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Home My WebLink About2010-1207 Council PACKET CITY OF ASHLAND ImDortant: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments 10 the Council on any item on the Agenda, unless it is lhe subject of a public hearing and the record is closed. Except for public hearings, there is no absolute righllo orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow ora] testimony; however, public meetings law guarantees only public attendance, not public participation. If you wish 10 speak, please fill out the Speaker Request form located near the entrance 10 the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted 10 you, ifany. The lime granted will be dependenllo some exlenl on lhe nature oflhe ilem under discussion, the number of people who wish 10 be heard, and the length oflhe agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 7,2010 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:00 p.m. Executive Session for Evaluation of a Public Employee pursuant to ORS 192.660(2)(i) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes} 1. Study Session of November 15. 2010 2. Executive Session of November 16, 2010 3. Regular Meeting of November 16, 2010 VI. SPECIAL PRESENTATIONS & AWARDS VII. CONSENT AGENDA [5 minutes} 1. Will Council accept the Minutes of the Boards, Commissions and Committees? 2. Shall Council approve a Resolution declaring the Canvass of the Vote of the election held and for the City of Ashland, Oregon on November 2, 2010 and Mayoral Proclamation? 3. Does Council wish to approve a Liquor License Application from Daniel Flattley dba Coquina at 542 A Street? 4. Will Council approve a request to Business Oregon (formally Oregon Economic & Community Development Department) to modify Ihe existing Jefferson Avenue road and bridge construction loan and grant contract documents to reflect the reduction of project cost and revised construction completion and repayment schedules? 5. Will Council acting as the Local Contract Review Board, approve the award of a contract to Progressive Builders, Inc. in the amount of $228,461.51 to construct the 2010 Miscellaneous Concrete Project No. 2008-17? 6. Does Council wish to confirm the Mayor's appointment of James Dills 10 the Housing COUNCIl. MFFIINCiS ;\1(1: I3ROADC;\SI I.In: ON (II/\)\NLI. <) VISIIII-lE CIIY OF /\SI11../\ NiYS WEB Sill: XI' \\'W\\'./\51.IL\ ND.(WUS Commission with a term to expire April 30, 2010? 7. Does Council wish to confirm the Mayor's appointment of Corrine Vieville to the Transportation Commission with a term to expire April 30, 2013? 8. Does Council have questions or input regarding the direction and progress of the Water Conservation and Reuse Study and Comprehensive Water Master Plan? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.050)) 1. Will Council approve the FY12 Capital Improvement Program'(CIP) Project List, the overall FY12-17 CIP program in concept, and the FY12 Capital Equipment Plan after holding a public hearil)g? [60 Minutes] 2. Should Council approve the proposed new AFN Internet Rates and Charges after holding a public hearing? [15 Minutes] IX. PUBLIC FORUM Business from the audience nol included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance Establishing Fees and Charges for Municipal Court Administration" and move the ordinance on to Second Reading? [15 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council, acting as the Local Contract Review Board, approve the award of a public contract to Ashland Home Net for AFN Television Services? [5 Minutes] 2. Does the Council have questions regarding the status of the telecommunications utility's performance against its strategic goals and performance measures? [10 Minutes] XII. ORDINANCES RESOLU NTRACTS 1. Will Council appr e First Readin n ordinance titled, "An Ordinance Relating to Reimbursement istricts an dding Chapter 13.30" and move the ordinance on to Second Reading? [15 2. Will Council appro First Reading 0 n ordinance titled, "An Ordinance Relating 10 Adopting New Buildin uc ural Codes, Amending AMC Chapter 15 Building Codes, and Repealing AMC 15.04.180,15.08.020,15.08.040,15.08.050,15.08.060, 15.08.070, 15.16.020 Through 15.16.220, 15.16.250 Through 15.16.320, AND 15.16.360 Through 15.16.370" and move the ordinance on to Second Reading? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Will Council approve the Mayor's Signature on a letler to Senator Merkley regarding support for performance based planning? XIV. 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 accessibifity to the meeting (28 CFR 35.102-35.104 ADA Title t). ,_,'_' '._' I ''-. ". ". ,.~,_~ , '. . '-.".J " . "'.. >.'" '_'. ........... , '.J' '..' . ,-, ,_" , "".' '; " ' . . J.d_, .' VISIT THE CITY OF ..\SHI.;\NIYS WEB SITF.-\T \\'WW..-\SI-II.;\NnOR.US CI7YCOUNCUSTUDYSES~ON November 15. 2010 Page 1 of3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, November 15, 2010 , Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Chapman, Silbiger, Jackson, Navickas, Voisin and Lemhouse were present. 1. Look Ahead Review City Administrator Martha Bennett reviewed the' items on the Council Look Ahead. 2. Will Council set a public hearing and action for tbe FY12 Capital Improvement Program. (CIP) project list, the overall FY12-17 CIP Program in concept, and the FY Capital Equipment Plan? Public Works Director Mike Faught gave a presentation on the proposed FY I 2- 17 C1P that included: . Council Actions Requested . CIP Planning - What is Involved - Master Plans: Current and future capacity, Condition of existing systems vs. life cycle expectancy, Growth anticipations (UGB) . Maintenance Records - Planned vs. actual conditions . Revenues . Balance Capabilities: Budget limitations and Staffing availability . Timing: Replacement vs. cost of delaying and Capacity needs . FY11 Current Year Highlights by Fund FYlI FY II Est Difference TRANSPORT A TlON / L10 $ 3,458,000 $ 2,977,000 $ 481,000 STORM DRAIN $ 35.000 $ 204.555 $ (169.555) AIRPORT $ I ,800,000 $ 1.674.M9 S 125.151 WATER $ 865,000 $ 413,500, S 451,500 W ASTEW A TER $ 1,210,000 $ 955,000 S 255,000 ELECTRIC S 630,000 $ 630,000 $ 0 AFN / TELECOMM $ 196,000 $ 191,000 $ 5,000 INFORMATION TECHNOLOGY /GIS S 95,000 $ 95.000 $ .0 ADMINISTRATION 1 FACILITIES $ 475,000 $ 486,000 $ (11.000) PARKS & RECREATION S 2095000 $ 445 000 $ I 650000 $ 10,8S9,OOO $ 8,071,904 $ 2,787,096 Mr. Faught eXplained it was doubtful any of the $2,787,096 would carry forward. Revenues were down in specific funds. Some projects slipped while others were spread out over multiple fiscal years. . FY12 CIP Proposed Program by Division Staff explained the Parks and Recreation Department plan to issue bonds secured by Food and Beverage Tax revenue and build capital as quickly as possible to fund their projects. FY2012 Changes from Approved FY 11-16 CIP . FYl1 CIP for 201 2 - $6,707,000 CITY COUNCIL STUDY SESSION . November 15. 2010 Page 2 of3 . Total Proposed CIP FY12 - $9,773,000 . Difference $3,066,000 Mr. Faught explained the Croman Central Boulevard project would only occur if the City received the grant for $ 1,000,000. The developer would fund the remaining balance. The TID Pump Station upgrades and the Crowson II Reservoir project were moved to unfunded due to insufficient revenue. The most significant changes were the Fire Station No.2 reconstruction and Parks and Recreations projects. Aerial photographs for Geographic Information Systems (GIS) program should occur every 10 years for a city the size of Ashland. When the project takes place, it will have been 14 years since the last updale. Another new project, the Willow Wind pedestrian crossing would install a Hawk System that will have a red light when pedestrians cross to enhance safely and prevent children from crossing Campus Way diagonally. Staff addressed Ihe Financial Software Upgrade and explained the Auditors have recommended the City either develop stronger internal controls for the in-house Utility billing software or go to a third party source. Staff concluded it was in the City's best interest to outsource to a third party. The software should last 8-10 years. The Budget process added the Storm Master Plan and water quality improvements to Ashland Creek after the CIP was issued. Staff recently updated the CIP to reflect both projects. . FY12 CIP - Proposed Transportation Project List . Sidewalk Construction 2011-12 Map . FY12 CIP Street Improvements/Overlays per Pavement Management System (Goal of $350,000/yr) . FY12 CIP Local Improvement Districts Mr. Faught clarified Ihere was not enough money to fund all the overlays needed so staff prioritized Ihe ones closest to requiring reconstruction. He went on 10 note a title correction to the Schofield!Monle V ista Street LID not reflected in the CIP spreadsheet. . FY 2011/12 Maintenance Projects Map - 2nd year. Slurry Seal projects . FY12 Fiscal Impacts - Street Fund . FY12 CIP - Proposed Water Fund Project List Staff explained of the $23million unfunded in the Water Fund $11million was for Talent Ashland Phoenix (TAP) project and Council may opt not to go forward with that project. The larger issue wilh the Water Fund was operations, capital and rates. The Ashland Water Advisory Committee (AWAC) will have some suggeslions and the Master Plan will recommend a new rate structure with short-term solutions coming from the consultant during the interim. . FY12 Fisca11mpacts - Water Fund Staff confirmed there were several leaks in the water lines but overall none was failing and had not gotten worse. . FY12 CIP Proposed Wastewater . FY12 Fiscal Impacts - Wastewater Fund . FY12 CIP - Proposed Airport and Storm water CITY COUNCIL STUDY SESSION November J 5, 20 J 0 Page 3 of3 . FY12 CIP - Proposed Electric Fund Project List . FY12 CIP - Proposed AFNffelecomlIT Project Lists There are 250 employees and approximately 300 computers and staff described the 1.5 computer ratio per employee and current efforts to reduce the ratio I - I . . GIS - Citywide Aerial Photographs - FY12 - $75,000 . Administrative Services / Finance - Financial Software Upgrades - FY12 - $250,000 . Administration - City Facilities Staff explained the concrete project would address cracks and swelling in the sidewalk in front of Fire Station No.1 due to salting ice during the winter. Staff was researching new products to use instead of salt. The Police Department was researching a bond for $1.2million to retrofit The Grove and move the Police Department there. Dispatch savings would go to hire an architect and asset forfeiture money would go to improvements. The Grove would last 20-30 years and was less expensive than building a new structure. It would cost $1.4million to expand the existing facility from 6,000 square feet 10 9,000 and the required retrofitting to be seismically sound. The Grove would provide 1 1,000 square feet for less. . FY12 CIP - Parks Projects - $2,040,000 . FY12 Capital Equipment Purchase Plan: Street, Facilities, Police and Fire . FY12-17CIPPlan . FY12-17 Highlights Transportation, LIDs and Airport . FY12-17 Highlights Storm Drain, Water . FY12-17 Highlights Wastewater . FY12-17 CIP Highlights Electric, AFN, Telecom, IT . FY12-17 CIP Highlights - City Facilities and Parks Staff noted the City would not receive Step Funding for street projects until possibly 2015. Projects in the unfunded category were estimates and included in the six-year plan. The TSP will have recommendations for projects and the numbers will change with the Master Plans. Meeting adjourned at 6:49 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASNLANU ern eUUNUL Mt;t.JJN(j November 16, 2010 Page 1 of4 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 16, 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 City Recorder Barbara Christenson announced vacancies on the Housing Commission, Transportation Commission, Public Arts Commission and Planning Commission Mayor Stromberg added two items to the Consent Agenda, 10. Liquor License Approval for Suk Cho Molder dba Lee's Cuisine and 1I. The appointment of the Interim City Attorney, moved items #6. and #7. to the December 16,2010 agenda and pulled item #9. for discussion. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of November 1,2010, Executive Session of November 2, 2010 and Regular Meeting of November 2,2010 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg read a statemert regarding Electric Operations Superintendent Scott Johnson's retirement that documented his career and expressed gratitude for his 36 years of dedicated service to the City. Mr. Johnson thanked the City and employees. Tree Commissioner Tom Myers announced the winner of the 20 I 0 Tree of the Year as the Pod less Catalpa tree located at 200 Sherman Street. This Pod1ess Catalpa was the only one in Ashland and quite possibly the west coast. CONSENT AGENDA 1. Will Council accept the Minutes ofthe Boards, Commissions and Committees? 2. Should Council accept the quarterly report as presented? 3. Should Council accept the Comprehensive Annual Financial Report as recommended hy the Ashland Audit Committee? 4. Does Council have questions about the progress on Council Goals? 5. Will Council, acting as tbe local contracts review board, approve a contract-specific special procurement for the direct award (purchase) of the TeleStaff public safety scheduling program from Principal Decision Systems International, Inc.? 6. Does Council wish to confirm the Mayor's appointment of James Dills to the Housing Commission with a term to expire April 30, 2010? 7. Does Council wish to confirm the Mayor's appointment of Corrine Vieville to the Transportation Commission with a term to expire April 30, 2013? 8. Does Council wish to confirm the Mayor's appointment of Tracy Peddicord to the Tree Commission with a term to expire April 30, 2013? 9. Does Council have questions about the Mayor's at large and Council liaison committee member ASHLANU crn CUUNCIL MLLIlN0 November 16. 2010 Page 2 of4 selection for the Ashland Stormwater Technical Review Committee (STRC) and the Ashland Wastewater Technical Review (WfRC) Committee for each ofthe respective Master Plan updates? 10. Does the Council wish to approve a Liquor License Application from Suk Cho Molder dba Lee's Cuisine at 2345 Ashland Street? 11. Does the Council accept the appointment of Megan Thornton as the Interim City Attorney? . Councilor Navickas requested Consenl Agenda item #4. be pulled for discussion. Councilor Chapmau/Voisin mfs to approve Consent Agenda items #1, 2, 3, 5, 8 and additional items #10 and #11. Voice Vote: All AYES. Motion passed. Councilor Navickas noted the January 31, 201 I Study Session would address panhandling and expressed concern Council was focusing on panhandling ralher Ihan the Council Goal of sol vi'll homeJessness issues. City Administrator Martha Bennett clarified the panhandling issue came from staff and the Council Goal of Homelessness was on the Study Session agenda for February 28,201 I. She did not think panhandling and loitering were necessarily related to homelessness. Mayor Stromberg asked Council to pass everything relating to the ASTR and WTRC except Ihe Citizen at Large slots. He would have recommendations for those positions at the next Council meeting. Councilor Silbiger/Chapman mfs to approve Consent Agenda items #4 and #9 with the changes Mayor Stromberg stated. Voice Vote: all A YES. Motion passed. PUBLIC HEARINGS None PUBLIC FORUM Kim Clark/693 Washington Street/Mt. Ashland Manager/Requested the City of Ashland consider asking the US Forest Service to transfer the Mt. Ashland Ski Area Special Use Permit from the Cityof Ashland 10 the Mt. Ashland Association and dissolve the operating lease between the City and the Association This would relieve the City and citizens from all liability that could be associated with the Ski Area in the future. Mr. Clark went on 10 read inlO Ihe record a statement from Alan DeBoer/2260 Morada Lane/ that requested Council to add the proposal to transfer the permit of Mt. Ashland to the Mount Ashland Associalion to the December agenda and why. Councilor Chapman/Navickas m/s to place this item on the agenda for discussion. Voice Vote: all A YES. Motion passed. UNFINISHED BUSINESS 1. Will Council, acting as the local contracts review board, authorize a Competitive Sealed ProposaI/Request for Proposals (RFP) for telecommunications and computer services for AFN? information Technology Director Rob Lloyd explained this was the third contract discussed in the infomIation Technology Department's Slrategic Business Plan. It would set up a multi-award master contract that would allow vendors to offer Internet Connectivity, Technology Support, Telephony and IT Solutions services. The contract would also have options on how Internet Service Providers (ISPs) relate to the City. , Ashland Fiber Network (AFN) will host a Voluntary Pre-Proposal Conference for all potential proposers to answer questions and go through the process. Resale Vendors are required to provide 60-day notice before moving customers to alternative products. During that time, AFN would attempt to recover those customers using information gathered from elevated support issues and service connections as well as initiate a marketing Ai:iHLANU LIlY LVUNCIL Mt.t.J1N<i November /6.20/0 Page 3 oj 4 campaign with the other partners if needed. Councilor Silbiger/Chapman m/s the Council, acting as the Local Contract Review Board, authorize the Competitive Sealed Proposal/Request for Proposals solicitation for AFN telecommunications and computer services. Roll Call Vote: Councilor Voisin, Chapman, Lembouse, Navickas, Jackson and Silbiger, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Does Council agree with tbe proposed recruitment process for tbe City Attorney position? City Administrator Martha Bennett eXplained why staff recommended not hiring a recruitment firm for the City Attorney position but did recommend hiring a firm to run the required backgrOlmd and reference checks. Ms. Bennett noted the job description and position profile used in 2007 had not changed but asked Council and Mayor to provide any suggestions or changes no later than November 29,20] O. The position would retain the current salary range. Council discussed with staff adding language to the job description that the City Attorney would collaborate on a regular basis with the City Administratoron setting work priorities. Council went on to discuss whether the interview process should be public or confidential. In order to obtain a large quality pool of candidates Council decided the process should be confidential with a variety of citizens sitting in the interview panel. 2. Does tbe City Council wish to adopt a pass-througb funding agreement for $50,000 between the City of Ashland and tbe Oregon Department of Forestry involving tbe use of National Fire Plan Biomass funds to belp support tbe creation of defensible space around the homes of Ashland? Fire Chief John Karns explained the agreement was siniilar to previous programs funded by the Title 3 Jackson County Grant. The agreement would assist property owners with the cost to reduce fire fuels around their homes. Firewise Communities Coordinator AIi True will administer the program. The agreement was solely for vegetation management, specific 10 homes in the Firewise Community and the wild land urban interface. Councilor Voisiu/Lembouse m/s to accept the grant agreement. DISCUSSION: Councilor Navickas supported the program and the ongoing need for the City to invest in reducing fuels around homes. Councilor Voisin talked to several people who had taken advantage of the program and noted their feedback was positive. Roll Call Vote: Councilor Silbiger, Cbapman, Lemhouse, Voisin, Jackson and Navickas, YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public Rights of Way and Amending AMC 13.02"? Councilor Lemhouse/Navickas m/s to approve Ordinance #3040. Roll Call Vote: Councilor Navickas, Voisin, Jackson, Silbiger, Chapman and Lemhouse, YES. Motion passed. 2. Discussion regarding placing on agenda the transfer of Special Use Permit to Mt. Ashland Association. Council noted prior experiences with Mt. Ashland Association that cost the City a large sums of money due to lawsuits. Mt. Ashland Association was currently in violation of their lease because they did not have a restorationswn set aside to coverrestorationcosts. Transferring the Special Use Permit (SUP) would relieve them from the liability of having to restore the watershed. Councilors not in office during that time needed the history in order to make a decision on the issue. Other comments included the proposal 10 give up the SUP unconditionally was not acceptable as presented. " ASHLANU C/H CUUNUL MLLlIN<i November 16,2010 Page 4 of 4 Council went on to discuss whether 10 address tbe subject while Councilor Jackson and Councilor Navickas were still in office or when the new Council arrived in January. Councilor Jackson and Councilor Navickas expressed interest in participating in the discussion. Both could be available through January 201] ifneeded. City Administrator Martha Bennett commented on the current staff workload, the complexity of the issue and agreed to meet with Kim Clark from the Mt. Ashland Association inilially. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LWSONS Councilor Voisin explained that November 18,2010 the Jackson County Planning Commission was having a Public Hearing on Regional Planning Solving (RPS) regarding Medford and Ashland that she was attending as a citizen Councilor Chapman was attending the Green House Gas Conference in Eugene with Councilor Jackson and Public Works Director Mike Faught and would provide a trip report for Council afterwards. Councilor Voisin asked for a future report from the Councilors that attended the Oregon League of Cities Conference. ' ADJOURNMENT Meeting was adjourned al 8:37 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes October 6, 2010 Community DevelopmentJEngineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER - REGULAR MEETING. 6:00 pm Historic Commissioners Present: Dale Shostrom, Alex Krach, Terry Skibby, Keith Swink, Sam Whitford, Allison Renwick, Henry Baker, Tom Giordano, Kerry Kencairn Commission Members Absent: None Council Liaison: Russ Sibilger, absent HiQh School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Derek Severson; Cleric Billie Boswell APPROVAL OF MINUTES Mr. Whitford moved to approve the August 4, 2010 minutes as presented and the motion was seconded by Mr. Baker. The minutes were approved unanimously. Mr. Krach abstained due to being absent. Chairman Shostrom welcomed new commissioner, Kerry Kencairn. PUBLIC FORUM: None COUNCIL LIAISON'S REPORT: None . OLD BUSINESS: Pete Belcastro from the Elks Club was unable to attend. Mr. Severson confirmed that Mr. Krach would be speaking at the Elks Anniversary dinner. He said Mr. Belcastro asked that the Commissioners attending be there at 6pm. PUBLIC HEARING: PLANNING ACTION: 2010-01191 SUBJECT PROPERTY: 90 Pioneer St N/11 0 Lithia Way APPLICANT: Robert Seibert, agent for owner Sunny Singh DESCRIPTION: A request for Site Review approval to make an exterior change to a primary contributing property within the Ashland Downtown Historic District. The exterior changes proposed involve the replacement of the doors on the Lithia Way entrance to the J.P. Dodge & Sons Funeral Home building to meet 2010 Oregon Structural Specialty Code (OSSC) and Americans with Disabilities Act (ADA) standards. The project also includes the replacement of a section of private sidewalk and the ilddition of stairs and handrails for ADA compliance. COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown ZONING: C-1-D; ASSESSOR'S MAP#: 391E 09BA; TAX LOT: 11400 Chairman Shostrom confirmed there were no conflicts of interest and no exparte contact. Mr. Skibby disclosed that the applicant and their representative had come to a Historic Review Board meeting. Mr. Severson reviewed what the Historic Commission had approved at the last meeting. Since then, the neighboring tenant objected to the changes as proposed and the applicant is requesting to modify the plans and move the main entrance into the convenience store back to the Lithia Way entry. The existing door would be replaced with a new, ADA compatible single door with side lights similar in style to the original. The entry on Pioneer would not be changed. Chairman Shostrom urged the owner to save the historic doors b be re-purposed. There being no one in the audience to speak, the public hearing was closed. Mr. Baker made a motion to recommend approval as presented and Mr. Swink seconded the motion. It was approved unanimously Ashland Historic Commission Minutes 11/17/2010 CITY OF ASHLAND PLANNING ACTIONS: 2010-00992 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within a Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot nonhistoric/non- contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to the applicant receiving land use approval for a replacement structure.) The application also indudes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater.COMPREHENSIVE PLAN DESIGNATION: Low Density Mull~Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391E 09BD; TAX LOT: 14200 Chairman Shostrom asked if there were any conflicts of interest and Ms. Kencaim excused herself because she had worked on the project. Mr. Severson described the project which had been modified a couple of times per suggestions from the Historic Review Board. Architect Heiland Hoff did a PowerPoint presentation showing other homes in the area that are compatible in bulk and scale and the design features of the home. There was discussion regarding the rear porch and the lack of presence on the Gresham Street entry. On the Allison Street side, Chairman Shostrom had concerns over mass created because of the 24-feet ceilings over more than 1000 square feet of the interior space. The concem also extended to the 12 foot high plate height in the kitchen turret area. He felt the contemporary layout of all the windows extending up into the gables added to the incompatibility. Colin Swales, a property owner on Allison Street, was not supportive of the project. He felt it was far too big and too modern and the . historical details were minimal. There being no one else in audience to speak, Ihe public hearing was closed. Mr. Giordano supported the house as viewed from Gresham Street with some design enhancements to make the entry more prominent, but felt the Allison Street side was too massive. Mr. Skibby was not as concerned with the size but said the windows needed to be grouped. Mr. Swink had issues with the kitchen roof shape pointing out that the 12 foot plate height adds significantly to the mass and scale. . Chairman Shostrom made a motion to recommend that the application be continued to allow for design modifications to address the issues listed below and that the application come back to the Historic Commission and Planning Commission in November. Commission Recommendations: 1. In terms of its mass, bulk, scale and volume, the proposed home has roughly 1,000 square feet of floor area where the average ceiling height approaches 24 feet. If the home were traditionally framed, with more standard ceiling hfights, this would add an additional 1,000 square feet or more of floor area, meaning that the volume proposed is more akin to a 3,200 square foot home on a 4,900 square foot lot than that of a 2,200 square foot home. In the kitchen, there is a 12-foot plate height which significantfy enhances the perceived volume of the turret element. The Historic Commission is concemed that the overall design exaggerates the home's volume beyond what is necessa/}' to accommodate the proposed square footage in order to maximize views and provide large, high-ceilinged great rooms in a manner counter to the intent of the Maximum Permitted Floor Area ordinance and Historic District Design Standards. The Commission recognizes that the prominence of the comer lof is accentuated by the topography and makes effectively concealing the home's volume difficult, and noted that the architect has done a good job of incorporating Historic Commission input to date. However, the Commission believes that design modifications are needed tJ dramatically reduce the volume of the home incfuding lowering the plate height in the turret-element of the kitchen to no more than nine feet, simplifying the lines of the buifding, looking at the gable alignment and the use of dormers for some upper le\€l windows, and generally diminishing the volume, bulk and scale of the home to a degree that renders it more compatible with the neighborhood and district. 2.. In addition to the larger issues raised in #1 above, the Commission also had a number of specific recommendations with regard to design detaifs: a) The Gresham Street entrance needs a stronger sense of presence to give stronger cues for a sense of ent/}' on Gresham. The Commission would like to see side-liehts added to the door at this entIV. In addition. the Ashland Historic Commission Minutes 11/17/2010 CITY OF ASHLAND Commission has concems that the clustering of utility meters on the most prominent wall and the lack of windows detracts from the home's presence in the streetscape, and recommends that a consistent plate line and additional windows be included in the design b) The windows on the Allison Street fagade, over the garage, have too great a ratio of window area to wall surface and give a very contemporary feeling to this elevation This could be better addressed with a less gridded placement, more tightly grouping the windows in threes, with a more simplified style and less variation in type (i.e. simple double-hung sashes would be preferred). The Commission noted that a window placement more like that noted on sheet A 7. 3 with a single casing and one crown over a tighter grouping of three windows would be more compatible. The Commission emphasized that a continuity of window sizes and plate heights was important, and also noted concerns with the pinching of window crowns into the gable. c) In tenns of trim, the corner boards and casings shown are too narrow to be historically compatible, and more detail of historically-compatible exterior trim is needed. d) The turret element that provides kitchen space is not cohesive with the rest of the design due to its plate height, shape and materials. The plate height results in it dominating other elements of the design, and the Commission recommends that it be reduced to a more compatible nine-foot plate height. The Commission noted that a more cohesive plate height might allow a simplification of roof lines on the Gresham Street fagade. Mr. Whitford seconded the motion and it passed unanimously. NEW BUSINESS: Mr. Severson said an application had come in for Standing Stone at 101 Oak St. to enclose an area under the staircase in the back of the restaurant. He asked if the Commissioners were comfortable with moving the project forward and letting SHPO and the Historic Review Board review it in lieu of coming to the full Commission. The Commissioners agreed. OLD BUSINESS: A Review Board Schedule October 7" October 14" October 2151 October 28'h November 4" C. Proiect Assi nments for Planning Actions- BO-2007-01764 160 HelmanlBatzer-Comm Bldasl {Recession Extension aDDrovedH Shostrom/Giordano PA-2007-01939 175 Lithia Wy (formerly 165 Lithia) Archerd & Oresner-Mixed Use Bldg - (Expired 7/25(10) Renwick BO-2009-01288 165 W Fork - New SFR on hillside (Ashley Jensen) (Permit approved-not issued; recession extension exnires 2/26/12.1 Swink/Shostrom BO-2009-00711 568 E Main St (McKechnie) Cucina Biazzi enclosed dining area (Permit approved-not issued; exnires 8/10/10.1 Skibbv PA-2009-00551 426 A St (Sidnev Brown) Mixed Use Bldg (No permit yet; recession extension expires 2/28/12) Giordano PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear (No permit yet; expires 8/27110.1 Swink BO-2010-00156 163 N Pioneer (I ntatto Coffee) Coffee shoo & roaster (TeO issued 3-17-1 0) Shostrom PA-2010-00069 175 N Pioneer lDelj) Terrell Ino nenniil. Shostrom PA-2010-00355 550 E MainrThomashefskvl Hotel/motel- oolenlial window/door reolacements Ino Dermit) Skibb~ PA-2010-00486 820 C SUEllisonl Accessorv Structure Giordano BO-2010-00446 300 Vista lDeBoerl Elevator Whitford P A- 2010-00840 963 C St7Holzshu) New SFR Shostrom PA-2010-01191 90 Pioneer/11 0 Lithia WVlSinoh\ Relllace doors on Lithia Shostrom Ashland Historic Commission Minutes 11/17/2010 CITY OF ASHLAND COMMISSION ITEMS NOT ON THE AGENDA 1. Mr. Severson said an application had come in for Standing Stone at 101 Oak St. to enclose an area under the staircase in the back of the restaurant. He asked if the Commissioners were comfortable with moving the project forward and letting SHPO and the Historic Review Board review it in lieu of coming to the full Commission. The Commissioners agreed. 2. Mr. Whitford made a motion to make Mr. Krach the Historic Commission's official representative to the National Historic Preservation conference in Austin, Texas. Mr. Henry seconded the motion and it was approved unanimously. Mr. Krach abstained. ADJOURNMENT It was the unanimous decision of the Commission to adjoum the meeting at 8:35 p.m. Ashland Historic Commission Minutes 11/17/2010 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES October 12,2010 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Derek Severson, Associate Planner April Lucas, Administrative Supervisor Absent Members: Council Uaison: Eric Navickas, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced Council's deliberations of the A T& T appeal will take place next Tuesday, October 19. He also commented on the Interchange Area Management Plan (lAMP) and noted staff had submitted a letter indicating the lAMP does not comply with the City's Comprehensive Plan. He stated staff would be meeting with ODOT about this and there may also be a presentation before the City Council. Mr. Molnar also noted October is National Planning Month and stated staff will be leading a walking tour of downtown projects at 12:00 p.m. on Friday, October 29. CONSENT AGENDA A Approval of Minutes 1. August 10, 2010 Planning Commission Minutes 2. September 28, 2010 Study Session Minutes Commissioners DotlerrerfDawkins mls to approve the Consent Agenda. Voice Vote: all Ayes. Motion passed 8-0. PUBLIC FORUM Colin SWalesJ143 Eight StIStated he is a member of the Transportation Commission but is only speaking on his own behalf. Mr. Swales commented on the Pedestrian Nodes project and voiced concem with how this is being marketed. He noted the name change from Pedestrian Nodes to Pedestrian Places and stated he does not believe this project is focused on pedestrians and the creation of new plaza spaces. On the contrary, he stated this project is focused on transit oriented development and stated the Commission should be clearer about what this project entails. Commissioner Marsh noted the Transportation and Planning Commissions would be meeting for a joint study session on October 26 and this could be discussed by the larger. group at that time. TYPE II PUBLIC HEARINGS A PLANNING ACTION: #2010-00993 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biennann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within a Ashland Planning Commission Oclol)"r 12.2010 Page 1 of 4 within a Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square square foot non-historiclnon-contributing duplex building and constructing a new two-story 2,183 square foot dwelling with dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to this land use approval.) The application also includes a request for a Tree Removal Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R.2; ASSESSOR'S MAP #: #: 391E 09 SD; TAX LOT: 14200 Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Blake, Dawkins, Marsh, Miller, Mindlin, Morris and Rinaldi declared site visits. No ex parte contact was reported by any of the commissioners. Staff Report Associate Planner Derek Severson presented the staff report and stated this is a request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within a historic district by 17% (315 sq ft.). He stated the proposed dwelling is 2,183 sq ft. with a daylight basement and a two-car garage. Mr. Severson reviewed the site location and noted the existing duplex structure on the lot has been tentatively approved for demolition. He provided an overview of the applicant's site plan and highlighted the applicable Historic District Design Standards, including massing, scale, rhythm of openings, directional expressions, and sense of entry. Mr. Severson stated there are elements in this project's design that staff has concems with, and stated the Historic Commission reviewed this application and they have concerns as well. He noted staff'srecommendations are captured on page 8 of the Staff Report, and the Historic Commission's Recommendations were handed out at the beginning of the meeting. In summary, the primary concerns focused on the mass and volume of the proposed home, including the height of the turret and interest in de-emphasizing the volume over the garage, and the sense of entry on Gresham St. Mr. Severson clarified both staff and the Historic Commission are recommending this action be continued to the November meeting to allow the applicant to do some additional design work that addresses the concerns raised. Questions of Staff Staff was asked to elaborate on how the primary entrance location is determined. Mr. Severson clarified this is typically based on the neighborhood pattem, and in this instance staff feels it is more appropriate to have the primary entrance on Gresham. Commission Dawkins noted 91 Gresham does not have an entry on that street and instead lakes access of the alley; he also voiced concern with visitors to this home parking on Gresham and feels this will exasperate the line of site problems at that location. Mr. Severson stated while the sense of entry on the Gresham frontage is a concem for staff, the Commission can determine this is not an issue for them. Commissioner Miller voiced agreement with staff's concern and stated the proposed front entry design on Gresham is not adequate. Mr. Severson comment on the MPFA and clarified how the square footage is calculated. He stated living space and potential living spaces are included, however unenclosed porches, basement areas, and detached garages do not go into this calculation. He added the MPFA does not give a square footage specific to volume, but it does talk about the volume and mass of the building in the Design Standards. Commissioner Marsh suggested this may be something they want to look at in the future. Mr. Severson clarified the parking requirements and stated a single family home is required to have two off-street parking spaces; however there is no requirement for covered parking, and the off-street requirement can be reduced to one if there are two on-street parking spaces. Applicant's Presentation Heiland HofflApplicant's ArchitectlMr. Hoff addressed the Commission and provided a presentation. He explained the driving driving force behind this project has been the odd shape of the lot and explained how this has impacted the design. He noted this is a comer lot and there are setback requirements on all four sides. He also explained in 1950 the back piece of this lot was pieced off and as result they do not have access to the alley (which is where most of their neighbors park), and they are Ash/al)(j Pfan/liJlg Conlmission OGlO!"H 12. 2010 Page 2 of 4 also lacking the square footage of the surrounding lots. Mr. Hoff noted the square footage, lot sizes, and bulk and scale of the surrounding homes, and noted there are three-story homes on either side of this lot. He commented that the other homes on Allison have a garage off of the alley, but because they do not have similar access the only valid location for the parking was under the house. He noted this is a common design in Ashland and displayed several photos of homes with garages located under the main structure. Mr. Hoff stated he is willing to take another look at some of the design elements, but noted some of these concems came as a surprise to him given the amount of time he has spent working with the Historic Review Board. Commissioner Marsh asked if he considered a single car garage. Mr. Hoff stated this home was designed for the way most people live and the owner who is building the home would like a place to park his two vehicles. Marsh also expressed concem with the 24 ft. ceilings and questioned the historic compatibility. Commissioner Miller asked about the 6 ft. ceiling clearance on the upper level and questioned the compatibilily of a one-bedroom home. Commissioner Rinaldi asked about the public entrance off Gresham and stated he is confused by this since there is a door and a garage on the Allison frontage. Commissioner Mindlin asked about porches and questioned why this was not a stronger element in the design. Commissioner Marsh expressed concem with the main entry on Gresham and felt this was done in order to have the expansive garage space off Allison and does not know if this is justifiable. Public T estimonv Colin SwalesJ143 Eight SUStated he was a member of the Planning Commission when they adopted the maximum house size ordinance and stated larger lots were given a smaller multiplier, and the smaller lots get a fairly generous multiplier. Mr. Swales stated when you compare this house to its neighbors, which sit on lots that are substantially larger, this house is massive and out of proporlion with the neighborflood for a lot that size. He noted the maximum house size ordinance only deals with square footage of the actual floor area and thinks this is a flaw in the ordinance, and commented that the high ceilings in this house really exaggerate its size. Rebuttal bv the APplicant Mr. Hoff agreed that this is a large house for the lot, but noted they are allowed exceed Ihe MPFA by up to 25% and they are only requesting to go over by 17%. He stated this house has less square footage than the homes on three sides and is shorler than the houses to the left and right of it. . Advice from LeQal Counsel/Staff Mr. Severson commented that while the ordinance does not have a numerical figure for pennitted volume, it does explicitly refer to massing as one of the design standards that should be looked at. He added the ordinance process it set up specifically to look at this issue in tenns of the compatibility of the house with the neighborflood and surrounding historic district. Comment was made that it would have been helpful for the applicant to provide an elevation that shows what the house will look like from the street level with the two houses on either side. Mr. Severson clarified if this action is continued the Commission could request that the applicant provide this. Commissioner Marsh closed the record and public hearing at 8:10 p.m. Deliberations/Decision Commissioner Marsh noted both staff and the Historic Commission are recommending this action be continued to the November meeting in order to allow the applicant to make modifications. Recommendation was made for the commissioners to share any final comments or direction to the applicant. The following is an outline of the key comments and suggestions that were shared: . Request was made for the applicant to address the front of the home on Gresham St., and to have an Allison presence that does not conflict as severely as what is proposed. . Suggestion was made to perflaps change the orientation and/or height of the gable in order to improve the Allison fayade. . Comment was made that while the owner wishes to have views from his second floor mezzanine, the architect should consider the use of donners or some other mechanism to provide these views. . Comment was made that the Allison frontage is awfully tall. Ashlrlfld P/anni/1g COl1nnission Octolie' n. 2010 Page 3 of 4 . Comment was made questioning why the octagon shaped kitchen needs to be so tall, and opinion was given this hexagon form on the comer will look out of place. . Comment was made that the biggest problems with this house is lack of a historically compatible porch and the bulk of the fagade facing Allison. . Suggestion was made for the main entry issue to be corrected. . Comment was made that the big double garage on Allison totally overwhelms that frontage. Staff commented on why they are recommending this application be postponed. rather than denied. It was noted that the applicant's architect has continually worked wilh staff to address concems, and staff believes they should be given the opportunity to modify the design. Commissioners MorrislDotlerrer m1s to continue this to their November meeting. Roll Call Vote: Commissioners Blake, Rinaldi, Mindlin, Morris, Miller, Dotlerrer, Dawkins and Marsh. Motion passed 8-0. ADJOURNMENT Before adjourning Commissioner Marsh noted not everyone is able to attend the January Retreat and suggested they consider holding this during a regular meeting where there are no planning actions scheduled. Commissioner Dawkins recommended in the future they pick the same weekend every year to hold the retreat. Marsh recommended the group email her their input on this. Meeting adjourned at 8:40 p.m. Respectfully submitted. April Lucas, Administrative Supervisor Ash/flluj Planning Coo/mission October 12,2010 Page 4 of 4 CITY OF ASHLAND TRANSPORT A TION COMMISSION Thurs<Jay, August 19,2010 Council Chambers, 1175 East Main Street Minutes Attendees: Tom Burnham, Eric Heesacker (Chair), Steve Ryan, Julia Sommer, Colin Swales, Matt Warshawsky, David Young Absent: Brent Thompson Ex Officio Members: Larry Blake, David Chapman, Brandon Goldman, David Wolske Staff Present: Mike Faughl, Jim Olson, Nancy Slocum I. CALL TO ORDER: 6:03 PM by Chair Eric Heesacker. II. APPROVAL OF MINUTES: Minutes of August 19, 20 I 0 approved as submitted III. PUBLIC FORUM: Sommer asked for an update on the downtown bicycle rack design as discussed in an earlier meeting. Swales noted that the City currently provided bike racks adjacent to downtown businesses. He suggested that businesses could be approach to pay all or part of more art-inspired bike racks. Olson said the process could begin, but would ultimately end with City Council approval of the design. Young asked the status of the Commission-approved crosswalk on East Main near Campus Way that would serve students at Willow Wind School. Olson said staff was in the process of applying for grant money. Heesackerintroduced Regina Ayars, Chair of the Housing Commission, who was observing the meeting. IV. ADJUSTMENTS TO THE AGENDA: Chair Heesacker asked that Action Items Band C be reversed to accommodate Fire Chief Karns. V. ACTION ITEMS: A. Election of Vice Chair Swales nominated Ryan for Vice Chair to replace Steve Hauck. Young seconded the motion and it passed 4 to 0 with 3 abstentions. B. Fire Apparatus - Street Parking Policy Impacts Olson sited the Commission's previous action on Bridge Street as an example ofa narrower width street with at-{;apacity parking thaI potentially impacted the Fire Department's operations. He noted that the Handbook for Planning and Designing Streets was adopted by the City Council in February of 1999 and was amended in July of 2008. The Handbook set standards for on-street parking requirements for all classes of streets in Ashland. Brandon Goldman noted that the street design standards were developed as part of a three year process with three goals in mind: public safety (reducing speeds), decreasing development costs and the conserve runoff. The Planning Department was in full support of the Fire Department's recommendation to have the standards enforced in regards to parking restriction signage. Planning C:\Documents and Sening;\shipletd\Local Setting;\Temporary Inlernet Files\Content.Oullook\63KU614S\1O 21 10 TC Minulcs.docPage I of 4 would like to review final signage plans for conformance with land use approvals. Fire Chief John Karns said the recent Oak Knoll Fire gave the Fire Department the opportunily 10 review several ordinances including the street standards. He noted some development areas wilhin . Ashland have streets narrower than may hinder access to these neighborhoods in a timely manner. The department came up with an initial list of 26 streets. These streets could be made passable for fire apparatus with the institution of parking restrictions. Chief Karns reviewed the actual space needed for fire apparatus: . Ambulance needed 9 feet for the vehicle and 13 feet with the doors open for staging; . Fire Engine needed 10 feet for the vehicle and] 6 feet with the doors open for staging. Commission adjourned temporarily to the parking lotto view a fire engine staged as for a fire.' The Commission asked Chief Karns what he needed from the Commission Ashland Fire and Rescue (AFR) forwarded a preliminary list of 26 narrow streets to Jim Olson for review and additional parking restrictions and signage as appropriate. He asked the Commission for its support. Faught added that the streets on the list were not currently signed and could be a potential source of disagreemeJt for the affected neighborhoods. These neighbors would need to be noticed 10 an upcoming Transportation Commission meeting for public hearing and ulIimate decision by the Commission . Motion and Vote: Burnham/Young m/s to direct Staff to work with the Fire Department in signing streets that need additional parking restrictions. Motion passed unanimously. C. A Street Sharrow Designation Burnham explained his request to install sharrows on A Street from Eighth Street to Oak Slreet before the Transportation System Plan (TSP) was complete. He sited three reasons: I) Like Oak Street, this section of' A' is posted less than 25 mph and has no room for bike lanes; 2) Although there are plans to extend the bike path adjacent to the railroad track, there are many obslacles; in the meantime vehicles needed to be made aware of bicyclists; and 3) Another sharrow road would bring Ashland closer to a higher "Bike Friendly Community" designation. Heesacker noted that installing sharrows on Helman Street had also been tabled. Faughl said Ihat Staff consistently recommemed waiting for the TSP update to look at bicycle routes as a whole and recommemed proceeding cautiously. Warshawsky wondered about cost and whether the City really wanted to encourage bicyclists to' usc A Street as a regular bike route. Olson said the cost for installation would be less than $1,000. Burnham thought that realistically bicyclists would be unlikely to change a well used route. Swales agreed that bikes should not use A Street, but the solution would be to extend the bike path. Sommer said A Street was already a naturally shared road and unlike Oak Street, A Street had many distractions for bOlh drivers and bicyclists. Currently A Street was a good exercise in sharing streets without sharrows. Young said the sharrows on Oak Street gave him a sense of security and felt that cars were more accepting of him as a bicyclist. He thought there would be no negative impacts to immediately installing sharrows. He also suggested placing sharrows on North Main Street as it is also dangerous for bicycles. Ryan noted that some neighbors on B Street were concerned about speed therefore B Street might not be the best option for a marked bicycle route. C;\Documents and Scltin~\shipletd\Local Sctting<>\Temporary Internet Files\Contcnt.Out]ook\63KU614S\1O 21 ] 0 TC Minulcs.docPage 2 of 4 . Sommer suggested installing chevrons without the corresponding signage. Faught questioned the legality of that suggestion He noted logic in A Street as a bike route, but noted there was currently no crileria for sharrows. He appreciated the work of traffic engineers and would ask their opinion before November's Commission meeting. Heesacker suggested as an alternative the installation of yellow signs that say "Bicycles on Roadway." Young remembered the extension of the bike path as an issue for the Bicycle and Pedestrian Commission Then they were told it was unlikely to happen. He would like to move ahead with the sharrows. Burnham agreed that the use of sharrows should not be overdone. MOlion: Burnham moved to pursue the installation of sharrows and accompanying signs on A Street from Eighth Street 10 Oak Street and to forward this recommendation to the TSP consultants for approval. An update would be provided at the November Commission meeting. Ryan seconded the motion Warshawsky wondered if installing sharrows on A Street would cause more bicyclists to use A Street inslead of Helman Street, the official Safe Routes to School street. Vote: Motion passed unanimously. VI. NON ACTION ITEMS A. Action Summarv The summary was requested of Staff at a previous meeting. Slocum presented the summary and asked for any comments or changes to the format. The Commission reviewed the contents then asked for the summary to be placed on the City website. They would also like staffto provide more information in the Status column 'and add Ihe date each action was complete. Sommer asked that "Bike Rack Design" and "Central Business District Bicycle Parking" be added to the summary list. B. lAMP Review The TSP consultants, Kittelson & Associates, Inc., reviewed the draft Interchange Area Management Plan (lAMP) for Interchange 14. The Plan required the City to adopt the plan, its policies and ordinances into the TSP including the access plan for AsWand Street between Tolman Creek Road and East Main Street. Faught asked Kittelson to review the potential of installing a signal at Washington Street as desired by Public Works. Although they could not recommenJ a signal, they did recommend a left in/right in/right out at Washington as opposed to a solid median as proposed in the lAMP. Kittleson also recommended seeking language in the lAMP that provided greater flexibility in modifying Ashland Street access points, even the possibility of using roundabouts. Lastly, they recommended reducing the long-term infrastructure needs at the Ashland/Tolman Creek intersection Faught noted that Staff and Kittleson would meet with ODOT soon to discuss these recommendations and he asked for a Commissioner to also attend. As there was no date set, the Commission asked Staff to email all Commissioners; the first Commissioner to confirm attendance would attend the meeting. C. TSP Update Olson announced that the next joint Planning Commission/ Transportation Commission meeting was scheduled for Tuesday, October 26th from 7 to 9 pm. The Technical Advisory Committee would meet the morning of October 26th from 10:30 am - 12: 30 pm. In addition a public workshop on Pedestrian Places would take place Wednesday, October 27th from 7 -9 pm at the Ashland Middle School. C:\Documents and Settings\shipJetd\Local Settings\Temporary Internet Fjles\Content.Oullook\63KU614S\IO 21 ]0 TC MinUles.docPage 3 of4 D. Metrooolitan Policv Organization (MPO) Update Chapman reviewed the upcoming MPO meeting and would post a link to the agenda and packet for the commission 10 see. Faught recently attended a RV ACT workshop on roundabouts. He viewed a good video and would obtain a copy for the Commission He was encouraged to see ODOT embracing the use of roundabouts. E. Planning Commission Swales attended the last Planning Commission meeting where they discussed the upcoming public workshop on Pedestrian Places (formally called Pedestrian Nodes). He explained that Pedestrian Places were three chosen areas of transit -oriented development with increased density to make it more affordable for transit options. F. Car Free Dav Ryan reported Ihat Car Free Day was very successful. There were 4,728 Commuter Challenge miles calculated thus far and the Oak Street Mass Ride included many children. He thanked Staff, Kat Smith of RVTD and the Pacific Green Party. The Commission thanked Ryan for his hard work. G. Audible Signal Project Uodate Olson asked Corinne Vieville to update the Commission Vieville reported that she was working with members of the blind community to prioritize signal installation and identify the most useful paths of travel. The signal at Siskiyou Boulevard and Highway 66 was the highest priority. VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS: None. VIII. ADJOURN: 8:06 PM Respectfully submitted, Nancy Slocum, Accounting Clerk I C:\Documenls and Setting;\shipletd\L.ocal Sening;\Temporary Internet Filcs\ContcnI.Outlook\63KU614S\IO 21 10 TC Minutes.docPagc 4 of 4 CITY OF ASHLAND Council Communication A Resolution Declaring the Canvass of the Vote of the Election Held in and for the City of Ashland, Oregon on November 2, 2010, and Mayoral Proclamation Meeting Date: December 7, 20 10 Prirnary Staff Contact: Barbara Christensen Departrnent: City Recorder E-Mail: christeb@ashland.oLus Secondary Dept.: Legal Depart Secondary Contact: Megan Thornton Approval: Martha Benn Estimated Tirne: Consent/Proclamation Question: Shall the City Council approve a Resolution declaring the Canvass of the Vote of the election held in and for the City of Ashland, Oregon on November 2, 20] 0 and Mayoral Proclamation? Staff Recommendation: Adoption of Resolution and Mayoral proclamation is recommended. Background: Article VII, Section 6, of the City Charter requires that the canvass of the votes for all city elections be made, and the results of the election "shall be entered in the record of the proceedings of the council." The Resolution sets forth the vote for each position and each measure, and the proclamation sets forth the name of each person elected to office and the passage or failure of each of the ballot measures, all as required by this chapter section. Related City Policies: Per charter requirernents as outlined above. Council Options: Adoption of the resolution with the Mayor making the proclamation. Potential Motions: Move to adopt the attached resolution. Attachments: Resolution Proclamation Canvass of the Vote Page I of I ~~, RESOLUTION NO. 2010- A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON NOVEMBER 2,2010. RECITALS: A. The City Council of the City of Ashland met on the 7th day of December, 2010, at the City of Ashland's Civic Center and proceeded to canvass the vote cast at the election held in and for the City of Ashland on the 2nd day of November, 2010. B. The Council has canvassed the vote and has determined the nurnber of votes for the positions as follows: COUNCIL MEMBER - POSITION NO.2 Eric Navickas Michael Morris Write-Ins 3.5] I 5.189 27 COUNCIL MEMBER - POSITION NO.4 Bruce B. Harrell Dennis Slaltery Write-Ins 3,037 4.516 52 COUNCIL MEMBER - POSITION NO.6 David Chapman Write-Ins 5.405 95 CITY OF ASHLAND - CITY RECORDER Barbara Christensen Write-Ins 5.875 21 CITY OF ASHLAND - MUNICIPAL JUDGE Pam Burkholder Turner Write-Ins 5,301 72 PARKS COMMISSIONER - POSITION NO.3 Rich Rosenthal. Wrile-Ins 4.936 62 PARKS COMMISSIONER - POSITION NO.4 No Candidate Filed Write-Ins - total voles cast Stefani Seffinger 1.016 (most number of write-in votes) 31 I PARKS COMMISSIONER - POSITION NO.4 Mike Gardiner Rick Landt 2,836 3,706 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Michael Morris is declared to be the duly elected council member for Position No.2. SECTION 2. Dennis Slattery is declared 10 be the duly elected council member for Position No.4. SECTION 3. David Chapman is declared to be the duly elected council member for Position No.6. SECTION 4. Barbara Christensen is declared to be the duly elected City Recorder. SECTION 5. Pamela Burkholder Turner is declared to be the duly elected Municipal Judge. . SECTION 6. Rich Rosenthal is declared 10 be the duly elected parks commissioner for Position No.3. SECTION 7. Stefani Seffinger is declared to be the duly elected parks commissioner for Posilion No.4. SECTION 8. Rick Landt is declared to be the duly elected parks commissioner for Position No.5. SECTION 9. This resolulion takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this _ day of December, 2010. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. . John Stromberg, Mayor Reviewed as to fonn: Megan Thornton, Interim City Attorney HUIfJERED KEY CANVASS RUN OATE:11119J10 01:19 PM Councilmember. Pos. 2 ASHLAND CITY VoteFor 1 Ol-Er'icNa..ickas 02 - Hichael Harris 0002 2 Ashland 000" ., Ashland 00011 Ashland 0010 10 SOU 0013 13 Ashland GENERAl ELECTION NO~EJofIER 2. 2010 JACKSON COUNTY. OREGON VOTES PERCENT 3,511 40.23 5.189 59.46 03-"UTE.IN 01 02 03 919 1415 7 949 1211 5 840 1048 7 4J 36 2 760 1419 6 REPORT .El52 PAG: 0021 VOTES PERCENT 27 .31 ." I certify the votes recorded on the election indicated. . t correctly summarize the tally of votes cast at //-/'l-;{) date NUMBERED KEY CANVASS RUN DATE:11/19/10 01:19 PH Council~r, Pos, 4 ASHLA/I) CITY Vote For 1 01. Bruce B Harrell 02 - Dennis Slattery 0002 2 Ashland 0004 4 Ashland 0007 7 Ashland 0010 10 SOO 0013 13 Ashland GENERAL ELECTION NOVEKlER 2, 2010 JACKSON COlJNTY. OREGON VQTIS PERCENT 3.037 39.93 4,516 59.38 03-WRITE.IN 01 01 OJ ...------.. 838 1250 11 737 1090 II 641 1007 14 33 46 1 700 1123 11 REPQRT.El52 PAGE 0022 VOTES PERCENl 52 .68 I certify the votes recorded g,rfU,i the election indicated. . 'ze the tally of votes cast at 1I-1'1-/{) date NUr13EREO KEY CANVASS RUN DATE:111l9/10 01:19 PH Councilllelttler. Pos. 6 ASHlAIll CITY Votefor 1 OJ - David R Chapman 02-WRITE-IN 00022 Ashland 00044 Ashland 00077 AshlarKl 0010 10 SOU 0013 13 Ashland 01 02 1478 29 1328 23 1132 26 14 1 1393 16 GENERAL ELECTION NOVEI18ER 2. 2010 JACKSON COUNTY. OREGON VOTES PERCENT 5.405 98.27 95 1.73 REPORT.El52 PAGE 0023 I certify the votes recorded of)this the election indicated. . //-;1-10 date NUMBERED KEY CANVASS RUN QATE:1l1l91l0 01:19 PH Recorder ASHlAND CITY Vote For 1 01" Barbara Christensen 02 .. WRITE- IN 0002 2 Ashland 0004 4 Ashland 0007 7 Ashland 0010 10 SOU 0013 13 Ashland 01 02 1s6a 16 1456 II 1241 II 77 0 1533 13 GENERAL ELECTION NQVOflER 2. 2010 JACKSOH C(\JHTY. mEroH VOltS PERCEHT 5.875 99.14 51 .86 REPORT .El52 Pia 0020 I certify the votes recorded on this the election indicated. ..., ract .correctly summarize the tally of votes cast at //-11,/0 dale NUMBERED KEY CANVASS RUN OATE:111l91l0 01:19 PM Municipal Judge ASHlAND CITY Vote For 1 01 '" Pamela Burkholder Turner 02 . WRITE. IN 0002 2 Ashland 0004 4 Ashland 0007 7 Ashland 0010 10 $OJ 0013 13 Ashland GENERAL ELECTION NOVEHBER 2, 2010 JACKSON COJNTY. OREGON VOTES PERCENT 5.301 98.66 72 1.34 01 02 1445 20 1302 14 1132 22 69 I 1353 15 REPORT .ElS2 PAG: 0027 I certify the votes recorded on t Ci .~t correctly summarize the tally of votes cast at the election indicated. r ~~. ~_ ,f " //If-(tJ date NUH3ERED KEY CANVASS GENERAL ELECTION NOVEIeER 2. 2010 JACKSON Cl)JNTY. OREGON RUNDATE:ll!l9/1001:19PH VOTES PERCENT Parks and Recreation COIlIIIissioner. Pos.3 ASHlAND CITY Vote For 1 01 .. Rich Rosenthal 4,936 98.76 02 .. WRITE. IN 62 1.24 01 02 00022 Ashland 00044 Ashland 00077 Ashland 0010 10 $OJ 0013 13 Ashland 1296 21 1202 16 1049 13 73 0 1316 12 REPQRT.[L52 PAGE 0024 I certify the votes recorded on the election indicated. / /-f ,/-/0 date HUIfJERED KEY CANVASS RUN DATE:1l1l9/10 01:19 PH G:NERAl ELECTION MJVEt18ER 2. 2010 JACKSON COOHTY. OREGON VOTES PERCENT Parks and Recreation COI11I1issioner. Pos.4 ASHLAND CITY YeteFer 1 01 .. NO CANDIDATE FILED 0 02 .. WRITE. IN 1.016 100.00 0002 2 Ashland 0004 4 Ashland 0007 7 Ashland 001010500 0013 13 Ashland 01 02 o 304 o 224 o 256 o 9 o 223 REPORT.EL52 PAG:0025 I certify the votes recorded o~ the election indicated. ounty Clerk /N7-IO date Parks & Reo Comm., Pos. 4, Ci y of Ashland write-ins ~ -f. ~ 1 c ,~ "3 _, ~I-C.J. -!c iuJ 'J ~ ,~ .~ 1 "Y-:L8 Office or Measure Parks & Rec Comm., POS. 4, City of AShland County Jackson Election November 2,2010 Page L of~'SSges _____ Ballot Number Name or No. of Prec~ 2 4 7 10 13 \ I c .~ ~ ~ ] c: l: .C -1 ~):; .': H"'~ ~ I \ I ~1 ~}1 ~ + ..':: ;, .~ :J: 4 J: ;i ~ ~ >l ' -<= ? -Y. ~r ~R = .'!" ~ ~ h .€ 2. I (!.. A ',,-\-n \ I I I r' ' I I I S TUR OFCO TVClE r . / I cerfity the votes recorded on this abstrad correctly summarize t :--, I / tally of lIotes cast al the elecllon Indicated. ( { (d'/, '(J' {/";;~ . ~ ABSTRACT OF VOTES AT GENERAL AND ABSTo' 'SLO.f y.~:1'sAI -1 ELECTIONS SPECiAl ELECTIONS I '" 'Y.~_~ :,l DATE OF ABSTRACT 5eparilta5heet:sIof~Republacan.NonpartlsanilndotherCilndldiites ~~~st fur g<wefT'(lO' mYSl be 00 separate paoe or pages (ORS Separate sheets lor c:andidale$lor CIty. county (including precinct) and slate oIIices -l- -+- "' m '" 8 -..II ...ll p3 -S ":> <l P "", to.... "'" ........ ~m 00 ....... 00 ...'" <m oC> ....0 mz '" 1... "' . <... 'i: ~. .., ~ ~~: ~- g: ~ ~'- ~-.. " ~~!'.l ~~~ ~lg' !!!!i: . . - ':" : B, 0- ~.~ ~ !l~ :I . ~ " o , ;-->0>.... ::~~ ~."' o'i" . ~o~ O~iil ~EQ . ~ ~ " o , ~ " . t , I:: Iiiiii' iiii" il'fC ~ , - . :: ;:; g " ;r < . . 1/17-( () Parks & Reo Comm., Pos. 4, Ci tv of Ashland write-ins Office or Measure ~ w ~ ~ Q m Parks & Rec Comm., ~ "7 _ l ... ~ C ~ w Pos. 4, Citv of Ashland j l ~ <.J g <J oJ 1 0 ~ County ~ ~ E ~~ d , ~ ~ -t Jackson J cC rf ;. J cfi ~ J .. Election { J ::: J. '7 ~~ d .[ , i ...... November 2,2010 ~ .~ ~ ~iri ~ ~ j .: .J:. . .~ 00 ( ~ 0 ~ ...." Page t-of~fsiges ,,;" \::L ..~ _-'=2 h ~ cD 00 "" <m ~mber 0" ....0 Name or NO. of Precinct mz '" 2 - ~ I '1 4 I I I 7 I :2- I 10 I I w 13 . <:- il ~ ,,!. 'b ~ : ~. ~ [ ~, - ~-~ - Q ~~!'" 1?1?~ . .z~g !! !! ~ . . - . . n ~!!~ ~~~ fi:oQii . . . ~ . . g .""9' ~ 4WC C _ . ~ . W ii Ii in !!!.OQl 03; i :!ISla G . - . . , ~ C) 0 , 0 . . ~ 0 , r~ ww iiIiii iDiD ~w . . ~ , - . . - .. 0 ~ . ;; <' . . 71: __ _j-:r:<:: .\ I -. 4" I I 'J .2. I I I s_':~"1~.~_~~~J'I'C~ / / / D"TEOFABSTRACT I cerfrty the lIotes recorded on this abstrad correctly summarize the 1/11'I-t"Ll laIty of votes cast at the election indicated. A --a/;;P ABSTRACT OF VOTES AT GENERAL AND ABSTRA"""" V''''ES AT PR'....'.\ ELECTIONS SPECIAL ELECTIONS Separele~IorDemocratic, Republican. Non~ and otIlercanclidatel. ~~.~llDrgovemor must be on sepa...te page or paoes (ORS Separate $heeb lor candidates for oty. county (including precinct} and state otIices Co-nt- '1 Parks & Reo Comm., Pos. 4, Ci tv of Ashland write-ins Office or Me..ure ~ '" \.. --d ~ m Parks & Ree Comm., ~ f ~ ~ Pos. 4, City of Ashland .,: '.;j ~ ~ ~ oj 8 County I~ d .--", ~ ..[) . e )2 ..... if ct: -+- ~ rl It - Jackson ~ pC ~ J cC \.- . ~ \i) "en Election " ~ ID.... .'; I-- ~ en" C . ; ( ) X ........ November 2, 2010 : ~ ~ -:: -'.;: t .~ .~ ~m J J i\l 00 ~ -~ ._~ ~ ....... Page,j~ges ._~ ~ _.d t-= ~ 00 ...'" <m ~ber 0" ....0 Name or No. of Precinct mz en 2 I I I I 'l. I 4 I 7 I 10 I I I '" 13 . <~~ ~ ~ ~ -n[:.. ~. g" [ ~, - ~-.. 0 ,,"UN ii'02 . . .!.!&- ~ !. ~ . . - ~ : 8 0-3 !!' ~ ~ fiog 3 . 1i . g :"f'>~ ~5!2~ ~.", n'li ~o~ o~~ 3Sg g. - . ~ ~ " . g ~ a i 0 , i:: . . iiii ~ [€I. ~ , <;;!. . 0 ~ . ;; < . . If._ IT~ '"2: I I 1 I 2- I I I I ~. OfC~7//~ OA1EOf AaSTRACT I cerfJty the lIotes recorded on this abstrad correctly summarize the . 7/~ tally of \/Ores cast at the eledion indicated. .-" "'-:."n.", ... (,--. /It'f/LJ ABSTRACT OF VOTES AT GENERAL AND ~.t;( n; ) SPECIAL ELECTIONS ABST 19.~Y9T S AT PRIMARY ELECTIONS Separ;ltesheets for OemOClliltic. Republica.... NOI'IpartJsan and other candidlltel VO:'7 .~l for gov&mOl mlJ$l be on $eplllille page or pages {ORS Sepaliltesheetsfofcandidataforcrty.c;ounly(lncll.ldingprecina)ar.dstaleotftoes Parks & Reo Comm., Pos. 4, Ci IV of Ashland write-ins OffIce or -.uure Parks & Rec Comm., Pos. 4, City of Ashland County ~ ~ 'I" ~ _ ~ -' ::,;,L ~ <'it-\ ~ 'I: >: -;: Ii: ' ~ ~ :;11 J '>- ~ ~ t~ld.~ ~ J ; ~ j f-' ~f- ~ ~ > -+ 1 d t-'-- _P: (:L . ~ cQ ~ ~ - '~ ~ -: ~ - -2 ~ ~ == 1- ._.LD :Z ~~ ::i E _~ ~ ~ 2 ..~ Jackson Election November 2,2010 Page 1 of ~ Paget; ~allotNUmber Name or No. of Precioct 2 4 7 10 13 I ~ '"I I J.. I i I 'L / I!. ..l Tn"'~1 2- I 1- I I IS J- ~~, ".."'. COUNTYCfi'''///. OATEOf-'llSTRACT I cerflty ttle votes recClrde<l on this abstract correctly summarize the. / " / taJIy m vOles cast at the election indicated. rf- -:T. - '//A /llf/D ABSTRACT OF VOTES AT GENERAL AND ABSTR4oF'VOl::{AT P~,..._...l..LECTlONS SPECIAL ELECTIONS nl"\"'. )I~~~ ~t:. Separate sheets'or Oemoc:riWc. Republican, NonpartlUn and OIl'lef candidate!. Votes ClI$I /of governor must be on separate page or pages (ORS Separate sheets tor candidates for cily. 0Cl0Jnty (illdudmg precincl) and state offices ~ m ~ 8 ,. 1O'" "'~ ........ ~m no ...... 00 ..'" <m 0" ....0 mz '" ~ ~ . ,;-~ lit-o!! , . . if~. ~ ~g! ~ - ~ if ;l'o!->!"> ii'ii'~ u~ !!!!~ 3 : i- , . c- o ~ ~..a II 0; ~ <) . ~ . " o , :-'~~ ~ ~?!= o.~ ['!: Ii en !!!.o" 031, ~h . ~ o " g c . = "Ii " o , iC~ ~~ iDS' .... ~~ . . ~ , . ~ ~ 0 ~ ~ " : Parks & Rec Comm., Pos. 4, City of Ashland County - "- .~ .1- '~~ ~ ~ J 'EI_' ~ < ~I-- s-i C)~ ~ _J . J ..-- -= '-- Parks & Reo Comm., Pos. 4, Ci :v of Ashland write-ins ; ~ ; ~I--- ~ ~ _ """" E,; ~_ "i ~ ~- ~ ( < ~ ~...s::~--, :--~.;::: ~'--:;:y'""-j ~ ~ < ') ~ '1'.~ ~ ~ ~ J 0 -~ .~ 4' ~ ~ -~ --- - ---- Offlceor Me4lsure Jackson Election November 2. 2010 Page.s of :'PlDes ~BaIIotNUmber Name or No. of Precinct 2 4 7 10 13 I I I t- I C,.r^~.J.'''\-^1 I I I L I 2... I I I .f.~'~ "'OO"~"~" I, I cerflly the lIoles recorded on this abstract correctly summarize t ~ . ../ / tally 01 votes cast at the eJectIOn Indicated. ~ ~ // ABSTRACT OF VOTES AT GENERAL AND ABST CT~ 1 ~y ELECTIONS SPECIAL ELECTIONS OATEOFAlISTAACT vOtes cast ftw" governor must be on separate page or ~s (aRS Sep.arale sheets tor Democratic:. RepJblcan. Nonp.artisan and OCher candidates sep.me shee~ tor candidates for CIty. county (ioduding preonct) and stale ol'flc:es o m ~ :g o "", m.... "'" ........ ~m 00 ....... 00 ...'" <m 0" ....0 mz '" o . < ~ '2 ~'~ ~ ~ ~ : ~, ~' i Q,- . - . a Q _. w!" ooz . . 0 .2.3" ~ ! i :::: ~- , 0 0- !e"' ~, K<g a . 11 .. o , :--'~U> ~0C < - Q00 (i-ii" ~o~ O~i ~f.:o 8 . - . 0 , Q ~ . c . . ~ o , iC~ 00 iiiiii iiii ~0 . . ~ , iii ! . 0 ~ .. ;< , : II-/'!/o Parks & Rec Comm., Pos. 4, Citv of Ashland write-ins -+:: - _ \. .r ':!:" ~ ~ ~ ~ ~ ~ ' -l <1l ~ ~j~ ~ ~ J ~ -1 J j Ji .~"'-.l ? -, ~ u <:....: ~ , z:: ~ '<'--., i"::l- 4 ~ ~ ~-...J " ! =:j:. i . < y, '- ~l ( , ;: <~Cdh~~~~ ~ ._.u_ u._...= ......- _____1-.._ .____ _. _ OtfIce or Measure Parks & Rec Comm.. Pos. 4, City of Ashland COUflty Jackson EIKtlon November 2,2010 Pillge~f :'pt"ges _____ Ballot Numbef" Name or No. of p~ 2 4 7 10 13 I ('~_~ .l T^....~\ .::S I L J I '';; I cerfity the \/Otes recorded on this abstract correctly summarize the ~ tally of votes cast at the el&d:ron indicated. I ~ ABSTRACT OF VOTES AT GENERAL AND ASST 7 SPECIAL ELECTIONS I I I I OFC~NTY9l~/?/ /. -- 'U~- / --..!.. RY ELECTIONS o.\TE or ABSTRACT 2- 2-1 Separate sheets fo< 0em0cralX:. Republican. Nonpartisan and OltIer Cilndlllales V0te5casllcrgovemormuSl tleoo aeparate page 01 Plges (QRS SeparateS1leetsfOlcandodalestofClly.COUnty(Jnclvdingprecind)aool'itateoflices ] w m ~ ~ "", "'.... "'" ........ 'l:m 00 ....." 00 .,,'" <m 0" ....0 mz '" I m ~ <-- g" ~ ~ 10::: ~. ~: . , - . - . , - - g .. ~!"l l~~. oS . - ' --- . . - ~ : ~ ~~~- ~..a iD .0. . ~ ~ o , :",mu. ~!!?~ .-m 2: <i (" -~. o -- ~ ~Sg . ~ . n o , ~ i . o , iW~ mm iiiii S"ii ~w o . ~ , - - :: 6" ~ . . < : 1/-11-10 Parks & Rec Comm., Pos. 4, Ci ty of Ashland write-ins Office or Measur. J: ~ ~ <;:: ~ m Parks & Rec Comm., ~ ~ ~ ~ ~ w Pes. 4, Citv of Ashland .., 0 ~ -.: '-J 0 cowrty """<l ~ t ~ ~ ;: ~ f- S . - i ~ "> c/, ~ '- Jackson ~ ~ J . 0 . .;: 'i: (S ~ C ~ ~ "- "1Il Election j~ ~ 'C: Ill... "'- " "3 CO Ill" ~ .~ ...... November 2,2010 " --I- , ::: ~m \: .-: ~ l \l ~ -=::j 00 j .=2 '" j ...... --i: - rD 00 Pllge'lof:'~ges ..~ <:::...: -~ '- ..,,:: ..." . ----- ..._.c 1---_. . .-..-. ....:= --. <m ~ber 0" ...0 Name Or No. of Precinct mz III 2 I I 2- 3 4 I 7 z.. I 10 I I I ~ 13 . ~ <-. Q~g , . . 4'...", lIlZi:::7 a~! . - . , " '~N ~oz . . O!~ g" - - . . . - ':' : S 0-3 -- r 3 S-.a :: n. m . ~ . . g :"'~~ ~~c c _ ~.~ 0' Ii !!:o~ o~; 3li:o- ~ . - . . , ~ b' , w a . '3 0 , r~ ~!;f iiii ~~ . . ~ , iil !. . 0 ~ . ;; <' : ,,' 'nl---':'-\ I Z- I I I I I ~ 2,' 'I 1/':" o"ou."'''~ QATEOF AllSTRACT . ""nly Ihe '''e. ,e",,<led ,. .h.. "'"'Of "'"eel, "mm,,,,e'Oe ~ _" ". 1///71'0 tally of lIotes cast at the election IndICated ..-,l . ABSTRACT OF VOTES AT GENERAL AND .'--.... I" _-- SPECIAL ELECTIONS ABSTRACT OF VOJBAT PRIMARY ELECTIONS $eparil1e &heealol DemOCJilI'c, Republican. Nonpattisan arw:l OIlier candidates ~~~' tor governor must be on ~ate page or pagel (ORS Separale ~t5 lor candida\e$ lor oty. county (lndUCIll'lg preCInct) end stale oIfices Parks & Rec Comm., Pos. 4, City of Ashland write-ins OffiCII or M.asure ~ <: ~ ~ .~ ~ m Parks & Rec Comm., \I) ~ -.::: ~ ~ III ~ Pos. 4, Citv of Ashland ..01. '- l- e 1;: e ~ ..; J J.. g ) ~ County I~ J ~ ~ ~ ~ 'li J J V Jackson cC ~ LLJ Ll -s: )>'" Election .~ "-- I-- :::: ~ \I' 1 UJ-< 3 ~ i ~ r "')> 1 i c -<-< November 2, 2010 ~ , ~m .~ ~ ~ ~ d ~ "i SO 00 ~ -<... Page ,"of ~~ges n~ .~ j. ..~ f:j ..~ -~ -~ A 00 ...'" . - .---. <:m ~ber 0" -<0 Name or No. of Precinct mz '" 2 2- I I 4 7- I 1 7 I i 10 t. 2- ~ 13 ~ <-. S. ~ ~ , . . .... iila:::r 5:~; . - . , ;; "'f-'!V ~li'~ ,g,g5 !!.!!.;: . . - ~ : s 0-3 ijO' ~ 2. ~.g !i .. 3 g :"'~l,JI F!:(?~ Q.~ Q: ;- en !!.O~ o:cr;;: ~SQ . . . , Q " 0 , ~ ~ ~ ~ g r~ ~~ Gjiii Ii;- ~~ . . ~ , - . . - ~ ~ ~ . a (:'("n^~ ',.,....nl 2- 2- ? ,. I I I ). I I SIGY'" , " l~ /l //./ OATE O~ ABSTRACT I cerfity the lIotes lecorded on lhis abstract correctly summarize lhe lilt 1-10 tally of votes cast at the election indicated. ~='-/V '/ ABSTRACT OF VOTES AT GENERAL AND ~'/ ~ SPECIAL ELECTIONS ABSTR TO, VUJ"> A I eKIMARY ELECTIONS Sepalille sheets lor Democratic. Repubhcan, Nonpartit.en and oIhef candiaale$ Voles casllor governor mua1 t>e 0tI 5eP<lfa!e page or paoes (ORS $epalilte$l\eet$rorcaodsdille$forcily,COURty(induchrlgpleeinct)<Wld&laleofl'lces Parks & Rec Comm., Pos. 4, Ci y of Ashland write-ins ~) ;-: { .. c ~.. ': ,\,. 71-- ~ .' ~1 '-t1ti: -~-'r' - j G: .J ~ --.; C . ~ ~ ~ -;. .<' ;: ~Ii.:~.., , - .' .-- -f ~ " J. ~ ::: 'd '" ::;:::: s: -'; J ~ _~ _~ ~ to c;. D OffIce or Measure Parks & Rec Comm" Pos. 4, Citv of Ashland County Jackson Election November 2,2010 Page' of :"~ges _____ Ballot Number Name or No, ofP~ 2 I I 4 7 10 13 I ( . +-,.,t" I I I \ I I cerf-.ty the lIotes recorded on this abstract correctly summarize the SJ'""lATlIR tally of \IOles cast at the election indicated. ( I \... ~ o::J \.f: \ . ~ ~ ~--~ ~ J -t ~ --1 J ..~ ._~ I I i I Of CO ClER,>> 11/ - '/-:.29 d/. /..-/ AT-PRIMARY ElECTIONS ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ABST 1 [)ATE OF ABSTRACT Separall! sheet$ for DemocratIC, Republican, Nonpartisan and 0!I\ef ('.aI'lClJdal~ I~~,,':.~ lor goyemor must be OfIseparale page or pagel (ORS Separate ~ lor candidates lor oly, CO<.IOIy (mcloo'ng Pfecinc1) and $tate offICeS '" m '" ~ o o > mill Ill;: ........ ~m 00 ....." 00 .,,'" <m 0<> ....0 mz III '" . < - ~ ~. ~ ~ 'l:J::", - ~. ~ g- 00_ . - . a ~ ..!-> !'l ooz . . 0 ,g,gg. ~~; :: ~ [ Q~3 !!l.1l>;::,: n'~ :i . i . o o :"I~~ ::~~ 00", n-iD- !:o~ O~; ~go ~ . - . ~ o co !! . . j . g i.~~ !!?~ . ~!!!. . . "'''' . . ~ 0 Ii!! . 0 g ~ . "i ~ I II-If>o Parks & Ree Comm., Pas. 4, Ci :v of Ashland write-ins Office or Measure Parks & Rec Comm.. Pos. 4. Citv of Ashland county Jackson Election November 2. 2010 Pagellof~~s ______ ~not Number Name or No. ofP~ 2 4 7 10 13 ~ ~ ~ -~ ~ ~ ~ ~- S < " ~ ~ J= ~ ~I~ :t 1 1 ~ :t ~ ~ ~ ~~ J ~ j ~ J J .~ ~. ~.1~:: -:. <d~hJ~ J ~ ;" -i ~ H ~ _~ II ...-! ______ ~ --'.. ._".,_1-:= I \ i'1 -;;.j ;[) III "'> <:S '- ~ ol J ~ m " ~ o o >en CD.... "'> ........ ~m 00 ...." 00 "" <m 0'" ....0 mz en 3 ~ . < ~-g ~'" !! -lI it : ta a: ~ !!!... g lfa.... ::> Q ..~!V ~~~ gjig ~!"!.~ . . - . . 8 b!"!.3 ~. ~ ~ ;;;..a;- ~ . . . 1i . o , :"'?l~ t~~ o.~ 12:;- en !!.o.. ~~' Q B ~ . ~ o " o , ~ ~ ~ g i~~ ~~ iijiij iDe; ,,~ . . ~ , ill ~ n ;; , . . I ~ , I I 'I I 74 h 2.. I I 2.. I ::< ~'O"" "'""".' ~"'O'M"'A" I cerflly the votes recorded o~ lhi~ abstract correctly summarize the . ~ _ ~. .,./ / .# ./;;' tally of voles cast at the eleclion md,cated. ., 011.../0 =,/ ... -.. . ABSTRACT OF VOTES AT GENERAL AND AasTRACT Of_~ S-Ar-PR~RY elECTIONS SPECIAL ELECTIONS . /,.. Separate sneel$lDt Democratic;, Republican, Nonpartisan and other canclldales I~~~ lor governor must t>e on &ep8ra\e page or pages {ORS separate sheets lor camliclaln 101 city, COl.()ty (Including precinct) and stale ollices Z1J o ., t 2.. Parks & Rec Comm., Pos. 4, Ci v of Ashland write-ins Office or Measure 2 4 7 10 13 ? ~ 1 ~ ~ ~- = .~ - - ~ - ~ ~ ~ {.~ ~ ~ 1 ; J J ~ J: J ~ ~ ~ j ~ -~ ~ <: ~ .-C ~ ~ \-; ~ 1 -i ~~ J_.~ J J .~ J ~.~ J H oGl ....0 mz ~ . 00 m " 8 Parks & Rec Comm., Pos. 4, Gitv of Ashland County Jackson Election November 2, 2010 ~ 0: PagelJ of .3'~ges _____ Ballot Number Name or No, ofP~ Z- I" Z- w 2.. < _-g g":U iil ~ ~ : :li5:l a:g!. ~-~ - Q .. ~!'> ii'CZ E!g. ~~i: . . - . . 0 c!!~ .." ~ ~ ~'i ~ . "i . o , :"'?'!-1' ~wc c _ . l{. ;. !1l !loW 03l~ ~!ilo ~ . - . ~ o " o oil il . ~ . . o , iW~ ww iDS iiii "w . . :!;: . - .0 ~ .. ;; ,. ~ 7!:"__ _ -:r--or~ ,-- r. 'J I 1. I L 1 ",rlity lhe 'oles ,<co,... 0' !hI, """''' "'"oct" '=m.",.lh. ~._ ._~:;;J:--.~.~.-- '1., #/1. tally 01 lIotes cast allhe election indicate4. .,.#/ / / cA. / .._ ABSTRAc I IMARY ELECTIONS DAlE O~ ABSTRACT Iff-/y--/Q ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS SeparateSlleet:srorDemoc:rll~.RepubllClln.NOI'lpa"'sanandOlhefcandldates I~~~.~ lor governor must be on separate paoe or pages (ORS Separate sheets lor candidates lor CIty. counly (including pl'ec;ioc;t} and st.lte offices Parks & Rec Comm., Pos. 4, City of Ashland write-ins OffIce or Meal5ure C ~ Parks & Rec Comm., \: $ ~ _ . ~ ,/ ~ ._~ Pos. 4, Cnv of Ashland '-:: - :"" -"-; _-:: c~.ty S:J~JJ- Jackson !I~:f, ~ c j ~ :1 EIKtiO. ~ :f ~? <....L --+: ~ "' ~ .E ~ ~ "?- ..J- ~ November 2, 2010 i' ~ ?I- -.) S t ~ ~ _~ ~nC;; J~__C 8_~t Page/loot ~~ges ________ Ballot Number Name or No. of ~ 2 4 7 10 13 J.j I i. I 2- I 1.. ('~...~. ...l ,I <:; I 2- I ;... 2. I :~~FCOUNTV~ 1 cerfity the lIotes lecorded on this abstract correctly summarize the tally of lIotes cast at the election indicatecl. ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS >::: ABSTRA T I ./ lMARY ElECTIONS --, I ~ l ~ ,t :t: I ~ i .1~_~ , QATEOFABSTRACl Separate sheets lor Otl'moaBlic, Repul:llC3n, Nonparoun and olner candlGates Sepafllte s.heelSforcandidlltel1Dfoly,county(incJud'n; precinclj and sta\eon;ces VOles cast lor lJOVemol' mUSl be on separilte page or pages (ORS -t -1 .;:;: [J..: ~ m ~ w o o "", Ill.... "'" ........ ?!m no ...." 00 ,,'" <m 0'" ....0 mz '" I ~ . < - 'g Q~~ :V ~_; [~; ~-: :"'~~ iriS'" .ii.iio " " ' .." " . - ':" : S 0.' !!~~ li~ i " ~ ~ g ;"'0>(10 ~!!lC Q.~ 0: ii !!!.O~ 03;; 3~o ~ . - . ~ Q " o , w . . i g iw= ~~ iiiiii i; ~~ " . ~ , - " . . .0 . - , . , < ~ I It -19-/0 Parks & Reo Comm., Pos. 4, Ci:v of Ashland write-ins Office or Menu'" November 2.2010 -- r ':' . c ~~~ ~ ~ ~ ~ ~ ~I-~:)j d j J~ JiJ J~ ~:1; ~ >0 ~I:::f s:; ~ s: ., g: ~ <)" ' 1 . ~ ~ ~ -.<; 0: ;:-~ ~ ~ J - ~ ~ J .~ ~J ~ ~ g g "- _.f1 __ __ _Un __ . .._ __ _ < m 0" ....0 mz o Parks & Rec Comm., POS. 4, City of Ashland County Jackson Election Paget :01 ~ pages ~aJlotNUmber Name or No. of Precinct 2 4 7 10 13 '; I J. I I i I '" Z- < _.g il;, !l ;;,:: :~ii a:;JS . -. , - - . ~~!'I l?:r~ ljf;; . . ' aii!!!. , : s 0-3 ~. r; ~ a'i g 1i , o , :"~~ ~5!1!= 0.'" a:ii en !!!.o... !ii~~ i' II> Sl . ~ o " o , o . . i , o , . i~= "'''' 60'S' iio- "'''' . . ~ , ii!. = 0 , , . , . . . &,-""tJ. '-l>~~1 'L I 2-. I I I z.. I I ~'G~W ou~"'" "0 I cerfitythe lIotes recorded on this Ibstrad correctty summarize the _ /7. -,. / / tally of lIotes cast;l the eledion Indicated. " ^ ' / -<--. ABSTRACT OF VOTES AT GENERAL AND ABSTRAC TE~T PR~ELECTlONS SPECIAL ELECTIONS :L- OATEOF ABSTRACT /II?-IO Separate &heels tor Democratic. Repubhcan. Nonparti$an and 0CI'Ier canclidau!s V~c:,$' lor govemor must be on 5epiIrate page or pages JORS Se?arate $Ileet5 fOr candldat~ tor city. alUnt'\f (induding precinct) IlfIO uate ol'Iices Parks & Reo Comm., Pos. 4, Ci " of Ashland write-ins Office or Measure ~ I/) , i ; ~ - ~ ~ ~ ; s;: ;n Parks & Rec Comm., \J ~ .-1> 8 Pes. 4, Citv of Ashland C C , .} .- ~ County <l C h ~ ) ~ "") ,ti ) ~ .~ j ~h ~ \l Jackson ~ I.. ":Y. Y.. 'E: :::. -Il I-) ~ l-) ,.", f-- ~ S -l-- '"... Election <l "7 tJ ~ ';J "',. -D ---;:; \l :: .-<= . - ...... November 2, 2010 C ~ '" r ~ I- -.{'I ~ -9 ?1m ~ 00 <l <::l ~ = <;: ~ :::! () ....... "0 uE .jJ ~ .Q:: 0C. 00 P,.J~ 01 ~... IX ::J: - ...." _'_U_' -----. . _u__ .- <m --- Ballot Number 0<> ...0 Name or No, of PrllClnCt----- mz '" 2 $.. . I 4 I 7 I I I '0 ~ I (, I I . 13 <~'2 i;j- ~ ~ , .. m ~. . ~g~ c: j _ g-~ . . .. ~!V l?l?~ ,g,ss . . ' - . . . . - ':' : ~ O. iir:;; 2 ~.~ ~ . 1i . 0 , :"'!"?' ~~c 8.iiiill i'riii" ~og:' o:!i;i ~SQ . ~ 0 co ~ a 1 g r~ ~~ iiiiii iiii' ;n~ . . ~ . - . . . . 0 g , . , ~ (~~ '..\1"'+-..1 I :). , 1 , b I I I I SI~E ,OO"'"":2:\A /0 OATEOF ASSTRACT I cerflly the lIotes recorded on this abstrad corredty summarize the 1$/7'-/6 tally of vot~ cast atlhe election indicated. . AJ7;<.. ABSTRACT OF VOTES AT GENERAL AND /'.. / ~ ABSTRACT 0' RY ELECTIONS SPECIAL ELECTIONS '"I Sepafate sheets lor Democrabc. Republican. Noopar1isao and oIller Cilndillale$ VOle$ CilsllCt governor must be on separate page Of page:$ (ORS SeparaIeSheetstorcandidate$forcity,counly(includingprecn::t)lndSlaleoffices Parks & Rae Camm., Pas. 4, Ci y of Ashland write-ins OfftCe or Menure ? - "- -= ~ - ~ v ["\ '" ~ : ~ m Parks & Rec Comm., ;;:: '" Pos. 4, City of Ashland - ~ ~ -~ J N :g ~~ ~ 0 <>J County r~ III ~ IJ_ ~ ~ ~ .. ~ - c .Y: ;,L ~ Jackson 'J; ~ .Y it. :1 y y:. ~ .. Election ~~ ~ * ~ Y- ..II> ..~ ~ ~ ~ ~ s: ~ '" ........ November 2, 2010 =:: E :{ ~m '" 1: c J "- no cC i. ....... Pagelfof .:JPages '-f( ~ OC "2 ~ ~ \--1 00 ..." ,,- -- .-. -.- .. - <m ~mber 0<> ....0 Name or No. of Precinct mz II> 2 4 i '" ~ 7 I I i 10 I I ""I I i ~ 13 . <~1: ~"-ug .. . . .... jia:ij 5: 0 tI , - . -. . .. .#ofo'!'> "'OZ . " ~~g' --" . . - ':" : S 0-3 ~. ~ & fi''filll ~ ~ 0 , :-'~? ~sa!= O"~ 0: ii . "O~ ~3i! - s 5 ~ . - . " , 0 n 0 .. . . i , 0 , r~ sa sa " " iiS" "'~ . . ~ , . . .0 . , € <' . . Tn1--nl I I J 1 ;l, I I tJ.. I I $IGNAT ro' O"N~'~' 7fNj/. OJITEOFAB$TFW:T I cerfrty the lIoteS locorded on this abstract correctly summarize the .~ 1~/r:IO tally of votes cast at the eleCtion indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRACT 6F ~ 7 :/ SPECIAL ELECTIONS _RY ELECTIONS Separate ~IS 10' Democratic. Republican. ~nparti$<ln and other candidates ~~.::$t!of governor mult be on separate page 01 PlIges (ORS Separ,tel/'leel$lorcar.didale5lofoty,c:oun!y(indudingprecinct)andililleo!licel Parks & Ree Comm., Pos. 4, Ci ty of Ashland write-ins Officeot.....ure ~ 1 ~ ~ ~ ~ m Parks & Rec Comm., ~ ~ '" J ~ Pos. 4, Cilv of Ashland ~ -{ ~ '!! 0 (' ~ ~ 0 County ~ ~ j ~ ~I~ ~ , ~ '" ~ Jackson .~ <i :: ......J - ,; ~ ..,) J ~ ::::,f . ---1 "", Election ~ < ~ ...J .-l - -" OJ.... " .~ ~ ::t ) 1 "'" j ~ ~ J "".... November 2,2010 ~ ." ?!m c-J .~ -~ ci ~ 00 -~ Ii --~ ....." Pagel ~ or! Pages ..~ -1= 00 .,,'" , ... --- -".. <m ~ber 0" ....0 Name or No. of Precinct mz '" 2 Jfq I Z- 4 4~ '"'i 7 ~~ i '0 I i I I j ~ 13 I 1-5 . <::-'" il iL?~ ~~~ a:~!l ~~~ - . "......~ OOZ . . . .zl g. !!.!!!.~ . . - ~ : 8 0-3 ~~~ ~-<g a .. ~ 0 , :"'!=J''-'' ~~c < - ~.~ n' it 9lo~ O~, ~ ~- ~ a ~ . ~ n 0 , ~ a . "Ii " 0 , I:: iiiiii iiii "'~ . . ~ , - . . - . 0 ~ .- ;; . ~ I'....-~ ^..j '''' \--nl I i I , +8~ I " J- I I sz E ':1: COUNTY C)fRK .c1 OATE OFA8STR.o\Cl I cerfl1y the votes recorded on this abSlrad correctly summarize the 1#/7'-I{) tally 01 lIotes cast at the election indicated ~ 1/,/ ABSTRACT OF VOTES AT GENERAL AND V/ ..~ SPECIAL ELECTIONS ABSTRAC ELECTIONS / Sepafale sheets for Democralic, Republicafl. JIblpartJSan and 0Ihef canclldates 1~~.C;:SI fCJ( gaYefOOl must be on separate page or pages (ORS Sepafale sheeIs forcandidatllfo Iof city, county (il'lduding p'ednd:) and stale olfices Parks & Rec Comm., Pos. 4, Ci tv of Ashland write-ins OfficeorM.a.ure <:: ~ .~ 9 ~ ~ ~ I> ~ m Parks & Rec Comm., ~ ~ ~ < <l ~ - ~ 0 Pos. 4, City of Ashland ..n . ~ ") if ~ 0 County ~ . ~ :!t ~ \, _ ..E jl -<: . -1 ~ I ~ Jackson .~ -" -' ,. s. [1 . ~ i j ~ -; ~ c -1 -' 0 ; "", Election 3:~ , 0 'Z lll... J >: -: ~ I:t: ...J .i -{ ~~ November 2,2010 ~ 0 ~ .Jl -~ ~ :~ ~ 00 J J:~ - ...~ ..;) ..." (:Q ..5": G: -:::i. <J _J 00 Page'. 'of .:"!fi"ges ~- ,,'" .- _.c --. ..-... <m Ballot Number 0(;) ...0 Name Of No. of Precinct mz '" 2 I 4 I J I I 7 I I 10 I ~ 13 :3 I . < --g ~- 'll ~ ~ ~ : ~. g: i 0' _ . - . a .- "'(..l!"> ~~:r ,g,g s' ~ e ~ . . - ':' : S D-~ .. ~ !e_.a::o.- ~~i .. 3 g ....."'U> ~~~ 0.'" erG' moCl) ~~~ ~ .. Q . ~ 0 n 0 .. . . ! 0 , r~ ~'" NN iiii ~~ . . ~ , i !! .0 . . ~.. ,. . . ('~,..~ '^ A .1 I I ~ I I I I I I I cerflfy the II(ltes recorded on this a_ostrad correctly summarize ~ ~ ~.,Q~.~TYCl!:"'K/J. OATt.OFAlISTRACT -/./. 7rH/ / Ih9-ro tally of II(l!eS cast at the election indicated ~.1.t.-l'l.YL ABSTRACT OF VOTES AT GENERAL AND "- / SPECIAL ELECTIONS ABSTRACT OF ,VOTES AT PRIMARY ELECTIONS Se~i1le sheets for Oemol:nItic. Repubhcan, Nonpar'\Jun and olhef cand"'at"" 1~~~loIgovemormUSl tieOf'! sepafilte PilgeOf pag8s (ORS SeparateStleelSforcandida.teslOfcily.COUI1ly(lndllolOgprecincl:jandS18leoffice! Parks & Reo Comm., Pos. 4, Ci Iv of Ashland write-ins Office or Measure _ -;: ~ ~ Z ~ : C Parks & Rec Comm., Pas. 4, City of Ashland County ~ .~II~ :E -: ~ \ Ii Jackson EllK:tion . November 2, 2010 Pa~~of~~ __________ Ballot Number Nameo'No.ofP~ 2 4 7 10 13 ~J~ . C ~ ~ ~ ~ ,:. -< -;i<: -.<- .~ .~ ~ . :i ~ ~ -3 I I } i.. .::: ~..n ~ 1 -; :1 =€ ~N "1 ~ ~ z ~. i z: : ~ ~ ~~ ;~;: .--= j -';j ~~ i _~ __~n-~ .J ~ ~ <m ~8 mz '" '- I I '" . < ~ ~ fl' ~ ~ :?::: ::,g if /3::>!! ~-.. " ,......"" ~oz .z-i g. ~ !. ; . . - ~ : s 0-3 ~'~ ~. n'ji ~ Ii ~ g ..... ~!J' ~~!= .0", 0: Ii tn e.O~ oii!l~ ~ /Ii 5 ~ . , . ~ . n o , ~ ii . ~ g I:: iUS <is "'''' . . ~ ; . - : 0 , , " < : 1'. _ 1.,- 0 +- ,d I I I Z- 1. I I I I SIGNA? E ':r CQUNTV ClERI<, ~0L I cefflty the lIotes recorded on this abslrad correctly summarize the 1/'" s<:: /I .// / / tally of votes cast at the eledion indicated. ~,I L __" ABSTRACT OF VOTES AT GENERAL AND ABSTRA~6T;;tAT pDIU~ ELECTIONS SPECiAl ELECTIONS I OATEOF~TAACT /1-/'1-10 Sepa,atfl &heelS for DemocratIC, Republican, Nonpartisan imd Dlher can<lid.3\es 1~~e:..C;:S11or governor must be on separ.ltfl paoe or~. (ORS Separale sheets for candidates rOt C1Iy,l;OUIIty (Induding precinCl) and stale offices Parks & Rae Comm., Pas. 4, City of Ashland write-ins ~ c ~.~ '.<l ~ =;] ~ ~ ~h ~ ~ ~ cZ 1':'1~ ~ ~ ~ ~ ~ ~ ..: ~I:i ~ .~ - -:: ?- Z z:. ~I~ -i. i. i L i ~ ~ ~ oj ~ ~t- ~ .:--.Z: ...i .~ ~ '" -;: - ,.1171-':' ~ _un%: __tI i __if .~ n~ - z: Office or Me..ure Parks & Rec Comm., POS. 4, City of Ashland county Jackson Election November 2.2010 PageL'of -' pagn ~BallotNUmber Name or No. of Precinct 2 4 7 10 13 '1- 2... I 7- I II'_r~ "I -r,,-\-~ I I 1. I I I I ~// '-j"lY /.kA ' '1. 2- I cerfJty the lIotes recorded on this abstrad correctly summarize the tally of lIotes cast at the eledion indicated. SIGNATU OUNT'\" - .- '>. .J) -.. .,J i. .-:: oJ Z. ;;L: S ~~ .- I CATE OF ~STRACT ;1.19-10 ABSTRA~ &F'Vor~~RY ELECTIONS Separate sheets 101 Oemocratic. Reputllican. Nonpatti&llllandothercan(hdate!.. 1~~~torgoyemormU$lbeonsepa"lIe~orpageS(ORS ~ate~lOIc;r.ndidateslotcil't',county(indudl/1gprecinclland'tateoffices ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS ~ m ~ w o o > III lD.... lIl> ........ ij!m no ...." 00 ,,'" <m OCl ....0 mz III ~ . < - ~ 8 ~ g ;,~: iia:::r . . . a::)~ . . . , - . . ~!"'~ irOZ .2"1 g. !.!!t~ . . - . . ~ ' . o' ~~~. n~ a .. ~ o , :--l~~ ~5!l~ O.~ tni- i:oW ~3!ii: ~h . ~ o n o , w " . i . o , i:: Ii&; ..li ;:>&' . , - . . - = . , . . .. . . I' Parks & Reo Comm., Pos. 4, City of Ashland write-ins V '. ~ ~ .~ !i~~~ $; ~ ,~ ';; ;{ ~__j A Office or Measur. Parks & Rec Comm.. POS. 4, City of Ashland County Jackson Election November 2, 2010 P..~of _~ ~BallotNUmber Name or No. of Precinct I I I I .1 :L- I S'GNA7Y""'1COUNT'I'ClE..K "'//, I cerfrty the lIotes recorded on this abslraet correctly summarize the L -L':'_:"--- / iLf...... tally of votes cast at lhe election indicated. ~ " ABSTRA2ro"(~;~E~ tp~IMARV ~{ECTIONS 2 4 7 10 13 I'_r A I \ I I i ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS c " ~ ~ ~ ~ q~ ~ c ~ :',.- '>- < (-i. :: J.~ ...<. ~ ~ -:f.. ~ 2. ~ "- cL .;;: ~ ~ J~ ~ ~ ~ ? ~- ;:-_r:~ ~ dj___~ i 2.. I DAlE OF ABSTRACT ~ m ~ ~ o o > men en.... ....> ~n1 no ...... 00 .." <m 0" ....0 mz en &' < -11 ~..,g -bii: ii is: ~ ag~ . - . a Q ......!'> DDZ . . " O!~ g- --" : t: ~- . " 0- ~i ~- Q. (II 3 .. ~ o , :"!Jl!-" ~~c e _. ~- ~ ~ . ~ _0. ~~~ ~ . - . " , o n g ~ . . ~ o , i~m ~~ ija; ~; ~~ . . ~ , . . . 0 . - ~ ... ~ . /1-17-1 () Separate sheeIs lOt DemocrabC. Rt'PUbhean. NonpartJ$.atl and olI>er candid.atn Voce. call for governor musI be on Nlparale plIge 01 ~ tORS Separate SI1eeIS lor candida~ tor ory, (XlUnly (including precind) anr;I state olfloes b",,,, Parks & Reo Comm., Pas. 4, Ci Iv of Ashland write-ins ~ " -n ~ ~ ""/-~ ~ 0::<':' v J.. ~12 .<....,; :z ~ -or-- ~ :Z ~ ~j J--;~ .' ,. :. ',: ~ ~ ::2: .. Cl:e.- u..: ~._f OffIce Of Measure Parks & Rec Comm" . Pos. 4, Citv of Ashland County Jackson Election November 2, 2010 Page':.' of ~pSges ~llotNUmber Name or No, of Precinct ~ ,~ .~ :: :2 -z. .~ ~ ~ / ~ i ~ ~1-- {:. 1 z 2 c: ~ _ .0.;: '-j ~t-- ~ <\l ..l.;< ---1 "-l. " +-- . .. ..-.. 2 I I I 4 I i 7 , :J. ?- I I 10 13 I ('..,.,.,,~,.( 1'1.....1 I I 1L I cerfJty the lIotes recorded on lhis abStract correctly summarize the tally of votes cast at the eledion indicated. '> :L I 2. I Sl/~[FC._. ~A/ ~. "/4/#// ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS :>",-,. ASSl , PRIMARY ELECTIONS I ""'TEOF ABSTRACT Separate 5heetI for Demoastic. Republican. Nonpartisan and OU'Ier candidates !;::~11a governor mulJ be on s.eparate page Of pages (ORS 5eparate $heelS for cand~t1t5 tor City, county (il'ldudlng precind) and Stlte otfIces ~ c <:> <..) <:: ~ .C ,~ , -~ "", '".... "',. ........ ~m no ....." 00 .,,'" <m 0" ....0 mz '" o . < - 1: &" ~ ~ -bi!~ ii5;::S B:g!l ~ -.. " ~!-'!'-' ~li'~ .8.s g, !!!.!!!.... o' - . . S o'~ ~i = " 0 a . 1i " g ......~~ ~!!?C QO", i'ni' ~o~ ~~e ~ ... Q . ~ Q i;> , ~ ~ . ~ o " o , i:: iiiQj ii "'''' o 0 ~ , . . . 0 ~ " . ;- : I I/-d-I () Parks & Rae Comm.. Pos. 4, Ci 'N of Ashland write~ins Office or Measure .:~c< j\. ~'i: S;; .2 5i ~ " ~~ ~ sl~C -=- S E -:;;,,~ 41 6 0 0 ~ C '" '( 6- ~ j!!l '~ .~ 1; jt--J ~ ~r1 H~ P..~f:",s-... (i _=:-J J-J .:-,(_-<::l: . C _~ ___t.P ~ ~ ~BallotNumber 0 Cl Name or No. of Precinct m ~ ~ m ~ Parks & Rec Comm., POS. 4, City of Ashland county ~ o o Jackson Election November 2.2010 2 4 7 10 13 I J.. 1 1 I ~ . < -11 ~. ~ ~ -oJ:.. .~il ~a!->'" i'i'~ a,g. !!!!.~ . . - ~ : ~ 9;:3 !!Il>a ~~ :: .. ~ o , ;-l!'>?, ~~!= ~.~ {rei' "~w ~..I . ~ "' , g . . i ~ , i~~ ~~ .. ii"i" ~~ . . ~ , ; !! ~ 0 ;;;1 , . . (~("O-.n-l To -\-0..1 I i I I l:l 1 I I I I cerfity the votes recorded on this aostrad corredly summarize the S'7~E:J COUN"':/,C1ERO 1..( I ~ O"'TE OF -'llSTAACT tally of votes cast at t/'le eleclion indicated ,/ ~~I/f" f/!J /1-;7-/0 ABSTRACT OF VOTES AT GENERAL AND ABSTRA ~--~~~ AT .......:' Y ELECTIONS SPECIAL ELECTIONS ,,,;r ~ Separate sheets !Of Democrabc, Reput)l~n. Nonpartisan 8M Olhef camlMillle$ ~~:,,~!Of governor must be on separate page Of ~s (ORS Separate sheets !Of candidates foJ CJty. c:ounty{indudlng pl"ecinct) 8nd SliIteoffices Parks & Rae Comm., Pas. 4. City of Ashland write-ins Office or Measure Parks & Rec Comm.. Pos. 4, City of Ashland County ~ 0 --\-._ ~ ~ ~\ ~Q) ~~= ~ ' '< -= \: ~ .~ ~ ~ ;~ ~ ~ ~~ ~ ~ ~ j J-~~ '--., --; - ~ ~ . ~ ,< ~ .~ C \,-!-- ~ ~ ';.~ E tt 3 ~ -S ~ ~ "i~~ P....~of2'~... mr:. ::::c ~ ~ ~. ~f- ~ ij/ rY ~ i . _____ Ballot Number ~ 8 Name or No. of Precinct g: Z '" m ~ l'l o Jackson Ejection November 2. 2010 2 4 7 10 13 ~ I .3 2 i '" 1l <-0 ~'.., ~ ~:~ ~~~ . - . ::a !i .<.o>!" ii'02 21 g. !!. !! , . . - ':' : S 0.3 !: &'~. fi'~ :: . 1/ , o , :--l~!Z' ::!:::?~ 00", 0' ii . ~o~ o31ii 3 III 5 ~ . - . ~ o " o , ~ ~ i , iW~ ~~ iiii ~'" . . ~ , - 0 . - ~ . , . ;r < ~ 1'- j To +-" I I I 2. , I J- '- I ?, I '/~Z' q;;:;;;~____ o.o.TEOf'ABSTRACT I cerfity the lIoles recorded on lrlls al)strac! correctly summarize the _ _L/ I / / r/J tally 01 lIotes cast at the election indicated VI..../7- /0 ABSTRACT OF VOTES AT GENERAL AND ABSTAACfu VOT / -) ElECTIONS SPECIAL ELECTIONS I Separate sheel$ lof Democratic. Repullliean. Nonparti$an and other candoOaln 1;~~11ot govemot must be on separate page Of pages (ORS Sepcnte sheets /tlr CIIndidates lor City, (;(U\ty (Including precinct) aM slate ol'lices Oflice or Measure Parks & Reo Comm., Pos. 4, Ci y of Ashland write-ins ~ 11 ~ -t ~ i ~ .~r~~ ~ ~ ~ -1 ~I ~ D:: cC rX D:: J 5+ ~ ~ ~ - r~ -; -< 1 POL os <i \-.: _ ~ t:: ~ _____ Ballot Number Nam. crNo, of p~ Jackson ~ -4 ~ ~ j .~ cl ~ J:. ~t--~ ~ . ~ -:3 ~ E -::.l ~::t .i ~~ ~ \ Q i. z ~ ~~ _-:Jf--_ f-- _. < m ~g mz rn Parks & Rec Comm., Pas. 4, Citv of Ashland County Election November 2,2010 2 4 7 10 13 ?- I I? I '" :L <~~ S' ~ ~ ~i: !;- ~. = Q'- ~-.. .- :'"~!"l frfrf .g,zs !.!.i: ::: ~- . . o- le l;~_ ::!-.alll !lGllll .. ~ o , :--l~?' E!:?~ Q.", n: 1i" en !!.o" o:!l~ ~~o 8 . - . ~ Q o g c . . i . o , I"'"' "'"' iiiiii 00 "'"' . . " ' . ~ .0 g ;;0 ~ <' ~ I I I '1 I I "G"'t"~GOUNN"'" _~ . I cerfrty lhe voles recorded on Ihis abslrad correctly summarize the./ ~ /l II tally of voles cast al the election indicate(!. /.. /" ABSTR~- -~-;~ ';;;;;;RvE'~ECTIONS .1 I ., I II OATE OF ABSTRACT /1-/1ID ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS Sepala'l!stleetsfor DernoailllC, R&pubhcan, NOIlpartJsanandolherta'l'ldi~ates V~ cas, 101 govemor musllle on separate page or I)lIgeS (ORS Separall! sneets tor candj~i1tll's lor city. cou/lty (induCling preonal and Ilate ollices Parks & Reo Comm., Pos. 4, Ci v of Ashland write-ins Offiee(M'Musure ~ ~ ~ ) ( m Parks & Rec Comm., ::!;; -l h ~ ~ ~ ~ --~ Pos, 4, City of Ashland .~ .;; 8 County ~I ~ -..S ~ ~ ~ J J 1 , ::t .J: j ~ -= ~ Jackson ~I...i J .} J J ~I.?i 1 .; -~ >en Election .J ID.... . ;: ~ "<fI en> j ~~ .<: ........ November 2, 2010 ~ .;. '] $!m ~ 1 .,;: '5 no '" L:J -i j 0:; ...." :2 cC .~ 00 Pagr:;;, !of"'ges -! .;:r -~ q "" .u__... _.--- --.--.-.. .--. ---- - <m ~ber 0<> ....0 Name or No. of Precinct mz T en 2 I I /DI- l 4 t:i J- 7 41 I I 10 1 " e;q I ~ 13 :l- . ~ <-. ~~i , i ~ .... ~,~ 3 ~'- . -. " .- "......,... ooz . . . . .z,gg . . . - - . . . - ~ : ~ 0- ~ii lO ~ 0 . ;->Im~ l:!:2!= ~.~ o'ii . i:o~ o3li 3fi:s S . - .. [ " 0 . ~ " ~ ~ ~ 0 . r~ ~~ iiiii <Di" ,,~ . . ~ . - . . - . 0 g ~ ;[ , . . 7 T,,~ I , I '1 ~I 1'2", 'J I 4. "" " CO"~C"'~ DATE OF .o.eS1RACl . cert", the ,,'e, ,eeo,4ed "" thO .""oad ",.ed', "mm,,'e the ~ . I/-J'l-I () tally 01 votes castalthe etedJOll indicated. . //l' .. ABSTRACT OF VOTES AT GENERAL AND ABST~ OF V PRIMARY ELECTIONS SPECIAL ELECTIONS VU I ~ Separate &helm lor OI!>mocriltic, RepubllClln. NonpartlMn and clher earOdale1.. ~~~e~ .~I rOf governor must be on sepa1311l page Of pages (ORS Separatelheea.lorcarKIidateslofcity,county(iodudinIlPfednc::t)i1nc1stilteoffices. Parks & Rec Comm., Pos. 4, Ci " of Ashland write-ins Office Of Me.sure ';: ~ ~ ~ ':( '3 .~ m Parks & Rec Comm., J ) ~ ~ ;. ~ Pas, 4, Cit\J of AShland .1 -1 0 c 0 county .:;j : 1;;: j ~ ..j .~ ~I~ ~ . 0 Jackson 1 ;j ;j - ~ ~ ~ h ~ ;r 'E' C ;j >en Election ~ .~ oJ' ,J g:.. .~ \~ .:.s ~ -' ~~ November 2, 2010 ~ ~ ~ Is: j 0 '~ ~ - :.s. no > ..; .; J <Jl ..... P~ges -p 7" . ~.. Ji Ei: 00 ..." .--.-- <m ~mber 0" ..0 Name or No, of Precinct mz en 2 i , I :J.. i 4 I I 7 ( I 10 i ~ 13 . <: - i: g~~ -0::.. ~. if ~ 0'_ . -. a . .~~ aaz . . . Jl.!g !!!.!!!.~ . . - . . 0 o!!!.~ ~.:; ~, ~~ :; . ~ 3 0 , .--.J~?, ~~c o.~ o'ii e:o~ ~,p _ 8 ~ 8 . - . . ~ " 0 , ~ ii . 1i il 0 , , r= ~~ ii>iii iiii ,,~ . . ~ , ;; !!!. : 0 gO) ,. ~ 7'!;'rA _" ,-;::-;:::: I I I I I I I I ;.. I I ~-"-~ilf~ o.-.lEOF ABSTRACT I cerfity the votes recorded on this abstrad corredly summarize the ' ffj./{) tally 01 votes cast at the eledion indicated. "7/. -'l. : _ '7' "';:'... -= ABSTRACT OF VOTES AT GENERAL AND ABSTRAtT OF RY ELECTIONS SPECIAL ELECTIONS Separate s~ts for Democratic:. Republican, Nonpartisan and other candidates VOl" cast for governor musl be on ~rale page Of pages (ORS SeparalesheelStorcandldalnforoly.C:OUrdy(ll'IdudingPfecinc:t)and'tate~ Parks & Ree Camm., Pas, 4, Ci tv of Ashland write-ins Office or Measure Parks & Rec Comm., Pas. 4, Citv of Ashland county ~.-Si~ '- ~J. _1 ~ ~ 3 .1 .~ L '" ~ ~ "~ ~ -" ~ <:, < r ... " ~ ..,,~ .;_.~ .r; :i :i _;3___~Ll:) Jackson E'octlon November 2, 2010 P..~of~~... _______ Ballot Number Name or No. ofP~ 2 4 7 10 13 7 2. :l- I i- 'I &r,...A "OA+-n I ;L J '1 I _IQ :1.1 SIG~' E 01 COUNTY ClU~K I celflty the lIotes recorded on this abstract correctly summarize the /' _ / / tally of votes cast atlhe eled:lOn IlldlCated. ~ ABSTRACT OF VOTES AT GENERAL AND ABSTRA~ u - .OTES ~ PRI SPECIAL ELECTIONS \f.;ref---l/( ~~/,,' .[ '" , , ~ '- ~ ~ J:C f ~ ;:: J) J; ,,~ ce. 1::L ~ JI I: '" ,: ~ ~ .z ..!:::: u-= _..._ 'b ?- 7 "I ~ m " ~ o o "en lD.... en,. ........ ~m no ....." 00 ."" <m 0" ....0 mz en ~ . <: ~ il ~- ~ ~ "'tI a .. g. lni ~'- ~-.. " ."<0>'" ooz . . . t.!o !!.!!!.~ . . .. . . 0 o!!!.~ ~l := !i. " g . ~ " g ~~~ ~~~ ~.~ n. it ~og' o::!;~ ~Sg . ~ ~ n g o ; ~ . " g i~~ ~~ iiii Ii;; ,,~ . . ~ , ;;!!. . 0 g .. ~ < . . QAlrOFABSTRACT -, I I /I II //. , W/7/Ll ). ECTlONS Separate ~ for Demoaatic. Republican, Nonpartisan and 0\he1 cand,aate, 1~~t;:.C;:'1 fOf governor mU$lbe on separate page or pages (ORS Separalllheels fOfcandidate$ Iorcitv. c.aunty(including pl"ecWlc1) and state otflc:es I Parks & Rec Comm., Pos, 4, Citv of Ashland County Parks & Rec Camm., Pas. 4, Ci hi of Ashland write-ins " \::1 ; ~ ~ ~ >. ~ ~J1" >. '" ~r~~ ~ j 3: ~ - ~ j ~~ ~ ~ ~I~ ;7 - I ~ - ~ , ,- ~ ~ ;:=: ,,1.. ~ ~ C ~ \: i~J I I I l- ~~ .~ Lk ~ ~ j J j ;c};l ~8 mz .. .J\ ~ m '" 8 OffIce or Measure Jackson Election November 2,2010 pac:/' ~pages _____ Ballot Humber HameorNo.OfP~ 2 4 7 10 '3 P-- I I I ~ . < -~ ~. ~ ~ .Ie ii ~ :: c:;r a. g !i . - . , - - . ."'<.o>!" ii'ii'~ ~~g. - - . . . - . . R o~3 !a:;;~ ii'h .. ~ g ..... ~ ~ L~" aQiCn 2: ij '" Q~~ fiI.. ~ :: ~ Q n o , ~ ii ~ g i"'''' ~~ ~~ ijij il'1l' ~ , . ~ p ;; < : 7!._:-:J -, I I I I 1- I I I I ~E~COUNTYjlERK .....7 ~ I c:erflty the lIotes recorded on lhis abstract correctly summarize the _ ..~ / I . / tallyofllotescastatlheelectionindll:ated. /~ _"/... ABSTRACT OF VOTES AT GENERAL AND ABSTRAG ~~A:r.PR1MARY ELECTIONS SPECIAL ELECTIONS o.ryo I OATEOF"BSTRACT //-;CJ-/o Separate sheets fat Democratic, Repub~can. Nonparti$e.n and other calIdidates ~~~ .c:.S1 fat governor must be on separale page or pages (ORS SePi'rate &IleelS lor c:atldidale. for city, COunty (r.cluOing pseCInct) and .tate offices Parks & Rec Comm., Pas. 4, Ci y of Ashland write-ins .;~" r ~ \ .o<:~5 ::::~ -+: ~ ,~ ~ ~ r" -," =l -+ "~t ~ ~ .1 ~IJ?:: ~ ---1 !' il j -= -~ ~ ~ ~ ~ ~ ~ ~ ~ "~...:,( c J1 <: ;; ~ '-".. c: J ~ '2 ~ ~ ci- ~ ~-j u __ __". _... _ 'u_ _.___ _____ Ballot Number NameorNo.ofPntc:~ Office or MeilSure Parks & Rec Comm., Pas, 4, City of Ashland County Jackson Election November 2,2010 Pag'=.70f .;>'pages 2 4 7 '0 13 I'_r^^"i .,-,,-\-^ I I I I ;L 9. 2 I 2 ;:1... I I "0 "';::'I~) ABST":c; o?'VoT., A I eKIMARY ELECTIONS I I I ceffity the votes recorded on this abstract correctly summarIZe the tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS I I ~ Votes casllof governor must be otllepafale page Of pages (QRS separate $heets for DemocrallC. Repubhcan, Nonpartisan and 0Ihef canclIillate$ $eparate$heel$lorcanch4atesforcily,county(includ,ng prec;nctjal1llstaleoflices. '" m ~ ~ ,. Ill'" "';;! ..,.., ;:lm 00 ..,.. 00 ..'" <m 0" ..,0 mz '" ~ '" jl <-. il ~!i ~: : nla;::J" lO,,,":= ~a.G" a Q :""~!'J i'i'i a.s 5' !!.!!; . . - ':" : S 0-3 i;;':;; 2. Bil . ~ . o , :-"~~ ~S:?c 0.'" gOfr o~ii: ~~g . ~ o n o , o ij 1i . o , I:: ;;0; iiii ~'" . . " ' . ~ ~ 0 , . . ;; . . DATE OF A8STRACT [//>940 Parks & Rec Comm., Pos, 4, City of Ashland write-ins = ~~- -1:: ~ ..; ~ ~- ~ \. ~' --;:;;:'...; :<'1 --.S -f ~ '~J -,':= ~ ~ -;; .J _~ ~ -> ~ :oL --;; ~~ '-0: <:> <::--., -....:;-"" ~ ..: ~ - s; 1 -> ~ ;::0 43 .~ ""j';: J - " '\i -":....s f: ~ ~ 0 1 .J .<J j r1. ;2: Y- ---- .- ,..... ,0 -- --- -. Office or MeaSUAI Parks & Rec Comm., Pos. 4, Citv of Ashland County Jackson Election November 2,2010 P.~Of~~g" _____ Ballot Number NameO'No.otP~ 2 4 7 10 13 3 4 z. I 'i I z.- I '- r';""'hMI .1 I ~ I ~ , I q I SIG~EOFCOUNT'l' LRI( '"ljh; I cerflly the votes recorded on this abstract correctly summariZe the tally 01 votes cast at the election indicated. /,/ ~/#'~/A--... ABSTRACT OF VOTES AT GENERAL AND ABST~T'o. .v.:; M' PRIMARY ELECTIONS SPECIAL ELECTIONS ' I .' ~ ~ m ~ 8 o ".. CD.... .." ........ ~m no ...." 00 ,,'" <m 0'" ....0 mz .. ~ . < -,"-g S~!i -b ~ : iiia:::r a:~1! . - . , - - . ~~!'J ooz . . " ~{g --" . . - ~ : ~ ~~~ ~.g 3 ~ ! o , ~!"!-I' ~~c g,i>>i;" trii. - ~ H~ B" ; , Q n o , ~ " . i . g i~~ ~~ Ail>> iiGi ~~ . . ~ , ;; ~ .0 . - ~ .. < . . II/lJ>O OATEOFABSTRACl VOle$ <:a$1 tor govemOf n'II.ISl be on separale page Of pages (ORS SePilr3le sheets tor Dernocrabc, Republican, Nonparti$an ano otIler can0i03\e1. separate sheets tor CiIrldldalnlcf dty, counly (includinll precincl) and 5tate office! Parks & Rec Comm., Pos. 4. Ci :v of Ashland write-ins ~ ~ ~ ~ < -:. -.1 c _ \: ~ ,~ '~I' ~ ~ ;S 4: ~Ij i Ii ~ " -;'-, ~ ~ u l_~u~_~ Office or Measute Parks & Rec Comm., Pos. 4, City of Ashland county Jackson Ejection November 2, 2010 I...... 01"'.._ ~BaIlOlNUmbe' Name 01" No. of P'ecinct 2 4 7 10 13 ~ '- '- ~ ~'J: ~ o -- -i ,Sf- -.,; ~ -,' ' ;S < -< ~ :2 ==" "~i:3..s5 . ~r ~ ',~ ~ ~ ' ~ .~~ ::{ _ ~ _J~.r I ;;.. i ~ m ~ w o o ,. 1O'" "'iI ........ ~m 00 ....... 00 ...'" <m 0" ....0 mz '" I ~ . < ~-g ~'~ ~ -tJ: .. ~. g: ~ 0'. . - . , - - Q "~!'l ii'ii'~ .!",[5 !a!!a; . . . . . B o'~ ~~~ n~ :: . j " g ;-"O'IUl ~~!= O'~ [~g, ~31i: - g 6" 2 . - . ~ o " o oil il j g iW~ ~~ DiP; iiiii ~~ . . ~ ; . - . 0 . - ~.. < : .A " I I I I ~ I I I I , 1~~~ ~"o.~,~, I certity lhe VOles recorded on this abstract correctly summarize the ~ tally of votes cast al the election indicated. // -/;2/ cJ ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF --AT PRI....-J' ElEcr;ONS SPECIAL ELECTIONS ~l Separate $heet$ tor Democrallc. Republieen, Nonpartisan and othef cand;Q8rn Votes ~t lor gO'lemor must be on !lep3fale page I)( paoes (ORS Separate SlM!ets lor cal'lCl,date-s lor city, oounly (induaing precird.j and stille oITicel Office or Measure Parks & Rec Comm., Pos. 4, Ci v of Ashland write-ins ~ I I I 2 SIGNA).IM'E<j:COUNT'!'ClERK~ I cerflty the votes recorded on this abstract correctly summarIZe the /' '5i ....... tally of votes casl at the election indicated. I' ~/ h, 7 ABSTRAC"(O?vO - / - ) ELECTIONS Parks & Rec Comm., Pos. 4. ellv of Ashland County Jackson Election November 2, 2010 Page of pages _____ Ballot Number Nam.orNo.otP~ 2 4 7 10 13 ~",,~+-~I ':::;' ~-j. ~ "* t <5<;:1 01' ::+:..:; ~ S '-':: ...... . , ~ ~I.:..c 5- ""< ;> '" ( ~J:3 = ~i~ ..n j ~ -~ J :i i; -}. .....s <::u....f ~33 C j < ....;;: c.f- ,~I--'::: ;; ~ -; :- cX~\~~~dcl~d ...-- --- ___.J -- 1----'__ ------- .--- ?. 1 I 1.. 2- I 2. r I 'I ABSTRACT OF VOTES AT GENERAL AND SPECIAL ELECTIONS Separil\e sheets tor Democratic. Republican, NonpartisanarldOlrlercanoidates l~?:e: .~11or governor must be on ~riI1e pagll 01 pages (ORS $eparilte ~lS lor candidates for cdy. county (induOing precinct) and state offices o m ~ ~ o o )>'" lD... "')> ...... ~m no ..." 00 ,,'" <m 0'" ...0 mz '" o . <~-g ~':!J ~ .:a~.. ala::J" 5: ~ ~ ~ -... " Q :"'f-'!'> 002 . . 0 if I . . 0 o~~ ie- r;;~, ~~ :I ... ~ g ~OI'" ::!!'!= Q00 g: S '" !!.Oll o::.l!jil ~So ~ .. ~ Q " g c j . . o , i~~ 00 ij;Q; SiD ~0 . . ~ , ;; !! . 0 . - ~ .. < . . o,o.TEOFAElSTRACT ,J/19./U NlJItJERED KEY CNNASS GENERAL ELECTION NOVEtoeER 2. 2010 JACX.SON COONTY. OREGON RUN DATE:ll/19/10 01:19 PH VOTES PERCENT Parks and Recreation COIIIIIissioner. Pos.S ASHLAND CITY Vote For 1 01 . Hike Gardiner 02 . Rick Landt 00022 Ashland 0004 4 Ashland 0007 7 Ashland 001010 SOO 0013 13 Ashland 2.836 43,09 3,706 56.31 03. WRITE-IN 01 02 03 ............ 71' 1095 15 696 94' 7 ;SO 031 B 41 " 2 799 B02 7 REPOR1,HS2 PAGE 0026 VOTES PERCENT 39 .59 I certify the votes recorded 0 the election indicated. summarize the tally of votes cast at 1!/lIO date CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dep!.: Approval: Liquor License Application December 7, 2010 Primary Staff Contact: City Recorder E-Mail: 'None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christeb@ashland.or.us None Consent Question: Does the Council wish to approve a Liquor License Application from Daniel Flattley dba Coquina at 542 A 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 liquor 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 Modification of Existin~ Jefferson Ave Loan/Grant Contracts Meeting Date: December 7,2010 Primary Staff Contact: Adam Hanks Department: Administration E-Mail: adam@ashland.or.us Secondary Dept.: Administrative S Ices Secondary Contact: Martha Bennett Approval: Martha Benne Estimated Time: Consent Question: Will the Council approve a request to Business Oregon (formally Oregon Economic & Community Development Department) to modify the existing Jefferson A venue road and bridge construction loan and grant contract documents to reflect the reduction of project cost and revised construction completion and repayment schedules? Staff Recommendation: Staff recommends Council direct Staff to formally request a modification to the existing contract agreements for the Jefferson A venue road and bridge construction loan and grant amending the total dollar amount and related construction and repayment schedules. Background: In February of 2007, The City of Ashland was the recipient of a combination loan and grant from Business Oregon to fund the construction of the extension and coimection of Jefferson Avenue to provide access and utility services to a proposed Brammo Motorsports (now Brammo Inc.) production facility, After several amendments to the initial loan and grant award, the construction bid for the project was approved on September 7, 20 I 0 and work began immediately. The project is scheduled to be completed by June 1,2011. Both the loan and grant, detailed in contract No B06003 (available for review in the City Administration office), were awarded to the City based upon job retention and creation commitments by Brammo Inc. The City entered into contract with Brammo Inc for loan repayment as well as created contract provisions in the event that the grant portion required repayment if Brammo was unable to meet the job creation commitment within the specified timeframe. Areas of Modification I) The construction project took longer than anticipated to get underway, which created the need to modify the original contract to update the project completion schedule and related target dates for job creation and loan repayment, including: . Loan repayment begins within six months of construction start date . Job retention/creation required to be shown within two years of construction completion date Page 1 of2 ~~, CITY OF ASHLAND 2) A benefit of the construction delay was a reduction in the overall project cost from the original total cost estimate of $900,000 to approximately $700,000, Brammo Inc has requested that the grant portion of the project funding remain at $400,000 and the full benefit of the project bid reduction be applied to the loan amount of $500,000. It is anticipated that Business Oregon will apply the project cost savings using the existing loan/grant ratio, but that is a decision of Business Oregon, Once that determination is made, final contract documents will be prepared for signature and recording, All other elements of the agreements between the City of Ashland, Business Oregon and Brammo Inc will remain unchanged, Related City Policies: Ashland Comprehensive Plan VII-4 b Utilization of available grants and loans to finance the extension of public facilities to lands zoned or planned for commercial or industrial use Council Options: I) Approve by consent to request by Brammo Inc to apply to Business Oregon to modifY the loan and grant contracts 2) Move the modification request off of the consent agenda to allow for additional information and/or questions of staff prior to making a decision Potential Motions: N/A - Consent Attachments: , Letter of request - Brammo Inc Council Communication - Sept 7, 20 I 0 Page 2 of2 ~~, ~ iENERTlA November 9, 2010 Martha Bennett, City Administrator 20 East Main St Ashland, OR 97520 Re: Jefferson Street Project Dear Ms. Bennett: I am writing to request several modifications to the Jefferson Street project agreements: 1. Reduce the overall project cost from $900,000 to $700,000 based upon the fact that bids for construction have come in substantially lower than originally estimated. 2, Change the initial loan repayment date to March 1,2011 - which is approximately six months after the project start date and is consistent with the intent of the original agreement. 3, Cancel and re-issue the $500,000 October 2008 promissory note correcting the initial loan repayment date (above) and changing the amount from $500,000 to $300,000 assuming the OECDD agrees to maintain the original grant level as requested below, 4, We would like to have the city attach the promissory note to all three of the parcels. In addition we would like to request that the Oregon Economic and Community Development Department (OECDD) agree to maintain the original grant level of $400,000 and further agree that grant funds will be disbursed on the development project prior to loan funds. As an emerging clean-tech company, Brammo has limited resources with which to pursue expansion and job creation in Southern Oregon. The grant is an essential element of our planned development and it will be extremely difficult or impossible for the Company to complete the proposed development without the benefit of the full value of the original grant. Sincerely, ~.._-._- .cmigJl.ramscher' CEO Brammo, Inc. ElHAMMO,COM +1 ~)I~ 1 ;.IJ2 95~;5 T 11 ~)41 ~)~i?: 041~ f' ~)5() Clover Lime A~h(iH\d, Oreyon <},!~j?O USA I CITY OF ASHLAND CQuncil Communication Approval of Contract to Construct the Jefferson A venue Improvement Project Meeting Date: Department: Secondary Dept.: Approval: September 7, 2010 Public Works Finance Martha Bennett Primary StalT Contact: E-Mail: Secondary Contact: Estimated Time: James Olson 552-2412 olson j(wash land,ol'.us Karl Johnson Consent Agenda Question: Will the Council acting as the Local Contract Review Board (LCRB), approve the award of a contract to Taylor Site Development Inc, in the amount of $516,519,00 to construct the Jefferson Avenue Improvement (Brammo) Project No, 2005-10? Staff Recommendation: Staff recommends that the LCRB approve the award of a contract to Taylor Site Development Inc, as apparent low bidder in the amount of in the amount of $516,519.00 to construct the Jefferson A venue Improvement Project No, 2002-10, This project is also known as the Brammo project. Background: On September 2, 20 I 0 at 2:00pm, Public Works StalT opened and read five bids received for the Jefferson A venue Improvement Project. The low bid of$516,519,OO was submitted by Taylor Site Development Inc, All responsive bids were submitted in accordance with the advertised requirements and were complete with bid bonds and sub-contractor report forms, The low bid appears to be reasonable and responsible and there is no legal reason for rejection of the bid, The project is adequately funded and all permits and approvals are now in place to allow an award of contract. Bid Results Following a review by City legal staff of all public works contracts and bidding requirements, the Jefferson A venue Improvement project was advertised for bids on August 18, 20 I 0, A pre-bid conference was held on August 25, 2010 with over 20 persons in attendance representing I I contractors. A total of ] 6 plans and bid documents were distributed to potential bidders, On Sept 2, 2010 at 2:00 pm five bids were received, opened and read aloud in accordance with the bid advertisement. The low bid of$516,519.00 was submitted by Taylor Site Development Inc, and was $118,164 under the engineer's estimate of$634,683,OO Proiect Funding On February 7, 2007 special public works funding in the amount of $900,000 was authorized through the Oregon Economic and Community Development Department (OECDD) to construct the extension of Jefferson A venue providing services and access to the proposed Brammo Motorsport facility, The fund is a $500,000 loan and a $400,000 grant and is detailed under Contract No, B06003, Under this agreement the City is listed as the borrower, but economic development is dependent upon the construction of the Brammo Motorsport facility owned by Craig Bramscher. Ms. Fumi Schaadt, Regional Coordinator for the Oregon Infrastructure Finance Authority and acting as the approving authority for OECDD, approved the plans and bid documents on August 6, 20 I 0 and Page I of3 ~.1I IF_ .. CITY OF ASHLAND authorized the bidding of the project. lfthe contract is within the previously stated funding allocation, Ms, Schaadt will not be required to approve the contract. Staff will, however, keep Ms, Schaadt informed of our progress, Proiect Description The project approved under the OCEDD agreement is for the extension of Jefferson A venue, Currently Jefferson Avenue exists as two "dead end" sections of street connecting to Washington Street. Connecting the two existing sections requires a 606 foot long extension which would necessitate crossing Knoll Creek, The proposed crossing will be accomplished by constructing a large multi-plate arch structure with an improved native bottom. The proposed improvements will also include concrete curbs and gutters, sidewalks, an asphalt street surface, water and sewer mains, a storm drain system with filtration treatment and electrical and related dry utilities including street lights, An extensive landscaping element is also included as mitigation for wetlands removal (described below), Proiect Schedule A small intermittent creek, locally known as Knoll Creek bisects the Brammo property in a north/south direction, The creek only flows during times of heavy rain or with irrigation overflows, The intermittent flow has created a wetland area which will be impacted by the construction and must be mitigated, The removal of wetland grown and any other work within the stream corridor must be completed in accordance with DSL Permit No, 43449-RF, a copy of which is attached, The permit requires that this work be completed within the "in water" work period (June 15 to Sept 15), Due to ongoing changes in the City public contracting laws, Staff was unable to bid this project until mid August, nearly half way through our specified work period, Staff made a request to DSL to extend this "in water" work period, but the results of that request will not be known until after Sept 13. To accommodate this uncertainty, we have adopted a dual project completion date, If the "in water" work extension request is approved the project can be completed by May 3 I, 20 I I, If an extension is not granted or the contractor is unable to complete the "in water" work this fall then the project would not be completed until October 31, 20 I I, Under the latter scenario, additional time would be required to accommodate a fall landscape planting schedule, Development History The history of the Brammo Motorsport Lq:: project is long and includes the following milestones: \, April I I. 2006: The request for annexation, comprehensive plan and zoning map change for the 8.43 acre parcel owned by Craig Bramscher was recommended for approval by the Planning Commission under Planning Action No, 2006-00366, 2. Mav 16. 2006: The request for annexation, comprehensive pian and zoning map changes was approved by the Council. 3, December 12.2006: The Planning Commission approved a modification of the site review for the industrial building under Planning Action No, 2006-02241. 4. February 26. 2007: Financial Assistance Award Contract No, B06003 for interim financing was approved by OECDD, 5, September 10. 2007: Contract No, B06003 was amended to revise the development schedule, 6, April 23. 2008: Planning Action No, 2008-00599 approved a request for a partition of the Bramscher property creating the Jefferson A venue right of way and two lots, 7, December 19.2008: An application was made to DEQ for a 1200C permit under NPDES requirements, Page 2 of3 ~j.' CITY OF ASHLAND 8, Avril 24. 2009: The land partition plat creating the Jefferson Avenue right of way was recorded, 9, October 19.2009: An application was made for a combined DSLlCorp of Engineering permit for work within the riparian way. 10. November 17.2009: Council approved a contract with KAS & Associates, Inc, to complete engineering and provide newly adopted DSL permit requirements, I L ADril 28. 20 10: The Corp of Engineers approved the fill/removal permit. 12. June 16.2010: The Department of State Lands (DSL) approved the fill/removal permit. 13, August 18. 20 I 0: Advertisements for bids were published. 14. SeDt 2. 20 I 0: Bids opened, Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A, 279B and 279C as well as AMC 2,50 and is required to approve contracts in excess of $1 00,000, Council Options: . Council may authorize the award of a contract to the apparent low bidder for the Jefferson Ave. Improvement Project. . Council may reject all bids and authorize staff to re-bid the project. Potential Motions:' . Move to approve an award of contnict to the apparent low bidder for the Jefferson Ave, Improvement Project. . Move to reject all bids and authorize staff to re-bid the project. Attachments: . Bid summary . Low bid proposal . DSL permit Page3of3 ~:., CITY OF ASHLAND Council Communication Approval of Contract to Construct the 2010 Miscellaneous Concrete Project Meeting Date: December 7, 2010 Primary Staff Contact: James Olson 552-2412 Department: Public Works E-Mail: olsoni@ashland.or.us Secondary Dept.: Finance Secondary Contact: Karl Johnson Approval: Martha Benn Estimated Time: Consent Agenda Question: Will the Council acting as the Local Contract Review Board (LCRB), approve the award of a contract to Progressive Builders, Inc. in the amount of$228,461.51 to construct the 2010 Miscellaneous Concrete Project No, 2008- I 7? Staff Recommendation: Staff recommends that the LCRB approve the award of a contract to Progressive Builders, Inc, as apparent low bidder in the amount of $228,461.51 to construct the 2010 Miscellaneous Concrete Project No. 2008-17. Background: Summarv On November 17, 2010 at I :30 pm, Public Works Staff opened and read six bids received for the 2010 Miscellaneous Concrete Project. The low bid of $228,461.51 was submitted by Progressive Builders, Inc, All responsive bids were submitted in accordance with the advertised requirements and were complete with bid bonds and sub-contractor report forms. The low bid appears to be reasonable and responsible and there is no legal reason for rejection of the bid, The project is adequately funded and all permits and approvals are now in place to allow an award of contract. Bid Results Following a review by City legal staff of all public works contracts and bidding requirements, the 2010 Miscellaneous Concrete Project was advertised for bids on October 21,2010, A pre-bid conference was held on November 3,2010 with II persons in attendance representing II contractors. A total of2] plans and bid documents were distributed to potential bidders. On November 17, 2010 at I :30 pm six bids were received, opened and read aloud in accordance with the bid advertisement. The low bid of $228,461,51 was submitted by Progressive Builders, Inc, and was $1,538.49 under the engineer's estimate of$230,000. ' Proiect Description The project will include the installation of the following concrete improvements: . Install three curb extensions in the Downtown Plaza area, . Install new sidewalks along the east-side of I 51 Street between A Street and B Street, . Remove and replace existing curb along both sides of3'd Street between B Street and C Street, . Install new sidewalks along Walker A venue between Siskiyou Boulevard and Oregon Street, Oregon Street between Walker Avenue and Frances Lane and Frances Lane between Oregon Street and Siskiyou Boulevard, Page] of I ~~, CITY OF ASHLAND . Remove and replace 13 sidewalk access ramps on Iowa Street between S, Mountain Avenue and Wightman Street. Prior Council Action On July 20,2010 the Council authorized staff to solicit formal bids for this project. The project is also an approved project under the current capital improvement plan and is fully budgeted. Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A, 279B and 279C as well as AMC 2,50 and is required to approve contracts in excess of $1 00,000, Council Options: . Council may authorize the award of a contract to the apparent low bidder for the 20 10 Miscellaneous Concrete Project. . Council may reject all bids and authorize staff to re-bid the project. Potential Motions: . Move to approve an award of contract to the apparent low bidder for the 20 I 0 Miscellaneous Concrete Project. . Move to reject all bids and authorize staff to re-bid the project. Attachments: . Bid summary ,. 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City of Asbland, Oregon PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQIDRED FOR THE CONSTRUCTION OF THIS PROJEcr FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITII THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER fr..5'--~" 6u.'!ctrr, LO")(, CONTACT -1L11 a......'fu ADDRESS I L"\ is L) J='ka-f ~ CITY ]hw",~v STATE oR ZIP 77{;51 TELEPHONE NO. fJL[( 1{S'{ 71H.. FAXNO.~~5- 1&22- ; EMAIL ADDRESs:it(.tO) p.-oiL.,' ,<<, LoV"1 To the Honorable Mayor and City Council City Hall Clly of Ashland 20 East Main Street Ashland, Oregon 97520 In response to competitive bidding, t.bis PROPOSAL is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing aD permits, labor, tools, machinery. materials, transportation, equipmen,. an? se~yjce!i~f aU kinds relJ~dred for, necessary for, or reasonable incidental 10, the construction of the jC})Q.fM~~~~A~~ (hereinaher "Project") for the City of Ashland, Oregon, as shown In the contract dornments on me at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. I. The undersigned has familiarized themselves with the nature and extent of the Contract Documents, project work, site, locality, general nature of work to be perronned by City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefuJly studying) examinations, invesllgation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furni:sWng of the project work as Contractor deems necessary for the performance and furnishing or the project work at the Contruct PrJce, within the Contract Times, and in accordance with the other terms and conditions or the Contract Documents; and no additional OT supplementary Cilyot;l-iM'.!II:1 100(100 O~'lob('r 21,2(;10 examinalions, inveStigalions, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the CHy shall investigate aDd determine the qualifications 01 the apparent low responsive bidder prior lo awarding the contract. The City shaD reject any bid by a nonquolified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not In compliance with all prescribed public bidding procedures aDd requirements, and may reject all bids for good cause upon a finding that it is 10 tbe public ioterestlo do so. Evalualion of bids will be based on minimum requirements established by the specifications and compliance ,vitb conditions of the NotJce to Contractors and Invitation to Bid, and compliance with City public contracting ruJes. Additional evaluation crHeria are as foDows: None. . 4. The deadline to file a wriUen protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten (to) calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. AD of the conlract documents, includIng aU plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together wilh such Investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and .he terms and conditions of the contracl and soUcitalion documents are hereby accepted, and that if tlJjs Offer is accepted, the undersigned "ill contract wltlJ the City oC Ashland, Oregon, in a form substantially similar to that attached A~reemcnl and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood tbat the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration tbereof and, if they are not in conDid with those reCerred 10 in paragraph 1 above, they shall have tbe same force and efT~t as though fhey were attached and they sbaD be accepted as pari of the conll'ael when issued. 7. The undersigned agrees lhat upon written acceptance of thi", bid slhe will,' within ten working days, of receipt of sucb notice, ex~(~ute a formal contract agreement witb the City. The undersigned further agrees that s1he wiD provide Ihe following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contracl; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation 31ld unemployment insurance; All other bonds, permits,Jicenses, etc. as required in tbe contract documents.\ '.). D';;/,s 4..:; .,.. 7. All items In the Bid Schedule have been completed in fuU by sbowing a unit or lump sum price or prices for eoch and every item lhereof. The price per item shall be clearly shown in the space provided. The pricing shaD be extended to show the total when required. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or nnit price all services, materials, labor, equipment, and all work necessary to complete tbe project in accordance wilh the plans aDd specifications shall be furnished for the said lump sum or unit price named. II is understood that the quantities stated in connection with the price schedule for the contracl are appmximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the compJeted work. If there shall be an increase In the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will bave been earned and if lhere be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it Is understood that any estimate with respect to time, materials, equipment, or service which may appeal. on the plans or in the specifications Is f~r the sole purpose of assisting eily 01 A,;/lJ:lnd OctQocr21. 2010 11 01100 . the undcl-signed in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 9. The undersigned submits the unit prices as those at which be will perform the work Involved. The extensions of the column beaded "ITEM TOTAL" are made for the sole purpose of lacin.ating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees ~o Curnish Jabor, tools, machinery, materials, transporL1tions, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and speciflcaUons of this Offer for the unU or lump sum prices in the "BID SCHEDULE", ]]. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with tbe plans and specifications. If any material. item or s.ervice required by the plans and specifications has not. been mentioned specifically in the "BID SCHEDULE". the same shan be furnished and placed with the understanding that the full cost to the Ciay has been merged with the several prices stated in the "BID SCHEDULE." 12. The City resenes the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City jn accordance with ORS 279B.l00. ';["he Clly reserves the right to reject any and aU bids, waive formalities, or accept any bid which appears to serve tbe best interests of lhe City in accordance with ORS 2798.100. 13. The foregoing prices shall include all labor, materials, equipment. overhead, profit, insurance, and all other incidental expenses to cover the finisbed work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 14. Upon r~eipt of written notice of the acceptance of this bid, Bidder shall execute tbe formal contract attached within ten days. deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for tbe bid or combination (If bids is to become the property (If the Owner In the event tbe COntract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price ,,.iII exceed $50,000.00 the undersigned, us bidder, acknowledges that provisions of ORS 279C.SOO - 279C.810 relating to workers on public works to be paid not Jess than prevailing rate of wage shall be induded in the contract, or in tbe alternative, if the project is to he funded with federal funds and is subject 10 the Davis.Bacon Act (40 U.S.C. ~276a) bidder agrees to comply with the Davis.Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: hltp:llwww.oregon.govIBOLIIWHDIPWRlpwr_hook.sbtml 16. The undersigned sball furnish bonds required by the specificalions and comply with tbe Jaws of the Federal Government, State of Oregon and tbe City of Ashland which are pertinent to construction contracts of this nature even !bough such laws may not have been quoted or referred to in tbe specifications. 17. Accompanying this Offer is a certified check, cashIer's -check or a bid bond, for the sum of ;:L~(;){f)(). (V/j) . payable to the City of Ashland, Oregon, this being on amount for ten percent (JO%) of the total bid based upon the estimate of quantities at the above price according to tbe conditions of the advertisement H this OtTer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10) working days from the date of notification. then the City may, 01 ils option, determine that tbe undersigned has abandoned the contract and Ihere upon tbis Offer shaD be considered null and void, and the bid securily accompanying this Offer sban be forfeited to and (:ii!" o.l A_ibfan.-I '201'00 Ck:1o/x:,21.201(1 , hecome the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges tbat provisions of ORS 279C.SOO _ 279C.870 relating to lvorkers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis- Bacon Act (40 U.s.C. ~276a). bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contraetor agrees to be bound by and will comply with the provisions of OKS 279C.838, 279C.840 or 40 V.S.C. 314110 3148. [OAR 137-049-0200(I)(a)(J)). 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive 3 contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a wntraer, that every subcontractor wiU be digible to receive a contract for a public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that iI may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules jmplementiD~ the Statute. 2J. The undersigned agrees that the time of completion shall be defined in the spedfications, and further, the undersigned agrees to initiate and complete this Projed by the date stated beJow. . The work shall be commenced within S Notice to Proceed. working days after receipt of the written . The work shaU be completed in aU respects wilhln ( Z 0 calendar days following issuance of the Notice to Proceed and shall be completed no later than May 31, 20] 1. . The undersigned agrees that the '~ime of Completion" shan be as defined in the specifications and that the bidder will complete the work within the number of co~utive calendar days stated for each schedule after "Notice to ]lroceed" has been issued by the Owner. Bidder furthermore agrees to pay 8sliquidated damages, for each calendar day thereafter, the amounts shown in Standard Condit.ions ,for each day the project remains incomplete. 22. The undusigned bidder is registered with the Oregon Construction Contractors Board (eCB), the registration is current and vond, and tbe bidder's registration number is stated below. [OAR 137-049- 0230(1)) Bidder understands that Cailure to have a current CCB license shall resuJt in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license IS current and valid, and the bidder's registration number is stated below. [OAR 137~049- 0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shaD result in rejection of this bid. 24. )n determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase 00 the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the stote in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has slated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned repl.esents himlher self in this bid to be either a Resident or 11 Nonresident bidder by completing the appropriate blank below. Cilyot,k,llI.i<l(/ 1301100 Ot!OOM 21.2010 . The Bidder is L or is not a resident Bidder as delined in ORS 279A.120. , 25. The undersigned hereby represents that DO Councilor, ConunJssioner, officer, agency or employee of the City of Ashland is persona"y interested directly or indir<<tly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements. ora) or in writing, of the City, its Councilors, Commissioners. officers, agents or employees had induced himlher to enter into this Contra~t, aod the papers made a part of its terms; 26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same m~teriaJ and is, in all respects, fair and without collusion l?r fraud 27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and wm demonstrate tbis prior to award of contract, [OAR 137-049-0200(1)(<)(B)) 28. The undersigned confirms that if this contract involves asbestos abatement or removal. the bidder is licensed under ORS 468A.710 for asbestos I"emovat Asbestos abatement is not implicated in this contracL ~ 29. The City of Ashland may waive minor Informalities. reject any bid Dot in compliance witb all prescribed public bidding procedures and requirements. and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those con.alned in the Solicitation and Contract documents. 31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors I Invitation to Bid and the resulting contract by written addenda, prior to .be clOSing time and date. The City wiD not mail notice of addenda but shall publish notice of any addenda on City's website and post tbe notice of addenda at Community Development. www.ashland.or.us The addenda may be downJoaded or picked up at Community Development. 51 Winburn Way, Ashland, Oregon. The bidder must check the websUe and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed belo,,' have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and BJd Schedule. ADDENDUM NUMBER l THROUGH ~ HA VE BEEN REVIEWED 32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137,049-0200(1)(b)(C). Whether a hldder is responsihle \VIll he determined by ORS 279C.375 and the City.s completion of the attached Bidder Responsibility ~t~l.mination ForRL 33. Inslructions for First-Tier Subconlractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75.000 (see ORS 279C.370). Specifically, when the contract amollnt or a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, hut at least $15,000. or (ii) $350,000 l'egardless of the percentage. you must disclose the following information about that subcontract within two working hours of bid closing: . The subcontractor's name and address; . The subcontractor's Construction Contractor Board registraUon number, if one is required, and; . The subcontract doUar value. CitJl "1.'h.flf.~ill.1 OclClbu 21. ;lOW 1401100 , H you will no' be using any subcontractors that are subject to the above disclosure requirements, you are requinit to indicate ~'NONE" on the form. Failure to submit this (mom by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MA Y REJECT 'A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WIlli llilS INFORMA nON WITHIN TWO HOURS Q}' BID CLOSING. TillS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSmlLlTY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted ou the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 34. Bidder Information nod Signature 'VrX"':II...- t.:IJ,,,,,I 1:"" , Fir ame of Bidder f}fflt- Signature of Bidder Jdt Ff.",JLI.""V"l Printed Name of Ridder J}.t,"5I~-t Official Title o~_ Slate Incorporation -1 'l/cq;;-( CCB Number Dated (his {7 day of ,lj9~~r 2010, Address J13 g SL/I ),J:r ?IMI'...I,,{J. tJ ~: '1Tl ~ 15~ 7/(1/7 ~"'''''''y 012 17535 Name of Bidder Telephone No. City of A,iI/,1m! 1501100 O~.tober;!l. ;lOW 2010 Miscellaneous Concrete Proiect Pro/ect No. 2008-17 Bid Schedule A - 3" Street ITEM DESCRIPTION Q!X, UNIT UNIT PRICE AMO\JNT NO. illGUR-1!SJ ! Mobilization ! LS l ( aJO.00 l I O(O..oQ ~ Temoorarv Protection and Direction ! LS l 'iivCUJC) l fhW,QCl ofTraffic ~ Erosion and Sediment Control ! LS l ZCJo.OO 1 250. .:Jcy 1 Removal of Structures and ! !.S 1 Zt;;O.09 1 Zho ,()C Obstructions 5 Clearinl! and Grubbinl! 1 LS 1 4/)@(P.~o 1 4J5ta:;> ..?p 2 Earthwork 1 LS 1 Lie ()C) 1 _11, 5~ (i)# 7 3" PVC Sleeve (Schedule 40) !l ,LF 1 ' -5 &Q;J l ~O .M 8 Sub2Tade Geotextile m n 1 j,05. 1 526. .eo 9 Adiustinl! Boxes ~ M 1 Z3<J.C)@ 1 750.0 (1 10 3,4" -0" Al!l!Tel!ale Base ~ rrm 1 JLI,z'] 1 4. 9/~. 2-5 !! Level 3. ~ inch MHMAC Mixture g rrm 1 -' 05 , (i)() 1 S,4bO. 00 .u Concrete Curb & OuUer ill !J' 1 1'1,2.'5 1 II) 72-7 zt; 13 COIK.Tele Sidewalks 2.i.1 SF 1 ~.% 1 977 q~ .11 Concrete Sidewalk RamDs 1 EA 1 '615,00 1 <;,600.oQ) 15 Concrete Standard Drivewav ADron ill SF 1 4!lfi 1 /P/;z'l. !i 1/ 16 Concrete Commercial Drivewav m Sf 1 Lj, o/i 1 2,31;' 05 Ai1mn 1.1 Pavement Bar Tvoe B-HS li!! Sf 1 12,--CV 1 L ~ 'ffo,CJO JJ! Remove & Reinstall Sims I !.S 1 250,02 1 2-50.09 .u! Permanent Seedine: J !.S 1 l,cOO,Q(} 1 ICIiP().CJ@ 20 Tousoil ~ Q: 1 2..15,00 1 ''1~O.<a:v 21 Reconstruct Existinp Rock Wall 350 Sf 1 /4.00 1 Lf/'1fX), (/) (j) 3'" Street Total ~ 5t1, No. 75 Cfly 01 Asl11anrJ 1~ of '00 Navembef 9,2010 . 2010 Miscellaneous Concrete Proiect Prolect No. 2008-17 Bid Schedule B - Orel!on Street. Frances Lane and Walker Avenue ITEM DESCRIPTION OTY. UNIT UNIT PRICE . AMOUNT NO. iVlGURESl I Mobilization ] LS 1 /f; ~O, 00 1 '/530.DO 2. Temnorarv Protection and Direction 1 LS 1 1530, GO 1 I ;:~O, 00 of Traffic 3 Erosion and Sediment Control ] LS 1 5/5.0Q 1 515,0;; 1 Removal of Slruclure~ and 1 LS t f)- t {J Obstructions 5 Clearinl!: .:md Grubbine I LS t 12. )~O' (1J t I Z, 3i..cJ CO 6 Earthwork I LS t IZ,3'o.~o t I'a 3/-iJ.(/)O 1 SublIT8de Geotextile 822 SY ,1 , I 17'6 t '1:/67. / it, 8 12" HDPE Storm Drain Pipe 72 LF t c,q, 7C, t Lj,301..00 9 Concrete 4A Curb lnlet 3 EA 1 172 . So t 2,317,50 10 Adiustinl! Boxes 2 EA 1 l7Z.r;,o t I' SI./5,(}O 11 Minor Adiustment of Manholes 1 !jft 1 l57.5O 1 2/;7, 'il 12 ~.. - O".Al!l!Tes;!ate Base 305 TON t N70 t If 4'63 517 ]3 4" - 0" Al!:eTelZate Base 235 TON 1 !Uo t Z 72[,,00 14 Level 3. Yz inch MHMAC Mixture 126 TON 1 I (lY; . II) t 13 1.7/. <to 15 Concrete Curb & Gulter 868 LP ~. 11, 1~ t 17, ZZ'i ~ 16 Concrete 16" Standard Curb 79 LF t 20. ~lj t ! &47, I,"" 17 Concrete Sidewalks 3.848 SF t 400,6117 t 15, ?,QUJO 18 Concrete Sidewalk Ramos . , 3 EA t 901.25 t 7703,7t;' 12 Concrete Commercial Drivewav ].066 SF 1 IJ.OQ t r; :) ;)17, 00 ~ron 20 Extra for AC Aooroaches 4 EA 1 772.C;O t 3 c90.(j)O 21 Remove & Reinstall Sims I LS t Zd.t,~o t 2![)&.IJO , 22 Pavement Bar Tvoe B-HS 120 SF 1 12..35 t N<gz.OQ 23 Permanent Seedinl? I !& t )Q30,@O 1 1030.00 Orel!on Street. Frances Lane and Walker A venue Total 1 10& 55/.2& Cilj of A~'ilI>JIT,' 1701100 O<:tobf:r~1. ?I~1i1 , 2010 Miscellaneous Concrele Proiect Project No. 2008.17 Bid Schedule C -1" Street and A Street II EM DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT NO. IFIGU~ ] Mobilization I LS i 750.00 i 750.00 1 Temoorarv Protection and Direction l. LS i SOc>. ({JO i IJ (Xl. 0 Q of Traffic 3 Erosion and Sediment Control I LS i Z-t;rJ. 00 i 2..50,00 ~ Removal of Structures and 1 LS i lGo, (JO i Z.5o. (J,O Obstmctions 5 Clearin12 and Grubbinl! 1 LS $ L,l1'{, @i1) i z..,1!.n: 00 Ii Earthwork 1 LS i L, Zcfl. 00 i Z Z n: Ot/ 7 Sub~ade Geotextile 216 SY i 1.95 i Z.Zt, '60 8 *" - 0" AI!erel!8te Base 182 TON i fLj, z.-5 i e, 513. 50 9 Level3 Y} inch MHMAC Mixture 21 TON i 106-09 i Z, U'i. OCl 10 Concrete Curb & Gutter ill LF i L'J,1.5 i i 372.75 3'65 i -' II Concrete Sidewalks . 2.160 Sf i. q, "SIlL, 00 12 Concrete Standard Drivewav Amon 268 SF i 4.'Lt:: i /, /3tj'.12P 11 Concrete Commercial Drivewav 706 Sf i 4-~5 i ') 4Zf{ f () illlron 14 Exrra for AC ADofoache.<; 1 EA i 7'0,00 i 7'Jo, DO 15 Remove & Reinslall Sil!TlS I LS i lSQ.90 i ZSO. Q(} 16 Permanent Seeding I LS i IOQ9.o0 i /000.0 () 1" Street and A Slreet Total 1 3."'. &23,/5 , Ci:yof.4,;II!,lmJ 1801100 October 21" 2010 .- . . 2010 Miscellaneous Concrete Proiect Prolect No. 2008-17 Bid Schedule D - Plaza Area ITEM DESCRIPTION !lIT. UNIT UNIT PRICE AMOUNT NO. fFIGURES) I MobiJiz.ation I LS i 7'30.00 i 7f/J. r;J9 J Temoorarv Protection and Direction ! LS i /600.00 i f Ii> 00. CO of Traffic 1 Erosion and Sediment Comrol ! LS i 460,00 i %0.00 1 Removal of Structures and ! LS i ?;;,fip.QO .i '350,00 Ob'lnI<tions .:i Clearinll and GrubbinQ I LS i 1,000,00 i / ~(JrJ CJ C; !l Earthwork 1 LS i I 9riiO, CO i I / ,000.0 CJ 1 Channel D.-nin 16 LF i , '&,CO i 'i.{/~, r;o ~ Connect Channel Drain [0 Existine 1 fA i ~.OO 1 1fp(J,O 0 Storm Drain SVSOPm 9 Connect Weeohole to Existinll Storm I fA i l.fJQ, (){) i 2IJCJ.O~ Drain Sv~tem 10 Concrete Inlet TVDC 2.5A ! !lA 1 7t;Q.oo 1 750, DO II Adiustin2 Boxes I M 1 3Eo.QO .1 _3~, ()O 12 Minor Adiustment of Manhole 1 EA 1 Soa,oo .1 ~O::I,PO 13 Sand Base 1 g .1 9;5.00 i 340 C() Jj Level 3. Yl inch MHMAC Mixture ~ IillI i [2.1; ,@CJ i ~Z?, ()(l J2 Concrete Standard Curb n JJ: i 2C,',QO i & 7fj.(;)o l!l Concrete Curb. Extruded 72 LF .1 2fL.1.1; .t r.~a.Q9 17 Concrete Sidewalks 2J!l ~ .1 ,_4.75 1 4'; 4 I}. t:iq 18 Concrete Sidewalk Ramos Z !lA .1 .' t I. l5.no 1 2,7-.~o.OO 19 Concrele Commercial Drivewav ill SF .t , 'J . ?tj 1 I. C( II. Z5 Amon Plaza Area Total 1 f1 771{ 1'j CUy 0' AsIIIIJII!1 ra 01 100 OclotMr 2',2010 2010 MisceIlaneoos Concrete Proiect Proiect No. 2008-17 Bid Schedule E - Iowa Street Access Ramp Replacemeut -. ITEM DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT NO. IFlGlfRK'i"I 1 Mobilization 1 LS i 'iJ:x;. (.) 0 i S{JO,Ot7 ~ Temoorarv Protection and Direction 1 LS i ',(}Ot). Of) i {_ OtJO. t?C7 of Traffic 2.50, ~ 0 , 3 Erosion and Sediment Control I !.S i i 2.~o. all 1 Removal of Structures ond 1 !.S i 4co.oo i 400. c(/ Obstn1ctions II Concrete Sidewalks 100 SF i 5.2-5 i ~Z5.(}CJ 12 Concrete Sidewalk Ramos .u EA i "050. GO I 1/ J 050.00 Iowa Streel Access Ramo ReDlacement Total i /~ 'fZ5.0Q , Note: This bid schedule does not have any plans to supplement it The caolTaelor will be replacing l3 sidewa.lk ramps along Iowa Streel between N. Mountain Avenue and Wightman Slreet. . Cjf)'(JIA~'ldlld October 21,2010 . 200"00 ... Bid Schedule A. 3" Street Total I I)L 7~, 75 Bid Schedule B. Orel!on Street. Frances Lane and Walker Avenue Total 1 0& :IS I . Zit Bid Schedule C. I" Street and A Street Total I 23. )5 Bid Schedule D. Plaza Area Total 1 77tj. 7~ Bid Schedule E. Iowa Street Access Ramp Replacement Total 1 3. 715 tJtl .' . OVERALL BID TOTAL Ii Mg, Lj(go. ((/ I ClfyofA5111rmd OC'rJber 21, 20U1 2101100 City .1 Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 179C.370 and OAR 137-049-360) 2010 Miscellaneous Concrete Project PROJECf 2008-t7 Bid CIosl Dale: I NAME OF SUBCONTRACTOR ! I CATEGORY OF WORK II DOLLAR VALUE -, I. ~ 27. Oa:lttJ -w' l)(il.tr1-tIl;,~ V;tv 'fk;:'j _7eIO,'~ z, I We?.f.)O 2, , ~nt ~~1 tNbrij -.J!jtf;."Y ,1; '3 . 5a?, Or? 3 . t14j TfuX'3 .J::k",',~ L.A"'rfc 11 /CJ,~_C'O 4 . 5 6 7 8 9 10 .. AUnch oddiLionl1l pages if needed. elf}! 01 As/J/al)d October 2', 2010 22 g/ roo ~' . . CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Housing Commission December 7,2010 Primary Staff Contact: City Recorder E-Mail: Mayor's Office Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christebialashland ,or. us Mayor Stromberg Consent Question: Does the City Council wish to confirm the Mayor's appointment of James Dills to the Housing Commission with a term to expire April 30, 2012? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Housing Commission on application received, Related City Policies: Ashland Municipal Code (AMC) Chapter 2.] 7.020 Council Options: Approve or disapprove Mayor appointment of James Dills to the Housing Commission, Potential Motions: Motion to approve appointment of James Dills to the Housing Commission with a term to expire April 30,2012. Attachments: Application received Page 1 of I ~~, CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebfqiashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary . Name: (Christopher) James Dills Requesting to serve on: Housing Commission Address: 797 Park Street, Ashland, Oregon 97520 Occupation: Student! Grocer, Ashland Food Cooperative (2005 to present) Phone: Home (541) 941-5967 Work (541) 482-2237 Email: jamesdills4@gmail.com I. Education Backl!round What schools have you attended? Santa Barbara City College, Southern Oregon University What degrees do you hold? Associate of Arts, Applied Communications; I will receive a Bachelor of Science in Outdoor Adventure Leadership from Southern Oregon University in June of2011. What additional training or education have you had that would apply to this position? In the fall of 2008, I completed construction of my first home through the Rogue Valley Community Development Corporation (now Groundworks), As a participant in an affordable housing program, I am uniquely qualified to offer insight into housing issues in Ashland. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? My work as a peer advisor for Santa Barbara City College exposed me to the issues that traditionally disadvantaged students face, such as affordable housing, Also, I have volunteered extensively with the homeless population, including work with homeless in Portland through Southern Oregon University's Alternative Spring Break. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Furthertraining and education can be of great benefit in the field of housing. Whenever there is an opportunity to get a greater perspective on an issue as important as housing it should be taken, The housing issue is one of national proportion, and we can gain insight by seeing how similar communities handle the issue. 3. Interests Why are you applying for this position? I want to see Ashland be a place where our teachers and young families can afford to live. There are people who enrich our community with their service and expertise, but have to commute from far distances because housing is financially prohibitive. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, I am flexible and willing to prioritize my involvement with this committee. Evening meetings work well for me. 5. Additionallnformation How long have you lived in this community? I have lived and worked in Ashland for more than 5 years. Please use the space below to summarize any additional qualifications you have for this position. My interest is in seeing our community open to a diverse mixture of ages, backgrounds, talents, and skills. Assets to our community, such as teachers, are unable to buy homes here because they are too expensive. We are making tangible progress, such as the Mutual Self Help Housing project I was part of. I would like to see these strides continue. I am determined to see Ashland become a model for small town housing success. My involvement on the Boards of non-profit organizations such as Ashland CarShare and Provender Alliance have equipped me with problem solving skills and group work that I will carry with me should I be appointed. Thank you for the chance to apply for the City of Ashland Housing Commission. I hope to work with you as we find creative solutions to our housing needs. October 15,2010 James Dills ~.l' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Transportation Commission December 7, 2010 Primary Staff Contact: Barbara Christensen City Recorder E-Mail: christeblalashland.oLus Mayor's Office Secondary Contact: Mayor Stromberg Martha Benne Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment ofCorrine Vieville to the Transportation Commission with a term to expire Apri] 30, 2013? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Transportation Commission on application received. Related City Policies: Ash]and Municipal Code (AMC) Chapter 2.] 7.020 Council Options: Approve or disapprove Mayor appointment ofCorrine Vieville to the Transportation Commission. Potential Motions: Motion to approve appointment of Corrine Vieville to the Transportation Commission with a term to expire April 30, 20]3. Attachments: Application received Page I of I ~.l' CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY TRANSPORTATION COMMISSION Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or emaiJ chriSlcb(ivashland.or.lIs. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Corinne Vieville Requesting to serve on: Transportation Commission Address: 805 Glendale Ave, Ashland, OR97520 Occupation: Executive Director, DUDE, Disabled United in Direct EmpowermentPhone: Home 541-488-9300 Work 541-944-9600 Email Corinne@mind.net 1. Education Back!!round What schools have you attended? What degrees do you hold? What additional training or education have you had that would apply to this position? Special Education MA Program, Specialization Rehabilitation Teaching, SFSU 1999 Transition and Employment Specialist / Vocational Special Education Certificate, SFSU Rehabilitation Teaching Certificate, SFSU Orientation and Mobility Credential, SFSU Credential Elementary Education, Specialization Visually Handicapped, SFSU 1974 BA Degree, SFSU, Summa Cum Laude 1973 AA Degree, Diablo Valley College, Pleasant Hill, CA GPA: 3.96 1971 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Board Member, Rogue Valley Transit District Special Transportation Advisory Committee, 2000- present Vice~Chair, Coordinated Human Services Transportation Working Group, 2007-present CBS TV, 60 Minutes, Demonstrated use of Talking Signs as an example of access technology. 1998 MSNBC TV, The Site, Demonstrated orientation and mobility techniques using Talking Signs. 1997 Office of the State Fire Marshal, Emergency Evacuation Information Task Force, Contribute to writing regulations and procedures for evacuating public buildings focusing on people with disabilities, State Fire Marshals Code. 1997-1999 City and County of San Francisco Department of Public Works, Disability Access Committee, Participate in developing policy and making recommendations for implementation. 1997-1999 Student Teaching in Orientation and Mobility, San Francisco Unified School District 1997 Student Teaching in Orientation and Mobility, California Orientation Center for the Blind, Albany 1997 Chairperson, Accessible Services Committee, Contra Costa County Transit Authority, Review and advise local transit providers on matters conceming the disabled and elderly, assist with Pllblicity, outreach and public hearings. 1990-1999 Representative from Central Contra Costa County to the Para-Transit Coordinating Council, Sit on this Board with nine local transit operators and other agencies, disabled and elderly representatives. Review and make policy recommendations and determine allocation of funds to the transit operators throughout the County. 1994-1999 Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes, I feel it is important to stay current and well informed in order to contribute to good decision making. ~.. ._~ 3. Interests Why are you applying for this position? Both through my professional as well as my personal education and experience, I have acquired a broad and diverse base of knowledge of and sensitivity to the disability field. I choose to live in Ashland because I can easily walk or take the bus to carty out my daily business independently. I am an integral part of the local Disability Community and familiar with the challenges of access and transportation faced by people with disabilities in Ashland. Since my arrival in Ashland I have been actively involved with several committees of the Rogue Valley Transportation District, concerned with both para- transit and fixed route systems. I am very interested in Ashland's Transportation System Plan and would like to contribute a perspective from those with disabilities. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, I will be available to attend special meetings, either day or evening. 5. Additionallnformation How long have you Jived in this community? I) years, since June of 1999 Please use the space below to summarize any additional qualifications you have for this position I have had over 30 years experience teaching and counseling blind adults and youth. I have excelled academically, graduating Summa Cum Laude from San Francisco State University in 1973, with a B.A. degree in Psychology. I also completed an Elementary Education Teaching Credential with specialization in Visually Handicapped at SFSU in 1974. While attending SFSU I was involved in the establishment of the Disabled Students Services Program and became Assistant Director. I provided support services, peer counseling and mentoring to a large disabled student population including students with visual impairments, physical and mobility impairments, deaf and hard of hearing, learning disabilities, and psychiatric disabilities. In the early 1970's, I worked with Rose Resnick at the California League for the Handicapped, San Francisco, in several capacities. I provided adjustment counseling to newly blinded adults, both on an individual basis and in a group setting. I assessed clients' abilities and designed ~ individualized curricula to teach adaptive skills in the clients' home. I also developed a Saturday recreation program for blind young adults, incorporating socialization and independent living skill building. I co-authored a grant to establish an Independent Living Program (ILP) in Pleasant Hill, California, providing community support, independent living skills and adjustment counseling to adults and youth with disabilities. I was the Director of this program from 1975 to 1977. I provided direct client services and supervised cross disciplinary team staffing to review medical, psychological, audiological, and ophthalmological reports to determine the extent of primary and secondary disabilities, and developed individualized strategies for client success. In addition, I performed administrative duties, kept required case file documentation, prepared monthly reports, and managed the agency budget. I was also a delegate to the White House Conference on the Employment of the Handicapped in 1976. I helped draft regulations for Section 504 of the Rehabilitation Act in 1977. I chose to take time from my career to raise a family. My husband and I moved to the country where I started a goat dairy and home schooled my 4 children. During this time I became involved in local and eventually state politics when a landfill company decided to build a garbage dump at the foot of Mt. Diablo State Park, across from our family farm. I coordinated a successful countywide campaign to put an initiative on the ballot. This led to the discovery that there was discriminatory language in the State Election Code, which prevented blind persons from collecting signatures on petitions. I worked with the Secretary of State's Office to make the necessary changes to the California Election Code, eliminating the discriminatory language. This became a tuming point in my life. As a result of my increased involvement in the community and awareness of blind and disabled issues, I decided to do something to make a difference. My particular interests were in teaching skills and developing attitudes that would lead to independence and the self-esteem necessary for the transition to job acquisition by people with disabilities. To achieve this goal, I enrolled in the graduate program at SFSU to obtain a Masters Degree in Special Education with emphasis on Employment and Transition, Rehabilitation Teaching, and Orientation & Mobility. As a part of my graduate studies, I traveled back east to observe several agencies for the blind such as the Maryland School for the Blind, Helen Keller Intemational Center on Long Island, The Seeing Eye in New Jersey, Perkins School for the Blind in Boston, and the Louisiana Center for the Blind, established and run by the blind. The week that I spent observing at the Louisiana Center was invaluable. It helped me with ideas and strategies for teaching and monitoring students as a blind 0 & M instructor. But most of all it helped me sort out and reconcile my philosophy so that I could be a stronger advocate. As a consumer and professional, I have been able to see the issue from both sides and have always been convinced the incorporation of a 'can do' philosophy in Rehabilitation Programs is imperative. I became the first totally blind, university trained and certified Orientation and Mobility instructor. I have always been proud of this accomplishment! ) taught Orientation and Mobility skills to pre-school through high school age visually impaired students for the San Francisco Unified School District, and adults with visual impairments at the California Orientation Center for the Blind. In these positions I counseled students and their families, newly blinded adults, taught ADL skills, delivered specialized rehabilitation instruction on adaptive skills for employment and independent living for clients, reviewed medical records, assessed physical ability, leaming ability, tactual perception, memory, conceptual. development, attitude, and motivation and developed teaching strategies. While taking classes at SFSU, I was involved in many community service activities conceming disability issues. I presented at workshops on Tactile Graphics, Braille Literacy, and issues related to becoming a blind Orientation and Mobility instructor. I appeared on MSNBC TV, The Site, and CBS TV, 60 Minutes, Demonstrating orientation and mobility techniques using Talking Signs. I facilitated a Job Seekers Support Group for adults with visual impairments at the Rose Resnick Lighthouse San Francisco, and taught job seeking skills that promote healthy attitudes about blindness and independence. In addition, I began working in the field of adaptive technology, doing training and equipment sales for several companies: ReproTronics Inc, Sighted Electronics Inc, Adaptec, CustomEyes Computer Systems, Accessability Inc, Enable Mart, Next Level Assistive Technology, Oregon Commission for the Blind, Oregon Vocational Rehabilitation Services, California Department of Rehabilitation, Texas Commission for the Blind, and the Federal Govemment. My children and I moved to Oregon in 1999. I continued to work in the field of rehabilitation and adaptive technology. I taught classes in adaptive technology at Southern Oregon University and Rogue Community College, set up an adaptive technology lab, taught high school classes in hardware and software configuration and trouble-shooting. I also worked locally as an Adaptive Technology Specialist. In the spring of 2005, I assisted in the development, implementation and evaluation of curricula for the Senior Retreat, a pilot program of the Oregon Commission for the Blind in collaboration with the National Federation of the Blind of Oregon. I mentored seniors with visual impairments in the areas of Communication, ADL, Cane Travel, and Adaptive Technology. I was hired by DASIL (Disability Advocacy for Social and Independent Living) in 2005, as part of a special grant to assist the Director. ] performed administrative duties, wrote grants, restructured file and record keeping systems, supervised employees, directed program development and staff training, installed and maintained a secure computer network, acted as a liaison to community partners, counseled clients with varying disabilities, reviewed medical reports to determine clients' abilities and planned goals for independent living. I created my own consulting business called "All Things Accessible". I provide a multitude of services, technical support and personal training for adaptive and mainstream technology, job site evaluation and equipment assessment, Braille and altemative format production, Rehabilitation teaching and Orientation and Mobility training. I have a certificate in Accessible Information Technology from EASI (Equal Access to Software and Information), am a certified Access Technology Trainer for the State of Texas, and have taken the MOS (Microsoft Office Specialist) training through Project Assist with Windows. In 2008, I became the Executive Director of DUDE, Disabled United in Direct Empowerment. In this role I manage the finances, write grants, conduct fund raising events; produce a monthly TV show on Rogue Valley Community TV, represent DUDE on various committees, prepare educational materials promoting people with disabilities for the public and potential employers. I am always ready to assist with unexpected issues that may jeopardize the quality oflife for people with disabilities. 10/15/10 Date Corinne Vieville Signature ~.. ._~ CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Water Conservation and Reuse Study and Comprehensive Water Master Plan Update December 7,2010 Primary Staff Contact: Pieter Smeenk Public Works/Engineering E-Mai]: Pieter@ashland.or.us Finance Secondary Contact: Michae] R. Faught Martha Benne Estimated Time: Consent Question: Does the Council have questions or input regarding the direction and progress of the Water Conservation and Reuse Study and Comprehensive Water Master Plan? Staff Recommendation: Staff recommends that Council review the attached presentation and provide input regarding implementation of the next steps. Background: In March of 20] 0, two committees were formed to assist in updating the Water Master Plan. One committee consisted of representatives from various City departments and was called the Technical Review Committee (TRC), while the other consisted of citizens with unique knowledge or interest in water supply issues, called the Ashland Water Advisory Committee (A WAC). On April 15, the committees met for the first time, and the A W AC held a public open house listening session on May 5 at Ash]and High School. A Council study session in June was followed by 6 monthly meetings held from June thru November. A major element of this study is to address the City's multiple water supply sources and options for combining them; considering in particular how they may relate to climate change, supply redundancy, and environmental impacts. The engineering consultant has refined and quantified the Council's goal by identifying four separate components ("levels of service" or "LOS goa]s"): capacity, reliability, redundancy, and environmental stewardship. The A W AC reviewed the" proposed LOS goals in an open forum in May, and subsequently debated and quantified each goal. ]. For Capacity, the A W AC directed the consultant to provide sufficient supply to meet projected demands that have been reduced based on additional 5% conservation (with a goal of achieving 15%). 2. For Reliabi]ity, they chose to plan for up to 45% water curtailment during a 100 year drought. 3. For Redundancy, they chose to plan for a redundant supply' source for fire protection and indoor use shortl y after water treatment plant outages. 4. For Environmenta] Stewardship, they chose to meet or exceed all regulatory requirements. The consultant then studied all available supply sources; prepared fifteen technical memos, which addressed various aspects affecting availability and cost; and presented the A W AC with 6 different supply packages, along with a list of criteria that could be used to compare the options against one Page I of2 ....11 CITY OF ASHLAND another. The A W AC discussed and adjusted the comparison criteria, then agreed to remove two of the six options from further financial analysis. The attached table of net present value includes the six original options, but the options to consider constructing a new darn on Ashland Creek and to utilize Aquifer Storage and Recovery (ASR) were removed from further consideration in this study. The A W AC acknowledged that they may be worthy of future consideration if new information becomes available for the next Master Plan update. The A W AC now seeks to present their analysis and conclusions to the community and the Council. This is important in order to provide critical review and to guide the study in a direction that the community can support when the study is complete. Next Steps , The final Conservation and Reuse Study and Master Plan must be accepted by the Council and community before they can be put into action. Prior to that, the A W AC plans to hear from as many citizens as possible. Numerous opportunities to review progress and provide input are planned, including: . Presentation to Civic Groups including the Chamber of Commerce, Rotary, Soroptimist, and others. The attached presentation was given to the Lithia Springs Rotary meeting in late November. . Media coverage on radio programs like the. "Jefferson Exchange". . Television programming on "Ash]and Town Hall" on January 12, and others if available. . An article in the January Ash]and City Source is planned. . An open house on Thursday, January 19, 2010 at the Ash]and Middle Schoo] Commons to present the supply alternatives and to serve as an opportunity for community input. . A public meeting in February to select a preferred alternative supply strategy or package. . A Council presentation in February or March to recommend a supply alternative to the Council. . A public meeting in April 2011 to review the master plan and SDC/rate study. . A Council meeting in Mayor June of201 I to present the final report to the City Council. Related Policies: On June] 6,2009, the City Council adopted the following goal: Adopt an integrated Water Master Plan that addresses long-term water supply including climate change issues, security and redundancy, watershed health, conservation and reuse, and stream health. Council Options: Council's comments and direction regarding the next steps to be taken are welcome. Potential Motions: Not applicable. Attachments: Technica] Memo 14 Appendix A - Net Present Va]ue of Supply Packages Slides presented on November 23,2010 to the Ash]and Rotary. Pa~c 2 of2 ~~, APPENPIX A - CALCULATION OF NET PRESENT VALUE OF WATER SUPPLY PACKAGES Total Capital Total Annual O&M Net Present Value Package ($) ($ per year) ($ Millions) Package 1 - Recycled Water + Emergency Supply + WTP Expansion Low estimate $ 22,970,000 $ , 85,000 $ 20.2 Recycled Water $ 10,810,000 $ 85,000 $ 10.3 Emergency Supply $ 5,300,000 $ 4.3 WTP Expansion $ 6,860,000 $ 5.6 High estimate $ 32,900,000 $ 122,000 $ 29.0 Recycled Water $ 20,740,000 $ 122,000 $ 19.1 Emergency Supply $ 5,300,000 $ $ 4.3 WTP Expansion $ 6,860,000 $ - $ 5.6 Package 2 - TAP Pipeline + WTP Expansion $ 19,100,000 $ 337,000 $ 21.6 TAP Pipeline $ 12,240,000 $ 337,000 $ 16.0 WTP Expansion . $ 6,860,000 $ - $ 5.6 . Package 3 - Expanded TID Supply + Emergency Supply + WTP Expansion $ 18,310,000 $ 50,000 $ 15.8 Ashland Canal Piping $ 2,690,000 $ - $ 2.2 Recycled Water to Imperatrice Property $ 3,460,000 $ 50,000 $ 3.7 Emergency Supply $ 5,300,000 $ - $ 4.3 WTP ExpanSion $ 6,860,000 $ $ 5.6 Package 4 - Additional Ashland Creek Storage + $ 100,000 $ 76.5 Emergency Supply + WTP Expansion $ 91,860,000 Additional Ashland Creek Storage $ 79,700,000 $ 100,000 $ 66.6 Emergency Supply $ 5,300,000 $ - $ 4.3 WTP Expansion $ . 5.6 $ 6,860,000 $ - Package 5 - Potable Groundwater + WTP Expansion Low estimate $ 10,390,000 $ 82,000 $ 9.9 Groundwater $ 3,530,000 $ 82,000 $ 4.3 WTP Expansion $ 6,860,000 $ - $ 5.6 High estimate $ 27,180,000 $ 164,000 $ 25.1 Groundwater $ 20,320,000 $ 164,000 $ 19.5 WTP Expansion $ 6,860,000 $ - $ 5.6 Package 6 - Aquifer Storage and Recovery + N/A N/A Emergency Supply + WTP Expansion N/A Aquifer Storage and Recovery System N/A N/A N/A WTP Expansion $ 6,860,000 $ - $ 5.6 Emergency Supply $ 5,300,000 $ - $ 4.3 " "''', ",' ',-. ..' ---- ~"'" 'J ,f'11....':J\,,'\...... 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' " 1\ I;' I' " \1" \' ,;'n r:-' I' \' \ \ ~ . .'Q. 0- ',Q.I 'E ~ Ii r- '" ,_J I~ ~ - ~~ I I en c 0 , 1'- .- .... en cu ::::s 0 c 0 .- en en ::::s u C\I en ~ .- e e C 0 0 .- .- +-' +-' en en Q) Q) ::J ::J a a . . ~ C\I L, " \ ,. .'~ I '" , i'~~ I ,(I} , E ' ro \~ u: ~J CITY Of ASHLAND Council Communication Public Hearing - Capital Improvements Program Approval ofthe FY12 CIP Project List and FY12-17 CIP in Concept Meeting Date: Department: Secondary Dept.: Approval: December 7, 2010 Public Works Finance Martha Bennet Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Michael R. Faught faughtm@ashland.or.us James Olson 60 Minutes Question: Will Council adopt the FYI 2 Capital Improvement Program (C1P) Project List, the overall FYI 2-17 CIP program in concept, and the FY 12 Capital Equipment Plan after a public hearing? Staff Recommendation: Staff recommends that Council: )>> Approve the proposed FY I 2 Projects for Budget Purposes )>> Approve the FYI2 Capital Equipment Plan )>> Approve the FY 12- I 7 Overall CIP for Planniflg Purposes Background: At the November 15,2010 City Council Study Session, the Public Works Department presented the FYI2 Projects for Budget Purposes, th'e FYI2 Equipment Plan and the FY12-17 Capital Equipment Plan for planning purposes. During the study session the Council requested that staff provide a summary of State Transportation Improvement Projects (STIP) and to check with ODOT for the availability of electric cars for consideration when the City replaces its fleet. STIP Summary The ST1P includes the following City of Ashland Projects: . Walker Railroad Crossing Improvements . Plaza Avenue '-Nezla Ave. to Verda St. (reconstruction) . N. Mountain Ave - Hersey St. to 1-5 (overlay) . Allison St - Sherman St. to Gresham St. (overlay) . Laurel St - Railroad Crossing Improvements and Safe Route to School Sidewalk In addition to Ashland projects in the STIP (not included in Ashland's CIP) the following projects have been approved for: . Jackson County - Peachey Road from Walker to HiIlview . RVTD - Ashland Park and Ride Electric Car Uvdate Adam Hanks has been working with ODOT, Nissan and Toyota researching the availability of electric cars as potential replacement vehicles. The Nissan Leaf is not available this year; however, Mr. Hanks is trying to secure one in the near future. Toyota might have a Prius loaner car available. for the City to Page I of4 ~~, CITY OF ASHLAND try out for 3-4 months. The City is interested in adding electric cars to its fleet; however, the supply of electric cars is limited at this point. OF Backf!round This council communication outlines a proposed six-year Capital Improvement Program. Staffrequests that on December 7, 2010 Council approve the FYI2 Projects and FYI2 Capital Equipment Purchase Plan in order to complete the proposed FYI2 Budget and to approve the proposed FY12-17 CIP for Planning Purposes. The CIP represents a rolling six-year funding plan for projects that have been identified by each department. Project selection is based on the availability of funds, established master plans, pavement management program, and other long term planning documents. The first criterion for inclusion in the CIP is availability of funds. The proposed 2012 CIP continues to reflect current economic times. As in the past, the proposed 2012 CIP includes projects that depend on grants, loans, bond election and rates. The proposed FY 12 - FY 17 CIP lists only projects likely to be constructed over the next six years. In addition, priority projects that do not have a secure funding source have been listed in the unfunded category of the CIP. The unfunded projects total $51,795,000 million. The second criterion in the CIP planning process is master planning. While the Water, Sewer, Transportation and Stormwater Master Plans are now in the process of being updated, the FY 2012 CIP projects are based on the current, existing Facility Master Plan. Once the master plan updates have been completed the updates will have an impact on all future CIP projects. In addition to these master plans, Street Department CIP projects are prioritized based on the pavement management program. The pavement management program evaluates the existing street system and recommends strategic street construction projects based on the life cycle of each street. The Parks and Recreation Department updates their long term project priority list annually with the Parks Commission. The Electric Department uses a 2003 study completed by CVO Electrical Systems, LLC for their CIP projects. AFN CIP projections are based on the most recent AFN Business Plan assumptions. Historic CIP Execution Rates This year's FYII CIP has an expected execution rate of72% as compared to 2010's execution rate of 55%. While the execution r'ate has improved, there are some projects that will not be completed. Those projects include the TID pump station improvement project ($220,000), and $1,650,000 in Parks Department projects. In addition, the following projects will only be partially completed by the end of the fiscal year: Transportation System Plan ($75,000), Water Master Plan ($270,000), the Hosler Dam Safety Analysis ($125,000), Wastewater Master Plan ($200,000), the Sheridan Street to Schofield Street LID ($267,000), and Silt Removal from the East and West Forks ($50,000). To that end, the remaining costs to complete these projects have been moved to the proposed FYI2 CIP. Current Year Highlights Public Works CIP projects either completed or on schedule to be completed in FYII include the construction of Liberty Street LID project; the construction of Jefferson Street; Laurel Street Sidewalk; Hersey and Laurel Railroad Crossing; Plaza A venue; audible pedestrian signals; street overlays on Will Dodge Way, Allison Street, and North Mountain A venue; miscellaneous concrete repair projects Page 2 of4 ~~, CITY OF ASHLAND (including the Plaza parking restriping project); 60% completion of the Transportation System Plan update; 80% completion of the Water Master Plan update; Hosler Dam Safety Analysis; 75% completion of the Wastewater Master Plan update; Ashland Creek sewer line; Wastewater Treatment Plant membrane replacement project; Storm Drain Master Plan; and the Airport Runway overlay project. FYI2 Program The proposed $9,773,000 FYI2 CIP represents a 10% reduction over last year's $10,859,000 FY11 CIP. The proposed FY 12 CIP completes the master plan updates as well as the followirig major public works improvement projects. Street Fund: Projects listed in the Street Department fund CIP include the Croman Central Blvd (which will be funded through grants), Willow Wind School Safe Route to School pedestrian crossing, Walker Street Safe Route to School sidewalk project, slurry seal projects, and street overlays. These projects will not impact the street user fees as the Governors Jobs Bill HB 2001 is projected to generate an additional $200,000 per year in 2012. Water Fund: The proposed Water Department projects include the FERC Part 12 Hosler Dam Safety Analysis ($125,000), East and West Fork Silt removal ($125,000) and the completion of the Water Master Plan ($49,000). It is important to note that the Crowson II Reservoir ($4 Million) project has been moved into the unfunded category and the TID Pump Station improvements ($220,000) have been moved out to 2014. This fund is struggling to meet operational costs so until the master plan has been completed, ClP projects will be limited to regulatory compliance issues. Wastewater Fund: The proposed Wastewater Department projects include the completion of the Wastewater Master Plan ($] 50,000), miscellaneous in-house collection system line replacement projects ($50,000) and the Nevada Street Pump Station and Realignment project ($125,000). Storm Drain: The proposed Storm Drain CIP project highlight is the Ashland Creek Water Quality Improvement project ($100,000). AFN/Telecom: The proposed Telecomm project highlights include the GIS City Wide Aerial Photographs ($75,000), and the Administrative Services/Finance Financial Software Upgrades ($250,000). Administration/City Facilities: The proposed City Facilities project highlights include the Fire Station No.2 Reconstruction ($3,000,000 Bond) and the Police Department building improvement project ($78,000). These two projects are a result of recommendations made by the Citizen Committee on Public Safety General Obligation Bond Levy, followed by a motion from the Council to direct staff to prepare an implementation plan for the Council. To that end, the full cost of the Fire Station reconstruction project and the architectural costs to evaluate moving the Police Department to the Grove have been added to the CIP. FY 12 Capital Equipment Purchase Plan: The FY 12 Capital Equipment Replacement Program proposes to purchase the following items. . Two new vehicles for the Police Department . Two new vehicles and one sweeper for the Public Works Department Page 301'4 ~~, CITY OF ASHLAND . One new vehicle and additional equipment for the Fire Department . Two new mowers for the Parks Department The total cost for these items is $475,000. The specific equipment replacement list is attached to this council communication. Related City Policies: . Council Goa]s . FYI2 Budget including the CIP . Master Plan documents for each enterprise Council Options: 1. Council may accept the staff report and approve: a) the proposed FYI2 Projects for Budget Purposes b) the FYI2 Capital Equipment Plan c) the FY12-17 Overall CIP for Planning Purposes 2. Council may decide to modify staffs recommendations: a) the proposed FY12 Projects b) the FY 12 Capital Equipment Plan c) the FY12-17 Overall CIP for Planning Purposes Potential Motions: 1. Council moves to accept the staff report and approve the following three items: a) the proposed FY 12 Projects for Budget Purposes b) the FYI2 Capital Equipment Plan c) the FY 12-17 Overall CIP for Planning Purposes 2. Council moves to modify ( ) staffs recommendations, and direct staff to provide the final project list for review at the next Council meeting. Attachments: . Proposed FY12-17 CIP Project List . Proposed FYI2 CIP . Proposed FYI2 Capital Equipment Plan . Major Changes from FYII Page40f4 ~~, ~ I ~ i ~ . 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Additional Fire Department Equipment Fire Total Street # 385 - 2000 Ford F-350 4x4 , Pickup # 504 - 2005 Freighlliner, Sweeper Street Total Parks #630 - Parks 1994 Toro 3100 #649 - Parks 2004 T oro 580D Parks Total Facilities # 426 - 2000 Ford Explorer Facilties Total $28,000,00 $25,000.00 $10,000.00 $63,000 $28,000,00 $7,000,00 $35,000 $32,000,00 $190,000,00 $222,000 $22,000,00 $105,000,00 $127,000.00 $28,000,00 $28,000 Total $475,000.00 $475,000 Total Replacement Cost . n " 0 ~ , ~ ~ ~ ~ ~ , 1 ~ Q' 0 ... ~ ~ !;;' >; ~ .. n Q. , ~ ... 0 :; .. " ~ ~ ~ ~ if ~ ~ ;:; ~ 0 ~ . ..", ;; '" , t=' l~ .... 0 ~ 1::> 0 0 ~ ....'" ~~ -.... "'''' <:>1::> 00 00 .. ~ ~ C' i::' b > 0 ~ " '" ~ ~ '" .. ~ . .. " ~ " . ~n r<o ~~ n .. " " " ' ~ ~ . "';0 '" c n . €~ ~~ " I; '" 3' ~~ ~ - > ~d' ... . . " <l ~ ~ ~ ~ " t ~ 3 " " 3 " a .. .. .. .... .. 8 8 0 .. .. .. .. .. ~ '" w 8 .... 88 0 '" 0 0 888 0 0 0 0 000 '" z ~ ~ ~ ~ " ~ c c ;;; ~ ;;; " " ~ ~ " .. 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Q, 5' 3: -i ~o g,~ ... o [ ... o [ > ... ..... -. , ~~ , . . ~ . r<o " .. a ... 2 . ~ .. . o 2 il. n :;; ." ::: N '" '" ... .. ~ ~ g co ~ .... .... ... .. <0 <0 ... ;a "- > , ~ . ~ n :;; ~ N '" ~ '" co .... .. <0 <0 ;;; ~ w ~ " , CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Adoption of New AFN Internet Rates and Charges December 7, 20]0 Primary Staff Contact: Rob Lloyd Information Technology E-Mail: llovdr@ashland.or.us None Secondary Contact: Michael Ainsworth Martha Ben e Estimated Time: 15 Minutes Question: Will the City Council adopt proposed new AFN Internet rates and charges? Staff Recommendation: Staff recommends the Council adopt the attached resolution. Background: The Strategic Business Plan for Ashland Fiber Network set the goal of restructuring its products to better fit the changing demands of customers, The attached rates schedule and resolution for AFN's Internet connectivity products implements that goal. Additionally, alternative telecommunication providers serving the Ashland community recently reduced their prices. Proposed rates will keep AFN's prices competitive. The Intemet connectivity products will continue to be available through AFN's vendor partners, as well as directly through AFN, Both retail and wholesale rates are listed in attachments for this reason. However, it is important to note that retail rates are not mandated. AFN vendor partners will have the option of selling at higher or lower rates if they choose. The proposed rates and charges schedule also eliminates AFN's past practice of using a small number of general categories with large price differences between them, Beginning with these new rates, AFN's models define products based on consumer versus business demands, speed preferences, bandwidth consumption trends, price, and vendor partner incentives. AFN's peak bandwidth utilization increased almost 70% in the three-month period from July to September and reinforces the need for this new rates and charges approach. This was included in the AFN Strategic Business Plan, The proposed schedule decreases cost of identical services for all customers. It also provides customers the option of increasing their service level to the next step for no more than ten dollars, Approximately 90% of AFN's customers currently subscribe to its Gold package. AFN projects those customers will opt for the new Choice package to maintain the same service level at lower cost, or for the Preferred package to double their speed for approximately $5 more per month, Along with the new rates and charges, AFN is also proposing to implement usage caps. These usage limits would only affect a very small number of customers whose bandwidth use harms the user experience of other customers--t:urrently less than I % of all AFN customers. This step is consistent with other telecommunications companies servicing the Ashland community. AFN and vendor partners are working together to introduce the new rate structure in a coordinated manner. If this proposed rates and charges are approved, they would be implemented in January 201] Page I of2 ~~, CITY OF ASHLAND and completed no later than March 20 II. This will allow AFN and its vendor partners to properly notify and work with customers to select their service levels. As an added benefit, the new rates and charges will resolve grand fathered rates that have accumulated since 2000 for a small set of customers, Related City Policies: I) Ashland Fiber Network Strategic Business Plan 2) AFN rate adjustment implemented in January 2009. Council Options: The Council can authorize the resolution as presented, or direct staff to make adjustments and bring the resolution back for consideration at a later time. Potential Motions: , Move that Council adopt (or decline to adopt) the attached resolution for AFN rates and charges, and repeal resolution 2008-38. Attachments: I) AFN Rates and Charges Comparison 2) Proposed Resolution 3) Rate Resolution 2008-38 for Repeal \ Page2of2 ~~, .. II ~ .. a: ." c .. tJ ::> ." l! ... t E II ~ .5 z ~ ~ Z ." II .. a ... a ~ ... ~ ,~~ill ~ C!ilG:J a: ... III ii: ~ ~ " 01<8- ~ ~ "''ll ~"a "' C ]~ .l! . ;; c . B. B. ~ 80.0.0: ... fi: ~ ~ ~ <1>"'88" .. .. !I. ~ :l! N ~ :Ii ~ <t l:l u s ~ Q ~ ... ~ <.: i o ~ <t l:l ~ fil lS 2 ... ~ ~~~I~ ~ ~ a: ... III ii: .. .. a. a. ......0.......0.&:1 ~o~~~ z~zoo o 0 .. .. ~ ~ Q ~ <t l:l u s ill '" ... ~ I nUl ~ Ilun ~ tl uu~ f IluU ~ ~ ~ ~!! ~ :Et,H~$M~ ~ ~ ~ ~ c c c . a . a . l'l a E E E 0. .... 0. .... 0. .;: .... ':; "0 ." a. a ':; "a ." a. a .5 ... a. a 0'11 II :> .... 0' II II :> .... 0' :> .... . .. .. a. . .. .. a. . 'n; a. . a a ^ . a a ^ . ~ ^ '0 a. a.." :> '0 a. a.." :> '0 II ." :> .fi e , , a II ^ U a a II ^ U a: II ^ ~ II." ." ~ ~ II." ," II II." .5 ~ ... ... ... 15 , a. II 15 a. II ~ ..a.1I III II III II 0 .. III II c II 'n; ." a. a. c II ." a. a. c II ~ ." a. 81; l'l III /3 n 'n; .. III /3 1i ii 'n; ~ fa In ~ ~ a ~ II ." II ." .. II <e.2"t1 '0 II a: C l'l ll'o '0 II a: C l'l II '0 II a: c .. ..- !!'o ..- c a Z it z it .. c a Z .. it .!! 'o.c a. .. '0 .c a. IX 'u .c i>. ~~ ... a .. :t3: ... a ;t~ ... a a. <I: 0 :> :> <I: 0 :> :> <I: !!! 0 :> ) RESOLUTION NO 2010- A RESOLUTION FOR ADOPTING PRODUCT RATES FOR THE MUNICIPAL TELECOMMUNICATIONS UTILITY Recitals: A. Ashland Fiber Network has-restructured its product offerings to better fit the changing demands and perceptions of customers. B. On December 7, 20]0, the Ashland City Council provided an opportunity for public comment on the proposed rates contained in the attached rate schedule in accordance with ORS 294.160(1), C. It is necessary to adopt the rates and fees proposed to provide a comprehensive list that can be applied to all customers, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION]. Attachment A, is incorporated herein by this reference, and adopted as the rates and fees for the municipal telecommunications utility's wholesale and retail rates, as provided by the City of Ashland Information Technology Department, Ashland Fiber Network Division, SECTION 2. Nothing in Section I or Section 2 shall preclude Information Technology Department management from decreasing or waiving fees, rates, and/or charges on a temporary basis to support promotional campaigns, SECTION 3. Information Technology Department management shall establish different fees, rates, and/or charges for commercial custome~s as allowed or mandated by Federal law and regulations. ' SECTION 4. Specified Information Technology Department rates only, as detailed under Miscellaneous Fees, City of Ashland Resolution No 2008-38, are repealed as of the effective date of this resolution, This resolution was duly PASSED and ADOPTED this _ day of effect upon signing by the Mayor. , 20 I 0, and takes Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010, John Stromberg, Mayor Reviewed as to form: Megan Thornton, Interim City Attomey Page 1 of3 A TT ACHMENT A PRODUCT RATES FOR THE MUNICIPAL TELECOMMUNICATIONS UTILITY Fee Type and Title Rate Type Charge Community Access Wholesale $9 / month Direct Retail $9/ month Basic Wholesale $25 / month Direct Retail $30/ month Choice Wholesale $28 / month Direct Retail $35/ month Preferred Wholesale $38 / month Direct Retail $45 / month Family Entertainment Wholesale $45 / month Direct Retail $55 / month Gamer Wholesale $55/ month Direct Retail $65 / month Ultimate Home Wholesale $65 / month Direct Retail $75/ month Small Office/Home Wholesale $53 / month Office (SO/HO) Direct Retail $65 / month Small Business Wholesale $73/ month Direct Retail $85 / month Direct Fiber on Wholesa]e $250 / month Area Local Loop Direct Retail $300/ month Direct Fiber Wholesale $400 / month Direct Retail $500/ month AFNMax Installation $200 CPE Direct Retail $48 / month Supplemental Add-on Mobile $ 5 / month Wireless Rental E~uipment $25 / month Page 2 of3 Access only; No technical support Point-to-point within AFN Wide Network Plus installation fees and per terms of use Installation charge includes use of device for life of service /Tom AFN For AFN customers wanting to add AFNAnywhere or AFNMax Fiber Installation , $1500 Minimum per install; Must be within 1000 feet of network splice enclosure Modem AFN Direct Connect $50/ each Optional Wholesale Rates are those AFN charges resellers. Resellers set their own retail rates for customers Direct Retail Rates are those AFN charges customers who choose to connect directly through AFN. Page 3 00 RESOLUTION NO. 2008-3% A RESOLUTION FOR ADOPTING INTERNET RATES FOR THE ASHLAND FIBER NETWORK THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached rate schedule is adopted as the rates and fees for the Ashland Fiber Network's wholesale and retail rates, as provided by the City of Ashland Information Technology Department, Ashland Fiber Network Division. These rates are effective with the first billing cycle in January 2009. SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may be set administratively. To the extent practicable, such fees shall be set to recover, over a fiscally prudent period, the incremental cost of providing such service by taking into account all costs actually incurred. SECTION 3, Nothing in Section I or Section 2 shall preclude AFN staff temporarily reducing or waiving rates or charges in conjunction with promotional campaigns, or 2) establishing different and nondiscriminatory rates and charges for commercial customers, as allowed by federal law and regulations. SECTION 4. Specified Information Technology rates only, as detailed under Miscellaneous Fees, Resolution No. 2007-34, are repealed as of the effective date of the new rates. SECTION 5, This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this -I , day of , 2008, and takes effect upon signing by the Mayor. ~ Barbara Christensen, City Recorder SIGNED and APPROVED this S day of I/~ ,2008. Reviewed as to form: RESOLUTION NO. 2008- Rate Scbedule (Effective January I, 2009) Fee Title Method Current Increase Proposed Per Charge Percentage Charge AFN Wholesale Rates: Excludes VolP AFN Bronze Support 14.99 5% $15.7 4 month Excludes VolP AFN Silver Support 23.99 5% $25.19 month Includes VolP AFN Gold Support 26.45 5% $27.77 month Includes vo'!p AFN Platinum Support 66.45 5% $69.77 month Monthly Minimum ISP Billing Minimum 1500 0% $1,500.00 month Static IP: AFN Gold First address 25 5% $26,25 month AFN Platinum First address 25 5% $26,25 month Additional Static IP: Each additional to 6 AFN Gold total 10 5% $10,50 month Each additional to 6 AFN Platinum total 10 5% $10.50 month Dynamic IP: AFN Gold Per address 5 5% $5.25 month AFN Platinum Per address 5 5% $5.25 month AFN Retail Rates: Excludes VolP AFN Bronze Support 19.99 5% $20.99 month Excludes VolP AFN Silver Support 34,99 5% $36.7 4 month Includes VolP AFN Gold Support 39,99 5% $41. 99 month Includes VolP AFN Platinum Support 79.99 5% $83,99 month AFN Anywhere 44.99 5% $47.24 month CITY OF ASHLAND Council Communication J> Ordinance & Resolution: Fees and Char~es for Municipal Court Administration Meeting Date: December 7, 2010 Primary Staff Contact: Megan Thomton Department: City Attorney's Office E-Mail: thomtm@ashland.or.us Secondary Dept.: City Attorney's Ice Secondary Contact: Megan Thornton Approval: Martha Benne Estimated Time: 20 minutes Question: Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance Establishing Fees and Charges for Municipal Court Administration" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends the Council receive public comment on the proposed ordinance and draft a fee resolution consistent with ORS 294,160. Staff further recommends Council approve First Reading of the ordinance and move the Ordinance to Second Reading. Background: The City Council first considered the proposed ordinance and resolution in a study session in June 2009. In April 2010 Council requested a modification to the proposed ordinance and asked for the feedback of the Municipal Court Judge on the fees included in the resolution. Staff met with the Municipal Court Judge on November 16, 20 10. The proposed ordinance is amended in response to that meeting. Additionally, Staff believes we are in agreement with the Judge on most of the fees, Some of the fees we identified as ones that both staff and the Judge feel are policy calls for the City Council. Unless there is a state law setting a fee or allowing a municipality to impose a fee, all fees imposed by a municipality must be established by ordinance or resolution. The City Council may establish fees and charges by ordinance or resolution, The Ashland Municipal Court currently charges some fees that are proposed to be formally authorized by ordinance and then adopted by resolution. All the fees are proposed as a means of partial cost recovery for the services provided. The attached ordinance and resolution comprehensively address all local fees and charges for Ashland Municipal Court, The ordinance and resolution do not adopt fees that are currently imposed under state law; however, for ease of use by citizens and court staff a table will be assembled after all local fees are adopted that clearly shows all state and local fees that apply to Ashland Municipal Court proceedings. The attached Resolution entitled "A Resolution Establishing Fees and Charges for the Administration of the Ashland Municipal Court" will be placed on the Council's Agenda for December 21,2010, for approval with a delayed effective date to correspond with the effective date of the Ordinance. Before fees can be adopted ORS 294.160( 1) requires the City to provide an opportunity for interested persons to comment. On December 21,2010, the Council should schedule a public hearing, Page I of 4 ' ~.. ._~ CITY OF ASHLAND Discussion: The fees in the attached resolution all fit into one of three categories: 1) surcharges and fees adopted by House Bill 2287, 2) fees that Council, staff, and the Court agree should be imposed, and 3) fees that present policy issues for the Council to decide. In addition, staff and the Court have agreed to eliminate any fees from the resolution that are duplicative of state law, and a few additional fees, such as fees for court appointed counsel applications and motions requiring a hearing. Surcharges imposed by state law are incorporated into the bail schedule; therefore, the surcharge amount is reflected in the amount written by the officer on the face of the ticket. The surcharges must be imposed by the Court, unless a fine is not imposed. 1) Surcharges and fees adopted by House Bil/2287 Fees in this category are proposed in section 2 of the attached resolution, The following list includes some of the fees that were imposed by the Oregon legislature in 2009 that the Court will continue to impose even if the legislature decides to let the fees sunset on June 30, 2011: . $45 Violation [2009 c.659 ~2(l)(c)], . $35 Misdemeanor [2009 c,659 ~2(1)(b)), . $100 Bench Probation [2009 c,659 ~21 (7)], . $25 Violation of Bench Probation [2009 c,659 321(11)), . $100 Diversion petition (including DUll and Marijuana) [2009 c.659 ~26], and . $250 File an expunction application [Section 27]. Staff suggests adopting local assessments equal to the current surcharge fees under state law as opposed to implementing a different fee amount. The court agrees that this will simplify the fee adoption process by allowing the court to continue administering the fees in accordance with its current practices, In addition, the $45 surcharge for violations and $35 surcharge for misdemeanors will be simpler to implement than the amounts in earlier versions of the resolution because the proposed court cost fee replaces what was originally proposed as two separate fees for court costs and court security and training, If the Council is opposed to having any of these fees continue after the state surcharges expire, changes can be made to the resolution before the ordinance takes effect, but it will not be necessary to make any changes to the ordinance. 2) Agreed upon fees Staff and the court agree that there are valid reasons for the following fees attached in section I of the resolution to be imposed: . Appeal Transcript Fee, . City Attorney Deferred Sentence/Diversion, . Civil Compromise Costs, . Compliance Inspection Fee, Page 2 of4 ~~, CITY OF ASHLAND . Court Appointed Counsel Fees and Charges, . Discovery, . Extend/Amend City Attorney Diversion/Deferred Sentence. . Failure to Appear for Bench Trial/Show Cause Hearing, . Failure to Appear for Jury Trial, . Mediation of Violation, . Non Sufficient Funds Check, and . Warrant. The Judge has the ability to reduce or waive the following fees: . Failure to Appear for Bench Trial/Show Cause Hearing, . Failure to Appear for Jury Trial, . Mediation of Violation, and . Warrant. If the Council is opposed to any of these fees or the amount, changes can be made to the resolution before second reading, but it will not be necessary to make any changes to the ordinance, 3) Fees that present policy issues The following fees proposed in section I of the attached resolution present policy issues that the Council will want to consider before they are implemented: . Bench Trial, . Diversion by Municipal Court of Violations, . Jury Trial, and . Installment Fee, The cost of providing a jury trial is significant because it requires jury notices to be sent out, witnesses to be subpoenaed, and judge and staff time. Bench trials also have associated costs; however, the cost is less because it does not require a jury, This fee would only be imposed if a defendant lost at trial and a deposit would not be required before the trial was held. Although there are costs to trials, this fee presents a policy issue because it could be seen as a deterrent to requesting a trial. The diversion fee and the installment fee is $25; however, this could be viewed as a barrier to some defendants for diversion, and the installment fee would be an additional fee for those that could not pay their fines and fees in full. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (I) Move to approve First Reading and continue the matter to Second Reading. (The Resolution will be on the Agendafor December 21,2010.) (3) Move to postpone-approval of the First Reading of the Ordinance, Page 3 of 4 .... ...'1 Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading. Attachments: Ordinance Draft Fee Resolution Page 4 of 4 CITY OF ASHLAND r.l' ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR MUNICIPAL COURT ADMINISTRATION Annotated to show deleti€lAs and additions to the code sections being modified. Deletions are bold..... . and additions are bold underlined. 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. Citv of Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 53 I P 2d 730, 734 (1975); and WHEREAS, Article 9, Section 1 of the City Charter also expressly provides for the recovery of the "costs of prosecution;" and WHEREAS, Article 15, Section I of the City Charter authorizes the City Council to adopt ordinances governing the operations and conduct of the Municipal Court; and WHEREAS, the City of Ashland Municipal Court incurs administrative costs in processing various criminal actions as defined in ORS 131.005, including both violations and misdemeanor offenses; and C WHEREAS, individuals that engage in criminal acts should be required to pay at least a portion of the administrative costs incurred; and WHEREAS, in accordance with ORS 294.160(1), on December 7, 2010, the City Council of the City of Ashland provided an opportunity for public comment on this proposed ordinance and on the proposed resolution for Municipal Court Administration Fees. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION I. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Short Title. This ordinance shall be known as the "Municipal Court Administration Fees and Charges." Page 1 of5 SECTION 3. New Chapter. A new chapter, consisting of Sections 4.35.010 [Establishment and Imposition of Fees and Charges] through 4.35.070 [Not Applicable to Parking], is hereby added to read as follows: 4.35 Municipal Court Administration Fees and Chan!es 4.35.010 Establishment and Imposition of Fees and Chan!es. The Ashland Citv Council is hereby authorized to establish by resolution fees and charl!.es to be imposed in criminal actions in the Ashland Municipal Court. Consistent with ORS 131.005. "criminal action" for purposes of this ordinance includes any non-criminal violation as well as any criminal misdemeanor offense within the iurisdiction of the Court. The Ashland Municipal Court and Violations Bureau shall impose the applicable Municipal Court administration fee(s) or charl!.e(s) as set forth in the resolution for each criminal action. 4.35.020 Imposition of Specific Fees and Charl!.es. A. Uncontested non-criminal violations/ mail. The fees for Court Costs shall be incorporated into a bail schedule published by the Citv Administrator or desil!.nee in accordance with Citv Code. The Court Costs shall be incorporated into the base fine amount in the bail schedule. resultinl!. in a hil!.her base fine for violation citations issued by the Citv Police and Code Compliance Officers. B. Trials. The Court or Violations Bureau in a criminal action shall impose the fees for Trial or Default Judl!.ments. if applicable. only when a defendant is found l!.uiltv after a trial. C. Other Fees and Charl!.es: The Court shall impose all applicable fee(s) and charl!.e(s) as set forth in the resolution. unless a waiver or reduction is l!.ranted in accordance with AMC 4.35.030 or applicable law. All applicable fees shall be reflected on any iudl!.ment or al!.reement. D. The Court shall not impose fees or charl!.es when the charl!.e is dismissed by motion of the Citv Attorney. for whatever reason. includinl!. a plea barl!.ain. For purposes of this section. fees and charl!.es shall not include restitution to the victim for an offense dismissed by plea barl!.ain. Routine motions to dismiss successfully completed diversions. deferred sentences. compromises. mediations. and like actions shall not cause such actions to be exempt from fees and charl!.es under this section. 4.35.030 Waiver or Reduction of Fees and Charl!.es by the Municipal Court. The Ashland Municipal Court or Violations Bureau may defer. waive. suspend. or otherwise reduce the fees and charl!.es set forth in the resolution as allowed by Orel!.on law or this section. Page 2 of5 A. The fees for Failure to Appear for Bench Trial. Discoverv. Failure to Appear for Jurv Trial. Mediation of Violation. and Warrants mav be waived or reduced in whole or in part when the Municipal Court makes a written findinl! that: 1) the defendant is indil!ent: and 2) the defendant cannot pay the oblil!ation on an installment basis: and 3) the Municipal Court has not imposed a fine and the Court has not imposed any other state or county assessment on the charl!e. Interest on Judl!ments and Court Appointed Attorney fees may only be imposed. waived or reduced in accordance with l!eneral state law. Attorney fees shall not be waived by the Court for civil compromises and City Attorney diversion/deferred sentences when repayment of such fees was al!reed to as part of a nel!otiated plea barl!ain or compromise. B. After imposition of all applicable fees and charl!es for one criminal action. the Ashland Municipal Court may waive or reduce Court Costs. Show Cause. Installment. and Warrant fees prescribed for other criminal actions disposed of on the same day. This authorized local waiver or reduction does not automatically waive or reduce state and county assessments. The subsequent actions where fees are waived or reduced shall be of equal or lesser severity to the initial oril!inal criminal action (in terms of classification) where all fees and charl!es are assessed. C. The Ashland Municipal Court shall waive fees and charl!es prescribed for Failure to Appear at Bench Trial. or Show Cause Hearinl! and. Failure to Appear at JUry Trial. inclusive of fees and charl!es associated with any default taken under ORS 153.102. if the Court makes a written findinl! based on evidence in the record that the failure to appear was due to circumstances beyond the control of the defendant and otherwise throul!h no fault of the defendant. 4.35.040 Deductions from Posted Bail or Security/ Return A. Application. In the event posted bailor financial security is forfeited for any reason. includinl! but not limited to. violation of a security release al!reement. or applied to discharl!e monetary oblil!ations imposed in a iudl!ment. the applicable fees and charl!es prescribed in the resolution shall be deducted from posted bailor financial security. unless properly waived or reduced pursuant to AMC 4.35.030. B. Return charl!es. If all monetary and other oblil!ations are discharl!ed and posted financial security is returned. the Court shall retain administrative charl!es. of fifteen (15%) percent of the security. and not less than five dollars ($5.00). exclusive of interest per ORS 135.265. 4.35.050 Additional Monetary Oblil!ations All City fees and charl!es specified in this ordinance and implementinl! resolution shall be monetary oblil!ations in addition to. and not in lieu of. any other State or County Page 3 of 5 assessments. Such local fees and chan!es. t02ether with State and County assessments shall be added to. and shall not be deducted from. minimum fines specified bv state statute or local ordinance. 4.35.050 Inherent Power of Court to Impose Fees. The Court has inherent power pursuant to 2enerallaw to impose additional fees and char2es established bv City ordinance or state law in addition to the fees and charl!es specified herein. 4.35.060 No Taxation. The City Council determines that the Municipal Court Administration Fees and Char2es authorized bv this chapter and imposed bv resolution of the City Council are not taxes subiect to the property tax limitations of the Ore20n Constitution. 4.35.070 Not applicable to Parkin2. The fees and char2es authorized bv this chapter and the resolution do not applv to citations for violation of parkin21imitations established bv city ordinance. resolution or order. SECTION 4. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or. circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal 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, and typographical errors and cross references may be corrected by the City Recorder, provided however that Section], and Sections 4 and 5, unincorporated Whereas clauses and boilerplate provisions and Exhibits (i.e. attached Resolution, etc.) need not be codified. 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 , 20 10, and duly PASSED and ADOPTED this day of ,20] O. Barbara Christensen, City Recorder Page 4 of5 SIGNED and APPROVED this Reviewed as to form: Megan Thornton, Interim City Attorney day of Page 5 of5 ,2010. John Stromberg, Mayor RESOLUTION NO. 2010- A RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION OF THE ASHLAND MUNICIPAL COURT Recitals: A. Section 4.35 of the Ashland Municipal Code specifically authorizes the City Council to establish fees and charges for Administration of Municipal Court; by Resolution of the City Council; and B. On April 20, 20]0, December 7, 2010, and December 2],20] 0, the Ashland City Council provided an opportunity for public comment on the proposed fees and charges contained herein in accordance with ORS 294.160(1); and C. The Council finds and determines that the imposition of administrative fees and charges is appropriate to support the efficient and cost effective operation of the Ashland Municipal Court; and THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION]. Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the following fees and charges set forth in Table]. and described in the incorporated Instructions below, are hereby approved and established and shall have the full force and effect oflaw: TABLEt CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES COURT ADMINISTRATION FEES CRIME VIOLATION OTHER Appeal Transcript Fee $35.00 $10.00 Bench Trial $60.00 $30.00 City Attorney Deferred Sentence/Diversion $60.00 $40.00 Civil Compromise Costs $75.00 N/A Compliance Inspection Fee N/A $25.00 Court Appointed Counsel Fees and Charges as billed .. N/A Default Judgment N/A $15.00 See See Discovery - Fees imposed in accordance with Miscellaneous referenced referenced Fee & Police Department Fee Resolutions Resolutions Resolutions Diversion by Municipal Court: Class] -IV, Unclassified Base Fine + and Specific Fine Violations N/A $25.00 Domestic Partnership Registration N/A N/A 25.00 Extend/Amend City Attorney Deferred Sentence/Diversion $45.00 $45.00 Failure to Appear for Bench Trial/Show Cause hearing $90.00 $70.00 Failure to Appear for Jury Trial $150.00 N/A Forfeiture of Security $25.00 $25.00 ]nstallment Fee $25.00 $25.00 Jury Trial $100.00 N/A Page I of2 Mediation of violation (Municipal Court Mediation). N/A $65.00 $25.00 + $25.00 + Non Sufficient Funds Check bank costs bank costs Warrant $25.00 $25.00 Withholding on County Assessment ] 0% at monthly distribution SECTION 2. The following fees are not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 2], 26 and 27. (These are currently set to expire on June 30,20] I). Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the following fees and charges set forth in Table 2, are hereby approved and these fees shall become effective upon the expiration of Oregon Laws Chapter 659 or any subsequent legislation extending the fees and charges of that chapter. TABLE 2 COURT ADMINISTRATION FEES CRIME VIOLATION Court Costs $35.00 $45.00 Expunction $250.00 $0.00 Show Cause Admission of Allegation $25.00 $10.00 Bench Probation Fee $100.00 N/A SECTION 3. All other fees and charges inconsistent with the fees and charges set forth herein are repealed. . Nothing in this Resolution is intended to detract from the inherent power of the Court pursuant to general law to impose fees and charges established in state law or City ordinance in addition to the fees and charges specified herein. SECTION 4. .This Resolution was duly PASSED and ADOPTED this day of ,2010, and after signing by the Mayor takes effect on July], 20] O. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Reviewed as to form Megan Thornton, Interim City Attorney Page 2 of2 Instructions for Application of Municipal Court Fees and Charges 01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks must prepare what is known as a transcript on appeal for transmittal to Circuit Court (This is a compilation of certified documents filed in the case - not a verbatim transcript). This fee is established to recover the cost of this certified copy and transmittal service. The Ashland Municipal Court is not currently a Court of Record. [See ORS 221.342.] Accordingly, appeals to Circuit Court are de novo, that is, the matter is tried anew, as if nothing had happened below. [See e.g. ORS 138.057(1)(a)(f); ORS 221.359; ORS 157.010 ,ORS 53.090]. 02. Bench Probation Fee. This fee continues a $100 surcharge fee imposed in Oregon Laws Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the defendant is placed on probation under the supervision of the Court. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27. (These are currently set to expire on June 30, 2011). 03. Bench Trial. No deposit is required for a bench trial which is a trial before the Court without a jury. No fee is charged a defendant who is found not-guilty following a bench trial on a violation or a misdemeanor. If the defendant is found guilty after trial, the City Charter [Article 9, Section 1] specifically authorizes recovery of the cost of the prosecution. This fee is established to recover the cost of the time spent by the Judge, court staff, and city staff. Fees for less complicated violation trials are less than misdemeanor bench trials. Allowance is provided for reduction or waiver of the fee in AMC 4.35.030 C. Trial Fee is not charged if Defendant is found not guilty of the offense charged and all lesser included offenses pursuant to AMC 4.35.030. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. 04. City Attorney DiversionlDeferred Sentencing Agreement [ORS 135.881].- ORS 135.881 expressly permits a City Attorney to divert or defer certain criminal offenses such that there is no adjudication in the criminal justice system - no judgment and no sentencing order. A defendant enters a plea which is held while the defendant performs community service or some form of treatment. Successful completion of the diversion/deferred sentence results in dismissal of the charge. Failure to comply results in revocation and formal sentencing by the Court. This fee is established to recover the cost of establishing and monitoring diversion/deferred sentence agreements through the City Attorney's office and Court. For purposes of fees and charges, a conditional discharge on motion of the city attorney under ORS 137.533 is assessed the same fees and charges as diversion/deferred sentence. Court-appointed counsel fees and charges may not be waived if part of plea bargain or stipulated to as part of a compromise. AMC 4.35.030. Plea bargained diversions, . deferred sentences, and compromises may include neQotiated waiver of fee. Page 1 of 7 05. Civil Compromise Costs [ORS 135.703(1) & (2)]. Certain criminal offenses may be civilly compromised. The civil compromise statute [ORS 135.705] requires acknowledgement of satisfaction by the victim, in writing, and payment of all costs and expenses incurred, [including court appointed attorney fees] as a prerequisite to exercise of the Court's discretion to dismiss the charge. This fee is established to recover the administrative costs associated with civil compromise, including assurances that the victim has been satisfied and not coerced. , Court-appointed counsel fees and charges may not be waived if part of plea bargain or stipulated to as part of a compromise. AMC 4.35.030. Plea bargained compromises may include negotiated waiver of fee. 06. Collection Fee [25%with a maximum of $250: ORS 137.118]. Oregon statutes allow a Municipal Court to add a collection fee to a money judgment in a criminal action. The fee is dictated by state statute and may not exceed 25% of the monetary obligation and shall not in any case exceed $250.00. The fee shall be waived if the defendant pays as agreed - Le. the defendant pays in accordance with payment schedule arranged by the Court. If the Court show causes the defendant for failure to pay [e.g. ORS 161.685] for a violation or a crime, and the defendant has not paid as agreed, then the fee is not waived - because the defendant did not "pay as agreed.". Additional charges may also be imposed when cases are assigned to a collection agency. 07. Compliance Inspection Fee. This fee is imposed on violations when an inspection by police, code compliance or court staff is required to dismiss the ticket. This is the final step in a "fix it" ticket. The Court, Police or staff physically inspects to make sure the problem is corrected. 08. Court-Appointed Attorney Fees and Charges. State law prohibits paying court appointed counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for court appointed counsel appointed after the effective date of the fee resolution shall be fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is increased to four hundred dollars ($400.00) when there is a bench trial and six hundred dollars ($600.00) when there is a jury trial. The rate is per defendant, including all associated cases; however each case that requires a bench trial or jury trial is subject to an additional one hundred dollar s($100.00) or three hundred dollars ($300.00) per case, over the $300 no-trial cap, respectively. Court appointed counsel fees and costs may only be imposed, reduced or waived by the Court when supported by findings and evidence in the record, in accordance with requirements of state law. 09. Court Costs. This is the standard Court fee imposed for administrative costs associated with resolution of any misdemeanors or violation. The fee is charged when the Court finds a defendant guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes a default based upon an alleged violation of a state law or city ordinance. There are different fees for violations and crimes. There is an allowance Page 2 of 7 for the Judge to waive court costs for additional cases/counts resolved on the same day as the first case, provided the first case is fully charged and is as serious as subsequent cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule and is therefore paid in all cases where the ticket is uncontested. See note 19 in Resolution regarding suspension of this fee while state surcharge is in effect. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. The Court may also reduce or waive this fee for additional cases/counts resolved on the same day as the original offense when subsequent offenses are equal to or lesser than the original offense. AMC 4.35.030. This fee is not imposed during the operative period' of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are currently set to expire on June 30, 2011 ). 10. Default Judgment. The Court mav take a default judgment on a non-criminal violation if the defendant fails to appear at first appearance [ORS 153.102(1 )]. The default fee applies also when the City Attorney reduces a crime to a violation and when the Court, with the consent of the City Attorney, reduces a charge to a violation upon a failure to appear. [See. ORS 161.566 & ORS 161.568] However, State, County and City misdemeanor assessments remain applicable. The Court shall take a default judgment when the defendant fails to appear for trial or subsequent to first appearance in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a default judgment by filing a motion, filed with the Court and served on the City pursuant to ORS 153.105. 11. Discovery. Discovery fee is charged for police records associated with an ongoing criminal case whether or not the defendant is represented by legal counsel. The fee is $12.00. Pursuant to Oregon law to protect victims of crimes, certain victim and witness information must be redacted (withheld)[ORS 135.815]. Other requests for public records are addressed pursuant to Miscellaneous Fees Resolution 2007-44 and subsequent Resolutions. When Discovery exceeds 20 pages, the discovery fee is increased to $15.00, additional charges for tapes, DVDs, and photos, apply per Miscellaneous Fees Resolution 2007-44 and subsequent resolutions. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. 12. Diversion of Violation by Municipal Court. The Judge may divert violations, unless prohibited by statute or ordinance. However, the Court's authority to reduce fines for violations is strictly limited by statute. Whether the violation is a Class I, II, III, IV, or unclassified violation the Court, "notwithstanding any other provision of law, may not defer, waive, suspend or otherwise reduce the fine for a violation to an amount that is less than 75% of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are also limited. Accordingly, even if the Court attempts to keep a violation off a defendant's record by diverting it, the reduction in the fine is limited bv state statute. Base Fines are calculated usinq the Page 3 of 7 formula in state law and City Ordinance and the fines differ based upon the classification of the offense. Essentially the base fine is one half the maximum fine with all assessments, including state, county and city assessments. The violation diversion fees set forth on the table below represent the base fine (including City Court Cost and Court Security fee), plus a uniform $25.00 diversion fee: State base 'City Base Fine fine w/o (including City Base Fine surcharae Class of Offense Diverted Court Costs\ . w/Diversion Fee $427 Court Diversion: Class I Violation $472.00 $497.00 $242 Court Diversion: Unclassified Class II Violation $287.00 $312.00 $242 Court Diversion: Class II Violation $287.00 $312.00 $145 Court Diversion: Class III Violation $190.00 $215.00 $97 Court Diversion: Class IV Violation $142.00 $167.00 varies Court Diversion: Soecific Fine Base Fine (BF) BF+ $25.00 'The City Base fine including Court Costs is equivalent to the base fine including the state surcharge for corresponding classes of state law violations. Base Fines are established by the formula or by adopted bail schedule. The specified diVersion fee is added to the base fine. State law prahibits the Court from deferring, waiving, suspending or otherwise reducing the fine for a violation below 75% of the base fine amount for Class A, B, C, D violations and unclassified violations of state law. ORS 153.093(1)(a). Assessments and fees are "in addition to" fines, including minimum fines, not "in lieu of' or deducted from them. ~RS 137.290(1). ORS 137.309(2). AMC 4.35.040. Court diversion fees for misdemeanors are not specified because the Court has no legal authority to divert misdemeanor offenses. [ORS 135.881 grants diversion authority to City Attorney]. 13. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has established a specific procedure for marijuana possession less than an ounce, diversion in ORS 135.907 ORS 135.921. The specified fee is the required fee a defendant must pay to file a petition for a marijuana diversion pursuant to ORS 135.921. An additional evaluation fee of $90.00 must be paid to the agency providing the required diagnostic assessment. The filing fee may be paid on an installment basis and the judge may waive all or part of the filing fee in cases of an indigent defendant. [ORS 135.909] Without this statutory marijuana diversion process, the minimum fine and assessments under state statute for possession'of less than an ounce of marijuana would be $603.00 ($500 min fine, $37 state unitary assessment and $66 county assessment). City assessments would add $20.00. [State surcharges (e.g. $100.00\ are not reflected in this fee.' Page 4 of 7 14. Domestic Partnership Registration. The City of Ashland has a register for domestic partners that pre-dates the Oregon State Statute providing for County Registration. 15. Drivers License Suspension. This $15.00 fee is specifically identified in ORS 809.267 to be imposed whenever the Court suspends or restricts the driving privileges of a defendant for failure to comply with a court order or any conditions imposed by the court or failure to pay a fine or for failure to appear as required by ORS 153.061. 16. Driving Record Traffic Offenses (certified) tORS 153.624]. State law mandates that "in addition to any other costs charged a person convicted of a traffic offense, a court shall charge as costs and collect from any person convicted of a traffic offense any costs incurred' in obtaining any driving records relating to the person." The cost of a certified record and accompanying documents from the DMV is now $11.50; $3.00 for a certified copy alone. 17. Expunction. This fee is to reimburse staff for administration of the process to seal the records of a Municipal Court conviction or an arrest per ORS 137.225. See note 19 in Resolution regarding suspension of this fee while state surcharge is in effect. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27. (These are currently set to expire on June 30, 2011). 18. Extend/Amend City Attorney DiversionlDeferred Sentence. On occasion a City Attorney diversion or deferred sentence needs to be extended or revised. This typically occurs when the defendant is given additional time to satisfy an obligation, or requests a change in the obligations. Extensions or amendments are also negotiated in lieu of revocation and formal sentencing. This involves negotiating, drafting and processing an amendment. This fee is intended to recover this cost. 19. Failure to Appear for Bench Triall Show Cause Hearing. Substantial expense is involved in preparation for a bench trial on a violation or crime. This fee reimburses the City for preparation wasted when the defendant fails to appear (e.g. includes witness fees, subpoenas, officer overtime, staff or attorney time, court staff and judge time.) The fee is required to be waived if, based on competent evidence, the Court finds that the failure to appear is due to circumstances beyond the control of the defendant and through no fault of the defendant. AMC 4.35.030. , 20. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for a jury trial. This fee reimburses the City for preparation wasted when the defendant fails to appear (e.g. includes jury fees, witness fees, subpoenas, officer overtime, staff and attorney time, court staff and judge time.) The fee is required to be waived if, based on competent evidence, the Court finds that the failure to appear is due to circumstances beyond the control of the defendant and throuqh no fault of the Page 5 of 7 defendant. AMC 4.35.030. 21. Forfeiture of Security. This fee covers the cost of providing notice that security posted by the defendant will be forfeited pursuant to the process set forth in ORS 135.280. This process is often combined with a warrant. 22. Installment Fee. When the Municipal Court sets up an account for defendant to pay a monetary obligation over time, the Court may charge a fee for setting up the account. This fee may be waived by the Court for additional cases resolved on the same day as the original offense when subsequent offenses are equal to or lesser than the original offense. AMC 4.35.030. The Court may also charge interest when judgments are paid over time. 23. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010. The interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The municipal judge may waive all or part of the interest payable on a criminal judgment in accordance with AMC 4.35.030. ORS 137.183(3). Generally, criminal judgments begin to accrue interest on the date the judgment is entered. Criminal judgments bear interest for a period of 20 years after the judgment is entered. 24. Jury Trial. No deposit is required for a jury trial, although Oregon law authorizes a deposit (up to $60.00) in certain circumstances. ORS 221.354(3) No fee is charged a defendant who is found not-guilty following a jury trial on a misdemeanor. This fee applies if a defendant has been found guilty or settles the case less than 18 hours before the jurors report to the Court for the scheduled trial. Allowance is provided for reduction or waiver of the fee in AMC 4.35.030. 25. Mediation ofviolation (Court Mediation). [AMC 2.28.190] Ashland Municipal Code specifically authorized the Court to offer mediation on a violation offense. This fee is intended to recover the costs incurred in pursuing mediation. The cost of . mediation will be added to the fee. 26. Non Sufficient Funds Check. This fee is charged by the City for checks returned for non-sufficient funds. In addition, the fees charged by the bank will also be due and payable by the person presenting the non-sufficient funds check. 27. Reimbursement of per Diem Jail Cost The Municipal Court may impose a requirement that defendant pay the cost of incarceration as general condition of probation. State v. Johnston, 176 Or App 418, 31 P3d 1101 (2001) This per diem cost is consistent with ORS 169.151 (2) which also expressly permits the city to pursue legal action (civil suit)against defendants for the per diem cost of incarceration. ) 28. Show Cause Admission of Allegation. This fee (also generically known as probation violation) is imposed to recover the cost of the process to hold defendants to the conditions of their probation or other orders of the Court. This may include but is not limited to Drobation violations, diversion and deferred sentence revocations, as well Page 6 of 7 as the terms and conditions of other Court obligations. Included in this process is the process for show cause for failure to pay on violations and crimes (punishable by up to 30 days jail pursuant to ORS 161.685). This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. This fee may be waived or reduced by the Court for additional cases/counts resolved on the same day as the original offense when subsequent offenses are equal to or lesser than the original offense. AMC 4.35.030. This fee is not imposed during the operative period of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are currently set to expire on June 30, 2011). 29. Warrant Issued. This fee covers the cost of warrant issuance by the Court for both violations and crimes. This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC 4.35.030. This fee may be waived or reduced by the Court for additional cases/counts resolved on the same day as the original offense when subsequent offenses are e\1ual to or lesser than the original offense. AMC 4.35.030. 30. Withholding on County Assessment. ORS 137.309(8)(b) specifically authorizes the City to withhold an amount equal to the reasonable costs incurred by the clerk in collection and distribution of the County assessment imposed in ORS 137.309. 31. Witness Fee. This fee simply reflects the statutory fee for witnesses currently set at ten dollars, plus mileage. Revised November 23. 2010 Page 7 of 7 CITY OF ASHLAND Council Communication Approval of a Public Contract for Television Services to Ashland Home Net Meeting Date: December 7, 2010 Primary Staff Contact: Rob Lloyd Department: AFN E-Mail: Iloydr@ashland.or.us Secondary Dept.: None Secondary Contact: Michael Ainsworth Approval: Martha Bennet Estimated Time: 15 Minutes Question: Will the City Council, acting as the Local Contract Review Board, approve the award of a public contract to Ashland Home Net for AFN Television Services? Staff Recommendation: Staff recommends that the public contract be awarded to Ashland Home Net. Background: The sourcing method for this public contract is a Competitive Sealed Proposal/Request for Proposals. The RFP was mailed to 13 recipients and the City received one qualified (I) proposal in response to the RFP. An evaluation committee consisting of two City employees and two external representatives with expertise in cable television, accounting, and telecommunications franchise administration scored the proposal in accordance with the evaluation criteria established within the RFP. The evaluation score sheet, including a breakdown of the evaluation criteria and scores, is attached for your review. The evaluation committee recommended the public contract be awarded to Ashland Home Net. The contract is in final negotiations with an expected term of four years, with a one-year extension at the Ci.ty's option. Under the terms of the proposed contract, Ashland Home Net will be required to maintain a City business license and franchise. Related City Policies: Section 2.50.070 Procedure for Competitive Bids All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following: Council Options: City Council, acting as the Local Contract Review Board, can approve the award of the contract or decline to award with instructions to staff. Potential Motions: Move that City Council, acting as the Local Contract Review Board, approve (or deny) the award of the AFN Television Services contract to Ashland Home Net. Attachments: Terms Agreement Evaluation Score Sheet Page I of] ='~ ., CITY OF ASHLAND Televisions Services Contract Terms Following are the terms currently in place and in negotiation with Ashland Home Net for AFN's Television Services contract, pending award by City Council. Agreed Terms: I. Annual Base Operating Fee payment of $200,000 per year, paid quarterly. 2. Must maintain a valid City of Ashland Business License. 3. Must maintain a valid City of Ashland Franchise Agreement. Agrees to accept updates to terms when the City sets its new franchise requirements and right-of-way ordinances. 4. Accepts Miscellaneous Charges and Fees for installations, outlet installations, traps, AFN consults, and staff screenings. Ashland Home Net passes these fees on to its customers. 5. Revenue sharing with AFN above Base Operating Fee when customer counts hit 3000-3500, 3501-4000, and 4001 and above. 6. Defined calculation of gross revenue at average revenue per customer account. 7. Right ofCity/AFN to require Special Examinations of Revenue Sharing payments. As negotiated, costs would be split equally, unless payments were deficient by more than 3%, at which level the vendor would pay all costs. 8. Four-year term with a one-year extension at the City's sole option. Extensions would be based on growth and customer service performance. Maximum term of five years. 9. Investment to add high-definition channels. 10. Must maintain a storefront location in the City of Ashland's urban growth boundary. II. Must maintain qualified staff and have customer service available to customers during at least normal business hours. 12. Shared ownership of customers prohibiting sale, transfer, or other disposition of customer accounts without mutual agreement. 13. Access to and use of City/AFN facilities, including purposes of use. 14. Minimum customer count of2000 by the end of year one of contract, followed by 2350,2600, and 2850 in subsequent years. 15. Must maintain City head-end assets in working repair. 16. Must issue a customer service survey at least once per year and achieve a positive rating of at least 75%. 17. Ashland Home Net carries all liability associated with its rendering of television services and compliance with applicable laws and regulations. 18. 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M ! ft't '" ,... o co '1"'4 en .ll CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Telecommunications Utility Report December 7, 2010 Primary Staff Contact: Information Technology E-Mail: Secondary Contact: Martha Bennet Estimated Time: Rob Lloyd Iloydrialashland.or.us Michael Ainsworth 10 Minutes Question: Does the Council have questions regarding the status of the telecommunications utility's performance against its strategic goals and performance measures? Staff Recommendation: None. This is intended as an informational update. Background: The Ashland Fiber Network Strategic Business Plan includes a requirement that the Information Technology Department update Council on the status of the telecommunications utility twice per year. IT will provide its first report and review AFN's current performance on the strategic goals set the in the Strategic Business Plan. On its goals, AFN has performed as follows to date: I) Serve as a Self-Sustaining Utility a New products are coming with the award of AFN's television contract and issuance of the AFN Master Contracts. a AFN paid a debt share of$700K in FY2011. AFN's goal remains to achieve a debt share of$460K in FY2012 and FY2013. a Internet bandwidth costs were reduced by just over 70% from FY20] 0 rates. A portion of these savings were used to upgrade network capacity and redundancy. As bandwidth consumption continues to increase, net savings will also decline. This exceeded the goal to reduce costs by at least 50%. a AFN has reduced its operating costs by almost 3% to date. This will fluctuate as bandwidth a cost rise, but puts AFN on its way to achieving its two-year goal to reduce expenses by at least 5%. 2) Serve as a Community Resource a Staff is working on the Emergency Notification System with Jackson County and the City of Medford. The group is reviewing features and IT plans on requesting approval of an Intergovernmental Agreement with Ashland Police Department and Ashland Fire and Rescue in December 20] 0 to release the service to Ashland citizens in January 2011. a As planned, AFN created the $9 Community Connect Internet product and incorporated the requirement into the Master Contract RFP. a AFN staff continues to work with the Ashland Chamber of Commerce on products and services that will serve the needs oflocal businesses. Offerings to attract and retain businesses for economic development purposes have also been discussed. AFN plans to reach out to SOREDI in the first part of 20] I. Page 1 of2 ~4. ...11 CITY OF ASHLAND o AFN management agreed to work on the Rogue Valley Workforce Development Council on initiatives to generate and support efforts that attract technology jobs to the area. 3) Expand Market Share o AFN is updating rates with ISPs to remain competitive. o AFN's market share up just over I % since the Strategic Business Plan was approved by Council in August. Total market share now stands at 42%. AFN's two-year goal is 53%. o Staff completed the WiMax project and coverage is now almost 97% of Ashland. This is I % away from AFN's two-year goal to increase coverage area from 90% to 98%. o AFN is currently maintaining a customer chum rate of under 15%. The goal rate is less than 20%. 4) Provide Customer Service Excellence o AFN plans to release a customer service survey in the second quarter of 20 I I. This will allow for introduction of AFN's new products and rates, as well as a few months for the changes to stabilize with customers. o The Utility Billing Division began referring AFN's services with utility connections in late- October 2010. As of the end of November, AFN is converting over 50% of all inquiries into new customers and 100% of all Utility Billing referrals. o AFN staff completed 100% of its network projects on time and within or under budget. Overall capacity has been increased by more than 400% and the three-month jump in customer use of bandwidth was met without issue. Projects continue on physical. redundancy and routing improvements. There are three primary concerns related to AFN's direction to make City Council aware of: (l) Existing Internet Service Providers (ISPs) will continue to have some objections to some terms. Specific items of concern include sharing ownership of customers with AFN, AFN's offering of Internet connectivity directly to 'consumers, and how rates and their margins take shape. AFN will continue to work with existing and new vendors to incorporate their needs into contracts and terms (2) The growth in Internet bandwidth use accelerated far more rapidly than planned. AFN management will need to continue to plan for and address bandwidth capacity and costs. Staff expects the holiday season and consequent acquisition of network-enabled devices by consumers to result in a new and much higher baseline by March 2011 than what AFN has seen historically. (3) Public Utilities Commission inspections will result in additional staff work to correct issues found in the plant for AFN. AFN will coordinate its work with Ashland's Electric Department to complete corrections prior to deadlines. Related City Policies: None Council Options: City Council can instruct staff to follow up with information on related items. Potential Motions: None. Attachments: None. Page 2 of2 ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ordinance Creating a New Chapter 13.30 - Relating to the Advance Financin~ of Public Improvements December 7, 2010 Primary Staff Contact: Michael R. Faught Public Works E-Mail: faughtm@ashland.or.us N/ A Secondary Contact: Megan Thornton Martha Benne Estimated Time: 15 minutes Question: Should the Council approve first reading of an ordinance amending chapter] 3 to add provisions concerning Advance Financing of Public Improvements and move the ordinance on to second reading? Staff Recommendation: Staff recommends Council approve the first reading of this ordinance and set second reading for December 21, 2010. Background: At the October 19,2010 Council meeting, staff presented the first readingofa new ordinance adding a new chapter to the Ashland Municipal Code Chapter 13.30 - Relating to the Advance Financing of Public Improvements. During the Council discussion of the proposed ordinance, the City Recorder requested additional information on how liens would be handled, recorded and tracked. Draa Ordinance Uodated Staff then engaged Special Council Pam Beery's firm to research the City Recorder's question regarding the processing of advance financing of public improvement liens. The City learned that Ms. Beery's firm had recently defended an Advance Financing of Public Improvements case for another community and subsequently recommended removing language providing an option to lien the property. Given the special council expertise in reimbursement ordinances, staff further requested Ms. Beery's firm to review the entire proposed Advance Financing of Public Improvement Ordinance and recommend further changes. To that end, the new draft ordinance includes language reflective of the Advance Financing of Public Improvement Ordinance ITom the other community. While the basic application of the proposed ordinance is the same, this updated draft ordinance includes substantial changes to the first draft staff proposed on October 19,2010. Those changes include: . Additional clarifying whereas clauses . Add/delete definitions . Removed purpose . Clarified the application process . Clarified staff analysis (renamed City Engineer's report) . Clarified amount to be reimbursed . Clarified Council action Page 1 of3 ~~, CITY OF ASHLAND . Clarified reimbursement agreement . Clarified payment requirements . Removed property lien options. Advance Financinz or Public lmorovements Rationale Most new private developments require the upgrade of public facilities. Unless these projects meet the requirements ofa Systems Development Charge or a Local Improvement District, the cost of these upgrades is paid for by the developer and/or the City. When the developer is required to install larger capacity facilities to meet the demands of future development, they (or the City) shoulder the burden of the increased costs. As a result, future property owners get the full benefit of the new facility without paying their proportionate share of the costs. Currently, there are only two methods of charging benefited property owners their share of public improvement projects. Such methods include a System Development Charges (SDC) or the formation of a Local Improvement District (LID). I. SDC's: The collection of SDC's are payable upon and as a condition of approval: a. The issuance or approval of a building or plumbing permit for a development; b. A permit for a development not requiring the issuance of a building permit, or c. A permit or other authorization to connect to the water, sanitary sewer, or d. Storm drainage system (AMC 4.20.070). The amount of the SDC is based on the cost of the capital improvement attributed to growth and identified on the Capital Improvement Project (CIP) list. This method collects revenue for future capacity projects identified in the adopted Master Plan CIP lists. When developers or the City constructs one of the approved SDC projects, SDC's can be used to reimburse the City or a developer. 2. LID: A Local Improvement District (LID) is an existing tool to construct public facilities, generally in an existing facility or neighborhood (street, transit, parking, sewer, water, irrigation, etc.) and distributes the cost of public improvement projects based on benefited use. An LID assessment is assessed to the property owner immediately and the debt can be financed over a period of at least ten (10) years. A third option is Advance Financing which is similar to the formation of a Local Improvement District (LID) in that it distributes the cost of public improvement projects based on benefited use. The difference between the two financing options is that an LID assessment is due immediately. The Advance Financing method is due when the benefited property owner hooks into the public improvement. Kev Elements of Revised ProfJosed Ordinance I f the Council desires to provide a third financing option for developer conditioned or for pubic initiated public improvements then staff recommends adding a new chapter of the municipal code 13.30 titled Advance Financing of Public Improvements. Some of the key elements of the new proposed Advance Financing Ordinance are as follow: . Public Improvement: All capital facilities (including plant facilities) associated with water, sanitary sewer, storm water, street (including bicycle lanes) and or sidewalk facilities or the Page 2 of3 .~. .."11 CITY OF ASHLAND undergrounding of public utilities . Person: Means a natural person, finn, partnership, corporation, association or any other legal entity, be it public or private and/or any agent employee or representative thereof. . Citv Engineers Report: The Public Works Department receives Advance Financing applications and prepares an analysis (capacity sufficient, area of proposed district, costs, administration costs, meeting city standards, etc.) of the proposed public improvement. . Amount to be Reimbursed o Limited to . Cost of construction . Engineering . Right-of-way purchase costs . Financing . legal · Public Hearing: An infonnational public hearing before the City Council shall be held to give the persons impacted an opportunity to comment on the proposed Reimbursement District. . Council Action: At the conclusion of the public hearing, the council approves, rejects or modifies a district and the City Administrator causes the creation of an agreement between the applicant and the City. . Obligation to Pay o When a person applies for and receives approval from the City for the following: . Building pennit for new building, existing building exceeding 25% of the value . Any alteration, modification or change in the use of real property . Property within the District uses the public improvement Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: I. Move to approve First Reading of the ordinance and set second reading for December 21, 20 10. 2. Postpone First Reading to a date certain. Potential Motions: Staff: Conduct First Reading: Council: Move to approve First Reading of the ordinance and set second reading for December 21,2010 Attachments: Proposed ordinance Page) of3 ~~, ORDINANCE NO. AN ORDINANCE RELATING TO REIMBURSEMENT DISTRICTS AND ADDING CHAPTER 13.30 Annotated to show aeletioHs and additions to the code sections being modified. Deletions are bold ,. ~ 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; 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.lnternational Ass'n of Firefighters, Local 1660. Beaverton Shop, 20 Or. App. 293,53] P 2d 730, 734 (1975); WHEREAS, the City Council recognizes the City has a limited financial ability and resources to construct all appropriate infrastructure necessary for development of all private property throughout the City; WHEREAS, the City Council recognizes the need to have an array of financing vehicles at the City's disposal to pay for capital costs associated with installing and constructing the various types of public infrastructure needed for the City's health and welfare and that of its residents; WHEREAS, state law provides an array of financing devices to pay for public improvement and infrastructure including local improvement districts and system development charges; WHEREAS, the City Council recognizes that Ashland, as an Oregon home rule municipality, has the plenary authority to develop, implement and use other types of financing devices or vehicles for public improvements than those provided for under state . law; WHEREAS, the City Council knows that public bodies, including the City, may construct or install public improvements of various types that would benefit privately owned properties that have, as of the date of the installation or construction of the particular public improvement, not yet been fully developed and as a result have no immediate use for the City's newly installed or constructed public improvement; . Ordinance No. Page] of9 WHEREAS, the City Council recognizes that private property owners may, in the course of developing their respective properties, be either required by City Code or may independently choose to construct street, water, sewer or other .improvements which have the potential to benefit other privately owned properties and thereby relieve the owners of those other properties of the requirement for installing or constructing those self-same improvements as their properties develop; and WHEREAS, the City Council finds that a process or device should be created to allow for the imposition of a charge on property owners who benefit by and through the construction of such improvements, whether the improvements are constructed by the City or a private party, in order to allow for the equitable reimbursement thereof for capital and other costs associated with the construction of the' beneficial improvements, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION I. Sections 13.30,010 [Definitions] through 13,30,075 [Collection and Payment; Other Fees and Charges] are hereby added to read as follows: 13,30.010. Definitions The following terms are definitions for the purposes of this Chapter (Chapter 13.30). A. City Enl!ineer or Enl!ineer means the person holding the position of Director of Public Works or such other officer, employee or agent designated by the Councilor City Manager to perform the duties set out for the City Engineer in this Chapter. S. City means the City of Ashland, C. Person means a natural person, firm, partnership, corporation, association or any other legal entity, be it public or private and/or any agent, employee or representative thereof. D. Applicant means a person who is required or chooses to finance some or all of the cost of a street, water or sanitary sewer or storm water improvement, which improvement is also available to serve or benefit property other than that of the applicant, and who in turn applies to the City for reimbursement of the expense of the improvement. E. Street Improvement, Water Improvement, Sewer Improvement and Storm Water Improvement mean respectively: I. A street or street improvement, including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public rights-of, way; 2, A water facility or water line improvement, including but not limited to, extending a water line to property (other than property owned by the applicant) so that water service can be provided for such other property without further extension of the line; 3. A sanitary sewer, sewer line, or other facility improvement, including but not limited to extending a sewer line to property (other than property owned by the applicant) so that sewer service can be Ordinance No. Page 2 of9 provided for such other property without further extension of the line; and 4. A storm water improvement, including but not limited to extending a storm water line to property (other than property owned by Ihe applicant) so that stormwater disposal for such other property can be provided without further extension of the line; conforming with standards and specifications set by the City. F. Public Improvement means (as appropriate) all capital facilities (including plant facilities) associated with water, sanitary sewer, storm water, street (including bicycle lanes), and/or sidewalk facilities or the undergrounding of public utilities. G. Reimbursement Al!.reement means the agreement between an Applicant and the City (as authorized by the City Council and executed by the City Manager) providing for the installation of and payment for public improvements within a Reimbursement District. H. Reimbursement District means the area determined by the City Council to derive a benefit from the construction of public improvements financed in whole or in part by an Applicant. I. Reimbursement Fee means the fee established by resolution of the City Council and required to be paid by persons within a Reimbursement District once they utilize the Public Improvement. J. Utilize means to use or benefit from a Public Improvement, to apply for a building or other permit which will allow for the use or increase in the use of a Public Improvement or to connect to a Public Improvement. 7 13.30.015. Application for a Reimbursement District A. Any Applicant who finances some or all of the cost ofa Public Improvement available to provide service or benefit to property other than property owned by that person may, by written application filed with the City Engineer, request the City establish a Reimbursement District. The improvement(s) must be in a size greater than that which would otherwise ordinarily be required and must be available to provide service to property other than that owned by the applicant. Examples include (but are not limited to): I. Full street improvements instead of half street improvements; 2. Off-site sidewalks; 3. Connection of street sections for continuity; 4. Extension of water lines; and 5. Extension of sewer lines. B. All applications shall include the following: I. A description of the location, type, size and cost of the Public Improvement eligible for reimbursement; 2. A map showing the properties to be included in a proposed reimbursement district; 3. The zoning for the properties; Ordinance No. Page 3 of9 4. The front or square footage of said properties (or similar data appropriate for calculating the apportionment of the cost of the improvement among the properties); and 5. A listing of the property(ies) owned by applicant. All applications shall be accompanied by a fee in an amount sufficient to cover the cost of administrative review and notice required by this Chapter as established by City Council resolution. S. In the event an application is submitted after the construction of the Public Improvement, the application shall also include information as to when the City accepted the Public Improvement as well as the actual cost of the improvements, evidenced by receipts, invoices or other similar documents. Until receipt of said information, the affected application will be deemed incomplete. C. In the event an application is submitted prior to the construction of the improvements, the application shall be accompanied by an estimate of the cost of the improvements as evidenced by bids, projections, or similar data. The application shall also include the estimated date of completion of the public improvement(s). Until the receipt of said information,the affected application will be deemed incomplete. D. An application may be submitted at any time prior to the installation of the Public Improvement but in no event later than] 80 days after acceptance of the improvement for which reimbursement is sought, unless the City Engineer, in hislher sole discretion waives this requirement. 13.30.020. City Engineer's Report The City Engineer shall review the application and other material submitted therewith and prepare a written report for the Council which will address (to the extent relevant) the following factors: A. Whether the Public Improvement for which reimbursement is sought has capacity sufficient to allow use thereof by property other than property owned by the applicant; B. The area proposed to be included in the reimbursement district; C. The actual or estimated cost of the improvements within the area of the proposed Reimbursement District and the portion thereoffor which the applicant should be reimbursed; D. A methodology for allocating the cost among the parcels within the proposed district and, where appropriate, defining a "unit" for applying the Reimbursement Fee to property which may be partitioned, subdivided or otherwise modified at some future date. The methodology should include consideration of the cost of the improvement(s), prior contributions by property owners, the value of the unused capacity, rate-making principles associated with the financing of public improvements, and such other factors as deemed relevant by the City Engineer; E. The amount to be charged by the City for administering the Agreement, to be fixed by City Council and included in the resolution approving and forming the Reimbursement District. The fee is due and payable to the City at the time the Reimbursement Agreement is signed; Ordinance No. Page 4 of9 F. The period of time that the right to reimbursement exists if that period is less than ten (10) years; and G. Whether the street, water and sewer improvements will meet or have met City standards. 13.30.025. Amount to be Reimbursed A. The potentia] amount of the reimbursement is limited to the following: I. The costs of construction; 2. Engineering (including surveying and inspection) costs in an amount not to exceed fifteen (15%) percent of the construction costs; 3. Off-site right-of-way purchase costs, limited to the reasonable market value ofland or easements purchased by the applicant from third parties to complete off-site improvements; 4. Financing costs associated with the improvement to the extent the financing costs are not attributable to the applicant's property or project; and 5. Legal and other expenses incurred by the applicant to the extent said expenses relate to the preparation and filing of the application, the preparation of the Report required by ] 3.30.020 and the hearing process set out in ]3.30.030 and 13.30.035. B. Regard]ess of amount or category, costs reimbursable or eligib]e for traffic impact fee credits or systems development charge credits which cannot be c1ear]y documented or which are attributable to the applicant's property or project are not reimbursable. C. By submitting an application that seeks reimbursement oflegal expenses, the applicant thereby waives any attorney/client or attorney work product privilege that may exist in attorney billing statements or records in support thereof. D. A reimbursement fee shall be determined for all properties which fall within the proposed Reimbursement District, including applicant's; however, the applicant shall not be reimbursed for that portion of the fee representing the benefit to the applicant's property. E. The applicant shall not be reimbursed for the portion of the reimbursement fee computed for property owned by the City or other governmental body. 13.30.030. Public Hearing A. Within a reasonable time after the City Engineer has completed the report required in Section 3, the City Council shall hold an informational public hearing in which persons impacted by the creation of the Reimbursement District shall be given the opportunity to comment thereon. B. Notice of the hearing shall be given not less than 10 nor more than 30 days prior to the public hearing date. Notice shall be given to the applicant and all owners of property within the proposed District, with notification by certified mail, return receipt requested or by persona] service. Notice shall be deemed complete as of the date notice is mailed or served; failure to receive actual notice of the hearing shall Ordinance No. Page 5 of9 not invalidate or otherwise affect any action of the City relative to the creation of the Reimbursement District and/or the costs associated therewith. C. Formation of a District does not result in an assessment or lien against property; as a result, the hearing is informational only and the District is not subject to termination as a result of remonstrances to the formation thereof. The City Council has the sole discretion, after the public hearing, to decide whether the District is to be formed or not. If a District is to be formed, a resolution approving and forming the reimbursement district shall be adopted. D. If a reimbursement district is formed prior to construction of the improvement(s), a second public hearing shall be held after the improvement has been accepted by the City when the Council may modify the resolution to reflect the cost of the improvement(s). 13.30.035. City Council Action At the conclusion of the hearing, the City Council shall approve, reject or modify the recommendations contained in the City Engineer's Report and manifest its action in a resolution. If a Reimbursement District is established, the resolution shall include a copy of the City Engineer's report as approved or modified and specify that payment of the appropriate fee as determined by the Council for each parcel is a precondition to receipt of any City permit necessary for development of that parcel. If a reimbursement district is established it shall be deemed formed as of the date the Council adopts the resolution referred to in Section 5 above. 13.30.040. Reimbursement Agre-ement If the Council approves the City Engineer's Report and thereafter creates a District, the City Manager shall cause the creation of an Agreement between the Applicant and City containing (at a minimum) provisions relating to the following: A. That the public improvement(s) will or do meet all applicable City standards; B. The amount of the potential reimbursement the applicant can expect along with a caveat that the total amount of any reimbursement will not exceed the actual cost of the public improvement(s); C. The annual fee adjustment, if any; D. That the applicant will guarantee the quality of the public improvement(s) for a period of not less than twelve (12) months after the date of their installation; E. That the applicant will defend, indemnify and hold the City harmless from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the District; and F. That the applicant acknowledges the City is not obligated to collect the reimbursement fee from affected property owners. G. The City may include other provisions as the City Council determines necessary to ensure compliance with this Ordinance. Ordinance No. Page 6 of9 13.30.045. Annual Fee Adjustment The City Council may, in its discretion, grant an annual adjustment to the amounts established as the Reimbursement Fee at the time of the hearing on the Engineer's Report. In the event such an adjustment is deemed appropriate, it shall be applicable to the fee beginning on the first anniversary of the date of the Council's approval of the application, be fixed and computed against the reimbursement fee as simple interest, and remain the same for each year the District exists. 13.30.050. Notice of Adoption of Resolution The City shall notify all property owners within the District (as well as the Applicant) of the adoption of the Resolution manifesting creation of the District. The notice shall include a copy of the Resolution, the date of its adoption and a short explanation of when the property owner would be obligated to. pay the reimbursement fee, the amount thereof as well any if there will be any adjustments thereto. 13.30.055. Recording the Resolution The City Recorder shall cause notice of the formation and nature of the Reimbursement District to be filed in the office of the Jackson County Recorder in order to provide notice to potential purchasers of property within the District of its existence. Failure to make such recording shall affect neither the legality of the resolution nor the obligation to pay any fee. ' 13.30.060. Contesting the Reimbursement District Any legal action intended to contest the formation of the Reimbursement District or fee must be filed, within sixty (60) days of the Council's hearing on the application consistent with the terms ofORS 34.010 to 34.100 (Writ of Review). 13.30.065. Obligation to Pay Reimbursement Fee A. A person applying for a permit related to property within a Reimbursement District shall pay to the City, in addition to all other applicable fees and charges, the Reimbursement Fee established by the City Council under the terms of this Ordinance if, within the time specified in the Resolution establishing the District, the person applies for and receives approval from the City for any of the following activities: I. A building permit for a new building or a permit for an addition, modification, repair or alteration to an existing building exceeding 25% of the value thereof within any 12-month period (not due to damage or destruction of the building by fire or natural disaster). "Value" as used above means the amount shown on the County's Department of Assessment and Taxation for the building's Real Market Value; Ordinance No. Page 7 of9 2. Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Ashland Municipal Code in effect at the time of permit application; 3. Connection to or use of a water, sanitary sewer, storm water or street improvement, if the district is based on that improvement. B. The obligation to pay the reimbursement fee arises and accrues as of the time property within the District utilizes the affected Public Improvement regardless of whether a person applies for and/or receives a permit connected with that utilization. C. The City Council's determination of which properties shall be liable for payment of the fee is final. Neither the City nor any officer or employee of the City shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination. D. A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modity or limit the authority of the City to provide or require access management. E. No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. F. The right to reimbursement shall not extend beyond ten (10) years from the District's formation date, subject to renewal at the option of the Council for one additional ten (10) year period. 13.30.070. Public Improvements Become Property ofthe City Public improvements installed pursuant to Reimbursement District agreements shall become and remain the sole property of the City. More than one public improvement may be the subject of a Reimbursement District. 13.30.075. Collection and Payment; Other Fees and Charges A. Applicants shall receive all reimbursement monies collected by the City for the public improvements they install. Such reimbursement shall be delivered to the developer for as long as the Reimbursement District agreement is in effect. Such payments shall be made by the City within 90 days of receipt of the reimbursements momes. B. The reimburst;ment fee is not intended to replace or limit any other existing fees or charges collected by the City. 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 Ordinance No. Page 8 of9 another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 20 10, 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: Megan Thornton, Interim City Attorney Ordinance No. Page 9 of9 CITY OF ASHLAND Council Communication Ordinance Relating to Adopting New Building and Structural Codes, Amending AMC Chapter 15 BuildinJ:: Codes, and RepealinJ:: Sections Meeting Date: December 7, 2010 Primary Staff Contact: Megan Thornton Department: City Attorney's Office E-Mail: thorntm@ashland.oLus Secondary Dept.: Community Deve ment Secondary Contact: Bill Molnar Approval: Martha Benne Estimated Time: 10 minutes Question: Will the Council approve First Reading of an ordinance titled, "An Ordinance Relating to Adopting New Building And Structural Codes, Amending AMC Chapter 15 Building Codes, and Repealing AMC 15.04.180, 15.08.020, 15.08.040, 15.08.050, 15.08.060, 15.08.D70, 15.] 6.020 Through 15.16.220, 15.16.250 Through 15.16.320, AND 15.16.360 Through 15.16.370" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance and set the matter for Second Reading. Background: . AMC Chapter 15 is amended to update references to the State of Oregon Building and Structural Codes and adopt the newest version of these codes. . Materials that are duplicative of state law or the adopted codes are being repealed in their entirety; for example, AMC 15.04.100 [Inspections Required] and 15.08.060 [Issuance or Denial of Permits] are being deleted because these issues are covered in the specialty codes. . AMC 15.08, regarding moving buildings, has been updated and requires a person to furnish a bond instead of insurance to cover possible damage to city streets or property during the mOVIng process. . As part of the classification process, Title 15 was reviewed for necessary changes. There were very few offenses to c1assity; however, a number of other changes were suggested in the review process. The penalty for failure to pay an adrninistrative fine is classified as a Class I Violation as stated in AMC 15.04.260.D. A Class I Violation will impose a maximum $720.00 fine, subject to the charter limitation, and a base fine of $472 while the $45 state surcharge is in effect. Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures. Council Options: (I) Move to approve First Reading of the ordinance and set the matter for Second Reading. (2) Postpone First Reading of the proposed ordinance. Page 1 of2 ~~, CITY OF ASHLAND Potential Motions: Staff: Conduct First Reading by title only. Council: Move to approve First Reading of the ordinance and set the matter for Second Reading. Attachments: Proposed ordinance Page 2 of2 ~~, ORDINANCE NO. ORDINANCE RELATING TO ADOPTING NEW BUILDING AND STRUCTURAL CODES, AMENDING AMC CHAPTER 15 BUILDING CODES, AND REPEALING AMC 15.04.180, 15.08.020, 15.08.040, 15.08.05~, 15.08.060, 15.08.070, 15.16.020 THROUGH 15.16.220, 15.16.250 THROUGH 15.16.320, AND 15.16.360 THROUGH 15.16.370 !Annotated to show deletisRs and additions to the code sections being modified. Deletions are bold" . - 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; 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 Shoo. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City ordinance violations consistent with Oregon Statutes; WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless otherwise specified; this Chapter is being amended to specify classifications where appropriate; WHEREAS, AMC Chapter 15 is also being amended to update references to State of Oregon Building Codes and to remove unnecessary materials; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.010 [Code Adoption] is hereby amended to read as follows: 15.04.010 Code Adoption A. The following codes are adopted as a part of this chapter and are further referred to in this title as "the specialty codes". Page 1 of8 I. ~2010 Oregon Structural Specialty Code as defined in Oregon Administrative Rule 918-460-010, and includine: ADDendices J, G. and L. 2. ~ 2009 Oregon Plumbing Specialty Code as defined in Oregon Administrative Rule 918-750-010. 3. ~ 2010 Oregon Mechanical Specialty Code as defined in Oregon Administrative Rule 918-440-010. 4. ;w(I5 2008 Oregon Residential Specialty Code as defined in Oregon Administrative Rule 918-480-000. 5. ;w(I5 2008 Oregon Electrical Specialty Code as defined in Oregon Administrative Rule 918-290-010. 6. 2010 Oree:on Enerl!V Efficiencv SDecialtv Code as defined in Oregon Administrative Rules 918-460-500 through 918-460-510. B. The following codes are adopted as a part of this chapter except those portions of these codes which conflict with or overlap the specialty codes. I. ~ 2009 International Existing Building Code as published by the International Code Council, a copy of which is on file with the Building Official. 2. ADDendix G of the 2010 Oree:on Structural SDecialtv Code. exceDt when in coidlict with a Drovision of the Ashland MuniciDal Code. 3. ADDendix J ofthe 2010 Oree:on Structural SDecialtv Code. 4. ADDendix L of the 2010 Oree:on Structural SDecialtv Code. exceDt when in conflict with a Drovision of the Ashland MuniciDal Code. 2. f.ppeodix J of the 2003 Ioterootioool Buildiog Code o~ publi~hed by the Ioterootioool Code Couoeil, 0 copy of which is 00 file with the Buildiog Offieio!. SECTION 2. Section 15.04.030 [Building Official Designated] is hereby amended to read as follows: 15.04.030 Building Official Designated The City Administrator shall designate a City employee to carry out the functions and duties of the Building Official as described in the Oregon 1990 2004 Structural Specialty Code, unless such individual is a department head, in which case such designation shall be by the Mayor with confirmation by the City Council. Such person shall be state certified as a Building Official in all the codes adopted by this Chapter, and may delegate portions of responsibility as may be deemed Page 2 of8 necessary. Designation by the City Administrator of the Building Official shall be done in writing in a document filed with the City Recorder SECTION 3. Section 15.04.100 [Inspections Required] is hereby amended to read as follows: 15.04.100 Inspections Required Inspections shall be called for and made as provided in the specialty codes. The generol eontroctor will notilY the Building Offieiol when reody for inspcetion~ os listed on the inspection eord. Inspeetions ":..i11 be mode within twcnty four (2~) hours oeter notifieotion, Soturdo~'s, Sundoys Rod Holidoys cxcepted. Eleetrieol permit inspections sholl follow the Oregon Eleetrieol Speeiolty Code requiremcnt of 48 hours oeter writtcn Rotiee. SECTION 4. Section 15.04.115 [Conversion to For-Purchase Housing] is hereby amended to read as follows: 15.04.115 Conversion to For-Purchase Housing Structures being converted from multiple-family rental unit use to for-purchase housing in multi- family zones shall conform to Oregon Structural Specialty Code Chapter 34 Existing Structures, Sections 3~0~, ;HOS, ORd 3406, including but not limited to, structural, mechanical, plumbing, and fire/life safety, in effect at the time of conversion, and a building permit shall be obtained for such conversion. Specifically, it shall be unlawful for the owner or his agent of multi-family residential units to convert said units and common areas to condominium ownership without prior approval of the building official. Review of components identified in Oregon Structural Specialty Code Chapter 34 Existing Structures shall precede such approval. Owner shall notify tenants that the City Building Division may be performing inspections of units and request entry for such purpose. After completion of the review, a report of items to be brought into compliance, if any will be provided to the owner or his agent by the Ashland Building Official. Any and all corrective measures and related construction permits with approved final inspections shall be completed prior to sale of units identified in the report. Physical improvement or rehabilitation of units and common areas are subject to the limitations of ORS 100.315. Conversion is also subiect to requirements of AMC ChaDter 10.115. The fee schedule for the conversion review shall be established by resolution of the city council. SECTION S. Section 15.04.180 [License Requirements for Heating or Ventilating Appliance Installations is hereby repealed in its entirety. SECTION 6. Section 15.04.115 [Mechanical Specialty Code Fee] is hereby amended to read as follows: 15.04.220 Mechanical Specialty Code Fee For application in this city, SectioR 30~ of thc meehoRicol speeiolty eo de deleted. The the fee schedule for mechanical specialty code fees shall be established by resolution of the city council. Page 3 of8 SECTION 7. Section 15.04.260 [Violation-Administrative Penalty] is hereby amended to read as follows: 15.04.260 Violation-Administrative Penalty A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any ofthe provisions of this title. B. The Building Official, and his/her designee is specifically authorized to impose a civil penalty for any violation of the Building Code, including an order of the Building Official to remedy such violation. The civil penalty shall be served in a "Notice and Order Imposing the Civil Penalty" for the violation. The Notice shall: I. Describe the alleged violation, including any relevant code provision numbers, ordinance numbers or other identified references; and 2. State that the City of Ashland intends to assess a civil penalty for the violation and states the amount ofthe civil penalty; and 3. State that the party may challenge the civil penalty by filing an notice of appeal to the Building Board of Appeals within 15 days of service of the Notice as provided in AMC Chapter 15. C. The civil penalty may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895, subject to the limitations in the Ashland City Charter. Any person, firm or corporation violating any ofthe provisions of this title shall be deemed guilty of an offense and each such person shall be deemed guilty of separate offense on each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continue or permitted and upon conviction of any such violation. The civil penalties provided herein are in addition to and not in lieu of any other remedy for enforcement available to the City including but not limited to increased permit or investigative fees, injunctive relief or any other remedy. D. Unpaid Penalties I. Failure to pay an administrative penalty imposed pursuant to this code within thirty (30) days after the penalty becomes final shall constitute a Class I Clos~ ll.. violation of this code. 2. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess against the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of City liens. 3. In addition, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, as well as revocation or suspension of any issued permits or certificates of occupancy. Page 4 of8 SECTION 8. Section 15.08.020 [Moving Structures Procedures Inspection] is hereby repealed in its entirety. SECTION 9. Section 15.08.040 [Plans Filed] is repealed in its entirety. SECTION 10. Section 15.08.050 [PreMoving Conference] is hereby repealed in its entirety. SECTION 11. Section 15.08.060 [Issuance or Denial of Permits] is hereby amended to read as follows: 15.08.060 Permit Requirements for Moved Buildine:s . A. No Derson shall move any buildine: to a lot or store any buildine: on a lot in any zonine: district within the city. other than an industrial zonine: district, unless the owner of the buildine: first obtains all necessary Dermits and Davs all required fees to move the buildine:, constructs a foundation and Dlaces the buildine: on a foundation on that lot. Necessarv Dermits and fees shall include but not be limited to movine: Dermit. zone chane:e, site Dlan and architectural commission review, system develoDment chare:es. foundation Dermit, sewer and water connection Dermits, sDecialtv code Dermits and fees and any other Dermits necessary for construction, addition. remodel or chane:e of OCCUDancv. B. Everv buildine: moved onto a lot shall be installed on a foundation within 30 days of the date of the move sDecified on the buildine: Dermit. (3) Any owner of a building not on a foundation and existing on a lot as of the date of the passage of these provisions shall apply for and obtain the required permits specified in subsection (I) above and place the building on a foundation within 90 days of the adoption of these provisions. (4) Notwithstanding the provisions of subsections (I) through (3) above, any person or entity who is exempt from taxation under Section 501 of the Internal Revenue Code of the United States and produces an IRS determination letter of proof thereof may store a building on any residential lot for 90 days. Upon written request to the Building Safety Department dated prior to the expiration of this initial 90-day period, a person may request an additional 90-day period to place a building on a foundation. Unless the 90-day extension would result in the creation or continuation of a. ublic nuisance, the Building Safety Director shall grant the additional 90-day extensiqn. . lle. @, 15.08.060 Issuonee or Dcniolof Permit~ The Building Offieiol sholl in"iestigote ond cxnmine the building proposed to be mO"icd, the strcets ond public ODd prh'ote property oyer, olong, or oero~s whieh the huilding is proposed to he may cd, ond the new locotion of the huilding, for the purpose of dctermining if the huilding moy he mo.ted with sofety ond mode to eomply with oil the rcquirements of the City of f"shlond, ond to determine whethcr on~' strcets or puhlie or privote property ",'.'ill he injurcd or domogcd hy the proposed mo'/e. The Building Offieiol sholl eonsult with the l\.shlond Historie Commission in oeeordonee "''lith Section IS.0~.210. The Building Offieiol shollolso eon suit with the Ashlond Tree Commission regarding required tree Page 5 of8 trimming in public right~ of wa)' and other issue~ whieh ma)' offeet trees owned hy puhlie entities. If the huilding and the proposed move meet ollofthe terms, eonditions and restrictions as set forth in the moving ordinanee ond in the opinion of the Building Offieiol, the mo,ting of the huilding will do no domoge to any streets or puhlie or private property along the route of the proposed huilding move, then the Building Offieial sholl issue the permit. The Building Offieiol shall refuse to is~ue 0 permit if it is found: t.. Thot the huilding is too lorge to mo-te without endangering persons or property in the City, or would damage property os set forth oho"iC, ineluding unaeeeptohle damage to the City's street trees. B. Thot the huilding is in sueh a stote of deteriorotion or disrepair, or is otherwise so strueturalI,' unsafe, that it cannot he moved '::ithout endangering persons or property. Co Thot the huilding is strueturolly unsofe or unfit for the purpose for whieh it is moyed, if the new location is in the City. D. That the opplicont's equipment i~ unsofe ond thot persons ond propert)' moy he endangered hy it~ use. E. Thot zoning or other ordinonees would he ...iolotcd hy the huilding in its ncw locotion. F. Thot for an)' other reoson persons or property would he endangered hy mo':ing of the huilding. SECTION 12. Section 15.08.070 [Use of Dollies] is hereby repealed in its entirety. SECTION 13. Section 15.08.080 [Insurance] is hereby amended to read as follows: 15.08.080 Inmmmce Bond Required Before a Dermit is l!:ranted under Section 15.08.060 the Buildinl!: Official shall require the Derson to furnish a bond with one or more sureties to the effect that they will indemnify the city for reDairs to the streets and alleys or other property of the city, or damaee and eXDense to any Derson occuDyinl!: the streets or alleys by virtue of a franchise or otherwise, which results from transDortation of a buildinl!: on the streets or allevs of the eitv. The opplieont, prior to reeeiying a permit, shall suhmit to the City's Director of Finance or Risl. Manoger a eertifieate of Iiahility insuronee eoverage. Said eertifieate shall, in a form satisfoetof1' to the Direetor of Finanee or Ri~l. l\fonoger, oUest to the house moyer ha"iing eurrent outo and generalliahility insuranee eo':erage, in amounts not less thon those set forth in ORS 30.270, with the City of t.shlond, its offieers, emplo)'ees and ogents named as additionol insured with respeet to the house moving operotion. SECTION 14. Section 15.08.100 [Penalty] is hereby amended to read as follows: 15.08.100 Penalty Page 6 of8 Any person refusing or neglecting to comply with the requirements of this chapter, or violating any provisions therein, is guilty of an infrodion Class III Violation, and shall be subject to the penalties set forth in Section 1.08.020 of the Ashland Municipal Code. Penalties shall be assessed in accordance with Section 15.04.260. SECTION 15. Section 15.20.020 [Code Adopted] is hereby amended to read as follows: 15.20.020 Code Adoption The Orel!:on Electrical SDecialty Code, as defined in Orel!:on Administrative Rule 918-290- 010, is adoDted l\..dopted as a part of this chapter and further referred to in this chapter as "the electrical code:" ore the following: l\.. The Eleetrieal Speeialty Code os defined in Oregon :\.dministrati-le Rule 918 290 010, B. The eleetrieol eode requirements for Dwellings under the Oregon Residentiol Speeialty Code and in OAR 918, Di'\'i~ion 480. SECTION 16. Section 15.16.020 [Septic Tanks] through 15.16.220 [Plumbing and sewer business license-Required-Issuance] are hereby repealed in their entirety. SECTION 17. Section 15.16.240 [Permits - Fees] is hereby amended as follows: 15.16.240 Permits - and Fees A Derson must obtain a Dermit from the City as required by State Law. For application in this city, the plumbing specialty code fees shall be established by resolution of the city council. (Ord 2896, Amended, 06/03/2003;Ord 2925,2006) SECTION 18. Section 15.16.250 [Compliance with plumbing law] through 15.16.320 [Plumbing license - Suspension] are hereby repealed it). their entirety. SECTION 19. Section 15.16.360 [Exemptions] and 15.16.370 [Labor by owner] are hereby repealed in their entirety. SECTION 20. Section 15.20.090 [Violation - Penalty] is hereby amended to read as follows: 15.20.090 Violation - Penalty Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an offense and each such person shall be deemed guilty of separate offense on each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continue or permitted and upon conviction of any such violation such person shall be punished as prescribed in Section 1.08.020. and Denalties shall be assessed in accordance with Section 15.04.260. Page 7 of8 SECTION 21. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 22. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, 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 or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 23. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal 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, and typographical errors and cross references may be corrected by the City Recorder, provided however that Sections 21 thru 23, unincorporated Whereas clauses and boilerplate provisions need not be codified. 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 , 20 I 0, and duly PASSED and ADOPTED this _ day of ,2010. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2010. John Stromberg, Mayor Reviewed as to form: Megan Thornton, Interim City Attorney Page 80f8 September 1, 2010 Honorable Senator Jeff Merkley 121 SW Salmon St. Suite 1400 Portland, OR 97204 Dear Senator,Merkley, Thank you for your efforts to improve our transportation system including your co- sponsorship and support for the Livable Communities Act. I encourage you to work with the Environment and Public Works Committee to craft a bold new transportation bill that gets America moving in the right direction. This bill should articulate national transportation objectives and set performance targets for reducing dependence on oil, enhancing efficiency of the transportation network, lowering carbon emissions from transportation, improving community health, reducing traffic fatalities and injuries, and ensuring social equity and economic opportunity across our society. The transportation bill should encourage states and regions to implement performance-based long range planning to meet those targets. For decades the federal government has focused on building out and completing the interstate highway system envisioned by President Eisenhower, but today, we live in a different world. My constituents are stuck with lengthy commutes that reduce time available for their families and community engagement. Bridges are crumbling. Volatile energy prices are crippling our economy. People are being exposed to greater levels of air pollution and forced to walk and bike on unsafe streets. Our dependence on foreign oil continues to threaten our climate and energy security. Americans are ready for a new direction. They are demanding transportation options that are cheaper, faster, cleaner and safer. They want investments that will help America compete and thrive in the global economy. My constituents want to know that their tax dollars are being used not just to pour concrete, but to build quality of life. ._--,--. ---_._--. _.. - [Optional: Insert specific challenges or opportunities in your community that performancl!-IJ<lsl!ci~l.<ln!!iflg could address] I wholeheartedly support your engagement to develop a performance-based approach to completing our nation's transportation system. By creating a national vision expressed by national transportation objectives and implemented through a performance-based planning model, we can better use our limited resources and give the American people accountability. Please let me know if there is anything I can do to support this effort. I appreciate your diligence and attention to this process. Sincerely, Mayor _ / TRANSPORTATION FACT SHEET FRONT Performance-based Planning Performance-based planning requires an integrated, performance-based transportation and land-use plan that serves as a guide for long-term investment. Over 80 cities and towns across the U.S. use performance-based planning to chart smart futures. connecting growth with transportation investments and the environment on a regional basis. It looks at factors such as land use patterns. density, and urban form to find innovative solutions to challenges such as housing. carbon emissions reductions, agriculture preservation. and regional economic development. Transportation Authorization Bill The next authorization should require States and metropolitan regions over one million in population to develop and adopt an intergrated. performance-based plan for land use and transportation planning. These plans should cover a 20-year timeframe, replacing any existing long-range transportation plans, and demonstrate how proposed transporta- tion plans will be coordinated with land use strategies to achieve national performance targets. Regional performance-based plans will grant MPOs direct project selection and contract authority of federal transportation formula funds. resulting in accelerated project delivery. Smaller regions (MPOs under 1 million in size) can choose t",opt-in to the performance-based program to access direclproject selection auth<?rity. ,~? ~'" ' ../"r'/> 1,. . /' /:::::~ \. .< ,'/ The Benefitsto.Towns ~n(fq~~S "'~ /'. . ~# ,i'/..y / ) 4 >> Provides a framework and process. ',;.. . Builds regional consensul}by-"'\(' '- for understanding the many rompleX":::' giving'-;;ommurlities and 'tti~C{ubIiC the issues that surround regio~al g;o~h.'/ capacity.and OpportGnity:rc, a~tivelY //1"<- ' participate in th((pfannin~'process. . ,..., , ",\' " :...'/' ;--~.~/ // '. ../; \" ~\ l..:_ r~ ......: ~// / / r, L~ . Uses data tools a~d tech'!iques'to . '. /)>/~ ' .'" ~. assess the impact of transportation >>Recognlzes the Impact of tradeoffs and other public ~ol~y_ChOices on among:achieving c6mpeting goals ;~ a a community, an'd vis~ally map the fiscaii?, cohstrained environment. results, m~ki~~he ,eff~9t~ of potenti~1 ~~;l,,: . scenarios ~asy. to comprehend. : ;;/!. , //' ./ \~ ,/ / ~ '// "."'\/~\ ' /' /;;;~ /' . /'\;;/'/'/ ~ ' ,,~~,'2:.. :.:. __" ~/ ...!'#/: . . 'r", ) /> // Y , \ "'- I", ~.r' '-'~, ria: Transportation For America INFO@T4AMERICA.ORG (202) 955-5543 1707 L Street NW Suite 250 Washington, DC. 20036 'f? Want to find out more aboutPerlonnanced- based Planning? Here are some great re- sources on how your com. munlty can get started: t4america.org See our resrouces sectiOll for inform<ltiorJilltoolkits AASHTO See performance m~magernent resrouces section for informa- tiol'\altoolkits NCHRP L:eport:~_._____~ ('"~ , .' -.: -;ll~'. '. ...~~- ..:...r .. , " L.: "I' , I~. .-. ....:.~-,(;.,u.r::'~.~_,..~~~t~"l :~;;~'~';"r.~,~.z~~'Y;. _I,\'(j -- .r"-""-~~"V"~.~ .. ~~ 1'~~~.';~. ~1t;lh' < ~g'~~~-7~;~- J It:li; ,. - ,.""', ,', il}"J 'r.' -.., / / ',_ -I , 'k/ "'~' ~- 'j' . . ;",'" I , --...... .1 (.....--.....'- i '}j " <!' --.--- How Does it Work? Identify performance goals for the region. based on the major forces of change like planned transportation investments. population growth. and land development. Create a set of scenarios that looks at how the adoption of different sets of policies and invest- ments will affect regional quality-of-life, including environmental impacts. affordability, water quality. public infrastructure expenditures. and conges- tion. Analyze the implications of different scenari, os using geographic visualization tools. Mapping the scenario data helps the public and decision- makers understand the potential impacts. BACK I ~~~~~~ I Provide the public, decision-makers, and city planners with opportunities to evaluate each scenario by comparing indicators relating to land use, transportation, demographics. environment, economics. technology. and other driving forces. Monitor progress. Performance-based planning is an ongoing process. Real growth patterns need to be compared with which set of policies and investments are selected to ensure perfor- mance goals are met. Case Study: More Open Space in Sacramento Sm:1 ::11ll8llto III 2050 Base Case' N . IOl'1l"" S::1C181ll8lltO III 2050 Performance-based Plan /t~ @j~ ~-!. ,;r:f ':;j:; f\'I",:pr';CER. w;;'/r....c 0 'If'J.Ji " W--';';';i< I' '{.y. ':J"~.J:;:J; " ,.... ......J 1 ~" ',;r,' . . ./ _f r , "- EL DORADO . CDtfNrY \;-j P1..~~ ."""- @ ( . . ,,- o Development, Existing and Future. 0 Open Space: Parks, WeUands, etc. 0 Agriculture or Undeveloped Land 0 Highways If the two maps above appear similar at first glance, a close inspection reveals the "Base Case" scenario on the ieft urbanizing 166 square miles of agricultural land, with sprawling development across Sacramento's urban fringes: eating up farmland and necessatiting more driving to get from place-la-place. The preferred Performance-based plan by comparison urbanizes 102 square miles of farmland, shows more compact land use, and reflects a smarter, more diversified transportation infrastructure. Sou/'o9:ThoSaciam<<1toRogiooBlooprwtTmnspotUI1IOn/LandUseSludyTransporlauonl!..&ndUsaStudy