 .25 I 6/$ 1000 A V A home assessed at $300,000 would pay $75.48 per year for 20 years, 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 13, 2010 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 Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Brandon Goldman, Senior Planner Derek Severson, Associate Planner Richard Appicello, City Attomey April Lucas, Administrative Assistant Absent Members: Debbie Miller Council Liaison: Eric Navickas, absent ANNOUNCEMENTS Senior Planner Brandon Goldman introduced the City's new Assistant Planner Michael Piiia to the Planning Commission. CONSENT AGENDA A. Approval of Minutes, 1. March 9, 2010 Planning Commission Minutes. Commissioners Dotterrer/Dawkins mls to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 8-0. PUBLIC FORUM No one came forward to speak, TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2009-00726 SUBJECT PROPERTIES: 720 Grandview Drive APPLICANT: McDonald, Lynn & Bill DESCRIPTION: Appeal by Bonnie Brodersen of the Staff Advisor's decision to approve a Physical and Environmental Constraints Review Permit for the property located at 720 Grandview Drive, Planning Action #2006-01784 previously granted approval for development in the Wrights Creek Floodplain and Riparian Preservation Lands for the improvement of a portion of an existing driveway, re-grading the transition of the driveway to Grandview Drive, the installation a private storm drain and the extension of utilities to serve a new single-family residence. The current application again requests a Physical & Environmental Constraints Revi~w Permit for development in the Wrights Creek Floodplain and Riparian Preservation Lands for the improvement of a portion of an existing driveway, re-grading the transition of the driveway to Grandview Drive, the installation a private storm drain and the extension of utilities to serve a new single-family residence. The current request differs from the previous approval in that it involves alterations to accommodate changes in vehicular access. A request for a Tree Removal Permit to remove two dead poplar trees is also included. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP #: 391E 05 CD; TAX LOT: 500, Commissioner Marsh read aloud the public hearing procedures for land use hearings, Ashland Planning Commission April 13. 2010 Page 1 of 3 Declaration of Ex Parte Contact Commissioners Dawkins, Blake, Mindlin, Dotterrer, Rinaldi and Marsh reported site visits, No ex parte contact was reported by any of the commissioners, Commissioner Marsh read aloud the applicable criteria for this planning action; she also noted a letter was submitted by the Appellant, Bonnie Brodersen, requesting the record be kept open for 7 days. Staff Report Associate Planner Derek Severson presented the staff report for this application, He reviewed the location of the subject property, the Applicant's prior approval, and their current proposal. He explained the Applicant had previously received approval to improve the driveway leading to their property which crosses the comer of tax lot 411, At the time, the owners of tax lot 411 verbally agreed to an access easement; however the Appellant, Bonnie Brodersen, is now the owner of that property and is not willing to grant the same easement. Due to this change in access, the Applicant's are proposing to construct a new driveway that would be located 13 ft. closer to the creek in order to ai/Did the comer of the Ms, Brodersen's property, Mr. Severson noted the previously approved improvement would have resulted in approximately 324 sq. ft. of disturbance within the riparian zone, and the current proposal will result in 743 sq, ft, disturbance. Mr, Severson addressed the concems raised by the Appellant. He clarified while staff does not believe the proposed driveway improvement will impede access to the Appellant's property, staff is recommending that the Applicant's landscape plan be revised to ensure future access to this property, He stated the Appellant has also raised objections with which ordinances apply, Mr. Severson clarified the bulk of the Applicant's property, including the area identified in the application, are entirely below 25% slope, and therefore the Severe Constraints ordinance does not apply, Additionally, the Water Resources ordinance does not apply because this application was submitted prior to that ordinance taking effect. Mr. Severson clarified this application was previously granted an extension and has been extended again through the Recession Extension Ordinance, He explained the question before the Commission this evening is whether to approve the driveway improvement which results in 743 sq. ft, of disturbance, He clarified this application is substantially the same as the previous application and results in the same end product on the ground, He stated the Applicant's have exhausted all of their options to access their property from the only available right of way and stated staff is recommending the Commission's approval. Applicant's Presentation Mark Bartholomew/Applicant's RepresentativeiMr. Bartholomew introduced Landscape Architect Kerry KenCairn, Engineer Mike Thornton, and noted the applicant Lynn McDonald is also present. Mr. Bartholomew stated the staff report does a good job of identifying the issues and presenting the history as clear as possible, He commented that they have been working on this for many years and provided some background on this project. He explained this action started as a simple building permit, but that administrative approval was appealed by the neighbor, Bonnie Brodersen, He stated the Applicants voluntary remanded the application and the City agreed to address Ms, Brodersen's assignments of error. The application was taken before the Planning Commission and approved, but that approval was then appealed by Ms, Brodersen, An appeal hearing was held in front of the City Council and the Council upheld the Planning Commission's decision, Ms, Brodersen then appealed the Council's decision to the Land Use Board of Appeals (LUBA), who also ultimately upheld the City's decision, Mr, Bartholomew explained that following the affirmative LUBA decision, the Ms, Brodersen purchased the adjacent property and will not grant the same easement identified in the original application. With that option exhausted, Mr. Bartholomew stated they are now forced to construct a separate driveway closer to the creek, He stated they have no other alternative and this is the only access to the property, Mr. Bartholomew clarified the portion of land that would be disturbed is further away from the creek than the existing Grandview Drive, and stated the Land Use Code allows for this as long as the disturbance is kept to a minimum, Mr. Bartholomew acknowledged the Appellant's request to leave the record open for 7 days and asked that they be granted an additional 7 days to submit final written argument. Ashland Planning Commission Apri/13,201O Page 2 01 3 Public Testimonv Joseph Bova/821 GrandviewNoiced his support for the Commission's approval of this application and stated construction of a single family home in this location wili be an improvement to the neighborhood, Mr Bova commented on the Appellant's objections and stated the nearby intermittent creek is non-fish bearing and is not a significant riparian corridor He thanked the Applicants for the measures they are taking to keep pollutants from entering the creek and stated the proposed driveway may actually reduce the amount of sediment. Mr. Bova commented that the Appellant in this action raised the same arguments in the mid-1990's when she appealed the building site for his home, He questioned the Appellant's motivations and stated if she truly cared about the environment she would grant the easement that would allow the driveway to be located further back from the riparian area, But since she is unwilling to do so, the Applicants are forced to move the driveway closer to the creek. Mr, Bova. concluded his testimony by encouraging the Commission to support this Application, Rebuttal bv the Applicant Kerry KenCairn/Project's Landscape Architect/Noted a concern has been raised in regards,to the Ponderosa Pine tree and noted the Arborist's letter included in the packet indicates there is no threat to this tree as part of this application, She added they are doing everything they can to stay as far away from the creek as possible, In regards to the proposed condition to modify their landscape plan, Ms, KenCaim stated she did not realize this was an access lot and stated it will not be a problem to modify the landscape plan. Mike Thornton/Project Engineer/Stated they have done the minimal amount possible in terms of road construction in order to provide this access, He stated they understand the importance of protecting the riparian corridor and stated they believe their small impact will have no net negative impact on this riparian habitat. Commission Marsh closed the public hearing at 7:40 p,m, Questions of Staff Mr Severson clarified staff is asking that the Applicant's landscape plan be adjusted so that their plantings do not impede future access to the adjacent tax lot. In terms of the new driveway, Mr Severson clarified the Applicant's will have to grade a transition from the gravel to a paved surface. Commissioners Dotterrer/Rinaldi m/s to leave the record open until April 21, 2010 at 4:30 p.m. (final written arguments will be due by April 28, 2010 at 4:30 p.m.) and to continue this item to the May 11, 2010 Planning Commission meeting. Voice Vote: all AYES. Motion passed 7.0. OTHER BUSINESS A. Approval of Findings for 2010.2020 SOU Campus Master Plan (PA.2009.00817) Commissioners Dawkins/Morris m/s to approve the Findings for Planning Action 2009.00817. Voice Vote: all AYES. Motion passed 7.0. ADJOURNMENT Meeting adjourned at 7:50 p,m. Respectfully submitted, April Lucas, Administrative Assistant " Ashland Planning Commission April 13, 2010 Page 3 of 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES April 27, 2010 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 Dollerrer Pam Marsh Melanie Mindiin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Brandon Goldman, Senior Planner Derek Severson, Associate Planner , Linda Reid, Housing Program Specialist April ~ucas, Administrative Assistant Absent Members: Debbie Miller, absent Council Liaison: Eric Navickas ANNOUNCEMENTS Community Development Director Bill Molnar noted the Economic Development Strategy update will come before the Commission at their May Study Session, He also commented on the Croman Mill Plan and stated the Council held their first public hearing on April 6th and this item will be continued at the Council's May 4th meeting, Commissioner Marsh stated at the May Study Session she would like the Commission to revisit the goals they set at their annual retreat and determine what still needs to be accomplished before the end of the year. PRESENTATIONS A. 2010-2014 CDBG Consolidated Plan Update. Housing Program Specialist Linda Reid and Senior Planner Brandon Goldman provided a presentation on the 2010-2014 CDBG Consolidated Plan, Mr. Goldman explained the Consolidated Plan contains an assessment of needs for specific eligible activities to benefit low income populations and populations with special needs. It also contains a housing market analysis, an evaluation of resources that are available to serve the specific populations, an assessment of barriers to affordable housing" an analysis of impediments to fair housing, an evaluation of economic and community development needs, and an outline of the public participation process for how the CDBG funds will be allocated, He noted most of the demographic information comes from the 2000 Census but in order to have it be more up to date, Ms, Reid and the Housing Commission supplemented the 2006-2008 American Survey data, Ms, Reid commented on the Consolidated Plan's public participation process, provided information on the City's housing types and vacancy rates, and provided information on the City's demographics, The following are some of the key figures listed by Ms. Reid: . Ashland has 17 Census block groups and of those 8 are considered low to moderate income, . Between 1990 and 2008 the total population of people 55 or older doubled; and all other age groups with the exception of children under age 5 were reduced, . There is a higher percentage of individuals living below the poverty level in Ashland than in Jackson County, the State of Oregon, and the United States as a whole, , . Ashland has a lower median income than Medford, Jackson County, the State of Oregon, and the United States, Ash/and Planning Commission Apri/27,2010 Page lof3 Staff noted the City Council approved the 2010-2010 Consolidated Plan on April 20, 2010 and asked ifthe Planning Commissioners had any questions, Commissioner Dotterrer asked what impact Southern Oregon University students have on this data, Ms, Reid stated it is not possible to separate this information out of the Census report; however the University is coming out with their own data which will be very helpful. Commissioner Mindlin asked if CDBG funds could be used for transportation needs, Ms, Reid stated CDBG funds could be used for transportation improvements if those improvements primarily benefit low to moderate income families, and she provided some examples, Mr, Molnar noted the current Obama administration is moving in the direction of forming relationships between transportation and housing needs and indicated there may be future funding possibilities in this regard. Mindlin noted recent reports are indicating money spent on public transportation benefits lower income families to a greater extent per dollar than money spent on affordable housing projects. Ms, Reid briefly reviewed the grant recipients for this year's award and stated the leftover funds will be used to complete ADA and public facility improvements in qualified low income areas. B. Regional Plan for the Greater Bear Creek Valley Update. Associate Planner Derek Severson and Community Development Director Bill Molnar provided an update on the Regional Plan for the Greater Bear Creek Valley, Mr. Severson explained this plan, which is also called Regional Problem Solving or RPS, is a coordinated planning process that addresses the doubling of the valley's population over the next 40-50 years, He stated the full Draft Plan is now available on the City's website and stated the City is currently scheduled to present their final comments on the Plan at a public hearing before the Jackson County Planning Commission on August 12, 2010, Mr. Severson provided some history on this process, He stated in 2003 the City of Ashland agreed to participate in the RPS process, but decided to not identify any urban reserves, and instead would accommodate growth through infill and increased density. Mr. Severson reviewed the issues that were in a 2007 letter from the Mayor, and commented on a recent discrepancy in regards to the population allocation that is identified, He stated the City is in the process of working through this issue with the County and clarified Ashland never said our population would not grow, but rather that we would accommodate that growth within our current boundaries, Mr. Severson provided information on the adoption process and listed the next steps, He clarified the Jackson County Board of Commissioners is the deciding body in this action and once they have made their decision it will be forwarded to the Oregon Department of Land Conservation and Development (DLCD). He stated the cities will then have to incorporate the adopted plan into their individual Comprehensive Plans, and noted this will be fairly simple for Ashland since we are not proposing any changes, Once this step is complete and the DLCD adopts the plan, there will be an opportunity for cities to appeal the Plan, Mr, Molnar clarified the purpose of this meeting is to bring everyone up to date, and stated if the Commission would like to issue formal comments to the City Council in time for their public hearing, staff could allocate time at the Commission's May meeting, Commissioner Marsh questioned if this process has considered how the current economic recession will affect this Plan, Mr, Severson stated this has not really be discussed and stated it is not about the timeframe and deals more with how to accommodate the doubling when it occurs. Commissioner Mindlin commented that all of the issues outlined in the 2007 letter are still very important and noted she has concems with the transportation planning, She stated transportation development in the County will have an effect on Ashland even if it is happening elsewhere, Comment was made questioning if there will be an affirmation by the participants at the end of this process, Mr. Molnar shared some the concerns that were raised about cities backing out of the process in the end. He stated in lieu of an affirmation process, all of the cities who participated will have the opportunity to appeal the Plan, Ash/and Pfanning Commission April 27, 2010 Page 2 of 3 Commissioner Rinaldi commented that all of the issue.s raised in the 2007 letter are just as relevant today as they were then, and questioned how this Plan will affect air quality, wastewater capacity, etc. Commissioner Marsh read into the record a statement emailedtotheCommissionfrom"sd96950@hotmail.com". Commissioner Marsh noted the Commission could revisit this at their May meeting if they need to, but stated there seems to be general agreement with reinforcing the comments that are already on the table. Several commissioners voiced their agreement with this statement. Marsh stated she also agrees with the comments that have already made by the City, but stated she hopes the Council will not hold back when this goes before the County and hopes they will make a strong statement about our land use values being incorporated over time into the RPS process. Commissioner Dawkins commented that the City had the opportunity to stand with Jacksonville and not participate in this process which would have made a much stronger statement, but at this point there is not much room for disagreement. C. FEMA Flood Map Rate Modernization Update. Senior Planner Brandon Goldman provided an update on the FEMA Flood Map modemization. He explained this is a nationwide project that modifies the 100 yr. and 500 yr. flood zones in the City. Mr. Goldman stated these maps do not change the Ashland Modified Flood Plain, but they may impact citizens' flood insurance need and rates, developable land area, and building code requirements. He stated the City is working to alert the community about these changes and their opportunity to lock in insurance rates if they are affected. Mr. Molnar clarified the Ashland Modified Flood Zone was identified back in the 1980's based on discrepancies with the FEMA Flood Zone. He stated the Ashland zone was based on where water actually flowed during flooding events and stated staff does not anticipate moving that zone based on this newer infonmation from FEMA. Mr. Goldman noted that both zones are regulated, so even if someone is in the FEMA Flood Zone but not the Ashland Modified Flood Zone, they will be regulated to the same extent. Mr. Goldman provided further infonmation on the grandfathering clause to lock in insurance rates and clarified citizens will need to purchase insurance before the map revisions go into effect. He noted all of the updated FEMA Flood maps are posted to the City's website and citizens are encouraged to contact the Planning Division with questions. He stated this item will come back to the Commission in June, where they will be asked to adopt the revised maps and approve ordinance amendments that are necessary for consistency. Mr. Goldman noted the outreach that is being perfonmed and staff was thanked for all their efforts to assist the community through this process. ADJOURNMENT Meeting adjoumed at 8:52 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission April 27, 2010 Page 3 0(3 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES December 3, 2009 CALL TO ORDER - Co-Chair Zane Jones called the Ashland Tree Commission meeting to order at 6: 10 p.m. on December 3, 2009 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Zane Jones Kate Jackson - absent Casey Roland Kerrv KenCairn Staff Present Amv Gunter, Assistant Planner Anne Rich, Parks Denartment APPROVAL OF MINUTES November 5, 2009 Tree Commission Minutes - KenCairn I Rowland mls to approve the minutes of November 5, 2009. Voice vote: all AYES, Motion passed. The minutes were approved as submitted. WELCOME GUESTS None TYPE I REVIEW PLANNING ACTIONS: 2009-01483 SUBJECT PROPERTY: 44 Second Street APPLICANT: Trinity Parish DESCRIPTION: A request for a Tree Removal Pennit approval for a hazard tree located at 44 Second Street. The tree is located at the northwest corner of the building near the Labyrinth. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I-D; ASSESSOR'S MAP #: 39 IE 09 BD; TAX LOT: 3600 & 3700 Recommendation: That a I Y, - inch caliper deciduous tree that will achieve equal or greater size at maturity shall be planted on the property within one year. PLANNING ACTIONS: 2009-01431 SUBJECT PROPERTY: 377 Lantern Hill APPLICANT: Kerry KenCairn for Stephen Shekhar DESCRIPTION: A request for a Modification of the Tree Protection and Preservation Plan approved as part of Planning Action 2008-01843, Physical and Environmental Constraints Review Pennit for Hillside Development. The excavation of the foundation for the new addition to the single-family residence compromised the root structure of a inch DBH Douglas Fir tree that was originally proposed for preservation as part of that plan. The tree is located to the south of the building that is currently under construction. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; ASSESSOR'S MAP#: 391E 08DD; TAX LOT: 910 Recommendation: No additional comments or conditions of approval. ACTION ITEMS Tree City USA Application The Tree City USA application is due in Salem on December 15. All departments have reported and the City should be able to qualify for a Tree City USA Growth Award application because of Anne Rich's completion ofCommunity Tree Management Institute (CTMI). Plaque Installation at Science Works Bald Cypress The plaque provided by the State of Oregon honoring the Bald Cypress as one of the 150 trees planted in honor of Oregon's Sesquicentennial will be installed on Earthday in April, 2010. DISCUSSION ITEMS Tree Resolution - "Standard Fee per Caliper Inch" The Commission has been working towards having the language in the Tree Protection and Preservation section of 18.61; 18.61.084.C [Payment in lien of planting], 18.61.130.B [Enforcement Fee] & 18.61.130.C [Restoration Fee] adopted by resolution. The "standard fee per caliper inch" language needed to be set. The Commission reviewed 'fees per caliper inch' from various communities around the country. Some communities have complex formulas based on a base fee and then assessment of the trees health, age, size, and 'value'. Most communities have set fee of $100 to $150 per caliper inch. The Commission discussed having a higher value for hardwoods vs. softwoods or for specific species but for ease of implementation they determined one number would be best. Based on the 'standard fees' they researched, $150 was the chosen amount. ITEMS FROM COMMISSIONERS Liaison Reports: Council: Councilor Kate Jackson spoke about the City Council working towards establishing classes of offenses. The various types of code violations would lead to a class of fines so that not all offenses would result in court cases but would be payable by a fine. Parks: Anne Rich spoke about her experience going to CTMI and her project that is required as the 'capstone'. Anne used a program called I-Trees where she inventoried trees in the downtown and the program fonnd the value of those trees both environmentally and finically. Croman Advisory Committee Meeting (CAC): No report Current Balance - $ 590.00 ADJOURNMENT - Commissioner Jones adjourned the meeting at 8:00 PM. Respectfully submitted by Amy Gunter, Assistant Planner 2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES January 7,2010 CALL TO ORDER - Co-Chair Zane Jones called the Ashland Tree Commission meeting to order at 6:00 p.m. on January 7, 2010, in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Zane Jones Kate Jackson - absent Casey Roland Russ Neff Staff Present Amv Gunter, Assistant Planner Anne Rich, Parks Denartment - absent APPROVAL OF MINUTES December 3, 2009 Tree Commission Minutes - Roland I Jones mls to approve the minutes of December 3, 2009. Voice vote: all A YES, Motion passed. The minutes were approved as submitted. WELCOME GUESTS None TYPE I REVIEW PLANNING ACTIONS: 2009-01520 SUBJECT PROPERTY: 163 North Pioneer Street APPLICANT: Intatto Coffee, LLC (Terrill, Douglas & Leslie) DESCRIPTION: A request for a Site Review approval to renovate the existing building at 163 North Pioneer Street into a coffee shop with on-site coffee roasting. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP #: 39 IE 09 BB; TAX LOT: 12600 Recommendation: That the street tree planting specification pertaining to the spacing of the tree away from the power pole and away from the driveway shall be factored into the tree location. ACTION ITEMS 2009 Electric Department Annual Report David Wood, Electric Department Tree Trimmer attended to give the report. He explained tree pruning and line clearing tenninology and gave a brief description of the contents of the report. DISCUSSION ITEMS Tree Protection Planning Brochure The Commission requested Amy discuss with Bill Molnar how best to disseminate the flyer. Commission would like the flyer handed out to customers applying for Over-the-Counter building permits. Commission likes the question I answer format of the flyer. Wauld like to have some documentation of receipt of the flyer and that homeowner received and reviewed it. Amy explained that is very difficult since most often it's a contractor that is obtaining the permit and not the homeowner. 18.61.250 - Performance Bonds Commission discussed how a bond would be administered. Would bond resemble a 'contractor's assurity bond'? The bond places a value on the trees. Is the bond a tool that would facilitate better action? Would collection of a bond put "action taken against" on the CCB website? Is it based on the appraised value of the tree or a set fee? How is a bond release? Is there a lapse in time from collection to release to assure that the tree has 'survived' construction? Amy will speak with Public Works Department (typically administers city bonds) and Bill Molnar, Community Development Department Director. ITEMS FROM COMMISSIONERS Liaison Reports: Council: None , Parks: None Current Balance - $ 590.00 ADJOURNMENT - Commissioner Jones adjourned the meeting at 7:40 PM. Respectfully submitted by Amy Gunter, Assistant Planner 2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES February 4, 2010 CALL TO ORDER - Co-Chair Bobby Townsend called the Ashland Tree Commission meeting to order at 6:05 p.m. on February 4,2010, in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Zane Jones Kate Jackson Casey Roland Russ Neff Staff Present Bobbv Townsend Amy Gunter, Assistant Planner Anne Rich, Parks Department APPROVAL OF MINUTES January 7, 2010 Tree Commission Minutes - Jones I Neff mls to approve the minutes of January 7, 2010. Voice vote: all AYES, Motion passed. The minutes were approved as submitted. WELCOME GUESTS Michael Dawkins, Planning Commissioner ACTION ITEMS Tree Walk The Tree Commission will hold a Tree Walk in conjunction with Ashland Parks and Recreation Dept. on June 5, 2010 from 9 AM - II AM and will be hosted by Anne Rich and Bobby Townsend. Amy will send the form to Parks for inclusion in the new Recreation Guide. Prefer if the walk is free with no registration. Casey's Tree Pruning Clinic is scheduled for Saturday, March 13 from 9 - noon. Sign up through Ashland Parks and Recreation. Arborist Roundtable Would the Commission be interested in inviting A~borist's and other tree professionals to a meeting to discuss issues, concerns, successes, etc.? How would people use the information? Tree professionals could bring questions, concerns, situations they've encountered and be 'trained' on the ordinance. Nursery representatives could learn about the Planning side of the Tree Ordinance, for instance using the Recommended Street Tree Guide to sell better street trees and asking basic questions about power lines overhead or other encumbrances. What ways can the Tree Commission be of assistance to tree professionals? The commission decided to discuss this topic with Arbonst and others they know to gauge their level of interest to determine if holding a meeting is feasible. DISCUSSION ITEMS 18.61.250 - Performance Bonds Continued to next month Arbor Week Planning The State of Oregon celebrates Arbor Week April 4 - 10; National Arbor Day is April 30. The Arbor Week Proclamation will be read by the Mayor at the April 6, 2010 City Council meeting as required per Tree City USA specifications. Oregon Department of Forestry (ODF) will also present the City with the 25 Tree City USA award. The Commission will place the Tree of the Year winner's plaque at the Dogwood Tree. Amy will contact the property owners to see when the tree blooms and whether the two can be coordinated. The Friday of Arbor Week works well also as it has for the past winners. The Commission will also place the plaque was the given to the City by ODF for the Bald Cypress planted last year as part of the Oregon Sesquicentennial, 150 trees for Oregon. The Ashland Boy Scouts are doing a Riparian Planting with Ashland Parks at the "Ashland Ponds" near the wastewater treatment plant and it could be part of the Arbor Week events. Anne will check with Jeff McFarland regarding when their thinking about doing that planting. The Commission also discussed options for an Arbor Week tree, the High School was discussed. Anne will talk with the grounds crew, Amy will talk with Steve Gies about acquiring a tree. Recommended Street Tree Guide - Descriptions of trees / Amy went through the 'final' list of changes to the Recommended Street Tree Guide. Each Commissioner took a tree which they would then write the Guide page of information about. Amy will get the proposed changes to Mark Mularz from Acorn Design so he may provide a bid on the proposed changes. The Commissioners were asked to have their descriptions provided to Amy before the March 4,2010 meeting. ITEMS FROM COMMISSIONERS Liaison Reports: Council: The Tree Commission Resolution adding language to 18.61 allowing for the option of payment in lieu of planting, enforcement fees and restoration fees passed at Council. Parks: None New Business: The trees at the Ashland Hardwired Building on A Street were topped. The Commission would like some contact made with the property owner informing them of the code (AMC 13.16) which requires street trees to not be topped. In their experience they have seen that once people start enacting topping as a form of pruning, that it spreads to others and it is not a proper technique and can harm the trees. Current Balance - $ 590.00 ADJOURNMENT - Commissioner Townsend adjourned the me'eting at 8:00 PM. Respectfully submitted by Amy Gunter, Assistant Planner 2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES March 4, 2010 CALL TO ORDER - Co-Chair Zane Jones called the Ashland Tree Commission meeting to order at 6:05 p.m. on March 4, 20 I 0, in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Zane Jones Kate Jackson Casev Roland Russ Neff Staff Present Bobbv Townsend Amy Gunter, Assistant Planner Kerry KenCairn APPROVAL OF MINUTES February 4, 2010 Tree Commission Minutes - Roland I Townsend mls to approve the minutes of February 4,2010. Voice vote: all A YES, Motion passed. The minutes were approved as submitted. WELCOME GUESTS Michael Dawkins, Planning Commissioner TYPE I PLANNING REVIEW PLANNING ACTIONS: 2010-00069 SUBJECT PROPERTY: 163 and 175 North Pioneer Street APPLICANT: Sichel's Delicatessen, LLC (Terrill. Doug/os & Leslie) DESCRIPTION: A request for a Site Review approval to renovate the existing building at 175 North Pioneer Street into a delicatessen, and a modification of previously approved Planning Action #2009-01520 which granted Site Review approval for a coffee shop with on-site coffee roaster for the adjacent property located at 163 North Pioneer Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I; ASSESSOR'S MAP #: 39 IE 09 BB; TAX LOT: 12500 and 12600 Site Visits: Roland, Jones, Townsend Recommendation: I) That a landscaping and irrigation plan in accordance with the Site Design and Use Standards shall be submitted with the Building Permit application for review and approval. The street tree shall be shown on the plan. The landscaping and irrigation shall be installed in accordance with the approved plan prior to issuance of a Certificate of Occupancy. 2) The small street tree adjacent to the driveway shall be replaced with a larger stature street tree. The street tree shall be chosen from the Recommended Street Tree Guide and planted in accordance with the Street Tree Planting Standards from the Site Design and Use Standards Section 11. 3) An open canopy street tree that begins branching above six (6) - eight (8) above grade shall be selected and installed prior to issuance ofa Certificate of Occupancy. 4) That the applicant shall be careful of the roots of the adjacent neighboring properties trees along west property line throughout the demolition of the garage and excavation to install the paver parking areas. If roots encountered they shall be cut with a sharp saw and recovered with soil immediately. PLANNING ACTION: 2010-00141 SUBJECT PROPERTIES: 857 Clay Street APPLICANT: Douglas Fergus DESCRIPTION: A request for a Conditional Use Pennit and Site Review approval to convert a portion of an existing, detached garage into an Accessory Residential Unit for the property located at 857 Clay Street. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-5; ASSESSOR'S MAP #: 39 IE 14BC; TAX LOTS: 4100 Site Visits: Townsend, Jones Recommendation: I) The driveway shall not be moved closer to the Oak tree near Clay Street. 2) The applicant shall plant a ground cover in the area of the removed driveway. 3) The mistletoe shall be removed from the Oak tree. ACTION ITEMS Tree Walk The Tree Commission will hold a Tree Walk in conjunction with Ashland Parks and Recreation Dept. on June 5, 2010 from 9 AM - II AM and will be hosted by Anne Rich and Bobby Townsend. Amy will send the form to Parks for inclusion in the new Recreation Guide. Prefer if the walk is free with no registration. Casey's Tree Pruning Clinic is scheduled for Saturday, March 13 from 9 - noon. Sign up through Ashland Parks and Recreation. Arborist Roundtable Based on the feedback Tree Commissioner'S'received they will not be pursuing the roundtable discussion at this point. DISCUSSION ITEMS Arbor Week Planning The City Council meeting to The Commission will place the Tree of the Year winner's plaque at the Dogwood Tree. Amy will contact the property owners to see when the tree blooms and whether the two can be coordinated. The Conunission will also place the plaque was the given to the City by ODF for the Bald Cypress planted last year as part of the Oregon Sesquicentennial, 150 trees for Oregon during Earthday. The ceremonial Arbor Week tree will be planted at the Ashland Public Library. Amy will contact the librarians to incorporate the planting into either the Tuesday or Wednesday story time. ITEMS FROM COMMISSIONERS Liaison Reports: Council: Pesticide Subcommitree: Drafting integrated pest policy for the Ashland Parks Department that will then go to technical review and public cOJl1!l1ent. Water Curtailment Ordinance review: Right water, right use. Councilor Jackson asked if it would be appropriate to have an education component at Earth Day for water use, mulching, and deep watering methods as conservation measures. Having a mulching demo was discu~sed as a option. Parks: None New Business: Request to donate $60.00 to Ashland Parks for Earthday Event. Current Balance - $ 395.00 ADJOURNMENT - Commissioner Jones adjourned the meeting at 7:25 PM. Respectfully submiffed by Amy Gunter, Assistant Planner ...2. ._'11 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES April 8, 2010 CALL TO ORDER - Co-Chair Bobby Townsend called the Ashland Tree Commission meeting to order at 6:00 p.m. on April 8, 2010, in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Zane Jones Casey Roland Russ Neff Staff Present Bobby Townsend Amy Gunter, Assistant Planner Kerrv KenCairn Anne Rich, Ashland Parks Department APPROVAL OF MINUTES Continued to May 6, 20 I 0 Meeting \ WELCOME GUESTS Tom Meyers, Arborist, potential Tree Commissioner. Tom helped the City of Ashland first become one of the Tree City USAs, which has been continuing for 25 years. ACTION ITEMS Earthday Schedule: 10 - 12: Amy & Bobby 12 - 2: Russ & Steve 2 - 4: Zane & Kerry Casey, Tom, Steve and Anne will be there all day to assist. Tom suggested that the Commission hold Tree Prnning demonstrations throughout the day to give a hands on example of proper tree pruning. Amy will contact Mark DiRenzio, Executive Director of Science Warks and see if they would have any issues with that Anne will see if the chipper would be available so the cut wood would be able to chipped and possibly mulched back on to the trees. DISCUSSION ITEMS Tree of the Year plaque installation (May 14, 2010 - 2:00 PM) ITEMS FROM COMMISSIONERS Liaison Reports: Council: None Parks: None Zane's Farewell: Zane Jones has been on the Commission for the past three years and is stepping down to devote more time to his family. Zane has three pet projects that he would like to see completed. Current Balance - $ 335.00 ADJOURNMENT - Commissioner Townsend adjourned the meeting at 7: 15 PM. Respectfully submitted by Amy Gunter, Assistant Planner ".11 ..."1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Creating a New Chapter 13.30 - Relating to the Advance Financing of Public Improvements Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: May 18,2010 Public Works N/A Martha Benn Michael R. Faught faughtm@ashland.or.us Richard Appicello Consent Ques~ion: Should the Council approve continuance of First Reading of this ordinance from May 18, 2010 to August 3, 201O? Staff Recommendation: Staff recommends Council continue First Reading of this ordinance to August 3, 2010. Background: This item was originally scheduled for the March 16,2010 Council meeting but was automatically continued to April 6, 2010 by operation of AMC 2.04.030.E. The Council continued the matter on the consent agenda to May 18, 20 I O. In order to give Council enough time to deliberate, City Administration requested this matter be again continued to the August 3, 2010 regular Council meeting. Related City Policies: N/A Council Options: I. Move to approve continuance of First Reading to August 3, 2010. 2. Postpone First Reading to another date certain. Potential Motions: Motion to continue First Reading of the ordinance to August 3, 2010. Attachments: N/A Page 1 of 1 r~' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Housing Commission May 18, 2010 Primary Staff Contact: City Recorder E-Mail: Mayor's Office Secondary Contact: Martha Bennet Estimated Time: Barbara Christensen christeb{al,ashland.or. us Mayor Stromberg Consent Question: Does the City Council wish to confirm the Mayor's appointment of Jody Waters to the Housing Commission with a term to expire April 30, 2011? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Housing Commission on application received. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Jody Waters to the Housing Commission. Potential Motions: Motion to approve appointment of Jody Waters to the Housing Commission with a term to expire April 30,2011. Attachments: Application received . Page I of I rtl' " . SOU1HERN OREGON UNNERSITY Barbara Christensen, City Recorder City of Ashland 20 E. Main Street Ashland, OR 97520 April 27 2010 Dear Ms. Christensen, Following our phone conversation tills morning, lam pleased to submit my application for the City of Ashland Housing Commission. My application comes at the suggestion of Graham Lewis, who currently serves on the Housing Commission, as well as Mayor Stromberg. I have been quite involved in homeless advocacy here in Ashland, and in other communities prior to moving here in 2004. In addition, I have focused much of my research and teaching over the last five years on homelessness, povertY and socio-economic disparity as cultural and social issues, and I have worked as the kitchen coordinator at Uncle Foods Diner for the last four years. I was also part of the now-defunct Ashland Homeless Alliance, and have been involved in various efforts to understand and address aspects of hunger, food security, homelessness and other issues this and other communities, over the past 12 years. I would be pleased to serve the community as a member of the City of Ashland Housing Commission, and am happy to provide further information should you require it. . Jody Waters Enc: City of Ashland Application for Appointment to City Commission Curriculum Vitae Department of Communication 1250 Siskiyou Boulevard Ashland, Oregon 97520-5023 Tel 541-552-6424 Fax 541-552-8446 I i I I I I I i ., I I I 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 christeb(Q)ashland.or.llS. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name J&~ ~S Requesting to serve on: ~ (,4S I tJ-4 Address.'");'"). ~ ~,( Ie t '1 aU OccupatIonL~("Q___ Phone: Home (Commission/Committee) I. Education Backl!l'ound What schools have you attended? ~ O~(~ Work - (,'::/. Email ~4.~~OU'~ Fax ~I ~ 1f<lCff,. I\. }t-tY1Il/Ar _ f:;!! 9ll "","it - "t('S'"a GAl-e-4.J . . I I I I What degrees do you hold? i-IA- l' r-A}' I f/.-..~ What additional training or education have you had that would apply to this position? iJO/lo(, ;~ p4N-li~Ao let;/- T ~ f.v,~ ~kvJ~, '''' 2. Related Experience fA,..c,..f>'''Q 'I. t....~f ~ 4 / ,f((,.&.t.,$ ~ What prior work experience have you had that would help you if you were appointed to ~/~'" 12- this positio,? . UtL';'ow V1Jlto.ffAi/ (,111 ~ ~ Yt--( 1~~d1-.- 'ff.MT . 1-t'~yj'<".Ir +~...r.''1 ~ k.e...i/~... /4-1.Io4..J...!.fbl.fS ~,~ ~ -:k lilA'" - .e.,".J.&~"~L ikft:u"~1.. Do you feel it would be advantageous for you to ave further training in this field, s ch ~~. ~ t- as attending conferences or seminars? Why? . J",.I ~ I " 0 ~;t,.~( ~I J..uI.{;ryl....-I~'~ tv c,.fl' "'1. t , J w.. { (,/ ""'-L k.. .....'W t, .f ri"A'1 rv''fa.~J~. 3. Interests Why are you applying for this position? ~I'A~.~ b"(_ k~\ " U ~ bl..-~~ n:i ~ l~f- tI ('~". I~i-~__ 1i~~ ~ f.Hi~ 4. Availabilitv Are you available to attend special meetings, in additio meetings? Do you prefer day or evening meetings? ~w {ld ,0-:/.4 T IoIill be.. tJ..n-.' ~ + J"fJ:'.R- JtII--ed-'M.4I' . 4i .1.__ nO' 5. Additional Information t.~ ~<." 4 a- r'7"'l'<-#. How long have you lived in this community? -s-:~ 1 ~ . Please use the space below to summarize any additional qualifications you have for this position --tJA ~ ~ ~~ "!'~'lltJ Day '.1' CURRICULUM VITAE JODVWATERS 2287 Siskiyou Blvd AsWand, OR 97520-1227 Telephone: Office: E-mail: 54] 201-0279 541 552-6423 watersj@sou.edu EDUCATION: 2002 Ph.D., University of Texas At Austin, Department of Radio-Television-Film Dissertation TiIle: Text, Context, and Communicative Practice Within An Alternative Discourse of Development: The fNo! AI Club de Golf Movement ofTepoztllin, Morelos 1992 M.A., University of Calgary, Communication Studies 1989 B.A.(Hons.), Carleton University, Mass Communication PROFESSIONAL EXPERIENCE: 2009-present Associate Professor Department of Communication Southern Oregon University, Ashland OR 2004-2009 Assistant Professor Department of Communication Southern Oregon University, Ashland OR 2004 Assistant Professor ~ Mass Communication Program, School of Journalism and Communication Carleton University, Ottawa ON 2002-2003 Project Directorflnstructor The Telecommunications and Information Policy Institute The University of Texas at Austin, Austin TX 1997-2001 Assistant Instructor' Department of Radio-Television-Film The University of Texas at Austin, Austin TX 1995-1997 Teaching Assistant Department of Radio- Television-Film The University of Texas at Austin, Austin TX . 1994-1995 Coordinator and Facilitator "Creating Sustainable Communities" Course The Canada-Asia Partnership The University of Calgary, Calgary AB and St. John=s NF 1993-1995 Field Researcher, Consulting Community Educator Extension Community Development Co-operative, St. John's NF 1990-1992 Administrative and Research Associate University ofCalgary-Universidad Centroamericana Social Development Project Managua, Nicaragua 1989-1991 Teaching Assistant Graduate Programme in Communication Studies Faculty of General Studies University of Calgary, Calgary AB PuBLICATIONS: J. Waters (2008). Sustainable Development. In Wolfgang Donsbach, Ed. The International Encyclopedia of Communication. Malden, MA: Blackwell. J. Waters (2007). Critical Discourse Analysis as a Tool for Student Talk and Action on Hunger and Homelessness in Southern Oregon. Oregon Campus Compact Compendium of Tools for Civic Education. Portland, OR: Oregon Campus Compact. J. Waters (2005). Rick Mercer. Encyclopedia of Television, 2"d Ed. New York, NY: Routledge. J. Waters (2005) Anne of Green Gables. Encyclopedia of Television, 2"d Ed. New York, NY: Routledge. S. Strover, J. Waters and G. Chapman (2004). Beyond Community Networking and CTCs: Access, Development and Public Policy. Telecommunication Policy. 28,465-485. J. Waters (2004) Book Review: News from Abroad. Canadian Journal of Communication, 29 (3). J. Waters (2004) Book Review: The CNN Effect: The Myth of News and Foreign Policy. Canadian Journal of Communication, 29 (3). J. Waters and K. Wilkins (2003). International News Discourse on Alternative Development Strategies. In R. Luthra (Ed.) Encyclopaedia of Lift Support Systems. Paris: UNESCO. J. Waters (2000). Power and Praxis in Development Commnnication Discourse and Method. In K. Wilkins (Ed.) Redeveloping Communication for Social Change: Theory, Practice and Power. Lanham, MD: Rowman & Littlefield Publishers, Inc. K. Wilkins and J. Waters (2000). Current Discourse on New Technologies in Development Communication. Media Development XLVII: 57-60. PUBLICATIONS IN PROGRESS: J. Waters (in progress). Talking Trash about Homelessness: A Critical Analysis of Homelessness in Commnnity Discourse. Journal Article. J. Waters (in progress). Discourse, Practice and Communication in Development: The iNo! Al Club de Golf Movement ofTepoztltin, Morelos: Book-length manuscript. J. Waters (under revision after revise and resubmit). Tepoztl<in Revisited: Culture and Identity as Community Power. Journal article. REFEREED CONFERENCE PRESENTATIONS: J. Waters, C. Lucas, S. Strover and G. Chapman. Seeking Community in Community Networks in Texas. International and Development Communication Division, International Communication Association, 2004. J. Waters, S. Strover and G. Chapman. Redefining Public Access Strategies. Communication Technology and Policy Division, International Communication Association, 2004. S. Strover, G. Chapman and J. Waters. Beyond Community Networking and CTCs: Access, Development and Public Policy. Presented at the Telecommunications Policy and Research Conference, 2003. . J. Waters. jNo! AI Club de Golf!: Development Communication as the Construction of a Discourse of Resistance in a Community-Based Social Movement International Communication Association, 2002. J. Waters. Teaching Communication in Times of Crisis. Ronndtable. International Communication Association, 2002. J. Waters and K. Wilkins. Sustaining Sustainable Development: International News Coverage of Alternative Development Strategies. International Communication Association, 2001. J. Waters and K. Wilkins. Current Discourse on New Technologies in Development Communication. International Communication Association, 1999. K. Wilkins and J. Waters. Technologies in Development Communication: Considering the Relevance of the Nation-State and the Potential for Participation. International Association for Media and Communication Research, 1998. J. Waters. Power, PraXis and Ethnographic Method in Development Communication. Redeveloping Communication For Social Change Conference, University of Texas at Austin,1998. J. Waters. Dialogue in Procedure and Organization: A Framework for Praxis in Development Communications. International Communication Association, 1997. J. Waters. Participatory Research, Dialogue and Development Communications: Theoretical and Practical Considerations. Canadian Communication Association, 1991. J. Waters. Appropriate Technology for Communities, Culture and Development. Conference of Western Canadian Graduate Students in Communication, 1990. . OTHER SCHOLARL V/PROFESSIONAL DEVELOPMENT ACTIVITIES: 2008: A warded SOU Professional Development Grant for Curriculum Review of lower division Communication Curriculum 2007: Manuscript Review for Oxford University Press: book-length manuscript on Intercultural Communication 2007: Manuscript Review for Oxford University Press: book length manuscript on International Communication (review completed but author withdrew project) 2006: Conference Paper Peer Reviewer: International Communication Association 2005: Conference Paper Peer Reviewer: International Communication Association 2005: Chair and Respondent: Intercultural and Development Communication Division, International Communication Association UNIVERSITY SERVICE 2008-2010: University Studies Committee, SOU Faculty Senate 2008-2009: Advisory Council, SOU Faculty Senate 2008-2009: SOU College of Arts and Sciences Dean Search Committee 2008-2009: Faculty Mentor: Carl Green, Ronald. E. McNair Post Baccalaureate Achievement Program 2008: Hosted SOU Memorial service for deceased student firefighters 2008: SOU First Year Orientation Keynote Speaker 2008: SOU Public Infonnation Officer Search Committee Member 2007-2010: Intercollegiate Athletics Committee, SOU Faculty Senate 2007-2010: SOU Faculty Senate: At-large Senator 2007-2008: SOU College of Arts & Sciences Student Issues and Enrolment Team 2007: SOU Civic Engagement Day Committee Member 2007: SOU College of Arts & Sciences Associate Dean Search Committee Member 2007: SOU InternationaJ Student Advisor Search Committee Chair 2007: SOU Multicultural Affairs Resource Center Committee Member 2007: FacilitatorlModerator Health Needs in the Queer Community (ASSOU, QRC, WRC) 2007: Keynote Speaker: SOU OSPIRG Hunger Banquet 2007: SOU Foundations of Excellence Team Member 2007-2008: Faculty Mentor: Nicole Hernandez, Ronald. E. McNair Post Baccalaureate Achievement Program 2006-present: Faculty Advisor, SOU Students for Truth 2006: Speaker on Community Based Learning: SOU Faculty Orientation 2006: Keynote Speaker: Annual Inter-service Club Luncheon 2006: Appeared in televised promotionaJ materials for SOU on KOBI NBC affiliate 2006: Moderator: ASSOU Panel on Immigration and Immigrants' Rights 2006: 2006: 2005-2008: 2005-2007: 2005-2007: SOU Department of Communication Personnel Committee SOU Student Affairs and Leadership Coordinator Hiring Committee Member SOU Community-Based Learning Committee SOU Faculty Advisor: Oregon Student's Public Interest Research Group (OSPIRG) PROFESSIONAL AWARDS/SCHOLARSHIPS: Faculty Advisor: SOU International Students' Association 2006 2004 2003 2002 2002 1998 1997 1991 199] 1989-91 Oregon Campus Compact Faculty A ward Finalist. Oregon Campus Compact Civic Engagement A wards Celebration Course development stipend. Southern Oregon University Community-Based Learning (CBL)/Campus Compact Course proposals. Top Dissertation A ward. International Communication Association, Intercultural and Development Communication Division Honorable Mention, University of Texas Faculty of Graduate Studies Outstanding Dissertation A wards Top Student Paper, Intercultural and Development Communication Division, International Communication Association University of Texas Faculty of Graduate Studies Continuing Fellowship Top Student Paper, Intercultural and Development Communication Division, International Communication Association Canadianlnternatiimal Development Agency (CIDA)/Canadian Bureau for International Education, "CIDA Awards for Canadians" International Development Research Centre (lORe), "lORC Young Canadian Researchers Awards" (declined) Graduate Assistantships, A warded for Research and Teaching, University of Calgary OFFiCES HELD IN PROFESSIONAL ORGANIZATIONS 2004-2006: 2002-2004: Secretary, Intercultural and Development Communication Division, International Communication Association Board Member, International Communication Association -I I I COMMUNITY SERVICE 2008: Research Coordination, grant-writing and student research support to THRIVE (The Rogue Initiative for a Vital Economy): USDA Grant Program to assess local food distribution needs and demands increasing local fanners' market presence (USEM 102 class project) 2006-present: Co-Coordinator, Uncle Food's Diner Commnnity Meal 2007-2008: Board Member, Media Eye 2006-present: Volunteer, Peace House 2006-2009: Northwest Seasonal Workers' Association Coordinating Committee Member 2006-2008: Jackson County Food Security Initiative Board Member 2006-2008: Jackson County Sustainability Network Organizing Committee Member 2005-2007: Board Member, Rogue Valley Community Development Corporation 2005-2006: Council Member, Ashland Homeless Alliance 2005-2007: Member, Jackson County Homeless Task Force PROFESSIONAL CONSULTATION AND SERVICES 2008: Cultural Competence, Southern Oregon Children's Substance Abuse and Treatment Center 2008: Guest on the Jefferson Public Radio "Jefferson Exchange": Homelessness in the Rogue Valley 2008: Grant-Writing: FEMA Emergency Food Service Grant for Peace House 2007: . Visioning Workshop Leader: Peace House 2007-2009: Grant-Writing: Ashland Community Food Cooperative Community Development Grant for Isiah 58 Ministries 2007: Grant-writing: Applegate River Watershed Council USDA Food Security Grant Application 2007: Mediation/Strategic Planning Sessions: KSKQ Cominunity Radio CITY OF ASHLAND Council Communication Approval of a public contract exceeding 24 months: Footprint RecyclinglCollectin~ and Recyclin~ Used Cookin~ Oil Meeting Date: May 18, 2010 Primary Staff Contact: Michael Faught Department: Public Works E-Mail: faughtm({i)ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Dale Peters Approval: Martha Benne Estimated Time: Consent Statement: Will the City Council, acting as the Local Contract Review Board, consent to enter into a contract with Footprint Recycling for collecting and recycling used cooking oil for a term to begin May 19, 2010 and expire June 30, 2012, with the option to renew the contract for an additional 12 months? Staff Recommendation: Staff recommends that the public contract be awarded in accordance with the terms listed above. Background: The sourcing method for this Intermediate Procurement (Public Contract) is a Request for Proposal. Two proposals were received in response to the RFP. As a courtesy, the City of Ashland provides Ashland restaurants located on the plaza with a disposal location for used cooking oil. The contractor, Footprint Recycling, will be responsible fo~ providing and maintaining the appropriate disposal . containers and for maintaining an appropriate and consistent recycling process for the used cooking oil. In return, the City will receive compensation for the used cooking oil at $0.50 per gallon, which will be reviewed periodically in relation to the price of Bio-Diesel fuel. The term of this public contract is two years with the option to extend the contract for an additional 12 months, plus the remaining 1-1/2 months of the current fiscal year, for a potential total of37-1/2 months; therefore, approval from the Local Contract Review Board is required to enter into this public contract. Related City Policies: AMC 2.50.020 ' Public Contracting Officer's Authority A. Authority to Execute Contracts without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: ii. The contract does not exceed a twenty-four month contract period; Council Options: The Council, acting as the Local Contract Review Board, can approve the contract recommendation or decline to approve the contract recommendation. Potential Motions: The Council, acting as the Local Contract Review Board, moves to award the public contract. Attachments: None' Page I of I ~~, CITY OF ASHLAND Council Communication Continuation of First Reading of Ordinances Adopting Chapter 18.53 Croman Mill and Related Ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map Amendments Meeting Date: May 18, 2010 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb(aJ.ashland.or.us Secondary Dept.: None Secondary Contact: Maria Harris Approval: Martha Bennet Estimated Time: Consent Question: Should Council approve continuance of First Reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinances from May 18, 2010 to May26, 201O? Staff Recommendation: Staff recommends the Council continue the first reading ofthe proposed Croman Mill District , ordinance, plan and map amendments to a special meeting on May 26, 2010 at 6:00 p.m. at the City Council Chambers. Background: At the May 4,2010 meeting, the Council re-opened the public hearing to specifically receive testimony regarding the transportation analysis update. After receiving the public testimony, the public hearing was closed. Additionally, the record was left open until 4:30 p.m. on May 12, 2010 for comments on the transportation analysis update. The Council discussed scheduling a special meeting to hold deliberations on the Croman Mill District ordinance, plan and map amendments in anticipation of having a full agenda for the May 18, 2010 meeting and potential Councilor absences at the June 2010 Council meetings. Related City Policies: Section 18.108.Procedures, ALUO Council Options: The first reading on the proposed Croman Mill District ordinance, plan and map amendments should be continued to May 26,2010. Potential Motions: Move to continue tge first reading on the proposed Croman Mill District ordinance, plan and map amendments to a special meeting on May 26,2010 at 6:00 p.m. at the City Council Chambers. Attachments: None Page I of 1 ~A' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Classification & Compensation Study Implementation Strategy for Non-Represented Job Classifications May 18, 2010 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Benne Estimated Time: Tina Gray grayt@ashland.or.us Martha Bennett 20 Minutes Question: Will the Council authorize staff to implement the recommendation for the non-executive non- represented employees found to be more than 5% below market in a recent study? Staff Recommendation: Staffrecommends Option #1, partial implementation of the CPS salary recommendations, and full implementation of the revised classification plan for the non-represented Management and Confidential job classifications. Staff will work with affected bargaining groups to implement the proposals that apply to union positions when contracts .are open. Council will ratify agreements reached in bargaining. This recommendation does not apply to the City's executive team, including City Administrator, City Attorney and 8 City Department Heads. Options for compensation of the Executive Management Team will be discussed with the Council at a later date. Background: After several years of turnover in key city staff positions, Council adopted a goal of recruiting, developing and retaining a highly skilled and diverse workforce. One of the components of achieving this goal is ensuring that the City's classification and compensation systems are comparable to the jurisdictions that the City competes with for qualified employees. There are also training, succession planning, and professional development aspects of this goal. City departments with high turnover rates are working on succession plans, and human resources works on skills training as resources allow. A concrete plan for development of existing staff for future management and executive team positions is on hold pending additional resources. In January 2009, the City contracted with CPS Human Resource Services (CPS) to conduct a comprehensive study of employee classification and compensation. The study scope included thorough analysis of employee job descriptions to ensure they reflect current job responsibilities and meet all legal requirements. Once the job analysis was complete, CPS made recommendations regarding a new position classification structure. The final piece of the study was to conduct a compensation study. CPS conducted a Labor Market study using 12 public agencies that compare to Ashland. Council had a chance to review and comment on these agencies prior t the market survey: City of Grants Pass, City of Klamath Falls, City of Medford, Jackson County, City of Corvallis, City of Springfield, City of Bend, City of Forest Grove, City of Redmond, City of Lake Oswego, City of McMinnville and City of Arcata. The combination of agencies in our Labor market were selected based on similarities in Page I 00 r~' CITY OF ASHLAND services, community demographics, organizational structure, or their proximity within our labor market which results in competition for employees. The City and CPS identified a number of job classifications that would have the highest potential for matching in other agencies, and those positions became "Benchmark" classifications. Benchmark classifications were then used in salary comparisons and became anchor points for building a new compensation structure. In addition to looking at the Labor Market Median and how Ashland compares, CPS also considered internal equity and tried to alleviate some of the salary compression we have been experiencing between supervisory and non-supervisory employee classifications. Staff completed an internal review of the CPS recommendations and identified some areas where the study recommendations would not meet our needs for internal equity. Those adjustments were handled in a formal appeals process and have been incorporated into the implementation options. Staff analyzed several options, but after we have completed our analysis, we believe there are two viable options for Council consideration. . Option #1 - 5% Tarl!eted Implementation Staff recommends this option. This option fully implements the classification recommendations in the CPS Study, but selectively advances only the 21 positions (15 job classifications) that are more than 5% out of market into the new salary range structure at the next available step. This approach focuses on the positions that are most out of market and gives the market time to adjust during the difficult economic environment. Positions would also be moved to the recommended salary range if they become vacant . Adjusting the 21 positions that are more than 5% below market median would result in an increase 0[$55,002 in FY 2011 which would be absorbed by department budgets. . The second year would see an increased cost of $75,059 to continue to adjust the 17 positions with steps remaining in the new salary range, assuming all other variables remain the same. N Staff recommends that we return to Council to confirm this decision a year from now to ensure that this option is still affordable. . After the first two years, 9 positions in this group will still have with steps remaining continue to progress through their salary ranges. These are the positions that are the furthest out of market and are therefore the highest priority for adjustment. As with the second year, staff recommends the City take a look at market conditions and check back with our comparables on what cost-of-living adjustments they have provided prior to salary adjustments for these staffs. Option #2 - Full-Implementation Staff considered but does not recommend a full implementation of the new classifications and compensation plan. In addition to making changes to job classifications and titles, under this option, the City would adopt the corresponding salary recommendations. Positions that have been identified in the study as over-market would remain frozen until the market catches up to their current salary. Page 2 of3 r.l1 CITY OF ASHLAND All positions, including the 37 positions identified in the study as below market, would be placed into the new salary range structure at the next available step, with the goal of incrementally closing the gap between our current salary and the market median for that job class. . Staff estimates a total cost of $76,366 over current budget to implement the first step salary recommendations for 37 non-represented positions identified as below market. . . Costs to implement the second year of salary recommendations to the balance of 21 positions with steps remaining would be approximately $94,931, assuming all other conditions and benefits remained the same. The outlying years would see a reduction in cost as fewer positions would have additional steps in their new salary range by year 3. Fiscal Impact: Increases described in the staff implementation options span multiple City Departments and funds. Staff is prepared to absorb the cost for the first year implementation. We anticipate enough savings to personal services budgets due to pending retirements and changes in benefit packages that come with hiring new positions at lower salary points. Ifwe are unable to absorb costs in future years, we will return to Council for direction. Council Options: The Council can approve, with or without modification: . The staff recommendation of partial implementation of the positions more than 5% out of market, with the assumption that Departments will absorb any step increases in their proposed budgets. . Option #2 for full implementation for all non-bargaining employees except the Executive Team. . Direct staffto examine additional options . Reject implementation of the study and keep the current compensation plan. Potential Motions: . The Council moves to approve the Staff Recommendation of option #1 authorizing the City Administrator to make changes to employee job classifications consistent with the recommendations provided in the Classification Study conducted by CPS Hwnan Resource Services and to make adjustments to salaries only be made to positions identified as more than 5% below market. . The Council moves to approve full implementation option #2 authorizing the City Administrator to make changes to employee job classifications and salaries consistent with the recommendations provided in the Classification and Compensation Study for all non-bargaining employees except for the Executive Team. . The Council moves to send the recommendation back to staff with consideration of additional elements. Attachments: Job classifications more than 5% behind labor market. Page 3 of3 r~' Non-Represented Job Classifications Identified in the Classification & Compensation Study as more than S% below market median: Job Classification Fire Division Chief Human Resource Manager Computer Services Manager Planning Manager Engineering Services Manager AFN Operations Manager Accounting Manager Senior Engineer GIS Manager Forest Resource Specialist Maintenance & Safety Supervisor Street Supervisor Executive Secretary Administrative Supervisor Administrative Assistant Number Emplovees affected 2 1 1 1 1 1 1 1 1 1 1 1 1 2 S CITY OF ASHLAND Council Communication Approval of a Contract to Construct the Liberty Street LID Project Meeting Date: Department: Secondary Dept.: Approval: May 18, 2010 Public Works/Engineering Community Devel ment Martha Bennet Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Question: Will the Council, acting as the Contract Review Board, approve a contract with Visar Construction Co., Inc. in the amount of$142,798.75 to construct the Liberty Street Local Improvement District (LID)? Staff Recommendation: Staffrecommends Council approve a contract with Visar Construction Co., Inc. in the amount of $142,798.75 to construct the Liberty Street LID. Background: On May 6, 2010, the City received six valid bids for the construction of the Liberty Street LID Project No. 2004-21. The low bid of $142,798.75 was submitted by Visar Construction Co., Inc. of Central Point, Oregon. The bid is $37,121.25 less than the original 2008 engineer's estimate of$179,920 which was used to determine the proposed assessment cost as outlined on Resolution 2008-02. The proposed total of cost of the project at $189,578.75 including the engineering contract costs of$46,780 is well within the established budget. Contractor Information The low bidder is a local contractor who has performed projects for the City including a runway safety overrun and creek realignment at the Ashland Municipal Airport and at least one subdivision project. Staff has received several good references from individuals and companies that have previously done work with Visar Construction Co., Inc. Bidding Process The Liberty Street Improvement Project was advertised for bid on April 19, 2010. It was advertised locally in the Daily Tidings, the Mail Tribune, the City's website and statewide in the Daily Journal of Commerce. A pre-bid meeting was held on April 28th with ten prospective bidders in attendance. Six bids were received and publically read on May 6,2010 in accordance with the advertisement. All bids were received on time, complete and included the required signatures, acknowledgements and bid bond. The list of bidders is shown on the attached bid summary sheet. Proposed Schedule The contract is a 90 day contract and, if approved, staff will push for a rapid startup. LID Costs Per Resolution 2008-02 The Liberty Street LID No. 88 was authorized by the Council on February 5, 2008 by Resolution No. 2008-02. That resolution established the estimated cost of construction at $220,000 of which $115,522 Page 1 of4 ~~, CITY OF ASHLAND was to be paid by special assessments against the benefitted properties. The assessment district was formed under previous LID ordinances and in particular under Resolution 99-09 which set specific rates of participation (cr~dits) by the City. The resolution also established a maximum cap which the assessments could not exceed (adjusted annually based upon the CPI). The petition for the formation of the LID was received in September of 2007 and the cap was set at $5,251 per unit or potential unit, the computed cap for that year. The costs for development of the Liberty Street pD were estimated as follows: Total Construction Cost $ Engineering & Administration Costs $ Total Estimated Project Cost I $ Less City Participation per Resolution 99-09 75% of storm drain cost 0.75 X 20% of street surface cost 0.2 X 50% of engineering cost 0.5 X 60% of sidewalk cost 0.6 X $ 13,870.00 $ 156,070.00 $ 40,080.00 $ 9,980.00 Sub Total Assessable Cost Number of Lots in proposed assessment district Estimated per lot for Liberty Street improvement Current LID cap (maximum assessment amount as of April 2007) 179,920.00 40,080.00 220,000.00 I $ $ $ $ $ 10,402.50 31,214.00 20,040.00 5,988.00 67,644.50 $ 152,355.50 22 $ 6,925.25 $ 5,251.00 Since Resolution 99-09 set a maximum amount that may be bore by the owners, any additional cost must be bore by the City. In addition, a single lot owned by the City also received an assessment which adds to the amount the City pays. Amount to be paid by owners Amount to be paid by City a. Participation per Resolution 99-09 b. Amount over the maximum cap c. Assessment for City owned lot $ 115,522.00 (52.5%) TOTAL $ 67,644.50 $ 31,582.50 $ 5,251.00 $ 104.478.00 (47.5%) $ 220,000.00 (100%) Estimated Total Assessment Following is a summary of the anticipated assessment costs based upon the Visar Construction bid and the current Thornton Engineering contract. The final assessment costs will not be precisely known until the project is completed and all actual costs can be computed. The final assessment will be established by resolution and will include a public hearing whereby property owners may express any objections to the costs. Page2of4 r~' CITY OF ASHLAND ASSESSMENT COSTS BASED UPON BID Total Construction Cost $ Engineering & Administration Costs $ Total Estimated Project Cost I $ Less City Participation per Resolution 99-09 75% ofstonn drain cost 0.75 x 20% of street surface cost 0.2 x 50% of engineering cost 0.5 x 60% of sidewalk cost 0.6 x $ 12,144.00 $ $ 123,906.75 $ $ 46,780.00 $ $ 6,748.00 $ Total Credits by City $ Assessable Cost Total Estimated Project Cost Less Credits Total Assessable Costs Number of Lots in Assessment District Computed Cost per Lot (Assessment Rate) ($128,250.60/22) Maximum Assessment Rate per Resolution 1999-09 142,798.75 46,780.00 189,578.75 I 9,108.00 24,781.35 23,390.00 4,048.80 61,328.15 $ 189,578.75 $ 61,328.15 $ 128,250.60 22 $ 5,829.57 $ 5,251.00 Resolution No. 99-09 sets a maximum cap on the assessment rate to be born by the owners within the LID. Any costs over the maximum rate must be born by the City. Costs to be born by the property owners and the City are as follows: Amount to be paid by owners Amount to be paid by City Credits per Resolution 99-09 Amount over the maximum cap Total City Cost - (60.94%) $ 115,522.00* $ 61,328.15 $ 7,477.60 $ 74,056.75 - (39.06%) * Includes one city-owned lot to be assessed at $5,251.00 Although the property owners' portion ofthe cost has remained constant, the amount to be funded by the City has been reduced by $30,421.25 based upon the current low bid. Therefore, staff is recommending approval of the construction contract with Visar Construction Co, Inc. Related City Policies: AMC Chapter 13.20 and Resolution No. 99-09 set forth the requirements and regulations for the improvement of public facilities under a Local Improvement District. Page 3 of4 r~' CITY OF ASHLAND Council Options: . The Council may approve the construction contract with Visar Construction Co., Inc. in the amount of$142,798.75 for the improvement of Liberty Street under Assessment District No. 88; . The Council may decline to approve a contract with Visar Construction by rejecting all bids received on May 6,2010; . The Council may reject, with cause, the low bid offered by Visar Construction Co. and select the second bid offered by Pair-A-Dice construction for award of contract. Potential Motions: . Move to approve, with cause, a contract with Visar Construction Co., Inc. in the amount of $142,798.75 for the improvement of Liberty Street under Assessment District No. 88; . Move to reject, with cause, the bid offered by Visar Construction Co, Inc. in the amount of $142,798.75 for the improvement of Liberty Street under Assessment District No. 88; . Move to approve the bid offered by Pair-A-Dice in the amount of$157,243.25 for the improvement of Liberty Street under Assessment District No. 88; . Move to reject all bids received on May 6,2010 for the improvement of Liberty Street. Attachments: Vicinity Map Bid Summary Unit Price Comparison Visar Construction Co, Inc. Proposal Resolution No. 2008-02 Resolution No. 99-09 Page 4 of4 ~~, 01:> ~ o~; Ej >or ,~ ~iJ.l ... ,.,.. ~ ....:l ;> ..x~ ~g \J\I)~ ~~ A~ 0 ~ g: /' \ r "I: ". "' ' ." '.,~' -. > ~,i':J', .j;" ~ Z~ ~ :1i o~,,~ ~Oo" "' ~~~~ ;; ... $ 0 ~"~a 0 0 g~~~' "' N "' " 0 U ~ ! .~ ~ ~ C >- . , " 0 "' ~ ~ " .s N W i : 0 " " . if 10. a ;:;: ~~fi. :':;"; v Z o ~ 00. ~ :> ~ ~ C,.? Zoo ;: ~. ~~ ~o Z~ ~o C,.?S:: Z~ ~o I~ ~~ Z~ -<~ ~~ =00 00. -< ~ o ~ ~ ~ u s o o ~ .. " = .. .. ~ = o U = o .... ... ::;! = '" .. .~ El '" Q,l :-~ ;;. S = o . = .. Cl.. 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" PROPOSAL Mayor & City Council Ashland, Oregon The undersigned bidder declares that the bidder has received, read and understood all bid documents; received. read and understood all addenda; the bidder has taken no exceptions other than those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to sign the contract; the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to detennine the character of the materials and conditions to be encountered in the work. and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction ofthe proposed improvement in a fann of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland. Oregon, under the following conditions: I. It is understood that all the work will be perfonned under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule fOT the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work ~overed by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthennore. it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will furnish the bonds required by the specifications and comply with all the laws ofthe Federal Government. State of Oregon. and the City of Ashland which are pertinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other infonnation indicated by the proposal fonn. The undersigned submits the unit prices set forth as those at which the bidder will perfonn the work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days staled for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages. for each calendar day thereafter. the amounts shown in Subsection 00180,50 of the Special Provisions, for each day the project remains incomplete. 5, The undersigned, as bidder. acknowledges that addenda(s) numbered through I have been received by the bidder and have been examined as part of the contract dncuments. 6, If the proposed bid price will exceed $50,900.00 the undersigncd, as bidder, acknowledges that provisions ofORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate G:\pub-wrks\eng\04-21 Lberty Slreel\A._Admil\Cons Pre ContracN)4-21 liberty LID Bid Documenl.doc Page 9 of 54 of wage shall be included in the contract, or in the alternative, ifthe project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U,S.c. s276a) bidder agrees to comply with the Davis- Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which 3re incorporated herein by reference, and can be accessed at: http://www,oregon,govIBOLlfWHDIPWRlpwr_book.shtml 7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 279C.370), Specifically, when the contract amount ofa first- ticr subcontractor is greater than or equal to: (i) 5% of the project bid, but at lcast $15,000, or (il) $350,000 rcgardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: 7.1 The subcontractor's name and address; 7.2 The subcontractor's Construction Contractor Board registration number, if one is required, and; 7.3 The subcontract dollar value. (fyou will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the fonn. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMA nON WITHIN TWO HOURS OF BID CLOSING. To determine disclosure requirements. the City recommends that you disclose subcontract information for any subcontractor as follows: I) Detennine the lowest possible contract price, That price will be the base bid amount less all alternate deductive bid amounts (exclusive afaoy options that can only be exercised after contract award). 2) Provide the required disclosure infonnation for any first-tier subcontractor whose potential contract services (Le., subcontractor's base bid amount plus all alternate additive bid amounts, exclusive of any options that can only be exercised after contract award) are greater than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000 regardless ofthe percentage, Total all possible work for each subcontractor in making this detennination (e,g., if a subcontractor will provide $15,000 wonh of services on the base bid and $40,000 on an additive alternate, then the potentia) amount of subcontractor's services is 555,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15.000 services and the ($40,000 services), The disclosure should be submitted on the following form: G:,!>ub-wrksl<"iII04'21 Uberty StreeM_Adm~ICons Pre COOI,,":M4,21 Liberty LID B~ OocUTrentdoc Page 10 01 54 City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360) LIBERTY STREET IMPROVEMENT PROJECT PROJECT #2004-2 t Bid Closinl! Date: 2:00 PM Mav 6 2010 i NAME OF SUBCONTRACTOR i I CATEGORY OF WORK ~! DOLLAR VALUE I. 1\[(0110 CCl-'\ue,tQ.. COr(J\qJ \)\V'~6 (v~ ~(hd ~ ''''\ , <'I \, Uf,;&(~e.-)11 18)~ ).c; "' , ?Av'i VlS )h ,OG ~ ,tJ 1J " ' I ---3""v<,/€v "1 '~N~\/t'eli\ ~'I 6)~, () c. t-- s-~ / 2, 3 4 5 6 7 8 9 10 . Attach additional pages if needed. G;\pub-wrks\eng\04-21 Liberty Slreel\A~min\Cons Pre Contracl\04-21 Uberty LID Bid DoaJmenldoc Page 110154 CITY OF ASHLAND BID SCHEDULE \/, \J '\ ~~ Ccvt} lD,Vl Contractor Item # DescriptionlUnit Price Unit Quantity Item Amount TEMPORARY FEATURES AND APPURTENANCES M9Bl~A TION :i . " Ii';' Lump Sum All S;)( MLI\/I'Il Cl-v ~'^'\.t\L'i\t.~:>1 t'1 DollarsfLS (Wojds) . . $-4\~)A 1M. ~ n, v--~ U ~ ."...s ~]~- (Figures) J $~ (::--,: TEMPORARY WORK ZONE TRAFFIC .2 C,ONT~L f k~t\ . Lump Sum All Ot1\. ~~~\ DollarslLS In'- .' .1J )~0 - ILS 1,500:'- ~ '~ (Fig 05) $ , 3 Lump Sum, All Dollars/LS ILS ,;j ,0 0 (\. /. $ I 4 ROADWORK REMOV AL OF STRUCTURES AND OBSTR~TI(,\"'<'. ,';;/-- Lump Sum Or\}> ~1) i~ \'\1."1 ~l.l.Ua '~ Dollars/LS (Word.'" . ,j, q~('), 60 (Figurl:s) All ILS $ \ J <1 ~C :/ 'I ' 5 EAR THWOI> V 'EXCA V A nON) . Cubic Y.rd ~~.iL\k1.\ ,~.~'d:;I\ \""u: (d~ DollarslCY (WM,{<;" d L 3'\ v '\I' .s (Figures) 810 $J?).C)',''1,0 6 ADJU~T W A TI'I> \I ^ '.V;ES :,(\ L.ill....\I~ .\).,,~ CI.{-lbJ/{ . -~ " Each DollarslEa. 3 G:\pub-wrl<s\englO4-21 L~ StreeM_Admi1\Cons Pra Cootracl\04,21 Liberty LID B~ Documentdoc Page 12 of 54 G:\pub-wrks\e~\04.21liberty StreeM..Admin\Cons Pm Contrac~04-21 Liberty LID Bid Document.doc Page 13 of 54 (Words) , $ \, OC6./ F. I ( IgureS) lEa 14 CATCH tlASIN, PRECAST. , Each tll~ +\.-/ ~\"tN OW ltJ..W 1~ DollarslEa, (w;Qr) /" $ t.O ,J lEa (Figur s) 8 INCH SANITARY SEWER PIPE, CLASS ] 5 "B" BAC,KFILL' \, '\ . 'J.. Linear Feel, ..\tl:t':t:\'\ ~-\,L~i dl~lt), L18}~ Ct-UDollarsIL,F. (Words) IT' I $}\ -4 t, IL.F, (Figures) CONCRETE SANITARY SEWER 16 MANHOI.,E,48INCH t' ^,. t\f) Each C ~.t,+tl~,.t ~'\.LhI' l.'-I\tdi c\~l~\ DollarslEa. (Words) / $~Cr.r" lEa, (Figures) MANHOLE OVER EXISTING SEWER, 48 17 Ct~u. -\ll ~l2X ~~ l~ \\;-u,\tC) ,~~ ~:~~a (Words) \. _ r ./ n $~ V\~(), lEa (Figures) CONCRETE STORM SEWER MANHOLE, 18 48 INCH {1\W .~ t.\.I.1,\ _\;v~HJ. (WordS? I /' $::---\j-\fl~{) . (Figures) Each DollarslEa. lEa 19 PIPE WYES. 4 INCH (W~~~~~ ~ $ 'i<;, / Each DollarslEa lEa (Figures) MINOR ADJUSTMENT OF EXISTING 20 ~NHOLE~ " -it(.,~ l~\J....td'J .;.\, <!:\-- (WOrdS)1 . ,/ $ 1~{l. Each DollarslEa. lEa. G:\pub-wr1<s\eng\04,21 liberty S...I\A_AdminICOIls Pre ContracM4-21 Liberty LID B~ DoeutrEnldoc ":) L~C':'I'/ $ )t'L', $ 1,lbe,: I 103 -, "y" '\.. $ ~ (0.7' y::. :-;0 2 3 ~' /' $ I ,00 I , $~1 C(~),~/ $ \) l,{Y\./' 4 $jgOr'''''''' Page 14 0154 $ 0' / : kU,' (Figures) 4 INCH SAN IT ARY SEWER PIPE, CLASS 21 "B" !3:",y~:ILL \ ., ,I" Linear Feet )~. ,ftIl'1., L~t...k.Ot,-\. fJ..J\ '\.4rtu t-loollarslLF. (Words) $ \ it . J< IL.F. (Figures) 130 ), \ 1l.~C $~' BRIDGES RETAINING WALL, CONVENTIONAL 22 SEGMENTAL'n ftt' Square Feet t.:e:tt1 l\t~ d~" e,J I~ IC.r.tS DollarsIS.F. (WOrdS)~ $ , i " .; i) IS,F, ,4 (Figures) RETAINING WALL, MSE 23 (MEC1i^NI<;A~L y of~ILI~EQ ~ARTH.) /... Square Feet , ,:,.cob ~~ ~\ 'l2,~ ",ct likJ!.j ~~l~ Dollars/S.F. (Words) u1 $~i. Sf'. ' IS.F, (Figures) 128 $ ,) ii-Q. Co / 350 $ P, I :/? c::...-/ I BASES 24 ~~GA!EBA?RI Cubic Yard 545 . ; ; v\"':Yt.-1 ~~ Dollars/C.Y, . (WOrd~ ICY It) 1 fJ (: ,.- /' $ I Ll1 (\D (Figures) $- r, .'.,:>. , 1".0 AGGREGATE, DRIVEWAY 25 T N ITlO~~ ' I {.1JS Cubic Yard 50 , I '" Dollars/C.Y, (W ) $---1C>. So t- IC.Y, $ .?l [')< ./ (Figures) WEARING SURFACES LEVEL 2, \12 INCH DENSE, MHMAC 26 MIXTURE. "., Ton 343 ~~."1t: ~:-C. t~ Dollarsfl'on " \;'\; \ \ /, <J&" d' C'~~/ $ I I CD (fon $~Jb' (Figures) page 150154 G:\pUb,Wrt<S\engI04-21 Liberty Sbee\\A.AdmlnlCons Pre contracll04-21 Liberty LID Bid Documelltdoe LEVEL 2, 1/2 INCH DENSE, MHMAC 27 M~U~., 3" ~.c. D~J!ff A Y TIE-IN Ton II .:4 ~ ''!.. rl Ll"',\ DollarslTon (WOrd3: /Ton ~\'~,'/ $ ,i- "(1 D (Figures) $ 28 EW A Y'l".THIC~ESS Square Feel 1477 - N I\.(..~G, '~ Dollars/S.P. I ~wo s) f;:'1 t; IS.F, ~~::f 8~ .l~ (Figures) 29 Square Feel 840 DollarslS,F. IS,F. $11')M~, ---- (Figures) 30 CON~E CURB,{tTANDA~ ' Linear Feel 218 '1i !li-...... ~"r!'-{ L<(l 1~ DollarsIL.F. (Words) $_\3.1> 0 IL.F. ~ t4') - (Figures) $, . I j, " I 31 ~~C~TE Cl\~URB AND GUTTER Linear Feel 1016 . J.' '--l (~ . I t.~ DollarsIL,F. (Words) $-1,;),(:'(1 IL,F, t~, n),CC (Figures) $ 32 ..t~ Linear Feet 5 C \,/' lOO ,- DollarsIL,F. (Woe $~t> (/(, /L.F. ,J Q(),CC (Figures) $ PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS REMOVE AND REINSTALL EXISTING 33 Slq~S, ~ J Om-" Lump Sum All .\'\' t~ . DollarslLS (Words) $_\ 0c,,"Ov /LS \ ~\O~ / (Figures) $ G:\pub-wri<s\eng\04,21 L~ StreetlA_AdminlCoos Pre Conlractl04,21 Liberty LID B~ Documentdoc Page 16 of 54 WATER SUPPLY SYSTEMS 6" POTABLE WATER PlPE- EXCA V AnON, INST ALLA nON, AND BACKFILL ONLY (PIPE, FITIINGS, DISINFECTION TREE SUPPLIED j3V ' CIJ.iY) A'r-;', .. ,J! .' ~~~ ;.Linear Feet ~1,,'-.l1JU.{;i ciJC-'<1.:~',~ ~ (.\.pJ U'.-\bollarsIL,F, (Wordsl IJ $_1 '~ 'Tt:; /L,F. (Figures) HYDRANT ASSEMBLY -EXCA V A TION, INST ALLA nON, AND BACKFILL ONL V (PIPE, HYDRANT, FITIINGS SUPPLIED BY CI'::)LL , ~Words)i:1C; , ./ (Figures) 1 INCH WATER SERVICE CONNECnONS-EXCA V A nON AND BiCKfILL ONL)\ \ CL\JL.. \'1.'LL1 Lt.-\-tL~) ~ (Words). r $ \.1),- (Figures) RIGHT-OF-WAY DEVELOPMENT AND CONTROL 34 SINGLE MAILBOX SUPPORTf fl\.\Jl \...~& .-\-t. di (Words) .....:jc "" $ ';.." .C.(,> (Figures) 35 MU~ TIPL~ M~ILflJOX Sl!PPOjl.:" T -=tt4JL~,\..,~ ~\J:fk. N (Words) ~ $ ')'=tC, rv) (Figures) 36 37 38 39 Each DollarslEa. lEa, Each DollarslEa, lEa. Each Dollars/Ea lEa. 'Each DollarsIEa. lEa, Each DoliarslEa. lEa, G:\putrwrks\eng\04-21 Libertt Sl1aet\A_Admin\Cons Pre Contrac\\Q4-21 LIberty LID Bid Document.doc 3 $ (i7-t;, ,/" 4 Ir' ...- $ ,->{)tL 154 $ 1. 1/',/ - s[) (I-; I , $ :1:~ t;, PO II $ I '~'p;/' I )' _ , , Page 17 of 54 40 (Figures) RECONNECTING EXISTING WATER SE~VICES, I INC~ ~ ~,IV\ l.... l~ ~ '(~&-\LH (::1 .- $ 01), (Figures) 41 MATERIALS 2" POWER CONDUIT INSTALLA nON (CO!;l~tPS }~EPS SU:T~ BY CITY) ~WOrdS) ~ -q.. (Figures) 3" POWER CONDUIT INST ALLA TION (CONDUIT/SWEEPS SUPPLIED BY CITY) _~u~db (' t-\...~ , (Words) ,r $ , '1D ~~, 42 (Figures) 43 (Words) $ I. '3') (Figures) 44 ~T ITY TR,fWlH ~ , {(.lr,!.l2t<-\ c.'{~ ~,( (oI,Gt s (Wo S),,;! A . $ ::::)...!.':1fJ (figures) POWER VAULT INST ALLA nON (V AUL T SUPPLIED BY CI ) , r1) , -t,'\. \.0.,- ~~~ 45 (Word~ '" $ TvD- (Figures) ./ Each DollarslEa. lEa. Linear Feet DollarsIL,f, /L,f. Linear Feet DcllarsIL,f. /L,f. Linear Feet DollarslL.f, /L.f. Linear Feet DollarsIL.f, /L,f, Each DollarsIEa. lEa. . C" .../ $~)O, 4 .1-,,", ./ $ TJ.C . 460 $ ~15.~ 390 $ ~S1<./ 120 $ )(~.1 --r 420 $ L 0't't\# / I .-Jf f-) ,.Y' $ , IV, TOTAL $ ,l4~) :V'S,'t5 G:\pub-wrks\eng\04.21 Liberty StreeAA_Admin\Cons Pre Cootrad\04-21 liberty LID Bid Documenldoc Page 16 of 54 The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS279B,100, The foregoing prices shall include all labor. materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice ofthe acceptance ofthis bid, Bidder shall execute the formal contract attached within ten days. deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the propeny ofthe Owner in the event the contract and bond are not executed within the time above set fonh as liquidated damages for the delay and additional expense to the Owner caused thereby, J'" or is not The, Bidder is a resident Bidder as defined in ORS 279A.120. v: S~4tz G~ \:bt:h~l.< Firm Name of Bidder ' ,;..,g~ cf q+c~ ~ <E- (;.1(<--- Printed Name of Bidde , {;if~ State of Incorporation ~ f>,~ ,'rl..ct- OffiCi]:i: ~h 0(') cr CCB Number Dated this f1;t-- Address day of ~ 2010. \j"c,f'tf. (lI<\<;..lnJ(.tJi h '1'0 i~x: ; ~ 5~J :. C\41--=-fioGo Name of Bidder Telephone No. G:'lJul>-wrnlef'I,J\04-21 Liberty StreellA_AdminICons Pre ConIJadIll4-21 Liberty LID B~ Documelll.doc Page 19 of 54 Inn nOND We. the ontlcr>icnC<!. Visar Construction C<;>,-I~c_ ,_ ___"_'_"_"_ .._._ ,_,_,___,_ ____ ..1'riw:iroLII1ld Travelers Casualty and Surety Comoanv of America _,_,__.., Sum)'. "'. beld and fIrmly bound to ell)' of A.bLmd. Oregon lU OWNER. in lbe poD.!..m of Fjll.e.perMlloUlL,_ total amount.bid rOf the pll)mcnt of ",bich jointly and ",'trnUy ~iDd OUD.t.... DIU' >ucc~..d ossll';lU' Signed this 4th do)' of __~___.__ 2010. lh. caudition of lb. abo\'t obliptioo is such tlw ..11= lhal'rineipaJ bos submlntd to the Cily uf Nhl"lIIL Or.gon, nr","'io OJll~lIIla\:hedarl<l m3de. p.1II ollllis nOND.to <Ilwf into ocOllli'acitil'\\'ritiDg, Cor the I'fOpoW or llllKRTY S11u.:n IMPROVE~fENI' PROn:cr. NOW,llIEREFORE. (0) Iflhh 81{> '!lI.u be ,cjtel..t, Of; th) Ifthi. DID shAll be '.<<:plod and 111< lii.cip:l1.h>Uoxecute :md d.Ii..." cOlllr.Jct hI the I;,,"" ot <:ontnl.'1 :ut.:u~hed (peeperl). conlplfud in Il'CO~ \\d.h t11t~ BID) Uld furnisb a IlOND fo, lb. CoIlhM ""rf"nllance of Ibe contr"c~ aod for tho pa)'IIlC'll of oil pc''''"' p<rfolmio~ lobar '" furni,hing mlllerial. in OODoC'Ction with t/Kl <onlnlet. ami >hall ill 011 'nped' perform "'" "llJecmcnl """h:dby the acc.qmmcc ofd,.; BID. lh<n thi> obllptlon .""Uk void. O1be,,,,;.. the ...... shoD remain in rotc. and tlTt'Cl; ~ being "'J'I"",lr und....tood II1ld Il!fUd u...1bc liAbility oflb. SUm)' f", any."" oIlelolll" uod... tIlll BOND ,,,.11. in no .V"'~ uce<<! IIu: pcnalll/lloUnl uft/li> obli~..iun.. 1141<\1. Tho SIm:lY. ,,,' VAl"" ...."'ivtd. ."""I......od agrees dw the obligntiuns ofth. Suruy ond its UOND .boll b. in no ",ay impOtr,d or ail'cctcd by any <XIerui.. oflll< lime ",itltiD wbieb the OWNER mo)' ....'<ptllUCh BID; filld the $un::t~. 'l\'ai~ nctice of Ill)' such extension. Visar Construction Co. Inc. ~~-~.._- 11.S.) Principal _Jravelers Casualty and Surety Company of America SUM)' l'ir:'._~ uJJ.r..- Susan Wilson, Attorney in fact 1M ItORT ANT - S1lI\':1)' companies (xrclftiog DaNOS must 3.ppoeM 01\ the TrcMUf)' l)cp~,lIuM::tJi'~ most <urrenlli.<t (Cire"l... 570 OS amended) Md be nUlhotizcd IoltiUll.;Jct b""..,., unb. Sl3tc ufOn:&on. { G~":~61"1 L""'SlrWJ.)JI!ti;:u"P"'~'t...."Wlld.!}"",iciI'1<", _._....--"..._.~---- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of AUomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty InsuJll.nce Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St: Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Tnlvefers Casually and Surely Company, Travelers Casualty and Surety Compnny of America. and United States Fidelily and Guaranty Company. which resolutions are now in full force and effect. reading as follows; RESOLVED. that the Chaimum, the President, any Vice Chainnan. any Executive Vice President, any Senior'Vice Presidenl. any Vice President. any Second Vice President. fhe Treasurer, any Assistant Treasurer, the COIpOrale Secretary or any As.sislant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her cer1ificate of authority may prescribe 10 sign with lhe Company's name and seal with the Company's ~eal bonds. recognizances. contracls of indemnity, and other writings obligalOry ill the nature of a bond, recognizance, or conditional undenaking, and any of said officers or the: Board of Directors at any time may remove lIny such appointee and revoke the power given him or her; and it is FURTHER RESOLVED. that the Chairman. the Presidtmt, any Vice Chainnan, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond. recognizance, contTact of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company wben (a) signed by the President. any Vice Chainnan, any Execulive Vice President, any Senior Vice President or any Vice Pre.o;ident, any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Auorneys:.in-Fact and Agents pursuanr to the power prescribed in his or her certificate or their cenificates of authority or by one or more Company officers pursuant 10 a written delegalion of aUlhority; and it is FURTHER RESOLVED, tbar the signature of each of the following officers: President, any Executive Vice President. any Senior Vice President. any Vice President. !lny As.~istant Vice President. any Secretary. any Assistant Secretary. and the seal of the Company may be affixed by facsimile 10 any Power of Anomey or to any certificale relllting Ihereto appointing Resident Vice Presidemll. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undeflalcings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimlle seal shall be valid and binding upon the Company and any such power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. i j j I j I I I J i ! i I, Kon M. Johanson. the undersigned, Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and GuaranI)' Insurance Underwriters. Inc.. Sf. Paul Fire llnd Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surely Company of America. and United Slates Fidelity and Guaranty Campany do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and bas not been revoked. 4 p. day of H o-.v) IN TESTIMONY WHEREOF; I have hereunto set my hand and affixed Ihe seals of said Companies Ihis ,20 iQ , 'j i i , . J ~ ~ To verify the authenticity of this Power of Atlomey,.call 1-800-42J-3880 or contact Us at www.travelersbond.com. Pleuse refer to the Attorney-In-Fact number, Ihe above-named individuals and the details of the bond to which the power is attuched. .J i , 1 ; " , :j :j 1 1 WARNING: nilS POWER OF ATIOANEY IS INVALID WITHOUT THE RED BORDER --'..,"-,,-~._._-"'.,,"'_......_-''''-'''''''''.~- - POWER OF ATTORNEY WARNING: THIS POWER OF ATIOANEY IS INVALID WITHOUT THE RED BORDER j .~ TRAVELERSJ Fannington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwritel'S, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian In<mrunce Company Attorney.ln Fad No. 221475 SI. Paul Mercury Immrance Company Travelers C.asualty and Surety Company Trdvelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company C"UflcateNo, 0 0 316 4 711, KNOW ALL MEN BY THESE PRESENTS: That Sr. Paut Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws oflhe State of Minnesota.lhat Farmington Ca.~ualty Company, Travelers Casualty and Surety Company, and Trnveleu Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United Slales Fidelity and Guaranty Company is a corporation duly organized under lhe laws of the State of Maryland, thnt Fidelity and Guaranty insurance Company is a corporntion duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc.. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint 1 Barbara Pinkham. James R. Cox, Susan Wilson. Cathy Damslra-Lepley, and Phyllis Hite I 1 , I I 1 '1 ; of lh~ City. of ~4fdfu~ . . . Sl~te of OregGR ' thei~ true arfd la",:~1 Attomey(s)-in-Fael. each In their separate capac1ty If more than one IS named above, to 51gn, execute. seal and acknowledge any and aU bonds. recognlzances, COndlllOnal undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfonnance of contracts and executing or guarnnteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 6th .1 I I I i l I IN WITNESS WHEREOF, the Companies have caused Ihis illstrument to be !iigned and [heir corporate seals 10 be hereto affixed. this day of August , 2009 , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. SL Paul Fire and Marine Insurance Company St. Paul Guardian Insurant:e Company @ State of Connecticut City of Hartford S5. St. Paul Mercury Insurance Company Tranlers Casualty aod Surety Company Travelers Casually and Surely Company or America United States Fidelity and Guaranty Company By: On this the 6th day of August 2009 . before me personally appeared George W. Thompson, who acknowledged himself 10 be the Senior Vice President of Farmington Casualty Compll")'. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, IDe.. St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company, 51. Paul Mercury Insurllnce Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, nnd United States Fidelity lIud Guaranty Company, nnd that he, as such, being authorized so to do. executed the foregoing inslrumel1t for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. l J I j I 1 1 I I In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 2011. 58440-4,09 Printed in U.S.A, WARNING: THIS POWER OF ATIOANEY IS INVALID WITHOUT THE RED BORDER . . -, '<<\w C. j~ '- Mllrie C. Tetreault. Notary Public RESOLUTION NO. 2008- O'J.- A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL IMPROVEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO LIBERTY STREET CONSISTING OF GRADING, PAVING AND CONSTRUCTION OF CURB AND GUTTERS, SIDEWALKS, STORM DRAINS AND RELATED APPURTENANCES AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT RECITALS: A. The Council has declared by resolution its intention to develop the improvements described in the above title and in the improvement resolution previously adopted and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement; and B, Notice of such intention was duly given, a public hearing was held and it appears to the Council that such improvements are of benefit to the city and all property to be assessed will be benefited to the extent of the probable amount of the respective assessments to be levied for the costs, THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit A. The district shall be called the Liberty Street Local Improvement District, No, 88, SECTION 2. The council intends to make local improvements to provide the , improvements described in the above title, Such improvements will be in accordance with costs estimated to be $220,000,00 of which $115,522.00 will be paid by special assessments on benefited properties, Costs will be allocated based on $5251,00 per equivalent dwelling unn or potential equivalent dwelling unit within the assessment area, Lots will be assessed as specified on the attached Exhibit A, SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the local improvement. The notes may be payable from the proceeds of any bonds, issuance of additional notes or from any other sources from which the bonds are payable. This borrowing shall be issued according to the terms of ORS 223,235(7). SECTION 4. The City of Ashland expects to make expendit\lres from its available funds to pay for the costs of the improvement project. The City reasonably expects to issue PAGE 1-FORMATION RESOLUTION G:\recorder\City Council Packets\Packet Files\2007.2008\2008-0205\OONE\020508 PH Liberty & Setting PHres1.doc bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures it makes from its available funds for the improvement project. To permit interest on the Reimbursement Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are made, The City expects that the principal amount of the Reimbufsement Bonds will not exceed $117,200.00, SECTION 5. The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305,583(4). SECTION 6. The city recorder is directed to prepare the estimated assessment of the respective lots within the local improvement district and file it in the lien records of the city. SECTION 7. This resolution takes effect upon signing by the Mayor, This resolution was read by title only in accordance with Ashland Municipal Code '2,04,090 and duly PASSED and ADOPTED this S; day of 1e/J~ ' 2008. ~~ Barbara Christensen, City Recorder SIGNED and APPROVED this (, day of frtb~, 2008. 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'.. ~ o U C ~ 1! o ~ (j , RESOLUTION NO. 99- Ol{ '. A RESOLUTION RELATING TO LOCAL IMPROVEMENT DISTRICTS (LIDs) AND ESTABLISHING: THE CITY'S PARTICIPATION IN LIDs; THE POTENTIAL UNIT METHOD TO DETERMINE ASSESSMENTS; THE MAXIMUM ASSESSMENT FOR RESIDENTIAL LOTS AND REQUIRED PROCESS TO INCLUDE NEIGHBORHOODS IN LID PLANNING. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. City Participation in LIDs. , A. Except as provided in paragraph B, the city shall contribute the following amounts to reduce assessments in any local Improvement district (LID) formed after the date of this resolution to improve local streets selVing a residential neighborhood: 60% of the total costs for sidewalk improvements; ,75% of the total costs for storm drain improvements; 20% of the total costs for street surface improvements; and 50% oftha total costs for engineering and administrative, B. Unless the council so directs by further resolution, no contribution will be made by the city under this section for LI Ds formed after the. date of this resolution if the LID improvements are required to be made by an owner or developer as a condition of approval for a subdivision or partition, SECTION 2. Potential Unit Method to Be Utilized. In determining the method to be utilized for Charging assessments against benefitted properties in LIDs formed after the date of this resolution to improve local streets selVing a residential neighborhood, the potential unit method; rather than the frontage foot method, shall be the preferred method, The potential unit method is that method which determines the maximum number of potential units on properties within a proposed local improvement district by taking into consideration the zoning, densities, topography, transportation, utilities and such other factors as necessary to evaluate the development potential of the properties, The planning department shall be responsible for initially determining the potential units for each property within a proposed LID, SECTION 3, Maximum Assessment on Residential Properties. A. The maximum amount any residentially zoned lot may be assessed as a benefitted property within an LID to improve local streets serving a residential neighborhood and which is formed after Ihe date of this resolution is $4,000 plus $4,000 for each potential unit within such residentially zoned lot. This maximum amount shall be increased to account for inflation annually on April .1" based on the' PAGE 1-RESOLUTION F:\USER\PAUL\ORDU'Jd reso n98.wpd Engineering News Record Construction Cost Index (ENR Index) for Seattle, Washington, The current index is established at 5990.77. B. There shall be no maximum amount, however, on lots owned by the city or on lots where the LID improvements ,are required to be made by an owner or developer as a condition of approval for a subdivision or partition, C, Prior to the adoption of the assessment resolution levying final assessments as provided in AMC S 13.20,060,E: 1, Any owner may pay the estimated assessment on the lot and potential units; plus ten percent, or 2, Any owner not subject to subSection 8 above, may pay the lesser of the estimated assessment on the lot and potential units, plus ten percent, or the maximum amount described in subsection A above. Upon such payment, the assessment shall be deemed satisfied and the final assessment resolution shall reflect that the assessment has been paid, SECTION 4, Neighborhood Planning Process. Prior to the fonnation of an LID, city staff shall notify the residents of the affected neighborhood of the possibility of the LID formation, Residents shall be given the opportunity to comment and make suggestions on initial street design and potential units, Minimum street standards shall be maintained, however, unless the council by resolution specifically authorizes specific changes for a particular project, This resolution was read by title only in accordance with Ashland' Municipal Code 90 duly PASSED and ADOPTED this A day of 1~ ,1999, ~ Barbara Christensen, City Recorder .3 SIGNED and APPROVED this , dayof ,1~~ ' 1999, '~~A4J Catherine M, Shaw, Mayor :ra:JJf~ - Paul Nolte, City Attomey PAGE 2-RESOLUTION F:\U5ER\f:'AUL\ORDVid reso n98.wpd CITY OF ASHLAND Council Communication Adoption of SOU Campus Master Plan Update - 2010 to 2020 Meeting Date: May 18, 2010 Primary Staff Contact: Bill Molnar Department: Community Develo E-Mail: bill0lashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Benn Estimated Time: 25 minutes Question: Does Council wish to adopt the SOU Campus Master Plan update and approve First Reading of the implementing ordinances? Staff Recommendation: ' Staff recommends that Council adopt the 2010 to 2020 - SOU Campus Master Plan Update with the proposed modifications suggested by the Planning Commission, and move to approve I st readings on the three ordinances necessary to implement the plan as well as to SOU zoning district boundary so that it is consistent with the Comprehensive Plan designation, Those ordinances will: . incorporate the SOU Master Plan as a supporting document in the Comprehensive Plan . reference the Master Plan in AMC 18.64 . amend the zoning map Background: On April 20, 2010, the Council held a public hearing on the 10-year update of the SOU Master Plan and the incorporation of the master plan document into Ashland's Comprehensive Plan, The Council tentatively approved the 2010-2020 Campus Master Plan with the modifications suggested by the Planning Commission and directed staff to bring back ordinances for First Reading, During Council discussion, several issues were raised where additional clarification was requested. Since the record and public hearing were closed at the April 20, 2010 meeting, additional information or facts has not been have been added to the record, Staff has used information already in the record to respond, 1. What are the zoning restrictions on private property owners located within the SO zone? Is there a way to ensure the private property owners are not regulated in the SO Zone? The "Southern Oregon University" Comprehensive Plan designation assumes that only properties owned, or controlled by the University can be included within the SOU zoning district. Accordingly, the proposed ordinances implementing the master plan will amend the zoning district boundary to ensure that privately-owned property is not included within the SOU zone, 2. How does the plan ensure housing design fits in with the neighborhood? The Mayor expressed the issues in transition zones should not be left to the conditional use permit (CUP) process. Page I of? ~~, CITY OF ASHLAND Public testimony before the Planning Commission raised concern over the potential impact of Faculty Housing projects on the character of adjacent neighborhoods, All housing projects are subject to Site Review and Conditional Use Permit approval. Additionally, the University has proposed eleven additional design standards that each project will need to demonstrate compliance with, The standards are identified on page 56 of the Plan, 3. Identify specific criteria to evaluate the transportation related issues in the plan, particularly those associated with crossing Siskiyou Blvd. I On page 38, the Campus Master Plan update notes that the University intends to build up to 800 new beds of new student housing, to replace the quantity currently provided by the Cascade Complex (approximately 692 beds) and Suzanne Homes (approximately 108 beds), While the new student housing will be constructed on the north campus, it is located within walking distance to the academic core. Based upon information contained in the Master Plan, the Council can find that adoption of the Plan will not result in significant impacts to existing transportation facilities, The future projects envisioned by theplan are allowed through the current SOU zoning designation, subject to Site Review and Conditional Use Permit approval. Adoption of the Campus Master Plan update does not increase the land area within the current SOU zoning district, rather updated master plan removes seven properties from with the district that are under private ownership, All future housing projects shall be subject to a iransportation impact analysis (TIA) and access management standards described in the City of Ashland Transportation System Plan (TSP), The final scope of this requirement will be evaluated at the pre-application meeting preceding the land use application for Site Design Review approval. In addition, proposed housing projects focus on the replacement of existing beds, with new units designed to meet the changing needs of student life, This is part of the Plan's Transportation Demand Management strategy (page 64) that intends to design housing that facilitates on campus living, thereby reducing the number of students commuting to the University. 4. Ascertain the proposed faculty housing density in the transition zones. The Campus Master Plan identifies three locations suggested for future faculty housing; two project are anticipated south of Siskiyou Boulevard, west of Mountain Ave" while another is located along the west side of Walker Avenue, north of Ashland Street. In addition, a multi- -story, mixed-use project, consisting of student housing and ground floor commercial/services is identified along Ashland Street, between Wightman and Walker Avenue, It is anticipated that the project densities will be similar to those allowed by neighboring zoning districts, In the case of the three faculty housing locations, one could expect a project density of between 12-15 units/acres. This is similar to the base density of the City's Low Density Multi- Family zoning district that has a base density of 13,5 units/acre, The multi-story, mixed-use project along Ashland Street is located in the middle of the City's Commercial zoning district, which permits a residential density of up to 30 units/acre, Page 2 on ~~, CITY OF ASHLAND S. Clarify if the designated faculty housing is designed for families or singles The master plan does not discuss whether faculty housing will be designed for families or single occupancy, Generally, the design of specific unit types will occur once a more thorough analysis of faculty housing needs is completed, Planning Commission Recommendation The Planning Commission recommended that the I O-year plan update be approved and suggested several conditions of approval in order to provide additional clarification and to improve coordination, review and approval of future university projects, These have been organized into five categories that generally correspond to sections ofthe SOU Campus Master Plan Update, Specifically, the Commission recommended that the following conditions be included with the Plan Update, 1. Housing and Student Life Mixed Use Construction . In addition to the mandatory Design Guidelines described in the Master Plan update, the following areas designated for development shall be subject to Ashland's approval, standards for development within the Detail Site Review Zone (II-C-2), including those additional standards for Large Scale Projects (II-C-3) (See Staff Exhibit "A"): 1. Along Ashland Street between Walker Ave and Wightman St, within I 50-feet of the near edge of the Ashland Street right of way, and 2, Along Walker Avenue between Ashland Street and south of Webster Street, within I 50-feet ofthe near edge of the Walker Ave, right of way. 3, Developments within these designated Detail Site Review overlay zones shall be exempt from the maximum floor area requirement (FAR) standards as set forth in sections II-C-2a(l) of the Site Design and Use Standards 2. Faculty Housing . The following Design Guidelines shall be apply to faculty housing located along Ashland Street and Henry Street west of Mountain Avenue, and along Walker Avenue: I, Building footprints shall be limited to 6,000 square feet total for a multi-family building, Example: six attached 1000 square foot townhouses, 2, Buildings shall be no more than 120 feet long, For buildings longer than 60 feet, a significant offset-5' or more-in the plane of the fayade shall be created so that no major fayade plane is more than 60 feet in length, Projecting elements and/or recesses-such as decks, bay windows and recessed entries-shall be applied to facades to avoid long planar walls facing the street. Pagc3 of 7 ~~, CITY OF ASHLAND 3, Buildings shall be limited to 3 stories above grade generally and 2 stories west of Mountain Ave, 4, Building facades shall face the primary street or a shared open courtyard space which in turn fronts on the street. 5, Building entries shall include porches, stoops and similar elements to create a transition zone between the public street and the private home. 6, Individual entries to each dwelling unit are preferred, In no case shall more than four dwelling units shall share a common entry from the street or common open space, Example: traditional four-square style building, with two units above and two at ground floor sharing an entry, 7, Buildings shall be designed with appropriate placement of interior spaces and exterior windows to provide views from active areas to the public street and/or common open spaces [sometimes referred to as "eyes on the street"]. 8, Shared parking shall not be located between the street and the primary fa~ade of dwelling units, To the greatest extent feasible, parking shall be located at the rear of units, Where parking is located at the front of units, it shall be only in the form of personal driveways serving individual units, In this configuration, garage entries shall be set behind the primary fa~ade of dwelling units by a minimum of five feet. 9, Exterior building finishes shall be similar to existing buildings in the surrounding neighborhood, Vinyl siding is not an allowed finish material; metal siding is discouraged, except as an architectural accent. Allowed materials include: a, Wood siding or shingle; b, Cementitious wood products; c, Brick, stone and artificial stone. 10, Design elements that are representative of the surrounding residential neighborhood context are encouraged, although literal repetition of historic styles is not required or expected, 11. Landscape materials shall consistent with palette of the Ashland bioregion, Native plants and drought-tolerant, non-invasive plantings are strongly encouraged. . Conditional Use Permit Approval. Faculty Village Housing proposed along Ashland Street and Henry Street west of Mountain Avenue, and along Walker Avenue, is approximately 50-feet from privately- owned property, Consequently, future development at these locations shall be subject to approval of a Conditional Use Permit in order to address neighborhood context. 3. Demolition and Relocation of Existing Campus Buildings . In addition to the requirements set forth in the Campus Master Plan for construction waste reduction and on-site recycling collection facilities, proposals involving the demolition or relocation of existing campus structures shall be subject to the procedures Page 4 of7 ~~, CITY OF ASHLAND and provisions of Ashland Municipal Code 15.04 - Demolition or relocation of structures, 4. Transportation and Circulation Student Housing -Pedestrian Safety Plan . Prior to submission of a planning application for the development of new student housing north of Ashland Street and Siskiyou Boulevard, the University will work with the City, Oregon Department of Transportation and other stakeholders in developing a specific plan for implementation that addresses actions targeted at improving pedestrian safety, The Plan shall include but not be limited to improved crossings with enhanced pavement design and access controls with an on-going monitoring of pedestrian flow and safety issues, Design strategies shall be coordinated and prepared based upon the expertise of both a traffic engineer and urban design professional. Eastern Gateway - Pedestrian Safety Plan . Concurrently with the transportation impact analysis and access management strategy, the University will work with the City, Oregon Department of Transportation and other stakeholders in developing a specific plan for implementation that addresses pedestrian safety issues. Design strategies shall be prepared based upon input from both a traffic engineer and urban design professional. Student Housing - Transportation Impact Analysis and Access Management . All future housing projects proposed shall be subject to a transportation impact analysis (TIA) and access management standards described in the City of Ashland Transportation System Plan (TSP), The final scope of this requirement will be evaluated at the pre-application meeting preceding the land use application for Site Design Review approval. Eastern Gateway - Transportation Impact Analysis and Access Management . Modifications to the University's Eastern Gateway area shall be subject to a transportation impact analysis and access management standards as described in the City of Ashland Transportation System Plan (TSP), The final scope of specifications for preparation of a transportation impact analysis shall be coordinated through Ashland Public Works Department. Emergency Vehicle Access - Campus Circulation System . Prior to any changes to the campus circulation system including vehicular and pedestrian access ways, a site plan shall provided to and approved by Ashland Fire & Rescue which demonstrates that that the proposed modifications are in compliance with the emergency access provisions of the Oregon Fire Code. 5. Parking and Transportation Demand Management Parking Requirementsfor On-Campus Student Housing . Prior to submission of a planning application for campus housing, the University shall development, through collaboration with city staff, specific parking standards for on- PageS of7 ~~, CITY OF ASHLAND campus housing. The standard is intended to reduce an over provision of off-street parking and stress the use of alternate modes of transportation, by maximizing the efficiency of established and future campus parking facilities through consideration of the following strategies: 1. The University's development and implementation of Transportation Demand Management strategies listed in the Master Plan; 2. Review of contemporary research, professional publications and other factors effecting parking demand; 3. Analysis of shared parking scenarios; and 4. Review of potential impacts to neighborhood on-street parking supply Transportation Demand Management (TDM) strategies . That a list of potential Transportation Demand Management strategies accompanied by a time line for implementation be developed and submitted in conjunction with campus housing applications. Related City Policies: Ashland Comprehensive Plan - Public Services Element Goal: To make maximum effort t(jward utilization of present .and future educational and recreational facilities and resources through public, private and city cooperation. Council Options: The Council may adopt the 2010-2020 Southern Oregon University - Campus Master Plan Update with the conditions suggested by the Planning Commission (Exhibit B), and move to approve first reading of ordinances necessary to implement to the Campus Master Plan. The Council may move to approve the 2010-2020 Southern Oregon University - Campus Master Plan Update with the conditions suggested by the Planning Commission (Exhibit B), as well as with additional amendments, and move to approve first reading of ordinances necessary to implement to the Campus Master Plan. Additionally, staffrequests that the Council direct staff to bring back an Ordinance for first reading that establishes the Detail Site Review zone along the north side of Ashland, between Wightman and Walker Avenue, as recommend by the Planning Commission and agreed upon by the applicant. Potential Motions: I. Move to adopt the 20 I 0-2020 Southern Oregon University - Campus Master Plan Update with the modifications suggested by the Planning Commission, and approve first reading of the following ordinances to be brought back for second reading on June I, 20 I 0: . Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to adopt and incorporate the updated SOU Master Plan as a support document to the City of Ashland Comprehensive Plan. . Ordinance #2: An Ordinance amending AMC 18.64 to reference the current Southern Oregon University Campus Master Plan Page 6 of7 ~;., CITY OF ASHLAND o Ordinance #3: An Ordinance amending the City of Ashland Zoning Map to be consistent with the City of Ashland Comprehensive Plan designation for SOU properties in accordance with the 2010 Campus Master Plan. 2. Move to direct staff to bring back first reading of an Ordinance establishing the Detail Site Review (DSR) overlay within the Southern Oregon University zoning district upon the area located adjacent to Ashland Street, between Wightman and Walker Ave. Attachments: I. Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to adopt and incorporate the updated SOU Master Plan as a support document to the City of Ashland Comprehensive Plan. ' o Exhibit B - Conditions of Master Plan Approval 2. Ordinance #2: An Ordinance amending AMC 18.64 to reference the current Southern Oregon University Campus Master Plan 3. Ordinance #3: An Ordinance amending the City of Ashland Zoning Map to be consistent with the City of Ashland Comprehensive Plan designation for SOU properties in accordance with the 2010 Campus Master Plan. o Exhibit A - Existing SOU zoning designation with privately-owned properties shown within the boundaries of the district o Exhibit BIExhibit B-1 - Revised SOU zoning district boundary and list of privately- owned properties removed from within the district boundary. Note: The latest version of the 2010 to 2020 - SOU Campus Master Plan Update can be viewed on the City of Ashland website at: htto://www.ashland.or.us/SOU Page 7 of7 ~;., ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADOPT AND INCORPORATE THE UPDATED SOU MASTER PLAN AS A SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN 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 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); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan at a duly advertised public hearing on July 14, 2009 and subsequent public hearing continuance dates including March 9, 2010, and on April 13, 2010, following deliberations, recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 20, 2010; and WHEREAS, the City Council of the City of Ashland, following the close of the public. hearing and record, deliberated on May 18, 2010 and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. Page 1 of2 SECTION 2. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION AND DEFINITIONS 2.04.15] is hereby amended to read as follows: SOUTHERN OREGON UNIVERSITY (2.04.15) These areas are designated to provide for the unique needs of Southern Oregon University. (SOU). It is applied to areas that are located within the mutually approved SOU boundary. It is implemented by the Land Use Ordinance, but the actual rezoning of the property cannot occur until it is actually owned or controlled by the University. The SOU Plan is incorporated into the City of Ashland Comprehensive Plan in the Comprehensive Plan Appendix. SECTION 3. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION AND DEFINITIONS 2.04.15] is hereby supported with the adoption and incorporation into the Comprehensive Plan Appendix of the document entitled "Campus Master Plan Update, Southern Oregon University, 12 April 2010", attached hereto as Exhibit A, as said plan is amended with conditions by the Planning Commission and City Council, attached hereto as Exhibit B, said Exhibits being attached hereto and incorporated herein by this reference. 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 Comprehensive Plan 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, 4-5 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 ,2010, and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 RECCOMMENDED CONDITIONS Exhibit B Housing and Student Life Mixed Use Construction . In addition to the mandatory Design Guidelines described in the Master Plan update, the following areas designated for development shall be subject to Ashland's approval standards for development within the Detail Site Review Zone (II-C-2), including those additional standards for Large Scale Projects (II-C-3). >- Along Ashland Street between Walker Ave and Wightman St, within ISO-feet of the near edge of the Ashland Street right of way, and >- Along Walker Avenue between Ashland Street and south of Webster Street, within ISO-feet of the near edge of the Walker Ave. right of way. >- Developments within these designated Detail Site Review overlay zones shall be exempt from the maximum floor area requirement (FAR) standards as set forth in sections II-C-2a(l) of the Site Design and Use Standards Faculty Housing . The following Design Guidelines shall be apply to faculty housing located along Ashland Street and Henry Street west of Mountain Avenue, and along Walker A venue: 1. Building footprints shall be limited to 6,000 square feet total for a multi-family building. Example: six attached 1000 square foot townhouses. 2. Buildings shall be no more than 120 feet long. For buildings longer than 60 feet. a significant offtet-5' or more-in the plane of the far;ade shall be created so that no major far;ade plane is more than 60 feet in length. Projecting elements and/or recesses-such as decks. bay windows and recessed entries-shall be applied to facades to avoid long planar walls facing the street. 3. Buildings shall be limited to 3 stories above grade generally and 2 stories west of Mountain Ave. Findings of Fact and Conclusions of Law Page 1 4. Building facades shall face the primary street or a shared open courtyard space which in turn fronts on the street. 5. Building entries shall include porches. stoops and similar elements to create a transition zone between the public street and the private home. 6. 1ndividual entries to each dwelling unit are preferred. In no case shall more than four dwelling units shall share a common entry from the street or common open space. Example: traditional four-square style building, with two units above and two at ground floor sharing an entry. 7. Buildings shall be designed with appropriate placement of interior spaces and exterior windows to provide views from active areas to the public street and/or common open spaces [sometimes referred to as "eyes on the street"). 8. Shared parking shall not be. located between the street and the primary far;ade of dwelling units. To the greatest extent feasible. parking shall be located at the rear of units. Where parking is located at the front of units, it shall be only in the form of personal driveways serving individual units. 1n this configuration, garage entries shall be set behind the primary far;ade of dwelling units by a minimum of five feet. 9. Exte.rior building finishes shall be similar to existing buildings in the surrounding neighborhood. Vinyl siding is not an allowed finish material; metal siding is discouraged, except as an architectural accent. Allowed materials include: a. Wood siding or shingle; b. Cementitious wood products; c. Brick, stone and artificial stone. , 10. Design elements that are representative of the surrounding residential neighborhood context are encouraged. although literal repetition of historic styles is not required or expected. 11. Landscape materials shall consistent with palette of the Ashland bioregion. Native plants and drought-tolerant. non-invasive plantings are strongly encouraged. . Conditional Use Permit Approval Faculty Village Housing proposed along Ashland Street and Henry Street west of Mountain Avenue, and along Walker Avenue, is approximately 50-feet from privately-owned property. Consequently, future development Findings of Fact and Conclusions of Law Page 2 at these locations shall be subject to approval of a Conditional Use Permit in order to address neighborhood context. Demolition and Relocation of Existing Campus Buildings . In addition to the requirements set forth in the Campus Master Plan for construction waste reduction and on-site recycling collection facilities, proposals involving the demolition or relocation of existing campus structures shall be subject to the procedures and provisions of Ashland Municipal Code 15.04 - Demolition or relocation of structures. Transportation and Circulation Student Housing -Pedestrian Safety Plan . Prior to submission of a planning application for the development of new student housing north of Ashland Street and Siskiyou Boulevard, the UniversitywiJl work with the City, Oregon Department of Transportation and other stakeholders in developing a specific plan for implementation that addresses actions targeted at improving pedestrian safety. The Plan shall include but not be limited to improved crossings with enhanced pavement design and access controls with an on-going monitoring of pedestrian flow and safety issues. Design strategies shall be coordinated and prepared based upon the expertise of both a traffic engineer and urban design professional. Eastern Gateway - Pedestrian Safety Plan . Concurrently with the transportation impact analysis and access management strategy, the University will work with the City, Oregon Department of Transportation and other stakeholders in developing a specific plan for implementation that addresses pedestrian safety issues. Design strategies shall be prepared based upon input from both a traffic engineer and urban design professional. Student Housing - Transportation 1mpact Analysis and Access Management . All future housing projects proposed shall be subject to a transportation impact analysis (TIA) and access management standards described in the City of Ashland Transportation System, Plan (TSP). The final scope of this requirement will be evaluated at the pre-application meeting preceding the land use application for Site Design Review approval. Eastern Gateway - Transportation Impact Analysis and Access Management . Modifications to the University's Eastern Gateway area shall be subject to a transportation impact analysis and access management standards as Findings of Fact and Conclusions of Law Page 3 described in the City of Ashland Transportation System Plan (TSP). The final scope of specifications for preparation of a transportation impact , analysis shall be coordinated through Ashland Public Works Department. Emergency Vehicle Access - Campus Circulation System . Prior to any changes to the campus circulation system including vehicular and pedestrian access ways, a site plan shall provided to and approved by Ashland Fire & Rescue which demonstrates that that the proposed modifications are in compliance with the emergency access provisions of the Oregon Fire Code. Parking and Transportation Demand Management Parking Requirements for On-Campus Student Housing . Prior to submission of a planning application for campus housing, the University shall development, through collaboration with city staff, specific parking standards for on-campus housing. The standard is intended to reduce an over provision of off-street parking and stress the use of alternate modes of transportation, by maximizing the efficiency of established and future campus parking facilities through consideration of the following strategies: > The University's development and implementation of Transportation Demand Management strategies listed in the Master Plan; > Review of contemporary research, professional publications and other factors effecting parking demand; > Analysis of shared parking scenarios; and > Review of potential impacts to neighborhood on-street parking supply Transportation Demand Management (TDM) strategies . That a list of potential Transportation Demand Management strategies accompanied by a time line for implementation be developed and submitted in conjunction with campus housing applications. Findings of Fact and Conciusions of Law Page 4 . ORDINANCE NO. AN ORDINANCE AMENDING AMC 18.64. TO REFERENCE CURRENT SOUTHERN OREGON UNIVERSITY CAMPUS MASTER PLAN 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); and WHEREAS, the City of Ashland, acting by and through the City Council, desires to update the adoption of the SOU Plan as references in the AMC 18.64 of the Ashland Land Use Ordinance; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1 : RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2: AMENDMENT. Chapter 18.64 is hereby amended to read as follows: 18.64 SO - Southern Oregon University 18.64.010 Purpose This district is designed to provide for the unique needs of SOU as a State educational institution functioning within the planning framework of the City. It can be applied to all areas now or hereinafter owned by the State of Oregon acting by and through the State Board of Higher Education and Southern Oregon University and located within the SOU boundary, as shown on the SOU Comprehensive Plan, adopted by SOU and approved by the City. (ORD 2951, 2008) Page 1 of 3 18.64.015 Definitions For purposes of this Chapter, the term "SOU Plan" means the Campus Master Plan Update for Southern Oreaon University dated 12 April 2010, with all conditions added bv the City Plannina Commission and City Council as adopted and incorporated into the Ashland Comprehensive Plan bv Ordinance No on June 1. 2010. 18.64.020 Permitted Uses A. Uses permitted outright are all those which are directly related to the educational functions of SOU, provided that such uses are indicated and located in conformance with the adopted and City approved SOU Comprehensive Plan, and are greater than fifty (50) feet from privately owned property. B. Wireless Communication Facilities authorized pursuant to Section 18.72.180 18.64.030 Conditional Uses A. Any use, site design, or construction or alteration of same not agreed upon in advance by the City and SOU in the SOU Plan. B. Any use, site design, or construction within fifty (50) feet of privately- owned property. C. Any construction over forty (40) feet in height. D. Wireless Communication Facilities not permitted outright and authorized pursuant to Section 18.72.180 18.64.040 General Regulations This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of this Title, are the only portions of the Title to be effective within the SOU zone, except for areas within fifty (50) feet of privately-owned land, which are subject to the Chapter on Conditional Use Permits. In addition, the creation or vacation of public streets or public ways shall be subject to mutual agreement between the City and SOU and all other applicable laws 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", or Page 2 of 3 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, and to combine in the codification multiple ordinances amending the same section. . 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 , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010 John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND ZONING MAP TO BE CONSISTENT WITH THE CITY OF ASHLAND COMPREHENSIVE PLAN DESIGNATION FOR SOU PROPERTIES IN ACCORDANCE WITH THE 2010 CAMPUS MASTER PLAN Annotated to show delotions and additions to the code sections being modified. Deletions are bold 10M'" .L _L 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); and WHEREAS, the City of Ashland, acting by and through the City Council, is in the process of updating the SOU Plan incorporated into the City of Ashland Comprehensive Plan; and WHEREAS, consistent with the original intent of the SOU designation, the updated SOU Plan map incorporated into the Ashland Comprehensive Plan removes seven (7) properties not owned by SOU; and WHEREAS, the City of Ashland Zoning Map must be amended to be consistent with the City of Ashland Comprehensive Plan THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1 : RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2: AMENDMENT. The City of Ashland Zoning Map, Exhibit A, attached hereto and made a part hereof by this reference, is hereby amended to change the zone designation from SOU to R-1-7.5 for the seven (7) identified properties described in Exhibit B, attached hereto and made a part hereof by this reference. Page 1 of 2 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 PCovisions (Le. Sections 3- 4) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors, and to combine in the codification multiple , ordinances amending the same section. 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 , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010 John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 -L EXHIBIT A :J Cl Hrn '. "::'.s.'\~:~~' () :: ::' .,.'''.'~L;;.!:., '.>;:'>",\'::/':'.., ' I>;:' ;'.,.:::.'~;.'" '. ...... ' l6'::~:':':ir:~X > ~ ., IOWA ST H L 11 z: ::> ~ i .1 r-~I it-- - " ....:.. ". ':.:./,. :i", ..~,..."'22 - " '-," ... Zoning r-- PL ~ .~ ~ -Iii '.: W I--W j __ ~ L. Cl '''.,:: c --L I~ ';.;:. f{;;flh~ ~~~~~ _ c-l /':i. . ...v,.:';~~ . I':: L ":'T', ',','i'."'>'i, ' " D c-l-D ~':'f ';,!'i i:{;r;!';~fr,;i~'~i0;1:,;;JJ;~~t ~~ '"'; "'<y;~; ";;)r\';':;','\,',r~~ pi"~ D M-l ~':.; !"'{:\::~J:"\:'" :".;: ;"00.': ..; ""':':';-:,.-':;::: "i';I"::;'i":'\':''':':~''~'''' , ~,~ · 3':,;,;:", ~{j':; J:'):;>: ;,<:,:::,,<:,;~~ Wi ~'" NM r . .... ~.:' . ItJJ :;/::. :>:.;~; ". ':;i"::..: -::;'::::,.. '..:.ii:).. >::~:~;~:<': ':.':;~>,;;,\ _ ~ R-1-10 ," /: . I """', ......... "'., ......, . ',' . ...."" . .,~~ "..... 'l'[!':' "" ;,," . "', ': fie; );;'::;, "t:,' >:;:, ";;; "~.. R-1-3.5 /:W/h \\\,:.<..~:; .1..:: "-<':. '-:,:'>'>:i:i:i\':.:. ',i"'~':,: <:::. ~ r- i:' W0;;~ "'i:<;;'; ;j,' <: ,;;;;i';';::j''', ;<< ',: ~ R-1-5 - ~ - .i,e( i "~"}::',fL;;;';::&:/,:'i;,'F.j: ~ F=J1 I :~:-7.5 1 c-- ~_ ......,. .....,.. ..............,...... ...... . ~ ,.,=,r-, ~l:, r-J,;;,rf"<':'''''''i'',^,,,. - --- _ R-3 y r-- ffi FERN ST o';.;,,:..{.::;:: ~ 1f:: 1r:\,Jij '["- - ] RR-.5 ~ -- @ ;r/:~./:?:;O{ ~ r-- z \'~'. . .~':.: .. RR-1 I;;'i;;::,;,,:~.: t-- t-Ili ';";V:'~::n: I ri I>':':;n so -' ~ ~.;..'. - ~ I ~ 1] ~-,"" Iii I I I I . :. ~_ o &0 120 240 Fool b- r-~J I'L - . p-')r WR ~.... .. #' "" ~~,~~ r- r--_cr ,""",,1 WR-20 -j r I I It"' /I Property lines are for refrence only, not scaleable -..l EXHIBIT B i ::J Cl ? <C '>';: ,1 U'I:',.... ".. c ,. .... ...... <"';::"::::G< . .,..I~H;~n,"";;~U~;/f:'::};"{.". :(:':" ~..,"......,.. '." .~:- '"~:~ " 'Ji" >: z ~- z' :> o .! IOWA ST '-Lilr- , "':M";' .-.- -'-';.-" :#.""" ,...... " .1 I~~ :::::J... c:= - ':::....'. ',' .... .'.:. ..'. .::..,.....:. ' , ... .' ..:>:i::':'."'.:: : ....,,:: F;;', ,:' '. .iJ2,\': .....::.:r.:.~::.:? ::':>':~"';';;' ~ 1 J1 tlfLJ -1lL Ii '00 '.20 240 FOOl ~,'....Ll. -Iii ,.: ",. " i:: I-' ".: . ' " ~ ~ r- ~ i... I ~~ <::=~i~~ Llj~ );::ii);.:Li;~;X;;0&~... ~ ~~ '.' ~ C-1 CL"""i"""'''''> , ." '":: "i I I c-, 0 Y-'l I 'IK!,".: ):.,., ~"",...", .,.""ji. ,'. U: "'<:'."".. ""'", ',', "~~ ;, """'" NM ',. "', "',', ~,'>,,,,, """':':,~,.,:.".i',"<c:""<<::""",">)~ rt' ~~ I.': ,," '. i;;' ,;f:f:i; :'iV':'}':;:.,;~', ,:ff:\;i,]t,,:'~:',;..::,,;,~~, :_: _ ~: ~ ,,..;,,, " ':-f1!i;;';j;;;;':""'~'::!;';';':'::;'ii~)l - - , - ~ - ~-" "':';; .:."f.. .'f" f',.. ":;'I~~ R-'-5 - -~J=: .J...,.., ~ ,rn, ~ E~~:~ '~ W::li.......,.....,.:..)... ..~.;.~..J::~.:..:.'.:': : ~: _ J RR-.5 ' " '""., ',. ~ - _ RR-1 ul ii.::":':!:.:..:..,.;..... r- Z ISH '.,\.,";:.1: ;"".h.. 'i;::::.:;..;:,:.',- r-I-----rl 1:'::;:':>:'[' 1..;....1...1 so :.:';:;;.""..,..;' L--I L 12 "'. .'....:.:.iJ. ,::'/',:"':::"'. W \,,,>rWR j.~~ ,.:J.-"-....I' , ..,.. --;: WR-20 _ J . Wol.L _. ... onl not 3Caleable Property lines are for reftrence y, ! >~i Zoning C::J Taxlots City Zones ZONING -: L. - r- I - ..:::r- .J..L ;. -'- c '" -~ J::lL ...!L ...LL CITY OF ASHLAND EXHIBIT B Page 2 of2 Privately Owned Prooerties within the Southern Orel!:on (SO) Zone 39 IE 09DD 5400 - 1067 Ashland Street: Joseph (Rivers) & Dominique Brown Nearest Zone R-Ic7.5 39 IE ISBB 4000 - 540 S Mountain Ave: R-I-7.S William Modesitt Trustee 39 IE lSBB 4100 -:- 562 S Mountain Ave: Toni Richmond Trustee R-I-7.5 39 IE ISBB 3900 - 1150 Ashland Street: Archdiocese of Portland (Walsh Memorial / Newman Ceoter) R-I-7.5 39 IE ISBB 1200 & 1300 - 600 Roca Street: Jacque Hald Trustee R-I-7.S 39 IE ISBB 9100 - 1336 Madrone Street: Jerry Nutter R-I-7.5 r~' CITY OF ASHLAND Council Communication Report on Crime in Ashland and use of force by the Ashland Police Department Meeting Date: Department: Secondary Dept.: Approval: May 18, 2010 Police Department None Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Terry Holderness holdernet@ashland.or.us None 10 minutes Question: Will the City Council accept the report of the Police Chief on crime in Ashland and use of force by the Ashland Police Department? Staff Recommendation: Staffrecommends that the Council accept the report as submitted by the Police Chief. Background: In 2008 the Council directed the Police Chief to make an annual report to the Council on crime in the City of Ashland and use of force by the police department. Crime rate is based on the number of part one crimes occurring in a jurisdiction. Part one crimes are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2009 the Police Department took 608 reports of part one crimes occurring in the City of Ashland. This is a 20.4% reduction in part one crime when compared to the 764 part one crimes reported in,2008. In 2009 the Police Department cleared 37% of all part one cases. During 2009 the Police Department used force 31 times. In 28 cases the only force used was a control hold or the suspect was taken to the ground. Three cases involved extensive struggles. There were no reports of injuries and no medical treatment was required by any suspect involved in a use of force incident. Five officers received minor injuries during these incidents. The majority of suspects involved in use of force incidents were under the influence of alcohol. Related City Policies: None Council Options: The Council can accept the report as presented or request the Police Chief provide additional information. Potential Motions: Move the council accept the report as presented. Move to request the Police Chiefreturn with additional information. Attachments: None Page 1 of I ~;., CITY OF ASHLAND Council Communication Transit and RVTD Update Meeting Date: Department: Secondary Dept.: Approval: May 18,2010 Public Works Admin Administration Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Michael R. Faught faughtm@ashland.or.us Ann Seltzer 20 minutes Question: Does the Council have questions regarding staffs proposal to administratively approve a twelve month extension to the RVTD/City of Ashland Reduced Fare Program Agreement? Staff Recommendation: Staffrecommends extending the program with RVTD to prevent confusion that will further reduce ridership below already reduced levels. While the City Administrator has the authority to extend the contract administratively, transit ridership has dropped 13.82% since the new transit subsidy was implemented in September 2009, and staff wanted to report the reduced ridership to the City Council before taking action. ' Background: It has now been one year since the City Council approved the multi-year Reduced Fare Program Agreement. The multi year agreement is an annual agreement that expires June 30, 2010 unless it is administratively extended in writing (see Section 2 "Duration" of the attached Agreement). The agreement provides for two twelve (12) month extensions so unless the City Administrator decides not to extend the agreement; the agreement is valid through September, 2012. The reason staff is bringing this item to the City Council's attention prior to administratively extending the agreement, is that transit ridership in Ashland is down by 13.82%. There could be several reasons for the decline in ridership. First, Staff considers seven rnonths of data insufficient to determine the long term potential success of the new transit program. Other potential reasons for reduced ridership include higher than normal fuel prices in 2008 that artificially increased transit ridership during that time (htto://www.aaaorid.com/news/gas trends.asp?offset=80), and the fact that Route 15 travels in the same direction as Route 10 which is not convenient as riders who use the service to shop then have to ride the entire route back to their original destination. Finally, the higher fare may be deterring some riders. Given the customer feedback about the inconveniency of Route IS's direction of travel, staff will be working with RVTD to reverse Route 15 so that the two bus routes are traveling in opposite directions. This way a transit customer can catch the bus to shop, complete their shopping and then cross the street and catch the bus to return home in a shorter period of time. (See map next page.) Page I of6 ~;., CITY OF ASHLAND 8R10EllJ >'t\ ""\ '~<, ~~"'\ #, if ENSel't _Route 10 _Ashl~ndLoop(pIOpOS8d) ''\ The new transit program reinstated Route 5 (now 15) with a fare box return component that lowered the City's subsidy to the intra;city transit program from a 75% subsidy to a 50% subsidy. As a result, the City now pays $1.00 of the standard $2.00 fare (riders pay the remaining $1.00), $2.00 of the standard $4.00 fee for Valley Lift para-transit services (the rider pays $2.00) and the net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides. Previous to the new contract, the City paid $1.50 of the standard $2.00 fare (riders paid $0.50) and $3.00 of the standard $4.00 fee for Valley Lift para-transit services (the rider paid $1.00). In addition, the City paid the net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides. The specific program and its budget for the reduced fare program are as follows: Current RVTD Program Net Cost Estimate , From Street Fund Loop service for 10 hours $149,139 Route 10 $102,658 Subtotal $251,797 Business Energy Tax Credit (BETC)* $ 64,208 Total Proeram Cost $187,589 Page20f6 ~;., CITY OF ASHLAND *Business Energy Tax Credit (BETC) The BETC 25.5% Tax Credit (additional revenue) of $64,208 reduces the cost to the Street fund to $187,589. Staffis currently working with the Oregon Department of Energy to finalize the 2009 agreement and submitting a new preliminary request for BETC funding for FY 2010-11. In addition, the Council approved the following program subsidy: High School fixed-route passes Senior fixed-route passes Senior Valley Lift passes Fixed Base passes Valley Lift passes Sub Total $ 2,000 2,000 3,000 2,000 1,000 $10,000 To date, the City has expended $176,341 of the approved $262,000 FY 2009-10 budget. Ifthe final three month trend matches the 2009 ridership history, the anticipated total FY 2009-10 cost of the program is estimated to be $240,000 or 92% of the budget. That cost does not include the 25.5% BETC Credit. In addition, Route 15 fare box ($1.00 for each ride) return has reduced the cost of the program by $9,984. The status of the additional program subsidy is as follows: $2 Vouchers, Valley Lift, IO/pkt all ages: 55 pkts dispersed; 45 pkts remaining $3,000 - $1,100 = $1,900 remaining $1 Tokens, reduced fare, 10/pkt age 62 or older: 98 pkts dispersed; 42 pkts remaining 50 pkts shifted to AHS; 10 to Middle School $3,000 - $1,580 = $1,420 remaining $2 Tokens, full fare, 10/pkt age 17 - 62: 100 pkts dispersed; 0 remaining $2,000 - $2,000 = 0 remaining School Passes $2,000 - $2,000 = 0 remaining Total Funds Received: $10,000* Total Funds Remaining: $3,320* Total Funds Dispersed: $6,680* * These totals do not include the $2000 allotment initially given to the High School* Page3 of 6 ~;., CITY OF ASHLAND Ridership Summary Ridership data can be evaluated a number of different ways. To that end, staff is providing three different charts that look at ridership trending based on annual ridership, six (6) month comparisons to previous years, and monthly comparisons to last year. The proceeding chart provides a summary of Ashland's annual transit ridership from 1997-2010. As the data indicates, the highest ridership occurred when the City provided transit at "no charge" to the passenger. The green bars (last 3 bars) indicate ridership with the addition of Route 15 and reflects the 13.82% reduction in ridership since September 2010. Ashland Ridership 1997-2010 160,000' 140,000' 120,000- a. 100,000- :c I!! 80,000- '" " ii: 60.000- 40.000 20,000- 0" , , , , , , " "." .<>,'\ ,,'0 "OJ _,,<> _,,' ",,'l- ,," -"" ,,<' ,," ,,'\ _,,'0 ""OJ ,<> .....~- .....C?i "C1l ~- '),IU 'l,.\Y" ",(3 ')..OJ' r63 ')..G ')..<:3 ')...'V "),IJ' rJ}t) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ y y y y y y y y y y y y y y #" #" #" #" #" #" #" #" #" #" #' #" #" # Months and Year . Total Ashiand trips Rt 5 & Rt 10 - $0.25 Ashland Ridership on Rt 10, No Rt 5 Total Ashland trips Rt 15 & Rt 10 - S 1.00 . Total Ashland trips Rt 5 & Rt to - Free Totai Ashland trips Rt 10 - $0,50 The following chart provides a summary ofRVTD's Systemwide and Ashland's Ridership semi- annually from 2006 to the present. The charts reflect the reduction in ridership between 2006 and 2007 when the City began charging passengers to ride the bus. In addition, the chart reflects the reduction is ridership with the new program. Please note that the chart reflects ridership on a six month basis from April to September and then October to June and, as such, do not reflect the entire reduction in ridership for the new transit program. The 13.82% reduction in ridership was calculated from September 2009 to March 2010. Page 4 of6 ~;., CITY OF ASHLAND S I od h' S 'd % D'n A hi d % D'n eml3nnua n erslp systemwl e 0 I erence s an 0 I erence April 06-Sept 06 637,916 98,838 April 07-Sept 07 516,689 -19.00% 42,432 -57.07% April 08-Sept 08 564,386 9.23% 41,503 -2.19% April 09-Sept 09 532,967 -5.57% 36,140 -12.92% S I 'd S 'd 0;' D'n hi d 0;' Don eml3nnua n ershlp Systemwl e 0 I erence As an 0 I erence Oct 06-March 07 511,849 46,559 Oct 07-March 08 537,096 4.93% 43,854 -5.81% Oct 08-March 09 588,589 9.59% 38,053 -13.23% Oct 09-March 10 538,961 -8.43% 33,063 -13.11% This chart provides a monthly comparison of ridership on both Route 10 and the new Route 15. 10 & 15 Same Route 10 Route 15 combined month last Ashland Jul 6,271 6,846 Au 5,811 6,537 Se * 4,231 935 6,306 Oct 4,474 1,533 8,139 Nov 3,601 1,607 5,971 Dec 3,937 1,305 6,277 Jan 3,863 1,490 5,758 Feb 4,054 1,604 5,924 Mar 4,085 1,510 5,984 Apr 6,865 May 5,960 Jun 6,067 In summary, the ridership data clearly demonstrates a continual reduction in ridership; however, given that only seven months has elapsed since the new reduced fare program was implemented, fuel prices were unusually high in 2008, and the fact that the new Transportation Plan update will begin soon, staff is recommending an extension of the current agreement for an additional twelve (12) months with the one route change previously discussed. : PageS of 6 ~;., CITY OF ASHLAND Co.uncil Options: I. The City Council could decide to take no action as this is an informational report only. 2. The City Council could decide to direct Staff not to extend the RVTD/City of Ashland Reduced Fare Program Agreement through June 30, 2011. 3. The City Council could decide to modify ( ) Staffs recommendations Potential Motions: 1. No Motion required 2. Move to direct Staff not to extend the RVTD/City of Ashland Reduced Fare Program Agreement through June 30, 2011. 3. Move to modify ( ) staff recommendations. Attachments: FY 2009-11 Agreement between the City of Ashland and R VTD Page60f6 ~;., INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE ROGUE VALLEY TRANSPORTATION DISTRICT FOR REDUCED FARE PROGRAM 2009-2011 This A~eement is made and entered into this i. day of ~ ,2009 by and between ROGUE VALLEY TRANSPORTATION DISTRICT, Oregon special dlstnct, hereinafter referred to as "RVTD," and THE CITY OF ASHLAND, an, Oregon municipal corporation, hereinafter referred to as "Ashland." RECITALS A. ORS 190.010 permits units of local governmell! to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. The Rogue Valley Transportation District is an Oregon Special District providing transit services in Southern Oregon; and C. The City of Ashland desires to support RVTD's provision of transit services by, inter alia, subsidizing the cost of fixed route fares through a Reduce Fare Program; and D. Ashland's efficiency; The Reduced Fare Program furthers the public interest by making efficient use of transportation infrastructure, reducing greenhouse gases and promoting energy NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference.' 2. DURATION. [ORS 190.020(1)(e)]. The tenn of this Agreement shall commence and the agreement shall be effective on September 8, 2009 and after execution by both parties. The Agreement shall expire June 30, 20 I 0 at 11 :59 p.m., unless administratively extended in writing as provided for herein. The Ashland City Administrator may extend this Agreement twice, by twelve (12) months each extension, by indicating in writing to RVTD that an extension of the Agreement is sought under the same terms and conditions, of this Agreement. Provided however, that the rate of compensation set forth in paragraph 4 below is subject to a mutually agreed upon adjustment. The extension shall be effective only upon receipt of a document from an authorized RVTD representative consenting to the extension under the same ternlS and conditions 3. RVTD FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. a. PROGRAM. RVTD shall provide transportation services consistent with its mission, including but not limited to the Reduced Fare Program (hereinafter Intergovernmental Agreement For Reduced Fare Program Page t of7 "Program") as well as other services paid for by the City; the Program includes but is noi limited to the following: I. the addition of Route 15, providing IS-minute fixed-route service between the downtown, Ashland St, Tolman Creek Rd and Highway 66/Siskiyou Boulevard; and II. concomitant Valley Li It service; and II I. reduced fares for Route 10 and Route 15 rides and for concomitant Valley Lift rides. IV. Route 10 service is Ashland's base service provided by RVTD, and its operation (with the exception of fare reduction outlined in this Agreement) is not affected by the Program or this Agreement. v. The City-funded passenger fare subsidy for the fixed route system (Routes 10 and 15) will be $1.00 per ride and the Valley Lift fare subsidy will be $2.00 per ride for passengers picked up and delivered' within the City of Ashland. VI. RVTD will provide the City with quarterly ridership accountings showing total Route 10 ridership on Route 10 within the City of Ashland, ridership on Route 15 and Valley Lift ridership within the City of Ashland. vii. In the event that the $251,797 annual allotment from the City will ' belbecomes exhausted prior to the end ofthe fiscal year, the Program for that fiscal year will end and fixed route and Valley Lift paratransit fares will revert to standard RVTD fares for the balance of the fiscal year. b. LIVING WAGE. RVTD shall comply with Chapter 3.12 of the Ashland Municipal code by paying a living wage, as defined in City Code to all employees performing work under this Agreement and to any subcontractor who performs 50% or more of the service work under this Agreement. RVTD is also required to post the code required living wage notice predominantly in areas where all employees will see it. c. ACCESS TO RECORDS: The City and its duly authorized representatives shall have access to the records of R VTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. d. PUBLICITY. I. Any publicity or advertising regarding the Program shall first be reviewed by RVTD and the City for accuracy and must be approved by both parties. II. RVTD shall establish a marketing plan for a Loop system or any fare changes with through local resources. RVTD will do the following: I. Replace the removed placards in the shelters; and lntergovemmental Agreement For Reduced Fare Program Page 2 of7 2. Update the information on all placards with new routefschedule information; and 3. Provide free bus advertising space on one vehicle; and 4. Continue to promote Ashland's system at local events; and S. RVTD will post a map and schedule at each designated bus shelter in Ashland detailing the Route 10 and Route 15 bus stops and schedule; and ' pro~ J..y, J' 6. RVTD will provide information concerning and mote the "'0- Ashland Reduced Fare Program and service, at events, at map/schedule distribution points, and at www.rvtd.org. 111. In partnership with the City of Ashland, RVTD will do the following: I. Create a tri-fold specific to the Ashland system and distribute to local businesses; and 2. Distribute promotional infomlation through utility bill stuffers; and 3. Coordinate a public relations event to launch the new service; and 4. Approach SOU Administration to request ongoing support of a fare buy-down; and S. Approach the Chamber of Commerce and local employers to encourage employees to use transit, especially in downtown; and 6. Create a bus ad to' utilize free ad space offer from RVTD. e. COMPLIANCE WITH APPLICABLE LAWS. RVTD, its subcontractors, and all employers working under this Agreement must comply with Oregon State Laws related to the work performed including but not limited to laws concerning workers compensation, employment, payroll taxes and required insurances for general liability for loss ofproperty, injury to persons and property. City may require RVTD to demonstrate compliance with applicable insurance requirements, i~c1uding but not limited to proof of coverages. 4. CITY FUNCTIONS OR ACTIVITIES. (ORS 190.020(1)]. The City of Ashland shall fund the Reduced Fare Program as provided herein and subject to Section 9. Specifically the City shall offset the cost of the fixed-route fares within the City and support more frequent service as outlined under PAYMENT in paragraph 5 below. 5. PAYMENT. [ORS 190.020(I)(a)). Subject to Section 9, below, City shall promptly pay all bills for services provided by RVTD pursuant to this Agreement, including but not limited to the following: ' a. RVTD shall bill the City quarterly $1.00 for each Route 10 passenger picked up and delivered in the City of Ashland during the term of this Agreement. b. RVTD will bill the City-$16,028.25 per month minus the Route 15 farebox revenue for that month. Intergovernmental Agreement For Reduced Fare Program Page 3 of7 c. RVTD will bill'the City quarterly $2.00 for each Valley Lin ride within the City during the term of this Agreement. In addition, City will pay RVTD a fixed amount per Valley Lift ride to cover operating costs for providing Valley' Lift rides in Ashland to the extent they exceed 9,800 rides in the period from July 1,2009 through June 30, 2010 and to the extent Valley Lift rides in Ashland exceed 9,800 rides per year in each this Agreement is extended. The amount City will pay to cover operating costs for Valley Lift rides in excess of the 9,800 annual Valley Lift rides in the City shall be $18.3] per ride. d. With the exception of Route 15 which shall b.e billed monthly as noted above, RVTD will bill the City as provided in this section. Specifically, RVTD will send the City invoices on the following schedule: l. October IS, 2009 (services provided 9/8/2009 to 9/30/2009) 11. January 15,2009 (services provided 10 II /2009 to 12/30/2009) iii. April1S, 2010 (services provided 11I/2010-to 3/28/2010) iv. July 15, 2010 (services provided -4/1/2010 to 6/30/20(0) e. Payment is due to RVTD within 30 calendar days ofreceipt of each invoice. 6. REVENUE. tORS ] 90.020(1 )(b)]. Except where specifically provided herein to the contrary, no revenues expected to be dcrived pursuant to this Agreement need to be apportioned between the parties. 7. PERSONNEL. tORS 190.020(1)(c)]. No employees will be transferred pursuant to this Agreement. RVTD and the City of Ashland are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the" period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entitie~. 8. REAL OR PERSONAL PROPERTY. tORS 190.020(1)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 9. TERMINATION. [190.020(1)(1)]. a. TERMINATION by Mutual Consent: This Agreement may be terminated at any time by mutual consent of both parties. b. TERMINATION for Convenience: This Agreement may be terminated by either party for that P3!lY's convenience upon thirty days prior written notice to the other party, delivered by certified mail or in person. , RVTD shall be compensated for all services performed under this Agreement up to the effective termination date. c. TERMINATION for Default or Breach: Either RVTD or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking temlination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not Intergoverrunenfal Agreement For Reduced Fare Program Page 4 of7 entirely cured the breach within thirty (30) days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. Notwithstanding the cure provisions above, either party may immediately terminate this Agreement for cause upon delivery of written notice to the other party under any ofthe following conditions: i. If Federal or state laws, rules or regulation are modified, changed or interpreted in such a manner that the services are no longer allowable or appropriate under thi s Agreement; II. If any license or certification required by law or regulation required for the provision of the services under this Agreement is for any reason denied, revoked, suspended, or not renewed. d. OBLIGATION/LIABILITY OF PARTIES: Termination or modification of this contract pursuant to subsections A, B, and C, above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. The rights and remedies of the parties provided in this subsection are not exclusive and are in addition to any other tights and remedies provided by law or under this contract. e. NON-APPROPRIATION: Notwithstanding the terrnination provisions above, termination may occur for non-appropriation. Specifically, all City obligations to expend money under this Intergovernmental Agreement are contingent upon future appropriation as part of the City budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of the Agreement, and shall not be considered a breach. f. FORCE MAJEURE. Neither party shall be responsible for delay or default caused by fire, flood, riot, acts of God, and/or war which are beyond the party's reasonable control. RVTD may temlinate this Agreement by written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. 10. HOLD HARMLESS, To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, RVTD shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages 'or injuries, liability of-damage that anyone may have or assert by reason of the any error, act or omission of R VTD, its officers, employees and agents, in the perfornlance of their duties under the terms of this Agreement. It is further agrees and understood that neither party is, by virtue of this Agreement, a partner or joint venturing with the other party and neither party shall havc any obligation with respect to the other party's debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validityofthe remainder of this indemnification. 11. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Intergovenunental Agreement For Reduced Fare Program Page 5 of7 City of Ashland Attn: Martha Bennett City Administrator 20 East Mai n Street Ashland, Oregon 97520 Phone: 541-488-2100 Fax: 541-552-2092 RVTD Ann: :Accounts Recei va bIe 3200 Crater Lake Avenue Medford. OR 97504-9075' Phone: (541) 608-2431 ( and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 12. NON-DISCRIMINA TION. Each party agrees that no person shall, on the grounds ohace, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this agreement when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659.425, and, all regulations and administrative rules established 'pursuant to those laws. 13. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the tenns of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 14. NO WAIVER. The failure by any party to enforce any provISIon of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement 15. SEVERABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 16. HEADINGS. The headings ofthis Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. Intergovernmental Agreement For Reduced Fare Program Page 6 of7 . . 17. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 18. ASSIGNMENT/DELEGATION. RVTD shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 19. NO THIRD PARTY BENEFICIARY. Neither the Federal Government, nor any other entity other than the parties named herein are parties to this Agreement and shall have no obligation to any third party. 20. AMENDMENT. The tenns of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever wjthout prior written approval of RVTD and the City. To be effective, any amendments to this Agreement must be in writing and mus't be signed by authorized representatives of both parties. 21. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the tenns of the Agreement. 22. BINDING EFFECT, The tenns of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or,by their officers, thereunto duly authorized. Dated this 4th day of August ,2009. ROGUE VALLEY TRANSPORTATION DISTICT ByfftjJ//~ Julie Brown General Manager CITY OF ASHLAND BY~~ John omberg , Mayor Reviewed as to foim: Reviewed as to form: By K~.Q, rr)'eff~ Richard Appicello City AttWle)' Date: iJ' J ~ 0 1 By David Lohman Legal Counsel for RVTD Date: Intergovernmental Agreement For Reduced Fare Program Page 7 of7 CITY OF ASHLAND Council Communication Ordinance Revisin~ the Public Contractin~ Code and Personal Services Code Meeting Date: May 18,2010. Primary Staff Contact: Megan Thornton Department: City Attorney's Office E-Mail: thorntm@ashland.or.us Secondary Dept.: Public WorkslFinan Secondary Contact: FaughtlTuneberg Approval:, Martha Benne Estimated Time: 5 minutes Question: Should the City Council approve the Second Reading of an ordinance titled, "An Ordinance Relating to Public Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 2.52"? Staff Recommendation: Staff recommends Council approve Second Reading by title. Background: The basic purpose of the public contracting and personal services revisions is to simplify the procurement process by relying on the comprehensive set of statutes and regulations adopted by State law. The procurement process is simplified because the proposed ordinance utilizes essentially the same state law process for the procurement of goods, services, public improvements, and personal services. The amendment ensures that there are no conflicts between the City's public contracting code, personal services code, and the state's regulations, which makes it easier for staff to ensure compliance with applicable laws and regulations. , After the first reading, the Council had two requests: I) to incorporate the findings required by AMC 2.54.040.E.2 into the new ordinance, and 2) to consider incorporating a local preference provision for Rogue Valley businesses. Language was added to the proposed ordinance in section 2.50.120 to require findings that, "City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract." Staff looked into the possibility of including a local preference provision, but such a provision would likely decrease competition and it was not supported by state law. I. Some of the changes that are being proposed that aim at simplifying the code and following state law are listed below. A. Adopts the Oregon Public Contracting Code and the Attorney General's Model Rules for public contracting and states that those rules apply when the local rules do not address a particular situation. ~ BENEFIT: Much of the City's current public contracting code is a restatement of state law. By adopting the state public contracting code instead ofrestating select portions of state law it is clear that the City's intention is to follow all state procedures. This reduces the City's public contracting code and personal services code from approximately 30 pages to 9 pages. B. Eliminate 2.50.075 [Sole Source], 2.50.080 [Emergency Contracts], 2.50.085 [Special Procurements], 2.50.090 [Procedure for Requests of Proposals for Goods and Services and Public Improvements], 2.50.095 [Prequalification], 2.50.100 [Protests of Procurement Process], Page) of4 ~~, CITY OF ASHLAND Public Improvements], 2.50.095 [Prequalification], 2.50.100 [Protests of Procurement Process], 2.50.105 [Correction and Withdrawal of Bids], 2.50.115 [Transfer, Sale or Disposal of Personal Property], 2.50.126 [Exhibit A], and 2.50.127 [Exhibit B]. ~ BENEFITS . Eliminates redundancy between city code and the state public-contracting code. The city is required to comply with state law and eliminating these duplicative code sections eliminates the possibility of contradictions between local and state law. . Eliminates the contract provisions in Exhibit A from the city code, which allows the city attorney's office the ability to change the contract when necessary to comply with changes in state regulations and case law. . Replaces Exhibit B with a new AMC Chapter 2.54 for the Disposal of Surplus and Abandoned Property. ~ DECISIONS FOR THE COUNCIL. Adoption of the Model Rules includes authorized informal processes for buying goods and services- that is, the state law exemptions to formal competitive bidding and solicitation. The Council can further limit by Ordinance such informal processes and require formal competitive bidding and solicitation at a lower level. . Small Procurements: ORS 279B.065 states that a procurement for goods or services not exceeding $5,000 may be awarded in any manner that is practical. .:. Does the Council wish to adopt the state small procurement amount of $5,000? o In a March study session the Council agreed to use the small procurement process for goods and services up to $5,000. . Intermediate Procurements: ORS 279B.070 states that a procurement for more than $5,000 but less than $150,000 generally requires the contracting agency to receive three quotes or competitive proposals. OAR 137-049-0160 states that intermediate procurement limit for public improvement contracts is $100,000. .:. Does the Council wish to adopt the state intermediate procurement amount of$150,000? o In a March study session the Council agreed to use the intermediate procurement process for goods and services up to $100,000. .:. Does the Council wish to adopt the state intermediate procurement amount for public improvement contracts of $1 OO,OOO? o In a March study session the Council agreed to use the intermediate procurement process for public improvements up to $100,000. C. Repeal of AMC 2.52 [Personal Services Contracts] and adoption ofthe state procurement procedures for personal services contracts. ~ BENEFITS . With a few exceptions, the City would use the same procedures to award a personal services contract that it would use to award a goods and services contract or public improvement contract, which will simplify procurement procedures for staff. Page 2 of4 ~.l' CITY OF ASHLAND . The average cost to the City of preparing an RFP for a contract is $7,000; utilizing the small and intermediate procurement procedures will reduce the costs of preparing these RFPs. ~ DECISIONS FOR THE COUNCIL . OAR 137-48-0200 allows direct appointment of personal services contracts for architectural, engineering, and surveying contracts. .:. Does the Council wish to adopt the state personal services exemption of $50,000? o In a March study session the Council agreed to allow direct appointment of certain types of personal services up to $75,000. Direct appointment for all other types of personal services is capped at $35,000. II. The following changes are being proposed to promote competition and fairness by providing additional safeguards to the procurement process. A. AMC 2.50.020 establishes that the purpose of this chapter is to utilize procurement practices that promote open competition and efficient use of public resources, and AMC 2.50.100 states that even if a contract is exempt from the formal procurement process the Local Contract Review Board, Public Contracting Officer, or City Attorney may require a formal procurement process to ensure fairness. ~ BENEFIT: This establishes a broad exemption allowing the formal procurement process to be implemented whenever it would further the purposes of the public contracting code. B. In addition to the state regulations for competitive sealed bids, AMC 2.50.080 requires the Finance Director to verify that funds are available and requires the City Attorney to approve the contract and review all formal competitive solicitations. ~ BENEFIT: The safeguards ensure that the requirements for competitive bids and proposals and the associated contracts meet statutory requirements before the bid or proposal is advertised. C. In addition to the state regulations for exempt procurements, AMC 2.50.100 requires the Public Contracting Officer to write findings documenting the exemption, get authorization from the Finance Director that there is adequate funding, and get approval from the City Attorney that the contract is in appropriate form. ~ BENEFIT: The safeguards ensure that exemptions from the RFP process are appropriate and that there are funds for the project. III. The following changes are aimed at making the process more efficient. A. AMC 2.50.040 updates the definitions and defines "Public Contracting Officer" as the City Administrator or his/her designee. B. AMC 2.50.060 states that the Local Contract Review Board (City Council) is given all of the duties and authority of a contracting agency under state law with the power to delegate its powers. C. AMC 2.50.070 gives the Public Contracting Officer authority to purchase and enter into contracts for things that have been appropriated funds by the City Council up to $150,000 and to perform any act that may be delegated by the Local Contract Review Board according to Oregon law. Page} of 4 ~~, CITY OF ASHLAND >- BENEFIT: The City can take full advantage of exemptions to competitive bidding as provided by state law through the delegation to the Public Contracting Officer, while maintaining the ability to review formal solicitations and any exempt procurements at its discretion. IV. The public contracting chapter needs to be updated to incorporate new provisions of state law. A. A provision was drafted to respond to House Bill 2867, which requires cost comparisons for service contracts over $250,000. ~ BENEFIT: The additional provision sets the profit margin at 10% for all cost comparison calculations to make it easier for staff to comply with the new requirements. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: I) Move to approve the Second Reading and adopt the ordinance. 2) Postpone consideration of the proposed ordinance. Potential Motions: Staff: [Conduct Second Reading of the ordinance by title only.] Council: Motion to approve Second Reading and adopt the ordinance. Attachments: . Proposed ordinance Page 4 of 4 r~' ORDINANCE NO. AN ORDINANCE RELATING TO PUBLIC CONTRACTING AND PERSONAL SERVICE CONTRACTS, AND REPEALING CHAPTERS 2.50 AND 2.52 Annotated to show dolotions and additions to the code sections being modified. Deletions are bold . .L and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters. Local 1660, Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 2.50.010 [Short Title] through 2.50.140 [Protests of Procurement Process & Solicitation Award] are hereby added to the Ashland Municipal Code read as follows: 2.50.010 Short Title. The provisions of this chapter and all rules adopted hereunder may be cited as the Ashland Public Contracting Code. 2.50.020 Purpose. The purpose of the Ashland Public Contracting Code is to utilize public contracting practices and methods that maximize the efficient use of public resources and the purchasing power of public funds by: A. Promoting open and impartial competition; B. Using solicitation materials that are complete and contain a clear statement of contract specifications and requirements; C. Taking full advantage of evolving procurement methods that suit the contracting needs of the City; and D. Providing direction to city staff regarding purchasing practices and purchasing authority that results in a systematic and uniform administration of public contracts. Ordinance No. Page I of9 2.50.030 Adoption of State Law. Except as specifically provided herein, or by subsequent ordinance or resolution, the Model Rules, Oregon Administrative Rules (OAR) Chapter 137, Divisions 46, 47, and 49, adopted by the Attorney General under ORS Chapters 279A, 279B, and 279C, as they now exist, are hereby adopted as the City of Ashland's Public Contracting Code. A copy of the Oregon Public Contracting Code and Model Rules shall be maintained in the City Recorders Office. Words and phrases used in these rules that are defined in Oregon Revised Statutes (ORS) Chapters 279A, 279B, 279C, and in the Model Rules shall have the same meaning as in those statutes and rules, except as may be provided for herein. In the event that the rules adopted by the local contract review board do not address a particular situation, the Model Rules apply. 2.50.040 Definitions. Words and phrases that are used and defined in the Model Rules and the Oregon Public Contracting Code shall have the same meaning as in those statutes and rules, except for the following: A. "City Attorney" shall mean the Ashland City Attorney or his/her designee as specified by written order. B. "Department" shall mean City of Ashland instead of Oregon Department of Administrative Services. C. "Director" shall mean Public Contracting Officer as defined in this section instead of the Director of Administrative Services. D. "Findings" are the statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations; value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability; performance and funding sources. E. "Finance Director" shall mean the Ashland Finance Director or his/her designee as specified by written order. F. "Local Contract Review Board" shall mean the Ashland City Council. G. "Public Contracting Officer" means the City Administrator or his/her designee as specified by written order. H. "Model Rules" means the public contracting rules adopted by the Attorney General under ORS 279A.065 and adopted by AMC 2.50.030. I. "Oregon Public Contracting Code" means ORS Chapters 279A, 279B and 279C. J. "Personal services contract" means a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The Public Contracting Officer shall have discretion to determine , Ordinance No. Page 2 of9 whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. 2.50.050 Applicability. The Ashland Public Contracting Code shall apply to procurements by all City departments and divisions, including Ashland Parks and Recreation. 2.50.060 Local Contract Review Board Authority. The Local Contract Review Board shall have all the duties and authority of a contracting agency that are granted under state and local law. The Local Contract Review Board may delegate its powers and responsibilities by ordinance, resolution, or board order consistent with the Model Rules and the Oregon Public Contracting Code. 2.50.070 Public Contracting Officer Authority. A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; 2. Contract for all personal services as long as the contract price does not exceed $75,000; and 3. Sell or dispose of all personal property of the city in accordance with AMC 2.54. Contracts approved under this section require no further approvals by the Local Contract Review Board. B. Except when this Chapter, or the Oregon Public Contracting Code and Model Rules, specifically requires the Local Contract Review Board to take action or exercise its discretion and delegation is not allowed, any act required or permitted to be performed by an "agency," "head of a contracting agency," "local contract review board" or the "director" under the Model Rules or Oregon Public Contracting Code shall be performed by the Public Contracting Officer. C. The Public Contracting Officer may develop such forms that are convenient to the administration of the City's contracts and may promulgate procedures reasonably necessary to accomplish the purposes of this Chapter, the Model Rules, and the Oregon Public Contracting Code. The City Attorney may promulgate standard forms for use by the Public Contracting Officer. 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals. Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: A. The Finance Director must sign off that there are appropriate funds for the project before the project is put out for bids. B. The City Attorney must determine that the contract is appropriate as to form before the project is put out for bids. C. The Local Contract Review Board shall authorize solicitations of competitive sealed bids and competitive sealed proposals. Ordinance No. Page 3 of9 D. The City Attorney shall review all formal competitive solicitations or formal competitive bids to ensure that the appropriate process is being followed. E. Electronic Solicitation. Competitive sealed bids and competitive sealed proposals may be available online, but applicants will NOT be able to submit their proposals and/or responses online. Bids and proposals must be delivered in hard copy form to the City in accordance with the requirements for the competitive solicitation. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: A. Contracts listed in ORS 279A.025(2). B. Purchases through federal programs as set forth in ORS 279A.180. C. Public Improvement Contracts that qualify for exemption as set forth in 279C.335. D. Small Procurements - a public contract not exceeding $5,000. 1. Small Procurements shall be awarded in accordance with ORS 279B.065, OAR 137-047-0800, OAR 137-047-0265 and all other applicable provisions of law. E. Intermediate Procurements - a public contract for goods and services greater than $5,000 and less than $100,000. 1. Intermediate Procurements shall be awarded in accordance with ORS 279B.070, OAR 137-047-0800, OAR 137-047-0270 and other applicable provisions of law. F. Sole Source Procurements - a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 279B.075 and all other applicable provisions of law. G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 2798.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. . 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. H. Emergency Procurements - a public contract that is necessary because an emergency exists meaning there are circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare, or property that could not have been reasonably foreseen and requires prompt execution of a public contract to remedy the condition. 1. Emergency procurements shall be awarded in accordance with ORS 279B.080 and all other applicable provisions of law. Ordinance No. Page 4 of9 I. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): 1. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded so long as the price of the materials is the same or lower than that in the original contract. 2. Contracts for licenses and maintenance of computer hardware, computer software, and telecommunications products (including cable, video and television products). 3. Purchase of items or services of an artistic nature, including, but not limited to public art. 4. Contracts for removal, cleanup or transport of hazardous materials. As used in this Subsection, "hazardous materials" include any material or substance which may pose a present or future threat to human health or the environment, including Hazardous Waste as that term is used in the Resources Conservation and Recovery Act (42 USC 6901 et seq.). 5. Contracts for purchase of used motor vehicles, defined as any motor vehicle that is at least Or:1e year old. 6. Contracts for the purchase of used heavy construction equipment. 7. Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods. . 8. Contracts for the purchase of advertising, including legal advertising intended for the purpose of giving public notice. 9. Contracts for the purchase or sale of all utilities including, but not limited to, electric power, gas, water, sewage, internet, cemetery lots, cable and telecommunication services, and the sale of telecommunication materials or products or other services, materials or products traditionally provided by the City. 10. Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority. 2.50.095 Additional Requirements for Exemptions Pursuant to 2.20.090(1) Any contract exempted under 2.20.090(1) shall additionally satisfy these criteria: A. The performance bond requirements of ORS 279C.375 and 279C.380, unless an emergency exemption exists in accordance with the Oregon Public Contracting Code and Model Rules. B. The construction and landscape contractor registration and requirements of ORS Chapter 671.630 et seq. and Chapter 701; C. Any other law applicable to such a contract; and, Ordinance No. Page 5 of9 D. To the extent that BOll applies, the City and the contractor shall comply with the prevailing wage provisions of ORS 279C.800 - 279C.870. 2.50.100 Informal Process - Process for Exempt Procurements The following process shall apply to all contracts that are exempt from formal competitive selection procedures in AMC 2.50.090. A. The Public Contracting Officer is responsible for determining whether a project is subject to an exemption pursuant to AMC 2.50.090 that will allow a process other than a formal solicitation. Except for small procurements and emergency procurements, it is the responsibility of the Public Contracting Officer to evaluate whether an exemption exists and write findings consistent with Oregon law to document the exemption. A copy of the written findings shall be given to the City Attorney. If an exemption is approved all applicable provisions of the Oregon Public Contracting Code and the Model Rules must be followed. Notwithstanding the exemptions, the City Attorney, the Public Contracting Officer, or Local Contract Review Board may require a formal competitive solicitation to ensure the purposes of this Chapter. B. Except for small procurements and emergency procurements, any informal procurement process, listed in AMC 2.50.090 shall require the Public Contracting Officer to obtain written authorization from the Finance Director to ensure that adequate funds are available for the project. C. For intermediate procurements of any amount the contracting agency shall use a written solicitation to obtain quotes, bids, or proposals. D. For all contracts over $5,000 the City Attorney must determine that the contract is appropriate as to form before the contract is awarded. Use of a City standard form contract negates the need for legal sign off on all informal contracting processes. E. After the procurement process is complete, the Public Contracting Officer must execute the procurement contract, and the Finance Director must endorse the amount of the contract. F. The Public Contracting Officer must execute any change orders or amendments to the contract that are authorized under the Oregon Public Contracting Code or the Model Rules. . 2.50.110 Electronic Advertisement of Public Contracts The City may publish the advertisement for Offers by posting it on the website of the city, or if applicable, another governmental entity as long as the content required by the Model Rules and Oregon Public Contracting Code is available. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. 2.50.120 Personal Services Contracts -- A. A personal service contract that does not exceed $35,000 may be awarded by direct appointment. Personal Services Contracts that are for contract amounts greater than $35,000, but less than $7a,eoo shall follow the process for Intermediate Procurements as outlined above. In addition, the Public Contracting Officer shall make findings that City personnel are not available to perform the ~OIOlJ'" Ordinance No. Page 6 of9 b~ -) services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. 1. Class Exemptions - Professional Services. A personal services contract that does not exceed $50,000 may be directly awarded to the following classes of personal services contracts: a. Engineers; b. Surveyors; c. Architects; and e. Financial Analysts. t. Class Exemption - Attorney Services. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract. In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. 'if5. Pre-qualified Pool Exemption. The City may directly award a personal services contract that does not exceed $100,000 to a provider that has been selected to be on a list of: a. The City's current list of qualified providers through a formal process; or b. From another public contracting agency's current list of qualified providers as long as the public contracting agency uses a process substantially similar to the City's to derive the list. ~. Continuation of Work Exemption. Personal service contracts of not more than $100,000 for the continuation of work by a contractor who preformed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the Public Contracting Officer determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work. B. The Local Contract Review Board is hereby opting out of OAR 137-048 regarding architectural, engineering, and land surveying services. C. The standard procurement rules adopted above shall apply to such contracts, as well as the following personal services selection criteria: 1. Specialized experience in the type of work to be performed; 2. Capacity and capability to perform the work, including any specialized services within the time limitations for the work; 3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost Ordinance No. Page 7 of9 control, quality of work, ability to meet schedules, and contract administration where applicable; 4. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable; 5. Cost of the services; and 6. Any other factors relevant to the particular contract. 2.50.125 Cost and Feasibility Determinations The Public Contracting Officer shall make written cost or feasibility findings pursuant to ORS 279B. 030. If the Public Contracting Officer is performing a cost analysis pursuant to ORS 279B.033, the Public Contracting Officer shall add a profit margin of ten percent (10%) of the cost of the project when estimating the total cost of hiring a contractor. 2.50.130 Record Keeping To facil~ate contract file record keeping and reduce accounting and auditing difficulties in having dispersed contract files, each city department will maintain a complete file on all contracts executed on behalf of that department. Information to be included in the file shall include, at a minimum: A. Any and all invitation for bids, requests for proposals, and any advertisements; B. Council consent authorizing contract execution when applicable; C. Copies of the signed contract, any required insurance certificates, bonds, or other bid security; D. Any approved Local Contract Review Board waivers; and E. List of who the solicitation documents were sent out to or the list of plan holders. The City Recorder's Office shall retain the original executed contract as well as original copies of any required insurance certificates, performance bonds, and payment bonds or other bid security. The department which is responsible for the procurement shall continually monitor insurance certificates to ensure the City remains an additional insured and that the other party has sufficient coverage. 2.50,140 Protests of Procurement Process & Solicitation Award A. The Uniform Administrative Appeals Process outlined in AMC 2.30 shall apply to all protests of the procurement process and award of public contracts except that the timelines of this section shall govern when determining whether an appeal is filed timely. B. Timelines for Submitting Protests. 1. Protests regarding the process or specification shall be received no later than ten (10) calendar days prior to bid closing. 2. Protests regarding the award of the contract shall be received within seven (7) calendar days from the notice of intent to award the public contract. C. Failure to strictly comply with the applicable protest requirements, including but not limited to the required elements for the written protest required by the Model Rules and the Oregon Public Contracting Code, payment of the applicable appeal fee pursuant to AMC 2.30, and time for filing as specified in this section, Ordinance No. Page 8 of9 shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. SECTION 2. Repeal. The existing Ashland Municipal Code Chapters 2.50 [Rules of Procedure for Public Contracting] and 2.52 [Rules of Procedure for Personal Service Contracts] are hereby repealed in their entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2- 5) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 9 of9 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to Green Burials May 18, 2010 Primary Staff Contact: Public Works/ Cemetery E-Mail: Legal Secondary Contact: Martha Benne Estimated Time: Michael Faught faughtm@ashland.or.us Michael Morrison 10 Minutes Question: Should the City Council approve the First Reading of an o!dinance titled, "An Ordinance Relating to Green Burials at City Cemeteries and Amending AMC 2.64. I 60"? Staff Recommendation: Staff recommends Council approve the First Reading by title only and set the matter for Second Reading. Background: The current ordinance pertaining to ground burials requires that a liner or vault must be used as part of the burial process. The desire of many people to be "green" now includes what will be done with their remains after death. The current requirement of using a concrete or metal liner is not considered to be environmentally sustainable. A true "green burial" will have no artificial or non biodegradable materials placed in the grave. Embalming will either not be done at all, or it will be done with all natural materials. Many families are now requesting "green burials;" however, with the current ordinance a liner is required. The use of a liner was originally done to minimize settling and therefore minimize maintenance. While settling is minimized when a vault or liner is used, some settling still occurs. Not using liners or vaults should have a minimal impact on the required maintenance in the cemeteries. Allowing the Public Works Director or hislher designee to determine where "green burials" will take place within the cemetery will allow those burials to take place in areas where some settling will not cause a problem. Related City Policies: City ~~arter Article 10, Ordinance adoption provisions Council Options: I) Move to 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 I of I ~~, ORDINANCE NO. AN ORDINANCE RELATING TO GREEN BURIALS AT CITY CEMETERIES AND AMENDING AMC 2.64.160 Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ... &L and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the Council wishes to adopt provisions to allow green burials at the city cemetery. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.64.160 [Ground burials and interments in crypts] is hereby amended to read as follows: 2.64.160 Ground burials and interments in crypts . A. Except for subsection C, Burials in the ground must be in liners sold by the City of Ashland Cemetery Department, except that burials in steel vaults acceptable to the Director of Public Works or the Director's designee are also permissible. B. Interment in !!...crypts must be in !!...caskets or other suitable container approved by the Director of Public Works or the Director's designee~ C. Green Burials will onlv be allowed in areas deemed acceptable by the Director of Public Works or his/her desiQnee. Approval of a qreen burial must take place at the time of purchase. For purposes of this ordinance a "Qreen burial" is a burial that takes place without the use of formaldehyde-based embalminQ, metal caskets, and concrete burial vaults. Ordinance No. Page I of2 SECTION 2. 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. Section 2) 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 , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. 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: Intergovernmental Agreement and Ordinance to Participate with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services in Southern Oregon Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: May 18, 2010 Police Department Fire Department Martha Benne Terry Holderness holdernet@ashland.or.us John Karns 5 Minutes Question: . Does the Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services in Southern Oregon? Staff Recommendation: Staff recommends that the Council authorize entering into an intergovernmental agreement to participate with Emergency Communications of Southern Oregon top provide emergency dispatch services in Southern Oregon. Background: The Police and Fire Departments presently contract with the City of Medford for emergency dispatch services. All Jackson County emergency services including those previously provided by the City of Medford will be consolidated into the new Emergency Communications of Southern Oregon (ECSO). This consolidation should take place on or July 1, 2010. After that time there is no viable option other then ECSO available to the City of Ashland for providing emergency dispatch services. At this time staff estimates that becoming part of ECSO will reduce the cost of emergency dispatch services for the City of Ashland by over $100,000 a year. ECSO will be formed as an intergovernmental public entity under ORS 190.010(5). The IGA being presented covers the governance ofECSO and the City of Ashland agreeing to be part ofECSO. Oregon law requires that the council pass an ordinance authorizing entering into an agreement to form a public entity under ORS 190.085. In order pass the ordinance and enter into the IGA prior to the effective date of the IGA the ordinance will have to be passed as an emergency. As long as Ashland Police Department remains the second largest Police Department in Jackson County the Department will be guaranteed a permanent position on the ECSO seven member executive board. Prior to July of2010 the Council will be asked to approve another IGA containing the actual contract including cost to the City of Ashland for ECSO providing emergency dispatch services. Related City Policies: None. Council Options: Approve first and second reading and adoption of an ordinance authorizing entering into an agreement to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon" by Emergency. Page I of2 ~~, CITY OF ASHLAND Delay adoption and direct staff to provide the council with additional information about options for supplying emergency dispatch services for the City of Ashland. Potential Motions: (Staff Reads ordinance infull and then by title) (Council declares emergency) Move approval of first and second reading and adoption of an ordinance authorizing entering into an agreement to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon" (vote must be unanimous) Attachments: Draft ordinance Emergency Communications of Southern Oregon Restated Intergovernmental Agreement Emergency Communications of Southern Oregon Restated Bylaws Page 2 of2 r~' ORDINANCE NO.. ' AN ORDINANCE RATIFYING THE EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON INTERGOVERNMENTAL AGREEMENT AND DECLARING AN EMERGENCY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Pursuant to ORS 190.085, the City of Ashland declares its intention to create an Intergovernmental Entity to be known as "Emergency Communications of Southern Oregon", said entity being formerly known as "Southern Oregon Regional Communications" and having been formed in the past without the participation of the City of Ashland. SECTION 2. The public purposes for which the Intergovernmental Entity is created is the establishment and operation of a public safety emergency communications system, inclusive of 9-1-1 jurisdiction as contemplated by ORS Chapter 401. SECTION 3. The powers, duties and functions of the ECSO shall include all powers, rights and duties necessary for performing the function of a 9-1-1 public safety answering point and initiating appropriate response pursuant to ORS 401.710 to ORS 401.790. The powers, duties and functions are described in the ECSO Intergovernmental Agreement on file in the office of the City Recorder. ' SECTION 4. Execution of the IGA is hereby authorized and the City Recorder shall transmit notice to the Oregon Secretary of State of the adoption of this Ordinance in accordance with ORS 190.085(2). SECTION 5.. The City Council finds that the health, safety and welfare of the City of Ashland, including the need for the City to maintain continuous 9-1-1 emergency communications, require this ordinance to have immediate effect. Therefore, an emergency is hereby declared to exist by unanimous vote of the Council, and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor. The foregoing ordinance was first read in full and then by title at a single meeting of the Ashland City Council in accordance with Article X, Section 2(B) and Section 2(C) of the City Charter on the _ day of , 2010, and duly PASSED and ADOPTED this _ day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. 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"_ , ", - -. - .... ,. - ~ _'. - ,'- c.- TIW1\g(!no/;~h~'I!,~e.g9,Y(!''tWd9Y;il;<%~jefl~~(!5Htiy!!;,()ffi~(!~!i,{~~~~:J';~~Q' 'Board'}wh()semembers"ipsh~li,cori~i~tof,scveri((ltpaitiCil'alil)~ 'jUriSajC'tiOrir~l?fc's\int;ili v,e~'if~c.l;i' Il)irincm!jC'i'S.ns;syl;torlh'qn,Ex!:ii bil?~A'J' ,.4riCi. i!s;$iichriJ,a'y, ~;a't!)~i.1~,~~;(Tc?'m..tiij1~i~Q'ljJ!iW''!?e''I,htee'.(~)I.pei'fui!i}~iil . p,t(!,m!?(!,~~:pf;!~(!~~9,~qiirq;~h~1),b(!'a'~w~~nlaljYSQLtl1e'J,~~:~l) , 'C()lfn!Z;Sherif~sqffi~(!t!!sich~sen'llY,Jf15~~nSo!-!ritYilil'repr~ptaH~e. "each,bfiil1e;City.of' Me-C1rb-rd' Police.b'ep'atimenl"ai1d,lhe'EiIX;of;M~dr6rd l1ir~ [)~Ra"fIJtiiei:itiils:th()~ii;9Y{II1,g.6i~:of:MCdfoi(L T\y<>1(3)',oflhe IC.Wt,\jftiJ1g,.f9:4iH);~,~,I~'$h}.lIl.~befille:cI!.~y'I!J!!il~~~,!jlrge~1;~I\i;i;'~gci5cy., .m#:~f1i!!;:~ge!}~~I{i1.~;!l,I.!I,~,\1I}ih~h.m~. P.~II{$ik!',)il)g:i;iri$~,it;t!(?,ri;~8,~~i{l!t? ~Q~tt'.~M!~~~J;"Th~!!!~~~!;1R'~;~9!~~>,:I~~.t~;~h~!1:R~Jil!;~~y~~RS~I,~J>;i1t: large',pohce'agenw'one(l}atllargeiflre'agency,from.the. remaining, pattic papIl't;;j~i'isd icfiori~'5s:~Ietiei;l;Dx,:thelrih!/'g\JVemmcrital:€d'l\tlcil fqr,\,oi).~;(1);i~~t;\errrij;;)1.1i y'l'i~m\!g\i Jiine)\Q! .~t"i!~Ll!i'}.l'i!1~e.ti}lg.ofe.!,;ch, ~,SC~J;Y.~jlr.,' t'!C~,g'lI ~c!P'lll[lgJH~~~lC\~pn.\~l:!h;a;~~$;!?[\,p~e...c:fst~~g~it ~h'lII'!'BPP.!Il~;,ant,s.pl!1,~sWl!"QlJ.t?.J1J118ii.rn~,I')',;~pI(!~1\1~~i~t?W;.d;,ol)(!m: alt~thalfYe"rcpre&;nlaHv~Xwho may:allcnd'aiid'partiCiRat~,'~spr'ovidcd' hel'eiii;;iri?aI16EQjBoard;ff.&tirr~s'Tnifi'e.nbseIlc~N)ftlhklpa;::HCip5tiryg . 'iirisdiditiri:s' rima' :,'i-c 'i-ciCritiilivli:'Rc'rcschlali\iesaild'iiltemtifckshall': J,.........,.....,P..,.......,.,!Y. .P,,,,,....,,.>,,.,P,... 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'cr'f6rmallcc"slalldards'f6r" '"" ,.,." .P.."..P'''''''~ ",....."...,89, "W IL,,,,.....,,.,,.....,...,.P.. ,,,,,,,,,,,,,,,""".." ,,,Ie' 'I. ,,,"',,' :'Agl?Ilcy;:~ryjc~.ll?v,l:!!~) .., ,Adqption" otihcAgl?nw;s'arn~"aLbudgl?1 Iii .Appto'viil'ofallcontrllds'ovef:$.SO)OOO.OO;, '~, "se'~i~g'.#S:;I,hcD9:tiYlo'hciirlh'c'fifiril.'sW~:ofigHcvil'hc"ii."rO'ccdUfc:for uncliissifiedem'ld'''ees '., .,' '.C"'"'',,''''' ,,,.I'.'i'Y'.", ". '''.,. .'. " ", (", """ . '1i"lSppmy~I9L<;R,I)rr~~temRli:mm,"r'.hlcm'Wiln~:FRrx(fitiq~fgr,mcA~gcll9" Dircctor . ... . ~) ,,'AlI:m:eetillgsi()f;tIlc(,EEo.' ~o~'rQiaild!,Qfi 1$" ~u (jo.rd!ri.ales;ilne~ . . "'.'. '. . ", '. , ., :-' ~ , .. - ' - -', . ,:' ", "'":. .'. - -.' - ", ,,",,~,' . -- -.." ,'" -, . . -' '. - ...- ; IhlerggYCmm~QlaL;9()litW..i1:im~hY~t;~gcll9'{\(]xiSlJrygrql1P?$ha!l~.hcl~' 'm'a~S?r<l~Qcel~vmiQr~gHngi!'~tjcMee.til)gL'l(~~st;Cj'@' !2,g:1>1Q,!Q,l?2!?W.,Qr ~s'~lI.Ch~E~.s~b!,~qlle.l'\nY<;.m.~tld,<;d.,grrepl~c,e~'b.~isH~ce~?9r{lJa,l}ile;;,'N 'm'~j6nty.'of.>t!lemembCrs.of.tne:CEO:Bo~H:I'snrill:cbnsHtiiie.iiqU6ru'm '(6"( B>uipO~c~ff d~lilXifati~,tt~~d(u~Cision>:~>;\II;dcd~ioil'~:o(t,lie~~SXBoa):d. ;'.UJlte.ss:~I~epyi~:PtYy,i<l~.i:I h~.r~JDt'~ha!J'r~BlJire, '~~}e,a*tf,gtir'(1l.~~~I?~r~' ,'v~n!'1g;tz;t}f'lyo!9rils~il'\~tW}Y'l'/l2.liql1..f9R.lt~e ge8s.j!?I'\JQ;.J:>,~.qW~ii1.t; d'. "TIleGEO:B1)ilid;.,a(ilsfitst'Ofgilnizationalmeeliilg;Tor 'as!soonHle'rcafleras, ,reasonilble/sniillado tfUles:<6ve"filih<i!ifr6i::ed6res;'and'indudin . ala ">>," . ". '0'"'''''' "..2...."".... ,S ....""g... 1'. """ .'" .",..""" "'".'" g .. '" . :l!iitlimllm;j):.i!p~~D~:P.Ji1,9~:!ifi',E)gy.la.t.!l1~~tihg~~1)i.ft~~lii?~~;fn~:i.11~~'1~f ()f: "f~i1irg.iRS~\~.I:rn,~~~ng~;"~)~~lh()~i.i~rtr,I"an4;,I11~I'\n,c;r'Rf,~~sffon.()i'<1~9' "'.Board .6fficcCs;'4 ),p'r&edtir(j~for.exccuHrtgd6cillncri Is on1 ~liaif'of:ili<<;, . Agel'l'7;imd5,l;riilergovemmenfali'EollndHan(J,User;1\gericyMIt;isory ,.G~oupt!ljIt!~Qlpr9ci.'d9!~,.' .... < ...." " " .!l;. ;..,- - ',.'.'", ~,--',,f'-'< .,-. .. "._ "~_'. ~ ,.. -~.. ',' -. ". .0' :,', :,"', ': ..,~; <:_ ',' . Th~ ef:9,~oard~'.i1filsfiISI;o!gariza.ti9narm~Hng.:~hall;eIect',a:Chiiir,and .;,' _.,' -', ":_ _~ -"',' d. r... : ":"'__": -'>:~_ _",:'~ ,~."~"': _ '. ,..,..,-._",. 1;'>'~ . - ,r-.' _.,' -'--.',_ ",,<l. _' __' . ',. ,....I,:. ~ Nice Olair10 servcll1roqghJiIne 3o;;io12;.Tti'c'ierm...of"ij,c.G11ili}~nd Vice ,Qliaii'.lllereafter.'sl1iillbCftvo'(2):y&tfs;ruri'iiing...... from]GI;;i;LiHro"iig. h;juttd;3b -. ". .., .,' -:" .'. ~; -'''-, , : .~. "iI' :~;jdfyeatjN!i~ll'el.et:liqpsht!I(J.atth~. Boaf(J'sfjr~I.i:jieetin~in,e~c6numoe~ed.. :ye"ar~;\~'helRer,.Jlji>.,,:grl.ht!reiltt~r., r~~'.Ghi1i.t..a.hd\I~..t~e;.Ch.air;s:ab~n~:lhe, ~,' _.,," .,-0 ......... '. ,". ... . . ~ " ,.. ..' . .'. '" ...". . '.',. _" , ' . .;yIce..9la.ir::,.~5a.Illpr~sI,qeRY~rH.ll}J~Q;~Pa..rcJ..~~9.ti~gs.'TheJ~g~nFY "Dir~dOi'!;otdcSii;n&t,;shall'.aft:~s"oea(oftheBoaFd :and 'be;r~,spo!)sib,l~.:tor' .prQvi(lihgifolic~s'Olri1ectingsa'ria;kccRing;ofmjnuliis,.>asrequircd;by; ",.', ,',. _," . -f ' '" '_', ' ,'_ ,__" ", <'_ '" " _", ' '_ ' -" C'" __~ _' ,,,.- ',;,,__ :". .-",', ", " ',_ , ",' __ , _ _, " ' .0feS9i1.nl.i))1icM~tirigsL.a\\ls:l1i~CEQBOardmayicslablish"bthcrofficer ,,' :, "', ", ," ",,', ," ,:,' ," ,,~ :" "'. P?~I,iQi1.s"ii'\~iI,~,d[~oi1:~O'il.qhriifi!nd.j1yice;<:h~jr;:,li'~;ili;ijijy!(t~eli1:rieccs~ry >,,-; ':--'- ~ ,I " !I I' " 'from'.tlme/fo'iTmetorilselfand/or1for'lheC:ounciland/or 'User;Agenc}'1 ,AtWisrii-Y;Gft~p:~:;""""" .... ,.1'1."'",'." . >'.J" ( lNTERGOVERNMEmAuCOuNClr., ~fl ,I There:i~fjeri!by{~ta~n~h\lai1njpie!g(JyelJlml)ll!~[:'<=9y.nCtt('i<=o~Il)dl")' - ~,' .' C' .. .,,. ,.y.>-.. ": ..: .,.. .,.. ..~., ..... '.~ ,- ,;,' . '.~."..'>7'- _::",' ,. _ ,'i" " .,' '.,">''', < -:...-, " ';/ c. ,/ ,,' ..-. ..\.,< :'/ :', ,^ :,' ';" -,',:,." ?,'-"~": ,',- :-., .-' ronsiSlirig ,of,' llle .pilrtiapa tingjuiisd iclions'aslsetforlll' 6riExhibi t ,~' A ",andias suChmay,oe'im'i?'hoiidr[ron'f7ti!tie:lO',iimci '-- -~ 'I~. Ti)!!:.goAAsiJli\i~fi,,~m9hgi:iJ~l?r2!~'i~gs,:: " . ~ .'...F...."., ,. '":-,.':''' -'."",^"": ','... d,. -"""~'. ":'_,_",:'_y J,'_,"..--- ',..,:..'.,....,',.-,w/',.. ,-" "'"0_" ',<',"-'," .':>",." .-,....-,.... .. Nomiritileciuldidales'ilrid;reoommcndcohWacl,emplo}'merit:lcriris' and' coni:l iii6nsforclnci Agcncr'Directoi'sui?Je<:ll6 CEO B6ard riitificali6ii;: '''. ". ",' . ,-.' .. '.1' '-''", '" "" _...._::,._...-..., , ',"-'_', "_,, ; ~~~;ti,P:9!\th~J!itK.t.iq~9f;.the,'.9~g;~Qilr9~,.p.r.9,vi.d~:<1Y:~r~igh~..!!nd.. "'.' -F''.' -',: - <'. _ '--^'''.'. ,-'" _"..:' ,"", :-,' #ir~~lio~At~.I'll?{\~,~~q;.pir~}oEfe~.'[~j~~.:,~!',~g~.?9:ggll[~tj9;P~;i;.. Review,arid,Recommerid in}plementing:ppliciesilridstralegjes fOf, Agency'serviC1rle\iels;' . . ,",' '.' . . ... R~vie"tarid Recoiri'ffierid'iilI'other"ieri ~.() raliri','IICies'iriciudlri ; . 'Ie"'" .. '.' ,... .,.,.... "." . .' ...", ", ".&, CY. P~L, ".&.p<?.."... ..". g ~r~QP!WI ppl!~i'~~\ . .R~Ji~\~,:an(i R~c~mme.n~~alarY'ievei.~.'f9r,,a'iEAgenw ~m,plo.Yl!e.s_ su!5jeH:tc.:CEOiaoaidraHli'caHob; . . .. .... , . . .. . .1' ;Rccoirifi1cildjlheAge~cy.rsannlla'tbudgetfo,lhC'GgQ)J6ara;. ..' P;tq~itid9l<:lh'annti;tI:~l:!~Ul~f;llfe'Aseri't)'!,s.finapl:.e~; ..' ., .]{~y.iic~r'~l,ld(4ppr~y,~;~I!,g>,~\~i).~.t!;;ln~mp,,\I.n,.t~'liIJ.J9:,~~;QgQ.Q6.Pr.il.S' oillcnvise"au thorized' by'EE0 .'Bqa rd;a~iriii1isiratiye,airecti ve;" ;";~;. .,-,_~,:<..;:;.;~_ ._' ':,\' _r;'" v y,'S\.:: .:~;:>,'_"-:: .,' .. ~.,. ;,':::;.( ;<,'.<, ':" ':". "'~~"-: ',:;':- :,: ,~~,;,~,~,_::",.,-:-:,.,>~:~....-.:~..:,.~'~.'./.> _ .., . .... .Revie\v;allcconrrai:t!;':over,S5(),OOO,OOfuld;rriilke'i'&ommeridalioriS' ,10., lhe EEO Boai'a ',' PJ"()Jide'ilIr&lloriiiridadvlteito'the\A' ert "'[)1redoii'eardiri' ~'" ""'"'''.'''~''' "':...... " ..' ",.,.. g. ...EY... ............ ....8...., ,S: perSQnl1~hm'tleran4:Iabornl!g{)ii~~P!lSi\lld nla~e'rl!'commendaiibns: : '_;;~ ... -~~M, "" ~'~'~.'~''',''~' "_~_>_.- :',~.' .' _;:_"'''' .... . (,,0 ",'".,'.,' ~ _>>,' ., .0,;-...... ~..".. .'h ,,__,. ,,",<,,,,__."'.<...'"'-"._,,...-',;" .. .;q:. " ,_'.,,:__ as'.to:sudl'lo lhe:CEO Board;. .~. ri~~foiM6the~dUili~~:~~d!fes'ponsiliiiilicsfhat'''mhf.1ka''s'sigiled by fhli eEQ;~oata;: '~ .. . . <:itnw;~OiLJ!fB';'~t;it!1'fi!~t!)rg~!li.z~Ii?~.'ljim~~~hg;;~b~ll;,~I~J:il\c:11~i~'an#_,_.... Vic\."Gh'air;lo serve,tfuough lunc30,,2(}11..,TI1ehmns,ofJh~'Ch!lir. and'Vice- Oiair'tncreafter':shall..oe:f()r'oiie:n>'yea~duly.Fthro~gnJUne30:~rtd~lcc~bns fl?r.Jhl:!':til?coTj\irii;'I~@sliilll;oe\h~ld:at.thc'firSfmeCtin~:&nlie'ycar';+,'hctnef J tlJy;t?(fljei'ei!fiii!';: Th~.. c::pqi1~i1-snilIrril!ililiii:1I..leasl'qli4'ilkrly,artii.~la' tin\earid PIi)S~A('~iggi)h~~L~Y:\ts,.I1}('m~ers, .~P,#~ilJ'mg~.lil)g~~of;l~e;~O]:incirr.n~Y be' .15 . " '.".' ;"'" ,.... ''''0.. " ,'.'.', . .;.' " . _ . ' _. :' "'.' . .. :','.': _ __ .. . . ",f, "~_',. . '.':.. __ ' , ...,'..... "',. . ( ,.,cg.I.!rit~X<~h\!,~,llir'(l~.~.~y}tY"2'(7)mBm~.Br~"'llil.n:iit.J~.ast..~I':X(!Q.(?1:.qi">;~3BI'i9r.. "wnti~n'nQtic~lo.rtli€oundi'merribcrs: .. . , ,', ',',;' . <G" ,~,,' -e,,"-._ .j") -,c',." _,",' -, " ~-__..l ",,' ,_.-, a; 'Sevcri(i.')'rcpresenlnlivcs;qf:t11i!:Eouncilii ltc.n'giif~ra"d uly;riolifed'i'rii'ietj rig: . ;;~tfa.II~c.grst~i4.,tW~'qu9tufu;forth~.;pu:tP9~s,p(d.cil~~a.tib'i1~ud,!4~!~i9n:,.E,af.h.. '~oU'l)pl'.rn~.m~~r'shWl'h~~(!~(mg(H~'9J~i~gf!,r,gya!;()(~~rli~j()rity g'f;fQ9(),rt!ffi ,a, \~(!p~..ihg}~'.gl,lJx.~(lti~~;q.Il1~(i.\!g:i!l.'rll9l1if%!l!5trll)))HSti(l~i", ;5, USER'AGENcY'ADVISORY GROUP ~, ;:~;;~~tl)~:~'~~Xi)~~~~i~~~~R~~~~~~Wi~~!~~~~~~~I~~~;~f~~~~~il: forth .on Exhlblt'''A'''llnd.as.such:m'!y, be'amendedfromllme. to, bme..User, . @ro~'R,rcprCSciltallvcsisnall'..oe;empli:l'Yces:ofiHlcifiiesp,ecHv,eagcncy; " . , ' ... - ," ,-,- ,. '-- ,- '.' '_", "'~",. '" '" _""". , ..:'.: -- .-".'-' ,..:,' ___ .' ':':" .. ,,'-'"'-'. ,::~:_ .. .'," . ." x' ....': _.... "'''''''''.''<_''' ''''; .. " k~ . 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Q\Nrum;ait.cn#ing!l~~lr,'heid'm!-c~ii?gj~.rS9~iireq:i~ri;lnya~t,(on, ,6:AGENCY'DlREETOR: '6 ..; it~e'ctEO Board.'sibllsCi~cl 'andap~illlanAgen!=y@ircctof'basedupon: ',- '~"~' ~,,;",,':' '_ _':>" ":'>-"'_'-"-'_'~/':_~";-"" _'~" _:::--. ,..",~",'''''-.' .', .."",...... .~:.-::.-"/. ~ ...,,', '.. ,.:'._,:- ,~"::;"_'." ','? ;,,{-l--y;;:, ',~,:' '_,. ,:'" ,.., '0'" ql1,~lifl.cN}2?1l'.ap,gF()m~t~I1,C!!~,si:ll!l!m~..i!~P'YPr!a~~,!?ytP,e:~~,o:.~g?.rd,: o. 1l1ii A'ehiDireCtcir'shtiltbelhc.mief ifdmifUslrativi(officef'ciftheA'cri ,.. . ,....g. q... ,,' ," ""'. "", "." .,....... . ...,gcy ~i}~:~~\ r.e~PR.~J~i~f()r:.'J) .Ag~l1q}a<!1]1iniSl.r'!.~ioii,..p~rs()nhel".P\lrCh.'!Sihg'.~ncii ,6I;!gge,r:f\lns~Q9.~!i,~:S9~fqrm~~f,e.~yilb..lti~iPPljsI~r~n.:t!1lll:s..'!9.QRt.c~b,Y',I~!!" CEQ'Boar~;'~}"9ispt\!fDj~W:J?IiQni~' (Ins~y~riJilg,,;r?S()td~~ein~~~~,tya.'14: olher, A'geiicjduncti6nsin.corifol'mance\\vlth lhe.poliaesadoplcd bi the CEO' B6iira;,~);hi iiI1g:,. traiii ing"a isCiplincand/oridischa rge;bf,allsubOl'd li'l'ti ie' 'Ken" efsO'hrteli'siIb'cct:!o a 'lidlblcA co'"fUlcsand'" olici@4Y .g.~.'p,.,..L~P8. ..~,p.... '" .~ '. I , il i1~I~n~fQg;an~"p~(l~i~il!g(!1<eg1Iiv(!.~t"ifirg;oi't!l:e 'Q~Q:ij(li1~q;; I";i'~;g~~c~erilril;Couri~iri1riiiITj~~i'G~otip'nleeiirigs;:ari(jdYS,'rcpafing;5nd ,- -.- - ' ~, , - - - .-.' ""- - ".......- '. . - , " '/ presehHngito':theiA."gency'Bu(JgetCommitte#i nof liitcr'ihansincifirsf'Monoay' , '," a .. - "'.- ,-." ,',' , in'.F(~birUiiry"asprPP6$Cd;ISU'dgcf!fot;Jllcl1cxfoudg~t;Yctif: : >." '-'-- ,. '.,,' ..... , . ".- >. ,..;;' -'.', .-"'~~'~' '.~ .'''..1 '-"."~ FUr\!DING 'TIre'scrVices.of'lhb/i\.gche')?SnaIl,}Je fuHded'frO'rn.cOnifibuHdns'from\partlC!pntihg; "Wi'isdiCti<)ns/insluoin~;ln~;<issigrimcijfofeacnpa.tHcipatWgTu.iis~idtiofrS'9,1~1' . I. ;~x'ciseilaxes ;arid.Bsetif~si>i1s~'d .Ori;a..UserF6ririUla as'd'etefiniricdib '..the GEe), . '~.Q~r;~:: 'Y~~.F.~rmll\;{Coritri.~~~~,~~\~h~it~(!'P4i,~o\Il'f~_~r.(~).eq~~Un#.~!I~~dt~ . : . a,Q~;!:I)J~I]RI~.tt;T;I,Il.i1~.J.lJl);JQ/Os,.o~! lQ;f!1pua,ry)O;:'!I).cl'A.pri! '10'~f e,acJl}'~<:Ir, %i1~If UserConfracls,.jrij;iI6rm:'~RPfo.;i?Ji;'y~ihc;CEO'.Boilr.:t;shaii i:ic,'sig!i~dhjy '(.acni.user.A~eiicr;no'la\e't;lhaiiJ,ilire'3Qthforiiacfi;i.i?i:omiij~:fisCal'}"ear;' . . i!l:. . EQUIPMENt; 'a; 1'hii:eE0}Boafi:!. sl1all':considiir'and)aaopfj)oljCies'r<!latil'~:to~o\Vriiirshiirarid rii'ainteri~rii:c' r'es~nsiBilit.ie~ .fqr ffiuiRn1lirifrie~c~h{foi';ihe:'cipcr'ltiblJ;:Of lh~ J\cn . ;{U'ri <idbtion.'of(suth:>liclcs!; lh~ cEO.'i36ai'd,ithe Ken ... ...$..S;Y,R<? ....p ......;>.;v... B9,. ........,>:" 'C." ,. I; " .v. gfY Rf~,tqr;sh~J):.~1~.~~.' .i~~.W';t().j~~vi)ilf.!,~}9..~i).~hpa.d!fiP,a.ti!lgj~tts.~kB()n)!ciiy m9n9gcr.;()nch!er\i1J;\miQislraJiveoffj~eri for, ru~po~s'jof review and lor comfuenHanO;ol1lccHon. .1f,:rio':parfidpiiiliigi.~fjS(jicHon:providcs..lhcA~enC): pi il?i:l(jl;Z}~U.t ~vti lX~\l:<>I?i!:i'~;tio:ns.?IC;; H:i:e'J?I?li~ies; :~rillii~:J)1irtY:'(~);clays()O\1.eir maillri' the "iides5h~li' be";coticlU!rlvcl.. '1i~iiied~a5"'i\CCe" ttibie;.to ihe ",,,,,",, ,:,:\-;:,g,; ,- ,;: ,'./ :" RQ":,<;::>,,>:~:,, .- . ',-',,',,;, ,,~.;.' ","",...~.,.,>:,:_:t,::,-,. 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C""'~:._._-,_.-.';'-, ",.; ,_..,.'- "', _ _, <H_ INqREASINOMEMBERSHIP' iTheCE()iJ3~rd:$h~II;geyej?P~;rn\;mOP.fOF~119wjng'^!;~n!=Ym!!mb!!.r~hjpt9.r olner,'uniti;:i>f:local"g" ovemmenf;~s sucn ah~!ddfined;mORs!19(r063;:N~\v I" ptifti1:ipatmg.j!iiiS<!{diori's:5hi):lhbe"acceptCdil!\.mcmbCr~!Of'ttiC...@eriiij'6nly"upori.' '~P,PtoX~(9t~J:tt~ii,{oli.ItI)S("/~r()J. 41i; inlg@2.Yl!tnmi?nli1IRi;)(inCiI:fu.gniligts!~irdi 7, L. -_.., " . '__._._.<'."." I: .....l!PP(\..i~cjr:~~q;>'I'i~g.P..~ii;~."..fgry;lo'ihg.R~S,t<lte.d.1(;f\,.~~n..parfipiRa.iIngl :'jhrjstij~ii~ilS.sh1'iit5ej~~p6li~ibi~fgt.d ir~CiIYofJli;aifecily:;prC;Yidiiig an :~mer.g~~C:S;'seiVice;lo'inciEublic. Emer~cncx, S<ii'Yi&srare~Bolice;fii~/or :emergenCY'lnooicaFs!!i:ViCi!S: . ~'",'. I'.' I I ;1 . 10. , .'" .__...... ......"..'.,,,'.'.". ":"""_^''''_''''''''''':,,'_''.'''.'''~.''''.'' '_." n.,.'__',_ _.>>" ,.., _',..__'y.'.........":__.' ...,.,', .. ;DURATI0N.'!WliJ'HDRAWAEAND'TER~INA110N . , ~', '~',."~'. ., "__..',' .~. '. - .' , .. 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'~. --~f-" ~~~-;:,,:;,__':. -,,,~,':.'. ;.~~:-<(., ;:-: ',.- ~-',. -: ,^.' -'_~'_'-< (!~(;:EO&,~r(tq 0., "" '" .> .. , 'c ,-.,.,. , , ,'A~~ncy"pir'1cJ9r '" " . " , " ,Ifit~rgQjicmn,:ent.~~ '@uXI~.if; , " d ,.'-j>.. F'..'''{ , "("<2 >" ,/,,), :-;; S',; 9\1I1Pf'" .' , > T ',,>,' " YS\!I'~8epQ;':1~9!~m:Y >.', '< > >,C, .' ,i User"Agenc:y !"'dyisory'G~oup .' '-'~-''', - ,~.-, :';'. " .', .."", 't,,, . '. --' ~ ...,.... . Gm\lP(Fii"l') :(Law~, ,> . , ,15: - D40RIO ~A~ECSe! EMERGENCY COMMUNICATIONS OFSOUTf:lERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON RESTATED BYLAWS APRIL I 2010 I Ii " , I I I I ': , :1 !I ji II I i, :I Ii !' i,' i it , II II ii , :1 ,I 'I 1 ,I 'I I. q " I i, ,I ~ I I Ii II , I: J. " , REST AT ED "Y~A WS I , I I I I 11 II I, i ; TABLE OFCQNTENTS ,iARTICLE-il ft\urnoRiTY.'PA'RiicipANT'S'AND-rUitroS'~ ...........................,...,...............3 :1 , !I jl :1 iI iI 11 ! i ! , j II iI I, iI I, 'I II r :l Ii II Ir Ii I' II ;1 fARTICi:E2~ :cHiEf'EXicliiivE.BOARDI..................................~........................................, ~ ....4 ARTiciE'3~ . fIN1:iliGOVERNMENTAfcoiJNci.~.......................................................,..........5 !ARTICLE 4~ !uSER AGENCY ADVISORY GROU~..................................................................6 iARTiCiE'5~ :OFF"idR~.:.. ........... ,........ ............. ............... ........... ....... ..........7 rA.RTlci:E"6'~ ',r6UTIES'&.RE.sroNSIUl.l'liES;.CEO.iioAijj;.COUNCi....TiSERGROUP! !& DIRECTOR/...................,...................................................................,.........................6 [ARTiCLe"?l: [MEETiNGSl..........".,....................................................................................................,8 !ARTicLE'8~ pRDEii'OAi:islNES.S/...............................,......................................................"......,9 IARTICLE 9~ IMINUTE~...........;.;......................;..............,.................................................................9 , :A---R"T"I"C"'L"E"'I"O"1 1...--..-- -.... ;';1 ~ ,FISCAL YEA"I...;........................................................................................,..............10 Ailic"'ii'li'~ :sTAFF.A.sslsTA.NcEj..................................................................."......................10 I !AT -;1 ARTICLE 12. iADMINISTRA TIVE DIREC11VE~.,............................,.....................................10 :; ,I !: Ii I I !ARTICLE'i3~' [oUDGifF.INANc.iAhND.EQi'iiP'ME.N1j..,.................,......................,............11.' fAR'...TlhC'LE 14'1 ftl: ':1 ~ ~!AMENDMENTS: BYLAW"l................................................................................13 2 !Article 1. AUTHORITY, PARTICIPANTS' AND PURPOS~ Section 1.1. 1.1.1. Section 1.2; Section 1.3. 1.3.1. B.1Sis for Bylaws Authority The authority lor Bylaws restaiement is based on the Emcrgency Communicatiorisof SouthernOrcgon(" Agency") RestatL>d IntergovernmenhilAgrccment ("ReStated IGA") enacted effective , 2010 pursuant toORSI90.010. (SL'I! Restated IGA Paragraph 3., sub-paragrnph "d" for a descrir.tionof the delcgated authority to the Chief Executive Officers Board ("CEO Board") for the formulation of Agency Bylaws) PiHticipatinl! A~cn<;y Members As of 2010 the participating m,embers of the Agency are,asset forth in Exhibit" AU attached hereto and incorporatcd hercinby rcference. All members of the Agency shall be a unit of local government as such is defined in ORS 190.003 and be rcsponsiblc for dircctly or indirectly providing ancmcrgency servicetothc public. Emergcncy Services aredefinectas police, fircor emcrgency medical sCrVices. If new participating membersjoiri the Agency,. or. initial membcrs withdraw, this Section. of the Bylillvs shall automatically be amended by intcrlineations to reflect actual membership witholit ,myoiher action of the Agency. Purpose of Al!enc;y and Bylaws The. purpose of the Agency is to establish and operate a public safety emergency communications system inclusive of Agent)' members as contemplated by ORS 401.710 to 401.790th<1t pf()videsfora coopcr<1tive andcoordinated9-I-J primary public II ; , I ,I " , I 3 I safety answering point (PSAP) for police, fire and emergency medical services for the hencfitofall AgenL.l' members. Ii " il H I I 1:3,2. ~eclion 1.,4 1,4.1 1.4.2 1.4,3 1.4.4 These' Byla\y~ ou tIine,the, Ageney ,Drganizatic:mal governance proccdure~.an9 rule~,al1d supersede all previously approved Bylaws .of the Al;ency. ' , . II II 11 II I II d " ;j !j Ii I' II II :1 II II I II I I I II I" ! " II 'I II I , II II II I I I Governance' Pursuant to the Restated IGA; the Agency isgDvemed by the CEO Board which in tum oversees tlJe subDrdinate IntergDvernmental Council ("Council") and the User Agency AdvisDry Board ("UserBDard"). 'these Bylaws provide that all the Agency's governing bodies, CEO Board andCovernmenta\ CQunCil,and all other sub groups '.or committees, whether permanent or lid liac. arc~ubject to the Oregon Public Records and MectingsLaws. '111egoverning ru\c~ of parliamcntary procedure for all ofthe Agencfs governing bodies'shall be The Standard Code of ,Parliamenta!)' Procedure. 4,nEdition, by Alice Sturgis ("Sturgis Rulcs"). The quorum and voting rules for cach govcrningbDdyof thc Ageney as set forth in the ReslatedlGA. ' , -~--"-'-""I'--""'-"-""I"""'-"--"""-'''-''''~Dl !Article 2. CHIEFEXECUTIVE OFFICERS BOAR Section 2.1~, Section 2.2. 2.2.\ PUrpDse .of CEO Board '1111" CEO Board of Emcrgcncy Communications of Southern is thegDveming body of the Agency. CEO Board-Membership CEO BDard membcrshipshallbc as oUllincdin thcRcstated IGA, Parilgraph3. a. , " 'I I I; ! 4 [I Section 2;~ CEO Board OffiCers 2.3.1 Pursuant lathe Restated IGA, Paragraph' 3. e., the CEO Board, shall ek'Ct a Chair and Vice-Chair, at the times and Cortlw terms specified therein. The CEO Board may also create such other officer positions, as it may deem ncressary, from time to time. Section 2.4 Eligibility to Hold an Officer Position 2.4.1 Officers of the CEO' Board must be eligible as an elected,official or employecof a member agency. ~rtiti~'3:""'INTEiGOVEitNM'ENTAi--coiiNCI~ Section 3.1. Purpose of the Council 3.1;1 The purpose of theC(juncil is to provide regUlar an(.l consistent professional administrative oversight, support and guidance to the Agency Director and overall Agent}' operations supervision by each Agct:lt}' member's Chid Administrative Officers or their .designees. The Council is subordinate to thego\'erning authority of the CEO Board. Section. 3.2. . Council Membership 3.2.1 Council membership shall be as outlim.>d in the Restated lGA, Paragraph 4, a. 3.2.2 Each CouneJll\o\cmber Agency shall appoint, at its pleasure, one (1) primary member represen\alive and one (1) alternate member representative to ihe Council. Primary members and alternates shall, be an elected official or employee of their respeCtive jurisdictions. 3.2.3 Each primary oralternalecouncil member ma)' attend and participate, subject to RestaledlGA provision~ and these Bylaws, all Council meetings. Alternate members may attendCouncil meetings 5 I al1d are fuHy empowered to act on behalfof their primary Agency member. Section 3.3 Council Officers 3,3:1 Pursuant to the Restated IGA. Paragraph 4. c., lhe Council shall electa,Chair and Vice-Chair,iit the times and iortheterms specified therein., TheCEQ Boa.rd may als9 create such other officer posHi()na~may be deemedoli.>tessaryirom time to time. i I I i ~ II iI' ! Section 3.4 Vac.lncy on the Council: Thirty (30) Day Notice 3.4.1 In the event of a vacancy on the Council, the affected Agency member shall submit in writing to the Council Chair within ,thirty (30) days, the name of the elected or appointed representative to fill thi? vacancy, ili;,\vell il'S any change in the alternate if applicable. iA~ti~le 4. USER AGENCy:-A:DVISORY-GROUPj' i , I I , q :. II " II rl " II " II I i I Section 4.1 Purpose of the User Agen<;y Advison' Group 4.1.1 TIle purpose ofthe.user Agency Advisory Croupshilll be to: 1) provide ildvice ilnd counsel to the CEO BOilrd, Intergovernmental ,Council arid AgenCYl?irector in matters of Agency operational priorities.. policjes and procedures; 2)revic\v:ancl f\.>comincnd Standard Operatil1gProccdures:'iS()ps" to the Agency Director ior adopti()n by the Agency, and 3) provide mlvice and cou!'sel 19 the Agency Director in Ihedevclopment of the Agency's annual ,gperating budget. I, ,I H 6 ;1 :1 " I, I' I I, II II Ii I I 'I J Section 4.2 Usei'l\\1en<;y AdviwQ'Group Membership 4:2.1 User Agency Advisory Group membership shall be as outlined in the-Restatcd lGA, paragraph 5,a. 4.2.2 Seclion4.3 4.3.1 Each User Group representative member may allendand participate, subject to Restated IGA provisions and these Bylaws, all User Grollp l!'eetings, User Group Officers Pursuantto the RestatCl.:!,IGA, Paragraph 5. d., the User Group shall elect a Chair and, Via.....Chair, at the times and for the lerms specified thercin, The CEO ~oard may also create stich other officer position as may be deemed necessary from tim(! 19 time. !Article 5. , OFFICERSI SectionS.1 5.1.1 5.1.2 5.1.3 SeCtion 5.2 5.2.1 5.2.2 Section 5.3 5:3.1 5.3:2 CEO'Board .ind Coimcil Officers Officcrs of/he CEO Board shall be Ihc,Chair and ViccChair. Officers of the Council shall be the Chair, and Vice Chair. The CEO Board may alsocreate sllch other officcr position as may ,be deemed neccssary from time to tinie. Officer Terms For the CEO Board and Council, the term of/he Chair and Viee- , , Chair shall be as,sct forth inlhe Rcstated IGA. , ",' ,"," - . ." .-. EleCtions for the officcrs shall occur at the timcs and in the manner specified in the Restated IGA. Role of Chair and VieeChairlsl The'Chairshall preside over all meetings, In ihe Chai~'s absence; the Vice Chair shall'lrcside o\'erall meetings. 7 ;/ I' .1 , II 1,1 I !Article 6. DOTIES AND RESPONSIBILITIES: CEO BOAROJ ;COUNCIL, USER GROUP & DIRECTOR! I I' I I, , , , Section 6.1 CEO B()ard: Dllti~s andRL>sponsibilities 6.1.1 The CEO Board's duties and responsibilities shall be as sci forth in Paragraph 3, of the Restated IGA. ;, I I iI II Section 6.2, fnter\rovemmental Council: 'Duties and Responsibilities 6.2.1 'n1e Council's duties and responsibilities shall be as set forth in Paragraph 4. of the Restated (GA. Section ii;3 6.3.1 Section 6.4 6.4.1 User Ar;ency't\dvisOJ:Y Grollp: Duties and R~sponsibilities The Uscr Group'sdulies and responsibilities shall be as set forth .in Paragraph~. of the Rcstated IGA., II II I' II II II I I I I I ! I , I i I i I II . i I I I I 'Ag(m<;y Director: Duties and RL'Sponsibilities The Agency Director's duties and responsibilities shall be as set forth in Paragraph 6. of the Restaied [GA. fArti~i~7:'--"'''''''''''i1EETiNG'~ ' ' . Section ,7.1 5.cction 7,2 Meetings of the CEO Board shall be held at least quarterly in 'March, Junc, September, and .December at a time to be determined by.the Agency Director. Additional meetings may be helg as determined by the Agency Director or il majority of the CEO Board. Emergency medings of the CEO Board may bccalled by the C'EO Board Chair, as necessary. "" '"." , n. .# 8 I I , I I .1 Section 7.3 Section 7.4 Section 7;5 Meetings of. the Council shall beheld monthly on the second Wednesday of the m~nlh at.3:30p.m, Additional nlcctii1gs may be held as determined by t~eAgencyDirector or a majority of the Council Board. Emergency meetings of lheCouncil may be cailed by the Council Chair orJhl' Agency DireCtor; as !,\ecessary. The Use/Group shall meet at leasl qua rterly, and at a time and place designated by its members. a i ~ '1 !Arti~i~'8~"''''''''''U''oiDER'6F'BUSINES'~ Section 8.1 TIle Chair of the CEO Board or Council shal! callthc meeting to order and conduclbllsiness in accordance with the prepared agenda and Shlrgis Rules. . fArti~i~U9:""""''''''''MiN'iIT'E~ Section 9;1 Minulcsof al! Council, and CEO Board meetings,executive Sessions ('xcepted, will bcrccorded and a copy provided to each CouncihmdCEQBoard ineinbcr, as wel! as any requesting party, within a reasonable lime period afler tliespcci(icmecting. ;---:-.........".u"....._._..... .' HI 'Article 10. FISCAL YEA Section 10.1 'l11e Agency's fiscal year shall be (rom tI]e firstday ,of July of one year to the last day of June of the following year. 9 I :1 ;1 II II 1--------- !ArliClell. , Seelion 11.1 ---------- ~ STAFF ASSISTANt The Director, or designee; shall act as the Clerk of the Board for eacho( the Ageney's governing bodies and be responsible for pro\'iqing notices of ml',Ctingsand kl'Cpingof'rnihutcs,as r~quired by Oregon PUbli!= Records and ~lcctingsLa\vs, 1;"'.""..'........................7.,....---.....--.--......'.'................................'.---...'--..-, IArticle12. ADMINISTRATIVE DIRECTIVES I "... ~ . .' . . . . Section 12.1 12.1.1, Secti!>n 12.2 12.2.1 Section 12.3 12.3.1 Sectiori 12.4 l2.~.1 Contract Approval Authority Administrative direCtiws relating to contract approval authority shall be approved, by the Council ancI, CEO Boars! per Article 6, of these Bylaws. Other AdministraliveDiredives Poliey dircctiveshayitig t<:) do with I~gal, lab9r, finance ilnd human rcsourccsissues shall be drafted lJy'the Ageney 'Director, reviewed by the Council; and recommended to the CEO Board by ,lheCouncil as outlined in thesc,Bylaws, Prior AdministrativeDirectives AdmiIiiWalive directives approved prior to ihe adoption ohhese BylawsshaIl be assumed. to be "graridfathert.>d" into, the Ageney polkyframework unless said dir!-'~tives are requl'Slcd to be ' reviewed and lor reconsidcrcd by tl,c Council. CEO Board, 'C(iuricil or Agerii.,. Dircctor or if found to be inconfliel with the Restated lGAor tl)cseBylilws: Adminislraiive Directive Authority Atno time shall any Agency administrativedircclives exceed or ()therwise contr,adictthd authority of thc'CEOBoard. Council. 'U~rBoard, or Agent.)' Director as outlined in IheRcstated IGA II II 'I II -, 10 , ! 11 orBylaws.[f such dii-ectivesarefouridto l.!xist, these dirl.!ctivcs \\'ill be reconsidered by. the CEQBoard arid/or Couridlas appropri~te. (See als,! administrative directives/policies for eqlllpment Yl,!low). II " ;1 ]I i ~rti~l;l~'-"--BiIDGET,FINANCE AND EQUIPMENlj Section 13.1 ]3,1.1 13.1.2 13.1.3 13.1.4 13.1.5 13.1.6 Section 13.2, 13.2.1 . :i '1 iBudiiet PoliCies, Schedule and Process j I i 1 II II i I I I :nleCounci[shall annually adopla budget development schedule and budget policies to guide the de\'c1ophlent of each fiscal year~s budget. , Pursuant 10 the Council-adopted budget development schedule and budget policies, :the Agency will develop a proposed ilgeney budgl.!t for submiHi1l to the CEO Board for review and approval. 'llie proposed budget shall meet objectives as stipulated in the directives.foi finance and cilpital plans as identified,inthese BY]i1ws. , Ii II II II " I The Coundl,willrecommend action on the proposl.!dbudgetto the CEO Board. . ,TI1eCE0.Boardshallthen.forward,to each Ageney member. iln ildapted budget priorlo the beginning of the eilch fisc.al year, Public hearings iuid special Council ilnd CEO Board meetings shall be scheduled for the budget process as provided in the Coundl-ad(}pted budget schedi.tle, and'perLocal Budget Law and Public Records ilnd Meetings Laws requirements as appropriate. Fundin!: Formula ilnd Cilpitill Plan Adri1inistrative Directive~ I 'I I 1 I I Pursuant to the provisions of these Bylaws.. the Ag(!ney Director sh"lI draft and propose administrative directives for: 11 ~j Section 13.3 13:3.1 13.3.2 13.3.3 Section 13;4 13A.1 13:2.1.1 Documenting irTiplCl11entationprocedures for cn~ctmentof the ;'User Formula"to determine USl.'r Fees. 13.2;1.2 Identification ofaproressand,method for the revielv oUhe User FormiJla. 13,2.1.3 Identification of long-rangc large capital improvement plans. F\lOdin~, -the services of the Agenc)' shall be funded frorTi contributions from Agency members, including Ihe assignment of each Agency member's 9-1-1 excise taxes. The Agency's US-lgc of 9;1-1 excise taxes must be expended in accordance with the Agency 9-1-1 plan submitted ,to IllC State .OffiCe of Emergency Management (OEM). This plan is approved , . by all Aj:t>ney nllimb<'rs. User Formula contributions shall be paid in four (4) equal installments and due no laler thanJyly 10, October 10, January 10, and April 10 of each year. Equipment The CEO' Board-shall consider, a,lopt, and amend policies as i1Cci:led, relating to ownership and maintenance responsibilities for equipment necessary for the operation of the Agency.. Upon lldoption,ofsuch policies Il}' the CEO, Board, thCAgency Director shall cause them to be mailed t().each participatingjurisdidion's city manager or chief administrative officer, for purposes of revie\v and/or comment and objection. If no participating jurisdidion provides the Agency Director I"ith writlenobjections to thc p,olicics, within Ihirty (30) daysoftheir 111ailirig. it shall be assumed the policies arc acceptable to the AgenCy members and the policies shall be deemed effective asof that date: 12 13.4.2, , ]n the event ()f Agen('j dissolution, equipment and furnishings not identified forrcc:;turntq a particiPilting jurisdiction shall be . sold, in accordance,\\;ith applicable law, and the funds.from such sale distributed to the Agenc}',mem~rs in proportion to their . funding contribution to the Agency for the precedingthrec (3) year p<lriod. ' lArticle14. AMENDMENTS: 8YLAW~ Section 14,1 }4,1.1 14.1.2 l4,L3 14.1.4 Dated: Bylaws Amendments TIle Council, CEO Board or Agency Director may, as needed, propose amendments to these Byliiws to the Agency Director and then Council for rcviewand subsequenlrecommendation tothe CEO Board for consider.llion, approval and adoption. At nO,time shall these Bylaws or subscquentamendments. superscdeor otherwise conflict with the authority of the Restated IGA; in the evenl of an inadvertentcohflicl, the'Restated IGA .' . . . shall control. ,Other areas of the Bylaws,\vhich arc not specified by the Restated IGA shall be reviewed from time to lime by the Agency Director with a reporllothe C(luncil f9rconsidcralionofmodifications and eventual submission tl1theCEOBoard.for approyal. Changes to the adopted, Bylaws \vhich may rcsult'(rom a' modification tothe.Re'statcd IGA-will be considered by the Council, and fonvarde.d for approval tothc CEO Board., Jackson ,County' Dated; " , i Cityof Medford 13 Daled: paled: Daled: Daled: Daled: Dated: Dated: Daled: Daled: Daled: City of Cenlral Point City of Eagle Point CityofRogue River City of Jacksonville City of Bulle Falls Cily of Talent Cilyof Plioenix City of Ashland Rogue ~ivei Rural Fire ProleclionDislrict fl I l-t IJ Jackson County Fire District#~ Dated: Jackson County, Fire District #4 Dated: Jackson County Fire District #5 Dah~d: Jackson County Fire District #6 Dated: Jilckson Co,lIIity Fire District 1/9 Dilted: Prospect Rural Fire Protcction District Dated: Lake c:rcekRural Fire Protection District II , Da\ed: Grccn'springs Rural Fire Protection District Dated: Oregon Department of Fonislry 15 I I I II I , J~ -I :1 II I I I II II II " iJ II I: I: 'I I I II :1 I n 'I ,I :1 I H ,I II II I i I Dated:' Crilter L,ake NhtionaIl'ar'" Datcd: ,Southern Oreggn Univcrsity il I I I I 16 1 I , : I I I J r, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to the Disposal of Surplus Property May 18, 2010 Primary Staff Contact: Megan Thornton Legal E-Mail: thorntm@ashland.or.us Legal Secondary Contact: appicelr@ashland.or.us Martha Benn Estimated Time: 5 minutes Question: Should the City Council approve the First Reading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? Staff Recommendation: Staffrecommends Council approve the First Reading by title only and set the matter for Second Reading. Background: The City's policy regarding the disposal of surplus property is currently codified in AMC 2.50.127 as Exhibit B. The proposed ordinance would remove the policy from this location in the public contracting chapter and place it in a chapter 2.54, which is a newly created chapter specifically for these procedures. The section titles for many of the sections have changed; however, no substantive changes were made to the disposal process. ' Related City Policies: City Charter Article la, Ordinance adoption provisions Council Options: 1) Move to approve the First Reading and set the matter for a Second Reading. 2) Postpone consideration ofthe 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 1 ' ~.t. 1 ORDINANCE NO. AN ORDINANCE RELATING TO THE DISPOSAL OF SURLUS PROPERTY Annotated to show deletion& and additions to the code sections being modified. Deletions are bold ,., ., , and additions are bold underlined. WHEREAS, the disposal of surplus property is currently governed by Chapter 2.50 relating to public contracting; and WHEREAS, disposal of surplus property is a process that should be separated from public contracting and placed in its own chapter. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 2.54.010 [Disposal of Surplus and Abandoned Property] through 2.54.110 [Proceeds from Surplus Property] are hereby added to read as follows: 2.54 Disposal of Surplus Property 2.54.010 Disposal of Surplus and Abandoned Property. The City of Ashland Finance Department may transfer, trade, auction or sell surplus or abandoned property to other city departments, political subdivisions, state agencies, or non-profit organizations. However, the disposal of surplus property having residual value of more than $10,000 shall be subject to authorization by the Local Contract Review Board. 2.54.020 Definitions The following definitions apply to this chapter: A. "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder. B. "Cash" means U.S. currency, cashier's checks, and money orders made payable to the City of Ashland. C. "Employee's Household" means all persons residing with employee. D. "Employee's Immediate Family" means the children, step-children, parents, stepparents, grandparents and spouse of employee. E. "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement. F. "Not-for-profit organization" means a nonprofit corporation as defined in ORS 307.130. G. "Political Subdivision" means divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority. H. "Purchasing Agent" means the City Administrator or his or her designee. I. "State agency" means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid Ordinance No. Page 1 of4 wholly or in part from funds held in the State Treasury, and includes the Legislative ,Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices as defined in ORS 279A.250(4). J. "Surplus Property" means all personal property, vehicles and titled equipment property designated as surplus for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. 2.54.030 Surplus Property Offered to Government & Non-Profits A. Prior to offering surplus property for public sale, the Surplus Property may be made available by direct transfer or direct sale to the following: 1. Other City departments, 2. Political Subdivisions, 3. State Agencies, and 4. Any non-profit organization determined to be eligible by the Purchasing Agent. B. Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit organizations through direct sales or transfers must be used only in the conduct of their official public programs. C. Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre- approved by the Purchasing Agent. D. Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus property except at public sales. 2.54.040 Surplus Property Offered for Public Sale A. The Purchasing Agent must conduct public sales for the disposal of Surplus Property. B. Methods of disposal may include, but are not limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. 2.54.050 Conduct of Auctions and Sealed Bid Sales A. The Purchasing Agent must advertise the date, time and location of public auction or sealed bid sales. B. An Invitation to Bid must be available at the auction site of an auction or sealed bid sale. C. The public may inspect property offered for sale at the time and place specified in the Invitation to Bid; D. The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best interests of the City of Ashland; E. All items must be sold to the highest Bidder. All Surplus Property must be offered "As-Is, Where-Is" with no warranty or other guarantee as to its condition or fitness for use. A purchaser or disappointed Bidder does not Ordinance No. Page 2 of 4 have recourse againstthe City of Ashland or any of their respective officers, employees or agents. F. All sales must be final. 2.54.060 Eligibility A. Members of the general public may participate as buyers at public sales. B. No employee or volunteer of the donating Department and/or Purchasing, whether full-time, part-time, temporary or unpaid volunteer, or any member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for' sale. 2.54.070 Payment Full payment must be made within five (5) business days, unless otherwise specified in the Invitation to Bid. Payment must by made by cash, cashier's check or money order. The methods of payment, time limit for making full payment, and the place where payment must be made will be specified in Invitation to Bid. 2.54.080 Promulgation of Disqualifying Criteria by Resolution The Purchasing Agent may establish criteria to disqualify participants from surplus sales pursuant to this Chapter by Resolution. Such criteria may be based on: A. Conviction of fraud; B. Inappropriate conduct; C. Failure to claim purchases; or " D.' Other documented activities determined by the Purchasing Agent to warrant disqualification. 2.54.090 Claiming Items A. Items that are not paid for in full and claimed by the time specified in the Invitation to Bid will be offered to the next highest bidder. . B. Property paid for, but not claimed within the time specified in the Invitation to Bid must be considered abandoned and ownership must default back to the City of Ashland, unless prior approval is obtained from the City of Ashland Purchasing Agent. C. Title to the property sold will be transferred to the purchaser when payment is made in full. . D. An Oregon Motor Vehicles Division trip permits must be obtained to drive unlicensed motor vehicles that are purchased. The purchaser will be responsible for obtaining a trip permit and certifying that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. 2.54.100 Other Means of Disposal of Surplus Property A. With the prior approval of the Purchasing Agent, an authorized designee may transfer computers and related hardware that are surplus, obsolete or Ordinance No. Page 3 of 4 unused to a common or union high school district or education service district. The authorized designee may not charge the school district a fee for the transfer. B. The Purchasing Agent may recycle or otherwise dispose of property when the Purchasing Agent determines the value and condition of the property does not warrant the cost of a sale. 2.54.110 Proceeds from Surplus Property The Purchasing Agent shall determine what fund andlor funds will be credited with the proceeds received from the disposal of surplus property. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. 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 , 2010 and duly PASSED and ADOPTED this day of ,2010. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 4 of 4