The URL can be used to link to this page

Home My WebLink About2010-0601 Council PACKET CITY OF, ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 1, 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,] 6:30 p.m. Executive Session for consultation with Legal GDuncil pursuant to ORS 192.660(2)(h) 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 18, 2010 VI. ECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of Flag Day in Ashland? [5 Minutes] VII. CONSENT AGENDA [5 minutes} 1. Will Council approve the . ,issions, and Committees? 1\ 0 oJ", -8't Will Council approve a boratory services agreement 'th the Oregon Department of I'^^' C/ Environmental Quality f r reqUire es Ing e Bill 737 for potential contaminants that have been designated priority pollutant9- ________ V Does Council have any questions regardin\JJ.he aqreement hetweethCity and Parks approved for FY2010 tJudget at the February 8,2010 Joint Meeting or the updated agreement for FY2011? . 4. Will Council, acting as the Local Contract Review Board, approve a public contract to procure a new 2010 Altec 60' Bucket Truck ($195,495.00),"and declare the intended trade-in, Vehicle # 301,1997 Bucket Truck ($11,000.00) as surplus, for a total amount of $184,495.00? 5. Should Council approve continuance of First Reading of an ordinance setting the tax levy amount for Fiscal Year 2010-2011 from the June 1 to June 15 agenda? 6. Will Council, acting as the Local Contract Review Board, approve a contract-specific Special Procurement requesting approval to directly award a public contract for the specialized services of a graphic designer to create and provide interpretive materials for visitor services throughout the parks system? COUNClL MEEfJNGS ARE BROADCAST UVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.l!S ~Will Council approve an Interqovernmental Agreement with the Oregon Department of V Transportation to complete the Transportation System Plan update? 8. Will Council, acting as the Local Contract Review Board, declare the items listed on the attachment as surplus property and will the City Council authorize a sealed bid auction be , J conducted to dispose of the vehicles and equipment being declared surplus property? /1" Does Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue? 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 tD a subsequent meeting, or be extended to 9:30 p.m, by a two-thirds vote of council {AMC ~2.04.050}) None. IX. PUBLIC FORUM Business from the audience nDt included on the agenda, (Total time allowed fDr Public Forum is 15 minutes. The MaYDr will set time limits to enable all people wishing to speak to cDmplete their testimony.) [15 minutes maximum] X. FINISHED BUSINESS Should Council approv~econd Beadin~ of hree ordinances relating to the adoption of the SOU Masterplan? [5 Minutes] Please No(e: The Public ean and record for this itme are closed. No additional public comments will be accepted at this time. Additional materials for this item can also be found on the May 18, 2010 Council meeting agendas 2. Should Council approve First Reading of an ordinance titled, "An Ordinance Extending the City of Ashland Detail Site Review Zone for Consistency with the 2010 SOU Campus Master Plan"? [10 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Does the Council have questions about the status report on the Economic Development Strategy process and the upcoming proposed citizen involvement plan? [30 Minutes] XII. .oRDINANCES RESOLUTIONS AND CONTRACTS . V1. Should Council approv Secon eading of an ordinance titled, "An Ordinance Relating to ~reen Burials at City n and Amending AMC 2.64.160"? [5 Minutes] Should Council approv Second ading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? [5 Minutes] 3. Should Council approve First Readinq of an ordinance titled, "An Ordinance Establishing and Implementing a Program to Charge User Fees for the Deployment of Public Safety Services Rendered by the City of Ashland, Ashland Fire and Rescue"? [10 Minutes] XIII. UNFINISHED BUSINESS, PART 2 1. Does the Council approve the first reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map amendments? Please Note: The Public Hearing and record for this itme are closed. No additional public comments will be accepted at this time. Additional materials for this item can also be found on the April 6, 2010, May 4, 2010, and May 26, 2010 Council meeting agendas. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI.ILAND.OR.lIS ASHLAND CITY COUNCIL MEETING May 18, 2010 Page 1 017 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 18,2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7 :00 p.m. in the Civic Council Chambers. ROLL CALL Councilor Voisin, Navickas, Jackson and Chapman were present. Councilor Lemhouse and Silbiger were , absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted vacancies on the Historic, Planning, Housing and Tree Commissions. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Regular Meeting minutes of May 4, 20 I 0 were approved as presented, ( , The Mayor and Council discussed delaying two items on the agenda pertaining to the adoption ofthe Southern Oregon University (SOU) Campus Master ptan and the recommendation for the Compensation Class Study. The decision retained the SOU Campus Master Plan and delayed the Compensation Class Study. SPECIAL PRESENTATIONS & A WARDS 1. Mayor Stromberg's Proclamation of Craft Beer Brewers week was read aloud. 2. Does Council accept the final report and recommendation of the Public Safety Bond Committee. Management Analyst Ann Seltzer presented the staff report and introduced Chair Don Mackin and members of the committee, Mr. Mackin noted how well the group worked together and thoroughly evaluated each proposed project. He stated the Committee found there was a valid need to replace Fire Station #2 and that it had reached a critical tevel. They unanimously agreed on the expansion and improvement efforts for the Police Station and that it should be a top priority. The committee noted a more cost effective option was relocating the Police Department to The Grove. The committee recommended the following: . Move forward with a General Obligation Bond election in May 20 II for Fire Station #2 in an amount not to exceed $3million . Move forward with a Bond in a future election for the Police Station . Consider using The Grove for the Police Station . Seek other resources for a ladder truck and training tower for Fire Department . Ms. Seltzer stated the architect had evaluated parking needs if the police station should move to The Grove. Comment was made that the Finance Department was designated for The Grove in the Facility Master Plan. Staff explained for the long-term Finance would remain at City Hall. If the Police Station moved to The Grove, the Information Technology Department would use the space vacated by the Police Department. Additionally, concern was raised regarding the lack of funding for a Fire Inspector. Mr. Mackin explained that the architect provided potential costs and options for savings to the Committee. The proposal for Fire Station #2 was for a steel building rather than a wood building. Ms. Seltzer further explained the architect scated back the project using the existing footprint in order to apply for Stimulus Money the City did not receive, City Administrator Martha Bennett clarified that the original project was ASHLAND CITY COUNCIL MEETING May 18. 20/0 Page 2 of7 significantly scaled back and designed for the long-term and would require tess maintenance cost. She atso noted there has never been "sinking funds" for the tadder truck. Councilor JacksonlNavickas m1s to accept the report and recommendations of the Pubic Safety Bond Committee and direct staff to prepare an imptementation plan for Council review at a future meeting, targeting May 2011 for a ballot measure for Fire Station No.2 as recommended. DISCUSSION: Council thanked the Committee for their effort and work. Roll Call Vote: Councilor Jackson, Voisin, Chapman and Navickas, YES. Motion passed. Mr. Mackin stated that the Committee has offered to help in preparing the implementation of the General Obligation Bond for Fire Station #2. CONSENT AGENDA 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, 201O? 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, 201O? Councilor Voisin/Jackson m1s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Gary Miller/ Access-3630 Aviation Way, Medford/Introduced himself as the Executive Director for Access and provided an update on the services Ashtand r~sidents received in 2p09. Family and Senior Services provide eviction prevention, housing the homeless, rental and energy assistance and had assisted] 5 households in Ashland. The Access Housing programs ranging from housing counseling to weatherization helped 29 families in Ashland during 2009, Through Access Food Share, 236 household received food assistance. Access also provides free use of medical equipment, crutches, wheel chairs, etc, to individuals. Another program is Access Junior Achievement on financial literacy for children Kindergartin-l2'h grade that 55 students from Ashland participated in 2009. Access receives 70% of their funding through Federal Funds and the remaining comes from property fees and fund raising, UNFINISHED BUSINESS I. Will Council authorize staff to implement the recommendations for the non-represeuted employees found to be more than 5% below market in a recent study? [20 Minutes) Item delayed due to the absence of Councilor Lemhouse and Silbiger. 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)? Public Works Director Mike Faught presented background inforination regarding the bid process for the LID. He stated the lower bid was a $37,]21.25 reduction from the previous estimate. Staff was confident the low bid woutd not generate future change orders. ASHLAND CITY COUNCIL MEETING May 18, 2010 Page 3 of7 Councilor Chapman/Jackson m/s 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. DISCUSSION: Councilor Chapman noted that staff had reduced the amount over the cap the City was responsible for from $30,000 to $7,500, Councilor Jackson commented on the process and staff's invotvement with the property owners. Roll Call Vote: Councilor Chapman, Navickas, Voisin and Jackson, YES. Motion passed. 3. Does Council wish to adopt the SOU Campus Master Plan update and approve First Reading ofthe three implementing ordinances? '\ Abstentions. Conflicts. Exparte Contact Councilor Voisin declared a conflict of interest and requested Council to recuse her from the discussion. Councilor Jackson/Chapman mls to recuse Councilor Voisin on this item. Voice Vote: all A YES. Motion passed. . Councilor Voisin left the meeting at 8:01 p.m. Community Development Director Bill Molnar presented the staff report and explained the three ordinances for the Southern Oregon University (SOU) Master Plan. One incorporated the SOU Mater.Plan into the Comprehensive Plan. The second ordinance would update the Land Use Section Chapter 18,64 SOU Zoning District referencing the new SOU Master Plan as the guiding document for the next 10 years. The third ordinance modified the actual zoning district boundary to ensure onty properties under the ownership of SOU or controlled by SOU were within the boundary of the zoning district. This ordinance removed seven properties privately owned from the SOU boundary and returned them to adjacent residential zoning, Staff requested an additional motion for an ordinance that would apply the detailed site review zone overlay to the area between Walker A venue and Wightman Streets for the proposed multi-story mixed-use project. Mr. Molnar clarified the normat process for a housing project included a site review approval that applied the City's design standards for multi-family housing. SOU is bond by the same process. Because the projects are within 50 feet ofprivatety owned propertY, it also triggers a Condition Use Permit (CUP) requiring additional review. SOU proposed eleven additional standards for the housing projects as well. City Attorney Richard Appicello read the ordinance title amending the Comprehensive Plan to adopt and incorporate the SOU Master Plan atoud. Councilor JacksonlNavickas mls to approve first reading and move to second reading the Ordinance amending Ashland Comprehensive Plan to adopt and incorporate the updated SOU Master Plan. DISCUSSION: Roll Call Vote: Councilor Jackson, Navickas and Chapman, YES. Motion passed. Mr. Appicello read the ordinance title amending Chapter 18.64 to reference the SOU Master Plan aloud, Councilor Chapman/Jackson m/s to approve first reading the Ordinance amending 18.64 to reference current SOU Campus Master Plan and move to second reading. Roll Call Vote: Councilor Jackson, Navickas and Chapman, YES. Motion passed. Mr. Appicello read the ordinance title amending the Ashland Zoning Map aloud. Mr. Molnar was not sure how the City Zoning Map included private properties in the SOU zoning area, The maps were created in the early 1980's and updated by hand. The properties could have been mistakenly included in the boundary. The GIS technology the City uses today reduces the margin for error substantially. ASHLAND CITY COUNCIL MEETING May 18, 2010 Page 4 of7 Councilor Navickas/Jackson m/s to approve first reading of Ordinance amending 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 and move to second reading. Roll Call Vote: Councilor Jackson, Navickas and Chapman, YES. Motion passed. Councilor Voisin returned to the meeting at 8:21 p.m. Mr. Appicello stated the fourth ordinance for SOU regarding the detailed site review zone would be available at the June I, 20 I 0 meeting. NEW AND MISCELLANEOUS BUSINESS l. Will Council accept the report ofthe Police Chief on crime in Ashland and the use offorce by the Ashland Police Department? Police Chief Terry Holderness presented the staff report that showed an ovemtl decrease in crime during 2009, In 2009, there were 31 incidents of Use of Force, all considered low forms of physical force where Tasers and pepper spray were not used. Part One Crimes, tracked by the Federal Bureau of Investigation (FBI) include Homicide, Rape, Robbery, Aggravated Assault, Auto Theft, Larceny and Arson. There was a 20.3% reduction in 2009. The Ashland Police Department (APD) experienced a 37% clearance rate and the national average is 23%- 24%. Chief Holderness explained Incidents Related to Disorder address how safe people feel in their neighborhood and that data is collected by tracking the number of calls the APD receives regarding fighting and drug activities. Last year call volume decreased 24%. Domestic violence was not included in this category because it is genemtly not a reportable crime, Statistics for All Crime include crimes the APD would not have been aware had they not taken proactive action, like drunk driving, showed an overall 27% decrease. During 2009, there were seven reported rapes, down from II in 2008. The legal definition of rape is sexual penetration, anything less is sexual assault. The APD worked 22 cases involving sexual assault in 2009. US Department of Justice statistics show that only lout of every 7 -10 rapes are reported and for a college town the size of Ashland there is more likely 50 unreported rapes a year. The Police Department currently provides annual programs to seventh graders at the Middle School on binge drinking and sexual assault. A future goal when resources permit is an internet victim program for High School students. Philip Lang/758 B Street/Submitted and read a statement on an alleged incident of excessive use of force he encountered with one Medford and two Ashland Police officers after his partner's death that resutted from medical care she had received from Rogue Valley Medical Center. Charges brought against him due to the incident were dropped prior to going to trial. He noted there were many incidents where APD Officers were abusive and violent and was concerned that officers were not required to fill out incident reports for all their involvements with citizens. He encouraged the Mayor and Council to request a detailed report regarding police activities that included how the civil rights of citizens were respected and protected, Chief Holderness clarified the total for use of force encounters applied to any incident and officers are required to fill out a report anytime they use physical force, However, reports are not required every time they contact someone. He went on to describe the harassment training all officers receive during basic training at the academy, In 2009, APD went thr!lugh crisis intervention training, Ongoing training includes monthly tests on appropriate use of force with hands on training occurring twice a year. Chief Holderness was aware of the claim Mr. Lang filed with the City but had not met with Mr. Lang directly. When a format complaint occurs, the Police Department assigns a Lieutenant or Deputy Chief to investigate the claim and interview all involved parties. The Lieutenant or Deputy Chief presents the investigation to ASHLAND CITY COUNCIL MEETING May 18, 2010 Page 5 of7 Chief Holderness who determines if a policy viotation occurred. If there was a violation of Oregon State Law, the Oregon State Police Department investigates the criminal aspect followed by an internal investigation by the APD. In Mr. Lang's case, the officer in question left the department shortly after the alleged incident. City Attorney Richard Appicello further eXplained Certified City County Insurance Services (CCIS) investigated the case, denied Mr. Lang's claim and closed the file. Councilor Navickas stressed the need for strong training for officers not to respond to the person they are arresting and remain professional. Chief Holderness responded that in his history as an officer the APD has shown more restraint than other agencies regarding arrest tactics, Councilor V oisinlChapmau m/s to accept the report as presented. Roll Call Vote: Councilor Voisin, Jackson, Chapman and Navickas; YES. Motion passed. ' 2. Does Council have questions regarding staffs proposal to administratively approve a twelve month extension to the RVTD/City of Ashland Reduced Fare Program Agreemeut? Public Works Director Mike Faught provided the history on the fare reduction and bringing Route 5 back. The anticipation was an increase in ridership when actually a 13,82% decrease in ridership occurred. There was not sufficient data to determine the reason for low ridership. Speculation attributed the decline to the decrease in fuel costs. Feedback from riders indicated a dislike in the direction Route 5 travelled. Originally, Route 5 traveled in the opposite direction of Route 15, Since its reinstatement, it travels in the same direction as Route 15. Citizens have suggested reversing Route 5 and staff agreed. Council expressed concern on continuing the contract due to the high cost to the City and discussed removing the fare reduction or the extra route and using those funds to subsidize the fare further. Councilor Jackson/Navickas m/s to direct staff to extend the RVTD/City of Ashlaud Reduced Fare Program Agreement as proposed by staff and reverse Route 5 direction. DISCUSSION: Councilor Jackson was frustrated with the transit service, recognized that riders need access to the rest ofthe valley and that the City cannot afford to subsidize it. She would support it this year but the system needed to improve and be consistent. Councilor Chapman was also frustrated and noted that two years ago the City spent $100,000 for a professional opinion on how to improve transit. Last year R VTD guaranteed increased frequency would result in an increase in ridership but this report countered that information. He would reluctantly support the motion and stressed the need for a solution by next year. R VTD cannot provide the service the City requires. Councilor Navickas supported the motion because of the consistency and thought there would be an eventual increase in ridership. Councilor Voisin explained ridership would change when the Transportation Plan was complete and did not support the motion. She suggested removing the loop service and using the $149,000 to support current riders, Roll Call Vote: Councilor Chapman, Jackson and Navickas, YES; Councilor Voisin, NO. Motion passed 3-1. 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"? City Attorney Richard Appicello read the ordinance title aloud and noted a typographical error. He also read the following suggested language to Section 1. 2.50.020 Purpose: "The City shall endeavor to utilize local suppliers of materials and services whenever practical and feasible while seeking to obtain the lowest. and best responsible bid, quotation or proposal." Matt Small/385 Cherry LanelReferred to a letter he submitted to the record supporting hiring local businesses. The ordinance would give the City an opportunity to ensure City contracts go to local businesses. He encouraged Council to support it and thought the additional tanguage utilizing local business was ASHLAND CITY COUNCIL MEETING May 18, 2010 Page 60f7 reasonable, Staff clarified for purchasing "stuff' and capital construction projects the City was required under State law to take the lowest responsible bid. This ordinance applied to Personal Services Contracts only and would increase flexibility for those contracts. The primary purpose for public contracting laws is to promote open and impartial competition. Staff exptained the pre-qualified pool consisted of advertising annually for a Request for Proposal (RFP) for the pre-qualified pool. It would limit the RFP process and provide the City with several qualified vendors to initiate the biding process when needed. It costs the City approximately $7,000 for each RFP in staff time and advertising. The process can take anywhere from two to five months. It was noted that currently half of the 14 contracts established with the City were local businesses. Council and staff discussed the viability of having periodic reports on the number of Personal Service Contracts with the total dollar amounts and how many were within the Rogue Valley. A suggestion was made to reduce the limitation amounts from $75,000 to $50,000 to increase transparency. Council directed staff to delete 2.50.120 Personal Services Contracts (I) Class Exemptions. Mr, Appicello read changes to ordinance that would remove 2.50.120 Personat Services Contracts (I) Class Exemptions. Councilor Chapman/Jackson mls to approve Ordinance #3013 as amended. Councilor N avickasN oisin m/s to amend the motion to reduce the limitation on Personal Services Contracts from $75,000 to $50,000 through out the ordinance. DISCUSSION: Councilor Navickas explained the amendment would address issues with transparency and allow Council to track more contracts. Councilor Chapman supported retaining the amounts of$35,000 to $75,000 and thought lransparencycould be achieved through reports. Councilor Jackson would not support the amendment because of the compression, Roll Call Vote: Councilor Navickas and Voisin, YES; Councilor Chapman and Jackson, NO. Mayor Stromberg broke the tie with a NO vote. Motion denied 2-3. Roll Call on original motion: Councilor Navickas, Voisin, Chapman and Jackson, YES. Motion passed. 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"? City Attorney Richard Appicello read the ordinance title aloud. Maintenance Safety Supervisor Mike Morrison explained in the past vaults were required in an effort to eliminate potential issues of soil sinking and settling. Soil settling now was a manageable concern that staff could handte without using vaults. Councilor JacksonlNavickas m/s to approve first reading and place on agenda for second reading of Ordinance. Roll Call Vote: Conncilor Jackson, Navickas, Voisin and Chapman, YES. Motion passed. 3. Shoutd Council approve First Reading of an ordinauce titled, "An Ordinance Ratifying the Emergency Communications of Southern Oregon Intergovernmentat Agreement and Declaring an Emergency"? City Attorney Richard Appicello read the full ordinance and the title for second reading aloud. Clarification was made that the emergency clause was necessary in order to continue 911 services. The new agreement would go into effect before the City could have two full readings and the 30-day wait for the ordinance to go into effect. Councilor Chapman/Jackson m/s to declare an emergency to enact the ordinance. Roll Call Vote: Councilor Voisin, Navickas, Jackson and Chapman, YES. Motion passed. ASHLAND CITY COUNCIL MEETING May /8, 2010 Page 70f7 Councilor Chapman/Navickas m/s to approve first and second reading of Ordinance #3012. Roll Call Vote: Councilor Voisin, Navickas, Chapman and Jackson, YES. Motion passed. 4. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? City Attorney Richard Appicello read the ordinance title aloud and explained it was a companion to the Public Contracting ordinance, Councilor ChapmanNoisin m/s to approve first reading and place on agenda for second reading. Roll Call Vote: Councilor Chapman, Voisin, Navickas and Jackson, YES. Motion passed. ADJOURNMENT Meeting was adjourned at ]0:]5 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes May 5, 2010 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER - REGULAR MEETING. 5:00 pm Historic CommissiDners Present: Terry Skibby, Alex Krach, Keith Swink, Sam Whitford, Allison Renwick, Henry Baker Commission Members Absent: Dale Shostrom, Tom Giordano Council Liaison: Russ Sibilger HiQh School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Derek Severson; Cleric Billie Boswell APPROVAL OF MINUTES Mr, Whitford moved to approve the April 7, 2010 minutes as presented and the motion was seconded by Mr. Baker. Mr. Swink abstained due to being absent. The minutes were approved unanimously by the remaining Commissioners, PUBLIC FORUM: There being no one wishing to speak, Chairman Shostrom closed the Public Forum, NEW BUSINESS: A. Housing Type Assessment Update - Pat Acklin, SOU. Ms, Acklin provided an update to the Housing Type Assessment study being done by her class, The students identified 15 study areas throughout the City by era developed and divided them up between themselves. The students cataloged each study area by the predominate architectural styles and did a Powerpoint presentation with graphs and pictures to the Historic Commissioners. Ms. Acklin shared that after the results were finalized by Tom Hubka, they would be compiled into a book and would also show examples of "good' and "bad' remodels. The Commissioners were very impressed by the presentation and asked if they could receive a copy when the book is completed, PUBLIC HEARING: PLANNING ACTIONS: 2010-00218 SUBJECT PROPERTIES: 635 SiskiYDU Blvd. APPLICANT: Helen Larson Trust / Steven Larson DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a two-unit Traveler's Accommodation (including an owner's unit plus one guest unit) for the prDperty located at 635 Siskiyou Blvd. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R.2; ASSESSOR'S MAP#: 391E 09 DB; TAX LOT: 14600 Chairman Shostrom revealed he had worked for the owners to design a previous remodel but felt he could fairly review this project. There were no objections from the other Commissions nor from the applicants or the audience. Chairman Shostrom confirmed there were no ex parte contacts or any conflicts of interest among the remaining Commissioners. Mr, Severson said the home had previously been a Traveler's Accommodation until 2002 when it was converted back to a single family residence. Mr, Skibby asked about changes and there will be no changes to the exterior, landscape or driveway. The owner, Steve Larson, explained that they were trying to defray costs in order to keep the home in the family. Mr. Watkins asked the owner about signage and was told it would probably be mounted on the railing in the front of the house and would be designed to match. Mr. Skibby related that there originally was a bay window that was removed when the house was moved to its current location. There being no further questions and no one in the audience to speak, the public hearing was closed. Mr, Whitford made a motion to recommend approval of the project as presented. Mr, Baker seconded the motion and it was approved unanimously. OLD BUSINESS: Ashland Historic Commission Minutes 5/26/2010 CIT.Y OF . ASHLAND A. Historic Preservation Week ("Old is the New Green" May 9-15~) - Ms. Boswell updated the Commissioners on the Open House. Adam Hanks is working with the Chamber of Commerce to coordinate their plan for open houses with ours. We are hoping to get a list from them soon to create a brochure. The Award ceremony is confirmed to be held at the Community Center on Tuesday, May 11 ~ at noon. We have the room from 11 :30 - 2:00 pm, Ms, Boswell reminded the Commissioners to get their "blurbs" in by the end of the week, Ms. Boswell agreed to write up the blurbs for the 3 authors. Terry agreed to get pictures submitted by April 26, 2010. Ms. Boswell agreed to write up the blurbs for the 3 authors. B, Review Board Schedule Te Te Te Te Te C, Project Assi nments for Planning Actions - No oroiect assionments were made. BO-2007-01764 160 Helman (Batzer-Comm BldgillExnires 5/26/101 Shostrom/Giordano PA-2007-01939 175 Lithia Wy (formerly 165 Lithia) Archerd & Oresner-Mixed Use Bldg - (Expires 7/25/10) Renwick BO-2009-01288 165 W Fork - New SFR on hillside (Ashley Jensen) (Pennit ready to issue) SwinklShostrom BO-2009-00711 568 E Main St (McKechnie) Cucina Biazzi enclosed dining area (Permit approved-nol issued; eXDires 8/10/10. \ SkibbV PA-2009-00551 426 A St (Sidney Brown) Mixed Use Bldg (No pennit vet; expires 8/28/10) Giordano BO.2009-01226 155-157 Sixth St (Renwick) Addition (under construction) Whitford PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear (No permit yet; expires 8/27/10.! Swink PA-2009-01520 163 N Pioneer lIntatto Coffee) Coffee shoo & roaster lundereonslruelion! Shostrom PA-2010-00069 175 N Pioneer (Deli) Terrell Shostrom DISCUSSION ITEMS: A. CLG Grant Update - Mr, Severson said the request for the grant to update the Historic Oesign Standards for $15,360 will go to City Council on April 20, 2010, B. Mr. Watkins informed the Commissioners that he is not renewing his position on the Historic Commission and that this was his last full Commission meeting. He would do the Review Board on April 15lh, Several Commissioners thanked Jim for his participation and contributions, Ms, Renwick said she was aware of a neighbor who may be interested in joining the Commission and would let her know of the opening, C, Gun Club Lease - Mr. Whitford asked about the 1-year lease extension granted to the Ashland Gun Club by the City Council. Mr, Severson said it allowed further environmental studies for contamination, He also said that Public Works had contacted the Gun Club about the debris buming issue and they won't do it again. It was recommended that George Kramer help to design information signs to be put up. ADJOURNMENT It was the unanimous decision of the Commission to adjoum the meeting at 6:55 p,m, ( Ashland Historic Commission Minutes 5/2612010 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Lab Services Agreement with the Oregon Department of Environmental Quality (DEQ) June 1,2010 Primary Staff Contact: Public Works/Wastewater E-Mail: Finance Secondary Contact: Martha Benne Estimated Time: Mike Faught faughtm@ashland.or.us David Gies Consent Question: Will the Council approve a laboratory services agreement with the Oregon Department of Environmental Quality for required testing under Senate Bill 737 for potential contaminants that have been designated priority persistent pollutants? The agreement, which expires on June 30, 2011, will cover testing of two sets of samples for a one time cost of$14,550.00. Staff Recommendation: Staffrecommends that the Council approve a lab services agreement with the Oregon Department of Environmental Quality to test for the 118 identified priority persistent pollutants, and authorize the City to pay the one time $14,550.00 cost. Background: In 2007 the Oregon Legislature passed Senate Bill 737 which requires Oregon's 52 large municipal wastewater treatment plants to develop plans by 2011 for reducing priority persistent pollutants through pollution prevention and toxics reduction. Historv Many Oregonians are concerned about the health of Oregon's rivers and people who use them. There is a growing concern about persistent pollutants that come from a wide variety of sources that linger in the environment and have a documented effect on human health, wildlife and aquatic habitat. Our communities use and dispose of literally thousands of chemicals resulting from manufactured goods we use and consume, choices we make in our daily routines, and products available at stores around the state. Many of these chemicals end up in our aquatic systeqls, such as rivers, where they persist and travel up through the food chain, in some cases having ongoing impacts to humans and the environment. To date, Oregon has not comprehensively evaluated which of these pollutants should be a priority for strategic action. The 2007 Oregon Senate Bill 737, required DEQ to consult with all interested parties by June 2009 to develop a list of priority persistent bioaccumulative toxics (Priority Persistent Pollutant List) that have a documented effect on human health, wildlife and aquatic life. DEQ's Final P3 List identified 118 persistent pollutants, divided into two categories that persist in the environment or accumulate in animals. All of the pollutants on the list have potential to cause harm to human healtp or aquatic life if they get into the water and thereby have the potential to pose a threat to Oregon's waters. Some are known carcinogens, and others are thought to disrupt endocrine functions, Page 1 of2 ~ ~.l' CITY OF ASHLAND The list includes both well-studied pollutants that people have worked to reduce for many years, and those for which little information exists. The 52 largest municipal wastewater treatment plants will begin testing their effluent for priority persistent pollutants, These sampling efforts will enable municipalities to determine whether any of the trigger levels have been exceeded and if so, prepare and submit reduction plans by the July 2011 deadline. DEQ is working with municipalities to plan coordinated sampling and analysis. Due to the complexity of many of these identified pollutants not all laboratories are able to test for them. This agreement is between the City of Ashland and the Oregon State Department of Environmental Quality's laboratory to test for the identified constituents. DEQ notified the City of Ashland, dated March 10, 2009 that they were going to require that two sets of samples be taken. The cost for each set will be $7,275.00 for a total of$14,550.00. The first sample is slated to be taken in July of this year (2010). The second has not been determined yet. Funding for this testing has been included in the 2010-11 budgets, Related City Policies: The Council established policy for approval of IGA's and requires that the original IGA be approved by Council and that subsequent renewals may be approved by the City Administrator, Council Options: . The Council may approve or reject the attached lab services agreement with the Oregon Department of Environmental Quality, Potential Motions: . Move to approve the attached lab services agreement with the Oregon Department of Environmental Quality . Move to delay or deny approval of the lab services agreement with the Oregon Department Df Environmental Quality Attachments: . Lab Services Agreement Page 2 of2 ~~, DEQ Agreement # R020-10 LAB SERVICES AGREEMENT Analysis of P3 List Compounds This Agreement is between the City Of Ashland (City), and the State of Oregon, acting by and through its DeDartment of Environmental QualllY (DEQ). City Contact Data DEQ Contact Data City Contact: Terry Ellis DEQ Contact: Greg Pettit City Of Ashland Dept Environmental Quality 90 N Mountain Ave Laboratory & Environmental Assessment Division Ashland OR 97520-2014 3150 NW 229~ # 150 Hillsboro OR 97124 Phone: 503-693-5705 1. Background The 2007 Oregon Legislature passed Senate Bili 737 (SB 737). SB 737 directed DEQ to compile a prioritized list of persistent poliutants in Oregon waters. DEQ developed a prioritized list (P3 List) that includes 118 persistent poliutants. SB 737 requires that by Juiy 1, 2011 the 52 largest waste water treatment plants in the state must develop plans for reducing the persistent poliutants and effluent sampling is needed. Commercial anaiytical capabilities are not readily available for many of the compounds on the list The DEQ Laboratory has acquired the analytical capabilities to analyze for these compounds as a result of its ongoing toxics monitoring programs. This Agreement outlines the process and requirements related to the DEQ's analysis of water quality samples submitted by or on behalf of the City for the persistent pOliutants included on the P3 List 2. Authority DEQ has authority under ORS 468.035 (l)(b) to conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state, and under ORS 468.035 (l)(d) may enter into contracts necessary to carry out those purposes. 3. Effective Date and Duration This Agreement is effective on the date of the last required signature. Unless earlier terminated or extended, this Agreement expires June 30. 2011. 4. Statement of Work DEQ wili conduct laboratory anaiysis on 2 sets of water samples (Samples) submitted by or on behalf of the City. The Sample coliection and analysis must comply with the requirements outlined in the Quality Assurance Project Plan and Sampling and Analysis Plan approved by DEQ. The Samples must be submitted to the DEQ Laboratory at 3150 NW 229~ Avenue Suite 150 Hilisboro OR on dates and times determined in advance by DEQ. The dates and times for the Sample submittals will be included in the Quality Assurance Project Plan. DEQ will submit an Analysis Report to the City for each set of Samples submitted to the DEQ within sixty (60) days of DEQ's receipt of the Samples. 5. Consideration DEQ wili submit invoices to the City after issuance of each of the Analysis Reports. The City wili pay DEQ $5,975 for the first Sample set submitted and anaiyzed by DEQ within 30 days of receipt of an invoice. The City will pay an amount not to exceed $6,975 for the second Sample set submitted and analyzed by DEQ within 30 days of receipt of an invoice. The maximum, not-to-exceed compensation payabie to DEQ under this Agreement is $13,950. 6. Agreement Documents This Agreement consists of this document and the attached Exhibit A. 7. Amendments The terms of this Agreement may not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. If the maximum compensation amount is increased by amendment of this Agreement, the amendment must be fuliy effective before DEQ performs work subject to the amendment No payment wili be made for any services performed before the effective date or after the expiration date of this Agreement 8. Termination This Agreement may be terminated by mutual consent of both parties, or by either party upon 30 days written notice to the other party. This notice may be transmitted in person, by mail, facsimile, or EmaiL If this Agreement is terminated under Section 8, the City must pay DEQ for authorized work performed but not yet paid. 9. Funds Available and Authorized The City certifies at the time the Agreement is written that sufficient funds are avaiiable and authorized or wili be available and authorized for expenditure to finance costs of this Agreement DEQ understands and agrees payment of amounts under this Agreement is contingent on City receiving appropriations, iimitations, aiiotments or other expenditure authority sufficient to allow City, in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement 10. Captions The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this Agreement 1 11. Compliance with Applicable Law. DEQ will comply with all federal, Oregon, and local laws, regulations, rules, orders and ordinances applicable to this agreement 12. No Third Party Beneficiaries. The State of Oregon and the City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement The City and DEQ are intended beneficiaries of the terms of this Agreement 13. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular provision held to be invalid. 14. Survival. Sections 5, 8 and 13 of this Agreement shall survive termination or expiration of this Agreement 15, Merger Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDiNG THIS AGREEMENT. ALL PARTIES, BY THE SIGNATURE BELOW OF THEIR AUTHORIZED REPRESENTATIVES, HEREBY ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREESTO BE BOUND BY ITS TERMS AND CONDITIONS. '~~iL~ Printed Name I Title: ~ . >~I b~/o Date fUtu.t~ Approved by DEQ: s/2-d to Greg Pettit 2 EPA 1694 Chlordane, trans- DDD,4,4'- DDE,4,4'- DDT, 4,4'- Dieldrin Endrin Heptachlor Heptachlor epoxide Hexachlorobenzene fHCBl Hexachlorocyclohexane, alpha- Hexachlorocyclohexane, beta- {ED} Hexachlorocyclohexane, gamma- fLindane 1 Isodrin Mirex Nonachlor, cis- Nonachlor, trans- Oxychlordane, sin~le isomer Trichlorophenol, 2,4,5- Trichlorophenol, 2,4,6- Pendimethalin Roxithromycin Pimozide Triclosan f2,4,4'-trichloro-2'-hydroxydiphenyl etherl Galaxolide [HHCB] Tetrabromobisphenol A [TBBPA] Fipronil Linuron Diethylstilbestrol (ED} Sitostanol, beta- [Sti~mastanoIlIED} Sitosterol, beta- (ED} Cholesterol Coprostanol 2,3,7,8-TCDD las TEQ} Perfluoroheptanoic acid rPFHpA 1 Perfluorononanoic acid IPFNAl Perfluorooctane sulfonamide fPFOSAl Pertluorooctane sulfonic acid fPFOSl Perfluorooctanoic acid fPFOAl PBDE-047 [2,2',4,4'- Tetrabromodiphenyl ether1 PBDE-099 [2,2' ,4,4' ,5-Pentabromodiphenyl ether] PBDE-lOO [2,2' ,4,4' ,6-Pentabromodiphenyl ether] PBDE-153 [2,2',4,4'.5,5'-hexabromodiphenyl ether] PBDE-209 fdecabromodiphenyl ether] Musk indane Musk ketone Musk tibetene Musk xylene Cyclopentasiloxane, decamethyl- fD51 Cyclotetrasiloxane, octamethyl- fD41 Dinoseb PCB-028 [2.4,4'-trichlorobiphenyll PCB-052 [2,2',5,5'-tetrachlorobiphenyIl PCB-On [3.3',4,4'-tetrachlorobiphenyll PCB-081 (3,4,4',5-tetrachlorobiphenyl) PCB-lO 1 [2,2',4,5,5'-pentachlorobiphenyll PCB-105 [2,3,3',4,4' -pentachlorobiphenyIl PCB-114 [2.3,4,4',5-pentachlorobiphenyll PCB-118 [2,3',4,4'.5-pentachlorobiphenyl] PCB-123 f2',3,4,4',5-pentachlorobiphenyll PCB-126 [3,3',4,4' ,5-pentachlorobiphenyIl PCB-138 [2,2',3,4,4',5'-hexachlorobiphenyll PCB-i53 [2,2',4,4',5,5' -hexachlorobiphenyll PCB-l 56 f2,3,3 ',4,4',5-hexachlorobiphenyIl PCB-I 57 [2,3,3 ',4,4',5' -hexachlorobiphenyll PCB-167 [2,3',4,4',5,5' -hexachlorobiphenYIl PCB-169 [3,3',4,4',5,5' -hexachlorobiphenyll PCB-180 [2,2',3,4,4',5,5'-heptachlorobiphenyl] PCB-189 [2,3,3',4,4',5,5' -heptachlorobiphenyl] Bis (tributyltin) oxide [TBTO, hexabutyldislannoxane] EPA 1694 Nee EPA 8321 EPA 1698 EPA 1613 EPA 537 EPA 1614 GCIMS GCIMS SM 6640 EPA 1668 EP A 8323 4 EXHIBIT A LAB SERVICES AGREEMENT Analysis of P3 List Compounds DEQ will approve a Quality Assurance Project Plan (QAPP) and a Sampling and Analysis Plan (SAP) for the sample collection and analysis prior to sample collection. The QAPP specifies the methods by which the samples will be collected, submitted, and analyzed; the specific quality assurance procedures including duplicate samples, field blanks, matrix spikes and other quality assurance samples that may be analyzed to validate and characterize data quality; the data quality objectives, and the procedures for data quality review. The target list for analytes and the proposed methods for analyses to be included in the QAPP is included below. Changes to the list may be made as a result of method validation results. The approved QAPP will include the final list of analytes and methods. DEQ will provide an Analysis Report to each permittee that: (1) reports concentrations of each P3-listed pollutant in their effluent sample; and (2) lists the trigger levei for each pOllutant These results will be uploaded into DEQ's Laboratory Analytical Storage and Retrieval (LASAR) database, which is available to the public. In the process of running the methods to analyze for the P3 pollutants, analytes routinely included in these methods analyses but not on the P3 List may be detected. DEQ will report any analytes detected above the laboratory's level of quantitation in a separate report. DEQ will review this information in a joint meeting with interested facilities and ACWA members in November 2010 prior to uploading the data into DEQ's LASAR database. DEQ will meet again with interested facilities and ACWA members in 2011 once the data are available following the winter sampling event The additional analytes may inciude a variety of parameters which mayor may not be relevant for the individual facilities. Parameters may include those for which the facility has existing permit effluent limits or for which the facility does not have permit limits but for whicl1there are water quality standards. Additional anaiytes may also include parameters for which there are not appiicable standards and for which the facility does not have effluent limits. Method EPA 1630 EP A 200.8 Diss EPA 200.8 Total EP A 8270 Aoalyte Methylmercury [1+ iool Arsenic r dissolvedl Cadmium Compounds fdissolvedl Lead Compounds fdissolved] Selenium Compounds hotall Prochloraz lED} Tris-(l,I-dimethylethyl}phenol, 2,4,6- fAlkofen B1 Benzotrichloride ftrichloromethylbenzenel Bifenthrin Deltamelhrin fdecamethrin] Hexabromocyclodecane fHBCDl Hexachlorophene Lambda-cyhalolhrin Myclobutanil Octachlorostyrene Pentachloroanisole f2,3,4,S,6-PentacWoroanisole 1 Chlordecone (Kepone 1 Heptachloronaphthalene Hexachloronaphthalene Pentachloronaphthalene Pentachloronitrobenzene Tetrachloronaphthalene Trichloronaphthalene Dicofol Pentachlorobenzene 1ndeno(I.2.3-cd}pyrene Anthracene Benz(a)anthracene Benzo(a)pyrene Benzo(b )fluoranthene Benzo(~,h,i)perylene Benzo(k)fluoranthene Chlorpyrifos (Lorsban, Dursban) Chrysene fbenzo(a)phenanthrene] Decafluorobiphenyl Diazinon Dibenz(a,h)anlhracene Endosulfan sulfate Esfenvalerate Fluoranthene fBenzo(j,k)fluorene1 Methylphenanlhrene, 1- Methylpyrene, 1- Oxyflnorfen Phenanthrene Pyrene Terphenyl, p- Trifluralin Chlordane, cis- 3 CITY OF ASHLAND Council and Commission Communication Meeting Date: Department: Secondary Dept.: Approval: City of Ashland and Ashland Parks & Recreation Commission Memorandums of Understanding - FY 2010 & FY 2011 June 1,2010 Primary Staff Contact: Administrative Services E-Mail: Parks & Recreati Secondary Contact: Martha Benn Estimated Time: Lee Tuneberg tuneberl(ci)ashland.or. us Don Robertson Consent Question: Does the Council have any questions regarding the agreement between City and Parks approved for the FY 2010 budget at the February 8th Joint meeting or on the updated agreement for FY 2011? Staff Recommendation: Staff recommends that Council approve the agreement regarding operational issues and budget impacts for FY 2011. Background: .The City and Parks have shared operations and costs for many years. The shared costs were reflected in the annual budget each year. Ifthere were other costs or services to be shared, staff worked out the terms on an ad hoc basis. If the sharing was meant to be on a longer term basis it was added to the agreement in the subsequent year. Examples are landscape maintenance, mowing, building use, park patrol and now the vehicle maintenance/shops integration. The FY 2010 agreement approved in February needed a few minor wording corrections and signing at this point is only ratification of the approval for this year. The FY 2011 MOU is consistent with what was discussed and approved for this year and the approved budget. The FY 2011 MOU is scheduledJor Parks approval at.their June 21st meeting. Acceptance by both entities will meet the audit requirement identified in recent years. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix Council Potential Motions: Move to ratify the FY 2010 Memo of Understanding between City and Parks and to approve the FY 2011 Memo of Understanding for shared services. Attachments: FY 2010 MOU FY 2011 MOU Page I of 1 rtl1 MEMORANDUM OF UNDERSTANDING CITY OF ASHLAND AND ASHLAND PARK AND RECREATION COMMISSION FY 2009-2010 Agreement made this _8th_ day of _February_, 2010, between the City of Ashland ("City") and the Ashland Park and Recreation Commission ("Parks") and effective for the current adopted budget. RECITALS A. Local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its assigned personnel or agents have authority to pe rform. B. City and Parks have successfully shared the cost of operations and staff at various leyels including the use, operation and maintenance of facilities, landscaping, accounting and repair work for many years and desire to share resources and work collaboratively to jointly maintain and manage facilities, grounds and cooperatively provide services. C. City and Parks desire to formalize their commitment by entering into this agreement in the spirit of cooperation and with the understanding that the facilities and grounds shared and maintained and service provided will be done to provide cost savings and economies of scale to both parties. D. Attached as Exhibit A is a summary list of services provided between agencies for FY 2009-2010. E. City and Parks may agree to provide other services to one another, or to cost share other services, as part of this agreement without prior revision. Changes in identified services, service levels, payment for service~ and additional services will be agreed upon administratively and in writing in advance of providing the service. The specifics of such changes will be addressed in the next revision of this agreement if warranted. The City and Parks agree: 1. Internal Services. The City provides Parks with administrative services via the Central Service, Insurance Service', Equipment funds and Facilities Division. These services include Administration and oversight, Legal, Human Resources, Risk Management, Budgeting, Purchasing, Accounting & Financial Reporting, Computer and Telephone Technology, Facilities Maintenance and other services as needed. The listed services are annually calculated and allocated based upon estimated benefit received to all departments of the City and Parks is charged their prorated share. 2. Other Services and Staff. Services are routinely provided between the City and Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. Unless otherwise indicated, these services are treated as revenue and expenses in the budget in the General Fund and Parks and Recreation Fund on a monthly basis. The following list identifies the agreed upon services for FY 2009-2010: 2.1. Central Area Patrol - The City Police Department provides security patrols to Lithia Park, Plaza area and the City is reimbursed by Parks for 50% actual wages to a cap of $51,000. 1- 2.2. Park Patrol - The City Police Department provides security patrols to Lithia and the outlying park areas during April - October. Parks pays 100% of salaries to a limit of $20,000. The Police Department provides the equipment. 3. Facilities and Structures. Services are routinely provided between the City and Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. The following list identifies the agreed upon services for FY 2009-2010: 3.1. Community Center & Pioneer Hall - The City reimburses Parks on maintenance and repair costs for agreed upon work. Parks provides all custodial labor and supplies for the Community Center and Pioneer Hall; handles small repairs such as fixing faucets, drapery hanging, and landscaping such as planting flowers, weed control, and shrub pruning. Parks also handles all scheduling and coordination for the buildings. In return, Parks receives and keeps all rental revenues from the facilities. All capital improvements such as roof repair, painting, and floor refinishing and replacement are the responsibility of the City. 3.2. Band Shelter - The City pays the Parks for maintaining and repairing the shelter as needed within the budgeted $4,800 ($1,200 per quarter). Maintenance involved at the band shell including cleaning and setting of park benches; cleaning the stage and storage areas. Parks is responsible for all landscaping in the band shell area. All capital repairs including painting, electrical, doors, and structural work are responsibility of the City. 3.3. The Grove - Parks coordinates access to the building and schedules. The City provides maintenance and repair work. Revenues for events accrue to Parks but some costs may be shared between agencies to minimize the impact. 4. Landscaping and Grounds Maintenance. Services are routinely provided to the City by Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. These services are treated as revenue and expense between funds with a $174,568 annual limit. The following list identifies the agreed upon services for FY 2009-2010: 4.1. The Plaza & Downtown Entry Areas - The City pays Parks to maintain lawns and plants in the Plaza and entry areas to downtown. Parks provides all landscaping and irrigation maintenance at The Plaza, north entry, downtown. This includes all plant pruning, weeding, flower replacement and minimal tree pruning for visibility and safety, turf mowing and care, irrigation scheduling and testing repair as necessary. Any capital repairs such as planter replacement, complete removal, and large structural pruning of downtown trees is the responsibility of the City. 4.2. Siskiyou Boulevard & Ashland Street - The City pays Parks to maintain the plants and mow grass on these streets. Parks is responsible for all mowing, edging, fertilizing of turf, weed control in beds, pruning and replacement of occasional shrubs, litter pickup on a routine basis, and flowers replanted according to season, as well as irrigation scheduling and repairs as needed. Any major rework or complete change will be the responsibility of the City. 4.3. Airport - The City pays Parks to mow the grass at the airport. Parks is responsible for mowing areas around runway, taxi-way and hangar facility, as well as landscaping around FBO 2- building, including lawn area, shrubs, pruning, flower replacement, and irrigation scheduling and repairs as needed. (See map) 4.4. Substations - The City pays Parks to mow grass at substations. At the substation on North Mountain Avenue the City pays Parks to maintain shrubs, control weeds, and irrigation scheduling and repairs as needed. 5. Fleet Maintenance. The City will provide fleet maintenance and repair for Parks and charge for services in a manner consistent with City Departments. Fleet operations overhead will be allocated to Parks in a prorated share based upon number and type of vehicles/equipment to be maintained and shared benefit of the Division. City will accept Parks employees dedicated to their shop program. City will maintain transferred positions for at least one year and employ transferred employees for as long as it is feasible based upon operations, budget and performance. 6. Other Services. The City and Parks will, on occasion, need to trade services or share costs and any sharing of expenses or potential payment of fees for those services will be negotiated at that time. 7. Length of Agreement. The term of this Agreement shall commence on July 1, 2009, and continue for a period of one year. It will automatically renew on an annual basis unless terminated by either party per this section. The City and Parks shall periodically review this Agreement and modify it as they mutually agree to be appropriate during the year. Changes in services and/or responsibility for costs or revenues will be agreed upon annually as part of the budget process prior to a proposed budget is submitted to the Budget Committee. Changes to the proposed services may be done during the budget process with mutual agreement. 8. Termination. Neither party may terminate this Agreement for a breach by the other party without first providing the other party written notice of the specific nature of the alleged breach and a reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30 days or such other lesser or greater time as is appropriate given the nature of the breach and the time necessary to cure it. Annual renewal of this agreement will occur unless either party provides written notice during the budget process but no later than 60 days prior to the start of a fiscal year. CITY OF ASHLAND ASHLAND PARKS AND RECREATION COMMISSION By: Title: Date: By: Title: Date: 3- MOU Exhibit A for FY 2009-2010 DEPTfORG FY 2009-2010 Method of SERVICE ACTIVITIESITASKS PROVIDER WHO PAYS AMOUNT Calculation All Administrative functions including but not limited to Human Resources. Legal, City of Ashland - Recording, Treasury, Applicable Purchasing, Technology, Departments in Risk Management, Internal Service Prorated share Internal Services - General Facilities, etc. Divisions Parks $309,000 established in budget Accounting functions City of Ashland Prorated share including but not limited Admin established in budget Internal Services - Finance to financial reporting, GL, Services/Finance included in internal & Accounting PR, AR, AP Department Parks Included above services charge Maintains Downtown Central Area Patrol Area Security Police Parks $51,000 Park Patrol Maintains Park Security Police Parks $20,000 City of Ashland Building maintenance Admin functions agreed upon Services/Finance Prorated share Facilities Maintenance annually Department Parks $44,000 established in budget Prorated share established in budget. Liability, Auto and Property Workers Compensation premiums & daims Insurance-Parks Insurance City of Ashland Parks $40,000 cost. Workers Compensation Workers Compensation Paid with payroll per Insurance-Parks Insurance Parks As calculated state required rates City of Ashland Band Shelter Maintenance Parks Maintenance $4,800 Set amount Public Works- Airport Mowing Maintenance Parks Airport $4,160 Set amount Substation Mowing Maintenance Parks Electric $1,000 Set amount Substation, Fire Public Works- $144,568 for grounds Boulevard/Plaza landscape and airport Street & Fire maintenance and Maintenance mowing Parks Dept. $30,000 for supplies Maintains Park Fleet & Fleet Maintenance Related Equipment City of Ashland Parks New in FY 2010 TBD C:\DOCUME-1\shipletd\lOCAlS-1\Temp\XPGrpWise\MOU Exhibit A FY 2009-2010_1.xls IGA Svc Table 5/25/20103:04 PM MEMORANDUM OF UNDERSTANDING CITY OF ASHLAND AND ASHLAND PARK AND RECREATION COMMISSION FY 2010-2011 Agreement made this _ day of , 2010, between the City of Ashland ("City") and the Ashland Park and Recreation Commission ("Parks") and effective for the next adopted budget. RECITALS A. Local govemment may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its assigned personnel or agents have authority to perform. B. City and Parks have successfully shared the cost of operations and staff at various levels including the use, operation and maintenance of facilities, landscaping, accounting and repair work for many years and desire to share resources and work collaboratively to jointly maintain and manage facilities, grounds and cooperatively provide services. C. City and Parks desire to formalize their commitment by entering into this agreement in the spirit of cooperation and with the understanding that the facilities and grounds shared and maintained and service provided will be done to provide cost savings and economies of scale to both parties. D. Attached as Exhibit A is a summary list of services provided between agencies for FY 2010-2011. E. City and Parks may agree to provide other services to one another, or to cost share other services, as part of this agreement without prior revision. Changes in identified services, service levels, payment for services and additional services will be agreed upon administratively and in writing in advance of providing the service. The specifics of such changes will be addressed in the next revision of this agreement if warranted. The City and Parks agree: 1. Internal Services. The City provides Parks with administrative services via the Central Service, Insurance Service, Equipment funds and Facilities Division. These services include Administration and oversight, Legal, Human Resources, Risk Management, Budgeting, Purchasing, Accounting & Financial Reporting, Computer and Telephone Technology, Facilities Maintenance and other services as needed. The listed services are annually calculated and allocated based upon estimated benefit, received to all departments of the City and Parks is charged their prorateg share. 2. Other Services and Staff. Services are routinely provided between the City and Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. Unless otherwise indicated, these services are treated as revenue and expenses in the budget in the General Fund and Parks and Recreation Fund on a monthly basis. The following list identifies the agreed upon services for FY 2010-2011 : 2.1. Central Area Patrol - The City Police Department provides security patrols to Lithia Park, Plaza area and the City is reimbursed by Parks for 50% actual wages to a cap of $51 ,000. 1- 2.2. Park Patrol - The City Police Department provides security patrols to Lithia and the outlying park areas during April - October. Parks pays 100% of salaries to a limit of $20,000. The Police Department provides the equipment. 3. Facilities and Structures. Services are routinely provided between the City and Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. The following list identifies the agreed upon services for FY 2010-2011: . 3.1. Community Center & Pioneer Hall - The City reimburses Parks on maintenance and repair costs for agreed upon work. Parks provides all custodial labor and supplies for the Community Center and Pioneer Hall; handles small repairs such as fixing faucets, drapery hanging, and landscaping such as planting flowers, weed control, and shrub pruning. Parks also handles all scheduling and coordination for the buildings. In return, Parks receives and keeps all rental revenues from the facilities. All capital improvements such as roof repair, painting, and floor refinishing and replacement are the responsibility of the City. , 3.2. Band Shelter - The City pays the Parks for maintaining and repairing the shelter as needed within the budgeted $4,800 ($1,200 per quarter). Maintenance involved at the band . shell including cleaning and setting of park benches; cleaning the stage and storage areas. Parks is responsible for all landscaping in the band shell area. All capital repairs including painting, electrical, doors, and structural work are responsibility of the City. 3.3. The Grove - Parks coordinates access to the building and schedules. The City provides maintenance and repair work. Revenues for events accrue to Parks but some costs may be shared between agencies to minimize the impact.' 4. Landscaping and Grounds Maintenance. Services are routinely provided to the City by Parks to meet various needs on an ongoing and sometimes on an ad hoc basis. These services are treated as revenue and expense between funds with a $182,396 annual limit. The following list identifies the agreed upon services for FY 2010-2011: 4.1. The Plaza & Downtown Entry Areas - The City pays Parks to maintain lawns and plants in the Plaza and entry areas to downtown. Parks provides all landscaping and irrigation maintenance at The Plaza, north entry, downtown. This includes all plant pruning, weeding, flower replacement and minimal tree pruning for visibility and safety, turf mowing and care, irrigation scheduling and testing repair as necessary. Any capital repairs such as planter r~placement, complete removal, and large structural pruning of downtown trees is the responsibility of the City. 4.2. Siskiyou Boulevard & Ashland Street - The City pays Parks to maintain the plants and mow grass on these streets. Parks is responsible for all mowing, edging, fertilizing of turf, weed control in beds, pruning and replacement of occasional shrubs, litter pickup on a routine basis, and flowers replanted according to season, as well as irrigation scheduling and repairs as needed. Any major rework or complete change will be the responsibility of the City. 4.3. Airport - The City pays Parks to mow the grass at the airport. Parks is responsible for mowing areas around runway, taxi-way and hangar facility, as well as landscaping around FBO 2- , building, including lawn area, shrubs, pruning, flower replacement, and irrigation scheduling and repairs as needed. (See map) 4.4. Substations - The City pays Parks to mow grass at substations. At the substation on North Mountain Avenue the City pays Parks to maintain shrubs, control weeds, and irrigation scheduling and repairs as needed. 5. Fleet Maintenance. The City will provide fleet maintenance and repair for Parks and charge for services in a manner consistent with City Departments. For FY 2010-2011, the fleet maintenance charge will be $227,000. City will accept Parks employees dedicated to their shop program. City will maintain transferred positions for at least one year and employ transferred employees for as long as it is feasible based upon operations, budget and performance. 6. Other Services. The City and Parks will, on occasion, need to trade services or share costs and any sharing of expenses or potential payment of fees for those services will be negotiated at that time. 7. Length of Agreement. The term of this Agreement shall commence on July 1, 2010, and continue for a period of one year. It will automatically renew on an annual basis unless terminated by either party per this section. The City and Parks shall periodically review this Agreement and modify it as they mutually agree to be appropriate during the year. Changes in services and/or responsibility for costs or revenues will be agreed upon annually as part of the budget process prior to a proposed budget is submitted to the Budget Committee. Changes to the proposed services may be done during the budget process with mutual agreement. 8. Termination. Neither party may terminate this Agreement for a breach by the other party without first providing the other party written notice of the specific nature of the alleged breach and a reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30 days or such other lesser or greater time as is appropriate given the nature of the breach and the time necessary to cure it. Annual renewal of this agreement will occur unless either party provides written notice during the budget process but no later than 60 days prior to the start of a fiscal year. CITY OF ASHLAND ASHLAND PARKS AND RECREATION COMMISSION By: Title: Date: By: Title: Date: 3- FY 2010-2011 MOU Exhibit A DEPTfORG FY 2010-2011 Method of SERVICE ACTIVITIESITASKS PROVIDER WHO PAYS AMOUNT Calculation All Administrative functions including but not limited to Human Resources, Legal, City of Ashland - Recording, Treasury, Applicable Purdlasing, Technology, Departments in Risk Management, Internal Service Prorated share Internal Services - General Facilities, etc. Divisions Parks $309,000 established in budget Accounting functions City of Ashland Prorated share induding but not limited Admin established in budget Internal Services - Finance to finandal reporting, GL, Services/Finance included in internal & Accounting PR, AR, AP Department . Parks Included above services charge Maintains Downtown Central Area Patrol Area Security Pollee Parks $51,000 Park Patrol Maintains Park SeaJrity Police Parks $20,000 City of Ashland Building maintenance Admin functions agreed upon Services/Finance Prorated share Facilities Maintenance annually Department Parks $44,000 established in budget Prorated share established in budget, Liability, Auto and Property Workers Compensation premiums & daims Insurance-Parks Insurance City of Ashland Parks $40,000 cost. Workers Compensation Workers Compensation Paid with payroll per Insurance-Parks Insurance City of Ashland Parks As calculated state required rates City of Ashland Band Shelter Maintenance Parks Maintenance $4,800 Set amount Public Works- Airport Mowing Maintenance Parks Airport $4,285 Set amount Substation Mowing Maintenance Parks Electric $1,000 Set amount Substation, Fire Public Works- $151,796 for grounds Boulevard/Plaza landscape and airport Street & Fire maintenance and Maintenance mowing Parks Dept. $182,396 $30,600 for supplies Maintains Park Fleet & Prorated share Fleet Maintenance Related Equipment City of Ashland . Parks $227,000 established in budget C:\DOCUME-1\Shipletct\LOCALS-1\Temp\XPGrpWiseWOU Exhibit A FY 201D-2011.xls IGA Svc Table 5/25120102:59 PM CITY OF ASHLAND Council Communication Approval of a Public Contract for an Aerial Device Bucket Truck Meeting Date: June 1,2010 Primary Staff Contact: Scott Johnson Department: Electric E-Mail: iohnsons@ashland.or.us Secondary Dept.: Public Works/Purchasing Secondary Contact: Mike Morrison Approval: Martha Benne Estimated Time: Consent Statement: Will the City Council, acting as the Local Contract Review Board, approve a public contract to procure a new 2010 Altec 60' Bucket Truck ($195,495.00), and declare the intended trade-in Vehicle #301, 1997 Bucket Truck ($11,000.00) as surplus, for a total amount of$184,495.00? Staff Recommendation: Staff recommends the public contract for the 20 I 0 Altec 60' Bucket Truck, including the trade-in vehicle, be awarded to Altec. Background: Vehicle #301,1997 Electric Bucket Truck is scheduled for replacement and the amount budgeted in FY 2010 for the replacement vehicle is $230,000.00. The sourcing method for the intended public contract (replacement vehicle and disposal of trade-in vehicle) is a Competitive Sealed Bid (Invitation to Bid). The City received three (3) bids in response to the ITB. They are as follows: Bidder ALTEC NELSON TRUCK TEREX EQUIPMENT New equipment $195,495.00 $207,288.00 $197,795.00 Trade-in (11 ,000.00) (12,000.00) (9,500.00) TOTAL $184,495.00 $195,288.00 $188,295.00 Delivery ARO 260 Days 175 Days 180-210 Days Related City Policies: Section 2.50.070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: Section 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: i. The contract has a total value of seventy-five thousand dollars ($75,000) or less; Council Options: The City Council, acting as the Local Contract Review Board, can approve or decline the public contract recommendation. Page I of2 rj.' Potential Motions: I move to approve (or decline) the public contract as recommended. , Attachments: None I" Page2of2 CITY OF ASHLAND ~~, CITY OF ASHLAND Council Communication Meeting Date; Department; Secondary Dept.; Approval: Ordinance Relating to Tax Levy June 1, 2010 Primary Staff Contact: Finance Department E-Mail: Administration Secondary Contact: Martha Benne Estimated Time: Lee Tuneberg tuneberl@ashland.or.us Martha Bennett Consent Question: Should the Council approve continuance of First Reading of an ordinance setting the tax levy amount for Fiscal Year 2010 - 2011 from June 1, 2010 to June 15, 2010? Staff Recommendation: Staff recommends Council continue First Reading of this ordinance to June 15,2010. Background: This item was originally scheduled for the June 1,2010, Council meeting; however, due to staffing issues, City Administration has requested this matter be continued to the June 15,2010 regular Council meeting. Related City Policies: N/A Council Options: 1. Move to approve continuance of First Reading to June 15,2010. 2. Postpone First Reading to another date certain. Potential Motions: Motion to continue First Reading of the ordinance to June 15,2010. Attachments: N/A Page I of I r.l' CITY OF ASHLAND Council Communication Approval of a Special Procurement-Specialized Services of a Graphic Designer Meeting Date: Department: Secondary Dept.: Approval: June 1,2010 Parks and Recreation Purchasing Martha Be Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Rachel Dials dialsr{al,ashland.oLus Don Robertson Consent Question: Will the Council, acting as the Local Contract Review Board, approve a Contract-specific Special Procurement requesting approval to directly award a public contract for the specialized services of graphic designer to create and provide interpretive materials for visitor services throughout the parks system? . Staff Recommendation: Staff recommends that the Contract-specific Special Procurement for the services of a specialized graphic designer be directly awarded to Karin Onkka for a term of one fiscal year expiring on June 30, 20ll. Background: A Special Procurement is a contracting procedure that differs from the procedures required for an Intermediate Procurement (3 written quotes), Invitation to Bid, Request for Proposal, Sole Source or Emergency. The proposed procedure being recommended is d'irect award per the attached Request for a Special Procurement. The existing contract with Karin Onkka, which resulted from an RFP processed in October-December 2008, will expire June 30, 2010. A total of28 proposals were received in response to that RFP, and the final contract was awarded to the highest ranked proposer, Karin Onkka. In addition to requiring the extensive skills and services of a graphic designer, the interpretive materials require a specialized knowledge of our natural environment. Karin Onkka has a master's degree in environmental education and a bachelor's degree in magazine journalism. She also has an excellent relationship with the Parks and Recreation Department as she has designed numerous signs, brochures, booklets and exhibits over the last 3 years and has extensive knowledge of the interpretation needs of the department. The Parks staff is recommending a public contract be awarded to Karin Onkka for a term of one fiscal year to continue providing graphic design and interpretive materials for the Ashland Parks and Recreation Department. For more information, please see the attached Request for a Special Procurement. Related City Policies: The related rules of procedures are included in the attached Request for a Special Procurement. Page I of2 ~.t. 1 CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: Special Procurement - Request for Approval Page 2 of2 ~.. ..." CITY OF ASHLAND I FORM #9 @ClJ~~~j~ PPROYAU :'iL0tiii4rmgihHi . , $5~O(JO To: City Council, Local Contract Review Board From: Rachel Dials. Don Robertson. Ashland Parks and Recreation Date: 5-19-2010 Subject: REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement ~ Contract-specific Special Procurement 4. Time Period Requested: From lulv 1. 2010 To: lundO, 20 II 5. Total Estimated Cost: Not to exceed $20.000 6. Supplies and/or Services or class of Supplies and/or Services to be acquired The scope of work includes sPecialized graphic design, interpretive materials, and visitor services information for signs and materials made available for and at each of the Ashland parks, including North Mountain Park Nature Center, Lithia Park, and other outer parks within the svstem. As more and more tourists and locals visit our parks, the need for interpretive information, maps and signs for self guided tours increase. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), BidIProposal Forms(s), Contract Form( s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. The existing contract with Karin Onkka, which resulted from an RFP processed in October-December 2008. will expire June 30. 2010. A total of28 proposals were received in response to that RFP, and the final contract was awarded to the highest ranked proposer. Karin Onkka. In addition to requiring Form #9 - Special Procurement - Request for Approval, Page 1 of 4.5/26/2010 the extensive skills and services of a graphic designer. the interpretive materials require a specialized knowledge of our natural environment. Karin Onkka has a master's degree in environmental education and a bachelor's degree in magazine iournalism. She also has an excellent relationship with the Parks and Recreation Department and extensive knowledge of the interpretation needs of the department. The Parks staff is recommending a public contract be awarded to Karin Onkka for a term of one fiscal vear to continue providing graphic design and interpretive materials for the Ashland Parks and Recreation Department. 8. Justification for use of Special Procurement: Describe the circumstances that justifY the use of a Special Procurement. Attach relevant documentation. . Karin Onkka has an excellent relationship with the Parks and Recreation Department and understands the interpretation needs of the department. Karin will gather information and prepare signs and materials using her environmental education background. These proiects are more than iust designing signs. it takes someone with a specialized background and knowledge of our natural environment to create this interpretive material. 9. Findings to Satisfy the Required Standards: This proposed special procurement: (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The initial contract with Karin Onkka was the result of a formal Competitive Sealed Proposal (RFP) process completed in December. 2008. A total of28 proposals were received and evaluated in resPonse to that RFP and Karin Onkka was the highest ranked proposer. Parks staff have a good understanding of the work Karin Onkka will be providing for the department. This contract will allow existing proiects to be completed and for additional interpretive materials to be created over the next fiscal vear. (Please provide specific infomnation that demonstrates how the proposed Special Procurement meets this requirement.); and (b )(i) will result in substantial cost savings to the contracting agency or to the public because: Staff does not have the background or knowledge to create the interpretive materials that are required for parks visitors to explore our parks svstem independentlv. (Please provide the total estimate cost savings to he gained and the rationale for determining the cost savings); or (b )(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: Karin Onkka has extensive knowledge and experience and understanding of our local natural environment. She also has the graphic design background to create attractive interpretive materials and visitor service brochures that will help us meet the increasing demand for more information on our local natural environment. (Please provide specific infomnation that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval. Page 2 of 4. 5/26/2010 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.oLus - {June 2.20/01 NOTE: Pending Council Al1l1rOval on June 1, 1010 PUBLIC NOTICE Aporoval of a Soecial Procurement First date of publication: {June 2. 20101 A request for approval of a Special Procurement was presented to and approved by the City Council, actiog as the Local Contract Review Board, on {June 1. 2010/. The Contract-specific Special Procurement is for the specialized services of a graphic designer to create interpretive materials for the AsWand Parks and Recreation Department for the next fiscal year beginning July I, 2010 and ending June 30, 2011. In October-December 2008. a Competitive Sealed Proposal (RFP) process was completed for a graphic designer. A total of28 proposals were received and evaluated in response to that RFP. The public contract was awarded to the highest ranked proposer, Karin Onkka. and will be expiring June 30, 2010. In addition to requiring the specialized services of a graphic designer, the interpretive materials require a specialized knowledge of our natural environment. Karin Onkka has a master's degree in environmental education and a bachelor's degree in magazine journalism. She also has extensive knowledge of the interpretation needs of the department. ' The Parks staff recommended that the public contract for the specialized services of a graphic designer be directly awarded to Karin Onkka for the upcoming fiscal year to complete existing projects and contioue providing graphic design and interpretive materials for the AsWand Parks and Recreation. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts. and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065. or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of AsWand, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, AsWand, OR 97520. The seven (7) protest period will expire at 5 :OOpm on {June 9. 2010 (seven calendar davs from first date o{ tmblicationi/. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resultiog from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 014,5/26/2010 ' Authority to enter into a Special Procurement: AMC 2.50.070 Procedures for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules. OAR Chapter /37 Divisions 46 - 49. except/or tile fallowing: G. Special procurements as set forth ORS 279B. 085 and herein. ORS 279B.085 Speciat procurements. (/) As used illlhis sectioll alld ORS 2798.400: (0) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279BJ)55. 2798.060, 2798.065 and 2 79B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified class of goods or services. (b) "Contract-specific special procurement" means Q contracting procedure that differs from the procedures described in ORS 279B.055, 2798.060, 279B.065 and 279B.070 and isfor the purpose of entering into a single contract or a number afrelated contracts for the acquisition of specified goods or services on a one-time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (3) Whe,i the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justifY the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a ~pecial procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary of State or State Treasurer, will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts: and (b)(A) Result in substantial cost savings to the contracting agency or to the public: or (B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any roles adopted thereunder. (5) Public notice of the approval of a proposed special procurement must be given in the same manner as provided in ORS 279B.055 (4), (6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer the contracting agency determines in writing to be the most advlmtageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 f57; 2005 c.103 g8dJ OAR 137-047-0285 Special Procurements (I) Generally. A Contracting Al?ency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR /37-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. (3) Protest. All Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR /37-047-0700. Form #9 - Special Procurement - Request for Approval, Page 4 of 4.5/26/2010 CITY OF ASHLAND Council Communication Intergovernmental Agreement for Transportation System Plan lJpdate Meeting Date: June 1,2010 Primary Staff Contact: Michael A. Faught Department: Public Works E-Mail: faughtm@ashland.oLus Secondary Dept.: Administration Secondary Contact: Karl Johnson Approval: Martha Benne Estimated Time: Consent Background: As the Council knows, the City of Ashland has received a grant from the State of Oregon to complete the update to our Transportation System Plan. This is an adopted City Council goal. Completion of the project requires the City and State to sign an Intergovernmental Agreement. At the January 19, 2010 City Council meeting, the Council approved staffs recommendation to increase the cost of the Transportation System Plan (TSP) update from $350,000 to $416,740. Since then ODOT, through the Transportation Growth Management (TGM) grant program, approved an additional $25,000 of State funding. As of today, the City of Ashland's share of the project is $241,740, and the State of Oregon will pay $175,000. Once Council approves the IGA, the City will send an installment payment of$25,000 to ODOT, and the work will begin on July 1,2010. TSP Scope of Work Development and Consultant Scoring Process In luly, 2009, both Ashland and ODOT staff began developing the progressive scope of work desired for the TSP update. The scope of work was completed by mid-October after several drafts and internal reviews as well as input by the Transportation Commission, Planning Commission and ODOT staff. In late October 2009, the ODOT Procurement Office began the scoring process to assign the contract to one of the eleven consultants on their pre-approved list that responded to the RFP. The City of Ashland was part ofthe scoring committee that included the following members: . Mike Faught, Public Works Director . Karl Johnson, Public Works Engineering Associate . Alex Georgovich, Local Ashland Resident and City of Medford Transportation Manager . Eric Heesacker, Local Ashland Resident and Member of the Transportation Commission . John McDonald, ODOT TGM Project Manager The scoring committee met on December I, 2009 to rank the consultants. The top three consultants were CH2M Hill, Kittelson & Associates and Parametrix. Each was invited to an interview on Page t of2 ~.t. 1 December 17th. Kittelson & Associates, Inc. was the clear front runner, followed by CH2M Hill and Parametrix. Following the interview, ODOT and city stafffurther refined the scope of work (draft attached) and subsequent budget for the project. Kittelson then used the detailed scope of work and created a proposed project cost of$416,000. Related City Policies: Current City Council goal which states; develop an integrated land use and transportation plan to increase the viability of transit, bicycles, walking and other alternative modes oftransportation; reduce per capita automobile vehicle miles traveled; provide safe walking and bicycling routes to home, work, shopping and schools; implement environmentally responsible design standards, and minimize new automobile-related infrastructure. Council Options: . Council may decide to enter into the Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) to approve to complete the Transportation System Plan (TSP) update. . Council may decide not to approve the Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) to approve to complete the Transportation System Plan (TSP) update. . Council may decide to modifY ( ) staffs recommendation. Potential Motions: . Move to approve an lntergovemmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) to approve to complete the Transportation System Plan (TSP) update. . Move not to not to approve Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) to approve to complete the Transportation System Plan (TSP) update.. . Move to modifY ( ) staffs recommendation. Attachments: The Intergovernmental Agreement can be found in the on-line packet only. Hard copies will be available upon request. Page 2 of2 ~.t. 1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Declaration and Authorization to Dispose of Surplus Property Vehicles and Equipment Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: June 1,2010 Finance Public Works Martha Benne Lee Tuneberg tuneberl(aJ,ashland.oLus Mike Morrison Consent Statement: Will the City Council, acting as the Local Contract Review Board, declare the items listed on the attachment as surplus property and will the City Council authorize a sealed bid auction be conducted to dispose of the vehicles and equipment being declared surplus property? Staff Recommendation: Staff recommends that the vehicles and equipment listed on the attachment be declared surplus property and a sealed bid auction be authorized and conducted in accordance with AMC Section 2.50.127, Exhibit B, to dispose of the surplus property. Background: Near the end of each fiscal year, the City has held a sealed bid auction to dispose of City property that has been declared surplus property. The public sale allows the general public, including local citizens of Ashland, to participate in the sealed bid auction process. Thus far, there has been a lot of interest, mariy sealed bids submitted and a successful turn-out at each of the previous sealed bid auctions. Therefore, staffrecommends that we conduct another sealed bid auction to dispose of the attached items intended to be declared as surplus property. Related City Policies: AMC Section 2.50.127 EXHIBIT B City of Ashland SURPLUS PROPERTY DISPOSAL ADMINISTRATIVE RULES & PROCEDURES March 9, 2006 Under the Ashland Municipal Code, Chapter 2.50 Public Contracts, Section 2.50.115, Disposal of Surplus and Abandoned Property, the City of Ashland Finance transfer to other departments, direct transfer or sale to political subdivisions, state agencies, or non-profit organizations, sale, trade, auction, or destruction; provided however, that disposaI' of surplus property having residual value of more than $10,000 shall be subject to authorization by the City of Ashland, Local Contract Review Board. Definitions The following definitions apply to these administrative rules: Page I of4 ~.t. 1 CITY OF ASHLAND (I) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder. (2) "Cash" includes U.S. currency, cashier's checks, and money orders made payable to the City of Ashland. (3) "Employee's Household" means all persons residing with employee. (4) "Employee's Immediate Family" means the children, step-children, parents, stepparents, grandparents and spouse of employee, separately or in any combination thereof. (5) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement. (6) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation as defined in ORS 307.130. (7) "Political Subdivision" includes 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. (8) "State agency" is defined in ORS 279A.250(4) and means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid 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. (9) "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. Prior to offering Surplus Property for Public Sale (I) Prior to offering surplus property for public sale, the Surplus Property may be made available by direct transfer or direct sale to the following: (a) Other City departments (b) Political Subdivisions (c) State Agencies (d) Any non-profit organization determined to be eligible by the Purchasing Agent. (2) 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. (3) 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. (4) Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus property except at public sales. (I) Conduct (a) The Purchasing Agent or his/her designee must conduct public sales for the disposal of Surplus Property. (b) Methods of disposal may include, but not be limited to: oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof. Page 2 of4 ~.t. 1 CITY OF ASHLAND (2) Conduct of Auctions and Sealed Bid Sales (a) The Purchasing Agent or his/her designee must advertise the date, time and location of public auction or sealed bid sales. (b) A public 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 public 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 have recourse against the City of Ashland or any of their respective officers, employees or agents. (f) All sales must be final. (3) Eligibility (a) Members of the general public may participate as buyers at public sales. (b) No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department and/or Purchasing, 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. (4) Payment Full payment must be made within five (5) business days, unless otherwise specified in the public 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 public Invitation to Bid. (5) Failure to Comply The Purchasing Agent or his/her designee may establish criteria to disqualify participants from surplus sales pursuant to this Rule. 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 or his/her designee to warrant disqualification. Based upon these criteria, the Purchasing Agent or his/her designee may disqualify participants from participation in other surplus sales. (6) Claiming Items Purchased (a) Items not paid 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 Property sold will be transferred to the purchaser when full and final payment (d) Motor Vehicles Division trip permits must be required to drive unlicensed motor vehicles. The purchaser will be responsible for obtaining a trip permit and to certify 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. Pagd of 4 ~.t. 1 CITY OF ASHLAND (7) Disposal of Surplus Property, without requiring competitive bidding (I) With the prior approval of the Purchasing Agent, the authorized designee may sell or transfer surplus property to political subdivisions, state agencies, or non-profit organizations. (a) Political subdivisions, state agencies, and or non-profit organizations may be given preference to acquire surplus property. (b) Property acquired shall be used for public purpose or benefit and not for resale to a private purchaser. (2) With the prior approval of the Purchasing Agent, the authorized designee may transfer computers and related hardware that are surplus, obsolete or unused to a common or union high school district or education service district. (a) The authorized designee may not charge the school district a fee for the transfer. (3) The Purchasing Agent or his/her designee 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. (8) Proceeds from the disposal of Surplus Property (I) The Purchasing Agent shall determine what fund and/or funds will be credited with the proceeds received from the disposal of surplus property. Authorized by: Lee Tuneberg Finance Director Purchasing Agent Authority: ORS 279A.065 (5)(a), ORS 279.070, AMC 2.50.090 Drafted from: ORS 279A.250, OAR 125-246-0700 (Ord 2934. Replaced. t 1/2112006) Council Options: The City Council, acting as the Local Contract Review Board, can approve (or decline) the items be declared surplus property and a sealed bid auction be conducted to dispose of the vehicles and equipment being declared surplus property. Potential Motions: I move to approve (or decline) the items be declared as surplus property and a sealed bid auction be conducted to dispose of the property being declared surplus property. Attachments: List of items to be declared as Surplus Property Page4of4 ~.t. 1 ITEMS TO BE DECLARED AS SURPLUS PROPERTY for the FY 2010 Sealed Bid Auction 26-May-10 VEHICLES Number DescriDtion .Miles Department 222A Wacker Packer BS 60 Y N/A Water 260A Wacker Packer BS 60 Y N/A Water 280A Toro Mower - Walk Behind N/A Cemetery 347 1999 Ford Ranger 4x4 70,390 Water 431 2000 Ford F-150 4x4 90,423 Water 512 2005 Ford Crown Victoria 77,981 Police 542 2006 Ford Crown Victoria 85,550 Police 703 1992 Ford Ranger 2x4 98,179 Parks 710 1997 Ford Ranger 2x4 60,000 Parks 711 2002 Ford Ranger 2x4 116,388 Parks MISCELLANEOUS Item # Description 1 Pacific Laminating Machine Model ECONO 8000 Ser # E 103051 0 4 Drawer File Cabinets 2 1 - HON 3 1- Steelmaster 4 I-No name 4 Drawer File Cabinet 5 3 - HON 6 1 Steelmaster 7 2- No name 2 Drawer Letter File Cabinet 8 1 HON 9 I-No name 2 Drawer Legal File Cabinet 10 I-HON FAX Machines 11 I-Brother MFC-8300 12 1-HP Officejet 6310 IBM Selectric II Typewriters 13 I-Green 14 2 -Brown 15 I-Red 16 Cannon AP300 Typewriter 17 14" Jenson TV wlRemote 18 14" RCA Colortrak TV 19 14" Samsung TV wi VCR 20 12" ProVideo Monitor 21 Electric Da-Lite Projection Screen Model # PXAG-664-81 22 24" Premier Paper Cutter Items to be declared as surplus property, 5/26/2010, Page 1 and 2 Parks or City City City City City City City City City City City City City City City City City City City City City City City MISCELLANEOUS Item # DescriDtion 23 Porcelain Drinking Water Fountain 24 3000 Watt Hanging Space Heater 25 Lot of Misc Fluorescent Fixtures 26 Wemer Folding Ladder Model M6-12 27 Porcelain / Iron Utility Sink 28 Stainless Steel Large Bar Sink 29 4 Matching Green Office Chairs w/ Casters 30 Desk Hutch Oak 58 X 26" 31 Lot Wall Style TV Brackets 32 Lot 26 MultiFold Towel Dispensers 33 Metal Desk w/ Credenza 34 Lot Computer Video Monitor Brackets 35 3 Tray Food Service Steam Table 36 2 Ea Form or Brochure Wall Racks 37 NIKKO ND-750 Cassette Player/Recorder 38 NIKKO NT 70011 Stereo Tuner 39 Lot 6 Various Office Chairs 40 Printer Table 41 Under Dash Creeper 42 Headlight aimer 43 aTC Breakout Box 44 Prolink 9000 45 aTC Diagnostic System 46 Electric Pop Rivet Gun 47 Go Light Spot Light 48 Tire Step 49 19,Inch Stroke Jack 50 4' by 4' Crate of Shop Manuals 51 15' Shop Bench 52 3 Shop Cabinets 53 Alu'minum Shop Step 54 Midtronics Micro 500 Battery Tester 55 Homelite Blower 56 Box of miscellaneous auto parts 57 Box of miscellaneous wipers. brake shoes and pads 58 Ryan LA 28 Aerator 59 Tru-cup Edger 60 Stihl Weed eater 61 Stihl 036 Chain Saw 62 2 Stihl Blowers 63 Shoei E400 Generator 64 Delta Pick up tool box 65 Cylinder Scales Parks or City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City City Parks Parks City City City City City City Items to be declared as surplus property, 5/26/2010, Page 2 and 2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ambulance Operator's License Renewal June 1,2010 Primary Staff Contact: Greg Case Fire & Rescue E-Mail: caseg@ashland.or.us Finance Secondary Contact: Lee Tuneberg Martha Bennet Estimated Time: Consent Question: Does the Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue? Staff Recommendation: Staff recommends renewal of the Ambuhmce Operator's License for Ashland Fire & Rescue. Background: Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating within the City of Ashland to apply annually for an ambulance operator's license. The fire department has provided emergency services in Ashland since 1885. From 1926 to 1936, the fire department operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller Funeral Home. The,fire department obtained its first medical response vehicle (Rescue 9) through community donations in 1973, and began providing first response emergency medical services to the community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon are regulated by county governments, and within the City of Ashland they are required to obtain an ambulance operator's license. This license is renewed on an annual basis. Related City Policies: AMC Chapter ,6.40.11 0 Council Options: Approve or deny renewal of Ashland Fire & Rescue's ambulance operator's license. Staff Recommendation: Staffrecommends approval ofthe ambulance operator's license renewal for Ashland Fire & Rescue. Potential Motions: Motion to approve or deny Ashland Fire & Rescue's request for an ambulance operator's license renewal. Attachments: None. Page 1 of t ~.t. 1 CITY OF ASHLAND Council Communication Adoption of SOB Campus Master Plan Bpdate - 20.10. to 20.20. Meeting Date: June 1,2010 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: bil1{al.ashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Benn Estimated Time: 5 minutes Question: ' Should Council approve Second Reading of three ordinances adopting the SOU Master Plan Update? Staff Recommendation: Staffrecommends 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 second reading 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 May 18, 2010, the Council held first reading of three ordinances implementing the SOU Master Plan. On April 20, 2010, the Council held a public hearing on the IO-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. On May 18, 2010, the Council held first reading of three ordinances implementing the SOU Master Plan. Related City Policies: Ashland Comprehensive Plan - Public Services Element Goal: To make maximum effort toward utilization of present and future educational and recreational facilities and resources through public. private and city cooperation. Council Options: The Council may move to approve second reading of the three ordinances necessary to implement to the Campus Master Plan or may direct staff to make changes to the ordinance prior to second reading. Potential Motions: I. Move to approve second reading ofthe following ordinances: . 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. Page I of2 ~.t. 1 CITY OF ASHLAND o Ordinance #2: An Ordinance amending AMC 18.64 to reference the current Southern Oregon University Campus Master Plan 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. Attachments: 1. 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 am~nding 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: http://www.ashland.or.us/SOU Page 2 of2 ~.t. 1 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 dolotions 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. Citv 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 of 2 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, South'ern 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 S, 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 (i.e. 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 I 50-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 I 50-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 Avenue: 1. Buildingfootprints shall be limited to 6,000 square feet totalfor 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 60feet, a significant ojJset-5' or more-in the plane of the fa,ade shall be created so that no major fa,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. Buildingfacades 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 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. In this configuration, garage entries shall be set behind the primary far;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. I1. 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 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 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 Conclusions of Law Page 4 ORDINANCE NO. AN ORDINANCE AMENDING AMC 18.64. TO REFERENCE CURRENT SOUTHERN OREGON UNIVERSITY . CAMPUS MASTER PLAN 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 Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v. International Ass'n of Firefiohters. 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 OreClon University dated 12 April 2010. with all conditions added by the City PlanninCl Commission and City . Council as adopted and incorporated into the Ashland Comprehensive Plan by 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 (i.e. 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 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, 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 chang'ed to "code", "article", "section", or another word, arid the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. 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 ___ ------LlL EXHIBIT A mm , " ... _ , ~ ~ - - - --rOWASl' O. lJ "p~ I I ~H i..;ri.Jcn:!=,y/u l " 0 ~ 0 2i')jtl ~"~r::: u ---, ',f:] Lc:J1 r adl~ ~ 'fgib' , tto!: Zoning ~., .c=: ~ ",-" IIl= -i . . , :e; ~o, Q Q, 'b' 1"i.,.1j "" ,--, Taxlots '., , 0_ =H ~" L--J ~ 10",,"',1 ~ TI "k, 'i:'Lo 0 ~ c;J, "t; ~ ; ~ Private . 1('), '., · H " ~ ~ 0 0 . O"r ~i~ If~:~:Mt,,::l::~~!J~i~t!~;:~;'f~Q~~~~~ D:~ ::"'H, "'ex::r'.' h..... : ~ ~'~:~ f<%J?d~ ~ ~ .;~,,:;~~!\( L.J RR-.5 . Ll if ~ >ILL "1l1i ,,~. _ c;J '" ~= : _ RR-t 1 D Q'<D . g <;:;J D Vi" ~,~ rzl~ T, i (] 0 00 <;} W ;.;ct. '::: ~:t.- . IS 01, :,:j,Fi so o 0 O~c'l 0 ~ ~, Co" =-~.; R o ~ 0 '~F'--- I. :c; . t:::::J" . is. <1; W [] 1;j cP (] 'gJ, '!, " "':J. VJ~ ".' DO '; ~, WR-20 ~IO.~ ". '0 ;{..." 0 ~: '" g 0 8 ~ J , '''''' , "'" ~ " 0 ". ~"'""'. ' V' -"'-- 'i', ~, ou [] v , ""~ . "'"i. . !"^,= ;.!'#~fr=...... " ~ 0 I OJ ~ F;E.C,....... -'-'-'--P-...t, /1 .1 ,~,_ Property Imes .J., ::;:"~Jt::.) ) I 01 . '...~IJ o 60 120 240 Fei!t ,.,f" ';,); 'I ,p, T\<C: "' 1 I, ';;i" ~X;I~I~ B .. ~.!~o~ 9~' 0 "L'l' ::;~;0 "'.C:J In JI ~ ,C/,."~ ~"D !r- '" rr" Zoning J:', . ~,.' t :: : = i'l:- g ~ "" T ,--, Taxlots rr, h~ , 0 "'" c ~~ p;;, ..., U' ~ L...J iL, 101)" "". "", ~ ''l'J D ~ Y,l.o 0 ~ q, t..i:i. City Zones " ."./ O":LJ; >~~ , ,,~ I~ ~ ~;.; j~; ZONING bl ~" i 11'1t.;tl~,~,." ~,~ '" 0 "c ~ i,':c rn · ~ _ C-1 dJ, D""" "" 'B ~ _ C-1-D - &1 &.: ~7~;~lI' E~ ""Jcn~, He ~~~' ;; ~ r 1':~i(~!;~:ie~;,<<%:~il~!CJ':%:;;~~;;;' ~, ~ ;~ '.1'1 "'ii,;,;,;", ;"'.'r., ::',,,;;13;1:;,1(< ,.ii!;iliLt"I, ~ "" Ii ~' i,;: ~ 11~illll,;I~!;;t~,1~3"j~i:\~I,,~ :-;-:05 .' i~ ~~;I:jj~ir!~;~32E0~~1!t'!:[~jii'i~I~~ R:1:S I?IJ rfl'~:iJi;~". ,..""'.;{';;fi;:;~ti';!;> I I R-1-7.5 tJ 1'\' """'" ""'h _ ~j -,~L ~~!'~;L~'(illi~jf:J~i(tr!.;I:ii. I J R:2 '0 ~ ;;r;w lff 'Ii ".m *", n-- '" ~= J;J _ RR-1 1{ q.. D 1'-1 ~ ~ <;:;J 0 02", ';;t I D tJ~~ ~ I:~~.\:.i: %i;..;;::,n so o C:P 'V ",." 'i':- \OJ o,,'~ Dc . 0 CJ () ,~ """'=' ~ "" &' co .. ", ~~ [J ~ p .~~ -;;: WR 'OC'l'<::i' 'If ':1," .,!; R. "Gc" ; CJ DO '" _" DOiL n. ""6 -:x 0 0 ~ '" ~ <"1 G ^ "'"" WR-20 ~ J' l!,. u -"'0 '0 U "" ,_ ro" "" Q "", O'J 0 "" liP II. ' -" t ~=~''''= =fior reJi!-r"nc" only, not scal"abl" '", CO 0 , '1U', c ~ """ II .. ,= "-" "","_0 ~ d'~' iL-1 I I 01 ' J5:J......t1 JJ Ii 625125 250 Feet II I Yi:j;i;ifH(r':{~ieiM .:;.::;.:.......:.... ". .... .....,.. -.,~ :'!;;::::::::: _ CITY Of ASHLAND EXHIBIT B Page 2 of2 Privatelv Owned Properties within the Southern Orel!on (SO) Zone 39 IE 09DD 5400 - 1067 Ashland Street: Joseph (Rivers) & Dominique Brown Nearest Zone R-I-75 39 IE 15BB 4000 - 540 S Mountain Ave: R-I-75 William Modesitt Trustee 39 IE 15BB 4100 - 562 S Mountain Ave: Toni Richmond Trustee R-I-75 39 IE 15BB 3900 - 1150 Ashland Street: Archdiocese of Portland (Walsh Memorial / Newman Center) R-I-7.5 39 IE 15BB 1200 & 1300 - 600 Roca Street: Jacque Hald Trustee R-I-75 39 IE 15BB 9100 - 1336 Madrone Street: Jerry Nutter R-I-7.5 rA' CITY OF ASHLAND Council Communication SOU Campus Master Plan - Detail Site Review (DSR) Zone Amendment Meeting Date: Department: Secondary Dept.: Approval: June 1,2010 Community Development Legal Martha Benne Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Bill Molnar bill(cV,ashland.or. us Richard Appicello 10 minutes Question: Does Council wish to approve First Reading of an ordinance titled, "An Ordinance Extending the City of Ashland Detail Site Review Zone for Consistency with the 2010 SOU Campus Master Plan"? Staff Recommendation: Staff recommends that Council approve 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. The area proposed for inclusion within the Detail Site Review zone is identified on the attached Exhibit A, and encompasses a swath of land approximately ISO-feet in depth, as measured from the adjacent right of way. The proposed amendment will insure that University sponsored projects along Ashland Street, such as the mixed-use student housing project, will be subject to the same design standards applied to abutting commercially- zoned properties located to either side of the SOU District. Background: On May 18th, 2010, the Council adopted the 2010 to 2020 - SOU Campus Master Plan Update with the proposed modifications suggested by the Planning Commission, and approved 1st readings on 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: . incorporated the SOU Master Plan as a supporting document in the Comprehensive Plan . referenced the Master Plan in AMC 18.64 . amended the City zoning map The Planning Commission recommended including the area along Ashland Street within the Detail Site Review Zone, as well as exempting development within this area from the maximum floor area requirement (FAR) standards as set forth in sections II-C-2a(l) of the Site Design and Use Standards. The proposed ordinance amends the Detail Site Review Zone and provides an exemption from the Floor Area Ratio (FAR) as endorsed by the Council's motion on May 18,2010. Related City Policies: Ashland Comprehensive Plan - Public Services Element Goal: To make maximum effort toward utilization of present andfuture educational and recreational facilities and resources through public, private and city cooperation. Page 1 of2 rj.' CITY OF ASHLAND Council Options: The Council may move to approve first reading of an ordinance that establishes the Detail Site Review zone along the north side of Ashland, between Wightman and Walker Avenue, and exempts the area from the Floor Area Ration standard, as recommended by the 20 I 0 SOU Master Plan Potential Motions: 1. Move approval of 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., and exempting this area from the Floor Area Ratio standard as set forth in section II-C-2a(1) of the Site Design and Use Standards Attachments: 1. Ordinance #1: An ordinance extending the City of Ashland Detail Site Review Zone for consistency with the 2010 Southern Oregon University Master Plan. o Exhibit A - Area included within Detail Site Review Zone , Note: The latest version of the 2010 to 2020 - SOU Campus Master Plan Update can be viewed on the City of Ashland website at: http://www.ashland.oLus/SOU Page2of2 r~' ORDINANCE NO. AN ORDINANCE EXTENDING THE CITY OF ASHLAND DETAIL SITE REVIEW ZONE FOR CONSISTENCY WITH THE 2010 SOU CAMPUS MASTER PLAN Annotated to show deletions and additions to the code sections being modified. Deletions are bold"" ~ <L _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. Citv 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, the updated SOU Plan map incorporated into the Ashland Comprehensive Plan shows the extension of the detailed site design review zone, and WHEREAS, the City of Ashland Zoning Map must be amended to be consistent with the City of Ashland Comprehensive Plan 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 Ashla':ld Zoning Map 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 : RECITALS. The above recitals are true and correct and are incorporated herein by this reference. Page 1 of 2 SECTION 2. The officially adopted City of Ashland Zoning and Land Use Control Maps, adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby amended to extend the Detail Site Review (DSR) zone designation to approximately acres of land located: (1) along Ashland Street between Walker Avenue and Wightman Street within 150 feet of Ashland Street right-of-way and (2) along Walker Avenue between Ashland Street and south of Webster Street within 150 feet of the Walker Avenue right-of-way in the SOU Zoning District within the City limits of the City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit A, and made a part hereof by this reference. Notwithstanding their inclusion in the Detailed Site Review Zone, developments in these designated areas shall be exempt from the maximum floor area requirement in Section II-C a (1) of the Site Design and Use Standards. 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 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, and amendments - including map amendments, combined, provided however that any Whereas clauses and boilerplate provisions and text descriptions of the map amendments (i.e. Sections 1, 3 and 4) 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 ~ >- t: (J) 0: w ~ % :> ~OD % o FRE T Staff Exhibit A - Approximate Area Included within Detail Site Review Zone CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Economic Development Strategy Update June 1,2010 Primary Staff Contact: Adam Hanks Administration E-Mail: adam{@.ashland.oT.us N/A Secondary Contact: Martha Bennett Martha Benne Estimated Time: 30 Minutes Question: Does the Council have questions about the status report on the Economic Development Strategy process and the upcoming proposed citizen involvement plan? Staff Recommendation: Staff recommends Council provide feedback on the draft citizen involvement plan with the understanding that the timing and exact number ofthe proposed activities and events have not yet been determined or scheduled. Background: The creation of an Economic Development Strategy is a City Council Goal and funding for the project was provided through changes in the rate and allocation of the transient occupancy tax (TOT) in 2009. The Council Goal is as follows: . The development and implementation of a comprehensive economic development strategy for the purpose of . Diversifying the economic base of the community . Supporting creation and growth of businesses that use and provide local and regional products . Increasing the number offamily-wagejobs in the community . Leveraging the strengths of Ashland's tourism and repeat visitors Strategy Process As approved by the City Council in July of2009, the strategy development begun by building from the Economic Opportunities Analysis (EOA) and draft implementation plan work completed by ECO Northwest for the City in 2007. In the fall of2009, the Council approved the Mayor's appointments of22 citizens and stakeholders to an ad hoc Economic Development Strategy Committee. The Committee was divided into two groups, a Policy Group and a Technical Advisory Committee (TAC). The two groups met six times over three months and each developed a list of values, trends and strengths, weaknesses, opportunities and threats (SWOT). This data was used to develop a future economic vision for the Ashland. This draft vision is one of the elements that will go out for public comment. Page 1 of4 r~., CITY OF ASHLAND Draft 2030 Economic Vision Statement Ashland is a vibrant and livable community, enjoying a unique combination of performing and visual arts, natural beauty, outdoor recreation, business entrepreneurship and urban services. with a small-town openness and friendliness. Our economy is adaptive. resilient, and flexible, built on a world class foundation of the arts, Southern Oregon University and a creative business sector that thrives on innovative and imaginative solutions to local, regional and global opportunities and challenges. The economic health of the community relies on the support and successes of our local businesses, excellent education, high quality public services and targeted tourism and entrepreneurial programs all integrally connected by an ongoing community commitment to sustainable practices. Ashland has a prevailing pioneer spirit where small is beautiful. all voices have value. visitors are welcome and cutting edge ideas can germinate and grow. Draft Strategies The two groups combined to create an initial list of over 50 potential strategies, or ideas/direction, to address Ashland's current local economy's weakness and build on its strengths to achieve the stated vision for our economic future. The potential strategies were individually ranked and prioritized by each group member and the composite scores were used to provide an initial raw sort of the strategies. The trends, values and SWOT data and vision statement, along with the original Council goal statement, formed the baseline for the discussion, prioritization and selection of draft strategies. During the sorting process, it was determined that some ofthe 50 items listed as strategies are specific actions that are too narrow, while others are redundant or shared a similar theme with other listed strategies. The end result of the sorting process was an agreed upon "first cut" of Proposed Draft Strategies. The strategies that "missed the cut" will still be tracked and provided as part of future discussions. NEXT STEPS As discussed with both the Policy Group and the T AC the Proposed Draft Strategies are now ready to be presented to the public for comment. Staff is developing a multi-part public involvement process. The public input will be used to refine and finalize the vision, narrow and prioritize the draft strategies, and begin development of specific action plans to implement the strategies. The proposed public involvement process has four basic parts: Citizen Involvement Focus Groups Approximately ten focus groups formed by category including the following: . Specialty Manufacturing . Creative Arts cluster . Workforce Development . Healthcare/Eldercare Page 2 of4 r~' CITY OF ASHLAND . Sustainability Cluster . Venture Capital Investment/Entrepreneurs . Restaurants/Retail/Lodging . Housing & Diversity . LaborlWorker Each focus group will be made up of eight to ten individuals with a keen interest or particular expertise in each category. The groups will be professionally facilitated and designed to illicit meaningful and relevant input and also ensure consistency of process. Public Forums/Open Houses An afternoon and an evening forum to present general economic development background information, current strategy process and content as well as provide opportunities for question and answer and individual input. Targeted Group Presentations Staff and/or Policy Group members will make presentations to groups that have specifically requested discussions. Online Ouestionnaire A series of questions consistent with the focus group methodology with an additional text box for general comment/input available throughout the citizen involvement process. Implementation Planning The Policy Group will review the input received and refine the Proposed Draft Strategies. Both the Policy Group and T AC will then shift to discussing the actions that will be required to implement each of the final strategies. Each supporting action will contain a timeline, a lead agency/partner/entity and an associated metric for progress/success. The implementation planning will assist the Group in assigning final prioritization and focus to each of the strategies and will also provide a framework for overall strategy progress tracking and communication to the City Council and the public. Final Adoption The complete Economic Development Strategy and supporting documents will be provided to the City Council for review, adjustment and approval. Staff anticipates the draft strategic plan will be completed in 2010. Staff is working to ensure adoption prior to the FY 2011-2012 budget process. Related City Policies: Economic Opportunities Analysis, March 2007 Ashland Comprehensive Plan Chapter III, Citizen Participation Chapter VII, The Economy City Council Goals, 2009-20 I 0 Page 3 of4 ~~, CITY OF ASHLAND Council Options: 1) Accept proposed draft citizen involvement plan outline 2) Request Staff to modify the proposed draft citizen involvement plan outline for review on a future Council meeting agenda. Potential Motions: 1) I move to accept the proposed draft citizen involvement plan outline as stated in the Council Communication in this meeting packet. 2) I move to request staff to modify the proposed draft citizen involvement plan outline and present for review on a future Council meeting agenda Attachments: Proposed Draft Strategies - Priority List Remaining Strategies (not selected for initial public comment) Additional background information on the Economic Development Strategy can be accessed at www.ashland.or.us/econdev Page4of4 r~' CITY OF ASHLAND Draft Proposed Strategies Business & Economic Growth Develop a set of target industry clusters/sectors to guide business cultivation, research and job training strategies Ensure a wide range of income opportunities, with a focus on growing the total number of familv wage iobs in the private sector. Provide a system or mechanism for private investment/capital in local businesses Increase the viability of the existing tourist based economy by increasing tourism in the fall, winter and spring, as well as by diversifying the types of events and activities for our visitors Develop a program for ongoing and coordinated efforts on local business retention and expansion Civic Communitv/Collaboration Increase partnership/involvement with local and regional partners to leverage strengths where mutually beneficial Leverage and connect/match up existing local business expertise with small business needs Create and define quantifiable community "Quality of Life" indicators to measure economic development strategy success Diversi !Inclusion Ensure that all needed housin es are available across all income levels Embrace and celebrate diversity so all people can succeed in Ashland, regardless of age, income, race, ethnicity, religion, national origin, sexual orientation, h sical ability or olitical beliefs Education/Workforce Develooment Provide local educational & technical skills development to match business workforce needs Trans ortationlUtili Infrastructure/Public Services Ensure efficient and quality infrastructure for public and private use with a variety of financing options and opportunities while assuring adequate land supplies are available for needed business owth/expansion Manage physical development in such away that provides public services at the lowest responsible cost, improves environmental quality, and enhances Ashland's uali of life Ensure Downtown/Plaza is a communi hub & vibrant economic center > Economic DEVELOPMENT STRATEGY Enhancing economic strength in community Considered, Not Recommended Business & Economic Growth Expand on the tourist/visitor and creative arts clusters Create and promote a sustainability business cluster, leverging common technologies and technical expertise Promote and develop Ashland as a center for sustainability: conferences, research, education, incubation of emergin~ business oDDortunties, etc Expand and develop the emerging film/tv cluster through local, regional and state coordinated efforts Civic Communi /Collaboration Take advantage of compatible regional, state and federal economic development efforts Create an ongoing communication forum/system for community economic development issues (Economic Development Commission, Advisory Board, coalition, etc) Encourage and develop systems for local business to business transactions, reducin imports and increasin local multi lier Prepare a periodic measure of imports, especially in basic goods and services, to underscore where local consumer demands may already exist to identify new locall owned business 0 ortunities. Diversi /lnc1usion Increase the" oun famil Increase the availabili of more diverse recreational facilities Increase and promote opportunities for community and civic interaction (two- wa for residents web, kiosk, forums, etc) Education/Workforce Develo ment Connect "budding" entrepreneurs with established businesses and community leaders (local mentorin ro am) Increase K-I2/RCC/SOU student intern work in the community (non-profit, overnment, rivate) Trans ortation/UtiIi Infrastructure/Public Services Plan for an identifiable "University District" to strengthen Ashland's feel as a university town Expand programs that creative incentives for businesses to conserve energy, water, and other natural resources. Provide a clear and understandable process for all phases of the land development & construction process, including site selection, data collection, zoning approval, construction plan approval and utility/infrastructure review, a roval and installation CITY OF A.SHLAND Economic DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF' ASHLAND Develop and maintain a set of local economic data for ongoing economic development related decision making Develop mechanisms to maximize the use oflocal products and services for local government/non-profit operations (i.e. purchasing, banking policies, etc) Ensure Ashland Fiber Network remains current and viable in the telecommunications market Provide a stable local power grid with competitive rates . Secure long term water stability Provide efficient infrastructure for all modes of transportation for personal, business and visitor uses Preserve and expand Ashland's system of parks, trails, and open space, both inside and outside of the formal city limits boundary Ensure public facilities are utilized to full extent (land and buildings) Ensure the long-term viability of public transit services that meet the needs of employers and workers as well as residents. Maintain a "real-time" available lands inventory to ensure a supply of lands are available for the needs of the business community > EconornicDEvELOPMENT STRATEGY Enhancing economic strength in community CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to Green Burials June 1,2010 Primary Staff Contact: Public Works/ Cemetery E-Mail: Public Works Secondary Contact: Martha Bennet Estimated Time: Michael Faught faughtm@ashland.oLus Michael Morrison 5 Minutes Question: Should the City Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Green Burials at City Cemeteries and Amending AMC 2.64.160"7 Staff Recommendation: Staff recommends Council approve Second Reading by title only. 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, and embalming will either not be done at all, or it will be done with all natural materials. Many people are now requesting "green burials;" however, with the current ordinance this cannot be allowed. The use of a liner was originally done to minimize settling and therefore minimize maintenance in the cemeteries. 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 and allow us to provide a service that currently cannot be provided. Allowing the Public Works Director or his/her designee to determine where "green burials" will take place within the cemetery will help to minimiz~ the settling by only allowing those burials to take place in areas where settling is less likely to occur or where some settling will not cause a problem. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (I) Move to approve 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 I of I r~' / 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 ,. ~,.. . 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 areen burial must take place at the time of purchase. For purposes of this ordinance a "areen burial" is a burial that takes place without the use of formaldehvde-based embalminq, metal caskets, and concrete burial vaults. Ordinance No. Page 1 of 2 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 of 2 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 Second Reading of an ordinance titled, "An Ordinance Relating to the Disposal of Surplus Property"? Staff Recommendation: Staffrecommends Council approve Second Reading by title only 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 10, Ordinance adoption provisions Council Options: 1) Move to approve Second Reading. 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. Attachments: . Proposed ordinance Page 1 of I ri. ., ORDINANCE NO. AN ORDINANCE RELATING TO THE DISPOSAL OF SURLUS PROPERTY Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ... .L . 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 against the 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. 8, 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 and/or 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 CITY OF ASHLAND Council Communication Implementation of Emer~ency Response Cost Recovery Pro~ram Meeting Date: June 1,2010 Primary Staff Contact: John Karns Department: Fire Department E-Mail: karnsj@ashland.oLus Secondary Dept.: Administration Secondary Contact: John Karns Approval: Martha Benne Estimated Time: 10 minutes Question: Should the Council approve First reading of an ordinance titled, "An Ordinance Establishing and Implementing a Program to Charge User Fees for the Deployment of Public Safety Services Rendered by the City of Ashland, Ashland Fire and Rescue"? Staff Recommendation: Staffrecommends approval of First Reading of the proposed ordinance to AMC Chapter 10.00.00.000, which establishes charges and rates for cost recovery for certain emergency responses by Ashland Fire and Rescue. Background: Emergency services response activity to incidents continues to increase each year. Environmental protection requirements involve an increased level of equipment and training. Hazardous materials accidents can create substantial demands on all operational aspects of emergency services. Motor vehicle accidents (MY A) are requiring an increasingly complex array of extrication equipment due to modem vehicle construction and materials. Hydraulic extrication equipment that was adequate several years ago may not allow for a timely victim extraction in today's automobiles. Ashland Fire and Rescue has investigated numerous methods to maintain a high level of emergency service capability in times of increasing service demands and fiscal challenges. Many motor vehicle accidents and hazardous materials incidents involve individuals not owning property or paying taxes in the City of Ashland. Additionally, in jurisdictions where there is an effective response by fire and rescue services, insurance carriers realize a decreased cost through 6mely and effective management of emergency situations, saving lives and reducing property damage. The City of Ashland staff desires to implement a fair and equitable procedure by which to collect said emergency service fees involving hazardous materials spills and motor vehicle accidents and shall establish a billing system in accordance with applicable laws, regulations and guidelines. Related City Policies: . Section 10.00.00.000 of the AMC deals with public peace, Morals and safety . ORS 478.310 (2) (a) deals with the Oregon State Fire Marshal's standardized costs schedule, specifically Section III-B. . Rates for recovering costs shall be those established in accordance with the Oregon State Fire Marshal's standardized costs schedule as specified in ORS 478.310(2) (a), and as hereinafter amended. Page lof 2 r~' CITY OF ASHLAND . Fees will be based on both direct (apparatus, personnel, and miscellaneous supplies and services) and indirect (billing and collection costs). No fees will be charged for the direct provision of emergency medical treatment and supplies. . Billing for emergency services will be through a contracted third-party vendor with knowledge of applicable laws and regulations. Fiscal Impact~ This program should generate approximately $15,000 to $18,000 annually depending upon response activity. Council Options: (1) Move to approve First Reading and adopt the ordinance. (2) Postpone c:onsideration of the propose ordinance. Potential Motions: . I move that the City Attachments: Proposed Ordinance Exhibit A: Ashland Fire and Rescue Hourly Reimbursement Rate B: Oregon State Fire Marshal's Standardized Cost Schedule C: Oregon Revised Statute 478.310 Page2of2 ~.l' ORDINANCE NO. AN ORDINANCE ESTABLISHING AND IMPLEMENTING A PROGRAM TO CHARGE USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES RENDERED BY THE CITY OF ASHLAND, ASHLAND FIRE & RESCUE Annotated to show deletions and additions to the code sections being modified. Deletions are bold "M" OL 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 thi~ 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; and WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule cOr)stitutional 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 emergency services response activity to incidents continues to increase each year; environmental protection requirements involve an increased level of equipment and training. Hazardous materials accidents create substantial demands on all operational aspects of emergency services. Motor vehicle accidents are requiring an increasingly complex array of extrication equipment due to modern vehicle construction and materials, and WHEREAS, Ashland Fire and Rescue has investigated numerous methods to maintain a high level of emergency service capability in times of increasing service demands and fiscal challenges, and WHEREAS, many motor vehicle accidents and hazardous materials incidents involve individuals not owning property or paying taxes in the City of Ashland, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: The City of Ashland Fire and Rescue Services shall initiate user fees for the delivery of Fire and Rescue Services, personnel, supplies and equipment to the scene of motor vehicle accidents and hazardous materials incidents as listed in "EXHIBIT A". The rate of user fees shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in "EXHIBIT A", which Ordinance No. Page 1 of 2 may include any services, personnel, supplies, and equipment and with baselines established by.addendum to this document. SECTION 2: The user fee shall be filed to the responsible party, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. In the event services are required relating to utilities causing safety problems to highway areas, and if the area is deemed unsafe by emergency responders, the same billing process shall apply to said utility, whose equipment related problems cause for an emergency services response. The claim costs shall be filed to the insurance coverage of the owner of a vehicle, owner of property, or responsible parties. SECTION 3: The City of Ashland's City Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this Section, as they may deem necessary or expedient in respect to billing for these fees or the collection thereof. SECTION 4: It is found and determined that all formal actions of this City Council concerning and relating to the adoption of this Ordinance were adopted in open meetings of this City Council, and that all deliberations of this City Council and any of its committees that resulted in such formal actions were in accordance with all legal requirements, and the Codified Ordinances of the City Council. SECTION 5: This Ordinance shall take effect at the earliest ti.me permitted by law. SECTION 6: These user fees for motor vehicle accidents (MV A) and hazardous materials incidents will only apply to persons not residing within the City of Ashland as the residents within the city boundaries currently subsidize emergency service costs through their property taxes. Responses involving intoxicated drivers, hazmat clean-up, and negligent acts may be subject to all applicable fees regardless of residency. 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 of 2 EXHIBIT A ASHLAND FIRE and RESCUE HOURLY REIMBURSMENT RATE APPARATUS TYPE I I TYPE II TYPE III I TYPE IV TYPE V I TYPE VI STRUCTURAL ENGINE (May Have Off-Road BRUSH (With Off-Road BRUSH (With Off-Road Capability) (Meets 1901 Capability) Capability) Standards) Pump (GPM) 1000 + 500 - 999 120 70 50 50 Tank (Gallons) r400 ' 400 >300 < 750 500 200 ($ 1 OO/Hr) ($80/Hr) ($60/Hr) ($40/Hr) ($30/Hr) ($25/Hr) TRUCK Aerial Elevated Master Stream N/A N/A N/A N/A ($ 150/Hr) ($100/Hr) EQUIPMENT/ PERSONNEL In Use N/A N/A N/A N/A N/A TRANSPORT" Only ($20/Hr) COMMAND VEHICLE" ($ 15/Hr) N/A N/A N/A N/A N/A MOBILE COMMAND ($100/Hr) N/A N/A N/A N/A N/A CENTER Personnel Reimbursement Costs a) Career Firefighters Whenever aid is supplied the reimbursement compensation paid to employees during the time such incidents will be at the current applicable overtime rate as scheduled in the current budget. Exhibit B ADlIlINISIl\ATION DMSlON BOJmg s.:_ mdFomIS .hm' )007 2. STAlE FIRE MARSHAL STANDARDIZED COST SeHEpULE OREGON FIRE SERFICE MOBILIZATION PLlN EMERGENCY COl'<RACRATION ACT HOURLY REIMBliRSEMENT RAlE APPARATUS TYPE I I TYPEll n'PEm I n'PEI\' TYPE V I n'PE VI S1ltUCTURAI. ENGINE (Maylln'l! Olf-Road BRUSH BRlJSH ClIpability) (\\'lIh Olf-Road c.p.iri:Illy) (W1Ih Olf-Road Capollilily) ........-1901 Stmd!Jds\ ~(GPM) 1000+ 500-999 120 70 50 50 Tm (Galkms) 400 >300 $.750 500 200 4(10 ($100IlII) /5S01Hrl ~Hr) (SoIMfI) (ilO'lh) (lliIHr) WAIER. TENDER ~(GPM) 500 :lOO leO Tm (Gallims) 5000 2500 1000 N1A N1A NIA (17Mlr) ($5OiHrj (ilMlr) 1R.UCK A..w Elet>oted Mailer ~ ,,~ N/A N1A N1A NIA EQUIPMENT! PEl!5ONNEL In Use N1A N/A N1A N1A NIA TRANSPORT"- 0Dly fr1ll>H" COMMAND "ISi"" VEHIClE.. NlA N/A NlA N1A NIA RESCUE ""Si"" VEHIClE' N1A N/.~ NlA N1A NIA S~>Ii...l .....;,.......t "" appora_ shall be at . r.de negotiated wid> the Office of Stale Fm. M=haI, ..g., mobile ""...."...;"ti~, m';"IPn~....tll!p3it, fuoJ, city som.., aim:aft fuo, -";..,1, im~ HazMat, wvy roscue, water craft, ll>w tnd, air system, power pIams. No",: ~ nor ma1<:Jmrg ~ cTirsria (pump [GPMJ or rrmk {gailcmrJ) will b.. cl""sf/istJ '" r/r6 mDf!it rMrictiwr (lpor. e.g.. an engim1 with a _ qf J 00 GPM ..7tb a :> 300 galkm rrmk wauld b.. classsd as a T)pt1 IV engine. A ,smi.,. wirlt a 250 GPM _ and :woo gallorr rrmk wauld b.. cl=Bd "" a T)pt1 D tendsr. * No",: lnclmJe. -a;c IDIitt smi ambultmces. **NoIB: WIlen a pril;ato voIriclB if used. th6 staItJ rBinrbunBS mil_ mrlr. m~.2 d6:l~~ Exhibit C 478.310 Response to fire or public safety incident outside its own territory by district or municipality; (1) When a fire or public safety incident occurs outside the limits of a district or of a city and help is asked of the district or city, the fire-fighting or public safety apparatus and force of the district or city.may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident in the other unprotected or inadequately protected district or territory. However, the district or city so responding shall be paid the contract or reasonable value for use, including repairs and depreciation, of the apparatus and equipment so used and other expenses reasonably incurred in furnishing the fire-fighting or public safety service. (2) When a district or city responds to a call for assistance arising from an incident involving an airplane crash or an occurrence on a transportation route within the city or district, the district or city may recover from the person or property receiving the direct fire or safety services as a result of the incident any cost incurred for the following: (a) The contract or reasonable value of the use, including repairs and depreciation, of the apparatus and equipment used in accordance with a state standardized-costs schedule issued by the State Fire Marshal; and (b) Other expenses or costs reasonably incurred in furnishing the assistance, as adopted by the service provider. (3) As used in this section, "transportation route" means a roadway, waterway or railroad right of way against which no taxes or assessments for fire protection are levied by the district or city. (4) The provisions of this section do not apply to fire incidents involving only forest resources that occur on lands protected under ORS chapter 477. [Amended by 1969 c.667 g23; 1983 c.572 gl; 1987 c.834 g2; 1997 c.274 g38]