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Home My WebLink About2010-0629 Regular Mtg PACKET CITY OF ASHLAND AGENDA FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 29, 2010 Civic Center Council Chambers 1175 E. Main Street Note: Iterns on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] X Study Session of June 14,2010 v.' 7 Executive Session of June 15, 2010 o Regular Meeting of June 15,2010 V. CONSENT AGENDA [5 minutes] 1. .--will Council approve the minutes of Boards, Commissions, and Committees? vv. Does Council wish to approve a liquor license Application for Lori Del Rosario dba Vinyl , L Club at 130 Will Dodge Way? V;j. Does Council wish to approve a liquor license application from Jaime Nichols dba French Kiss at 60 E Main Street? 4. Does Council have any questions about the Fixed Asset Capitalization Policy as presented? 5. ....-Does Council have ques . e Financial Oversight Policy? ~ Should Council appro a resolutio adjust budget appropriations for changes in ~perational expenses to main in compliance with I.Y Will Council approve the proposed contract wit e Chamber of Commerce r FY201 0 - _ J.l:l11 in the amount of $280 . uY'~!1l Council approve Inter overnmental a ree . he Rogue Valley Council of Governments (RVCOG) to conduct pu IC outreach and education efforts as required by _ /the City's NPDES, Phase II Stor ml . \)Y. Does Council wish to enter.' 0 an ter overnmental A reement with ergency Communications of Southern Oregori to provide . tch Services to "^ ~hland? ' ~~~ould the Council authorize signature of n Inter overnmental Agreement Jackson County to provide building inspection services. ' COUNCIL IVIEETINCiS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEll SITE AT WWW.ASHLAND.OR.US VI. 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 J!uo tinued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of uncil (AMC S2.04.050}) . Does Council wish to ad a resolution ad . g the Ashland Fire and Rescue cost recovery fee schedule? [ u es VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people . wishing to speak to complete their testimony.) [15 minutes maximum] VIII. INISHED BUSINESS Will the Council approve Second Reading of vn 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? [5 . J Minutes] V. Will Council approve Second Reading 'Jf "n ordinance to levy taxes for the period of July .~ ~ 2010 to and including June 30, 2011? 5 Minutes] V ~~es Council wish to ado a resolution ing a recommendation to Jackson County on issues to be addressed prior to adoption of the Greater Bear Creek Valley Regional Problem Solving (RPS) Plan? [20 minutes] IX. NE AND MISCELLANEOUS BUSINESS Does Council wish to make appointments to the Audit Committee for the at-large member position and the Councilor/Mayor liaison position? [5 Minutes] 2. Which four legislative priorities would the Council select as the top priorities for the League of Oregon Cities (LOC) during the 2011 session of the Oregon Legislature? [10 Minutes] 3. Will Council adopt the City Council Values and Vision Statements? [10 Minutes] 4: Does Council agree with the staff recommendation to administratively implement the classification system for non-bargaining employees but defer changes in compensation amounts to future fiscal years in response to the Classification and Compensation Study completed this spring? 5. Does Council wish to app ve a Resolution cI 'fying certain conditions of employment for Management and Confiden la mployees, repealing Resolution 2008-26? [30 Minutes] 6. Does Council have any direction for staff regarding the draft ordinance titled, "An Ordinance Creating Chapter 11.43 Relating to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020"? [10 Minutes] X. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Does the Council approve the first reading the remaining ordinances adopting Chapter 18.53 Croman Mil and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments, and request the complete set of six ordinances to be scheduled for second reading? 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. Mav 4. 2010. Mav 26.2010. June 1. 2010. and June 15. 2010 Council meeting agendas. XI. 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 err',' OF ASHLAND'S WEB SI'I'E AT WWW.ASHLAND.OR.l!S \ CITY COUNCIL STUD Y SESSION June /4,2010 Page 1 of4 MINUTES FOR CITY COUNCIL STUDY SESSION ~onday,June14,2010 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room. Councilor Silbiger, Voisin; Chapman, Lemhouse and Jackson were present. Councilor Navickas arrived at5:51 p.m. 1. Look Abead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Does tbe Council bave any questions about tbe draft of the City Council Values and Vision Statement that will be proposed for adoption on June 29, 20101 City Administrator Martha Bennett explained Council Values received overwhelming public support, and described the challenges with some of the negative comments received from public input regarding Free Expression, Independence and Personal Well Being. For Council Vision Statements, she removed adjectives per public request, replaced language for the Economic Development Strategy Vision and kept the overall focus positive. 3. Does the Council have questions about tbe Water Conservation and Reuse Study and Comprebensive Water ~aster Plan presentation aimed at providing a project update, program overview and next steps? Public Works Director Mike Faught noted a member correction to the Ashland Water Advisory Committee (A W AC) that replaced Vanya Sloan with Don Morris. He introduced Project Manager David Kraska from Carollo Engineers and Richard Whitley from The Real Life Training Group and Chair of the AWAC. Mr. Kraska explained the approach the City was taking for the project was unique. The typical approach is Decide, Announce and Defend and can lose credibility. One of the goals for the Water Master Plan was starting the public process early and understanding the goals of the community. He provided a presentation that included: Water Conservation & Reuse Study (WCRS) & Comprebensive Water ~aster Plan (CWMP) . Project Overview: a. Ashland's water supply systems, its challenges, and identified options b. Scope and schedule of the study . Community Involvement: a. Explain how the public will be involved b. Discuss the concept and progress on Level of Service (LOS) Goals . Ashland Water Supply System - Arial of System . Raw water from both sources is treated at the Ashland WTP . Potable water flows from the WTP to the distribution system . The Ashland CreeklReeder Reservoir supply is vulnerable . Reeder Reservoir is vulnerable to drought a. Led to voluntary and mandatory curtailments in 2009 b. May be vulnerable to climate change . TID supply adds reliability but is still dependent on the same WTP CITY COUNCIL STUDY SESSION June 14, 2010 Page 2 0[4 I. When the WTP is not in service, there is not potable supply to the City 2. WTP is vulnerable to landslides, floods, forest fires 3. In 1997, mudslide led to a water shortage for 2 weeks 4. In 1974, it was out for around a month . In the future, these challenges may become worse I. Climate change 2. Future demands 3. Aging infrastructure 4. More stringent environmental standards . Comprehensive Study . Two Plans are being prepared to provide the comprehensive study I. Comprehensive Water Master Plan (CWMP) and the Water <;:onservation and reuse Study (WCRS) a. Demand projections to 2058 b. Climate change c. Security and redundancy d. Watershed and stream health e. Conservation and reuse f. Evaluate supply altematives, defining the: -Capacity and cost of development -Environmental, economic, political, and public perception issues -Climate change impacts . The Comprehensive Water master Plan will implement the preferred solutions . This Study will consider an array of supply options I. Conservation 2. Recycled Water 3. Talent Irrigation District 4. Increasing raw water storage 5. Groundwater 6. Talent Ashland Phoenix (TAP) Pipeline 7. Second WTP 8. Other Ideas . The A W AC will assist Council decision making - Organizational Chart . The A WAC's Level of Service (LOS) goals will form the foundation of the water supply plan: Water Supply Capacity, Redundancy, Reliability, Regulatory I. A WAC - Establish Level of Service (LOS) Goals 2. Consultants - Identify Water Supply Alternatives that Meet the LOS Goals 3. A WAC - Evaluate Packages According to the Criteria (Environmental, Life-cycle costs, Community impacts and values) 4. City Council- Select A WAC's Preferred Water Supply Plan . Progress Made to Date I. Held three A WAC meetings (one open house) 2. Initiated selection of LOS Goals and received initial direction from the A WAC a. Capacity - consider 5%-15% conservation levels Staft'clarified the 5%-15% capacity was in addition to current conservation levels. Mr. Kraska explained in traditional water master planning historical water demands are studied to determine gallons per capita per day and how it trends. Currently the' annual average water use in Ashland is approximately 154 gallons per capita per day. During peak use, it is 174 gallons per capita per day. Results from studying CITY COUNCIL STUD Y SESSION June 14,2010 Page 3 of4 trends in water use assist in establishing additional conservation levels that are realistic. To achieve saving water, conservation efforts need to occur during summer months. b. Reliability - 45% curtailment Staff confirmed the percentage was 45% normal usage at the time of curtailment during summer. c. Redundancy - provide redundancy, Staff added ground water supply extended to Mt. Ashland, surrounding Cascades and the TID pipeline for emergency sources of water as well as researching Well Logs. d. Regulatory - meet regulations 3. Completed initial work tasks: Gap analysis and Demand Analysis and Projections a. Gap Analysis b. Demand analysis and projections 4. Initiated work on the evaluation ofthe individual supplies 5. Initiated valuable discussion on important topics . Upcoming Work Tasks I. Evaluate the potential capacity and cost of individual water supplies 2. Evaluate the impact of climate change on water supplies 3. Begin the analysis of the City's distribution system (pipes, pump stations and reservoirs) . The project will be complete in early 2011 and there are many opportunities for involvement . Questions - From the Mayor: a. How much conservation does the City want? b. What amounts of redundancy does the City want? Staff will use the data gathered from previous studies for the Master Plan. The current study will include climate change and Level of Service goals. Staff explained the Master Plan would incorporate life cycle replacement for the system and the staffing required for maintenance. Mr. Kraska continued with a brief presentation on the Potential Level of Service Goals - Water System Redundancy: . Maintain the current level of water supply risk - no readily available backup supply, potential supply outage of weeks with related risks . Implement redundant supply project to restore fire protection and supply for indoor water use shortly after a treatment plant outage . The two raw water sources provide supply redundancy - Arial of Water Sources . Multiple reservoirs, pump stations and pipelines: distribution redundancy Strawberry Reservoir, granite Street Reservoir, Crowson Reservoir, TID Creek, Alsing Reservoir . The single treatment plant limits overall water supply redundancy . The WTP is vulnerable to shutdowns from several risks o Earthquakes, landslides from the adjacent hillsides o Rising waterlfloods from the adjacent creek o Water quality changes leading to treatment disruption . With the treatment plant offiine, only tanks supply water to the system . Overall, the reservoirs store enough water to meet demands for less than one day (excluding fire storage) - Supply Duration (hours) form Storage chart . As the tanks drain, water system pressure drops - draining the reservoirs completely can lead to a lack of protection for the potable water supply CITY COUNCIL STUDY SESSION June /4, 20/0 Page4of4 Staff further explained that in an emergency, the City would turn off the valves to the reservoir and notifY the public cease water use but the water already in the system would drain out. Mr. Kraska described normal water loss through the system from leaking pipes and other means for the City was less than 10%, and not worth the expense to improve the loss. He went on to explain that TAP water did not need to go through the WTP and in an emergency could be distributed through the system by connecting a hose to a lower elevation hydrant and using an engine driven pump to a hydrant in a higher elevation. Meeting adjourned at 6:53 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY COUNCIL STUDY SESSION June 14. 2010 Page I of4 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, Jnne 14, 2010 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room. Councilor Silbiger, Voisin, Chapman, Lemhouse and Jackson were present. Councilor Navickas arrived at 5:51 p.m. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Does the Council have any questions about the draft of the City Council Values and Vision Statement that will be proposed for adoption on June 29, 2010? City Administrator Martha Bennett explained Council Values recei~ed overwhelming public support, and described the challenges with some of the negative comments received from public input regarding Free Expression, Independence and Personal Well Being. For Council Vision Statements, she removed adjectives per public request, replaced language for the EconomIc Development Strategy Vision and kept the overall focus positive. 3. Does the Council have questions about the Water Conservation and Reuse Study and Comprehensive Water Master Plan presentation aimed at providing a project update, program overview and next steps? Public Works Director Mike Faught noted a member correction to the Ashland Water Advisory Committee (A WAC) that replaced Vanya Sloan with Don Morris. He introduced Project Manager David Kraska from Carollo Engineers and Richard Whitley from The Real Life Training Group and Chair of the AWAC. Mr. Kraska explained the approach the City was taking for the project was unique. The typical approach is Decide, Announce and Defend and can lose credibility. One of the goals for the Water Master Plan was starting the public process early and understanding the goals of the community. He provided a presentation that included: Water Conservation & Reuse Study (WCRS) & Comprehensive Water Master Plan (CWMP) . Project Overview: a. Ashland's water supply systems, its challenges, and identified options b. Scope and schedule'ofthe study . Community Involvement: a. Explain how the public will be involved b. Discuss the concept and progress on Level of Service (LOS) Goals . Ashland Water Supply System - Arial of System . Raw water from both sources is treated at the Ashland WTP . Potable water flows from the WTP to the distribution system . The Ashland Creek/Reeder Reservoir supply is vulnerable . Reeder Reservoir is vulnerable to drought a. Led to voluntary and mandatory curtailments in 2009 b. May be vulnerable to climate change . TID supply adds reliability but is still dependent on the same WTP CITY COUNCIL STUDY SESSION June 14. '2010 Page 2 of 4 I. When the WTP is not in service, there is not potable supply to the City 2. WTP is vulnerable to landslides, floods, forest fires 3. In 1997, mudslide led to a water shortage for 2 weeks 4. In 1974, it was out for around a month . In the future, these challenges may become worse I. Climate change 2. Future demands 3. Aging infrastructure 4. More stringent environmental standards . Comprehensive Study . Two Phins are being prepared to provide the comprehensive study 1. Comprehensive Water Master Plan (CWMP) and the Water Conservation and reuse Study (WCRS) a. Demand projections to 2058 b. Climate change c. Security and redundancy d. Watershed and stream health e. Conservation and reuse f. Evaluate supply alternatives, defining the: -Capacity and cost of development -Environmental, economic, political, and public perception issues -Climate change impacts . The Comprehensive Water master Plan will implement the preferred solutions . This Study will consider an array of supply options I. Conservation 2. Recycled Water 3. Talent Irrigation District 4. Increasing raw water storage 5. Groundwater 6. Talent Ashland Phoenix (TAP) Pipeline 7. Second WTP 8. Other Ideas . The A W AC will assist Council decision making - Organizational Chart . The AWAC's Level of Service (LOS) goals will form the foundation of the water supply plan: Water Supply Capacity, Redundancy, Reliability, Regulatory I. A WAC - Establish Level of Service (LOS) Goals 2. Consultants - IdentifY Water Supply Alternatives that Meet the LOS Goals 3. A W AC - Evaluate Packages According to the Criteria (Environmental, Life-cycle costs, Community impacts and values) 4. City Council- Select A WAC's Preferred Water Supply Plan . Progress Made to Date I. Held three A W AC meetings (one open house) 2. Initiated selection of LOS Goals and received initial direction from the A W AC a. Capacity - consider 5%-15% conservation levels Staff clarified the 5%-15% capacity was in addition to current conservation levels. Mr. Kraska explained in traditional water master planning historical water demands are studied to determine gallons per capita per day and how it trends. Currently the annual average water use in Ashland is approximately 154 gallons per capita per day. During peak use, it is 174 gallons per capita per day. Results from studying CITY COUNCIL STUDY SESSION June 14. 2010 Page 3 of 4 trends in water use assist in establishing additional conservation levels that are realistic. To achieve saving water, conservation efforts need to occur during summer months. b. Reliability - 45% curtailment Staff confirmed the percentage was 45% normal usage at the time of curtailment during summer. c. Redundancy - provide redundancy Staff added ground water supply extended to Mt. Ashland, surrounding Cascades and the TID pipeline for emergency sources of water as well as researching Well Logs. d. Regulatory - meet regulations 3. Completed initial work tasks: Gap analysis and Demand Analysis and Projections a. Gap Analysis b. Demand analysis and projections 4.. Initiated work on the evaluation of the individual supplies 5. Initiated valuable discussion on important topics . Upcoming Work Tasks I. Evaluate the potential capacity and cost of individual water supplies 2. Evaluate the impact of climate change on water supplies 3. Begin the analysis of the City's distribution system (pipes, pump stations and reservoirs) . The project will be complete in early 2011 and there are many opportunities for involvement . Questions - From the Mayor: a. How much conservation does the City want? b. What amounts of redundancy does the City want? Staff will use the data gathered from previous studies for the Master Plan. The current study will include climate change and Level of Service goals. Staff eXplained the Master Plan would incorporate life cycle replacement for the system and the staffing required for maintenance. Mr. Kraska continued with a brief presentation on the Potential Level of Service Goals - Water System Redundancy: . Maintain the current level of water supply risk - no readily available backup supply, potential supply outage of weeks with related risks . Implement redundant supply project to restore fire protection and supply for indoor water use shortly after a treatment plant outage . The two raw water sources provide supply redundancy - Arial of Water Sources . Multiple reservoirs, pump stations and pipelines: distribution redundancy Strawberry Reservoir, granite Street Reservoir, Crowson Reservoir, TID Creek, Alsing Reservoir . The single treatment plant limits overall water supply redundancy . The WTP is vulnerable to shutdowns from several risks o Earthquakes, landslides from the adjacent hillsides o Rising water/floods from the adjacent creek o Water quality changes leading to treatment disruption . With the treatment plant offline, only tanks supply water to the system . Overall, the reservoirs store enough water to meet demands for less than one day (excluding fire storage) - Supply Duration (hours) form Storage chart . As the tanks drain, water system pressure drops - draining the reservoirs completely can lead to a lack of protection for the potable water supply CITY COUNCIL STUDY SESSION June 14. 2010 Page 4 of 4 Staff further explained that in an emergency, the City would turn off the valves to the reservoir and notify the public cease water use but the water already in the system would drain out. Mr. Kraska described normal water loss through the system from leaking pipes and other means for the City was less than 10%, and not worth the expense to improve the loss. He went on to explain that TAP water did not need to go through the WTP and in an emergency could be distributed through the system by connecting a hose to a lower elevation hydrant and using an engirie driven pump to a hydrant in a higher elevation. Meeting adjourned at 6:53 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING June 15, 2010 Page I 0/8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 15, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Councilor Voisin announced the passing of Housing Commissioner Aaron Benjamin. Mayor Stromberg held a moment of silence in his honor. Mayor Stromberg noted vacancies on the Historic, Planning and Tree Commissions. City Administrator Martha Bennett added an item to the Consent Agenda from the Fire Department regarding the Title III Jackson County Funding Program for the Ashland Fire and Rescue as item #9. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes ofthe Special Meeting of May 26, 20 I 0, Executive Session of June I, 20 I 0 and Regular Meeting of June I, 20 I 0 were approved as presented. CONSENT AGENDA 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Does the Council wish to enter into an Intergovernmental Agreement with the City of Medford to provide police records assistance? 3. Should the Council adopt a resolution to provide a recommendation to Oregon Housing and Community Services (OHCS) to allocate more thau 50% of Oregon Homeownership Stabilization Program funding to the hardest hit counties in the State of Oregon in accordance with the U.S. Treasury Hardest Hit Housing Market? 4. Will the Council, acting as the Local Contract Review Board, approve the award of a public contract to Answer Page for a term of one year, with the option of two one-year extensions, for a total of up to three years? 5. . Does the City Council wish to confirm the Mayor's re-appointment of Nick Frost to the Housing Commission with a term to expire April 30, 2011? 6. Does Council wish to confirm the Mayor's appointment of Melody Noraas as the Parks Commission Liaison to the Forest Lands Commission with a term to expire April 30, 20 II ? 7. Will Council, acting as the Local Contract Review Board, approve a Special Procurement for the direct award of Aluminum Sulfate 48.5% from Rhodia for a term of five years? 8. Should Council approve the reappointment of Steve Minor, Anne Golden and Carol Christlieb as recommended by the Board of Directors for the Ashland Community Hospital? 9. Does the Council wish to approve a funding agreement between the City of Ashland and Jackson County for the Ashland Firewise Communities Recognition Program (Title 1I1)? Councilor Voisin/Silbiger m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion approved. ASHLAND CITY COUNCIL MEET/NG June /5. 20/0 Page 2 0[8 PUBLIC HEARINGS 1. Will Council adopt the Fiscal Year 2010-2011 Annual Budget as presented or with modifications? Administrative Services Director Lee Tuneberg explained this was the third phase of the budget process where the Council would adopt the budget approved by the Budget Committee or make modifications. The process included appropriations through resolution, qualifYing for state subventions, a new resolution to clarity sources and uses to the Reserve F!-,nd established last year and an ordinance setting the property tax rates as approved by the Budget Committee. He stated the extra 1.6cents was part of setting aside turn out equipment and hoses and included in the City's rate as an operating tax levy of the permanent rate. The Fire Department General Fund pays $30,000 into the Equipment Fund's sinking fund. Expenditures are incorporated in the total tax for the General Fund. He went on to explain the Community Development building is paid for by balances that have accumulated over time in the Capital Improvements Fund. Money is set aside to replace capital facilities every year and an actual balance grew because the City deferred a project. Appropriations transferred from the CIP into the Debt Service Fund are paid from that fund. The loan will be paid 2.5 years early and will reflect a reduction in internal payments by Public Works in 2012. Public Hearing Open: 7:22 p.m. Mina Turner/199 Almeda Drive/Amigo ClublIntroduced herself as the President of Ashland's Amigo Club that has provided citizen support to the Sister City of Guanajuato for 40 years. The current budget was inadequate and weakened the program. She requested the Council reconsider the Budget Committee's recommendation not to fund basic Sister City obligations. .' City Administrator Martha Bennett stated the current budget was $2,500 and eXplained how it was allocated. She acknowledged the remarkable relationship the City has with its Sister City but this was not the budget to recommend an increase due to the financial climate. Ms. Turner clarified the amount requested for the 2011 budget was $4,390 and described the activities the funds would support. Public Hea,:lng Closed: 7:29 p.m. Councilor SilbigerNoisin rnIs to approve Resolution #2010-16 adopting annual budget and making appropriations. Voice Vote: Councilor Na;ickas, Silbiger, Lemhouse, Voisin and Jackson, YES; Councilor Chapman NO. Motion passed 5-1.' . Councilor Silbiger/Jackson to approve Resolution #2010-17 Certifying State Subventions. Voice Vote: Councilor Voisin, Silbiger, Navickas, Jackson and Lemhouse, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor SilbigerNoisin rnIs to approve Resolution #2010-15 Declaring State Revenues. Voice Vote: Councilor Silbiger, Jackson, Voisin, Lemhouse, and Navickas, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor SilblgerlLemhouse m/s to approve Resolution #2010-18 Identifying Sources and Uses of a Reserve Fund. DISCUSSION: Councilor Navickas was disappointed the Budget Committee did not approve an increase to the Reserve Fund and wanted Icent of the tax rate dedicated to the fund. Councilor Jackson noted the extensive discussions between staff and the Budget Committee regarding this issue and how the Budget Committee did not support using additional property tax money to offset the costs for next year. Refusing to establish reserves threatened the stability of the City's fiscal situation during economic downturns. ASHLAND CITY COUNCIL MEETING June 15. 2010 Page 3 of8 Councilor Lemhouse supported the Reserve Fund but thought raising property taxes was not the only way to establish and maintain the Reserve Fund. Roll Call Vote: Councilor Silbiger, Lemhouse, Navickas and Jackson, YES; Councilor Voisin and Chapman, NO. Motion passed 4-2. City Attorney Richard Appicello read the ordinance title aloud. Councilor Jackson/Silbiger mls to approve first reading of an Ordinance levying taxes for FY 2010-2011 and move to second reading. DISCUSSION: Councilor Chapman stated this budget season was the least hurtful he had experienced but objected to the 1.6cent increase to property taxes stating funds could come from other areas instead. Roll Call Vote: Councilor Navickas, Voisin, Jackson, Lemhouse and Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1. UNFINISHED BUSINESS I. Will 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? City Administrator Martha Bennett eXplained the scrivener's error on the ordinance discussed at the June I, 2010 meeting was corrected. The ordinance would authorize the fees and a Public Hearing at a subsequent meeting would determine the amounts Council will adopt through resolution. City Attorney Richard Appicello read the ordinance title aloud. Councilor Voisin/Jackson mls to approve first reading of the ordinance and move to second reading. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. ' 2. Should Council approve Second 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"? City Attorney Richard Appicello read the ordinance title aloud. Abstentions. Conflicts. Exparte Contact Councilor Voisin declared a conflict of interest and requested Council to recuse her from the discussion. The remaining Council and Mayor had no conflicts of interest or Exparte contacts to declare. Councilor ChapmanlLemhouse mls to excuse Councilor Voisin due to a conflict of interest. Voice Vote: all AYES. Councilor Voisin left the room at 7:43 p.m. Councilor Lemhouse/Chapman m/s to approve Ordinance #3019. DISCUSSION: Councilor Jackson and Mr. Appicello discussed separating the last sentence in Section 2: "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 (I) of the Site Design and Use Standards," and creating a new paragraph or Section. Councilor Jackson/Chapman mls to amend the motion and make the last sentence in Section 2 of the ordinance a separate paragraph. Roll Call Vote: Conncilor Lemhouse, Jackson, Chapman, Silbiger and Navickas, YES. Motion passed. Roll Call Vote on main motion: Lemhonse, Jackson, Chapman, Silbiger and Navickas, YES. Motion passed. ASHLAND CITY COUNCIL MEETING June /5. 2010 Puge 4 of8 Councilor Voisin returned to the meeting at 7:50 p.m; NEW AND MISCELLANEOUS BUSINESS 1. Will the Council, acting as the Local Contract Review Board, approve awarding a contract for a period ofthree years beginning June 30,2010 and allowing for two one-year extensions to Bank of America for City of Ashland Banking and Merchant Services? City Recorder Barbara Christensen presented the staff report that recommended approving a contract with Bank of America. She described the Request for Proposal (RFP) process, clarified the contract applied to banking transactions only and was not intended for investment purposes. She listed the potential proposers and noted Bank of America ranked the highest with a $1 ,025 a monthly flat fee for banking services and a discount on fees associated with merchant services. Some proposals were vague regarding costs and did not follow the RFP close enough for the group to determine the cost to the City. Ms. Christensen confirmed part of the selection criteria required the bank to have a local branch. Councilor V oisin/Silbiger mfs that the Council, acting as a Local Contract Review Board approve the contract recommendation. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. Ms. Christensen noted local banks that submitted proposals ranked well in the process except for the cost. 2. Will the Council approve a proposal to adjust the angle of parking in the Plaza to increase traffic safety and available parking as recommended by the Transportation Commission? Associate Engineer Pieter Smeenk presented the staff report that would change the angle of parking in the plaza from 60 to 75 degrees. The change improved geometric efficiency and allowed eight additional parking spots. The Transportation Commission approved the plan with one revision to parking spot # lOin front of City Hall they thought was a hazard to pedestrians. Traffic Engineers reviewed the angle and agreed the change improved safety but did not agree on removing space #10. They suggested a curb bump instead with motorcycle parking against the curb line. Funding for the curb pop-outs would cost an additional $3,000- $4,000. Staff explained how a parked truck that was unloading would reduce the Level of Service (LOS) from A to B because it diminished the amount of back up space. Public Works Director Mike Faught explained there was $180,000 allocated for miscellaneous projects, if Council approved this project, staff would do the striping and concrete projects at the same time. Councilor Jackson/Chapman m/s to accept staff's variously revised proposal for the new angle on the parking spaces. DISCUSSION: Councilor Jackson liked the idea of adding the bump out by City Hall and creating more safety by Mix. Councilor Navickas thought it emphasized the need for a comprehensive long- term plan for the plaza and encouraged more bicycle parking. Councilor Chapman explained the Traffic Commission planned to walk through the downtown area to identifY additional arking spaces for bikes. Councilor Voisin supported more space for bikes and commented on the need to esson e use of motorized vehicles. Roll Call Vote: Councilor Lemhouse, Chapman, Voisin, Silbiger,Jac on and Navickas, YES. Motion passed. ' 3. Does the City Council wish to adopt a resolution making a recommendation to Jackson County on issues to be addressed prior to the adoption of the Greater Bear Creek Valley Regional Problem Solving (RPS) Plan? Community Development Director Bill Molnar and Associate Planner Derek Severson provided a presentation on the Regional Plan that included: Problems that the Regional Plan is meant to address through the identification of Urban Reserve Areas (URA's): . Lack of a Mechanism for Coordinated Regional Growth Planning ASHLAND CITY COUNCIL MEETING June 15. 2010 Page 5 of8 . Loss of Valuable Farm and Forest Land Caused by Urban Expansion . Loss of Community Identity . Draft Regional Plan: htlD:I/www.ashland.or.us/ros . RPS Urban Reserves Map . Urban Reserve Area Candidates Maps Background City Decision on URA's - Ashland made a decision in 2003 not to propose any Urban Reserve Areas . In November 2003, Planning Commission recommended not to add URA's . In December 2003, Council passed a resolution not to add Urban Reserve Areas (2003-37) . Reason: Focus on more efficient land use on existing lands within the'UGB Issues Raised in 2007 Letter . Efficient Land Use . Transportation Planning & Implementation . Loss of High Value Agricultural Lands . Regional Approach to Housing & Economic Development . Coordinated Population Allocations Regional Problem Solving Participants Agreement . The six cities agree to abide by the RPS Plan, adopted by Jackson County and the cities (into respective Compo Plans) . May be necessary to make adjustments to the Plan, as a result of the Plan amendment, adoption process . Jacksonville self-selected not to be a participant by not signing the Participants Agreement (see DLCD letter) Adoption Process . Cities provide formal comment on the Draft Plan to County Planning Commission by Resolution. . County Planning Commission conducts hearings on Cities' URA's & makes recommendations to County Board of Commissioners (Ashland 8112/10) . Board of Commissioners conducts hearing and makes a decision on plan adoption. (TBA) . Cities incorporate County-adopted plan into their Comprehensive Plans, Maps and Ordinances. (TEA) . DLCD Acknowledgement (and any appeal) Monitoring the Adopted Plan . Every 5-years, parties submit a self-monitoring report (beginning in 2015) . Urban Reserves are first-priority lands used for future UGB expansions . Conceptual plans for urban reserves shall have sufficient detail to determine size & location of regional trans. Facilities . County population element shall be updated consistent with gradual implementation of Plan Requested Tonight . Council is asked to adopt a resolution providing a recommendation on the RPS Plan to inform the County's decision . Staff has provided a draft resolution with the following recommendations for modifications to the current draft plan Population Allocation . Mayor's Letter raised the issue... ' . Plan's Response...amendment could occur as early as 2009 as part ofRPS plan adoption . Current Plan Treatment of Ashland Population: o 2,176 (0.28% AAGR) by 2040 (reduction of 300 lover our previous 2026 estimates) o 4.038 (0.32% AAGR) by 2060 (reduction of 8,222 over our previous 2056 estimates) . That the population allocation be reviewed and adjusted prior to adoption . Specifically, amend RPS Plan to reflect a 2040 Ashland population projection consistent with an approximate 1.06 average annual growth rate (AAGR), and a 2060 population projection consistent ASHLAND CITY COUNCIL MEETING June 15. 2010 Page 6 0[8 with an approximate 0.91 average annual growth rate Mr. Molnar explained the population allocation figures in the plan were significantly less than what staff would have estimated. The Coordinated Population Forecast was important because it was based on maintaining a 20-year supply of inventory for residential and employment growth. Staff went on to explain under the Oregon Land Use planning system Counties allocate population to their jurisdictions and this is done independent of RPS. For unknoWn reasons in 2006, the City of Ashland went from a reasonable population allocation to one that was not. Jackson County updates the Coordinated Population Estimates in 5-year intervals. The next review period will occur 2012. Efficient Land U serrransportation . Incorporate a commitment to: ..j Transit Oriented Development and/or \ ..j Higher density planning scenario of at leas! 7.26 dwelling units per acre (as suggested by DLCD) - conducive to a successful regional transit system . Verify compliance of any proposed urban growth boundary expansion by preparation of a conceptual development plan, specifYing target residential and/or employment densities Urban Fringe . Provide formal assurance that the 10-acre minimum lot size currently in place under Oregon Administrative Rules will remain in place within our urban fringe (i.e. within one mile of the UGB) until Ashland identifies urban reserves Jurisdictional Transfers . Jurisdictional transfer of County roads within existing city limits, suggested in June 4, 20 I 0 letter from Jackson County should not be tired to the adoption and acknowledgement process for the RPS Plan . Issue was only recently raised and may have budgetary implications, which need to be further considered by the Cities and the County Mary-Kay Michelsen/2Sl0 Diane StreetlUrged Council to support the proposed Resolution because it spoke to the RPS Goal of each jurisdiction maximizing the potential infill and redevelopment within its current boundaries before designating farmland for future development. She objected to the use of "or" in item 2, line three under Section 2 of the proposed resolution and thought it gave jurisdictions a choice between a commitment to transit oriented development or higher density. It was an invitation to low density and the continuation of sprawl. Maximizing infill preserved at risk farmland. Pepper Trail/2011 Crestview DrivelExplained he was a member of the Rogue Advocates and listed several groups he supported concerned with preserving open space and wildlife habitat. He urged Council not adopt a policy that drastically increases population growth. Some population growth is inevitable and the RPS process offers the community an opportunity to prepare. Adopting a higher density standard through RPS will promote infill development, preserve agricultural land, and limit sprawl. He noted the RPS process fails to acknowledge climate change. Ashland should endorse the final RPS agreement only if it supports the over all goal of sustainability. Daniel Gregg/195 Mobile Drive/Shared how long he has lived in the area and his experience with farming. He urged Council to pass the resolution to protect the farmland and encourage other jurisdictions to do the same. He supported education on sharing, using fewer resources and provided examples. , Sarah Vaile/140 Lincoln Street!Introduced herself as the Project Coordinator for Rogue Advocates that supported sustainable communities in the Rogue Valley. Rogue Advocates urged Council to support the proposed Resolution if several issues in the RPS Draft Plan were resolved prior to adoption. Rogue Advocates took issue with item 2 on the resolution The Efficient Land Use and Transportation and Planning Implementation. Many of the groups' concerns would be mitigated if the plan committed to the transit ASHLAND CITY COUNCIL MEETING June 15.2010 Page 70f8 oriented developments and higher density scenario described on pages 2-10 and 2-11 of the Draft Plan. Committing to the high-density scenario only 400 of the 1200 acres allocated for Urban Reserve Land would be needed for urbanization. She urged Council to include reconfiguring the amount of land needed to accommodate growth under the higher density scenario that would spare RRLC land from the urban reserves. Currently the plan is out of compliance with State law and Land Use Goals and appealable because it designates RRLC lands as urban reserves without taking an exception as required by the RPS statute. . Greg Holmes/432 NW 6th Street, Grants PasslIntroduced himself as the Southern Oregon Planning Advocate for 1000 Friends of Oregon and supported the proposed resolution with minor modifications. He requested that the word "or" be removed from the language in Section 2, item 2. Affordable Housing was not addressed in the plan and he suggested Council add a new Section 5 requiring the RPS to address Affordable Housing. Cate Hartzelll892 Garden Way/Mayor Stromberg summarized a letter submitted into the record from Ms. Hartzell against the RPS Plan but supporting a strong resolution. Council discussed Section 1 - RPS Plan 1. Population and expressed concerns regarding the population allocation and its affect on the amount of land included in the urban reserves. Staff suggested changing the language of the first sentence to read: "That the population allocation be reviewed and adjusted accordiugly prior to adoption by Jackson County Commissioners," and revise the last sentence to read: "Population estimates must be corrected for all jurisdictions in RPS to reflect these projected growth rates, or alternate growth rate based upon an accepted, empirically based population project methodology." Council consensus agreed to the language changes and adding an additional Section 5 to address land in the urban reserves. Council went on to discuss Section 1 - RPS Plan 2. Efficient Land Use and Transportation Planning/lmplementation. Staff explained the primary concern for removing the word "or" was target densities were focused for urban reserve areas, and density in the wrong location could have unintended consequences. Council directed staff to revise the language and bring back suggestions for consideration. Council consensus agreed with the suggested'language for Section 1 - RPS Plan 3. Urban Fringe. Staff explained Section 1 - RPS Plan 4. Jurisdictional Transfer was an issue for the County Roads Department and added at the County Road Director's request. Council agreed with the suggested language. Staff discussed with Council adding a new Section 1 - RPS Plan 5. High Value Farmland that would request Jackson County reduce the total amount of critical commercial agricultural lands included in Urban Reserves areas. Proposed language would read: "The City of Ashland believes the adoption of the higher density planning scenario and a more accurate population allocation per jurisdiction will reduce the total amount of land needed for future urban growth. Therefore the County can reduce the high value , farmland included in the proposed urban reserve areas." Council and staff discussed adding a new Section 1 - RPS Plan 6. Regional Approach to Housing and Economic Development with the possible language: "Jackson County identifies a specific timeline during adoption of RPS for creation of a regional strategy for diverse housing types. Diverse and affordable housing choices close to work, shopping and school are an essential element to managing growth and economic development public services and environmental social impacts..." Couucilor JacksonNoisin m1s to direct staff to revise the Resolution as discussed. Roll Call Vote: Councilor SiIbiger, Chapman, Voisin, Navickas, Lemhouse and Jackson, YES. Motion passed. ASHLAND CITY COUNCIL MEETING June 15, 2010 Page 80f8 4. Will Council approve an engineering services contract with Keller Associates in an amount not to exceed $303,400 to provide a Comprehensive Wastewater Master Plan? Public Works Director Mike Faught introduced Engineering Technician II Scott Fleury who provided the background on the selection process where Keller Associates ranked the highest. The Wastewater Master Plan will include all regulatory requirements, analyze the Capital Improvement Plan (CIP) for the collection system, and review staffing needs for service levels and look at pre-treatment needs for the City. It will also cover a hydraulic model that will analyze the flow of the sanitary sewer system. Another component of the Master Plan is analysis on the Wastewater Treatment Plant's current capacity, membranes, inline treatment of the plant and bio-solid management with recommendations for improving the carbon footprint of the pant. Mr. Faught further eXplained the plan would provide an overall comprehensive view of the system, help determine rates and projects for the CIP. The study contract duration is 20-months but has a schedule end date of September 2011. Council discussed concerns regarding the cost of the study and benefits the Master Plan would provide. Conncilor Lemhouse/Jackson mls to approve contract with Keller Associates in an amount not to exceed $303,400. DISCUSSION: Councilor Voisin requested detailed quarterly reports on the progress of the study. Councilor Chapman thought there must be a more cost effective way to get the information and would not support the Master Plan. Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Lemhouse and Voisin, YES; Councilor Chapman, NO. Motion passed 5-1. ORDINANCES. RESOLUTIONS AND CONTRACTS 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? Councilor Jackson/Lemhouse mls to continue item until June 29, 2010 meeting. Voice Vote: all AYES. Motion approved. ADJOURNMENT Meeting was adjourned at 10:21 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES January 28, 2010 CALL TO ORDER - Chair Steve Hauck called the meeting-to order at 4:35 p.m. at the Community Development and Engineering Services Building, 5t Winburn Way, Ashland, OR. Commissioners Present: Council Liaison Graham Lewis Eric Navickas Nick Frost, arrived at 4:55 Aaron Benjamin Staff Present: Steve Hauck Linda Reid, Housing Specialist Richard Billin Carolyn Schwendener, absent Regina Ayars APPROVAL OF MINUTES The minutes from the December 17,2009 meeting were approved as presented. PUBLIC FORUM The Commissioners welcomed Eric Navickas as the new Council Liaison and agreed to send Carol Voisin a letter of appreciation for her years of service on the Commission as well as a Council Liaison. SUBCOMMITTEE REPORTS Sub-committee Reports Finance - No report Education - No report Land Use - No report Liaison Reports Council - Navickas reported that the Council is working on goal setting, commenting that housing unfortunately isn't one of the big goals. They did discuss the homeless issue working with a shorter term plan around homelessness; trying to form a coalition to replace the services previously offered by Interfaith Care Community of Ashland (lCCA) and the possibility of working with the College to use one of their unused dormitories for emergency housing. They are also working on continuing the project on Clay Street. Parks - Hauck assumed that the Parks Department is going forward with the Clay Street project, due to the passing of the meals tax. School Board - No report Planning Commission - No report Staff - Reid is currently working on the draft of the Consolidated Plan. The Commission will review the draft at the February 28th meeting and it will go before the Council at the April 20th meeting. The CDBG RFP is available now on the City website. Reid has had some inquires but no formal applications at this time. Applicants have until February 26th at 3:00 p.m. to apply. If there are no applicants it might be possible to use the money for City projects. Ashland Community Land Trust (ACL T) is moving forward with their development behind the Bridge Street duplex property. Access who manages the rental portion of the property, the duplex in the front, is going to be doing the weatherization on the existing duplex. We had prioritized projects that had received CDBG funding and were kept as long term affordable housing for those CDBG R weatherization funds. This project may be the first to expend some of the City's CDBG-R. There is currently another project in the works which could qualify for the CDBG-R weatherization program. This project will be unique in that the City will partner with several organizations, including ACCESS, Inc., the Housing Authority and Rural Development. Reid is still working on the planning for Project Homeless Connect which will take place some time in June. The annual event is part of the ten year plan where agencies and citizens provide resources for and welcome homeless people into the community. Last year the event was very successful with about 400 attendants. It was brought to Reid's attention that a pre-application for an annexation on Normal Street was applied for. It was suggested to the applicant to meet with the Land Use Sub-committee to talk about the affordable housing requirements of annexations. The Commission discussed whether they want to review these applications at the regular Housing Commission meetings or have them go before the Land Use Sub-committee. If they go before the Land Use Sub-committee there will need to be new members added to that committee because Ayars currently is the only member. Hauck suggested that the applicants go before the Land Use Sub-committee, though previously a rotating sub group of Housing Commissioners reviewed and made recommendations in the past. Reid will supply a handout on guidelines for projects triggering affordable housing requirements. Croman - Lewis reported that the advisory committee no longer exists. APPOINT NEW LAND USE SUB.COMMITTEE MEMBERS Hauck appointed Billin, Frost and Ayars to the Land Use Sub-committee effective immediately. It was decided that the meetings will continue to be held on the second Wednesday of each month at I t:OO am at the Community Development and Engineering Building located at 51 Winburn Way. Reminder: Sub-Committee meetings need to be noticed to the paper. RFQ FOR THE CLAY STREET PROPERTY The Commissioners decided to have a study session on February 10th at 4:30 pm in the Community Development and Engineering Building to discuss the RFQ. The Commissioners will bring any data they have with them. Reid has some updated information. Connnissioners will meet to come up with; numerical values for the number of units, bedroom size, and targeted income groups. Review what housing types are needed and what has been completed in the past. Some previous ideas suggested regarding housing at that site were Co- housing and incorporate green building. GOAL REVIEW The Commissioners discussed their current goals and reprioritized them. It was decided to devote more time to the Homeless Community needs rather then the Student Fair Housing Ordinance as homelessness is on the Council's agenda. The Commission will seek direction from the City Council as to what their priority would be for the Housing Commission. Also decided to focus on ideas for funding the Housing Trust Fund. The Commission will re-evaluate their goals again the April. La Clinca de Valle would like to come to Ashland to do medical screening for homeless and low income people. They are asking the Parks Department to use the Connnunity Center or Pioneer Hall for free maybe once a month. It was suggested to use The Grove on East Main Street but they wanted to be more centrally located. Report on the homeless liaison: Some candidates were recognized including: Ruth Coulthard and Nancy Spencer. Keep Workforce housing and Preservation properties as part of our goals. UPCOMING EVENTS AND MEETINGS February 10, 20tO study session at 4:30 on Clay Street RFQ at Community -Development February 25,2010 Regular Housing Commission meeting 4:30 p.m. Community-Development February 26,2010 CDBG Applications due (quorum check; everyone should be present Update on Clay Street project - The permits are ready but are waiting for some storm water engineering issues to be resolved with the City. Once those issues are resolved they will pull their pennits and start working on the road possibly resulting in the road money being spent by May. The construction of the buildings should start in March and the first building is scheduled 0 be completed by fall. ADJOURNMENT - The meeting was adjourned at 5:40 p.m. Respectfully submiNed by Carolyn Schwendener, Account Clerk 2 CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES March 25, 2010 CALL TO ORDER - Chair Steve Hauck called the meeting to order at 4:35 p.m. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR. Commissioners Present: Council Liaison Graham Lewis Eric Navickas, absent Regina Ayars Aaron Benjamin Staff Present Steve Hauck Linda Reid, Housing Specialist Richard Billin Carolyn Schwendener, Account Clerk Commissioners Absent: Nick Frost APPROVAL OF MINUTES Minutes from the January 28, 2010 meeting were approved as presented. PUBLIC FORUM Noone present SUBCOMMITTEE REPORTS Sub-committee Reports Finance - No report Education - No report Land Use - No report Liaison Reports Council - No report Parks - No report School Board - No report Planning Commission - Benjamin reported that on April 6, 2010 the City Council will be making the final decision on the Croman project. Staff - Reid explained that she reissued the RFP for the remaining CDBG funds, and received an application whose representatives are present at this meeting. Reid did a mailing for the recovery act, which has been renamed the Energy Efficiency Program. Out of the fifty-two mailings she has received fifteen replies from home owners who are interested in taking advantage of the $3,000 grant that was approved with the Recovery Act funds. Because of the great response Reid suggested that the Commission might be interested in allocating some of the regular CDBG program funds to help fill the gap. Initially the City Council allocated $30,000 to the Conservation Program and $16,500 to the Public Works department for repairs of handicapped accessible wheelchair ramps. The Public Works department was able to use other monies to do ASHLAND HOUSING COMMISSION MINUTES March 25, 2010 1 the handicapped accessible wheelchair ramp repairs. We now need to ask the council to re- allocate the $16,500 to the conservation program giving them a total of about $50,000 to do the activity, stated Reid. The request will go before the Council as a Consent Agenda item on April 20th Reid will also need to amend the Action Plan to reflect the change. Transportation Growth Manal!ement (TGM) Grant Application The Planning Department has applied for a grant from TGM to create a Land Use and Transportation Plan for the Normal Avenue area. It is an approximately ninety-four acre developable parcel located in the Urban Growth Boundary. The City is asking for a grant to develop a plan to see how the space could be used. Two of the components of this project would be to update the Buildable Lands Inventory and create a new Housing Needs Analysis which would be of interest to the Housing Commission. Graham/Ayars m/s motionfor Hauck to sign a letter of support for this Grant Application. Voice Vote: all AYES. Motion passed CDBG Prol!ram Public Hearinl! and Award Recommendation Reid explained that for the 2010 Community Development Block Grant year the City of Ashland is expecting a total allocation of approximately $207,000, $30,000 of which is available for public service projects. The City received one application for public services from St. Vincent De Paul. Their goal is to provide emergency housing and utility assistance to qualified low income households within the City of Ashland. Last year St. Vincent De Paul helped 587 low income households with $65,000. This year the goal is to help 620 household with the help of the $30,000 grant money. St. Vincent De Paul will be providing matching funds in the amount of$37,000. Staffs recommendation is to fully fund this activity. Applicant Presentation - Rich Hansen, Foundation Liaison and volunteer Charlotte Dorsey were present to represent St. Vincent De Paul. Mr. Hansen explained they have no paid employees and depend on over 250 volunteers to supply all staffing and services. Because there is no paid staff they can guarantee that 100% of the money they receive will go to help the poor in their moment of crisis. With today's economy the needs have increased and the $30,000 would go a long way to help, stated Mr. Hansen. Their objective is to avoid homelessness. . Question and Answer Discussion - What's the typical profile of your clients? The majority of people they deal with in Ashland and Talent are low income families or individuals struggling with the economy due to the job situations. Most clients are families or single parents who have no job and rent becomes an issue. What percentage would you say are families with children? 50% What percentage are single parents? Not sure at this time but they are the minority rather then the majority. What kind of paperwork is required? Reid explained that she is required to report on the use of the money and show that it is being used to serve people who are 80% or below AMI. Currently St. Vincent De Paul does' not require income verification and prides themselves in being blind to race, religion, color, age and creed. HUD wants to see the trends and asks for demographics, race, and female head of household, seniors, disabilities and income categories. St. Vincent De Paul will now need to record these demographics. Do you have any statistic showing afocus on chronology age groups? Age 0 to 17 is 28%, Age 24 to 44 25% ASHLAND HOUSING COMMISSION MINUTES March 25, 2010 2 Age 55 to 69 6% Is any focus being placed on homeless youth or the elderly? The elderly have a lot more places to be referred to for housing, thanks to the government and the Community Action Agency, ACCESS, Inc. Typically what's the period of time you work with a client and how many visits do you make. In past years one visit was typically made to do an initial screening to find out the medical and other immediate need. Now with the changes in the economy and with the increase in joblessness and homelessness they are returning more often. Graham thanked Mr. Hansen and said that as a staff of the United Methodist Church he really appreciates St. Vincent De Paul's promptness and what they have been able to do for folks. BUlin/Ayars m/s to approve the recommendation made by City stajJto "Recommendfunding St. Vincent De Paul- Home Visitation Program $30,000 to fund emergency rent and utility assistance for people to prevent homelessness. " Roll Call Vote: Commissioners BUlin, Ayars, Graham and Benjamin, Yes. Motion passed. New application for Capital Funds from Ashland SilPportive Housin!!: Reid stated this is an eligible activity as a rehabilitation of a home that will be serving, low income populations, since peoples with disabilities are presumed benefit by HUD. Though Reid has not had the sufficient time to evaluate this application it is her belief that staff will recommend to fund this project. Applicant Presentation - Sue Crader, Executive Director of ASH and Judy Beyer Assistant Director were present to discuss their application. They are requesting $110,861.00 CDBG funds to renovate an existing structure. The organizational match is $30,994 funds and $2,700 from United Way. The total project cost is $143,755. ASH owns a home located on the comer of Walker and Clark Street that they previously used as a group home for developmentally disabled adults from the early 1990's until 2004. Having no money to put towards the renovation of the house they moved their clients into two other homes. ASH put the home on the market. Unfortunately the market fell apart and the house sat for a year and a half until it was leased by some folks who turned it into a kindergarten. Their business failed and ASH received the property back in January of this year. . ASH would like to create a respite home, a place where people with disabilities can spend time out of their own homes for one, two, three nights even up to 60 days. This gives caregivers a break as well as the person who needs care a break. It offers a temporary placement within their community. ASH would like the grant money so they can fix up the property to meet this need. ASH has been in business since 1982 with 26 full time employees paid at a living wage with full medically and dental benefits. This project would create 9 full time positions. Funding will be provided primarily through creative supports and the state of Oregon. They will also be opening up beds for private pay. Their goal is to have the project completed by the end of the year and then hire a staff and open the doors by March 15th of2011. Discussion and questions - If you don't get the funds will this project not go forward? It would not be easy but they will still try to make it happen. They would need to find other places to get the funds. ASHLAND HOUSING COMMISSION MINUTES March 25, 2010 3 Graham/BUlin m/s that we approve (this presentation) with the caveat that if another proposal comes in before the deadline we will reconvene with a public hearing to hear that proposal but if we don't get another one in forget it. Roll Call Vote: BUlin, Ayars, Graham and Benjamin, Yes. Motion passed Public Hearinl!:-Draft Consolidated Plan Review The Consolidated plan is a document that needs to be drafted every five years for the City to continue to receive Community Development Block Grant Funds. The Consolidated plan has to encompass all activities that CDBG could undertake although the City does not intend to undertake all the activities that are eligible for CDBG funding. Reid reviewed how the City did with the goals previously and what the new goals are. Out of the focus group meeting there were three priority goals. 1. Affordable and Workforce Housing 2. Homeless, At-Risk and Special Needs Populations 3. Economic and Community Development Reid commented that a one item she found to be quite interesting was that the percentage of families and individuals in poverty is greater in Ashland then it is in Jackson County, in the State of Oregon as well as the United States as a whole. The percentage is higher here then the national average: Our community has a lot more needs then people realize, stated Reid. The Commissioners congratulated Reid on ajob well done with the Consolidated Plan. BUlin/Graham m/s to recommend approval of the 2010-2014 Consolidated Plan. Roll Call Vote: Billin, Ayars, Graham and Benjamin, Yes. Motion passed Hunl!:er and HomeIessness Forum Report Hauck thanked Regina for stepping in for him as he had other obligations and was not able to attend the forum. Ayars reported that approximately forty people attended mostly students, homeless people and stake holders in the community. They had a panel consisting of the woman who started the food bank, the man who started the Ashland food project, Jody Waters a professor at SOU who teaches homeless and hunger class, Ayars, the Mayor and a man living at the Gospel Mission. Regina shared that the Housing Commission's role is prevention of homelessness by promoting affordable housing. Two communities of homeless people were present, those who choose homelessness as a life style and those who do not choose homelessness. The students who organized this did a really good job said Ayars though she was not sure what is going to happen with the information. Oregon has the highest concentration of homeless population of all states, one in every 250 stated Reid. Subcommittee Discussion This discussion was moved to next month's meeting. Regina will not be present at next month's meeting and will turn in a written report. April22nd 2010 Meetinl!: Al!:enda Items and Quorum Check Regina will not be present. Upcominl!: Events and Meetinl!:s April 20th 2010 7PM City Council Meeting-CDBG Program Award April 20th 2010 7PM City Council Meeting-Consolidated Plan Public Hearing. April 22nd 20104:30-6:30 PM Thursday Regular Housing Meeting ADJOURNMENT - The meeting was adjourned at 6:35 p.m. Respectfully submiNed by, Carolyn Schwendener ASHLAND HOUSING COMMISSION MINUTES March 25, 2010 4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application June 29,2010 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen chri steb{alash land.or. us None Consent Question: Does the Council wish to approve a Liquor License Application from Lori Del Rosario dba Vinyl Club at 130 Will Dodge Way? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business' license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application June 29,2010 Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Bennet Estimated Time: Barbara Christensen christeb{al.ash land.or. us None Consent Question: Does the Council wish to approve a Liquor License Application from Jaime Nichols dba French Kiss at 60 E Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I ~~, CITY OF ASHLAND Council Communication l'yleeting Date: Department: Secondary Dept.: Approval: Adoption of Fixed Asset Capitalization Policy June 29, 2010 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneberl@ashland.or.us None Secondary Contact: None Martha Benne Estimated Time: Consent Question: Does Council have any questions about the Fixed Asset Capitalization Policy as presented? Staff Recommendation: Staff recommends Council accept the Fixed Asset Capitalization Policy as presented. Background: The Administrative Services Department just finished the interim audit. At the interim audit, is where the auditors notify our department of any new pronouncements that need to be adopted and implemented for the fiscal year. The pronouncement that is new to this fiscal year is one that relates to recognizing intangible assets. The Governmental Accounting Standard Board (GAS B) defines intangible assets as easements, water rights, timber rights, patents trademarks and computer software. GASB No. 51 goes further and defines Intangible Assets that are internally development. The City has a Fixed Assets Capitalization policy that has been in effect since 2000. At this time we are not recommending changing the current policy, only to add a section for Intangible Assets. This will make our policy current with the new GASB Pronouncement No. 51. This policy states that any asset that is internally development will be capitalized if the actual or estimated cost is $25,000 or more. The useful life of the assets will be determined by the developing department, the Administrative Services Department and the City Administrator. Related City Policies: None Council Options: Council may accept this policy as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. Ifremoved from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the fixed asset policy as presented. B. Council moves to accept the policy as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Fixed Asset Policy Page 1 of 1 ~~, CITY OF ASHLAND City of Ashland Fixed Asset Capitalization Policy June 30, 2000 CAPITALIZATION POLICY I. Land: A. Land is categorized into three groups: 1. Land which constitutes all City owned property other than easements which are not capitalized. 2. Dedicated Park Land which constitutes property dedicated by City council as perpetual parkland and 3. Open Space Land, which constitutes property dedicated by City council as designated open space park. B. Land is valued at cost or fair-market value at the time of acquisition. C. Land is not depreciable. D. Effective July 1, 1993, ~and will be accounted for in the General Fixed Asset Group when acquired by other than an Enterprise or Internal Service Fund type. Land acquired by Enterprise and Internal Service Fund types will be accounted for in the fund of acquisition. All joint Fund purchases will be accounted for in the General Fixed Asset Group. E. Water Rights shall be accounted for in the same manner as Land with the exclusion, all Water Rights will be the property of the Water Enterprise Fund. II. Buildings: A. The basis of a building will include fixtures and attachments permanently fixed to the structure such as light fixtures, wiring, plumbing, and HVAC. 1. The basis will be adjusted for improvements with a value of $5,000 or greater. 2. Buildings shall have a minimum combined value of $5,000 to be capitalized. B. Buildings that are the property of a Proprietary Enterprise or Internal Service Fund type shall be depreciable with a standard life of fifty years. All other buildings although not depreciable will have a standard life of fifty years. 1. Depreciation shall be straight\line with a useful life equivalent fifty years. Depreciation will use a zero year convention through June 30, 2001, and all acquisitions after will use a half year convention. City of Ashland Fixed Asset Capitalization Policy June 30, 2000 III. Equipment: A. Small Equipment shall have a Minimum Value of $5,000 to be capitalized, unless a complement of lesser purchases are ancillary pieces of a unit. Depreciation shall be straight\line based on a useful life of not less than seven years and not greater than twenty years. B. Vehicles shall constitute passenger cars and pickups of less than an one ton rating and shall be the Property of the Equipment Fund. If purchased by any fund other than the Equipment Fund, they will be contributed to the Equipment Fund on June 30, of the year of acquisition. Depreciation shall be straight\line based on a useful life of not less than five years and not more than seven, except in the case of police patrol cars which shall have a useful life of not less than two years and not more than three years. C. Computer Network and Peripherals shall constitute any microcomputer hardware, printer, or other peripheral connected to the Primary City Computer Network. All microcomputer hardware, printer, or other peripherals connected as such shall be the property of the Central Services Fund, if purchased by any fund other than the Central Services Fund they will be contributed to the Central Services Fund on June 30, of the year of acquisition. Depreciation shall be straight\line based on a three year life. D. Rolling Stock shall constitute any piece of rolling stock not classified as a vehicle (ie passenger car or pickup). All Heavy Equipment shall be the Property of the Equipment Fund, if purchased by any fund other than the Equipment Fund, they will be contributed to the Equipment Fund at June 30, of the year of acquisition. Depreciation shall be straight\line based on a useful life of not less than seven years and not greater than twenty years. E. Depreciation shall be straight\line with a useful life equivalent to current industry standard for the material used. Depreciation will use a zero year convention through June 30, 2001, and all acquisitions after will use a half year convention. 2 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 IV. Improvements Other than Buildings: A. Electric System Improvements: 1. Improvements shall be accounted for based on standard FERC codes with capitalization thresholds compliant with FERC regulations. a. Depreciation shall be straight\line with a useful life equivalent to current industry standard for the material used. Depreciation will use a zero year convention through June 30, 2001, and all acquisitions after will use a half year convention. b. Poles,Towers&Fixtures - Poles, framing, insulators and other fixtures included in their construction. Life - forth-five years c. Overhead Conductors - Overhead Wire and the labor included in it's installation. Life- fifty years. d. Underground Conduit - Materials as listed below, and labor included in installation. Life - seventy-five years. e. Underground Conductors - Underground wire and the labor included in it's installation. Life - forty years. f. Transformers - Transformers and bases and the labor included in it's installation. Life- forty years. g. Services - Conductors and labor from Distribution point to Meter. Life - fifteen years h. Meters - Measurement device and the labor included in it's installation. Life - ten years. i. Street Lights - Fixtures and illuminators for street lights and signals and the labor included in it's installation. Life- fifteen years. 3 City of Ashland Fixed Asset'Capitalization Policy June 30, 2000 IV. Improvements Other than Buildings: B. Water System Improvements: 1. Water System Improvements shall be categorized in the following method: a. Reservoirs and Dams which include open and enclosed water storage or retainage facilities. b. Transmission and Distribution: 1) Transmission which includes water mains and appurtenances to transmit and distribute water from storage to treatment to storage. 2)Distribution which includes water mains and appurtenances to distribute water from storage to service. c. Treatment Facility which includes improvements, mains and appurtenances directly related to the treatment of water. d. Services which includes devices, mains and appurtenances necessary to facilitate delivery of water from distribution to a customer. 2. A capitalization threshold of $5,000 shall be used to determine which improvements will be capitalized. However, in the case of replacement of existing infrastructure, regardless of cost a minimum of three hundred fifty (350) consecutive lineal feet is required to qualify as a capital replacement.. Any amount less is considered diminimus and therefore deemed maintenance. 4 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 IV. Improvements Other than Buildings: B. Water System Improvements: a) Valuation: 1) Historical cost for the existing system, including contributions to the system by developers, will be based on the existing inventory of infrastructure maintained by the Public Works department. The inventory includes type, size, footage, and year installed. Historical depreciation shall be computed based on the following criteria: Type of Pipe Life Concrete 50 yrs Cast Iron 50 yrs Asbestos\Cement 20 yrs Ductile Iron 50 yrs PVC 50 yrs Galvanized 15 yrs Coated Steel 50 yrs Dams and Reservoirs 100 yrs Pumping Stations 20 yrs Pressure Reduction Valves 20 yrs Treatment Facilities 20 yrs from the age of installation. 5 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 IV. Improvements Other than Buildings: B. Water System Improvements: b) Costing: 1) Historical Costing is available for improvements constructed by Public Works crews after 1970 and will be used when available. Contributions made during that period will be based on the same per footage cost as those improvements made by Public Works crews. 2) Improvements made prior to 1970, whether contributed or by Public Works crews will be based on Current Engineering News Record Construction Cost Index. 3. Future improvements will be valued at cost. b) Depreciation shall be straight\line with a useful life equivalent to current industry standard for the material used. Depreciation will use a zero year convention through June 30, 1993, and all acquisitions after will use a half year convention. 6 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 . IV. Improvements Other than Buildings: C. Sewerage System Improvements 1. Sewerage System Improvements shall be categorized in the following method: a. Collection which includes mains and appurtenances to collect and transmit sewerage from service to treatment. . b. Treatment Facility which includes improvements, mains and appurtenances directly related to the treatment of sewerage. c. Services which includes devices, mains and appurtenances necessary to facilitate collection of sewerage from customer to collection. 2. A capitalization threshold of $5,000 shall be used to determine which improvements will be capitalized. However, in the case of replacement of existing infrastructure, regardless of cost a minimum of three hundred fifty (350) consecutive lineal feet is required to qualify as a capital replacement. Any amount less is considered diminimus and therefore deemed maintenance. a) Valuation: 1) Historical cost for the existing system as of June 30, 1991, including contributions to the system by developers, will be based on the existing inventory of infrastructure maintained by the Public Works department. . The inventory includes type, size, footage, and year installed. Historical depreciation shall be computed based on the following criteria: Type of Pipe Life Concrete 50 yrs Cast Iron 50 yrs Ductile Iron 50 yrs PVC 50 yrs Orangeburg 25 yrs Asbestos Cement 50 yrs Vitrified Clay 50 yrs Pumping Stations 20 yrs Treatment Facilities 20 yrs from the age of installation. 7 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 IV. Improvements Other than Buildings: C. Sewerage System Improvements 2) Costing: a) Historical Costing is available for improvements constructed by Public Works crews after 1970 and will be used when available. Contributions made during that period will be based on the same per footage cost as those improvements made by Public Works crews. b) Improvements made prior to 1970, whether contributed or by Public Works crews will be based on Current Engineering News Record Construction Cost Index. 3) Future improvements will be valued at cost. a) Depreciation shall be straight\line with a useful life equivalent to current industry standard for the material used. Depreciation will use a zero year convention through June 30, 1993, and all acquisitions after will use a half year convention. 8 City of Ashland Fixed Asset Capitalization Policy .June 30, 2000 IV. Improvements Other than Buildings: D. General Fixed Asset Group improvements: 1. Storm Drain Improvements: a) A capitalization threshold of $5,000 shall be used to determine which improvements will be capitalized. However, in the case of replacement of existing infrastructure, regardless of cost a minimum of three hundred fifty (350) consecutive lineal feet is required to qualify as a capital replacement. Any amount less is considered diminimus and therefore deemed maintenance. b) General Fixed Asset Group Assets are not subject to depreciation. A useful life is established only to determine replacement. c) Valuation: 1) Historical cost for the existing system as of June 30, 1992, including contributions to the system by developers, will be based on the existing inventory of infrastructure maintained by the Public Works department. The inventory includes type, size, footage, and year installed. Useful life shall be computed based on the following criteria: ~ Life Concrete 25 yrs Cast Iron 25 yrs Ductile Iron 25 yrs PVC 25 yrs Corrugated Steel 15 yrs Corrugated Aluminum 15 yrs Constructed Ditches 25 yrs Pumping Stations 20 yrs from the age of installation. IV. Improvements Other than Buildings: 2. .Street Improvements: a) Street improvements shall include City owned right- of-ways improved to a minimum standard as set forth in Ashland Municipal Code (AMC) Chapter 18.80.020.B.2. b) City owned right-of-ways shall not constitute improvements until such time as they meet the standards of AMC Chapter 18.80.020.B.2. c) Right-of-ways constructed by developers shall be capitalized as Contributed Capital at the construction costs listed on the plans and specifications at the time of dedication. 9 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 I IV. Improvements Other than Buildings: D. General Fixed Asset Group improvements: 2. Street Improvements: d) A capitalization threshold of $15,000 shall be used to determine which improvements will be capitalized. However, in the case of resurfacing of existing infrastructure, regardless of cost a minimum of three hundred (300) consecutive lineal feet or one block and have an overlay depth of not less than two (2) inches of new vertical surface to qualify as a capital replacement. Any amount less is considered diminimus and therefore deemed maintenance. e) General Fixed Asset Group Assets are not subject to depreciation. A useful life is established only to determine replacement. The useful life of Street improvements shall be as noted below: ~ Life New Construction: Minimum vertical depth 3" 15 yrs Overlay\Resurface: Minimum vertical depth 2" 10 yrs f) Historical cost for the existing system as of June 30, 2002, including contributions to the system by developers, will be based on the inventory of infrastructure prepared by the an independent consultant for the Public Works department. g) Future improvements will be valued at cost. IV. Improvements Other than Buildings: D. General Fixed Asset Group improvements: 3. Airport Improvements: a) Airport improvements shall include runway, taxiway, aprons, fencing and electronic systems such as beacon, VAS I , REIL, and runway lights. b) Valuation: 1) Runway, taxiway, apron, fencing and electronic systems such as beacon, VAS I , REIL, and runway lights prior improvements were generally made with proceeds from FAA Grants to the City of Ashland and existing improvements will be valued at the value of the prior FAA grants. 2) Future improvements will be valued at cost. a. General Fixed Asset Group Assets are not subject to depreciation. A useful life is established only to determine replacement. Useful life shall be computed based on the following criteria: ~ Life 10 City of Ashland Fixed Asset Capitalization Policy June 30, 2000 Hangers FBO Buildings Maintenance Buildings 50 yrs 50 yrs 50 yrs V. Construction in Progress A. Construction in progress will be restricted to Enterprise and Internal Service Fund types, and will not be recorded in the General Fixed Asset Group. B. Construction in progress shall include construction of Buildings and Improvements Other than Buildings begun in one fiscal year but not completed until later fiscal years. C. Construction in progress shall remain a deferred expenditure until completion or a period of four fiscal years. If at that time construction is not completed the deferred expenditures will be treated as an adjustment to equity in the fund where they occurred. D. Construction in progress is not depreciable. VI. Intangible Assets A. To recognize intangible assets such as patents, trademarks and computer software. B. The. intangible asset must be identifiable and must be internally generated. C. The asset must be owned by the City of Ashland. D. The asset value must be a minimum of $25,000 (actual or estimated) to be on the fixed assets. E. Depreciation of the Asset will be based on the useful life. F. The asset's useful life will be determined by the following: a. The Department that internally development it. b. The Finance Department and c. The City Administrator. 11 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Adoption of Financial Oversight Policy June 29,2010 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneberl@ashland.oLus No~ne Secondary Contact: None Martha Benne Estimated Time: Consent Question: Does Council have questions on the Financial Oversight Policy? Staff Recommendation: Staff recommends Council accept the policy as presented. Background: The Administrative Services Department continues to document procedures and policies to meet operational needs and audit requirements. One suggestion from the auditor is to adopt a formal oversight policy that documents Council's goals for financial activity, reporting, delegations and expectations from an executive oversight perspective. The City routinely does many things that fit within this realm but these tasks or practices are not readily identifiable in anyone place. The attached policy statement, when approved by Council, will be added to the other policies and procedures to meet the internal controls requirements of the audit. The document is intended to address most, ifnot all, financial activities that are done by Administration and the Administrative ServicesIFinance Department. Council may adjust, add to or subtract from the document as it deems appropriate. Related City Policies: . Ashland Financial Management Policies Council Options: Council may accept this policy as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the fixed asset policy as presented. B. Council moves to accept the policy as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Financial Oversight Policy Page I of I r.l' .C I T Y 0 F ASHLAND ADMINISTRATIVE POLICY LAST MODIFICATION: June 29, 2010 Policy # ORIGINATING DEPARTMENT: Administrative Services Department SUBJECT: Financial Oversight Policy PURPOSE: To identify Council actions to oversee financial operations on a periodic basis (daily, monthly, annually or other) including expectations for delegated responsibilities relating to Finance Management, Financial Controls and Reporting. STATEMENT OF POLICY: The City Council is responsible to manage financial affairs of the City with the goal to maintain fiscal stability through elected board action or through delegated authority. In order to do this the Council, through the City Administrator and/or the Administrative Services/Finance Director, department heads and others will: 1. Budget operations (both resources and requirements), capital improvements, debt service and reserves consistent with Oregon Budget Law to demonstrate fiscal responsibility. 2. Prepare an annual financial report as required by state law to a level deemed necessary to meet the public's need for open disclosure. 3. Purchase goods, supplies and services in conformance with state and local guidelines, encouraging open and fair competition among vendors. 4, Finance capital expenditures where needed and adhere to financing covenants to protect the City's credit rating in the financial community. 5. Account for restricted balances or reserves as required by law to assure good stewardship. 6. Take action to reduce costs or increase revenue streams to meet financial obligations on a timely basis 7. Evaluate the cost and benefit of actions to ensure their general good for the community. 8. Base rate and fee adjustments upon short and long-term need. 9. Manage contracts to be effective and compliant in providing services to the public. 10, Protect the credit worthiness of the City either through elected board action or through . delegated authority. Responsibilities to accomplish these can be seen in direct action or delegation by Council. Examples of these are: A. Council's requirement for compliance with Oregon Budget Law and annual audit requirements with delegation of these responsibilities to the City Administrator and Budget Officer. ADMINISTRATiON 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax: 541-488.5311 m: 800.735.2900 ~ ADMINSTRATIVE POLICY --- ~"',."...~~ 2 B. Council's direction to the Finance Director to prepare monthly financial reports and to present them with narratives on a quarterly basis, or as requested. C. Council's delegation to the Audit Committee the responsibility to review the annual audit and management reports, make recommendations and to select the independent auditor. D. Council's support of independent reviews of the annual budget document and annual financial report through the Government Finance Officers Association. E. Council's action as the Local Contract Review Board and delegation of responsibilities to the Purchasing Agent. F. Council's adoption of purchasing rules consistent with State purchasing requirements. G. Council's action in reviewing capital master plans, rate studies and financing proposals as needed and approval when appropriate. In all cases, Council maintains the authority to direct, change or adjust these responsibilities, related delegations of authority and timing of reports or other work products as it deems necessary. Approved: Date: Martha Bennett, City Administrator Reviewed as to form: Date: Richard Appicello, City Attorney ADMINISTRATION 20 E Main Street Ashland. Oregon 97520 www.ashland.or.US Tel: 541488-6002 Fax: 541488-5311 TTY: 800-735-2900 ~j.' CITY OF ASHLAND Council Communication A Resolution Transferrin~ Appropriations within the FY 2009-2010 Bud~et Meeting Date: June 29, 2010 Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Should Council approve a resolution to adjust budget appropriations for .changes in operational expenses to remain in compliance with Oregon Budget Law? Staff Recommendation: Staff recommends approval of the attached resolution to transfer appropriations within specified funds for stated reasons. Background: There are three ways in which to change appropriations after the Budget is adopted. I. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #1 above) is needed to adjust the FY 2009-2010 budget for the following reasons: . A Transfer of $50,000 will be needed from the Parks and Recreation Fund Contingency to the Golf Division in the same fund, to provide appropriations to pay offleave banks for a departing employee and to cover the additional costs such as supplies relating to operating the concession stand. This is the FOURTH transfer of appropriations request for FY 2009-2010. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and in the accompanying departmental memoranda. Related City Policies: None. Page I of2 r~' CITY OF ASHLAND Council Options: Council may accept this transfer of appropriations as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to adopt the transfer of appropriations resolution, amending the FY 2009-2010 budget. Attachments: Resolution transferring appropriations within the 2009-20 I 0 Budget Memo from Ashland Parks & Recreation Department requesting a transfer Pagc2of2 ~~, RESOLUTION NO. 2010- A RESOLUTION TRANSFERRING APPROPRlA TIONS WITHIN THE 2009-2010 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. Because ofthe circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: Parks and Recreation Fund To: Golf Division From: Contingency $50.000 $50,000 To Transfer appropriations from Contingency to the Golf Division to payoff leave banks for a departing employee and to cover additional expenditures such as supplies relating to operating a concession stand. TOTAL To: From: Division Appropriations Contingency $50.000 $50.000 SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of June, 2010 and takes effect upon signing by the Mayor. Barbara Christensen, City, Recorder SIGNED and APPROVED this _ day of June, 2010: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page I of I ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS' JoAfillC Eggers Michael Gardiner Jlmle....is Molody Noraas Hlch Rosenthal Don Robertson Dira<:lol TEL: {541 j 488.5340 FAX: (541) 488--5314 MEMORANDUM FROM Lee Tuneberg',~ministrative Services and Finance Director Don Robcrtson~arks Director TO I)ATE June 15,2010 SlJB,lECT Parks Contingcncy Fund Duc to uncxpcctcd golfeoursc cxpcnditures in FY 2009-2010. Parks staff is requcsting the transfcr of $50,000 from their eontingcncy lund into the gol f eoursc operations limd to prevent over-expending the golf fund in thc eurrcnt fiscal year. In Fcbmary 2009 thc Parks Commission changed iL~ business model lilr thc Oak Knoll Golf Coursc Irom utilizing a eontractcd 'golf pro to hiring a rcgular full-timc club house managcr. That changc, along with a reccnt payout for a tcrminating golf course employee and additional expenditures for eonecssions, causcd the golf timd to cxeeed its operating budget for FY 2009-20 10. Home of Famous Lithia Park CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: 2010-2011 Contract with the Chamber of Commerce June 29, 2010 Primary Staff Contact: Martha J. Bennett Administration E-Mail: bennettm0lashland.or.us Finance/Admin. Svcs Secondary Contact: Lee Tuneberg Martha J. Bennet Estimated Time: Consent Question: Will the Council approve the proposed contract with the Chamber of Commerce for FY 2010-2011 in the amount of$280,000? Staff Recommendation: Staff recol111llends that Council adopt the attached contract. Background: The City has relied on the Chamber of Commerce to provide visitor and convention bureau services and certain economic development services for many years. City Council and the Budget Committee. approved allocating $280,000 to the Chamber in FY 2010-2011 for essentially the same service provided by the Visitor and Convention Bureau in the prior year. This is an increase of $5,000 for the VCB services. The Council did not allocate any funds for economic development for the upcoming fiscal year so the remainder of the contract wording remains the same. This contract is for one year. Related City Policies: This contract implements part of the economic element (Chapter 7) of the comprehensive plan Council Options: Council can approve this grant agreement with the Chamber. Council can provide additional direction to staff for amendments to the grant agreement Potential Motions: . I move to approve the grant agreement for FY 2010-2011 with the Ashland Chamber of Commerce. . I move to approve the grant agreement with the following amendments (list them). . I move to direct staff to revise the agreement in the following ways (list them) and bring it back for consideration by the Council. As part of this motion, the Council is authorizing staff to continue to make monthly payments to the Chamber until the contract is adopted. Attachments: Draft contract Pige 1 of! ~.l' CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2010-11. Recitals A. The VCB shall receive $280,000 for promoting tourism in Ashland based upon Ashland City Council Resolution 2010-06. Expenditures of these funds must meet the requirement of ORS 320.300 through ORS 320.350. B. The City, Chamber and VCB now enter into this Agreement. Purpose The City grants funds to the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland and to visitors who stay overnight in Ashland. Promotion includes advertising, publicizing, distribution of printed materials, marketing special events and festivals, conducting strategic planning, visitor center management and research necessary to stimulate tourism development. VISITOR AND CONVENTION SERVICES In conducting the work under this grant, the Chamber will emphasize in its Visitor and Convention Bureau (VCB) activities: . . Ashland as a high quality destination in the winter, spring, and fall as well as the summer. . Ashland as a destination for people of all ages, including families with young and school-aged children . Ashland as a center for cultural, social, and intellectual pursuits . Ashland as a center for high quality outdoor recreational opportunities VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy to maintain current levels of tourism in the summer months and increase tourism in fall, winter, and spring. This strategy should rely on the best available research into visitor behavior and best practices in the VCB industry. 2. The VCB will help the City leverage its investment into cultural and economic development grants by promoting the events and performances of groups that receive small grants from the City. .3. The VCB will provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing. 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community. 5. The VCB will market and promote festivals and events in the fall and early spring, especially those provided by other recipients of cultural and economic development grants from the City. ~j.' 6. The VCB will develop specific marketing campaigns targeted at attracting visitors in the shoulder and winter season and at extending the length of stays of visitors in the summer months. 7. The VCB will develop an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base. REQUIRED REPORTING The Chamber shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities. The report should include: 1. A summary and analysis of the specific steps taken to perform the tasks in this contract for VCB activities. 2. Performance Measures. The Chamber shall include data that measures its effectiveness in tourism promotion in its report. At a minimum, the Chamber will include data that describes data that measures the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the grant year over the previous year. The City will assist in providing this data to the Chamber. The report should analyze and describe how tasks identified in this grant agreement affected TOT and F&B tax collections. The City also requests that the Chamber work with the lodging industry to produce reports about occupancy rate in local lodging establishments, by quarter, in such a way that this data can be tracked over time. 3. A report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland. Include samples of advertising, which include family, quality of life and educational opportunities. The report should include a description of the specific promotion activities targeted at attracting visitors to Ashland during the fall, winter and spring. Include samples of advertising, which include family, quality of life and educational opportunities. 4. A report about the VCB's analysis of the viability of new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to support other recipients of cultural and economic grants from the City. 5. A report on activities by the Chamber on projects conducted in cooperation with other organizations, businesses, and people to support the work of this contract. General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 2 ~., 4. Financial Records and Inspection. Grantee includes in the annual report to the City a) copies of 501@ letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this grant). Grantee's report should show the relative share of City funds expended compared to overall project funds. 5. Living Wage Requirements. If the amount of this agreement is $18,703.00 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to remedy any material breach of any of Grantee's obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if Grantee fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this agreement, the City, by written notice of default to the Grantee, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 7. Amendments. The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services relating to Grantee's obligation under the terms of this agreement). Grantee shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Grantee, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. 3 ~~, 11. Dispute Resolution. In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action. 12. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director ' 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. City of Ashland Ashland Chamber of Commerce and Visitor and Convention Bureau By By Title Title Date Date 4 ~~, CITY OF ASHLAND Council Communication Approval of an Agreement with RVCOG to Provide Public Outreach and Education Services for the NPDES, Phase II Permit Meeting Date: June 29, 2010 Primary Staff Contact: James H. Olson Department: Public Works! Engineering E-Mail: olsoni(cilashland.oLus Secondary Dept.: Finance Secondary Contact: Michael R. Faught Approval: Martha Benn Estimated Time: Consent Question: Will Council approve an intergovernmental agreement with the Rogue Valley Council of Governments (RVCOG) to conduct public outreach and education efforts as required by the City's NPDES, Phase II Stormwater Permit? Staff Recommendation: Staff recommends Council approve an intergovernmental agreement with RVCOG to conduct public outreach and education efforts as required by the City's NPDES Phase II Stormwater Permit. Background: In 2005, in compliance with the National Pollutant Discharge Elimination System (NPDES) federal requirements, the City submitted its permit application authorizing the City to construct and operate stormwater collection, conveyance, treatment and control facilities and to discharge stormwater to the waters of the state. The application was approved and Permit Number 102897 was issued on February 13,2007. The permit lists actions the City must take to remain in compliance with the terms of the permit, including six minimum control measures. The first two of the six requirements are: I. Implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies. 2. Implement a public participation process as part of the ongoing stormwater management. program. RVCOG has been providing the above services for the City since 2005 under an informal agreement. In keeping with current policy, a formal IGA has been developed whereby the Council may approve the attached IGA which can then be renewed on an annual basis by the City Administrator until such time as conditions of the agreement might change. Services Provided RVCOG has been providing this very critical element of the permit requirement on an ongoing and continuous basis since the permit was first applied for in 2005. They provide this service on a regional basis and support not only Ashland, but Medford and the Rogue Valley Sewer Services (RVS) supported communities of Central Point, Phoenix, Talent and Jackson County. Typical efforts by RVCOG include: I. Build and maintain existing relationships between Ashland's Phase II municipal stormwater program and public and private schools in Ashland. Page I of2 r~' CITY OF ASHLAND 2. Work with the City and other regional partners to host a Bear Creek Watershed tour for teachers. 3. Seek out other opportunities to integrate stormwater education into existing water quality related education projects and programs. 4. Coordinate with other water quality and environmental education groups including the Bear Creek Watershed Education Partners (BCWEP), other school teachers, science and natural history curriculum directors, the Bear Creek Watershed Council, North Mountain Park Nature Center, Science Works,.OSU Extensions and others. 5. Update and distribute general stormwater brochures. 6. Develop specific brochures for other target groups and areas of concern including pet waste disposal, track out, illicit discharges, dumping and landscaping practices. 7. Record the number of brochures distributed and delivered to the City for inclusion in the annual DEQ report. 8. Update stormwater posters and other educational and interactive materials for display at educational events. 9. Continue to develop and maintain programs for volunteers to assist in educational efforts. 10. Develop a speaker's bureau for presentations at City-sponsored educational events. 11. Continue to be an active participant along with the City in the Stormwater Advisory Team (SWAT). 12. Distribute a news release and story on Ashland stormwater programs to the local medial. Budget RYCOG has proposed to provide all of the above efforts for a cost not to exceed $5,000. This price has remained fairly constant for the past four years. This cost has been included in the City's storm drain (Street Division) budget. Related City Policies: The Council established policy for approval of annual renewable IGA's 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 agreement with RYCOG; . The Council may modify the attached agreement with RYCOG. Potential Motions: . Move to approve the attached agreement with RYCOG; . Move to deny approval of the attached agreement with RYCOG; . Move to modify the attached agreement with RYCOG. Attachments: Draft lritergovernmental Agreement with RYCOG. . Page2of2 ~~, INTERGOYERNMENT AL AGREEMENT THIS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, a voluntary intergovernmental association, hereinafter referred to as "RVCOG", and the City of Ashland, an Oregon municipal corporation, hereinafter referred to as "CITY", both. of which are hereinafter referred to collectively as the Parties; WITNESSETH WHEREAS, RVCOG is a voluntary association of local governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the RYCOG; and WHEREAS, RVCOG has been asked by CITY to assist with the implementation of public education/outreach and public involvement/participation activities for their Stormwater Phase II Management PROGRAM; and WHEREAS, the purpose ofthis agreement is to make provisions for RVCOG to perform these services for the CITY and to provide for cost reimbursement. NOW THEREFORE, in consideration of the mutual terms, conditions, stipulations and covenants herein contained, the PARTIES do hereby agree to the following: A. EMPLOYMENT OF RVCOG CITY hereby agrees to engage RVCOG and RVCOG hereby agrees to perform the services hereinafter set forth. B. SCOPE OF SERVICES RVCOG shall do, perform, and carry out in a legal and proper manner, as reasonably determined by CITY, the services requested by CITY and listed in Attachment A, which is attached hereto, and by this reference incorporated herein. C. TIME OF PERFORMANCE This agreement shall take effect on July t, 2010 and terminate on June 30, 201 t unless otherwise terminated or extended pursuant to Section D of this agreement. D. AMENDMENTS AND TERMINATION 1. This document constitutes the entire agreement between the PARTIES and no other agreement exists between them, either stated or implied. Any amendments or changes to the provisions of this agreement shall be reduced to writing and signed by both PARTIES. 2. Either party may cancel this agreement at any time with or without cause by giving thirty (30) days notice in writing and delivered in person or by certified mail to the other party. 3. If any contemplated funding from federal, state, or other sources is not obtained or continued at Icvels sufficient to allow for full performance herein, this Agreement may be modified or terminated to accommodate such reduction in funds. Such termination shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. E. PAYMENTS I. R VCOG will invoice CITY on a monthly basis. CITY shall reimburse RVCOG within 30 days of receipt of invoice. 2. CITY will reimburse RVCOG for expenditures incurred on a monthly basis as requested after receipt of dated and signed requests for payment and upon receipt of required forms documenting work accomplished. 3. Maximum payment to RVCOG under this agreemcnt shall be $5,000. F. RESPONSIBILITIES CITY shall administratively assist RVCOG inaccomplishing the tasks identified under Scope of Services by making the payments identified in Section E. above; maintaining regular communication with RVCOG; helping to resolve differences that may arise between the PARTIES; and providing background information and technical support as necessary to accomplish any task assigned. G. INDEMNIFICATION t. Subject to the limitations and conditions ofthe Oregon Tort Claims Act, ORS 30.260-30.300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the parties agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither party shall be liable for any loss, damage, injury, claim, or demand against each other arising from their respective activities in connection with this agreement, except as otherwise expressly set forth herein. 2. RVCOG shall comply with all applicablc laws, ordinances and codes of the federal, state and local governments in its performance under this Agreement. 2 3. R VCOG, its subcontractors, if any, and all employees providing work, labor or materials under this agreement are subject employees under the Oregon Workers' Compensation law and shall comply with ORS 656.017 which requires them to provide Workers' Compensation coverage for all their employees. IfRVCOG performs the work without assistance of any employees, it need not obtain such coverage. H. INDEPENDENT CONTRACTOR RVCOG is an independent contractor under this Agreement, and neither RVCOG, its subcontractors, nor its employees are employees of CITY. RVCOG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. I. ASSIGNMENT AND SUBCONTRACTS RVCOG shall not assign this contrac~ or subcontract any portion ofthe work without the prior written consent of CITY, whose consent shall not be unreasonably withheld. Any attempted assignment or subcontract without CITY's written consent shall be void. RVCOG shall be fully responsible for the acts or omissions or any of the assigns or subcontractors and of all persons employed by them. The approval by CITY of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and CITY. J. LIMITATIONS This agreement in no way restricts RVCOG or CITY from participating in similar agreements with other public or private agencies, organizations, or individuals with regard to any aspect ofthis agreement, so long as the same do not umeasonably interfere with each parties' performance herein. K. CONFIDENTIALITY - NON-DISCLOSURE Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report, information, or other data given to or prepared or assembled by the RVCOG pursuant to this Agreement which the CITY has requested be kept confidential, shall be made available to any individual or organization by RVCOG without the prior written approval of CITY. 1. REPORTS AND RECORDS All work produced by R VCOG while working for the CITY shall be the exclusive property of the CITY provided that RVCOG may obtain a copy of any public record information by paying for the reproduction costs thereof. 3 IN WITNESS WHEREOF, RVCOG AND CITY have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO THE AGREEMENT CITY OF ASHLAND Authorized Signature Title Date RVCOG Authorized Signature Title' Date 4 Scope of Work for Assistance to the City of Ashland Phase II Stormwater Implementation - Public Education and Outreach, Public Involvement and Participation Presented to City of Ashland on May 14, 2010 for July 1,2010 - June 30,2011 RVCOG will work with the City of Ashland to implement the public education/outreach . and public involvement and participation activities necessary to meet the pennit obligations of the NPDES Stonnwater Phase II Stonnwater Management Plan for the City of Ashland. This program is being coordinated with similar programs for the City of Medford, Rogue Valley Sewer Services (RVS) and the RVS communities (Talent, Phoenix, Central Point and Jackson County). Estimated costs for budgeting purposes are calculated at an average of $65 per hour, which includes miscellaneous expenses such as indirect costs, supplies and mileage. Actual costs will be billed as incurred. Task Hours Cost Task I: Education / Outreach Strategy Implementation 10 hours $650 . R VCOG will build and maintain existing relationships between Ashland's Phase II municipal stonnwater program and school districts and private schools in Ashland. RVCOG will look for opportunities to integrate stonnwater education into existing water quality related education projects and programs. RVCOG will work with the City and other regional stonnwater partners to host a Bear Creek Watershed Tour for school teachers on October 12th, and will incorporate stormwater components into the tour. . R VCOG will coordinate with the existing water quality and environmental education groups in the area including the Bear Creek Watershed Education Partners (BCWEP), other schoolteachers and science/natural history curriculum directors, the Bear Creek Watershed Council, North Mountain Park Nature Center, ScienceWorks, OSU Extension, and other educational groups. Educational resources and curricula will be adapted and developed as needed from infonnation sources such as Science Works, Healthy Waters Institute, Water Sourcebook, EarthForce, Regional Environmental Education Forum, and others. RVCOG will monitor the effectiveness of the Outreach Strategy, and will record milestones achieved for inclusion in the Annual Report to DEQ. Task 2: Stonnwater Brochures and Displays 20 hours $1,300 . RVCOG will update the general stonnwater brochure as requested by the City of Ashland. The brochure includes hotline telephone numbers for spills and water quality complaints in the Ashland area. . RVCOG will develop spccific brochures for other target groups and areas of concern including pet waste disposal, track out, illicit discharges, dumping, landscaping practices, etc. RVCOG will continue to print and supply existing 5 . targeted brochures on erosion prevention and sediment control, and pollution prevention associated with concrete construction practices and painting. . Record the number and type of brochures delivered to the City of Ashland. . RVCOG will update the stormwater poster boards and other educational and interactive materials, and set up and staff the displays at educational events. Printing costs $320 Task 3: Work with Volunteers on Stormwater 10 hours $650 . Continue to develop and maintain program for volunteers to assist in improving stormwater quality in Ashland neighborhoods. This program will include: marking catch basins with stick-on disks, distribution of stormwater information, and presentations and staffing of stormwater displays at local public events. . RVeOG will contact volunteer groups to seek assistance with the above program. . . R VeOG will assist volunteers and volunteer organizations that actively contact RVCOG or the City of Ashland. Task 4: Develop Speakers Bureau and Vendor Displays 10 hours $650 . RVCOG will develop a list of presenters from the City of Ashland to provide stormwater presentations to the public and other interested and affected groups such as the construction industry and environmental/conservation organizations. . Coordinate presentations by others, including agency personnel and stonnwater experts. RVCOG will provide presentations to interested parties on stormwater issues. Records of presentations and number of attendees will be kept. Task 5: Stonnwater Advisory Team (SWAT) 4 hours $260 . RVCOG will continue to be an active member of the SWAT and attend meetings. . Continue to review and provide comments on documents, prescntations and programs developed by the SW AT. . Review external regulatory documents and other sources of stormwater information, and provide up to date stormwater information to the City. . Task 6: Public ReviewlPublic Meetings 12 hours $780 RVeOG will work with the City of Ashland to hold at least one public meeting and publish at least one public notice during the year. ~ , . Task 7: Distribute News Release 6 hours $390 . At least one news release and story on Ashland's stormwater program will be distributed to local media this year. TOTAL COST = $5,000 6 CITY OF ASHLAND Council Communication Intergovernmental Agreements with Emergency Communications of Southern Ore~on to Provide Emer~ency Dispatch Services to Ashland Meeting Date: June 29,2010 Primary Staff Contact: Terry Holderness Department: Police Department E-Mail: holdernet@ashland.or.us Secondary Dept.: Fire Departmen Secondary Contact: John Karns Approval: Martha Berm Estimated Time: Consent Question: Does the Council wish to enter into an Intergovernmental Agreement with Emergency Commrmications of Southern Oregon to provide Emergency Dispatch Services to Ashland? Staff Recommendation: Staff recommends that the Council authorize entering into an intergovernmental agreement with Emergency Communications of SoutheIT) Oregon top provide emergency dispatch services in Ashland. Background: The Police and Fire Departments presently contract with the City of Medford for emergency dispatch services. All Jackson County emergency services including those previously provided by the City of Medford will be consolidated into the new Emergency Communications of Southern Oregon (ECSO). This consolidation will take place on July I, 2010. After that time there is no viable option other then ECSO available to the City of Ashland for providing emergency dispatch services. At this time staff estimates that becoming part of ECSO will reduce the cost of emergency dispatch services for the City of Ashland by over $100,000 a year. The Council has already passed an ordinance agreeing to participate in the formation ofECSO. To complete that process the Council must approve these final two intergovernmental agreements agreeing to the actual fees the police and fire departments will be required to pay for these services. Related City Policies: None. Council Options: Approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services. Potential Motions: Move to approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services. Attachments: Intergovernmental Agreement for dispatch services to Ashland Police Department. Intergovernmental Agreement for dispatch services to Ashland Fire and Rescue. Page I of I rj.' ~!~ECSe~ a . * EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of , 20~, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND POLICE DEPARTMENT hereafter "USER." WIT N E SSE T H: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, 'and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Qwest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents wil! provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's. keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 8) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. 2 e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. , 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-fiIe and Master Street Address Guide. 7) Provide Phase II 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2010, and end at midnight on June 30, 2011. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1 st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. c. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supeNise seNices provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize seNice among conflicting seNice demands. b. ECSO may contract to provide seNices to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of seNice provided to the current Users. c. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of seNice. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-seNice job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $329,780.96 in consideration of the seNices outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. c. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% %) per month from its due date. 4 d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. . e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services to . USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of .the arbitration. 5 13. Savings Clause: , If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 USER: 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 ~A~Ecsei EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Coniract is made and entered into in duplicate this day of , 20_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND FIRE DEPARTMENT hereafter "USER." WIT N E SSE T H: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and. dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Owest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 8) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. 2 e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. . 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase II 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2010, and end at midnight on June 30, 2011. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. c. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. c. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $145,784.99 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. c. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% %) per month from its due date. \ 4 d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages; or otherwise arising out of its sole and solitary acts. . 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services'to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. . The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 5 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: Any notice required or permitted under this Contract shall be given. when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 USER: 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 CITY OF A.SHLAND Council Communication' Meeting Date: Department: Secondary Dept: Approval: An Intergovernmental Agreement with Jackson County for Building Inspection Services June 29, 2010 Primary Staff Contact: Community Development E-Mail: Legal Secondary Contact: Martha Bennet Estimated Time: Bill Molnar bill0lashland.or. us Richard Appicello Consent Question: Should the Council authorize signature of an Intergovernmental Agreement with Jackson County to provide building inspection services? Staff Recommendation: Authorize the signature of a contract (IGA) entitled "Intergovernmental Agreement for Building Inspection Services" with the County of Jackson, Board of Commissioners and the City of Ashland, Background: Since the mid 90's, the City of Ashland and Jackson County have made certified inspectors available on dates requested by the other party to perform building inspections. This activity was previously agreed upon under Intergovernmental Agreement signed in June 2009, Additionally, the city has an agreement with the City of Medford to perform Building Official duties, as required by the State of Oregon, on an interim basis until a new Building Official has been hired. . Since Ashland Building Official, Mike Broomfield, retired in December 2009, the Ashland Building Safety Division has lacked personnel with A-level Electrical and A-level Mechanical certifications necessary to perform specific inspections. For the past several months, electrical and mechanical inspections for commercial structures have been performed under the existing IGA through Jackson County by qualified inspectors. Accordingly, the extension of this IGA will continue the ability of both Ashland and Jackson County to mutually utilize services when necessary, specifically with respect to Ashland's need for personnel qualified to carry out A-level electrical and mechanical inspections. Related City Policies: None Council Options: Approve the Intergovernmental Agreement between Jackson County and the City of Ashland to perform building inspection services within each respective jurisdiction. Approve the Intergovernmental Agreement between Jackson County and the City of Ashland, along with the following modifications, to perform building inspection services within each respective jurisdiction, Page 1 of2 r.l1 CITY OF ASHLAND Potential Motions: Move approval of entering into an Intergovernmental Agreement with the County of Jackson to perform building inspection services as needed. Attachments: Intergovernmental Agreement for Building Inspection Services Page 2 of 2 ~~, INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This agreement, hereinafter referred to as "Agreement",. is made and entered into by and between the County of Jackson, Board of Commissioners, herein after referred to "County", and City of Ashland ("City"). STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to jointly provide for the performance of a function or activity in cooperation with a"unit of local govemment" that includes a commission or other govenunental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officcrs designated herein to pcrform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITAL 1. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and 2. The County and the City require the services of qualified building inspectors for the performance of routine building code inspections; and 3. The County and the City employ inspectors with the particular training, ability, knowledge. and experience to meet the needs of the County and the City. NOW. THEREFORE in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The recitals set forth above are true and correct and are incorporated herein by this reference. Intergovernmental Agreement - Jackson County I - I ( 2. COOPERATION AND SERVICES TO BE SHARED a. County Respousibilitics: 1) The County shall make available to the City Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the City. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and Jackson County Building Official. A statement of work is contained in Exhibit A attached hereto and made a patt hereof by this reference. The County Inspectors providing services to the City pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the City Inspectors with respect to any and all violations of State Law and City Ordinances. b. City Responsibilities: 1) The City shall make available to the County Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the County. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Jackson County Buildiug Official and Ashland Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The City Inspectors providing services to the County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the County Inspectors with respect to any and all violations of State Law and County Ordinances. 3. APPORTIONMENT FOR FUNDING a. The County shall promptly reimburse the City for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70.00 per hour, not to exceed $10,000 for the initial contract ierm. b. The City shall promptly reimburse the County for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70.00 per hour. not to exceed $10,000 for the initial contract term. 4. PERSONNEL. No employees will be formally transfen'ed pursuant to this Agreement. The County and City will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City and the County are subject employers under ORS Chapter 656. and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. The Agreement does not change the status of any employee, contractor or officer of the City or County. Intergovernmental Agreement - Jackson County I - 2 5. LIMIT A TIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other party under this agrcement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including, but not limited to, delay, or intel1'Uption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 6. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act. ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions andlor failure to act and shall indemnify and hold the other party harmless from any liability, cost or damage arising therefrom, Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents. The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 7. TERM OF AGREEMENT The tcrm of this Agreement shall become effective upon the date which this Agreement is fully executed by all Parties and shall continue in full force until June 30. 201 I or until earlier terminated as provided herein. 8. TERMINATION a, Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Parties' Convenience. This contract may be terminated at any time by either Party upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. Either party may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to the City or County, or at such later date as may be established by the County, under any of the following conditions: 1) If any license or certificate required by law or regulation to be held by the City or the County to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. , Intergovernmental Agreement - Jackson County 1- 3 d. For Default or Breach. 1) Either County or City may tenninate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing'the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 2) Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term shall be waived or deleted except in writing signed in advance by the parties. 3) In the event of a dispute relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation. The parties will share the administrative costs of the mediation and the mediator's fees equally. Mediation fees shall be limited to those customarily charged in Jackson County. Oregon by state comt appointed mediators. The parties will attempt to jointly select a mediator within ten (10) days of a party giving notice to the other party of its desire to undertake mediation. In the event the parties cannot agree to a mediator within such ten (10) day period. then within five (5) days thereafter, each shall select a mediator. and the two selected mediators will designate a third mediator who will then mediate the dispute. The first two mediators may charge the choosing party for its services to select the third mediator. In the event mediation fails to resolve the dispute, a party may commence legal proceedings, and in such case each party shall be responsible for its own costs and attorneys' fees incurred in connection which such proceedings. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Jackson County Attn: Kathy A Cote 10 South Oak dale. Room 100 Medford, OR 97501 Phone: 541-774-6933 City of Ashland Attn: Carolyn Sehwendener 51 Winburn Way Ashland, OR 97520 Phone: 541-488-5309 Intergovernmental Agreement - Jackson County / - 4 10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all pmties hereto have executed this Agreement. b. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. c. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATI';MENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the palties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms arid conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. JACKSON COUNTY OREGON CITY OF ASHLAND OREGON Danny Jordan Administrator Date John Stromberg Mayor Date Approved As To Legal Sufficiency: County Counsel r Intergovernmental Agreement - Jackson County / - 5 STATEMENT OF WORK EXHIBIT A Through this Agreement the City of Ashland agrees to perform site built electrical, plumbing, and structural/mechanical and manufactured home set up inspections on behalf of Jackson County and Jackson County agrees to perform site built electrical, plumbing and structural/mechanical and manufactured home set up inspections on behalf of the City of Ashland. A. The City of Ashland shall: When performing site built inspections for the County: 1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to thc electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the County within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the County). Return Inspection Report Form with cOl1'ection notes to the County at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. . Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the County a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the County: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. Intergovernmental Agreement - Jackson County /- 6 B. The County shall: When performing site built inspections for the City: r 1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the City within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the City). Return Inspection Report Form with correction notes to the City at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the City a monthly request for payment to be submitted with a detailed spreadsheet listing date and location of inspection, type of inspection and inspection time spent. When requesting site built inspections to be done by the City: I. Provide all necessary.forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. , Intergovernmental Agreement - Jackson County / - 7 CITY OF ASHLAND Council Communication Public Hearing for Ashland Fire and Rescue Cost Recovery Fee Schedule Meeting Date: June 29, 2010 Primary Staff Contact: John Karns Department: Fire Department E-Mail: kamsj@ashland.or.us Secondary Dept.: Administration Secondary Contact: John Karns Approval: Martha Benn Estimated Time: 10 minutes Question: Does the Council wish to adopt a resolution adopting the Ashland Fire and Rescue cost recovery fee schedule? Staff Recommendation: Staff recommends the adoption of the fee schedule for cost recovery for Ashland Fire and Rescue. Background: Council approved First Reading ofa related ordinance on June 15,2010. 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 (MV 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 timely 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: . 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. . 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. Page I 0[2 ~~, CITY OF ASHLAND . Billing for emergency services will be through a contracted third-party vendor with knowledge of applicable laws and regulations. . Billing for responses will be initiated when on scene staff hours exceeds two and the National Fire Incident Reporting System (NFIRS) 321-324 and 400-471 codes apply. Fiscal Impact: This program should generate approximately $15,000 to $18,000 annually depending upon response acti vi ty. Council Options: Council can direct staff to: . Adopt the resolution for the fee schedule . Revise the fee schedule . Table the proposal Potential Motions: . I move that the City Attachments: Proposed Resolution Exhibit A: Ashland Fire and Rescue Hourly Reimbursement Rate Page 20f2 r~' RESOLUTION NO. 2010- A RESOLUTION ESTABLISHING COST RECOVERY FEES FOR ASHLAND FIRE AND RESCUE Recitals: A. The number of emergency service responses continues to increase each year, environmental protection requirements involve an increased level of equipment and training, and hazardous materials incidents create substantial demands on all operational aspects of emergency services. B. Motor vehicle collisions are requiring an increasingly complex array of extrication equipment due to modem vehicle construction and materials. C. 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. D. Many motor vehicle collisions and hazardous materials incidents involve individuals not owning property or paying taxes in the City of Ashland. E. Billing for responses will be initiated when on scene staff hours exceeds two and the National Fire Incident Reporting System (NFIRS) 321-324 and 400-471 codes apply. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to AMC 15.28.170 [Cost Recovery Fees], Exhibit A establishes user fees based on the actual costs of the services, personnel, supplies, and equipment a responsible party would utilize when Ashland Fire and Rescue (AFR) responds to a motor vehicle collision or a hazardous materials incident. The responsible party is the person or entity that was at fault in the incident. If fault cannot be determined, then all parties involved shall be held jointly and severally liable for the costs incurred by AFR when it responded to the incident. The cost shall be in addition to any other costs or claims such as damage to vehicles, damage to property, or mJunes. / SECTION 2. This resolution was duly PASSED and ADOPTED this ,2010, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Reso No. Page I ofl EXHIBIT A ASHLAND FIRE and RESCUE HOURLY REIMBURSMENT RATE APPARATUS TYPE I TYPE II TYPE III TYPE IV TYPE V TYPE VI STRUCTURAL ENGINE (May Have Off-Road BRUSH (With Off-Road BRUSH (With Off-Road Capability) (Meets 190 I Capability) Capability) Standards) Pump (GPM) 1000 + 500 - 999 120 70 50 50 Tank (Gallons) 400 400 >300 < 750 500 200 ($ I 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 ($150/Hr) ($ I OO/Hr) EQUIPMENTI PERSONNEL In Use N/A N/A N/A N/A N/A TRANSPORP" Only ($20/Hr) COMMAND VEHICLP" ($ I 5/Hr) N/A N/A N/A N/A N/A MOBILE COMMAND ($ I OO/Hr) N/A N/A N/A N/A N/A CENTER Personnel Reimbursement Costs aJ 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. CITY OF ASHLAND Council Communication Implementation of Emer~ency Response Cost Recovery Pro~ram Meeting Date: Department: Secondary Dept.: Approval: June 29, 2010 Fire Department Administration Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: John Karns karnsj@ashland.or.us John Karns 5 minutes Question: Will the Council approve Second 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 & Rescue"? . Staff Recommendation: Staffrecommends approval of Second Reading of the proposed ordinance, which establishes charges and rates for cost recovery for emergency responses of 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 (MV 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 leyel of emergency service capability in times of increasing service demands and fiscal challenges. Many motor vehicle accidents and hazardous materials incidents involve individuals. Additionally, in jurisdictions where there is an effective response by fire and rescue services, insurance carriers realize a decreased cost through timely 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: . 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. . 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. Page I of2 . JIIF.. r_~ CITY OF ASHLAND . 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: Council can direct staff to: . Approve Second Reading of the Ordinance . Decline Second Reading of the Ordinance Potential Motions: . 1 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 ) Page 2 of2 r.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 deletioHs and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section I 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; and WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,531 P 2d 730, 734 (1975); and WHEREAS, the number of emergency service responses continues to increase each year, environmental protection requirements involve an increased level of equipment and training, and hazardous materials incidents create substantial demands on all operational aspects of emergency services; and WHEREAS, motor vehicle collisions are requiring an increasingly complex array of extrication equipment due to modem 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 collisions 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. Section 15.28.170 [Cost Recovery Fe~s] is hereby added to read as follows: Ordinance No. Page I of3 15.28.170. Cost Recovery Fees A. Fees Established. The City of Ashland Fire and Rescue Services shall charge user fees for the delivery of Fire and Rescue Services, personnel, supplies and equipment to the scene of motor vehicle collisions and hazardous materials incidents as established by resolution. B. Responsible Party. The user fee shall be charged to the responsible party. The responsible party is the person or entity .that was at fault in the incident. If fault cannot be determined, then all parties involved shall be held jointly and severally liable for the costs incurred by AFRwhen it responded to the incident. The cost shall be in addition to any other costs or claims such as damage to vehicles, damage to property, or injuries. C. Imposition of Fees. I. Motor Vehicle Collisions & Hazardous Materials Incidents. The user fees for motor vehicle collisions (MVC) 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. However, responses involving intoxicated drivers, hazardous materials clean-up, and negligent acts may be subject to all applicable fees regardless of residency. 2. Utilities. In the event that damage to utilities is causing a safety hazard on a public right of way that causes emergency responders to deem the area unsafe and remain on scene until the hazard is eliminated, user fees shall be assessed to the responsible party, including the utility if equipment related problems are causing emergency services to respond. D. Billing Procedures. Ashland Fire and Rescue shall serve the owner and the person responsible with a notice stating the total cost of all fees shall be paid within thirty (30) days, and stating that the bill can be disputed by filing an appeal pursuant to 2.30.020 [Administrative Appeals Process]. E. Appeal Procedures. The person responsible may appeal AFR's determination of the user fees pursuant to AMC 2.30.020 [Administrative Appeals Process]. In the event ofa timely objection or appeal,.the costs, if any, shall be due upon conclusion of the objection or appeal process. 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. . Ordinance No. Page 2 of3 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 3 of3 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 STRUcruRAL ENGINE (May Have OfT-Road BRUSH (With OfT-Road BRUSH (With OfT-Road Capability) (Meets 1901 Capability) Capability) Standards) Pump (GPM) 1000 + 500 - 999 120 70 50 50 Tank (Gallons) 400 400 >300 < 750 500 200 ($ I oolHr) ($80IHr) (S60IHr) ($40IHr) ($301Hr) ($25IHr) TRUCK Aerial Elevated Master Stream N/A N/A N/A N/A ($ I 501Hr) ($100IHr) EQUIPMENTI PERSONNEL In Use N/A . N/A N/A N/A N/A TRANSPORT'. Only ($20IHr) COMMAND VElllCLE.. ($15IHr) N/A N/A N/A N/A N/A MOBll-E COMMAND ($100IHr) N/A N/A N/A N/A N/A CENfER Personnel Reimbursement Costs a) Career Firefighters Whenever aid is supplied the reimbursement compensation paid to employees during the time such incidents will be at the current applicable overtime rate as scheduled in the current budget. Exhibit B AD)ID;1STRATlO~ DI\1SI0~ Billir.gScbed1:lesz::ulFoltll5 Amil "OOi 2. STATE FIRE MARSHAL STANDARDIZED COST SCHEDuLE OREGON FIRE SERna: .\JOBILlZ.4IlON PU,N DfERC~CY CO:\'fl.ACRATIOl\' .-\CI HOtiRL Y RmffitiRSL\fEl\'T R-\TE APPARATUS nl'E1 n'PEU nl'EID nl'E [\' n'PEV n'PEVI ,STRUCTURAl C::;-G~"E ~'Ilal'. Off.RDoO BRUSH BRUSH . Cqlilbilin') (\Vilh Off.R.o&d Capllrility) (\Vith Off-RDoO Cap.bilily) 'Mtets 1901 StiM..'1lI' i'uIIl;>((iPM) iCOD+ SIlO-999 120 iO SO SO TUIlc(Gl!Ions) 4CO >300 .$:750 SIlO :!OD 4CO (SlOO'Hr) "SO-Hr' (s-l~'Hr) (S4O,F.r) (S30'Hr) (mlHI) \VATER ITNDER i'uIIl;>(C,PM) 3CO 200 100 TUIlc(G.JJOlIS) 5000 2500 lOCO NIA NlA NIA .- (SiO-Hr) (SSO'Hr) (BOIHr) TRUCK AttW Elm1ed Mmm (SlSO,Hr' ,,~~ NIA NlA ~/A NiA 100' p EQUIPMENTI PERSONl'<"E!. !nUse NlA N/A NlA 1'/A NIA TRANSPORT.. O:il}' (\10'Hr\ COMr.<A'1) "1S,Hr\ VEHICLE. . NlA KiA NlA 1'IA NIA RESCUE ""S,Hr' N/.. \lEIIICU. NlA NlA 1'IA NIA Speci.lized equipment or .PP....tus shill bo '" . ...'" negotizted with tho Offic:. of S.... FUe MMslW, e.g., mobile ~m;"ation. maintl!lWlCal'repair, ~ city sen-ice, aircraft fire, chemical, m1.1!stigaticm, JUU..Iat. W\"y lY.;.CUe, w~ter craft, tow truck, air ~tem, pOM!l' plams. Note: ...fpparatus not matching t;}ping crireria (pump [GP.\f) or tank [gaIlon:;J) will btJ classified to the most restTit'tn:-e t)pe. e.g_. an 6fJgiJ!e \ldth Q pump of 100 GP.\1 "ith a :>300 gal/on tonk \lould be clasmJ as 0 1)1'" IV engjn.. A tenda \I;th 0 250 GPM pump and 5000 gal/on rank would be classed as 0 T.,po n render, . .. NottJ: Includes medic units and ambulances. **Nots: Whtm a J1Ti\"Qfg \-"ehidB is used. th6 stottl reimburs6S mi16agf1 O1t'O-'. ill-C-2 ..t6l~'b~ Exhibit C 478.310 Response to fire or public safety incident outside its own territory by district or municipality; (I) 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 fife-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 depreciatioJ!, 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.667 923; 1983 c.572 91; 1987 c.834 92; 1997 c.274 938] CITY OF ASHLAND Council Communication Second Reading of an Ordinance Levying Taxes for the Period of July 1, 2010 to and including June 30, 2011, such taxes in the sum of $9,470,164 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon June 16,2009 Primary Staff Contact: Lee Tuneberg Administrative Services E-Mail: tuneber1@ashland.or.us None Secondary Contact: None Martha Bennet Estimated Time: 5 Minutes Meeting Date: Department: Secondary Dept.: Approval: Question: Will Council approve Second Reading of an Ordinance to Levy the Taxes for the Period ofJuly I, 2010 to and including June 30, 2011? Staff Recommendation: Staffrecommends approval of the attached Ordinance by its second reading. Background: This is the second reading of the Ordinance duly noticed, approved and read by title on June 15,2010. It is an ordinance that levies the taxes provided for in the adopted budget in the permanent rate of $4.2133 per thousand an amount estimated to be $8,664,360, voter authorized Local Option in the rate of $.1921 per thousand an amount estimated to be $394,999 as well as $410,805 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July I, 20 I 0, on all taxable property within the City. Related City Policies: Financial Management Policies Council Options: Council may approve the above tax rates by second reading, may decrease the tax rates or defer action to gather more information. Potential Motions: Council moves to approve second reading of the Ordinance as presented. Attachments: Ordinance Page 1 of 1 r~' ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1,2010 TO AND INCLUDING JUNE 30, 2011, SUCH TAXES IN THE SUM OF $9,470,164 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section I. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of$4.2133 per thousand an amount estimated to be $8,664,360, voter authorized Local Option in the rate of $.1921 per thousand an amount estimated to be $394,999 as well as $410,805 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1,2010, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Subject to General Excluded from General Government Limitation Government Limitation Rate Permanent Rate Local Option Bonded Debt Per $ 1,000 General Fund - Operations $ 4,000,726 1,9455 General Fund - Technology Fee 360,000 0.1750 Parks and Recreation Fund 4,303,634 2,0928 Ashland Library Levy 394,999 0.1921 2005 GO Bonds 410,805 $ 8,664,360 $ 394,999 $ 410,805 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 1 of 1 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution regarding Council's recommendation on the Greater Bear Creek Regional Solving Plan (RPS) June 29,2010 Primary Staff Contact: Community Development E-Mail: , N! A Secondary Contact: Martha Benne Estimated Time: Bill Molnar bill(a),ashland.oLus Derek Severson 20 minutes Question: Does the City Council wish to adopt a resolution making a recommendation to Jackson County on issues to be addressed prior to adoption of the Greater Bear Creek Valley Regional Problem Solving (RPS) Plan? Staff Recommendation: Staffrecommends that Council adopt a resolution making a formal recommendation to Jackson County on several specific issues in the RPS Plan. In general, these recommended changes to the Regional Problem Solving Plan are intended to provide assurance that key issues highlighted by the Mayor, Council and citizens over the past three years are given appropriate consideration prior to county adoption. An overview of the changes to the proposed resolution, as suggested at the June 15th Council meeting, has been includes below. Background: The Oregon Revised Statutes allow for the establishment of regional problem solving programs in counties and regions throughout the state. This collaborative regional planning process is intended to provide a framework directed toward resolving land use problems in a region. The City of Ashland entered into a "Collaborative Regional Problem Solving" process in 2000 along with several other Bear Creek Valley municipalities and Jackson County. The RPS process brought together the cities of Ashland, Central Point, Eagle Point, Medford, Phoenix and Talent, as well as Jackson County and a number of state agencies. The participants worked to identify lands suitable for long-term urban growth that are sufficient to accommodate the doubling of the region's population over the next forty to fifty years. Lands that have been selected to accommodate future urban growth within the region have been designated as Urban Reserve Areas (URA's) in the plan. These URA's are those into which cities will eventually expand their urban growth boundaries and, ultimately, their city limits. Ashland is the only city participating in the RPS process that has not identified URA's, as the Council previously determined that with more efficient land use strategies, the lands already within Ashland's city limits and urban growth boundary were sufficient to accommodate the city's anticipated growth. After considering an initial draft plan in 2007, a letter was sent from then-Mayor John Morrison to the RPS Policy Committee that described several areas where Ashland wanted to see the plan changed. The areas identified in that letter were: efficient use of existing lands, transportation planning and Page 1 of3 r~' CITY OF ASHLAND implementation, the loss of high value agricultural lands, and coordinated population allocations. , These comments were based upon a Council discussion of the draft plan. In September of 2008, the Council acknowledged general agreement with the, Regional Problem Solving (RPS) process and adopted a resolution supporting Regional Problem Solving (RPS) in the Greater Bear Creek Valley as well as the general sequencing of the RPS approval process as envisioned through the Jackson County Comprehensive Plan Amendment process. Ashland signed the formal Participants Agreement in December of2009. After more than a decade, a draft RPS Plan is complete, and it is anticipated that over the coming months the plan will be reviewed and adopted. Jackson County, the land use authority with regional jurisdiction that will ultimately adopt the plan, is currently holding a series of public hearings to review the document before their Planning Commission, and the individual cities Planning Commissions and Councils are holding their own hearings as well. Jackson County's Planning Commission will make a recommendation to their Board of Commissioners, and the Board will ultimately adopt the plan. Each participating municipality will then need to ,adopt the relevant portions of the County-approved plan into their Comprehensive Plans and Land Use Ordinances. The acknowledgement process for the plan will not begin at the state level until the County has approved the RPS plan, and each participating muniCipality has adopted it as well. At an April 27, 2010 meeting, the Planning Commission heard a presentation and took comments on the Draft Regional Plan and the efforts to date, and there was general agreement with reinforcing the issues which were previously raised in the 2007 letter. In addition, the Planning Commission was in agreement that minimum lot size restrictions within a mile of Ashland's city limits (i.e. the "urban fringe") which are currently in both state law and county land use regulations but are set to expire with completion of the RPS process should be maintained until urban reserve areas are identified for Ashland. Proposed Resolution - Recommended Revisions At the June 15th Council meeting, the Council made several recommendations for changes and additions to the proposed resolution. Based upon this feedback, staff has incorporated additional items for consideration. by the Jackson County Planning Commission and Board of Commissioners, in anticipation of the Plan proceeding through the land use hearing process. L Population - The wording in the resolution requesting review and adjustment of Ashland's population projection has been strengthened with mandatory language. 2. Efficient Land Use and Transportation Planning/lmplementation - The resolution has broken down this section into parts in order to address three areas of interest. First, the City endorses the recommendation by DLCD for the Regional Plan to incorporate the higher target density, lower land need scenario of 7.26 dwelling units/acre. The resolution suggests the need for flexibility by permitting a transfer of density to a different place within the Urban Growth Boundary, should location, the physical characteristics of the land or poor proximity to existing or future planned transit facilities be seen as an genuine factor effecting the proposal. Second, the resolution . identifies the need to verify compliance with the target density standard by requiring a conceptual plan at the time a request is made to expand the UGB, as a result in the addition of land from an Page 2 of3 r.l' CITY OF A.SHLAND identified urban reserve. The conceptual plan would need to illustrate as well as describe how the target density standard was being met, or how density would be increased elsewhere in the UGB through approval of a plan amendment and associated density transfer. Third, the resolution recommends that all participants in the regional planning process commit to a meaningful increase in the overall density within the existing UGB prior to considering expansion into proposed urban reserve areas. 3. Urban Fringe - This section has not been changed 4. Jurisdictional Transfer - This section has not been changed 5. High Value Farm Land - As suggested by Council at the June 15th meeting, this section has been added to the proposed resolution 6. Housing Strategies - As suggested by Council at the June 15th meeting, this section has been added to the proposed resolution Related City Policies: Ashland Comprehensive Plan policies related to the recognition of the need for regional collaboration with respect to laI\d use planning issues. Council Options: I. Adopt the proposed resolution making a recommendation to Jackson County regarding the adoption ofthe RPS Plan; 2. Adopt the proposed resolution, as amended by the Council, making a recommendation to Jackson County regarding adoption of the RPS Plan; Potential Motions: 1. Move to adopt the proposed resolution making a recommendation to Jackson County on the adoption ofthe Greater Bear Creek Valley Regional Problem Solving Plan. 2. Move to adopt the proposed resolution, including the following amendments, making a recommendation to Jackson County on the adoption of the Greater Bear Creek Valley Regional Problem Solving Plan. Attachments: Note: In addition to the attachments below, the entire Draft Regional Plan for the Greater Bear Creek Valley and supporting appendices can be viewed at the website of the Rogue Valley Council of Governments at: http://rvcog.org/mn.asp?pg=RPS Plan 2010 A calendar of public meetings to discuss the plan at the Jackson County Planning Commission and in each of the participating cities is available on-line at: http://rvcog.org/mn.asp?pg=RPS Public Meetings 2010 Exhibit A - Revised Resolution Page 3 00 r.l' RESOLUTION NO. 2010- A RESOLUTION ON BEHALF OF THE CITY OF ASHLAND RECOMMENDING RESOLUTION OF ISSUES RELATING TO THE CITY OF ASHLAND AS PART OF ADOPTION OF THE GREATER BEAR CREEK V ALLEY REGIONAL PROBLEM SOLVING PLAN. Recitals: A. WHEREAS Pursuant toformer ORS 197.654 (I) (2007), Jackson County and the cities of Medford, Ashland, Central Point, Eagle Point, Phoenix and Talent, entered into a collaborative regional problem-solving (RPS) process; and B. WHEREAS the City of Ashland (City), as a participant in RPS, having signed a Participants' Agreement identifying a regional land use problem, establishing goals addressing the problem, creating mechanisms for achieving such goals, and a system for monitoring the implementation and effectiveness of the those goals; and C. WHEREAS the Greater Bear Creek Valley Regional Problem Solving Plan (the "RPS Plan") contemplated by the Participants' Agreement has been proposed under the provisions of former ORS 197.654(1) andformer 197.656(2), which remain'applicable to this RPS process; and D. WHEREAS Jackson County is the local government charged with adopting the final RPS Plan; and E. WHEREAS the RPS process must include: (a) An opportunity for involvement by other stakeholders with an interest in the problem; and (b) Efforts among the collaborators to agree on goals, objectives and measures of success; and F. WHEREAS the City has been requested to make recommendation(s) to Jackson County concerning the contents and adoption ofthe final RPS Plan, including associated maps and findings; and G. WHEREAS the City's Planning Commission discussed and took comments on the RPS Plan on April 27, 2010 and the City Council conducted a public meeting on the RPS Plan on June 15,2010,2010; and H. WHEREAS, all requirements for legal notices and advertisements have been fulfilled and public testimony accepted and recorded; now, therefore, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Page 1 of3 SECTION 1 - RPS PLAN. The City Council of Ashland hereby recommends Jackson County's adoption of the "Greater Bear Creek Valley Regional Plan", attached as Exhibit "A", and associated findings as amended with the following provisions: 1. Population - That the population allocations be reviewed and adjusted accordingly prior to adoption by the Jackson County Board of Commissioners. Specifically, the Regional Problem Solving Plan must be amended to reflect a 2040 population p~ojection consistent with an approximate 1.06 average annual growth rate (AAGR), and a 2060 population projection consistent with an approximate 0.91 average annual growth rate for Ashland over the respective planning horizons. While Jackson County's Population Element is expected to be revisited in 2012 (JC Ord. 2007-3), it must be amended prior to final adoption of the RPS Plan by the County. The Population Element must be revised based on the 1.06 percent annual growth rate through the 2020 planning horizon, and the 0.91 percent annual growth rate through the 2040 planning horizon. Population estimates must be corrected for Ashland and all other participants to reflect these projected growth rates, or alternate growth rates based upon an accepted, empirically based population projection methodology prior to adoption by the Board of Commissioners. 2. Efficient Land Use and Transportation PlanninglImplementation - That the Regional Problem Solving Plan incorporates a commitment to applying land use strategies that increase target densities and promote a healthy mix of land uses that influence greater use of a full range of transportation options (i.e. walking, cycling, transit and rail). Participants should commit to a higher target density, lower land need scenario of approximately 7.26 dwelling units per acre (as suggested by DLCD), which would provide densities more conducive to supporting a successful regional transit system. Should meeting the target density for an urban reserve area prove to be infeasible due to the location, physical characteristics of the land or lack in proximity to existing or planned transit route, the target density may be met by an increase in Plan density elsewhere in the UGB at a location without these or similar constraints. The plan shall include measures to verify compliance with these commitments as part of any proposed urban growth boundary expansion, for instance by the preparation of conceptual development plans identifying proposed residential and/or employment densities. Participants should commit to a meaningful increase in the average density within an existing urban growth boundary prior to any expansion into urban reserve areas. Page 2 of3 3. Urban Fringe - That the Regional Problem Solving Plan be amended to provide some formal assurance that the ten-acre minimum lot size requirement, as outlined in Oregon Administrative Rule 660-004-0040(8)(c), will remain in place within Ashland's urban fringe until Ashland identifies urban reserve areas and an urban reserve management agreement between Ashland and Jackson County is signed. 4. Jurisdictional Transfer - That jurisdictional transfer of County roads within existing city limits as suggested in John Vial's June 4, 2010 letter should not be tied to the adoption and acknowledgement process for the RPS Plan. This issue, only recently raised by the County, may have significant budgetary implications which need to be further considered by the Cities and the County. 5. High Value Farm Land - That Jackson County should reduce the total amount of critical commercial agricultural lands included in urban reserve areas. The City of Ashland believes that the adoption of the higher density/lower land need planning scenario and a more accurate population allocation will reduce the total amount of land needed to accommodate future urban growth, and would allow a reduction in the amount of high value farm land included in the proposed urban reserve areas. 6. Housing Strategies - That Jackson County identify a specific timeline during the Regional Problem Solving Plan adoption process for the creation of regional housing strategies that encourage a range of housing types throughout the region. Diverse and affordable housing options close to work, school and shopping are an essential element to managing growth, supporting economic development, providing schools and public services, and reducing the environmental and social, impacts of growth. SECTION 2. This resolution takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 3 of3 CITY OF ASHLAND Council Communication Appointment to Audit Committee at-large Member and Council/Mayor Liaison Meeting Date: Department: Secondary Dept.: Approval: June 29,2010 City Recorder none Martha Benn Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Question: Does the Council wish to make appointments to the Audit Committee for the at-large member position and the CouncilorlMayor liaison position? Staff Recommendation: None Background: This is the annual appointment to the Audit Committee with a term ending 4/30/2013 and the I-year appointment of the CouncilorlMayor liaison. Councilor Lemhouse served this past year as the Council liaison. Guy Nutter has requested reappointment. No other applications were received. Related City Policies: AMC 2.11.010 Council Options: Choose to appoint Guy Nutter to Audit Committee. Select a Councilor or Mayor as the liaison to the Audit Committee. Potential Motions: Motion to appoint to the Audit Committee with a term ending 4/30/2013. Motion to appoint as the CouncillMayor liaison with a term ending 4/30/2011. Attachments: None Pagelofl r~' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: League of Oregon Cities 2011 Legislative Priorities June 29, 2010 Primary Staff Contact: Martha J. Bennett Administration E-Mail: bennettm@ashland.or.us None Secondary Contact: None Martha J. Benn Estimated Time: 10 minutes Question: Which four legislative priorities would the City Council select as the top priorities for the League of Oregon Cities (LOC) during the 2011 session of the Oregon Legislature? Staff Recommendation: Staffrecommends that the Council select four issues from the shortlist identified by the Department Heads. Most of the issues recommended 'by the Department Head group would improve the City's fiscal stability or would improve the City's ability to deliver a core service. ' Background: The League of Oregon Cities sets legislative priorities for its work during the sessions of the Oregon Legislature. Under the process, the League's policy committees develop a list of preferred issues, which are then reviewed by the League Board. Currently, I serve on the League's Finance and Taxation Committee and the Community Development Committee. Mike Faught and Councilor David Chapman serve on the Transportation Committee. The Board then requests feedback from the member cities, which is the purpose ofthis Council discussion. After the cities respond, then the League Board will select a short list of priorities which will receive a higher level of staff resources during the Legislative Session. The League has fOlwarded 28 priorities to all of the 242 incorporated cities in Oregon. They have asked for a response prior to July 16 Many of the 28 issues on the policy list address a critical need ofthe city, and many others also address Council goals. The Department Head Team evaluated the list and identified II issues total that are very important for the City of Ashland. Three of these the staff recommends as the top priorities. Staff then recommends Council select one of the issues identified as "Other High Priority Issues." Council has the option to pick any of the 28 issues identified by the League. Top Prioritv Issues Staff believes these three issues respond to critical issues for the City. Most of them directly related to the City Council's fiscal stability goal. F. Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably; brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. H. Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. Page 1 of2 r.l' CITY OF A.SHLAND O. Work to achieve healthcare cost containment and protect local decision making authority in b~nefit design. Other Hi gh Priority Items Staff identified six of the other issues as important to Ashland, either because they are related to a City Council Goal or because they would increase the City's ability to deliver a program or service to the Ashland community. @ E. J. u. @ BB. Continue efforts to resolve the conflicts between the Transportation Planning Rule (TPR) and other statewide land use planning goals by changes to Oregon Department of TransportationlDepartment of Land Conservation and Development (ODOTIDLCD) procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "s" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) . Reauthorize the Business Energy Tax Credit (BETC) to leverage local investments in energy conservation, fuel conservation, renewable energy projects, as well as recruitment and expansion of renewable energy resource equipment manufacturing facilities. . Restore the Department of Public, Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. . Advocate for sustainable alternatives to fuel taxes to address decreasing State Highway Fund revenues as a result of an increase in automobile efficiency and the development of new technologies. Seek additional funding, efficiencies and program support for multi-modal transit and rail projects. Protect existing and future water rights from conditions that would prevent municipalities from meeting current or future demands. Council Options: . Select four of the policy priorities as Ashland's preferred legislative priorities . Decline to respond to the League's request. . Request an additional item Potential Motions: . I move to that the City Council select the following items as Ashland's preferences - (List items) Attachments: Correspondence from League of Oregon Cities. Page 2of2 ~~, "' m.1 LEAGUE of Oregon CITIES P.O. Box 918 . 5..1eo1U, Orr~ou Q730S (03) 588-6550. (800) 4,;2-0338 . F.x, (03) 399-4863 "..ww.orcitirs.org May 24, 2010 Dear Chief Administrative Official: For the last three months eight policy committees have worked very diligently to identify and propose specific actions as part of the league's effort to develop a pro-active legislative agenda for the 2011 session. They have identified 28 legislative objectives as set forth in the enclosed ballot and legislative recommendations materials. These objectives span a variety of issues and differ in the potential resources required to seek their achievement. Therefore, it is desirable to prioritize them in order to ensure that efforts are focused where they are most needed. Each city is being asked to review the recommendations of the policy committees and provide input to the Board of Directors as it prepares to adopt the league's 2011 legislative agenda. After your city council has had the opportunity to review the 28 proposals and discuss them with your staff, please return the enclosed ballot (please note that the ballot is double sided) indicating the top four issues that your city council would like to see the league focus on in the 2011 session. The deadline for response is July 16, 2010. The Board of Directors will then review the results of this survey of member cities, along with the recommendations of the policy committees, and determine the league's 2011 legislative agenda. Your city's participation and input will assist the Board in creating a focused set of specific legislative targets that reflect the issues of greatest importance for cities. Thank you for your involvement, and thanks to those among you who gave many hours of time and expertise in developing these proposals. Do not hesitate to contact me or any member of the Intergovernmental Relations Department with questions. Sincerely, C-jC1i Craig S. Honeyman legislative Director cc: Oregon Mayors (letter only) "Getting it done for Oregon's cities!" INSTRUCTIONS I. Each city should submit one form that reflects the consensus opinion of its city council on the top four legislative priorities for 20 II. 2. Simply place an X in the space to the left of the city's top four legislative proposals. 3. The top four do not need to be prioritized. 4. Return by July 16'0 via mail, fax or e-mail to: Angela Carey League of Oregon Cities P.O. Box 928 Salem, Oregon 97308 Fax - (503) 399-4863 acarevWlorcities.ore Thank you for your participation. City of: Please mark 4 boxes with an X that reflect the top 4 issues that your city recommends be the priorities for the League's 20 t I legislative agenda. Community Develonment o A. Support an urban growth boundary agenda that would provide for a more efficient urban growth management system (as outlined in the full Community Development Committee long-term recommendation). DB. Support legislation that would: I) create an exception to allow cities to propose and adopt population forecasts using a specified methodology, taking into consideration certain factors; 2) include conflict resolution procedures between cities and counties when adopting or amending population forecasts. DC. Support legislation that provides conflict resolution procedures between cities and counties when adopting or amending an urban growth boundary or urban reserve area. , 0 D. Continue elIorts to resolve the conflicts between the Transportation Planning Rule (TPR) and other statewide land use planning goals by changes to Oregon Department ofTransportation/Department of Land Conservation and Development (ODOTfDLCD) procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "S" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Enerl!V DE. Reauthorize the Business Energy Tax Credit (BETC) to leverage local investments in energy conservation, fuel conservation, renewable energy projects, as well as recruitment and expansion of renewable energy resource equipment manufacturing facilities. Finance & Taxation OF. Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably, brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. o G. Maintain and strengthen the state's historic commitment to the State Shared Revenue funding fonnula. Any additional taxes or surcharges on these items must be incorporated into the current fonnula so cities may continue to provide services related to these revenues. o H. Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. General Government o I. 9- t -I tax for pre-paid cell phones. 01. Restore the Department of Public Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. o K. Attach municipal court fines to tax returns. Human Resources o L. "Manager" designation for local governments. OM. Lengthen time for last best olIer submission from 14 days io 28 days. ON. Allow employers to require paperless pay. 00. Work to achieve healthcare cost containmetit and protect local decision making authority in benefit design. o P. Allow employees to choose alternative retirements option and protect the integrity and stability of Public Employee Retirement System (PERS). o Q. Eliminate the requirement for employers to provide identical health benefits for retirees as they do for active employees. Telecommunications o R. Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have led to declining revenues, Work towards an alternative revenue system for telecommunications providers. Oppose preemption of city franchising, rights-of-way and taxing authority. Transnortation o S. Resolve the disconnect between the Transportation Planning Rule (TPR) and other statewide land use planning goals. (Note: this priority is duplicative of priority "0" forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Turn over for more issues o T. Ensure that transportationlland use planning requirements, especially those established to address greenhouse gas emissions and other air quality issues, are developed with certain caveats (as outlined in the full Transportation Committee recommendation). o U. Advocate for 'sustainable alternatives to fuel taxes to address decreasing State Highway Fund revenues as a result of an increase in automobile efficiency and the development of new technologies. o V. Seek funding distribution mechanisms and formulas that reflect need as determined by system demand, function and condition. OW. Seek additional funding, efficiencies and program support for multi-modal transit and rail projects. OX. Increase the funding allocation to Oregon's small cities for road and street development and maintenance from $1 million to $5 million without unfairly impacting larger cities' share of the State Highway Fund. o Y. Enact legislation establishing a "shared road" designation allowing cities to reduce speed limits below the state-mandated minimum of 25 mph on roads that have limited capacity but are utilized by other modes. WaterlWastewater OZ. Support establishing statewide product stewardship programs to ensure recycling or proper disposal of toxic producis at the end of their Iifecycle. o AA. Recapitalize state municipal infrastructure funds to fully meet local demand on a sustained basis and fully leverage federal matching funds for water and wastewater infrastructure. o BB. Protect existing and future water rights from conditions that would prevent municipalities from meeting current or future demands. LOC Policy Committees' Legislative Recommendations Priority Community, Development A. Support an urban growth boundary agenda that will: o Determine problems to the current urban groWn boundary and urban reserve system from a statewide perspective; o Consider different policies for the annexation of areas that are pre-urbanized (those that receive services annexations vs. greenfield annexations (those without current services); o Evaluate upcoming Court of Appeals decision re: /,000 Friends v. LCDC/City oj Woodbum for parameters to codify clear standards/llltional basis in ORS197.298 for the use of higher priority land with less appeal opportunity; o Streamline the Oregon Land Conservation and Development's (LCDC) review of urban growth boundary and urban reserve decisions by adding a "llIise it or waive it" requirement to such reviews. o Propose conflict resolution procedures between cities and counties when adopting or amending urban growth boundaries or urban reserves; o Consider legislation that would . allow the sequential adoption of urban growth boundary expansion components for cities over 25,000. o Consider the effects of the transportation planning rule on urban growth boundary management; o Consider the concerns of individual cities per their recent urban growth boundary, urban reserve and annexation experiences; and o Propose appropriate legislation. Description Appeals of urban growth management amendments are growing exponentially, and are time-consuming and expensive for cities. The Community Development Committee recognizes that long term solutions require a broad, systemic approach that may take extensive evaluation. Surveys, work groups, focus groups, and professional and technical assistance from city planners and attorneys will be used to evaluate and formulate appropriate changes to existing statutes to provide a more efficient urban growth boundary management system. Page 1 of7 LOC Policy Committees' Legislative Recommendations B. Support legislation that would: I) create an exception to allow cities to propose and adopt population forecasts using a specified methodology, taking into consideration certain factors; 2) include conflict resolution procedures between cities and counties when adopting or amending oonulation forecasts. C. Support legislation that provides conflict resolution procedures between cities and counties when adopting or amending an urban growth boundary or an urban reserve area. D. Continue efforts to resolve the conflicts between the transportation planning rule and other statewide land use planning goals by changes to ODOT/DLCD procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "S" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) ED'~m2,> E. Reauthorize the Business Energy Tax Credit (BETC) to leverage local investments in energy conservation, fuel conservation, renewable energy projects, as well as recruitment and expansion of renewable energy resource equipment manufacturing facilities. o Extend the program sunset dates; o Maintain BETC access for public projects; o Ensure funding for a full range of manufacturing, renewable energy, energy conservation, and fuel conservation projects; o Make the pass-through process more predictable and market- driven; and o Maximize certainty for BETC annlicants. ' Statutes require counties to provide "coordinated" population forecasts to urban and rural areas, but for a variety of reasons, either have not or do not provide timely updates. Statutes provide cities certain alternatives, but cities in particular situations have experienced untimely and inadequate remedy. Currently there are no statutory remedies, enforcement actions, or conflict resolution procedures for counties that do not comply with the requirements. Both a county and a ciry must adopt amendments to their comprehensive plans when a city adopts or amends an urban growth boundary or an urban reserve area. There is no statutory conflict resolution process when a county and a city can't agree on urban growth management decisions- which can become contentious and may not be sufficiently guided by urban growth management agreements. Interpretations of the Transportation Planning Rule (TPR) has led to direct conflicts with the implementation other statewide planning goals, including Goal to (Housing) and Goal 9 (Economic Development). Declining financial resources has made the situation worse; as cities look at efficiency measures for how to grow more densely within urban growth boundaries, many areas are eliminated from consideration because ofTPR requirements. .( The Business Energy Tax Credit provides a powerful incentive for Oregon communities and businesses to become more energy efficient, develop renewable energy, and foster a clean energy economy. In recent years, dozens of Oregon cities have leveraged funds using the BETC "pass-through" to invest in projects such as high-efficiency lighting, HV AC system upgrades, transit systems, photovoltaic energy production, and efficiency upgrades at wastewater treatment plants. The BETC has also been instrumental for local efforts to attract new businesses, foster job creation, and make local economies more efficient. The BETC is currently scbeduled to sunset as early as 2012, however, and recently bas been hampered by a lack of certainty for BETC applicants. Page 2 of 7 LOC Policy Committees' Legislative Recommendations Fin!li!t~i&)1.jll'iation F. Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably, brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. G. Maintain and strengthen the state's historic commibnent to the State Shared Revenue funding formula. Any additional taxes or surcharges on these items must be incorpomted into the current formula so cities may continue to provide services related to these revenues. H. Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. ~nerl!!lQ~!JliPi!lf:. I. 9-1- t tax for pre-paid cell phones. J. Restore the Department of Public Safety Standards and Training (DPSSn Regional Tmining program and protect DPSST from further cuts. K. Attach municipal court fmes to tax returns. l!IumanlResOl!M~~8i"f . L. "Manager" designation for local overnments. M. Lengthen time for last best offer submission from 14 days to 28 days. Severe limitations imposed on local governments by Measure 5 and 50 to mise revenue have seriously jeopardized the ability of cities to provide essential services and foster economic growth. A comprehensive property tax fix is necessary which, along with equity, stability, and a stronger correlation between assessed value and real market value, should include an allowance for local control in setting appropriate long term local tax mtes and grant consideration of the impact of the state's school funding methods on the property tax system. To this end, in a multi-year effort, the League of Oregon Cities will take a lead and active role in forming a coalition to facilitate conversations across the state and develop an education program to inform legislators and the public of the current crisis and the options available. State Shared Revenue stand as a historical commitment by the state to local governments; cities accepted preemptions on certain taxes and fees in exchange for a state promise to share in theirrevenues ofliquor, cigarettes, 9-1-1, and gasoline taxes. These distributions are a critical facet of each cities' ability meet increased demands on local services from alcohol related incidences, traffic impacts, and public safety issues. Any further cuts to State Shared Revenue will jeopardize the ability of cities to provide essential services. The state should respect local government's reliance on State Shared Revenue and honor its historic commibnent. Current preemption restricts cities to control of just 30 percent of their own local transient lodging revenue. Tourism activities can place increased demands on city infmstructure and services, but this preemption necessitates these added costs be borne by local residents rather than tourists and may jeopardize the ability of cities to provide other essential services. Increasing city flexibility in the use of local transient lodging revenue lessens the burden on local residents. Support legislation to require pre-paid cell phones to contribute to pay 9-1-1 tax as all other tel hones ca able of dial in 9-1- t do. Work to restore regional tmining services and other critical services provided by DPSST. ';y";<,.:,;,,,,,~'gI'~~iilJ.~' . J_._,'._'-f.:~~~",~~~~~". ._ Allow cities to designate an employee as a "managerial employee" under the PECBA for oses of collective bar ainin currentl limited to onl the State. Currently when a strike-prohibited union advances their collective bargaining to Interest Arbitmtion, the parties' Last Best Offers (LBOs) are not due until 14 days prior to the actual hearing. ORS 243.746(3). This leads to a number of problems/issues: o If the parties' submit their LBO just 2 weeks prior to the actual hearing, only to discover that they are "very close" to a possible settlement, they can be discouraged from settling since the 14-day time frame is beyond most arbitrators cancellation policy. In other words, the parties still have to pay the full cost of the arbitrator fees for each day of the scheduled hearing and any non-refundable travel costs. o The 14-day period does not encourage either party to get to their "bottom-line" until just before a hearing. o Most hearing exhibits are developed in conjunction with a parties LBO, including costing of the LBOs. Therefore, many of the exhibits are unnecessarily delayed in develo ment until ou see the other 's LBO. This would also a I to the decision Page 3 of 7 LOC Policy Committees' Legislative Recommendations as to who your needed witnesses are. o The expanded time frame would provide for a more meaningful time frame within which to consider the other parties position and/or to seek mediation assistance. N, Allow employers to require Develop legislation that will allow employers to require employees to accept electronic or paperless pay. payroll card payment and eliminate the requirement that a paper check be a payment ootion. O. Work to achieve healthcare cost Oregon cities, as responsible employers and leaders for healthy communities, have a containment and protect local vested interest in ensuring that Oregonians have access to atTordable medical and , decision making authority in preventative care. Oregon cities have proven to be innovators in providing wellness and benefit design. healthcare benefits in challenging economics times to employees and have invested substantially in the health of employees. The League of Oregon Cities will support healthcare reform that: o Respects the right of Oregon's city leaders to determine the manner of providing health insurance benefits in consultation with their employees; o Reduces unrecoverable medicat care costs for providers by expanding coverage to uninsured Oregonians; 0 Ensures that capitalization in the healthcare market place is based on community need; 0 Incentivizes the use of evidence/value based medicine; 0 Fosters innovation and rewards creativity in reducing costs and promoting wellness; and o Promotes transparency in costs and Quality. P. Allow employees to choose Support changes to the PERS system that allows employees to opt for alternative alternative retirements option and retirement plans. Additionally, the League should ensure that any PERS legislation protect the integrity and stability passed by the Legislature: of Public Employee Retirement 0 Does not shift additional costs to employers; System (PERS). 0 Respects the needs for predictabte rates while not destabilizing the system; and 0 Allows PERS to provide an attractive retirement benefit for employees while being fiscallv sustainable. Q. Eliminate the requirement for Eliminate the requirement for pub tic employers to provide the same health benefit plans employers to provide identical for retirees as for active employees and at the same premium rates as paid by active health benefits for retirees as they employees. do for active emolovees. 'T.e,l~iDiiJ(~~i~8tions . ..'. R. Address tax equity issues in the Technology has rapidly advanced in the last decade and will continue to evolve in ways context of state that cities cannot predict. This has led to significant implications for city rights-of-way telecommunications laws authority and telecommunications revenues atTecting the provision of local services. including removing existing Cities have experienced an onslaught of challenges to franchising, rights-of-way preemptions that have led to management and taxing authority through local referrals, state and federal legislation and declining revenues. Work toward litigation, Meanwhile, the predominate system of franchising telecommunications an alternative revenue system for providers has not kept pace with technology. In particular, the shift from landline telecommunications providers. telephones to wireless technologies has resulted in an erosion of telecommunications Oppose preemption of city revenues. To protect city rights-of-way authority and preserve critical telecommunications franchising, rights-of-way and revenues, cities need to consider moving to an alternative revenue system. The alternative taxing authority. revenue system proposal developed by a task force of city officials is a gross revenues tax specific to telecommunications providers. The League began discussions during the 2009 legislative session, but recognized that the issue would be a multi-session etTort. While this move to ,an alternate system remains the ultimate goal, there are several incremental steps that can be taken to both address local revenue issues as well as set the stage for future discussion of an alternate telecommunications revenue svstem, Page 4 of 7 LOC Policy Committees' Legislative Recommendations Transportation S. Continue efforts to resolve the disconnect between the Transportation Planning Rule (TPR) and other statewide land use planning goals. The TPR should: o Be used as a growth management tool that avoids burdening cities with unintended tmnsportation consequences which unduly add to the cost of city infrastructure; o Be consistent with land use decisions; o Not be used to effect a momtorium on growth; o Encourage partnerships to avoid , disproportional funding contributions from local jurisdictions. (Note: this priority is duplicative of priority "D" forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) T. Ensure that existing and new tmnsportationlland use planning requirements, especially those established to address greenhouse gas emissions and other air quality issues, are developed with the following caveats: o Cities are stakeholders in the policy-making process and are to be included in all discussions. o A sense of proportionality should bc maintained, taking into account the transportation sector's contribution to the problem. o There must be a commitment to identifYing and collecting new revenue to assist cities with compliance. o There is clarity with regard to governance authority aDd accountabilitv. " Oregon has a strong commitment to planning, and the Dexus between land use and transportatioD planning has become very evident. While this has properly contributed to good coordinatioD between land use and transportation development, it also creates adverse impacts due to the mismatch between planning requirements, developmeDt timelines and the availability of fiDancial and other resources. This caD sometimes impede development and create cODflicts with other statewide land use goals. The sheer complexity of issues atteDdant to land use and transportation planning can result in confusion or even conflict betweeD competing goals and priorities. Objectives such as reduction of vehicle miles tmveled, transit-based land use, increased populatioD deDsity iD some urban areas (UGBs), reduction iD greenhouse gas emissions, compliance with other clean air standards, and iDterchange and access managemeDt are but a few of the interests, sometimes competiDg, that factor into transportation I land use policy discussions. Page 5 of 7 LOC Policy Committees' Legislative Recommendations o Recognition that "one size does not fit all", meaning that rules must be flexible enough to allow cities the right to detennine and respond to local and regional needs. o Requirements are based on outcomes rather than fonnulas and honors regional transportation planning efforts. o Rules factor the effect of market forces (cost of fuel, availability of alternative technology, etc.) in achieving goals. o Attempt to reduce greenhouse gas emissions and improve air quality while still supporting economic develonment. U. Advocate for sustainable alternatives to fuel taxes to address decreasing State Highway Fund revenues as a result of an increase in automobile efficiency and the develonment of new lechnolo~ies. V. Seek funding distribution mechanisms and fonnulas that reflect need as detennined by system demand, function and condition. W. Seek additional funding, efficiencies and program support for multi-modal transit and rail projects that result in: o Creation and funding of a State Rail Authority to clarify goals and objectives and to undertake planning for passenger and freight rail service. o Coordination between transit providers resulting in more efficient operations. o Augmentation of elderly/disabled transit funding in order to maximize fixed route service. X. Increase the funding allocation to Oregon's small cities (population 5,000 or less) for road and street development and maintenance from $1 million to $5 million without unfairly impacting larger cities' share of the State Highway Fund. In 2009 the Legislature approved HB 200 I, a major transportation policy and funding measure containing a 50 percent increase in road and street funding for cities. In 2011 transportation policy measures, especially related to planning, are more likely than transportation funding and program legislation. Notwithstanding the new funding that HB 200 I is providing, city transportation budgets remain disproportionately underfunded. This has been exacerbated by the temporary preemption of a local funding mechanism. Long tenn, there remains the challenge of identifYing and establishing more sustainable and equitHble systems of raising and distributing funding in support of the expansion, preservation and maintenance of the state's transportation system. Page 6 of 7 / LOC Policy Committees' Legislative Recommendations Y. Enact legislation establishing a "shared road" designation allowing cities, within established criteria, to set speed limits below the state-mandated minimum of 25 mph on roads that have limited capacity but are nevertheless utilized by motor vehicles, bicyclists and pedestrians. Wil~~"~~'~ie,,,ater . Z. Support establishing statewide Product stewardship programs improve water quality and reduce the environmental and product stewardship programs to health impacts of products that contain toxins through product-supported recycling and ensure recycling or proper disposal programs. These programs reduce the burden on municipalities and others to disposal oftoxic products at the implement water treatment teclmologies and other costly programs. The Oregon end of their lifecycle. , Legislature created an "E-Waste" product stewardship program for recycling computers and electronic,waste in 2007 and a pitot product stewardship program for architectural paint in 2009. Additional stewardship programs could include products such as ohannaceuticals, batteries, and lighting that contains mercurv. AA.Recapitalize state municipal The state's Special Public Work Fund and the WaterlWastewater Fund are used to finance infrastmcture funds to fully meet water and sewer systems, public buildings, road construction, downtown revitalization, local demand on as sustained energy and communications facilities, land acquisition, environmental clean-up, and port basis and fully leverage federal facilities. The state also must provide a 20 percent match to leverage federal funds matching funds for water and available through the Safe Drinking Water State Revolving Fund and Clean Water State wastewater infrastructure. . Revolving Fund. State revolving funds have failed to keep pace with growing local infrastructure demand that totals billions of dollars statewide. BB.Protect existing and future water Due to the unique nature of municipal water suppliers' need to plan for growth and rights from conditions that would infrastructure investmen~ cities often "grow" into water rights over timc before those prevent municipalities from rights become certificated water rights. Cities currently must develop a Water meeting current or future Management and Conservation Plan (WMCP) for approval by the state to maintain these demands. water rights. Special interests, however, have called for new municipal water use o Limit new ecological flow standards and limits that would affect existing waler rights. conditions to projects funded through HB 3369 (2009); and o Oppose water use limits that interfere with approved water ri!!hls. Page 7 of 7 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Adoption of City Council Values and Vision June 29, 2010 Primary Staff Contact: Martha Bennett Administration E-Mail: bennettm@ashland.or.us None Secondary Contact: None Martha Benn Estimated Time: 10 minutes Question: Will the City Council adopt the City Council Values and Vision Statements? Staff Recommendation: Staff recommends deliberate on the proposed the Values and Vision statements that have been revised after extensive public comment in summer 2009 and after a Council Committee discussed the key issues in the public comment during the winter and fall. Council should make any desired revisions and staff recommends Council then adopt these documents. Background: On April 11, 2009, the City Council held a goal setting retreat. On May 18, 2009, the City Council reviewed a draft of the products of the retreat which included a draft Values statement, a draft Vision statement and a draft of the City Council goals. The original drafts submitted for the May 18,2009 Study Session can be found at on-line packet at http://www.ashland.or.us/Page.asp?NavID=11884. The documents were then sent out for public comment. Mayor Stromberg and several councilors requested feedback from City boards and commissions and gave presentations to community groups. The City hosted an on-line questionnaire. The City received about 100 responses to the questionnaire (both in paper and on line), and dozens of other people returned comments. The public feedback documents were discussed at your October 5, 2009 Study Session, and the materials are at the on-line packet at http://www.ashland.or.us/Agendas.asp? AMID=3901 &Displav=Agenda. On October 5, 2009, Councilor Lemhouse and Councilor Voisin agreed to serve on a Council subcommittee to consider the public feedback and revise the values and vision statements based on relevant comments and concerns. They met several times, and requested in March that staff take their work and complete the reworking of these documents. Because the budget process was underway, it has taken some time to complete the attached drafts, but they are now ready for Council action. These documents are important: . The values are a key element in the staffs work to develop outcome-driving budgeting. . The values will be reflected in staff evaluations of alternatives in critical Council decisions. . The values will be implemented by staff in a variety of internal projects and decisions. For example, they will become part of the perfonnance evaluation system for department directors. . The vision will be the.starting point for specific projects. As Councilor Chapman pointed out at a recent Council meeting, projects like the economic development strategy should key off the City Council vision. Page I of2 r.t. , CITY OF ASHLAND Values The values document received a great deal of direct feedback from the community. In most cases, the responses to the questionnaire overwhelmingly supported the proposed value, even ifthere were comments or proposed edits. Staff has produced a complete draft and has also attached a table that outlines the notes from the Council flipchart transcript used to develop the values statements, the original statement that went out to the public, a summary of some of the written comments made by the public, and the proposed redrafting. I have made one change since your study session to correct a grammatical error. Vision The vision statement has been revised to reflect public comment and the specific suggestions by Councilor Voisin and Lemhouse. As I noted at your study session, the only caveat is that the draft casts things in a positive way rather than as a response to a negative event. Attachments: Adoption Draft Values Adoption Draft Vision Page 2 of2 ~.t. 1 Draft City of Ashland Values Statement Proposed for Adoption - June 20 I 0 Introduction III April 2009, the Ashlalld City COl/llcil begall work all goals to guide the City's work for the lIext 18 to 24 mOllths, To guide their goal settillg. the City COl/llcil first defilled their vall/es. They described, ill positive terms, the thillgs they l/se to make decisiolls abol/t what is goodfor the comml/llity alld goodfor the City of Ash/alld as all orgallizatioll. As members of the Ash/alld City COl/llcil, we vallie: Participatory government. We value government that is open, accessible, honest and democratic. We value responsive and visionary leadership by elected officials. We have professional, high quality staff. We seek to be efficient and effective with public funds. Our citizens are engaged with their local government as volunteers and in critical community decisions. Natural Environment. Our town is part of nature's community. We seek to enhance the quality of water, land, air, and wildlife. We actively support energy conservation and aliernative energy generation. Our parks and open spaces provide habitat for plants and animals and access to nature for our residents. Responsible Land Use. We value sustainable use ofland, water, energy, and public services; our architectural heritage; and buildings with quality design and construction. We value a vibrant downtown, ,Lithia Park and strong neighborhoods. We support transit, bicycling, and walking throughout our land use plans. Free Expression. We invite the exchange of diverse ideas. We value the social, economic, and creative contributions of the arts, cultural activities, and community events. Diversity. We are a welcoming community that invites and respects the individuality and contributions of all people. Economy. We value an economy that creates wealth for all. We strive to nurture homegrown business and to connect local consumers to local products. Our economy supports arts and culture, connects to Southern Oregon University, and supports high quality public services. We value a business community in tune with the environment and that provides good wages and economic choices for individuals and families. Distinctiveness. Ashland is a unique part of the Rogue Valley. We depend on partnerships in our community and region to meet many of the needs of our residents. At the same time, we value our ability to develop innovative approaches and to chart our own course. Education. We value lifelong education. We value the social, economic, cultural, and civic contributions of strong, integrated educational institutions. Basic Needs. We believe each person needs public safety, water, sanitation, adequate food, clothing, housing, transportation, and health care. Community. We believe Ashland is a unique and special place. Residents participate in community life and feel a sense of belonging. Community gardens, neighborhoods, schools, volunteerism, and events br~td:~stob~si~t~:t:er~n~~~~l~'~\U( 6f Draft City of Ashland Valnes Statement Proposed for Adoption -June 2010 Introduction In April 2009, the Ashland City Council began work on goals to guide the City's work for the next 18 to 24 months. To guide their goal setting, the City Council first defined their values. They described, in positive terms, the things they use to make decisions about what is good for the community and good for the City of Ashland as an organization. be f h hi de c 'I Asmem rso t cAs an Itv DunCI , we va ue: Orie:inal Draft Ori2inal Flip Chart Notes Public Comment Pronosed Adontion lanlJuaoe Good Government: We value . Fiscal Responsibility . Strong ethical behavior Participatory government. We value transparent government that is honest . Citizen Responsiveness . thoughtful leadership government that is open, accessible, and responsive. We value strong, . Transparency . leadership rcceptive and adaptive to honest and dcmocratic. We value creative leadership by elected officials . Citizen Involvement public input responsive and visionary leadership by and public service by professional . Excellence . Fiscal disciplinc/frugality clcctcd officials. Wc have staff. We value excellent public . Dependability . Follow through professional, high quality staff. We service and view ourselves as stewards . Effectiveness . Leadership who is decisive seck to be efficient and effective with of public resources. We value active, . Participatory D.emocracy . Compassion and understanding public funds. Our citizens are engaged intelligcnt, respcctful citizen . Honesty / Truthfulness . Leadership who is civil and with their local government as involvement, and we treasure . Civic Pride respectful of diverse opinions volunteers and in critical community voluntcerism in government and decisions. community . Decisions based on fact not surfacc feelings . collaboration . community involvement . I see our city and citizens as creative but I don't really value that in my council. The council should listen and lead, the people should ofTer creative solutions . Define vague terms such as stewards, enhance and treasure Orillinal Draft Orillinal FUn Chart Notes Public Comment. Prooosed Adootion lammalle Natural Environment. We value the . Environmental Stewardship . Farmland Natural Environment. Our town is beauty and quality of our natural . Resource Conservation . Public gardens part of nature's community. We seek environment. We are committed to . . Aesthetic Beauty . Good public transit to enhance the quality of water, land, enhancing the quality of our air, water, . Active citizenry air, and wildlife. We actively support land, open space, and wildlife habitat. , . Green space and community gardens energy conservation and alternative We treasure our parks, natural areas . Basic infrastructure energy generation. Our parks and and recreational opportunities. . Enhancing outdoor areas such as open spaces provide habitat for plants Calle Guanajuato and animals and access to nature for our residents. . Recreational opportunities for all . Sustaining the natural resources of the city Martha's Notes: J picked up some of . Water conservation the comments about local gardening in . Soil protection and enhancement the "community" value down below. . Native ecologies . Preserving flyaways for migratory birds . Herbicide and pesticide free parks . Community gardens . Parks that allow dogs on leashes . Clutter free Plaza . Thinning the forestland/watershed . Including the permanence of Lit hi a parkland other core natural resources as part of the city charter . One comment about ensuring balance between environmental issues and rights of private property owners Ori2inal Draft Ori2inal FliD Chart Notes Public Comment Prooosed AdootioD lam!Ua2e Responsible Land Use. We value . Strong Infrastructure . More bus routes/good public transit Responsible Land Use. We value development that makes efficient use . Resource Conservation . Sustainable development sustainable use of land, water, energy, of land, water and energy, maintains . Demographic Sustainability . Public gardens and public services; our architectural our architectural heritage, protects our . Aesthetic Beauty . Active citizenry heritage; and buildings with quality strong relationship to nature, and . Strong sense of Place / . Green space/community gardens design and construction. We value a emphasizes high quality design. We IdentifY . Basic infrastructure vibrant downtown. Lithia Park, and value a healthy, active downtown and . Efficient process for strong neighborhoods. We support central park. We value strong development/usable and transit, bicycling, and walking neighborhoods and efficient public comprehensible building code throughout our land use plans. infrastructure and public services. We . Sales tax value development that prioritizes . Edible landscape transit, bicycling, and walking. . Affordable housing in town . Alternative energy beyond solar . Requiring homeowners to have defensible space [fire safety for homes in watershed?) . 25 mph in residential zones . flexibility for property improvements . Switch "efficient use of land" with "sustainable use of land" . Use "effective" rather than "efficient" . What does. "strong neighborhoods" mean? . Green is a fad word . Don't let architectural heritage stop us from having a vibrant downtown Orieinal Draft Orieinal Flip Chart Notes Public Comment Proposed Adoption laneuaee Free Expression. We value a creative . Civil Liberties I Free Speech . Small Business & Public Art Free Expression. We invite the climate that invites an open exchange . Golden Rule . Safety; civil ity exchange of diverse ideas. We value of diverse ideas. We value the social, . Cultural Robustness . Meaningful conversation around the social, economic, and creative economic, and creative contri~utions . Mutual Respect shared values contributions of the arts, cultural of the arts, cultural activities, and . No nudity in town activities, and community events. community events. . I don't understand why free expression is included. When did Martha's notes: I toyed with writing we not have free expression? . free expression should value the the first sentence this wa)', "We invite opinions of many but only in a the respectful exchange of diverse mutually respectful way. ideas" because I thollght it addressed . We don't need government to form some of the comments. Hilt, on the "A creative climate that invites an other hand, it may be too limiting. open exchange of diverse COllncil can decide. ideas"...nor do we need elected officials spending tax money to promote "social economic and creative contributions of the arts cultural activities and community , events." Ifleft alone to do just that we the people can do that far better -without- governmental intervention. . What specifically is meant by this? Although I value the open exchange of diverse ideas I said "No" because those that say they value these things often only give lip service. . Cultural activities and community events should not be tied to more government grant and subsidy . How does this translate into "- action/regulation? Oril!inaI Draft Oril!.inaI Flip Chart Notes Public Comment Proposed Adoption language Dh'ersily. We are a welcoming . Social Equity . Community first individualism second Diversity. We are a welcoming community that invites and respects . Demographic Sustainability . Could add statement "...encourages community that invites and respects the individuality and contributions of . Cultural Robustness diversity and contributions of all the individuality and contributions of all people. . Mutual Respect people [especially in government! all people decision making]" or the like? . In truth I do not believe that ,":e invite the contributions of people who have values that encourage hate oppression and discrimination such as the Nazi , Party or certain white supremacist groups. . We don't believe that this holds true for those individuals who don't want to work to contribute. Life is hard work. . I value the individuality and contributions of people that Jive in homes. I don't value the point of view of people that I ive in tents and campgrounds in surrounding hills that lead to dangerous fires--i.e. the fire that just occurred in the hills above Jackson Wellsprings. . Again this needs to be balanced considering not only individual interests but also community interests. . I value diversity. I don't value beggars downtown who to all appearances could be working (they seem to be young & able). . Participate in democracy in constructive ways! Just because it's legal doesn't make it right. . How does this translate into action/regulation? Oril!'inaI Draft Oril!'inal Flio Chart Notes Public Comment ProDosed AdoDtion lamluaee Etonomy. We value a business . Strong Infrastructure . Consumption of local product over Economy. We value an economy that community that is attuned with our . Demographic Sustainability nontocal products creates community wealth for all. We environmental and social aspirations. . Healthy Economy . Support of local businesses strive to nurture homegrown business We value an economy that capitalizes . Self Reliance . For-profit businesses and to connect local consumers to on community assets and allows our . Innovation Leading edge . Diversity of economic entities- local products. Our economy supports homegrown entrepreneurs to succeed. . Self Confidence commercial and industrial arts and culture, connects to Southern We value an economy that creates . Strong sense of Place I Identify . Light industrial Oregon University, and supports high community wealth, supports arts and . Home grown business . Homegrown entrepreneurs quality public services. We value a culture, connects to Southern Oregon . Tourism industry business community in tune with the University, and supports high quality . Existing and new businesses environment and that provides good public services. We value a diverse wages and economic choices for economy that provides employment . You did not mention the flip side of individuals and families. and economic choices for individuals these questions. The community and families. also needs to support our economic base. Ashland is dependent on tourism. That mean we as a community need to make sure we have an environment where tourism related business can succeed. We also need to build other economic opportunities so we are not entirely dependent on primarily one industry. . In "c." - too many options lumped together. . on c and d could we add something about "in the context of protecting our natural resources" . I find these values too undefined and of course it is easy to say I vatu'e all of them until I see all the consequences of implementing them Orie.inal Draft Orie.inal Flip Chart Notes Public Comment Pronosed Adontion lanlJualJe Independence. We value our ability to . S,elf Reliance . Smaller Government Distinctiveness. Ashland is a unique be innovative, to set our own course, to . Innovation/ Leading edge . Interdependence part of the Rogue Valley. We depend provide public services, and to meet . Sel f Confidence . Connecting to Medford water on partnerships in our community and residents' basic needs. . Civic Pride . Citizens have a responsibility to region to meet many of the needs of our community residents. At the same time, we value . Better title might better be our ability to develop innovative Interdependence approaches and to chart our own . The basic needs clause should be course. stricken. . What about: a. Our ability as a community acting together to be Martha.s Notes: This was the hardest innovative value to redraft. 77le original flip chart . We ought to develop some notes clearly are about "independence . partnerships. - ollr ability to chart ollr own cOllrse" . Too many options lumped and the public comments are more aboUl partnerships. If )'011 don't like together. the proposed draft, I will need some direction abollt Oril!inal Draft Oril!inal Flip Chart Notes Public Comment Proposed Adontion lanouaoe Education. We value lifelong . Education Education. We value lifelong education. We value the social, . Cultural Robustness education. We value the social, economic, cultural, and civic . Innovation /Leading edge economic, cultural, and civic contributions of strong, integrated . Healthy Economy contributions of strong, integrated educational institutions. educational institutions. Martha's Notes: We did not gather Pllblic comment on this vallie. Since it was on the original flip chart, I hm'e lefi it as was orirdnal/\' drafied. Original Draft Original Flip Chart Notes Public Comment Proposed Adoption laneuaee Personal Well Being. We believe all . Safety I Security I Peace of . Neighbors that care about one Basic Needs. We believe each person people seek physical, mental, and Mind another needs public safety, water, sanitation, emotional well.being. We believe each . Strong Infrastructure . financial security adequate food, clothing, housing, person needs adequate food, clothing, . Social Equity . None ofthis Personal Well Being transportation, and health care. housing, transportation, health care and is any of the Ashland City personal safety. Council's business: it's personal. Martha's Notes; While we got some . Adequate transportation is now a negative feedback, this value is the function of government? . basis for much of what the City does, acceptable minimaJ for food e.g., safe drinking water, sanitary clothing, housing, health care, sewers, or police and fire protection. and safety. etc. I have tried to fOCIlS it more . I don't believe that government narrowly on those things. should take on responsibility for these Personal Well-Being values. . Food, clothing, healthcare are needs. To say they are rights gives a sense of entitlement. . This feels like a slippery slope and could mean subsidizing expenses for the homeless thereby increasing our homeless population. . I am the best judge of what is adequate for my well being. Government should keep me safe and otherwise stay out of my life. . Should not be a goal of government. . I think we tend to get too carried away with a need to provide affordable housing at the expense of other community values . Personal choice issues. . This strange statement carefully stands clear of acknowledging any responsibility for same. Orieinal Draft Orieinal Flip Chart Notes Public Comment Pronosed Adontion lamm&P'e Sense of Community. We believe . Citizen Involvement . Neighborhood stores and cafes and Communit)'. We believe Ashland is Ashland is a unique and special place. . Citizen Responsiveness parks a unique and special place. Residents We value strong neighborhoods, . Self Reliance . Very subjective participate in community life and feel famil ies, and communities of interest . Strong sense of Place I . How do you define "strong a sense of belonging. Community where residents participatc in Idcntify ncighborhoods"? gardens, neighborhoods, schools, community life and feel a strong sense . Civic Pride . No opinion because "Strong voluntecrism, and events bring our of belonging. . neighborhood" is ambiguous to residents together. Residents look out mc? for each other and support those in . No opinion because some people need. want to be left alone! too busy working to support family to participate. . I am not sure what "communities of interest" really means. . I don't feel that we are lacking because there aren't "strong" neighborhoods. I am ambivalent here because I don't know what we really mean by "strong." . What is a "community of interest?" . It is not government's role to instill a strong sense of community; in fact the government has usurped I is usurping citizen involvement. What the government needs to do is Stand Down by perhaps sharing examples of other private (non- government lead) efforts to take pride in a territorial region even if it's a small neighborhood on a square block or keeping a park clean in exchange for lower taxes. , June 2009 - RELEASED DRAFT Vision Statement Ashland is a strikingly beautiful town, nestled on the edge of the Siskiyou Mountains. Ashland is a small, safe, and welcoming place. Residents enjoy the urban amenities of a university town and a center for world-class outdoor recreation and performing and visual arts. Ashland has vibrant neighborhoods. Young singles, families, children, and seniors live in diverse housing types throughout the town. People know their neighbors, and they work together to care for each other. Children walk and bicycle to their neighborhood schools, and Ashland's school system is one of the best in the nation. Every resident can find shopping, recreation, and open space within an easy walk from their homes. Ashland's residents treasure the natural environment. Salmon spawn in Ashland's creeks. Solar panels gather energy on rooftops, community gardens dot the parks, drought tolerant plants grace yards, parks and open spaces. The community cleans and re-uses its storm water and effluent so no drop is wasted. It is as easy to walk and bike in Ashland as it is to drive. Ashland is connected to the Rogue Valley and the entire West coast through strong transit and rail systems. Population growth is managed, making efficient use of land and ensuring the community is vibrant. Residents and visitors share Ashland's lively downtown. Ashland is eclectic and funky, and peoples' differences are treasured, not just tolerated. Visitors return to Ashland year after year to refresh themselves, to hike, bike, and ski, to learn, and to experience the performing and visual arts. Community events and festivals allow locals, regional residents, and visitors to share music, food, and ideas. Ashland supports businesses that are committed to family-wage jobs and Ashland's environmental ethic. The business community has a strong working relationship with Southern Oregon University, and university graduates find ample, rewarding employment in Ashland and the region. Small businesses thrive, and entrepreneurs choose to start and grow their businesses here. A wilderness is a short hike away from the downtown plaza. Ashland's forests are healthy and managed to support the unique habitat of the Siskiyou Mountains, support recreation, provide clean drinking water, and ensure Ashland is safe from forest fire. The City of Ashland is respected in Oregon and the region as an innovative, effective, efficient, and well run municipal government. The City is well connected to its citizens, and is responsive to citizen and business needs. The City is an employer of choice to high quality professionals who have chosen public servIce as a career 2010 DRAFT PROPOSED FOR ADOPTION Vision Statement June 2010 Introduction In preparation for goal setting in 2009, the Ashland City Council developed a picture of what Ashland would look like in 20 years - the year 2030 - if the community makes decisions consistent with its values. This picture is positive and ambitious. It requires the City Council to tackle a variety of problems -from economic change to new energy markets to political polarization - in an optimistic and constructive way. While many of the statements in the vision are ambitious, the Council believes it can be reached if the . community shares hope for the future and a willingness to work to ensure the community stays vibrant and unique. Vision for 2030 In 2030, Ashland is a beautiful town on the edge of the Siskiyou Mountains. Ashland is a safe and welcoming place. Residents and visitors enjoy high quality outdoor recreation, and performing and visual arts. Ashland avoided sprawl, preserved historic buildings, and provided a variety of transportation and housing choices as it has developed. Ashland has vibrant neighborhoods with singles, families, children, and seniors living together. People know their neighbors, and they work together to care for each other. Residents can find jobs, shopping, recreation, and open space within an easy walk from their homes. As a community, Ashland is a leader in sustainable environmental practices. Ashland's creeks support fish, birds, and wildlife. The community meets its energy needs through conservation and alternative energy generation. Many parks include community gardens, and Ashland supports farming in the Rogue Valley through advocacy and economic development. Residents manage their water use through conservation, drought tolerant landscaping, and reuse of storm water and effluent. Ashland is connected to the Rogue Valley and west Coast through excellent telecommunications infrastructure and strong transit and rail systems. Residents and visitors share Ashland's downtown. Ashland is eclectic, and differences are treasured, not just tolerated. Visitors return to Ashland year after year. Community events and festivals allow locals, regional residents, and visitors to share music, food, and ideas. Ashland's economy is adaptive, resilient, and flexible, built on an entrepreneurial private sector, creative arts, and Southern Oregon University. The economic health of the community relies on homegrown businesses, community reinvestment, education, quality public services and sustainable business practices. Ashland's K-12 school system is one of the best in the nation. Southern Oregon University graduates students who succeed in life and their careers because they are well prepared for life and work in the 21 " century . Ashland's forests are healthy and managed to support the unique habitat of the Siskiyou Mountains, support recreation, provide clean drinking water, and ensure Ashland is safe from forest fire. The City of Ashland is respected in Oregon and the region as an innovative, effective, and efficient municipal government. The City is responsive to citizen and business needs. The City is an employer of choice to high quality professionals who have chosen public service as a career. CITY OF ASHLAND Council Communication. Meeting Date: Department: Secondary Dept.: Approval: Classification & Compensation Study Implementation Strategy for Non-Represented Job Classifications June 29, 2010 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Benne Estimated Time: Tina Gray grayt@ashland.or.us Martha Bennett 30 Minutes Question: Does the Council agree with the staff recommendation to administratively implement the classification system for non-bargaining employees but dyfer changes in compensation amounts to future fiscal years in response to the Classification and Compensation Study completed this spring? Staff Recommendation: Staff recommends administrative implementation of the CPS job classification recommendations for the non-represented Management and Confidential job classifications. Staff also recommends moving these employees (except the City Administrator, the City Attorney, and Department Directors) to the new compensation schedule but leaving employee salaries frozen. Employees who are eligible for a step increase on their current pay range would still receive an increase. Salaries for employees who are already at the top step would be frozen until the City's budget condition improves. Staff also recommends that all positions that become vacant should be moved to the new pay ranges, with the assumption that new employees start at bottom step. Staff will work with affected bargaining groups to implement the proposals that apply to union positions when contracts are open. Council will ratify agreements reached in bargaining. This recommendation is different than the original June 1,2010 recommendation. Staffrevised the recommendation because we do not believe that there are sufficient funds in the General Fund and Central Services Fund to implement the original recommendation. Background: After several years of turnover in key city staff positions, Council adopted a goal of recruiting, developing and retaining a highly skilled and diverse workforce. One of the components of achieving this goal is ensuring that the City's classification and compensation systems are comparable to the jurisdictions that the City competes with for qualified employees. There are also training, succession planning, and professional development aspects of this goal. City departments with high turnover rates are working on succession plans, and human resources works on skills training as resources allow. A concrete plan for development of existing staff for future management and executive team positions is on hold pending additional resources. In January 2009, the City contracted with CPS Human Resource Services (CPS) to conduct a comprehensive study of employee classification and compensation. The study scope included thorough analysis of employee job descriptions to ensure they reflect current job responsibilities and meet all legal requirements. Once the job analysis was complete, CPS made recommendations regarding a new Page 1 of 4 r.l' CITY Of ASHLAND position classification structure. The final piece of the study was to conduct a compensation study. CPS conducted a Labor Market study using 12 public agencies that compare to Ashland. Council had a chance to review and comment on these agencies prior t the market survey: City of Grants Pass, City of Klamath Falls, City of Medford, Jackson County, City of Corvallis, City of Springfield, City of Bend, City of Forest Grove, City of Redmond, City of Lake Oswego, City of McMinn vi lie and City of Arcata. The combination of agencies in our Labor market were selected based on similarities in services, community demographics, organizational structure, or their proximity within our labor market which results in competition for employees. The City and CPS identified a number of job classifications that would have the highest potential for matching in other agencies, and those positions became "Benchmark" classifications. Benchmark classifications were then used in salary comparisons and became anchor points for building a new compensation structure. In addition to looking at the Labor Market Median and how Ashland compares, CPS also considered internal equity and tried to alleviate some of the salary compression we have been experiencing between supervisory and non-supervisory employee classifications. Staff completed an internal review ofthe CPS recommendations and identified some areas where the study recommendations would not meet our needs for internal equity. Those adjustments were handled in a formal appeals process and have been incorporated into the implementation options. Staff analyzed several options, but after we have completed our analysis, we believe there are three major options for Council consideration. Option #1-Implementation with no modifications in pay for 2010-2011 This option adopts a modified classification system, but does not implement the salary recommendations during the current fiscal year. All employees are placed appropriately within the new classification structure. The City would not change compensation, however. Employees who are eligible for step increases would still receive them, but employees who are at the top step of their current range would be frozen. Employees who would be "redlined" will still be "redlined" under this option. Lastly, positions that become vacant throughout the year will be moved to the new pay range, presuming that new employees start at bottom step. This option will not have increased costs in year one, but there will be additional salary increases in future years. There are two critical advantages to this option. First, it moves the City towards adopting a more systematic approach to classification. Second, it makes the salary transition more gradual, and increases would not happen in this difficult financial time. Under this option, staff will review the benchmark cities and the City of Ashland's financial condition next year prior to recommending that salaries be "unfrozen." As staff has told Council and the Budget Committee, the City's financial condition may be even more difficult next year. Option #2 - 5% Tarl!eted Implementation This option also implements the modified classification system, but selectively advances only the 21 positions (15 job classifications) that are more than 5% out of market into the new salary range Page 2 of 4 r~' CITY OF ASHLAND structure at the next available step. This was the original option proposed on June I, 20 I 0, which, upon further review, staff believes to be financially difficult in the General Fund and in the Central Services Fund in the upcoming year. This approach focuses on the positions that are most out of market and gives the market time to adjust during the difficult economic environment. Positions would also be moved to the recommended salary range if they become vacant . Adjusting the 21 positions that are more than 5% below market median would result in an increase of$55,002 in FY 2011 which would be absorbed by department budgets. . The second year would see an increased cost of $75,059 to continue to adjust the 17 positions with steps remaining in the new salary range, assuming all other variables remain the same. . After the first two years, 9 positions in this group will still have with steps remaining continue to progress through their salary ranges. These are the positions that are the furthest out of market and are therefore the highest priority for adjustment. If Council selects this option, staff recommends the City take a look at market conditions and check back with our comparables on what cost-of-living adjustments they have provided prior to salary adjustments. Please note that the City Administrator, the City Attorney, and the Department Directors are not included in this option. There are additional variations on Option #2 that Staff could bring back to the Council such as partial step implementation, or delaying implementation until January 2011 to further reduce fiscal impact. Because staff does not currently recommend this option, we have not performed analysis on these variants. Option #3 - Full-Implementation Staff considered but does not recommend a full implementation of the new classifications and compensation plan. In addition to making changes to job classifications and titles, under this option, the City would adopt the corresponding salary recommendations. Positions that have been identified in the study as over-market would remain frozen until the market catches up to their current salary. All positions, including the 37 positions identified in the study as below market, would be placed into the new salary range structure at the next available step, with the goal of incrementally closing the gap between our current salary and the market median for that job class. . Staff estimates a total cost of $76,366 over current budget to implement the first step salary recommendations for 37 non-represented positions identified as below market. . Costs to implement the second year of salary recommendations to the balance of 21 positions with steps remaining would be approximately $94,931, assuming all other conditions and benefits remained the same. The outlying years would see a reduction in cost as fewer positions would have additional steps in their new salary range by year 3. As with Option #2, the City Administrator, the City Attorney, and the Department Directors are not included in this option. Page 3 of4 ~~, CITY OF ASHLAND Fiscal Impact: There is not an additional fiscal impact with the staff recommendation. Options #2 and #3 have impacts as described in the Council Communication. Other Council Policy: The Municipal Code vests the authority for classification decisions with the City Administrator, however because this is a major decision that is one part of a Council goal, staff is requesting Council approve the compensation recommendation. Council Options: . The Council can approve, with or without modification: . The staff recommendation of implementation of classification but no changes in pay for FY 2010- 2011 unless a position is vacant. . Partial implementation of the positions more than 5% out of market, with the assumption that Departments will absorb any step increases in their proposed budgets. . Full implementation for all non-bargaining employees except the Executive Team. . Direct staff to examine additional options Potential Motions: . The Council moves to approve the Staff Recommendation authorizing the City Administrator to make changes to employee job classifications consistent with the recommendations provided in the Classification Study conducted by CPS Human Resource Services and to leave employee compensation at current levels, with the exception of positions eligible for steps and vacant positions. . Council moves to approve implementation option #2, partial implementation for positions that are more than 5% out of market, with the understanding that the Executive Team is excluded. . The Council moves to approve implementation option #3 authorizing the City Administrator to make changes to employee job classifications and salaries consistent with the recommendations provided in the Classification and Compensation Study for all non-bargaining employees except for the Executive Team. . The Council moves to send the recommendation back to staff with consideration of the following additional elements: Attachments: Job classifications more than 5% behind labor market. Page 4 of 4 r~' Non-Represented Job Classifications Identified in the Classification & Compensation Study as more than 5% below market median: Job Classification Fire Division Chief Human Resource Manager Computer Services Manager Planning Manager Engineering Services Manager AFN Operations Manager Accounting Manager Senior Engineer GIS Manager Forest Resource Specialist Maintenance & Safety Supervisor Street Supervisor Executive Secretary Administrative Supervisor Administrative Assistant Number Emplovees affected 2 1 1 1 1 1 1 1 1 1 1 1 1 2 S CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution clarifying certain Conditions of Employment for the Management and Confidential Employees for Fiscal Year 2010-2011 June 29, 2010 Primary Staff Contact: Tina Gray Administration E-Mail: grayt@ashland.or.us None Secondary Contact: Martha Bennett Martha Bennet Estimated Time: 30 Minutes Question: Does the Council wish to approve a Resolution clarifying certain conditions of employment for Management and Confidential Employees, repealing Resolution 2008-26? Staff Recommendation: Staff is recommending that the City Council adopt a new Resolution replacing Resolution 2008-26, clarifying certain conditions of employment for Management and Confidential employees of the City. The amendments to the resolution are housekeeping in nature and bring the Resolution current with job classification changes recommended in the Classification & Compensation Study. Staff is not recommending any adjustments to salary for Fiscal Year 20 I 0-20 II. Changes made to the Resolution are as follows: Section 4.3.4 . Increased the response time for emergency response personnel from 30 minutes to 40 minutes to maintain consistency with City requirements for other emergency responders. (This change is necessary as employees live further outside of the City for affordability). . Job titles for Emergency response personnel were updated to match recommendations in the Classification and Compensation Study. . Provisions were added to address response requirements for City Department Heads. Section 6.6 / . Cleaned up payment on termination language for vacation accrued during first 6 months. Section 6.7 . City Administrator was added to this section to ensure that Department Heads are not able to authorize their own Administrative Leave. This is a clarification of current practice. . Provisions to pro-rate Administrative Leave upon termination were added. Section 9 . Brother-in-law and Sister-in-law were added to the list ofrelatives eligible. for paid funeral leave consistent with other employee groups. Page I of2 ~.l' CITY OF ASHLAND Background: The City has negotiated collective bargaining agreements with five bargaining groups. Management and Confidential employees of the City are not an organized group for the purpose of negotiating terms and conditions of their employment. Each year, City Administration reviews the terms for non- represented employees and as necessary makes a recommendation to the City Council for adjustments. This year the City is not recommending any Cola's for the non-represented employees due to budgetary constraints. It is worth noting that adjustments to wages for the Elected City Recorder and Municipal Judge are set forth in the City Charter based on increases for the non-represented employee group, therefore these two elected positions will also not receive a COLA this fiscal year. Fiscal Impact: There is not a fiscal impact associated with the staff recommendation. . Other Council Policy: None. Council Options: Option #1 - The City Council could approve changes to the Management Resolution as presented and direct staff to implement the changes regarding employment conditions for Management and Confidential employees. Option #2 - The City Council could direct staff to implement alternative changes to the Management Resolution regarding employment conditions for Management and Confidential employees. Potential Motions: Move to adopt Option #1 authorizing staff to make recommended changes to the Management Resolution clarifying certain employment conditions for Management and Confidential employees. Attachments: . Revised Resolution clarifying certain conditions of employment for Management and Confidential employees. . Resolution 2008-26. Page 2 of2 ~~, RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING. RESOLUTION 2008-26. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members oflabor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city. and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The Mayor and Council resolve as follows: 1. Scope of Resolution. This 2008 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated July 2008. Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 2.7. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential. " 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads." 2.3 Division Supervisor. A person directly responsible to a department head or the City Administrator for the operational functions of a city department or division. Page 1 of 17 Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors. " 2.4 Mid-Level Supervisor. A person reporting tO,a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties, Mid-level supervisory positions require autonomy, independent decision making, planning, and mav provide supervision to other personnel, 2,5 Emplovee, A person in any of the classifications listed in Appendix "A" who has completed the probationary period, 2,6 Management or Manager. Those classifications included in Appendix "A" under the title "Management" including Department Heads, Division Managers and Mid-Level Managers, 2,7 Probationary Employee, A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose, The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential, 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance, 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Manaeerial Performance, 4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and city council, Resources for achieving those goals are provided yia the annual budget. Operational goals and short- range objectives are set by the city administrator working with department heads, The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers, Page 2 of 17 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14.3. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacc,::ptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. Page 3 of 17 4.3.4. Residencv. Residency within the Urban Growth Boundary shall be ajob requirement of the city administrator and strongly encouraged for department heads. The following job classifications shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater & Reuse Supervisor Water Quality Supervisor (Distribution) Water Plant Supervisor Electric Operations Superintendent Fire Division Chief Deputy Police Chief Police Sergeant Telecommunications Engineer Network Administrator Database Administrator User Support Administrator Maintenance Safety Supervisor Telecommunications/Computer Technician Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department Heads may identify other positions which require emergency response within 30 minutes to meet operational requirements. 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows Page 4 of 17 employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision MakingfProblem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgtpent, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's ovyrall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field ofresponsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area ofresponsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and enforces the City's Harassment and Non-discrimination policy in their area ofresponsibility. 5. Holidays. Recognized holidays are set forth in AMC 93.08.080. For convenience they are listed here: New Years Day (January I) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day(lst Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) Page 5 of 17 5.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, they will receive pay only for the holidays which have elapsed that calendar year. Ifmore holidays have been taken as time off than have actually occurred at the time of termination, those hours overPaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four IO-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 6. Vacations' for Manae:ement and Confidential Emplovees. 6.1. Eligibilitv. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of servIce. 6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue 15.34 hours of vacation credit for each calendar month of service Page 6 of 17 6. I .6. Employees with more than 24 full years of continuous service shall accrue 17.34 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".) 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpo~e of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are required to take at least 75% of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from their Department Head. 6.5. Scheduling. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 6.7. Administrative Leave. Exempt management employees may be granted UP to one week of Administrative Leave each July at the discretion of their department head. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off during the year in which it is granted. Administrative Leave must be used by June 30th each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for Administrative Leave. Page 7 of 17 7. Hours of Work for Confidential Emplovees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Page 8 of 17 Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution may be granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medical Leave Act (OFMLA), . and/or the Federal Family & Medical Leave Act (FMLA), and/or anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pav. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination .of employment, except that upon retirement accumulated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pav for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, grandparent, grandparent-in-Iaw or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting Page 9 of 17 employment outside the service of the city. 10.2. JurvDutv. Employees shall be granted leave with pay for service upon ajury. Employees may keep any payment for mileage, but all other stipends for service must be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Familv Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's coritrol. 11. Discipline and Discharee. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension ( e) Discharge Page 10 of 17 Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC ~3.08.030.B or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the department-head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end ofthe probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. Page 11 of17 13.2. Other/Outside Emplovment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: 1. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; . 3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. In the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Worker's compensation. All employees will be insured under the pn;lVisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liabilitv Insurance. The city shall purchase liability insurance in the maximwn amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pav Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the' event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. 14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the City Council. When any position not listed on the pay schedule is established, the City Administrator shall designate. a job classification and pay rate for the position in accordance with sections 3.08:050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and division supervisors are not eligible for paid overtime but are allowed Page 12 of 17 compensatory time off at their own discretion depending on the operating requirements of the city. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration ofPav Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. 15. Health. Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions ofless than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01,2008. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of July, 2010. Barbara Christensen, City Recorder SIGNED and APPROVED this day ofJuly, 2010. John Stomberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 13 ofl7 APPENDIX "A" Classifications in the Management and Confidential Employee Groups MANAGEMENT ____E~EJ~JIJ.iIi~EiW~W~F:~F:lSif..._._ City Administrator Exempt City Attorney Exempt Police Chief Exempt Electric Utility Director Exempt Administrative ServicesIFinance Director Exempt Fire Chief Exempt Public Works Director/City Engineer Exempt Information Technology Director Exempt Community Development Director Exempt ~ !yJ1'liJiH ~ll1.:kfr ': _" ""~ *h ~-w' ~"~" Will st, , ~ -'1'_; lL -xlPm 41':;,,24 ~" "*ilih R ~ , ,. ( ",jfJ "j ,,,-~ ; "_-owr - }v0dmr?_~~ '-'<:"_ ~ Electric Operations Superintendent Exempt Deputy Police Chief Exempt Fire Division Chief Exempt Human Resource Director Exempt Public Works Superintendent Exempt Telecommunications Engineer Exempt Planning Manager Exempt Engineering Services Manager Exempt Water Plant Supervisor Exempt AFN Operations Manager Exempt ~ Network Administrator Exempt Database Administrator Exempt Management Analyst Exempt Senior Planner Exempt Building Official Exempt Finance Division Manager Exempt Page 14 of 17 User Support Administrator Assistant City Attorney Exempt Exempt Permit Center Manager Fire Inspector Exempt Exempt ~ ~~rl "'f- ,~ ''',0D~8i'''' 'ip ",~,,~f1'~' " ,~)\f" ':"'r~~':'fr'I' ,?',' " i w,"' - , ,1M; ~ , ' " ~, ' '. ~ t,~ . '" ' r , Police Sergeant Non-Exempt Water Plant Supervisor Non-Exempt Water Quality Supervisor (Distribution) Wastewater & Water Reuse Supervisor (Collection Plant) Associate Engineer GIS Analyst Forest Resource Specialist Maintenance Safety Supervisor Street Supervisor Police Records Supervisor / Police Accreditation & Training Manager Telecommunications/Computer Technician Paralegal Claims Manager C.E.R.T. Coordinator Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt CONFIDENTIAL Executive Secretary Public Works Management Assistant Human Resource Assistant Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Legal Secretary Administrative Assistant/Secretary Administrative Secretary Page 15 of 17 APPENDIX "B" Health, Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. L Health Insurance. A. Effective August 1, 2008, the City will implement the Preferred Provider option of the existing health plan, Blue Cross/Blue Shield medical Plan V-A. Effective January 1, 2009, the City will implement a change to Blue Cross/Blue Shield medical Plan V -B Preferred Provider Option with a $200 Deductible. The City will establish an HRA VEBA for each employee covered by this resolution and will begin contributing 1 % of salary for the employee to coincide with the January I, 2009 medical plan change. The City will provide VSP Vision coverage and employees will be able to choose either ODS Dental Plan III, or Willamette Dental Plan, The City will provide medical, dental and vision coverage for employees and their eligible dependents, New employees will begin coverage on the first day of the month after they are hired, The City will pay 95% of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 5% on a pre-tax basis. 8. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program. 2, Life Insurance, Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee, 4, Salarv Continuation Plan. Premiums for the League of Oregon Cities Long Term Disability Insurance, 5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee, Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. Page 16 of 17 APPENDIX "B" Health, Welfare & Retirement Benefits Pal!e: Two 6. Social Security. Contributions to Social Security as required by law. 7. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the city on or before the 15th of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s) become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution who has 15 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time ofretirement to be eligible for this benefit. Early retirees who retire in a position covered by this resolution, and have 15 or more 'years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C, or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf. Any employee hired on or after July 1, 2008, or hired into managemeni on or after July 1, 2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met. 8. Deferred Compensation. Deferred compensation in the amount of$40.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. Page 17 of 17 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Relating to Storage of Vehicles June 29, 2010 Primary Staff Contact: Richard Appicello City Attorney's Office E-Mail: appicelr@ashland.oLus Police Departme Secondary Contact: Terry Holderness Martha Bennet Estimated Time: 10 minutes Question: Does the Council have any direction for staff regarding the draft ordinance titled, "An Ordinance Creating Chapter 11.34 Relating'to Storage of Personal and Recreational Vehicles and Amending AMC 11.24.020"? Staff Recommendation: Staff recommends Council proceed with first reading on July 20,2010. Background: Existing Ashland Municipal Code Section I 1.24.020(c)(4) clearly prohibits the storage ofa vehicle on the street for more than 72 hours. The definition of vehicle currently includes trailer and camper. Use of the City right-of-way for storage of trailers, campers or recreational vehicles also violates Chapter 13 of the Code - unauthorized / unpermitted use ofthe right-of-way. The 2009 modifications to the Abandoned Vehicle chapter were to ensure that the chapter complied with Law Enforcement Data System requirements. Those modifications created some ambiguities in the code that refer to storage of a vehicle in the right of way. This ordinance better defines "storage" and "vehicle." The ordinance clarifies that personal vehicles are considered stored if they are parked for more than 72 hours and the vehicle accumulates debris. A recreational vehicle or trailer is stored if it is parked on the public right-of-way for more than seventy- two hours. The seventy-two hour prohibition maintains the time limit from AMC Il.24.020( c)( 4). This ordinance would allow a person to park their car and walk to work during the week without violating the ordinance as long as the vehicle did not accumulate debris. In addition, this ordinance authorizes code compliance officers to issue citations, compel abatement (tow) pursuant to Chapter 2.31, or abate violations pursuant to Chapter 11.32 if the vehicle is abandoned. Many cities have adopted ordinances which prohibit the storing of trailers, recreational vehicles, and boats in certain locations and during certain times of the year because of such things as weather conditions, travel lanes, parking problems and vision clearance. The Police Department requested consideration of this matter to directly address ongoing problems. City Administration requested the Council discuss and provide direction on whether there should be additional exemptions for storage in the Railroad District. The issue of storage of personal vehicles is addressed in the draft ordinance because personal vehicles that do not collect debris will be allowed, regardless of the 72 hour limit. The same is not true for trailers, campers and recreational vehicles. If Page I of2 " r~' CITY OF ASHLAND stored for more than 72 hours such items violate the code (existing and proposed). Currently, if you have a trailer, camper or recreational vehicle you may store it lawfully on your property or in a storage facility properly zoned for such outdoor storage use. Generally use of the public right-of-way for storage is inconsistent with the purpose of public right-of-way. Related City Policies: City Charter Article 10, Ordinance adoption provisions. Council Options: I) Suggest revisions to the ordinance. 2) Schedule first reading of July 20, 2010. Potential Motions: Council: Motion to schedule First Readingfor July 20, 2010. Attachments: . Proposed ordinance " Page 2 of2 r~' DRAFT ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 11.34 RELATIN9 TO STORAGE, OF PERSONAL AND RECREATIONAL VEHICLES, AND AMENDING AMC 11.24.020. Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ~.L and additions are bold underlined. WHEREAS, Article 2. Section I ofthe 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 Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the code provisions regulating the storage of personal vehicles was revised to be compliant with the City's use of the Law Enforcement Data System (LEDS); and WHEREAS, the city cannot use LEDS to determine the owner of a vehicle that is in violation of city ordinance provisions; and WHEREAS, the city would like to establish a procedure for abating the nuisance of stored vehicles personal vehicles and recreational vehicles in the public rights of way that is consistent with the City's LEDS contract; and WHEREAS, the city would like to clarify its prohibitions against storing personal and recreational vehicles on the City's right of way. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 11.34.010 [Definitions] through 11.34.040 [Exception for Recreational Vehicles] are hereby added to read as follows: 11.34 Stored Vehicles Page 1 of 4 DRAFT 11.34.010 Purpose The city has iurisdiction and exercises rel!ulatorv control over each public ril!ht-of-way whether the City has a fee, easement, or other lel!al interest in the ril!ht-of-way. The use of the City's ril!ht of way is l!enerally prohibited pursuant to AMC 13.02.040, "no person or entity may occupy or encroach on a public ril!ht-of-way without the permission of the city." The purpose of this chapter is to rel!ulate parkinl! on the City's ril!ht of way to prevent the ril!ht of way from beinl! used to store personal vehicles and recreational vehicles. 11.34.020 Definitions Personal Vehicle: motorized vehicles that are owned and 'used by households for personal transportation, such vehicles include automobiles, station wal!ons, passenl!er vans, carl!O vans, pickup trucks, ieeps, and similar vehicles. Recreational Vehicle: any boat, camper, horse trailer, mobile home, motor home, trailer, trailer house, utility trailer, or other recreational vehicle. 11.34.030 Stored Personal Vehicles Prohibited It is unlawful for any person to park or store any personal vehicle on any public ril!ht-of- way: A. For more than seventy-two (72) hours, and B. In a manner that results in the accumulation of debris around or under the vehicle or in a condition that prevents it from beinl! driven, includinl! flat tires. It shall constitute prima facie evidence of storal!e of a vehicle if the vehicle meets the criteria of this section. Anv vehicle mentioned in this subsection parked on the ril!ht-of-way within the City in violation ofthis subsection may be treated as an abandoned vehicle pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Stored personal vehicles prohibited is a Class B violation. 11.34.040 Stored Recreational Vehicles Prohibited It is unlawful for any person to park or store any recreational vehicle on any public ril!ht- of-way except as provided in this chapter. It shall constitute prima facie evidence of storal!e of a recreational vehicle if the recreational vehicle is not within the exception in AMC 11.34.040. Any vehicle mentioned in this subsection parked on the ril!ht-of-way within the City in violation of this subsection may be treated as an abandoned vehicle pursuant to AMC 11.32 or abated pursuant to AMC 2.31. Stored recreational vehicles prohibited is a Class B violation. 11.34.050 Exceptions for Recreational Vehicles A recreational yehicle may be lel!ally parked on the public ril!ht-of-way in front of the vehicle owner's dwellinl!, provided it meets all of the followinl! criteria: A. Is not parked for more than seventy-two (72) hours; 8. Does not constitute a hazard to traffic on the public streets; C. Does not restrict vision of motorists on the public street; Page 2 of 4 DRAFT D. Does not obstruct view from any other propertv; E. Has a currently valid license or rel!istration; F. Is operable, includinl! adequate tires; and G. Is attached to a vehicle if required for movement of the recreational vehicle. To comply with the seventy-two (72) hour time restriction, a recreational vehicle must be moved more than one hundred (100) feet from the parked location in which the seventy- two (72) hour time period has expired. SECTION 2. Section 11.24.020 [Prohibited parking] is hereby amended to read as follows: 11.24.020 Prohibited parking In addition to the provisions of the motor vehicle laws of Oregon prohibiting parking, no person shall park: A. A vehicle upon a bridge; viaduct, or other elevated structure used as a street or within a street tunnel in this City, unless marked or indicated otherwise; B. A vehicle in an alley except to load and unload persons or materials not to exceed twenty (20) consecutive minutes in any two (2) hour period; C. A vehicle upon a street for the principal purpose of: . I. Displaying the vehicle for sale; 2. Washing, greasing, or repairing the vehicle except repairs necessitated by an emergency; Q! 3. Selling merchandise from the vehicle except in an established marked place or when so authorized or licensed under the ordinance of this City; 1. Storage, or a~ junkage or dead storage fer more than se',enty two (72) hours. D. A vehicle upon any parkway except where specifically authorized; E. A vehicle upon private property without the consent of the owner or person in charge of the private property; F. A vehicle within any area marked offby yellow paint upon the street or upon the curb, except where specifically authorized by a traffic sign, (Ord. 1557 S 13, 1968) G. A vehicle or any part thereof upon a sidewalk or bicycle path. (Ord. 1971 S I, 1978) H. Or stand or stop a truck or bus on a public street or in a public parking area with its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall be turned off when loading and unloading passengers or merchandise. This subsection H shall not apply to: I. An engine running for less than five minutes. 2. A vehicle in the moving traffic lane waiting to move with the normal flow of traffic. 3. An engine needed to operate equipment used to load or unload merchandise, 4. Trucks under 12,000 GVW and buses with a carrying capacity of fifteen passengers or less, or 5. Emergency vehicles, utility company, construction and maintenance vehicles, the engines of which must run to perform needed work. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 3 of 4 -- DRAFT SECTION 4. Savinl!s. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws i,n effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) 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 Page4of4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Completion of First Reading of Ordinances Adopting Chapter 18.53 Croman Mill and Related Ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map Amendments, and Scheduling Second Reading of Ordinances to a Future Date June 29, 2010 Primary Staff Contact: Bill Molnar Community Develo ment E-Mail: molnarb{a2ashland.or.us None Secondary Contact: Maria Harris Martha Benne Estimated Time: I hour Question: Does the City Council approve the first reading of the remaining ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments, and request the complete set of six ordinances be scheduled for second reading? Staff Recommendation: Staff recommends approval of the first reading of the remaining ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive and Zoning Map Amendments, and scheduling second reading of the complete set of six ordinances to a future date. . Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill . . Ordinance #4: An Ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343, 18.08.845, 18.12.020, 18.61.042, 18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020, 18.106.030,18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill . Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of land within the City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes Page I of4 !'~, CITY OF ASHLAND In the event this agenda item is not addressed at the June 29, 2010 Council meeting, Staffrecommends continuing the deliberation on first reading of Ordinances #2,4 and 5 as well as the second reading of I Ordinances #1,3 and 6 to a future meeting to avoid having to re-notice the item. Background: At the June 1,2010 meeting, the Council approved first reading of three of the six ordinances (Ordinances #1,3, and 6) implementing the Croman Mill Site Redevelopment Plan (2008), and continued deliberations on first reading of the remaining three ordinances (Ordinances #2, 4 and 5) to the June 15,2010 meeting. The item was on the June 15,2010 agenda, but was not addressed due to a lack of time. As a result, the item was continued to the June 29, 2010 Council meeting. The Council has resolved a series of issues in the delib'erations to date as described below. Revision addressing the issues will be incorporated in the ordinances for second reading. . . remove properties at 695 and 697 Mistletoe (KruiseIHamlin) from Croman Mill District Compatible Industrial (CI) zoning overlay - retain existing M-l Industrial zoning . do not apply the Detail Site Review Zone to the properties at 650, 700 and 750 Mistletoe Road (DiRienzo/Knox) - retain existing M-l Industrial zoning . identify street connection from plan area to Washington Street, bike/pedestrian connection as secondary option . modify Phase II of the Central Boulevard to using the exiting Mistletoe Road location with original concept shown as dotted line with notation that property owner consent would be required . Site Review approvals for buildings up to 15,000 square feet in size in the Croman Mill District will be a Type I planning approval . limit changes in land use overlays to Compatible Industrial (CI) or Office Employment (OE) Staff recommends completing the second reading of the complete set of six ordinances on the same date because of state noticing requirements. The City is required to send a notice of adoption of plan and land use regulations amendments along with the amendments to the Department of Land Conservation and Development (DLCD) no later than five working days after the final decision. If the ordinance, plan and map amendments implementing the Croman Mill District are divided into two groupings, Staff believes the package of amendments may become disjointed and difficult to understand in the review at the state level. Additionally, the notice to DLCD begins the appeal process at the state level. As a result, two separate decisions for the two groupings of ordinances would result in the City's amendments being subject to two rather than one appeal process. Please bring the previous packet materials from the April 6, May 4, May 26 and June I meetings to the June 15,2010 meeting. The record for the planning action is located on the project web site www.ashland.oLus/croman at http://ashland.or.us/files/20l0-05-04 CromanMill PARecord web.pdf. Related City Policies: Ashland Comprehensive Plan - Chapter II: Introductions and Definitions, Chapter III: Citizen Participation, Chapter IV: Environmental Resources, Chapter VII: The Economy, Chapter VIII: Parks, Open Spaces and Aesthetics, Chapter X: Transportation, Chapter XI: Energy, Air and Water Conservation, Chapter XII: Urbanization Chapter 18.108 Procedures Page 2 of4 ~~, CITY OF ASHLAND Council Options: The Council may approve, approve with modifications, or deny the first reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Co~prehensive Plan and Zoning Map Amendments. Potential Motions: 1. Move to approve first reading of the following ordinances. Additionally, move to request that the complete set of six ordinances be brought back for second reading on July 20, 2010. . Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill Exhibit A: Chapter 18.53 Croman Mill . Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343, 18.08.845, 18.12.020, 18.61.042, 18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72. I 40, 18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020, 18.106.030, 18.108.0174 of the Ashland Municipal Code-and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill . Ordinance #5: An Ordinance amending the City'of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of land within the City Limits from M-l, E-I, and R-I-5 Districts to the newly created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes 2. Move to approve first reading with proposed amendments as noted after each ordinance. Additionally, move to request that the complete set of six ordinances be brought back for second reading on July 20,2010. (see list of ordinances above) Attachments: The following ordinances are unchanged, and were included in the April 6, 2010 packet. I. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill Exhibit A: Chapter 18.53 Croman Mill 2. Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343, 18.08.845, 18. I 2.020, 18.61.042, 18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020,18.96.090,18.104.020, Page) of 4 _.11 ..... .,. CITY OF ASHLAND 18.106.030, 18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill 3. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres ofland within the City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes Page4of4 ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Completion of First Reading of Ordinances Adopting Chapter 18.53 Croman Mill and Related Ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map Amendments, and Scheduling Second Reading of Ordinances to a Future Date June 29, 2010 Primary Staff Contact: Bill Molnar Community Development E-Mail: molnarb(@,ashland.oLus None Secondary Contact: Maria Harris Martha Bennett Estimated Time: 1 hour Question: Does the City Council approve the first reading of the remaining ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments, and request the complete set of six ordinances be scheduled for second reading? Staff Recommendation: Staff recommends approval of the first reading of the remaining ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive and Zoning Map Amendments, and scheduling second reading of the complete set of six ordinances to a future date. . Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill . Ordinance #4: An Ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343, 18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020, 18.106.030,18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill . Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of land within the City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, eM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes Page 1 of4 ~~, CITY OF ASHLAND In the event this agenda item is not addressed at the June 29, 2010 Council meeting, Staff recommends continuing the deliberation on first reading of Ordinances #2,4 and 5 as well as the second reading of Ordinances #1,3 and 6 to a future meeting to avoid having to re-notice the item. Background: At the June 1,2010 meeting, the Council approved first reading ofthree of the six ordinances (Ordinances #1, 3, and 6) implementing the Croman Mill Site Redevelopment Plan (2008), and continued deliberations on first reading of the remaining three ordinances (Ordinances #2, 4 and 5) to the June 15,2010 meeting. The item was on the June 15,2010 agenda, but was not addressed due to a lack of time. As a result, the item was continued to the June 29, 2010 Council meeting. The Council has resolved a series of issues in the deliberations to date as described below. Revision addressing the issues will be incorporated in the ordinances for second reading. . remove properties at 695 and 697 Mistletoe (Kruise/Hamlin) from Croman Mill District Compatible Iodustrial (CI) zoning overlay - retain existing M-l Iodustrial zoning . do not apply the Detail Site Review Zone to the properties at 650, 700 and 750 Mistletoe Road (DiRienzo/Knox) - retain existing M-l Industrial zoning . identify street connection from plan area to Washington Street, bike/pedestrian connection as secondary option . modify Phase II of the Central Boulevard to using the exiting Mistletoe Road location with original concept shown as dotted line with notation that property owner consent would be required . Site Review approvals for buildings up to 15,000 square feet in size in the Croman Mill District will be a Type I planning approval . limit changes in land use overlays to Compatible Industrial (CI) or Office Employment (OE) Staff recommends completing the second reading of the complete set of six ordinances on the same date because of state noticing requirements. The City is required to send a notice of adoption of plan and land use regulations amendments along with the amendments to the Department of Land Conservation and Development (DLCD) no later than five working days after the final decision. Ifthe ordinance, plan and map amendments implementing the Croman Mill District are divided into two groupings, Staff believes the package of amendments may become disjointed and difficult to understand in the review at the state level. Additionally, the notice to DLCD begins the appeal process at the state level. As a result, two separate decisions for the two groupings of ordinances would result in the City's amendments being subject to two rather than one appeal process. Please bring the previous packet materials from the April 6, May 4, May 26 and June 1 meetings to the June 15,2010 meeting. The record for the planning action is located on the project web site www.ashland.oLus/croman at http://ashland.oLus/files/2010-05-04 CromanMill PARecord web.pdf. Related City Policies: Ashland Comprehensive Plan - Chapter II: Introductions and Definitions, Chapter III: Citizen Participation, Chapter IV: Environmental Resources, Chapter VII: The Economy, Chapter VIII: Parks, Open Spaces and Aesthetics, Chapter X: Transportation, Chapter XI: Energy, Air and Water Conservation, Chapter XII: Urbanization 'Chapter 18.108 Procedures Page 2 of4 ~~, CITY OF ASHLAND Council Options: The Council may approve, approve with modifications, or deny the first reading of ordinances adopting Chapter 18.53 Croman Mill and 'related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning Map Amendments. Potential Motions: I. Move to approve first reading of the following ordinances. Additionally, move to request that the complete set of six ordinances be brought back for second reading on July 20,2010. . Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill Exhibit A: Chapter 18.53 Croman Mill . Ordinance #4: An ordinance amending AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343, 18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72.140, 18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020, 18.106.030, 18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill . Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres of land within the City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes 2. Move to approve first reading with proposed amendments as noted after each ordinance. Additionally, move to request that the complete set of six ordinances be brought back for second reading on July 20,2010. (see list of ordinances above) Attachments: The following ordinances are unchanged, and were included in the April 6, 2010 packet. I. Ordinance #2: An Ordinance amending the Ashland Land Use Ordinance creating a new Chapter 18.53 Croman Mill Exhibit A: Chapter 18.53 Croman Mill 2. Ordinance #4: An ordinance amending AMC 18.08.190,'18.08.341, 18.08.342, 18.08.343, 18.08.845,18.12.020,18.61.042,18.68.020, 18.68.050, 18.72.030, 18.72.110, 18.72.120, 18.72.140,18.72.180,18.84.100,18.88.070, 18.88.080, 18.92.020, 18.96.090, 18.104.020, Page) of 4 ~~, CITY OF ASHLAND 18.106.030, 18.108.0174 of the Ashland Municipal Code and Land Use Ordinance for consistency with new Chapter 18.53 Croman Mill 3. Ordinance #5: An Ordinance amending the City of Ashland Comprehensive Plan to change the land use map designation of approximately 99 acres of land within the City of Ashland Urban Growth Boundary from Industrial, Employment, Single-Family Residential and Rural Residential (Jackson County) to the newly created Croman Mill Plan Designation; amending the City of Ashland Zoning and Land Use Control Maps to rezone approximately 78 acres ofland within the City Limits from M-l, E-l, and R-I-5 Districts to the newly created Croman Mill Zone; and , imposing five Croman Mill Overlay Districts on the Croman mill zoned properties, including Compatible Industrial, CM-CI, Office Employment, CM-OE, Mixed Use, CM-MU, Open Space, CM-OS, Neighborhood Center, CM-NC Exhibit A: Proposed Comprehensive Plan Designation Exhibit B: Proposed Croman Mill District Zone (CM) Exhibit C: Proposed Zoning Map Changes Page 4 of4 ~~, ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE CREATING A NEW CHAPTER 18.53 CROMAN MILL I WHEREAS, Article 2. Section I 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 Firefighters. 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 Municipal Code and Land Use Ordinances at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23,2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 6, 2010 and on subsequent public hearing continuance daies; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated 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 Municipal Code and Land Use Ordinance 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 I. The above recitations are true and correct and are incorporated herein by this reference. An Ordinance Adding a new Chapter AMC 18.53 Page I of2 SECTION 2. A new Chapter 18.53 of the Ashland Municipal Code creating a new zoning district [CROMAN MILL] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. 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 snail be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1- 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 An Ordinance Adding a new Chapter AMC 18.53 Page 2 of2 ORDINANCE NO. AN ORDINANCE AMENDING AMC 18.08.190, 18.08.341, 18.08.342, 18.08.343,18.08.845,18.12.020,18.61.042, 18.68.020, 18.68.050, 18.72.030, 18.72.110,18.72.120,18.72.140,18.72.180, 18.84.100, 18.88.070, 18.88.080, 18.92.020,18.96.090,18.104.020,18.106.030, 18.108.0174 OF THE ASHLAND MUNICIPAL CODE AND LAND USE ORDINANCEFOR CONSISTENCY WITH NEW CHAPTER 18.53 CROMAN MILL 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 Firefighters. 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 Municipal Code and Land Use Ordinances at a duly advertised public hearing on January 12,2010 and subsequent public hearing continuance dates, and on February 23,2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 6, 2010 and on subsequent public hearing continuarice dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and \ r 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 Municipal Code and Land Use Ordinance 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. An Ordinance Amending AMC 18.72 Page t of 16 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 18.08.190 [Definitions - District] is hereby amended to add the new subsection to read as follows: 18.08.190 District. A zoning district. A. "R" district indicates any residential zoning district. B. "C" district indicates any commercial zoning district. C. "M" district indicates any industrial zoning district. D. "A" district indicates any airport overlay district. E. "CM" District indicates any Croman Mill Plan zoninl! district SECTION 3. AMC Chapter 18.08 [Definitions] is hereby amended to add the following new definitions in alphabetical order, with subsequent sections renumbered and re-lettered to read as follows: 18.08.341 LEED@ Accredited Professional. A person who has earned a credential as a Leadership in Enerl!V and Environmental Desil!n (LEED@) Accredited Professional from the U.S. Green Buildinl! Council, or Green Buildinl! Certification Institute, in accordance with their standards and requirements. 18.08.342 LEED@ certification. A buildinl! rel!istered with the U.S. Green Buildinl! Council which has satisfied all prerequisites and has earned a minimum number'of points outlined in the Leadership in Enerl!V and Environmental Desil!n (LEED@) Ratinl! System under which it is rel!istered. Levels of certification include Certified, Silver, Gold and Platinum. 18.08.343 LEED@ Green Buildinl! Ratinl! Svstem" or "LEED@ Ratio!!: System. The most recentIv published version of the Leadership in Enerl!V and Environmental Desil!n (LEED@) Green BuiIdinl! Ratinl! Systems bv the U.S. Green Buildinl! Council, or the version to be superseded for one year after the publication of a new applicable LEED@ Ratinl! System version. 18.08.845 Water Budl!et The amount of water a landscape needs takinl! into account the inputs and outputs of water to and from the root zone. Inputs, such as precipitation, are subtracted from outputs, such as evapotranspiration, to calculate the water needs of the landscape. SECTION 4. AMC Chapter 18.12.020 [Classification of Districts] is hereby amended to read as follows: An Ordinance Amending AMC 18.72' Page 2 of 16 18.12.020 Classification of Districts. For the purpose of this Title, the City is divided into zoning districts designated as follows: MSb'l d '< ,';\i, ap ym<,q"an i. Abbreviated Desi ation A RR R-l R-2 R-3 C-l C-l-D E-I M-l WR SOU P DSR HC NM CM R F Airport Overlay Residential - Rural Residential - Single Family Residential - Low Density Multi Ie Family Residential - High Density Multiple Family Commercial Commercial - Downtown Em loyment Industrial Woodland Residential SOU - Southern Oregon University Performance Standards P} - Overlay Detail Site Review Zone Health Care Services Zone North Mountain Nei hborhood Croman Mill District Zone Residential Overlay Freeway Sign Overlay SECTION 5. AMC Section 18.61.042. D. [Tree Preservation and Protection - Approval and Permit Required - Tree Removal Permit] is hereby amended to read as follows: 18.61 Tree Preservation and Protection 18.61.042 Approval and Permit Required D. Tree Removal Permit: I. Tree Removal- Permits are required for the following activities: a. Removal of trees greater than 6" DBH on any private lands zoned C-l, E-l, M-l, CM,or He. b. Removal of trees greater than 6" DBH on multi-family residentially zoned lots (R-2, R-3, and R~I-3.5) not occupied solely by a single family detached dwelling. c. Removal of significant trees on vacant property zoned for residential purposes including but not limited to R -I, RR, WR, and NM zones. d. Removal of significant trees on lands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City of Ashland. 2. Applications for Tree Removal - Permits shall be reviewed and approved by the Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.040 (Type Procedure). If the tree removal is part of another planning action involving development activities, the An Ordinance Amending AMC 18,72 Page 3 of 16 tree removal application, if timely filed, shall be processed concurrently with the other planning action. SECTION 6. AMC Section 18.68.020 [General Regulations - Vision Clearance Areas] is hereby amended to read as follows: 18.68 General Regulations '0, 18.68.020 Vision Clearance Area. Vision clearance areas shall be provided with the following distances establishing the size of the vision clearance area: A. In any R district, the minimum distance shall be twenty-five (25) feet or, at intersections including an alley, ten (10) feet. B. In all other districts except the C-llHHl-E-1, and CM, the minimum distance shall be fifteen (15) feet or, at intersections, including an alley, ten (10) feet. When the angle of intersection between streets, other than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25) feet. C. The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding two and one-half (2 \12) feet in height, measured from the top of the curb, except that street trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight (8) feet above the grade. D. The vision clearance standards established by this section are not subject to the Variance section of this title. (Ord. 2605, SI, 1990) SECTION 7. A1\1C Section 18.68.050 [General Regulations - Arterial Street Setback Requirements] is hereby amended to read as follows: 18.68 General Regulations 18.68.050 Arterial Street Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street Setback i East Main Street, between City limits and Lithia Way 35 feet , i Ashland Street (Highway 66) between 65 feet <:}tylilllit~,~~_~i~~i Y()llI~_()ulev_~~!!._ ............ ....~.,._-_._--_.._-_._. Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the CM and C-l-D district~ and properties abutting Lithia Way in the C-l district. An Ordinance Amending AMC 18.72 Page 4 of 16 SECTION 8. AMC Section] 8.72.030 [Site Design and Use Standards - Applicability] is hereby amended to read as follows: 18.72 Site Design and Use Standards 18.72.030 Applicability. Site design standards shall apply to all zones of the city as outlined below. A. Applicability. The following development is subject to Site Design Review: 1. Commercial, Industrial, Non-Residential and Mixed uses: a. All new structures, additions or expansions in C-l, E-l, HC, CM, and M-I zones. b. All new non-residential structures or additions (e.g. public buildings, schools, churches, etc.). c. Expansion of impervious surface area in excess of 10% of the area of the site or 1,000 square feet, whichever is less. d. Expansion of parking lots, relocation of parking spaces on a site, or other changes which affect circulation. e. Any change of occupancy from a less intensive to a more intensive occupancy, as defined in the City building code, or any change in use which requires a greater number of parking spaces. f. Any change in use of a lot from one general use category to another general use category, e.g., from residential to commercial, as defined b the zoning regulations of this Code. g. Any exterior change to a structure which is listed on the National Register of Historic Places or to a contributing property within an Historic District on the National Register of Historic Places that requires a building permit, or includes the installation of Public Art. h. Mechanical equipment not otherwise exempt from site design review per Section l8.72.030(B). 2. Residential uses: a. Two or more residential units on a single lot. b. Construction of attached single-family housing (e.g. town homes, condominiums, row houses, etc.) in all zoning districts. c. Residential development when off-street parking or landscaping, in conjunction with an approved Performance Standards Subdivision required by ordinance and not located within the boundaries of the individual unit parcel (e.g. shared parking). d. Any exterior change to a structure individually listed on the National Register of Historic Places that requires a building permit, or includes the installation of Public Art. e. Mechanical equipment not otherwise exempt from site design review per Section l8.72.030(B). SECTION 9. AMC Section 18.72.110 [Site Design and UseStimdards - Landscaping Standards] is hereby amended to read as follows: 18.72 Site Design and Use Standards An Ordinance Amending AMC 18.72 Page 5 of 16 18.72.110 Landscaping Standards. A. Area Required. The following areas shall be required to be landscaped in the following zones: rR=ir=...45%~ft~tajde~ejopediota~ea t--"~---"-'-~--~i~------:-- ---..:--------~----- -- - ----.-~.- R-2 i - 35% of total developed lot area R-3 i - 25% of total developed lot area C-l ,- 15% of total developed lot area C-I-D 1- None, except parking areas and service stations shall meet the ! landscaping and I screening standards in Section ILD. of the Site Design and Use i Standards. . E-l i - 15% of total developed lot area i M-l' i - 110% of total developed lot area , I ~ CM-NC ! :+15% of total developed lot area i CM-OEL:u 15% of total developed lot area __________."'''''''''' I-~:~;:ut~l ~~~ ~~ :~::: ::~::~~:: :~: :~:: . "----, u___,____ ,,~ I , , I i I 1 ---.---.---.---------< I --------~ I , SECTION 10. AMC Section 18.72.120 [Site Design and Use Standards - Controlled Access] is hereby amended to read as follows: 18.72.120 Controlled access. A. Any partitioning or subdivision of property located in an R-2, R-3, C-l, E-l CM, or M-l zone shall meet the controlled access standards set forth in seetioB (R) below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. B. Street and driveway access points in an R-2, R-3, C-l, E-l, or M-l zone shall be limited to the following: 1. Distance between driveways. On arterial streets - 100 feet; on collector streets - 75 feet; on residential streets - 50 feet. 2. Distance from intersections. On arterial streets - 100 feet; on collector streets - 50 feet; on residential streets - 35 feet. C. Street and driveway access points in the CM zone are subiect to the reQuirements of the of Croman Mill District Standards. An Ordinance Amending AMC 18.72 Page 6 of 16 G.Q. 1. Access Requirements for Multi-family Developments. All multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited. SECTION 11. AMC Section 18.72.140 [Site Design and Use Standards - Light and Glare Performance Standards] is hereby amended to read as follows: 18.72.140 Light and Glare Performance Standards. There shall be no direct illumination of any residential zone from a lighting standard in any other residential lot, C- I, E-l or M- I, SO, CM or HC lot. SECTION 12. AMC Section 18.72.180 D.[Site Design and Use Standards - Development Standards for Wireless Communication Facilities] is hereby amended to read as follows: 18.72. I 80 Development Standards for Wireless Communication Facilities D. All installation of wireless communication systems shall be subject to the requirements of this section in addition to all applicable Site Design and Use Standards and are subject to the following approval process: Zoning Designations Attached to Alternative Freestanding Existing Structures Support Structures Structures Residential Zones\l) CUP Prohibited Prohibited C-l CUP CUP Prohibited C-l-D (Downtown)'") CUP Prohibited Prohibited C-l - Freeway overlay Site Review Site Review CUP E-l Site Review Site Review CUP M-l Site Review Site Review CUP SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District\l) CUP Prohibited Prohibited A-I (Airport Overlay) CUP CUP CUP HC (Health Care) CUP Prohibited Prohibited CM-NC CUP CUP CUP CM-OE Site Review Site Review CUP CM-CI Site Review Site Review CUP CM-MU CUP CUP CUP CM-OS Prohibited Prohibited Prohibited An Ordinance Amending AMC 18.72 Page 7 of 16 SECTION 13. AMC Section 18.84.100 [Manufactured Housing Developments - Special Conditions] is hereby amended to read as follows: 18.84 Manufactured Housing Developments 18.84.100 Special Conditions. A. For the mitigation of adverse impacts, the City may impose conditions. Restrictions may include, but are not limited to, the following: I. Require view-obscuring shrubbery, walls or fences. 2. Require retention of specified trees, rocks, water ponds or courses, or other natural features. B. No manufactured housing developments may be located within the Ashland Historic District. C. No manufactured housing developments may be located, relocated, or increased in size or number of units, within any zones designated for commercial use -- C-l, C-l-D, E-l, CM or M-l. SECTION 14. AMC Section 18.88.070 [Performance Standards Options - Setbacks] is hereby amended to read as follows: 18.88 Performance Standards Options 18.88.070 Setbacks. A. Front yard setbacks shall follow the requirements ofthe underlying district. 8. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. C. Maximum heights shall be the same as required in the parent zone. D. One-half of the building height at the wall closest to the adjacent building shall be required as the minimum width between buildings, except within non-residential zoninl! districts incIudinl! C-I, C-I-D, E-I, CM, and M-1. E. Solar Access Setback. Solar access shall be provided as required in Section IS.liS 18.70 except within the C-I-D and CM zoninl! districts. F. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the outline plan. SECTION 15. AMC Section 18.88.080 [Performance Standards Options - P-Overlay Zone] is hereby amended to read as follows: 18.88 Performance Standards Options 18.88.080 P-Overlay Zone. A. The purpose of the P-overlay zone. is to distinguish between those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped An Ordinance Amending AMC 18,72 Page 8 of 16 nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. B. All developments, other than partitionings, which involve the division of land, or development of individual living units, in the P-overlay areas, shall be processed under this Chapter of the Land Use Ordinance. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoninl! districts shall be three. C. In a P-overlay area, the granting of the application shall be considered an outright permitted use, subject to review by the Commission for compliance with the standards set forth in this Ordinance and the guidelines adopted by the Council. D. If a parcel is not in a P-overlay area, then development under, this Chapter may only be approved if one or more of the following conditions exist: 1. The parcel is larger than two acres and is greater than 200 feet in average width; or 2. That development under this Chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact; or 3. The property is zoned R-2, eF R-3, or CM. SECTION 16. AMC Section 18.92.020.8. [Off-Street Parking - Automobile Parking Spaces Required- Commercial Uses] is hereby amended to read as follows: 18.92 Off-Street Parking 18.92.020 Automobile Parking Spaces Required B. Commercial Uses. For commercial uses the following automobile parking spaces are required. I. Auto. boat or trailer sales. retail nurseries and other open-space uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and one per two employees. 2. Bowlinl! Alleys. r Three spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business. general retail. person services. . General - one space for 350 square feet of gross floor area. Furniture and appliances - one space per 750 square feet of gross floor area. 4. Chapels and mortuaries. One space per four fixed seats in the main chapel. 5. Offices. Medical and dental - one space per 350 square feet of gross floor area. General - one space per4SG 500 square feet of gross floor area. 6. Restaurants. bars. ice cream parlors and similar uses. One space per four seats or one space per 100 sq. ft. of gross leasable floor area, whichever is less. 7. Skating rinks. An Ordinance Amending AMC 18.72 Page 9 of 16 One space per 350 sq. ft. of gross building area. 8. Theaters. auditoriums. stadiums. gymnasiums and similar uses. One space per four seats. SECTION 17. AMC Section 18.92.020.C. [Off-Street Parking - Automobile Parking Spaces Required- Industrial Uses] is hereby amended to read as follows: 18.92 Off-Street Parking 18.92.020 Automobile Parking Spaces Required C. Industrial Uses. For industrial uses the following automobile parking spaces are required. 1. Industrial uses, exeept warekousin!':. One spaee per two employees 00 the largest shift or far eaeh 700 sl\uare feet of gross floor area, wkieheYer is less, plus oDe spRee per eompany vehicle. ~IndustriaI and Warehousing ~ One space per 1,000 square feet of gross floor area or for each two employees, whichever is greater less, plus one space per company vehicle. 3.2. Public utilities (gas, water, telephone, etc.), not including business offices. One space per two employees on the largest shift, plus one space per company vehicle; a minimum of two spaces is required. SECTION 18. AMC Section 18.96.090. [Sign Regulations - Commercial, Industrial and Employment Districts] is hereby amended to read as follows: 18.96 Sign Regulations 18.96.090 Commercial, Industrial and Employment Districts. Signs in commercial, industrial:!.. -IHHI-employment, and Croman Mill districts, excepting the Downtown-Commercial Overlay District and the Freeway Overlay District, shall conform to the following regulations: A. Special Provisions. 1. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Agl!regate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage. 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. An Ordinance Amending AMC 18,72 Page 100f16 B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each bl!siness, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Buildings with two or fewer business frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontages on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single business frontage shall not exceed sixty (60) square feet. Business frontages of three or more, on a single building, shall comply with the following criteria established within the City's Site Design and Use Standards: i. A pedestrian entrance designed to be attractive and functional, and open to the public during all business hours. ii. The pedestrian entrance shall be accessed from a walkway connected to a public sidewalk. c. Proiection. Except for marquee or awning signs, a projecting sign may project a maximum of two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet can only project four inches. d. Extension above roofline. Signs may not project above the roof or eave line of the building. 2. Ground Signs. a. Number. One sign shall be permitted for each lot with a street frontage , in excess of fifty lineal feet. Corner lots can count both street frontages in determining the lineal feet of the street frontage but only one ground sign is permitted on corner lots. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per Sign. An Ordinance Amending AMC 18.72 Page 11 of 16 c. Placement. Signs shall be placed so that no sign or portion thereof shall, extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F), . d. Height. No ground sign shall be in excess of five feet above grade. 3. Awning or Marquee Signs. a. Number, Two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. . c. Proiection. Signs may not project beyond the face of the marquee if suspended, or above or below the face of the marquee if attached to and parallel to the face of the marquee, d. Height. Signs shall have a maximum face height of nine inches if attached to the marquee. e. Clearance above grade, The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Signs painted on a marQuee. Signs can be painted on the marquee in lieu of wall sign provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs, 4. Portable Business Signs a. Number. One portable business sign, limited to sandwich boards, pedestal signs, , A' frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground signs shall not be permitted to have portable signs. b. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per face including any border or trim, and there shall be no more than two (2) faces. c. Height. Sandwich board signs and' A' frame signs shall not extend more than three (3) feet above the ground on which it is placed, Pedestal signs shall not extend more than four (4) feet above the ground on which it An Ordinance Amending AMC 18,72 Page 12 of 16 is placed, A freestanding wind sign shall not extend more than five (5) feet above the ground on which it is placed. d. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable business sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as regulated within the Ashland Municipal Code. e. General Limitations. Signs shall be anchored, supported, or designed as to prevent tipping over, which reasonably prevents the possibility of signs becorning hazards to public health and safety, Signs shall not be constructed of plastic, illuminated or contain any electrical component. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable business signs shall be removed at the daily close of business. These signs are prohibited while the business is closed, 5. Three-Dimensional Signs. a. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three square foot incidental sign otherwise allowed per 18.96.030H. b. Surface Area. Flat surfaces in excess of two square feet shall count toward the total aggregate sign area per 18,96,090(A) 4, c. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sign is located into the public right-of-way unless the sign is attached to the face of the building and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than seven feet, six inches above grade not projecting beyond, or above, the face of the marquee. d. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. e. Volume. The volume of the three-dimensional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not exceed three (3) cubic feet, For the purposes of calculating volume the minimum dimension for height, width, or depth shall be considered one foot. An Ordinance Amending AMC 18.72 Page 13 of 16 f. Materials. The three-dimensional signs shall be constructed of metal, wood, bronze, concrete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent corrosion or reflective glare. Three dimensional signs shall not be constructed of plastic, Three dimensional signs shall not be internally illuminated or contain any electrical component. SECTION 19. AMC Section 18.104.020. [Conditional Use Permits - Definitions] is hereby amended to read as follows: 18.104 Conditional Use Permits 18.104.20 Definitions, The following are definitions for use in this chapter. A. "Impact Area" - That area which is immediately surrounding a use, and which may be impacted by it. All land which is within the applicable notice area for a use is included in the impact area. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. B. "Target Use" - The basic permitted use in the zone, as defined below. 1. WR (Woodland Residential) and RR (Rural Residential) zones: 1. WR (Woodland Residential) and RR (Rural Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 2. R-l (Single Family Residential) zones: Residential use complying with all ordinance requirements, developed at the density permitted by Section 18.88.040. 3. R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. 4. C-1. The general retail cornrnercial uses listed in 18.32.020 B., developed at an intensity of.35 gross floor to area ratio, complying with all ordinance requirements. 5. C-ID. The general retail commercial uses listed in 18.32.020 B., developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. 6. E-1. The general office uses listed in 18.40.020 A., developed at an intensity of.35 gross floor to area ratio, complying with all ordinance requirernents. 7. M-1. The general light industrial uses listed in 18.40.020 E" complying with all ordinance requirements. 8, SO, Educational uses at the college level, complying with all ordinance requirements. 9. CM-CI. The l!eneral Iil!ht industrial uses listed in 18.53.050 A., developed at an intensity of .35 !!ross floor to area ratio, comply in!! with all ordinance requirements. 10. CM-OE. The !!eneral office uses listed in 18.53.050 A.. developed at an intensity of .50 !!ross floor to area, complyin!! with all ordinance requirements. 11. CM-MU. The l!eneral office uses listed in 18.53.050 A., developed at an intensity of .50 !!ross floor to area, complyin!! with all ordinance requirements. An Ordinance Amending AMC 18.72 Page 140f16 12. CM-NC. The retail commercial uses listed in 18.53.050 A.. developed at an intensity of .50 !!ross floor to area ratio. complvin!! with all ordinance requirements. SECTION 20. AMC Section 18.106,030.H. [Annexations - Approval Standards] is hereby , amended to read as follows: 18.106 Annexations 18.106.030 Approval Standards H. One or more of the following standards are met: I. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2, The proposed lot or lots will be zoned CM. E-I or C-I under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5., The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. SECTION 21. AMC Section 18.1 08.017.C. [Procedures - Applications] is hereby added to read as follows: 18.108 Procedures 18.108.017 Applications C. Priority plannin!! action process in!! for LEED@ certified buildin!!s. 1. New buildin!!s and existin!! buildin!!s whose repair. alteration or rehabilitation costs exceed fifty percent of their replacement costs. that will be pursuin!! certification under the Leadership in Ener!!v and Environmental Desi!!n Green An Ordinance Amending AMC 18.72 Page 15 of 16 Buildin!! Ratin!! Svstem (LEED@) of the United States Green Buildin!! Council shall received top priority in the processin!! of plannin!! actions. 2. Applicants wish in!! to receive priority plannin!! action processin!! shall provide the followin!! documentation with the application demonstratin!! the completion of the followin!! steps in the worldn!! towards LEED@ certification. a. Hirin!! and retainin!! a LEED@ Accredited Professional as part of the proiect team throu!!hout desi!!n and construction of the project. b. The LEED@ checklist indicatin!! the credits that will be pursued. SECTION 22. 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 23. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections I, 22-23) 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 Strornberg, Mayor Reviewed as to form: Richard Appicello, City Attorney An Ordinance Amending AMC 18,72 Page 16 of 16 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO CHANGE THE LAND USE MAP DESIGNATION OF APPROXIMATELY 99 ACRES OF LAND WITHIN THE CITY OF ASHLAND URBAN GROWTH BOUNDARY FROM INDUSTRIAL, EMPLOYMENT, SINGLE-FAMILY RESIDENTIAL AND RURAL RESIDENTIAL (JACKSON COUNTY) TO THE NEWLY CREATED CROMAN MILL PLAN DESIGNATION; AMENDING THE CITY OF ASHLANp ZONING AND LAND USE CONTROL MAPS, TO REZONE APPROXIMATELY 78 ACRES OF LAND WITHIN THE CITY LIMITS FROM M-l, E- 1, AND R-I-5 DISTRICTS TO THE NEWLY CREATED CROMAN MILL ZONE; AND IMPOSING FIVE CROMAN MILL OVERLAY DISTRICTS ON THE CROMAN MILL ZONED PROPERTIES, INCLUDING COM PAT ABLE INDUSTRIAL, CM-CI, OFFICE EMPLOYMENT, CM-OE, MIXED USE, CM-MU, OPEN SPACE, CM-OS, AND NEIGHBORHOOD CENTER, CM-NC. Annotated to show aeletions and additions to the code sections being modified. Deletions are bold" ... and additions are in bold underline. WHEREAS, Article 2. Section I 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 Firefighters. 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 Ashl~nd Comprehensive Plan Map and Ashland Zoning Map at a duly advertised public hearing on January 12, 2010 and subsequent public hearing continuance dates, and on February 23,2010, following deliberations, recommended approval of the amendments by a vote of 6-2; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 6, 2010 and on subsequent public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and OrdNo. Page 1 00 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 and Zoning Map in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the cornprehensive 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, SECTION 2. The officially adopted City of Ashland Comprehensive Plan Map, adopted and' referenced in Ashland Comprehensive Plan Chapter II [PLAN MAP 2.03.04] is hereby amended to change the Comprehensive Plan map designation of approximately 93.5 acres of land inside the urban growth boundary from Industrial, Employment, Single Family Residential, and Rural Residential (Jackson County), to the Croman Mill Plan designation, said amendment is reflected on the revised adopted Cornprehensive Plan Map, attached hereto as Exhibit A, and made a part hereofby this reference. SECTION 3. 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 change the zoning designation of approximately 78 acres of land within the City limits of the City of Ashland, from M-l, E-I and R-I-5, to the Croman Mill Zone designation, said amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit B, and made a part hereofby this reference, SECTION 4. 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 impose the Crornan Mill Compatible Industrial [CM-CI] overlay zoning designation on approximately 28,29 acres ofland in the Croman Mill Zone within the City limits ofthe City of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use Control Maps, attached hereto as Exhibit C, and made a part hereofby this reference. SECTION 5. 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 impose the Croman Mill Office Employment [CM-OE] overlay zoning designation on approximately 29.44 acres ofland,in tlie Croman Mill Zone 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 C, and made a part hereof by this reference. SECTION 6. 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 impose the Croman Mill Mixed Use [CM-MU] overlay zoning designation on approximately 4.39 acres ofland in the Croman Mill Zone 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 C, and made a part hereof by this reference, Ord No, Page 2 00 SECTION 7. 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 impose the Croman Mill Neighborhood Center [CM-NC] overlay zoning designation on approximately 5,91 acres of land in the Croman Mill Zone 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 C, and made a part hereofby this reference. SECTION 8. 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 impose the Croman Mill Open Space [CM-OSI] overlay zoning designation on approximately 6.19 acres of land in the Croman Mill Zone 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 C, and made a part hereof by this reference. SECTION 9. 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 10. 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-lettered, 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 I, 2-8, 9-10) 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 3 of3 Ord No, Proposed Comprehensive Plan Deslanation Croman Mill District Vicinity I' 't:""J~ ~~ :jJ ~\~\6b~~ EJ13B~ .\ c.."m'X '\ . \fL@ " mllill~ ~.~ ",I~~~~."~ IT' ~~~. --" r_~ f- L. l!IO .~,' '~~.' -:::'.,~/ ( I .' ., ~ ~ , -:). ,-'- ~ ~'/ , ./ 'f... ,= "'--' ~ JJJ~ ~ .. ',. . 7l ~"I\._ _ ~n r= S - OIl/I .,~ ~ ~ ,~ - ~/ :g r- .'llfr '0 . ~~ c::., ::-...~" ~, 'l//. -M ,~~ \. "-" ~;; r--- '-I ~ '/. ifh ~ :.-; \""" , ~ ~~W 1 ~ Wh'//~~:./I ~~ " ~ '-J.J~~",," ~'m. w~' 'r/, \'~ " - rc ffi ~" ~ ' '/ ~ ~~ i-iT r-r, ., ~.~./ /) ~ ~, I -, _ ~'~~, , , ~' ( ~~ -r- I I 1:::: f-. ~~ R =~I I ....., 11 - / +/ - \ - - Feet o 170 340 680 1,020 1,360 Proposed Comprehensive Plan Designation ~ Groman Mill Plan , CITY Of ASHLAND ~A' 4-6-10 ProDosed Croman Mill District Zone (CM) Croman Mill District Vicinity .~ ~. Ci Limits - - Feet o 130 260 520 780 1,040 Proposed Zone ~ Croman Mill Zone (eM) CITY OF ASHLAND r., 4-6-10 ProDosed Zonina MaD Chanaes Croman Mill District Vicinity j:.....\@~~~ LJ ~\\~~L-J~~ ~ 1 ~ ~ / I CltvLlmlts\' \\ \f!~zJ:;/ 11 I ~-----' ~,,\...J--i) '--J./~ 'l ~ 1 ffi II I rn ~ =:ti\ ~ ~ q,i _~ ,/:V~( , 1 '""'I' I I \ \ ! ' '/\ " 11 ~f .' ':.~'" )1 . ~'< ~~%~~ ( 1- = fFHfHfB ~11:1 .... ~ '\ '/IJ~' ,~ f-- ,. . Qr:"~ \..- f-- I J \Y- t -'0 ,- ~ h-'i~. = If---,) c H "iJrDS ~Q r- ~I'L ~ ~ ~> ~~ ~~] : ~ i~ ~ ~~~ ~ -- ^? -~I c 'I ~~ ~ .~~~ ~, ,\ - ~ .\}~. ~ " .,.... <9/"" l- I / I -I / F l-1'llr~ :n I 1 - 1]1 l,.l E/ljil!/mlts vi '" ' '" ' .... ~ II" ~~ ~" ~ v +/ - \ Proposed Zoning Overlay Designations _ compatable industrial (CM-CI) _ office employment (CM-OE) D mixed-use (CM-MU) D openspace (CM-OS) D neighborhood center (CM-NC) ~ Detail Site Review (DSR) Note: Areas outside the City Umits would retain their current County zoning designations until annexation. - - Feel o 150 300 600 900 1,200 CITY Of ASHLAND ~., 4-6-2010