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Home My WebLink About2008-0715 Council Mtg PACKET CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 15, 2008 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to consult with legal council regarding pending litigation pursuant to ORS 192.660(2)(h) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes} 1. Special Meeting of June 30, 2008 2. Study Session of June 30,2008 . 3. Executive Session of July 1, 2008 4. Regular Council of July 1,2008 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to confirm the Mayor's appointment of John F. Williams for a term to expire April 30, 2010 to the Forest Lands Commission? 3. Will the Council approve the Agreement for Services between the City of Ashland and Southern Oregon University for the provision of public television by Rogue Valley Community Television? 4. Should the City Council accept the Certified Local Government grant of $4,575 from the Oregon State Historic Preservation Office for historic preservation activities? 5. Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the International Brotherhood of Electrical Workers Local No. 659? 6. Does the Council wish to authorize the establishment of an HRA VEBA plan for the City of Ashland employees? 7. Will the Council approve a new contract with Harrang Long, Gary Rudnick P.C. for legal representation through June 2009 on cases previously covered under the consolidated services contract approved December 4, 2007? 8. Will the Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the disposal of biosolids from the Wastewater Treatment Plant at the Dry Creek Landfill? 9. Will the Council approve the appointment of Don Laws to the Mayor's Downtown Task Force? COUNCIL J\1EE'fJNGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT TIlE CITY ()F ASHLAND'S \VEB SITE AI' \VW\V.ASHLAND.OR.US VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings. must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30p.m. by a two-thirds vote of council {AMC 92.04.040}) 1. Should the Council grant a request for Outline Plan approval of a six-lot, five unit Performance Standards subdivision for the property located at 500 Strawberry Lane? [30 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Does the Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club? [30 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1 . Does the Council wish to approve a Resolution Clarifying Conditions of Employment for Management and Confidential Employees, repeal Resolution 2007-32, and amend the salary schedule for fiscal year 2008-2009? [10 Minutes] 2. Should the Council direct staff to work with Mr. Sandler to examine his development proposal for the City owned Lithia Way parking lot, and. provide a Staff analysis back to the Council for consideration? [20 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending Chapter 2/25, Street Tree Commission,amending name, membership, quorum, powers and duties, and other requirements"? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS None 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 accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL 1\1EETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT 'TIlE CITY OF ASHLAND'S \-VEB SrrE A'T' \VW\V.ASHLAND.OR.US ----_._"'--.-.-----,.^..._....._~_.,._,.,.._-_._-"-_.. ,.--" "'-'-'""---'---.-..."., .-..----......'.---..--...--.--,.-.......- MINUTES FOR CITY COUNCIL SPECIAL MEETING Monday, June 30,2008 at 6:00 pm Council Chambers, 1175 East Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 6:00 p.m. in the City Council Civic Center. ROLL CALL Councilor Hartzell, Navickas, Jackson, Chapman and Silbiger were present. Councilor Hardesty was absent. PUBLIC HEARINGS 1. Should Council approve a resolution adopting a supplemental budget for the FY 2007-2208 Budget a third time to create appropriations and authorize expenditure of a grant received to help pay for annual health insurance renewal and to transfer interest earnings to the General Fund? 2. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? Public Hearing Open: 6:05 p.m. Administrative Services Director Lee Tuneberg presented staff report and explained how this process meets Oregon Budget Law. Councilor Jackson/Hartzell m/s to approve Resolution #20. Roll Call Vote: Silbiger, Hartzell, Navickas, Chapman and Jackson, YES. Motion passed. Mr. Tuneberg presented staff report on the request to transfer appropriations and explained that this would adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law. The reasons for the adjustments to the FY 2007 -2008 budget were outlined in the staff communication. Mr. Tuneberg spoke regarding the implications of ending fund balances if contingency balances are reduced. He stated there is a need to track each fund individually in order to make future use of contingencies in the future and should be a guide on how contingences are used. Mr. Tuneberg briefly explained how System Development Charges are tracked and how they may relate to contingencies. Public Hearing Closed: 6:21 p.m. Councilor Jackson/Hartzell m/s to approve Resolution #21. Roll Call Vote: Silbiger, Hartzell, Navickas, Chapman and Jackson, YES. Motion passed. UNFINISHED 1. How does Council wish to distribute Transient Occupancy Tax (TOT) revenue generated by the existing 70/0 tax and the additional 20/0 tax to be implemented effective October 1, 2008? City Administrator Martha Bennett clarified for the council the status of the motion that was tabled by the council at their last meeting. The motion that was tabled was the main motion that had been amended to include the word "and tourism." \, Ms. Bennett further explained the tables presented to the council for their review. Councilor Jackson ~ested clarification on the presented percentage distribution appropriated for tourism in the tables. Staff confirmed that there are errors in the calculations of the percentages and that the resolution needs to be corrected prior to approval. She stated that the intent was to provide a starting point in the budget process. Councilor Hartzell noted that Councilor Hardesty had requested that this item be delayed until she returned. Ms. Bennett agreed to the delay assuming that Council will have made allocations for fiscal year 2009 and that they needed to complete it prior to entering the budget process. Ms. Bennett confirmed that council would not be present in full until the second meeting in September. Councilor Navickas motion to approve resolution with percentages of 45/20/21/4/10. Motion died due to lack of second. Councilor Hartzell voiced her concern with the priority listings in the proposed resolution. It was clarified that the priorities were set as minimums unless insufficient tax proceeds remain after meeting tourism requirements. Ms. Bennett stated that the council would have the authority to approve allocations. Council consensus was to reschedule further discussion on this item in order to clarify percentages. Councilor Chapman/Hartzell mls to postpone item until second meeting in September. DISCUSSION: Council requested that they have opportunity to provide staff with their comments and that time is scheduled prior to item being on agenda for approval. Voice Vote: Navickas, Hartzell, Jackson, Silbiger, YES; Chapman, NO. Motion passed 4-1. ADJOURNMENT Meeting was adjourned at 6:47 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY COUNCIL STUDY SESSION JUNE 30, 2008 PAGE 1 of3 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, June 30, 2008 Council Chambers, 1175 East Main Street Mayor Morrison called the meeting to order at 6:51 p.m. Councilor Hartzell, Navickas, Jackson, Chapman and Silbiger were present. Councilor Hardesty was absent. 1. Look Ahead Review City Administrator Martha Bennett reviewed the items on the Council Look Ahead. 2. Will the Council hear the final report from the Facilities Master Plan Committee? Will the Council provide general direction to staff to proceed with one of the options identified in the report? Will the Council dissolve the Ad Hoc Committee at the conclusion of today's meeting? Management Analyst Ann Seltzer presented the staff report on the Facilities Master Plan and explained what was being asked of the cOl.;lncil. She further explained that staff had identified five key areas that council would need to keep in mind. She introduced Ken Ogden consultant from OR W Architecture, George Kramer and Don Mackin committee members who presented the Facilities Master Plan. The following was explained: · Charge of Committee · Process - Evaluate and document all city properties and facilities; determine space needs and develop program of spaces; verify program within space constraints; develop potential costs; develop potential solutions; compile information; present to council · Existing conditions · Data gathering - interviews with Department Heads; Questionnaire distribution; community open houses; site visits · Proposed program and plan verification · Common department challenges - Security; Conference Space; Location; Parking Areas where critical needs were identified: · Administration - Additional conference rooms; additional flexible work stations; separate office for Human Resources; relocation of City Attorney allows administration expansion · City Hall - not enough meeting space; no sense of public entry or security between public and employee areas; work space congestion; "receptionists" needed for each entrance · City Recorder - additional storage area; public work station; accessibility to the public maintained; finance maintains one cashier station; 700 square feet · City Attorney - Relocated from 2nd floor; security/public access control provided; office for future attorney provided; 1,028 square feet · Finance - Relocated to the Grove from City Hall; 2 public counters provided; security provided; auditorium converted to large group conference room; 4,800 square feet · Fire Station #2 - vehicle storage inadequate, equipment must be inside; ventilation/exhaust problems between apparatus bay and living quarters; existing building only 2,600 square feet, program requires 12,000 square feet; building is inefficient, does not provide adequate space for the number of staff using facility; despite good maintenance, the building materials are deteriorating and have exceeded expected life span · Information Technologies - New addition to civic center; Head-End remains at warehouse building; consolidated office space; expansion also allows for new council chambers; X square feet CITY COUNCIL STUDY SESSION JUNE 30, 2008 PAGE2of3 · Police Department - Remodel and expansion to existing facility; provides new briefing room; adequate office space; approximately 3,000 square feet · Electric Department - Relocation of Information Technology allows office space to be reverted back to Electric Department · Electric/IT /Maintenance - Overcrowded conditions; work stations in unconditioned warehouse mezzanine; impact on residential neighbors; not enough covered vehicle storage or outside equipment and material storage; public access and security control Proposed Options: Option One - Reuse and reon!anization of existin2 city properties · No new property acquisition · Finance move · Remodel and relocate remaining departments · Can be phased easily · Potential costs $9-$12 million · The Yard - not a good option for the yard · Fire Station #2 - Existing location good; impact to adjacent park and neighbors; previous bond proposal will work on property Option Two - Combination of existin2 remodel and new construction · Move Finance to Civic Center, allows remaining departments downtown to be reconfigured · Capital Improvement Plan (CIP) placeholder for storage building can be re-allocated for City Hall remodel · New Civic Center Building · Allows Yard to expand on site · Fire Station #2 (same as Option #1) · Potential Costs between $8.5-$14 million Option Three - New Downtown Buildin2 · New building resolves all existing challenges and existing building constraints · New building would possibly allow expansion, lease space or affordable housing · Faster resolution of department challenges · Potential costs range from $4.5 - $14 million Program of spaces with cost options, overall cost matrix, inflation matrix and new building possibilities were included in the report. Mr. Ogden offered to meet individually with any councilor that may need further clarification or have more questions. He further explained how the study was determined as it related to the Yard, the potential properties that could be obtained for use by the City for the Yard and the challenges, including costs the City would face by relocating the Yard. Mr. Kramer stated that Option Two is a middle ground that allows maintaining civic presence in the downtown area and expansion of departments by utilizing current city property. There is no "one right" answer to the question. Mr. Ogden stated that the committee had overlooked a potential piece of property that the City owns offLithia Way but could explore this option if the council desired. He did acknowledge that the Mistletoerrolman Creek property would be considered for potential location of city Yard facilities. CITY COUNCIL STUDY SESSION JUNE 30, 2008 PAGE 3 of3 Ms. Seltzer clarified that the Parks Department had been advised of the potential use of The Grove by the City and did not seem to offer any concerns that their programs could not continued to be offered to the public. Mr. Ogden addressed questions raised by council relating to the City Yard location, additional building on the Community Development/Public Works Building, square footage and needs associated with Fire Station #2. Ms. Bennett summed up the questions that staff needed from council and suggested that the council ask that the committee continue to help format these in a way the council could review. Mr. Macklin explained that he understood that the Committee's task was to provide the information and tools to the council in order for them to make a decision. He did agree that Option Two was the most flexible as it allowed for phasing given budgetary constraints. He felt that the committee's task was complete and requested that the ad-hoc committee be disbanded. It was noted that public input is essential and further discussion is required. Council comments included: · Known budgetary constraints · Prioritize Fire Station #2 · Commercial use in the downtown area . Use of Lithia Yard · B Street Yard location · Inadequate space acknowledged · Move slowly and conservatively · Concern with use of The Grove by City Departments · Priority of placing second story on Community Development/Public Works Building · Explore other locations in the downtown area · Maintain City Yard in current location · Use what we have better · Support of Option Two · Need for council to have time to prioritize · Use existing downtown parking lots currently owned by City Mr. Ogden agreed to appendage into the report some of the questions raised by the council. 3. Review of regular meeting agenda for July 1, 2008 None requested. Meeting was adjourned at 8:35 p.m. Respectfully submitted, Barbara Christensen City Recorder CITY COUNCIL MEETING JULY 1, 2008 Page 1 of8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 1,2008 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7 :00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Navickas, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Hardesty was absent. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Currently there are vacancies for the Tree Commission. Interested parties should apply at the City Recorders Office or review the commissions on the City website. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of June 16, 2008, Executive Sessions of June 17, 2008 and Regular Council of June 17, 2008 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor's proclamation of July 14-18, 2008 as War on Hunger Week and Proclamation of July 4,2008 as MDA Fill-the-Boot Day were read aloud. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council have any questions about the bond issue authorized on April 15, 2008? 3. Shall the City make monthly payments to the Chamber of Commerce for FY2008-2009 services while the annual contract is being negotiated? 4. Does the Council approve the Mayor's appointment of a Downtown Task Force to propose a strategy that responds to merchant concerns regarding employee parking, temporary business signs and encroachments upon downtown sidewalks? Councilor Jackson/Silbiger m/s to approve Consent Agenda. Voice Vote: all AYES. Mayor Morrison briefly explained the reasoning for the formation of the Downtown Task Force, which is a response by the City to concerns raised by merchants regarding employee parking, temporary business signs and encroachments upon downtown sidewalks. The Mayor wants to ensure the ordinance is understood, fair, and enforced fairly. The task force will be comprised of citizens, members of the Planning department, Traffic Safety and City Staff. They will meet weekly to identify problems and suggest strategies to deal with them. PUBLIC HEARINGS - None PUBLIC FORUM - None UNFINISHED BUSINESS 1. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance Amending Chapter 4.24.020 of the Ashland Municipal Code Increasing the Transient Occupancy Tax" and move approval of the ordinance? CITY COUNC1L MEETING JULY 1,2008 Page 2 of8 Councilor Silbiger/Jackson m/s to approve Ordinance #2960. Roll Call Vote: Silbiger, Chapman, Navickas, Jackson and Hartzell, YES. Motion passed. 2. Will the Council approve draft ballot measure language for a local option levy for enhanced library services in Ashland? Will Council adopt the resolution to submit the ballot measure to the voters? City Administrator Martha Bennett explained that there were typographical errors in the previous submitted document and council had been provided with a-corrected document that also included a correction in the title of the Resolution. Ms. Bennett explained the percentage method staff used to determine the exact amount required. Per Council directive, City staff looked at the recommended 25-cents per $1,000 and knew it was possible to provide the level of service for less. The contract with the County and their contract with LSSI are growing at 3% a year and have an option to extend over the life of the levy. Because the City's market value is substantially greater than the assessed value, which is also growing at 3% a year, City staff believes the 19-cents will cover the additional services for the life of the four-year local option levy. Ms. Bennett concluded that the Council could raise the 19-cents or use an "up to" amount. Concern regarding the Ballet Measure language was expressed and that the language should reflect the same detail from the September levy stating this is still a temporary solution until a regional solution is developed. Staff explained that assuming there is a non-appropriation clause in the contract; the City would not be mandated to pay for these services. Suggestion was made to add to the Explanatory Statement the statement "Subject to the terms of the Intergovernmental Agreement with Jackson County..." Ms. Bennett added that if the City levied it for a purpose that was not what was stated to the voters, the City could be challenged on that levy and would have to refund any levy amount collected. That funding from the County over the next four years is not a guarantee and the City may have to go out to the voters again if the County was not able to fund their part. Ms. Bennett explained the amount was $17,800 for every cent levied and the levy has no impact on the Cities tax authority. Concern was noted that Council had directed staff to determine the exact amount it would take for Library Services, staff proposed 19-cents and but Council is back to proposing 25-cents. Pam Vavra/457 C Street/Presented herself as a member of the Citizens Library Advisory Committee and was there to answer any questions Council might have regarding the preliminary work that the committee had done for the recommendation. She explained the reason why the committee decided on a 25-cent cushion, that the County Budget Committee could decide to appropriate 90% of what was appropriated in the past. The committee did not want to run the risk of having to go to the voters another time. Chuck Keil/359 Kearney/Expressed confidence in the LSSI contract and what Danny Jordan has said but is less confident in what is going to come out of the County Budget Committee because of pressures to deal with budgeting, keeping taxes down and providing services. That having the cushion of 25-cents or the ability to levy up to a quarter could bridge what the County might not provide. Councilor JacksonlNavickas m/s to approve ballot measure up to 25-cents per $1,000 assessed value and to include the language suggested "subject to Intergovernmental Agreement" in both the Resolution and Explanatory Statement. Councilor JacksonlNavickas m/s withdrew motion for further clarification. CITY COUNC1L MEETING JULY J, 2008 Page 3 of8 Councilor JacksonlNavickas m/s to amend both resolution and ballot measure language to levy up to 23-cents per thousand with additional the language as proposed by staff. DISCUSSION: Councilor Navickas suggested going back to the 25-cent cushion in case the County Budget Committee does not allocate funds, that 25-cents,is a responsible cushion that will allow the libraries to stay open and emphasizes what the voters want. Councilor Jackson wanted to know what the cushion was for and what it would it cost to replace. She went on to say that the public wants the library open 40 hours a week. If things did decline, the cushion would provide some relief. Councilor Chapman was glad to see the cushion drop to 23-cents and hoped that it would decrease further. Roll Call Vote: Navickas, Jackson, YES Chapman, Silbiger, Hartzell, NO. Motion failed 2-3. Councilor Silbiger/Chapman m/s to approve Resolution funding initiative to levy up to 21-cents per $1,000 assessed value. Councilor Silbiger/Chapman motion was withdrawn for further clarification. Councilor Silbiger /Chapman m/s to amend Resolution #2008-23 funding initiative to 21-cents per $1,000 assessed value. Including suggested changes to the Resolution and Ballot language and adding the Intergovernmental Agreement language for the purposes of discussion. DISCUSSION: Councilor Jackson agreed with the motion saYing it would add hours back but not many people. Councilor Navickas said he would support the 21-cents adding that it means it has to come back to Council every year to levy less than 21-cents. Councilor Silbiger explained that having a smaller cushion is both a compromise and an understanding that having a little cushion maybe be helpful. He stated that it would be nice to have the County fully fund the library and keep things as low as possible. These are difficult financial times and he hopes the cushion is not needed. Councilor Hartzell stated she would vote against the proposed 21-cents because she trusts the calculations done by staff but said she would vote in favor of the Resolution. Roll Call Vote: Chapman, Navickas, Jackson, Silbiger, YES; Hartzell, NO. Motion passed 4-1. Councilor Hartzell/Silbiger m/s to approve Resolution #2008-23 which sets the levy up to 21-cents per $1,000. Roll Call Vote: Hartzell, Chapman, Navickas, Jackson and Silbiger, YES. Motion passed. Councilor Hartzell/Silbiger m/s to approve Ballot Measure language to be submitted to the voters that includes the proposed Intergovernmental Agreement language and the increase of up to 21-cents per $1,000. Roll Call Vote: Hartzell, Chapman, Navickas, Jackson, and Silbiger, YES. Motion Passed. 3. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Land Use Ordinance concerning special [arterial] setbacks and associated street standards adopted in Ordinance 2836" and move approval of the ordinance? Community Development Director Bill Molnar explained that based on discussion with Councilor Hardesty and Planning Commission Chair John Stromberg, specific standards were being proposed and clarification could be found on page two of the Council Communication. The proposal is that the range for a neighborhood commercial collector is 8-10 feet instead of 6-10 feet. He noted another concern in the commercial zones, which was how to determine which range to use. CITY COUNCIL MEETING JULY 1,2008 Page 4 of8 Mr. Molnar explained that clarification on which approving body it is that sets criteria and pointed out where this language could be found in the Council Communication. Concern was raised that the standard language could create difficult situation for the Planning Hearings Board. Staff felt that this would not be difficult and presented examples. Mr. Molnar explained that the burden of proof is on the applicant and pointed out that the proposed ordinance specifies 10 feet on the boulevards in the downtown area and are not available to applicants on Main Stre,et or Lithia Way. He used several examples as explanation on this and also provided examples of variances and how an appeal process would happen. Suggestion to change language to clarify approval authority was made to change the word "may" to "require" under Section 3 and Section 4 of Street Design Standards. Staff expressed concern with suggestion to requiring the greater standard with an allowance as using a higher range would also apply to Tolman Creek Road to Ashland Street. Mr. Molnar stated that is might be better to have a range starting at 8- feet. It was noted that the Planning Commission had always had the flexibility to work within ranges depending on the conditions of the street. Discussion was held on what the correct range of footage should be. Concern was raised that discussion was going beyond what was originally presented. Those changes to streets outside of the downtown zone should come back as a separate amendment to the ordinance. City Attorney Richard Appicello reminded Council of the noticing requirement associated with Ballot Measure 56. Mr. Molnar continued his presentation by addressing the structural soil issue in conjunction with street tree planting. He proposed deleting that section and continuing working with the Tree Commission. The Tree Commission's concern was that the wording was too specific and to come back with something comparable to structural soil. Mr. Molnar added that given public sidewalk improvements, the city has the authority to require standards for how the sub-base around a tree is installed. Mr. Molnar agreed to forward on issues regarding possible restrictions within the downtown area to ensure there are no "dead zones" for pedestrians, improvements to the south side of Lit hi a Way, increasing sidewalk space with trees, bump outs to the Planning Commission for future discussion. Councilor Navickas voiced his concern with the proposed language in Section 3 on its lack of clarity and his concern that the Planning Commission was becoming too aggressive in sidewalk ranges. He stated that the noticing requires for the 8-foot sidewalks were being met but without the strict burdens of variance. Concern was expressed that the r~nge would apply to the whole city and might demand 8-foot sidewalks where it may not be appropriate. Mr. Molnar clarified that the table notes a 6-10-foot sidewalk range prior to the change. That the existing footnote in the table identifies a 6-foot sidewalk for residential but the commercial area has always had the range of8-10-feet. Mr. Molnar shared how the Tree Commission had determined the standard 5x5-foot tree grade and that actual width was not so much a factor as the preparation of the whole zone between the curb line and the building. The original recommendation was to have the area prepared with a special structural soil amendment. Mr. Molnar said that structural soil is still under the guidance of the City Ashland allowing the city to create specifications without the ordinance. He further clarified that prior to the 5x5-foot tree well, the standard was 10 square feet and that language was added if someone wanted to go wider. Mr. Molnar suggested deleting the language after 5x5. Opinion was voiced that the intent was not to change sidewalk requirements and suggestion was made to retain the flexibility. Clarification that the main change was applYing a specific sidewalk standard to both sides of CITY COUNCIL MEETING JULY 1,2008 Page 5 of8 Lithia way, the downtown area and dealing with the arterial setback was the issue. Councilor Hartzell stated that she was not in support of the ordinance without the rest of the analysis that she thought was necessary to make a decision. Councilor Navickas voiced his opposition to removing the arterial setback. He felt there was a need to look at bigger planning projects, like a downtown plan, before allowing buildings to push up any further. City Attorney Richard Appicello read aloud the amended ordinance. Councilor Jackson/Chapman m/s to approve Ordinance #2959 with changes recommended by staff. DISCUSSION: Councilor Jackson said the ordinance does not preclude the addition of public spaces, it proposes other options and flexibility. She added that the accommodated transit is taking space from the cars and understands that there are other changes needed still needed in this ordinance. Councilor Navickas reiterated opportunities lost with passing the ordinance and mentioned a transitional arcadic zone and transit stops. Mr. Appicello clarified a change that occurred June 3 rd stating that it will be correct but not codified. Roll Call Vote: Silbiger, Chapman, Jackson, YES; Hartzell and Navickas, NO. Motion passed 3-2 NEW AND MISCELLANEOUS BUSINESS 1. Should Council waive the penalties and/or related interest on the deliquent Food and Beverage (Meals Tax) Tax return submitted two days late by Senor Sams? Administrative Services Director Lee Tuneberg presented the staff report that explained the tax that was due from January-March 2008 and payable no later than April 30, 2008. The tax was tendered May 2,2008 and per Ashland Municipal Code, assessed the 10% late fee. In his letter, Mr. Gilbert felt the fine was excessive for being two days late and is asking to waive the fee. He requested that the city look at changing the municipal code so that it is less severe for late payments. It was clarified that this is the third late payment in 36 months by this establishment. For various reasons the penalty was not assessed the first two times. The municipal code does not give the latitude not to levy the penalty or the interest. Councilor Hartzell asked why the May 2005 payment was 20 days late and why staff did not take action. Mr. Tuneberg clarified that the reason why the May 2005 payment was 20 days late was that Mr. Gilbert paid it late. Staff had prepared an estimate letter but had not sent it when Mr. Gilbert called and made payment. Mr. Tuneberg stated that most establishments pay on time 95% of the time. He also stated that staffhad spoken to Mr. Gilbert personally about being late. Mr. Tuneberg explained that 5% of the tax collected from patrons is due to the city. Business owners have 30 days from the end of the period to pay. They can pay quarterly or monthly but always by the end of the month. There is a deterrent aspect of the penalty as well as an additional amount of work that staff goes through when the tax is not paid on time. The original tax due is $764.17. The 100/0 penalty plus 1 % interest which equals $76 in addition to the $764.17 for approximately $840.00. Attorney Appicello explained that the municipal code states that Council's decision affirming, reversing or modifying the determination needs to be served upon the establishment. The last time this happened, the City Attorney wrote up findings that were then mailed to the establishment. Councilor Jackson/Chapman m/s to accept staff recommendations and require immediate payment of $764.17 and to include findings as prepared by City Attorney. DISCUSSION: Councilor Navickas stated that he did not support the motion as he felt it was a little tough and only two days late. He suggested that the CITY COUNCIL MEETING JULY 1,2008 Page 60f8 City send Mr. Gilbert a letter explaining this is the last chance and future late payments will incur penalties. He also noted the negative press the City has taken recently for their attitude towards the business community and that this is an opportunity ease some tedious code enforcement. Roll Call Vote: Silbiger, Jackson, Hartzell and Chapman, YES; Navickas, NO. Motion passed 4-1. ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. Should Council make changes in the duties and responsibilities of the Municipal Audit Committee and approve a resolution titled, "A Resolution clarifying the duties and Responsibilities of the Municipal Audit Committee and Making the City Recorder an Ex-Officio Member and Repealing Resolution No. 2003-07"? Administrative Services Director Lee Tuneberg presented staff with a report about requirements Yielded from last year's audit and including roles and responsibilities and voting. Specific discussions centered on changing the resolution by taking the City Recorder's position and making it an ex-officio or non-voting position. It was clarified that the prior Resolution had the voting members appointed by the City Council and that to be consistent with how all other appointments were made, the recommendation was to have the Mayor make the appointment with the approval by the City Council. Comment was made that the Audit Committee was more like the Budget Committee than any other Commission as it relates to budgeting and financial issues. That it would be best to be consistent with the Budget Committee appointment process. City Attorney Richard Appicello clarified that the selection process for the Budget Committee is set by the State of Oregon rather than the City and that the same constraints are not the case with the Audit Committee. Council discussed how the determination is made on whether the Mayor or a Council member is appointed to the Committee. It was determined that this process is not clarified in the proposed Resolution. Support was voiced to keep the appointment process with the City Council as it could create complexity when the Mayor is one of the members. City Recorder Christensen explained that it had only been in the past couple of years with recent Mayors that the Committee had someone attend meetings (Mayor or Council member) and asked for clarity. Support was voiced on consistency which would allow the Mayor to appoint and that the member shall be a Council Member or the Mayor. Councilor Hartzell/Silbiger mls to approve Resolution #2008-24 with amended language that makes appointment by the City Council. Roll Call Vote: Navickas, Chapman, Silbiger, Hartzell and Jackson, YES. Motion passed. 2. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements and amending AMC Chapter 2.28" and move approval of the ordinance? City Attorney Richard Appicello read aloud the amended ordinance. Councilor Jackson/Chapman mls to approve Ordinance #2961 as amended. Roll Call Vote: Chapman, Silbiger, Jackson, Hartzell and Navickas, YES. Motion passed. CITY COUNCIL MEETING JULY 1, 2008 Page 70f8 3. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance amending Chapter 2/25, Street Tree Commission, amending name, membership, quorum, powers and duties, and other requirements" and move the ordinance to Second Reading? Director of Community Development Bill Molnar explained the reasoning for the proposed which would provide the public with a lot of expertise beyond just street trees. One significant change is lowering. the number of Commissioners to between five and seven which would redefine the quorum. Staff shared the difficuled over the past two years that this Commission has with the ability to hold meetings due to lack of a quorum. The importance of allowing this Commission to meet and conduct business was stressed. Comment was made regarding language associated with unexcused absences. Councilor Jackson/chapman mls to amend Section 2.25.020 changing language in last sentence to read ''with four or more unexcused absences." Roll Call Vote: Navickas, Hartzell, Silbiger, Jackson and Chapman, YES. Motion passed. Councilor Jackson/Hartzell mls to approve first reading and move to second reading. Roll Call Vote: Navickas, Hartzell, Silbiger, Jackson and Chapman, YES. Motion passed unamiously. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Should the City Council direct staff to amend the camping prohibition in Chapter 10 of the Ashland Municipal Code or otherwise address camping in the City? Councilor Navickas presented his support of amending the City Camping Ordinance. He shared some case laws, which he felt supported his position that the current City ordinance did not comply with what the courts ruled as constitutional. He noted the case laws involved as violations of the 8th, 4th and 14th amendments and pointed out the recent Los Angeles court case and Fresno court case. Councilor Navickas said the reason he was bringing the camping ban forward is his concern about fire in the watershed. It understands that people are sleeping in the watershed and that the ordinance is difficult to enforce. He felt a more effective approach would be to set up a Task Force or Ad-hoc Committee to address the problems, look at solutions, and maintain these people constitutional rights due to recent court decisions. In addition, he suggested a voucher system using funding through the court system that allows people to stay in local campgrounds. He expressed concern that the city is liable and vulnerable to court challenges of current policy because the city is not in compliance, especially around due process. That this is a real civil liberties Issue. Councilor Navickas agreed with staff on decriminalizing the ordinance from an infraction to a violation. He requested the ordinance change from 24-hour eviction notice to 72-hours. He also asked for the 60-day storage of gear to go to 90-days. His main intention with the camping ban is to have it on a future agenda for further discussion. Council commented on what the legal exposure is for the City with the current camping ban. Willingness to discuss further the homeless issue and how to provide for them was noted along with the importance of acknowledging the fire danger to the watershed. It was also noted that the 60-day storage is consistent with the City municipal code for other property seizures. Councilor Hartzell said she has been researching home1essness and working with ACLU lawyers from the CITY COUNCIL MEETING JULY 1, 2008 Page 8 0[8 region to look at some of the studies. She stressed that if Council is going to change the camping ban it is most responsible to bring forth some solutions or at least some options. She definitely favors continuing to look at the issue but to move on it with the careful understanding that if the city undid the ban against camping there should be something in its place. Councilor Chapman said he is interested in making laws consistent with state and federallaw. That he does not want to open camping in the watershed. Councilor Navickas clarified that he opposes camping in the watershed and wanted it to be clear that this is federal land and they have their own regulations about camping in the watershed. It was noted that there are different types of homelessness and that it was important to help those who want help getting out of their present situations. Mr. Appicello stated that there are some housekeeping changes that need to be done with the current ordinance including clarifying the word "citation" and "infraction." That "citation" should be a reference to the violation and use of the work "infraction" should be clarified. Other changes included the language associated with "declaration of an emergency" and who has the authority to declare an emergency. Mr. Appicello briefly commented on the recent cases in LA and Fresno and agreed that noticing and allowing reasonable opportunity should be consistent with State law. City Administrator Bennett understood that there was some consensus amongst the Council for review of the current ordinance. Staff asked that the Council provide to them their comments and suggestions and that this issue would come back to the Council for further discussion and direction. Councilor Hartzell asked that if the Task Force is considered that it include a broader cross section of the community, clarification on definition of personal property, noticing requirements as compared to State law, how illegal campsites would be cleaned up, better understanding of court mitigation and any implications there might be if parklands are included. Councilor Navickas motion to direct staff to return with proposed changes and alternatives for consideration by the Council including possibilities of a task force or an adhoc committee of concerned citizens who would give recommendations to the Council. Motion died due to lack of second. Councilor Navickas/Hartzell mls to direct staff to bring back for further council review and includes the proposed suggestions made. Roll Call Vote: Navickas, Jackson, Chapman, Silbiger and Hartzell, YES. Motion passed. Ms. Bennett suggested that staff would bring this issue back when the 10- Year Plan Committee is finished with their report. She explained that the City Fire Chief and the United Way had met with some of the faith providers in Ashland who are looking at could be done for the homeless. She suggested inviting the faith providers and non-profit organizations present a report on their activities prior to any further staff work other than what the Fire Chief is involved in at this time. After she has the opportunity to speak to the Fire Chief who is out of town at this time, she will have a better understanding of the period and be in touch with the Council for their direction. ADJOURNMENT Meeting was adjourned at 10:01 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY OF ASHLAND Council Communication Appointment to Forest Lands Commission Meeting Date: Department: Approval: July 15, 2008 City Recorder Martha Bennett Primary Staff Contact: Barbara Christensen Email: christeb@ashland.or.us Estimated time: Consent Agenda ~ Question: Does the Council wish to confirm the Mayor's appointment of John F. Williams for a term to expire April 30, 2010 to the Forest Lands Commission? Recommendation: None Background: This is a confirmation by the City Council on the Mayor's appointment for the Forest Lands Commission on application received. This is a vacancy that was not filled during the annual appointment process. Related City Policies: Resolution 1995-95 states "The voting members of the commission shall be appointed by the Mayor with confirmation by the City Council." Council Options: Approve or disapprove Mayor's appointments. Potential Motions: Motion to approve appointment of John F. Williams for a term to expire April 30, 2010 to the Forest Lands Commission. Attachments: Application received r.l' 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 emaii christeh~.ashiand.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional ieets if Deeessary. ./~O Name_John F. Williams J{t~ ~~ Requesting to serve on: ]orest Lands Commissio~ (COmmiSSiOnlCO~~).. '8 , 'Address_125 Scenic Dr., Ashland, OR 97520 Occupation_Software Engineer Phone: Horne _ 482-:8003 Work_(Same) Email---.-iohn@midnightdesign.com Fax _(510) 280-9200 1. Education Bacqround What schools have you attended? _ Univ. of CA, Berkeley What degrees do you hold? _B.S. Physical Geography .~<<'..i: t~ ". ~'iii' '. '" " :'~ .. :i~ Wha~add'~~~~lqt}~<!y~~ti.9,qhav~ you ~d_~~a~ w9~d_ ~I.'Ply to this position? . '. .. . 1- . ,I.,,) flif ~~1'..~{." l~~'{, I;!V~.~ ~~~!t~:n. :-nn . , ~Ex~~nsive geo~ogy, ~lilpatology, forestry, zoology, hydrology, and biology univenity-leveIClasses; wrote a.geographical information system (GIS) application for UC Berktleyin 1988; taught a ECP course on evolutionary biology at SOU in 20Q6. 2. Related Exoerience What prior work experience have you had that would help you if you were appointed to this position? _Many leadership positions (general manager, CEO) which have given me experience working with teams, making presentations, writing reports, etc. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? ~Yes,.tberejs always room~o learn more and keep ,upwit~. ~he .Iatest science and regulations. . , . .".11. . ...~ . I 3. Interests Why are you applying for this position? _I have a life-long passion for environmental issues, particularly as they affect business and civic needs. I'm aD:~Y~""p~l\t~~.biker and hiker who loves Ashland's watershed and the surrounding'natio'Jial'1'()~est, and hopes to see them both proteeted and well cared for. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? _I'm semi-retired. Yes, I'm free for meetings at any time. I prefer day meetings but evening meetings are fine also. 5. Additional Information How long have you lived in this community? _A third-generation Ashland resident, I have lived here full-time since 2005 Please use the space below to summarize any additional qualifications you have for this position _My family has a long tradition of serving this community, and this is one way I hope to begin my own tradition with the city. Date '..11 ...~ . , CITY OF ASHLAND Council Communication Agreement for Services Southern Oregon University/Rogue Valley Community Television Meeting Date: July 15, 2008 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: Richard Appicello Approval: Martha Bennett ;(If Estimated Time: consent Question: Will the Council approve the Agreement for Services between the City of Ashland and Southern Oregon University for the provision of public television by Rogue Valley Community Television? Recommendation: Staff recommends approval of the Agreement for Services. Background: Rogue Valley Community Television provides government and public access television for the City of Ashland and Ashland citizens. The City collects PEG (public, education and government) fees from Charter Communications and Ashland TV subscribers to provide public television. PEG fees total approximately $50,000 annually depending on the number of subscribers. In addition, the City gives RVTV 40% (not to exceed $50,000 annually), of the cable franchise fees received by the City of Ashland from Charter Communications and Ashland TV. The attached agreement replaces the existing agreement dated September 2005 and identifies base services. Significant changes include: · Eliminates the City's requirement of RVTV to conduct a citizen survey of RVTV services. RVTV has indicated it will no longer be able to provide this service with the reduced budget (see below). · Adds regular equipment maintenance in council chambers. (Section 3.4) · Clarifies services to provide televised coverage of two City Council meetings per month, one Planning Commission meeting per month, the annual Budget Hearings, one monthly studio show (Town Hall), up to twelve additional televised meetings in council chambers and up to seven City Band concerts in Lithia Park. Note: The City Band budget is charged $350 per televised concert. (Section 3.6) The number of televised meetings in council chambers, Town Hall and twelve additional meetings per year is the extent of what RVTV can provide with the reduced budget (see below). Under the revised agreement, coverage of the two monthly City Council study sessions, one monthly Planning Commission study session and the monthly Planning Hearings Board are not included in the base services but may be purchased as additional services. Page 1 of2 071508 RVTV agreement.CC.doc r~' CITY OF ASHLAND . Provides a 3% increase in funding each year to RVTV for three years (Section 4.1) . Requires a credit for cancelled shows or meetings. (Section 4.5) . Provides for the purchase of additional services at the discretion of the City Administrator. Reduced Budget Under new federal law, PEG fees are now included in the 5% cap on franchise fees (previously PEG fees were collected in addition to the 5% cap). Franchise fees are placed in the general fund and are non dedicated funds. Because PEG fees are dedicated and must be used for public access television, under the new laws it is best to collect a franchise fee and not to collect PEG fees. The city will continue to purchase RVTV services with PEG fees as long as they are received under the current agreements. As franchise agreements are renewed PEG fees will gradually be eliminated. This will have a serious impact on the amount of funds available for RVTV and eventually will reduce the available funding by approximately half of the amount previously budgeted for RVTV. Staff has been working with RVTV to determine the base services RVTV can provide for $50,000 and have agreed to the services stated Section 3.6 of the attached Agreement. While RVTV services will be reduced over time, Administration will strive to maintain the current level of services while funds are available. Attached is the Agreement for Services, the summary of the citizen survey conducted by RVTV in May of 2007 and the Annual Unaudited Report submitted to the City in September 2007. Related City Policies: Council approval is required for Intergovernmental Agreements. Council Options: Approve the Agreement for Services as written. Approve the Agreement for Services with changes. Potential Motions: Move approval of the Agreement for Services with Southern Oregon University for the provision of public television by Rogue Valley Community Television. Attachments: . Agreement for Services between the City of Ashland and Southern Oregon University . RVTV 2007 Summary of Survey of Services from RVTV (required in previous agreement) . RVTV Annual Unaudited Report Page 2 of2 071508 RVTV agreement.CC.doc rA' CITY OF ASHLAND AGREEMENT FOR RVTV SERVICES BETWEEN CITY OF ASHLAND AND SOUTHERN OREGON UNIVERSITY This Agreement is entered into this _ day of July, 2008, by and between THE CITY OF ASHLAND, a municipal corporation (hereinafter "City"), and the State of Oregon acting by and through the State Board of Higher Education on behalf of SOUTHERN OREGON UNIVERSITY ("SOU"). RECITALS A. ORS 190.110 and ORS 190.010 authorizes a unit of local government to enter into an agreement with another unit of local government or state agency for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. The City and SOU have provided cable access television to the community for several years as reflected in the prior agreements between the City and SOU and its predecessors, including agreements dated June 11, 1996 and September 9,2005; and B. The 2005 agreement expires on June 30, 2008 and this Agreement is intended to replace all prior written or verbal agreements between the parties; and C. City and SOU enter into this Agreement to identify their roles and responsibilities in the provision of cable access services by SOU through the operation of Rogue Valley Community Television (RVTV); and NOW, THEREFORE, in consideration for the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. [ORS 190.020(1)(e)] Except for termination as provided herein, the term of this agreement shall commence upon approval and execution by both City and SOU and shall terminate on June 30, 2010, unless administratively extended in writing as provided for herein. The City Administrator may extend this Agreement twice, by one year each extension, by indicating in writing to SOU that an extension of the Agreement is sought under the same terms and conditions of this Agreement. The extension shall be effective upon receipt of a document from an authorized SOU representative consenting to the RVTV Agreement between SOU & CITY 7-15-08 extension under the same terms and conditions, allowing for increase in funding as noted herein. 3. SOU SERVICES, FUNCTIONS AND RESPONSIBILITIES. [ORS 190.020(1)] SOU shall use its best efforts to achieve the following objectives during the period of this Agreement: 3.1 Operate Rogue Valley Community Television (RVTV). 3.2 Engage in the cablecast of Public, Education and Government (PEG) access programming and subject to this agreement, assume control of, all cable channels and interconnect facilities made available to the City for its use. 3.3 Provide to the citizens of Ashland educational courses in video production. Upon completion, citizens become Certified Producers and are trained in the safe, proper and effective use of RVTV's equipment and facilities. Certified Producers are granted access to RVTV facilities and equipment to produce local community programming that will be cablecast free of charge on the designated Public Access channel. 3.4 Provide regular equipment maintenance services up to four hours per month to all video equipment at City's council chambers. All such equipment is the property of CITY. 3.5 Ensure proper repair, maintenance and security of equipment purchased for use at the RVTV facility with City funds. All such equipment shall become property of SOU. 3.6 Produce government access programming for the City, the regularly scheduled bi-monthly City Council meetings, monthly Planning Commission meetings, annual Budget Hearings per fiscal year, one hour-long monthly live studio show, such as Town Hall and up to twelve additional televised meetings in council chambers and up to seven City Band concerts in Lithia Park (weather permitting). Additional services may be purchased by or under the direction of the City Administrator with unrestricted city funds or PEG fees notwithstanding the not-to- exceed limit of this agreement; such additional services shall be charged at the rates reflected on the attached Exhibit A, "price sheet addendum" . 3.7 RVTV will reserve playback capabilities for a channel provided by Ashland Fiber Network (AFN), or its designated cable television provider. If AFN, or its designated provider chooses to utilize the playback capabilities reserved for its use, SOU agrees to make available all programming listed in 1.7, all programming paid for in the price list for RVTV services and other RVTV programming. If AFN, or RVTV Agreement between SOU & CITY 7-15-08 2 its designated provider, wishes RVTV to "package" content for the channel, a contract for services shall be agreed to by the parties. 3.8 Provide Video on Demand ("VOD") services to include archiving up to 1 00 program files of City government access programming for a period of one year from date of capture. RVTV provides the City with links to the City website and the City determines program selection for the VOD services. 3.9 Determine, after consultation and approval by city, use of channels assigned to City. 3.10 SOU shall provide information to the City, upon request, that the City deems reasonably appropriate regarding SOUlS RVTV activities, including use of funds and accomplishments under this Agreement. 3.11 SOU shall immediately report to the City upon becoming aware of any unexpected development or problems regarding programming or fiscal considerations which may jeopardize the provisions of service under this Agreement. 3.12 SOU shall provide an unaudited annual report to the City prior to September 30 of each year regarding RVTV workshops and training conducted; government and public access programming; revenue and capital and operating expenses and a budget-to-actual financial statement based on the fiscal year. SOU will certify that the unaudited annual report provided to the City are the final numbers reported to SOU by RVTV. 4. PAYMENT. [ORS 190.020(1)(a)] This agreement involves the payment of money from the City of Ashland to SOU for RVTV services. 4.1 Subject to the conditions set out in this Agreement, the City shall pay to SOU for RVTV services included in the body of this agreement from legally available funds, in amounts not to exceed: FY 08 - 09 $49,500 FY 09 -10 $50,985 FY 10 - 11 $52,515 4.2 When paying for RVTV services under this Agreement, City shall first utilize PEG fees, if any, collected under franchise agreements. In the event City receives PEG fees in amounts greater than the amounts specified above, the overage shall be used to purchase additional RVTV services set forth in Exhibit 1 or PEG equipment upgrades at Ashland City Council chambers or other city locations. RVTV Agreement between SOU & CITY 7-15-08 3 4.3 City shall provide all necessary information to SOU to establish the City as a vendor of SOU, such information shall include, but not be limited to City's contact information and tax identification number. 4.4 Equipment upgrades desired by the City, as contrasted with replacement, will be funded separately by the City. SOU will be responsible for repairing and replacing this equipment. 4.5 SOU will credit the City $450 for each in studio show, such as Town Hall when City cancels the show up to twenty four (24) hours in advance of the scheduled show and will credit the City for cancelled meetings when the City cancels the show up to twenty four hours in advance. The credit will show as $145 for the first hour and $100 for each subsequent hour. 4.6 All payments made to SOU under this Agreement should be sent to the following address: SOU Business Services Attn: Valerie Dean, Accounts Receivable 1250 Siskiyou Blvd. Ashland, OR 97520 4.7 SOU is required to comply with the Ashland Municipal Code by paying a living wage, as defined in City Code, to all employees performing work under this Agreement and to any subcontractor who performs 50% or more of the service work under this Agreement. SOU is also required to post the living wage notice predominantly in areas where all employees will see it. 5. BUDGET NONAPPROPRIA TION The City's obligation to pay and SOU's obligation to provide services under this Agreement are subject to non- appropriation of funds in the budget process. 5.1 The amount of money payable to SOU under section 4.1 is subject to final appropriation by the City in the budget process on an annual basis. Notwithstanding the termination provisions herein, termination may also occur for such non-appropriation. Specifically, all City obligations to expend money under this Agreement are contingent upon future appropriation as part of the City budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of the Agreement. As such, in the event insufficient funds are appropriated for the payments under this Agreement and the City elects not to utilize any other lawfully available funds, then the City may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to the City. The City shall deliver written notice to SOU of such termination no later RVTV Agreement between SOU & CITY 7-15-08 4 than thirty (30) days from the determination by the City of the event of non-appropriation. 5.2 If sufficient funds are not provided in future legislatively approved budgets of SOU to permit SOU in the exercise of its reasonable administrative discretion to continue this Agreement, or if the program for which this Agreement was executed is abolished, notwithstanding any other provision of this agreement, SOU may terminate this Agreement without further liability by giving the City not less than 30 days prior notice. In determining the availability of funds for this Agreement, SOU may use the budget adopted for it by the Joint Ways and Means Committee of the Oregon Legislative Assembly. SOU will include in its budget request for each fiscal year sufficient for this Agreement. 6. REVENUE. [ORS 190.020(1)(b).] This agreement does not involve the receipt of revenue which must be apportioned between the parties. Each party shall be solely responsible for revenue, if any, received. 7. PERSONNEL. [ORS 190.020(1)(c).] No employees will be transferred pursuant to this Agreement. SOU shall be solely responsible for wages and benefits paid to employees working for RVTV. 8. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d).] There shall be no transfer of title or possession to any real or personal property pursuant to this agreement. 9. TERMINATION. [ORS 190.020(1)(D.] 9.1 All or part of this agreement may be terminated by mutual consent by both parties; or by either party at any time, upon ninety days (90) days notice in writing and delivered by certified mail. In the event of termination of the agreement, each party shall be responsible for its own costs and expenses in complying with the agreement. 9.2 This Agreement may be terminated by either party if the other party commits any material breach of any of the terms or conditions of this Agreement and fails or neglects to correct the same within 30 days after written notice of such breach. If the breach is of such nature that it cannot be completely remedied within the 30-day period, this provision shall be complied with if correction of the breach begins within the 30- day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as is practicable. 9.3 This Agreement may be terminated for non-appropriation as specified in Section 5. RVTV Agreement between SOU & CITY 7-15-08 5 10. REMEDIES. In the event of termination, SOU shall pay to the City any unexpended funds received by SOU at any time from the City. City shall pay SOU for services rendered and costs incurred by RVTV prior to the termination date. 11. ASSIGNMENT. SOU shall not assign or transfer any interest in this Agreement without prior written consent of the City, provided, however, that SOU may subcontract the performance of any provision or obligation required by this Agreement, so long as SOU remains primarily responsible to the City for the performance of such provision or obligation. . 12. INSPECTION RECORDS. 12.1 City shall maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all costs of whatever nature claimed to have been incurred and anticipated in the performance of the Agreement. The Oregon Department of Higher Education, Oregon Secretary of State, Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the Agreement for the purpose of-making audit, examination, excerpts, and transcripts. Such books and records shall be maintained by City for three years from the date of the completion of work unless a shorter period is authorized in writing. City is responsible for any CITY audit discrepancies involving deviation from the terms of the Agreement. 12.2 City shall have access at all reasonable times, including during normal working hours, to all books and records of RVTV. SOU shall maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all costs of whatever nature claimed to have been incurred and anticipated in the performance of the Agreement. CITY, and their duly authorized representatives shall have access to the books, documents, papers, and records of SOU which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcripts. Such books and records shall be maintained by SOU for three years from the date of the completion of work unless a shorter period is authorized in writing. SOU is responsible for any SOU audit discrepancies involving deviation from the terms of the Agreement. 13. HOLD HARMLESS AND INDEMNIFICATION. 13.1 The City of Ashland is not providing services but purchasing services through SOU. Accordingly, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the parties both RVTV Agreement between SOU & CITY 7-15-08 6 shall hold each other harmless, defend and indemnify the other from any and all claims, demands, damages or injuries, liability of damage, including injury resulting in death or damage to property, that anyone may have or assert by reason of any error, act or omission of the other, its officers, employees, agents and contractors pursuant to this Agreement or the Amendment contemplated herein. Such indemnification shall also cover claims brought against either party under state or federal employees' compensation laws. Provided however, SOU shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of the City of Ashland, its officers, employees or agents or the negligence of the City of Ashland, its officers, employees or agents. Similarly, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of SOU, its officers, employees, or agents or the negligence of SOU, its officers, employees or agents. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 13.2 Except as provided for in this Agreement, the City shall not be liable for any obligations incurred by SOU. SOU shall not represent to any person that the City is liable for SOUlS obligations; except for such obligations the City may be liable as provided for in this Agreement. 14. INSURANCE. City and SOU, at their sole cost and expense shall maintain all risk property and public liability insurance policies on the prospective properties and resources included in this agreement. The initial limits of liability required will be $2,000,000 for each occurrence and $2,000,000 in the aggregate for the liability coverages and all property upon completion of construction shall be written on replacement costs basis. 15. DISPUTE RESOLUTION. City and SOU shall attempt to resolve all disputes through staff discussions at the lowest possible level. Both parties to this Agreement agree to provide other resources and personnel to negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement, or breach thereof shall be determined by mediation, arbitration, or litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If the parties are unable to agree upon a mediator within 5 days or if mediation fails to resolve the dispute and if either party wants to further pursue the dispute, either party may request that the dispute be submitted to arbitration before a single RVTV Agreement between SOU & CITY 7-15-08 7 arbitrator agreed to by the parties. If both parties agree to arbitration but are unable to agree upon an arbitrator, each party shall select an arbitrator. The arbitrators so chosen shall select a third, and the decision of a majority of the arbitrators shall be final, binding the parties, and judgment may be entered thereon. Unless the parties mutually agree otherwise, any arbitration proceeding shall be conducted in accordance with the currently in effect Arbitration Rules of the American Arbitration Association pursuant to ORS 190.720. Notwithstanding the above, either party may, at its own discretion, elect to resolve disputes in excess of $50,000 by litigation, if mediation is not successful. 16. NOTICE AND REPRESENTATIVES. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. CITY of Ashland: Martha Bennett City Administrator 20 East Main Ashland, OR 97520 Southern Oreqon University Beth Sunitsch Contracts Officer 1250 Siskiyou Boulevard Ashland, OR 97520 And when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 17. MERGER. This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signatures below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. RVTV Agreement between SOU & CITY 7-15-08 8 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. DATED this _ day of July, 2008. CITY OF ASHLAND By Title Date STATE OF OREGON, By and through the State Board of Higher Education on behalf of Southern Oregon University By Title Date APPROVED AS TO FORM APPROVED AS TO FORM By: By: City Attorney RVTV Agreement between SOU & CITY 7-15-08 9 Addendum City of Ashland Price List for RVTV Services The following applies to all services not included in the Agreement for Services Service Description Unit Fee Live Government meeting in Per Hour $145/first hour Council Chambers $100/each additional hour Studio based live call-in TV Per Hour $450 production City Band Per Show $350 Single camera shoot for a Per Show $250 meetinQ / presentation RVTV Mobile Truck -individually Per Per shoot neQotiated Shoot Video Productions -average cost $2500 per 15 min. Each production shall be a negotiated price, depending on complexity Studio Producer 6 classes $50/$35* Field Producer 5 classes $50/$35* *Reduced fee of $35 for residents have completed either the Studio Producer classes or Field Producer classes. RVTV Agreement between SOU & CITY 7-15-08 10 September 19,2007 rm ~ @ ~ 0 [VJ ~fi]] ill] SEP 2 {I 2007 l~J J SOUTHERN OREGON UNIVERSITY Ashland City Council 20 East Main Street Ashland, OR 97520 By = RE: Rogue Valley Community Television Ashland Citizen Questionnaire Dear Mayor Morrison & the City Council: The RVTV Ashland Citizen Questionnaire survey was completed and we are attaching a summary and the results of the questionnaire according to our contract agreement with the City of Ashland: Agreement for Services (1.4). The survey was made available both online and was distributed to numerous locations around the City. Based on the responses of citizens, RVTV has begun looking into improving the quality of the picture that goes out to the citizens. Both Ashland Home Network and Charter Communications are assisting us in providing the best picture and audio quality available. Weare also investigating the covering more sporting events, both high school and SOU and cablecasting them over RVTV. We did have several Public Access Producers record the July 4th Parade, both from the audience's prospective and from the prospective of a participant in the Parade (capturing footage of the audience in attendance). RVTV is very pleased with the interest indicated in the City Government Meetings and the Public Access channel and training. RVTV will continue to improve and add programming, to the best of our ability, to meet the needs of our Government Partners and the citizens of the community. Respectfully submitted, .......,)/.-;1. r. ...._--.'(~'.. //~ " I. /' -f~ ,~........ "::i-".J.. ' .. ....../ /' t . ~.., ~.... ,"~~' Nena Scuderi-Fox ~ Interim Director / Administrative Manager (3 Rogue Valley Community Television 1250 Siskiyou Boulevard / Ashland, Oregon 97520 Tel 541-552-7888 / Fax 541-552-6628 rvtv@sou.edu / www.roguetv.org Summary of Analysis of Survey by RVTV for the City of Ashland Overall, the majority of citizens responding to the survey like the City of Ashland government shows and feel it is a benefit to them to have them available cablecast over R VTV and the internet. The majority feel the coverage is about right while 30% responding would like to see more government programming, with the Ashland City Council meeting their favorite show to watch. 900/0 are in favor of additional PEG and Franchise fees being used for additional government information programming and live public meetings being cablecast. Of government programs other then Ashland City meetings, Jackson County Commissioners took the lead with 58% of the citizens. The citizens indicated they would like to have historic programs about Ashland and City-made documentaries to view. The responses regarding Public Access were, for the majority of the respondents, positive and supportive. The interest for additional programming included live High School and College sports, the annual Fourth of July Parade and live music concerts. The overall rating for RVTV for the citizens and city of Ashland were 100% good to excellent. RVTV appreciates the opportunity to support the citizens and government of the City of Ashland through our partnership with the City. Analysis of the Rogue Valley Community Television Community Survey for the City of Ashland This survey was offered both by hard copy forms and over the internet. There were between 44 and 59 responses per question from the citizens. Below, we offer an analysis of their responses to the 19 questions. 1. 78.7% of those responding felt the City of Ashland should continue to offer live government meeting to the citizens over television; while 21.3 % did not feel they should. 2. 44% of respondents stated they watched RVTV occasionally, 28% stated they watched it once a day and 280/0 indicated they watched it once per week. 3. 78.4% of people stated they viewed Ashland public meetings or other RVTV programs on the Internet at roguetv.org or Ashland.or.us; while 21.6% said they didn't. 4. 36.2% indicated they found the RVTV programming schedule on the RVTV website; 29% by channel surfing; 13% through the newspaper; 10.2% by word of mouth; and 11.6% found it hard to find schedules. 5. 62.1% of indicated they watched the Southern Oregon Travelogue program. 37.90/0 have watched the Oregon Legislature. 6. Regarding the Ashland Government shows, the following viewer-ship was indicated: a. Ashland City Council -- 820/0 b. Ashland Town Hall (studio show) - 510/0 c. Ashland School Board - 54.9% d. Ashland Planning Commission - 47% e. Ashland Parks Commission - 37.2% f. Ashland City Council Study Session - 31.40/0 g. Ashland Budget Committee - 490/0 7. When ask if the coverage of the Government show was right, the response was: a. Coverage about right -- 66.1 % b. Too much coverage - 3.60/0 c. Would like added coverage - 30.3% 8. Regarding using additional PEG and Franchise Fees to support additional government information programming & live public meeting, they responded: Yes - 900/0 No -10% 9. Concerning other government shows viewed: a. Jackson County Commission -- 58.8% b. RVTD Board Meetings - 19.6% c. Oregon Legislature - 25.50/0 d. Medford City Council- 37% e. Moving Ahead with ODOT - 29% f. MPD Rules of the Road - 45% g. Jackson County Land Use Hearings - 19.6% h. Jackson County Planning -19.6% 1. Ask the Jackson County Commissioners - 33% J. Other- 9.8% 10. If additional programming about Ashland was offered, would you like: a. City-made Documentaries - 62.7% b. Information About City Services - 47% c. Historic Videos about Ashland -78% d. Other City Commission Meetings - 5.9% 11. When ask if they watch Public Access programs, they responded: Yes -72.5% No - 27.5% 12. Responding to the importance of citizens having access to a local channel a. Extremely important - 82% b. Somewhat important - 18% c. Not very important - 0% d. Don't care - 0% 13. Inquiring if they had ever participated in a public access program: Yes - 760/0 No - 240/0 14. Asked if they had attended a public access class or were certified: Attended a class: Yes - 61.7% No - 38.3 % Certified as a producer: Yes - 52.3% No - 47.7% 15. When asked if they'd be interested in learning more about Public Access: Yes -740/0 No - 260/0 16. Regarding when, if answering yes on #15, when would you like classes: a. Weekdays - 23.60/0 b. Weekends - 34.5% c. Weeknights - 41.8% 17. Asked what kinds of future programs they would like to see: a. Business Education & Information -- 25.5% b. Financial Information - 14.5% c. Live High School & College Sports -- 49% d. Fourth of July Parade - 41.8% e. Environmental Information - 29.10/0 f. Health Education - 25.50/0 g. Live Music Concerts - 45.1% h. SOU Related Programming - 32.7% 18. Rating the picture quality of channels 9, 14 & 15: Excellent - 22.2% Good - 51.8 % Average - 24.1 % Poor - 1.9% 19. In an overall rating of R VTV for the city and citizens of Ashland: Excellent - 51 % Good - 49% Average - 0% Poor - 0% ~~~::~::-:=::=;:.~~ September 28,2007 SOUTHERN OREGON UNIVERSITY To The City of Ashland: Attached, please find our Annual Unaudited Report, per our contract with the City of Ashland, (2.3). In summary, the 2006/2007 fiscal year for Rogue Valley Community Television went well, , despite some personnel changes and adjustment to be made by remaining staff. RVTV cablecast 107 new meetings for the City of Ashland for a total of over 232 hours of government programming for the citizens. With repeats of these programs, including the City Council, City Council Study Sessions, Budget Meetings, Parks and Recreation, Planning Commission, Planning Hearings, Planning Study Sessions, Interviews for the new Police Chief and Live Studio shows (Town Hall & Ashland Housing Authority), over 697 hours of programs were made available to the Ashland Citizens for viewing. The Public Access Workshop Program welcomed 56 new Producers over the year and took in 360 new programs from Access Producers from Ashland (818 new programs were taken in from all areas). It was a successful year for Public Access and we are looking for ways to expand the program in the future. In our Fiscal Yearly Budget, estimates were slightly higher then receipt taken in but with adjustment throughout the year, and the resignation of one of the key staff members, there was a small amount of funds left to place into reserve for the purchase of new equipment for the studio, as it is beginning to need replacement purchases and we are researching the cost of new cameras to improve the picture quality of our studio programs. If you have any questions regarding this report, please contact Nena Scuderi-Fox, Interim Director / Administrative Manager / Public Access Coordinator at 541/552-8777 or Email: scuderin@sou.edu. Respectfully submitted, 7f--~ Nena Scuderi-Fox r~ Rogue Valley Community Television 1250 Siskiyou Boulevard / Ashland, Oregon 97520 Tel 541-552-7888 / Fax 541-552-6628 rvtv@sou.edu / www.roguetv.org ANNUAL REPORT to the CITY OF ASHLAND Activity related to Government and Public Access Cable TV services for the 2006/2007 fiscal year. This report includes: ~ City of Ashland Government Channel Uses ~ Live Studio Programming ~ Public Access Statistics ~ Budget information: Revenue and Expenses Rogue Valley Community Television is currently available on Charter Communications and Ashland Home Network channels 9, 14 and 15, plus channel 14 on Charter in Josephine County. Prepared by: Rogue Valley Community Television Southern Oregon University September 28, 2007 Government Programming -- 2006 - 2007 # Meetinqs Hours Ashland City Council Meetings 28 78: 17:00 Ashland City Council Study Sessions 13 25:35:02 Ashland Budget Meetings 10 22:02:46 Ashland Parks and Recreation 11 19:50:09 Ashland Planning 12 40:47:00 Ashland Planning Hearings 11 11 :49: 19 Ashland Planning Study Sessions 10 23:02:20 Ashland Police Chief Interviews 1 1 :24:05 Ashland Town Hall- Live in Studio 10 10:00:00 Ashland Housing Authority -- Live in Studio 1 1:00:00 SUBTOTAL: 107 232:23:36 Ashland Government Meetings Repeated 697:10:48 TOTAL HOURS AIRED 929:34:24 RVTV Public Access July 2006 - June 2007 Studio Producer Workshops Conducted: 4 - 6 week courses Field Producer Workshops Conducted: \ 4 - 5 week courses Summer 06 Fall 06 Winter 07 Spring 07 Ashland 6 6 10 9 Medford 4 3 2 3 Central pt. 2 Grants Pass 3 White City 1 1 Gold Hill 2 Phoenix 2 Talent 2 Total Workshop Attendees 16 11 14 15 Other Classes: Continuing Ed & Introduction to RVTV: 118 In the 2006/2007 Fiscal Year, Public Access Produced/Cablecast: Proarams New Programs 818 Repeat Programs Run: 8117 Total Progams: 8935 Tvoes of Productions: Studio - Recorded: Studio - Live: Field Productions: TOTAL Source of New Programs Cablecast: Ashland: 360 Jackson County: 102 Medford: 123 Josephine County: 37 Area-Non-Producers: 66 Outside Programs: 130 Total 818 Total classes attended by the 56 residents: 316 561 Individuals 102 79 637 818 RVTV Revenue & Expenses -- 2006 - 2007 Activity Income Budgeted Actual Varience Codes RVTXGF 125,000 125,000 RV10 RVTPEG 60,800 60,800 RV05, 09 RVTGEN Royalties 12,252 10,220 (2,032) RV10 Subt9tal 198,052 196,020 (2,032) RVTGAH Income Ashland Franchise 50,000 50,000 RV05, 08 Medford Franchise 76,320 73,872 (2,448) RV05, 06, 08, 09 Jackson County Franchise 73,582 73,394 (188) RV05, 06, 08, 09 Josephine County Franchise 40,404 46,716 6,312 RV05, 06 Klamath City 2,000 2,640 640 RV09 Klamath County 3,000 880 (2,120) RV09 Ashland School District 18,030 18,030 RV05, 08, 09 Ashland Parks Commission 2,575 2,575 RV05,08 RVTD 5,062 5,062 RV05, 08, 09 ODOT 7,500 7,555 55 RV03,08 Southern OreQon TraveloQue 19,500 19,500 RV02 Dubbing Fees 5,000 9,173 4,173 RV01 Video on Demand 3,000 670 (2.330) RV09 SOU Productions 10,000 5,290 (4,710) RV03 Submission Fees 2,200 2,635 435 RV01 Mobile One 6,800 4,700 (2,100) RV12 Studio ProQrams 11.225 11,083 (142) RV08 P .A. Workshops 2,500 2,706 206 RV06 Engineering 2,500 2,450 (50) RV11 Subtotal RVTGAH 341,198 338,931 (2,267) TOTAL INCOME 539,250 534,951 (4,299) Expenses - Regular Staff Belcastro (.8) 37,786 37,786 Brett (1.0) 37,428 37,428 Bewley (1.0 for 4 months) 33.312 11,104 22.208 Butterfield (1.0) 31,212 31,212 Scuderi-Fox (1.0) 31,212 32.612 (1,400) Staley (1.0) 33.312 33,312 Total Staff Salaries 204,262 183,454 20,808 Supplemental salaries AHS - Dawisha 7,254 7,254 Govt. Part Time 4,860 5,075 (215) Instructor - Schreiber SOU Prod. 0 1,015 (1,015) P A Check-ouUinstruction-JoCo 1,220 3,600 (2,380) Subtotal Supplimental Salaries 13,334 16,944 (3,610) Student Wages 49,839 23,984 25,855 OPE 128,366 121,776 6,590 Total Personnel & OPE 395,801 346,158 49,643 9/28/2007 Page 1 of 2 RVTV Revenue & Expenses -- 2006 - 2007 -- Continued Budgeted Actual Varience Other Expenses Office/Administrative 18,578 20,437 (1,859) Equipment/Software 11,596 27,514 (15,918) Repairs/Contracts/Service 20,312 15,168 5,144 Admin. Support & Assess (8%) 37,185 27,743 9.442 Facility Debt - GF 22,400 22.400 Facility Debt - Self-Support 33,600 33,600 Sec. of State I Chancelor 0 1,540 (1,540) Total Other Expenses 143,671 148,402 (4,731) TOTAL EXPENSES 539,472 494,560 44,912 NET INCOME (LOSS) (222) 40,391 40,613 9/28/2007 Page 2 of 2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Certified Local Grant Acceptance July 15,2008 Primary Staff Contact: Community Development E-Mail: N/ A Secondary Contact: Martha Bennett Estimated Time: Angela Barry barrva@ashland.or.us Bill Molnar Consent Question: Should the City Council accept the Certified Local Government grant of$4,575 from the Oregon State Historic Preservation Office for historic preservation activities? Staff Recommendation: Staff recommends the Council accept the Certified Local Government grant, and authorize staff to sign the grant agreement. Background: The Community Development Department received a Certified Local Government grant of$4,575 from the Oregon State Historic Preservation Office for historic preservation activities. A little more than half the funds ($2,411) will be used to prepare a management plan for the historic resources at the Lithia Springs property. The rest of the grant funds will be used for other preservation activities such as brochures for homeowners and materials for the local promotion of National Historic Preservation Week. The Certified Local Government program is designed to promote historic preservation at the local level. It is a federal program of the National Park Service that is administered by the Oregon State Historic Preservation Office. Local governments must meet certain qualifications to become "certified" and thereby qualify to receive matching grants from Oregon State Historic Preservation Office. The City of Ashland is a Certified Local Government. Related City Policies: N/A Council Options: Authorize staff to sign the 2008 Oregon Certified Local Government grant agreement, or decline the grant. Potential Motions: Move to authorize staff to sign the 2008 Oregon Certified Local Government grant agreement. Attachments: Grant approval letter from the Oregon State Historic Preservation Office. Letter from Ashland. Historic Commission Page I of I 071508 Historic Grant.CC.doc r~' Oregon Theodore R. Kulongoski, Governor Parks and Recreation Department State Historic Preservation Office 725 Summer St. NE~ Suite C Salem, OR 97301-1266 (503) 986-0707 FAX (503) 986-0793 www.hcd.state.or.us April 30, 2008 Angela Barry Ashland 20 East Main St. Ashland, OR 97520 Nature HISTORY Discovery Dear Angela: Congratulations! I am pleased to inform you that the Ashland Historic Landmarks application for a 2008 Certified Local Government Grant has been funded for the amount and purpose listed below. Grant Amount: $4,575 Start Date: 7/1/2008 End Date: 9/30/2009 Project Summary: Lithia Springs Management Plan, National Preservation Week activities, Creation of Rehabilitation Guideline brochures, Administration and design review.. Heritage Grant #: OR-08-02 Enclosed are two copies of the 2007 Grant Agreement to support your project. Please have the authorized signer sign both copies and return them. You will receive back a fully signed original for your files. The signed Agreement must be returned to our office within 30 days; if not returned in that period, it will be assumed that you are not accepting the grant award. A "Grant Management Information Manual" is available online at http://www.oregon.gov/OPRD/HCD/SHPO/clg.shtml; it includes inforn1ation and guidelines that must be followed as you ad minster the grant. Please note that Agreement expenses may not be incurred until the signed contract is received. I am looking forward to working with you. Please let me know if you have any questions, and, again, congratulations and best wishes for a successful project. S. incerely, 1/.. .~. . ~ U/ t::IU/tA/~ Kimberly Dunn Grants Coordinator (503) 986-0670 Kimberly.Dunn@state.or.us 63400 0807 CITY OF ASHLAND Honorable Members of the Council: In its last legislative session, the Oregon State Legislature expanded the benefits available to historic homeowners (ORS 358.475-565) in National Register Historic Districts by enacting Senate Bill 416 which became effective on September 27,2007. The bill affords local historic homeowners the opportunity to apply to extend their initial fifteen (15) year tax benefit (property tax freeze) for a second fIfteen (15) year period. This benefit was only previously available to commercial properties, but is now extended to any historic contributing property within a National Register Historic District or that has individual listing on the National Register of Historic Places. With this legislation, Oregon has reaffirmed its commitment to historic preservation and our local historic districts. The tax freeze benefit is perhaps the single greatest incentive to our most committed historic homeowners, who have complied with strict, detailed and often very expensive building and design standards which are administered by the Secretary of the United States Department of the Interior. The program continues to assist property owners who wish to rehabilitate their historic structures to the highest standards. This program is yet another reason that Ashland's four National Register Historic Dis~icts continue to breathe economic and social life into our community, and nurture the sense of place so critical to the continued success of our city. With this new legislation, the State of Oregon requires local jurisdictions to give "blanket approval through a resolution or ordinance in order for homeowners to be able to apply for a second term of the benefit." During its July 2, 2008 meeting, the Ashland Historic Commission unanimously supported a motion to request such a resolution from the Ashland City Council. Your support of the expansion and continuation of this vital benefit provides the tools necessary for our citizens who wish to do their part in protecting our architectural history and the future livability of our community. Sinik.ere..,..., 'I zlJ~ Dale Shostrom, Chair Ashland Historic Commission ~.1I ..11 ,t.~ 100% Post-Consumer Content CITY OF ASH.LAND Council Communication Ratification of Labor Contract with the IBEW Electrical Workers Meeting Date: 7/15/2008 Primary Staff Contact: Tina Gray Department: Administration/HR E-Mail: tina@ashland.or.us Secondary Dept.: Administrative Services ~ Secondary Contact: Lee Tuneberg Approval: Martha Bennett pf Estimated Time: Consent Question: Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the International Brotherhood of Electrical Workers Local No. 659? Staff Recommendation: Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor contract, ratifying the tentative agreements reached in negotiations. Background: The current labor contract with the IBEW Electrical Workers expired on June 30, 2008. The City began bargaining with the IBEW Electrical Union representatives in April 2008. Over the course of several meetings we were able to reach a tentative 3-year agreement. The agreement calls for: . 3.5% salary increase each July for the 3-year contract period, with the current year increase retroactive to July 1, 2008. . Increase to the City's matching contribution to employee's Deferred Compensation Account (up to $40/month) similar to existing programs with other bargaining units. . A change in medical benefits to the Preferred Provider Option (PPO) on 8/1/08, and to a $200 deductible PPO plan on 1/1/09, which will result in a reduction in City benefit costs. . Establishment of an Health Reimbursement Arrangement/V oluntary Employees' Beneficiary Association (HRA VEBA) program for each employee in the bargaining unit, with 1 % of salary being contributed tax-free to help employees offset increased costs due to medical plan change 1/1/09. . Minor language changes to reflect current business practices. Related City Policies: None. Council Options: Approve the Labor Agreement as Plesented. Delay approval of the Labor Agreement and provide staff new direction. Page 1 of2 ,.., CITY OF ASHLAND Potential Motions: Move approval of the labor agreement between the City of Ashland and the IBEW Electrical Workers and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the tentative agreements reached in negotiations Attachments: IBEW Electrical Contract Page 2 of2 r..., AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and lOCAL UNION NO.6S9 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS July 1, 2008 - June 30, 2010 PREAMBLE TABLE OF CONTENTS 3 SCOPE OF AGREEMENT 3 ARTICLE I: ARTICLE II: ARTICLE III: ARTICLE IV: ARTICLE V: ARTICLE VI: ARTICLE VII: ARTICLE VIII: ARTICLE IX: ARTICLE X: ARTICLE XI: ARTICLE XII: ARTICLE XIII: ARTICLE XIV: ARTICLE XV: ARTICLE XVI: ARTICLE XVII: ARTICLE XVIII: ARTICLE XIX: ARTICLE XX: APPENDIX A: APPENDIX B: Recognition Union Security and Check-off Management Rights Strike and Lockout Prohibition Holidays Vacations Hours of Work and Overtime Sick Leave Other Leaves of Absence Compensation Discipline and Discharge Settlement of Disputes Seniority General Provisions Classifications - Work Rules - Safety Health, Welfare and Retirement Workers' Compensation Liability Insurance Savings Clause and Funding Termination and Reopening 4 4 5 6 6 7 9 10 11 13 16 17 18 20 21 23 25 25 25 26 Classifications with Bargaining Unit Pay Schedule 27 28 2 AGREEMENT BETWEEN THE,CITV OF ASHLAND, OREGON and LOCAL UNION NO.659 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS PREAMBLE This Agreement made and entered into by the City of Ashland, Oregon, hereinafter referred to as the "City" and Local Union No.659 of the International Brotherhood of Electrical Workers, hereinafter referred to as the Union." Unless indicated otherwise references to the "City" herein shall include the Mayor and City Councilor their designees(s) as the officials directly responsible for the operation of the department covered by this Agreement. The purpose of this Agreement is to set forth the full and complete agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. SCODe of Agreement This agreement shall apply to all employees of the Electric Department, Ashland, Oregon, as set forth in "Appendix A" but excluding clerical employees, confidential and supervisory employees, and temporary employees. Where the term "employee" is used, it shall mean regular employees or probationary employees within the bargaining unit, as the same are defined in Article XIII hereof. Non-bargaining unit employees will not be employed in the Electric Department in a temporary position for longer than twelve months except by mutual agreement. However, if the temporary position is to continue for longer than six months, the City will notify the Union and upon request, will meet to discuss the situation and options. The parties agree as follows: 3 ARTICLE I RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employment for all employees within the bargaining unit described immediately above. ARTICLE II UNION SECURITY AND CHECK-OFF Section 1. Union Security. All employees covered by this Agreement shall, as a condition of employment, commencing thirty (30) days after hiring or transfer into the Bargaining Unit, (1) become a member of the Union and maintain his/her membership in the Union in accordance with its Constitution and Bylaws, (2) in the alternative, an employee must tender a registration fee to the Union in such an amount as the Union may prescribe (but in no event to exceed the initiation fee required of Union members), and shall tender, monthly an agency fee as established by the Union in an amount not to exceed the amount of the monthly dues and per capita fees required of "BA" members in his/her base wage rate. Any employee who is or who becomes a member of the Union shall, as a condition of employment, maintain his/her membership in the Union in accordance with its Constitution and Bylaws. Upon written request from the Union, the Company shall, within twenty-one (21) calendar days, terminate the employment of any employee who fails to comply with the requirements of this Article. Section 2. Check-Off. The City will, during the term of this Agreement, deduct and remit monthly to the Financial Secretary of the Union the normal and usual dues uniformly required of its members or agency fees of any other employee as provided for in Section 1 as shall voluntarily authorize the City to do so. Such written authorization must be in lawful, mutually acceptable form and shall be forwarded to the City through the Business Manager of the Union. The Financial Secretary of the Union will keep the City currently advised of the monthly dues and agency fee to be deducted from the wages of each employee who shall have filed the required deduction authorization with the Union and the City. 4 An employee may revoke his/her deduction authorization by written notice directed to the City and the Union by registered mail. Such revocation will be effective in the payroll month following receipt of the notice. Section 3. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE III MANAGEMENT RIGHTS The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities and the powers or authority which the City has not expressly abridged, delegated or modified by this Agreement are retained by the City. It is understood and agreed that the City possesses the sole and exclusive right to operate the City through its City Administrator and department heads and that all management rights repose in it, but such rights must be exercised consistent with the other provisions of this contract. These rights include but are not limited to the following: 1. To determine the mission of its constituent departments, commissions and boards. 2. To set standards of services. 3. To direct its employees. 4. To discipline or discharge for just cause. 5. To relieve its employees from duty because of lack of work, finances, or other legitimate reasons. 6. To maintain the efficiency of governmental operations. 7 . To determine the methods, means and personnel by which government operations are to be conducted, except that the City Will not contract any work which is ordinarily done by its regular employees for the specific purpose of laying off or demoting such employees, and will furnish the Union with a copy of any contract entered into involving work covered by this contract. 8. To determine the content of job classifications. 9. To take all necessary action to carry out its mission in emergencies. 10. To exercise complete control and discretion over its organization and the technology of performing its work. 5 ARTICLE IV STRIKE AND LOCKOUT PROHIBITION Section 1. The Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike work stoppage, or slowdown1 picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City unless such is sanctioned by the Southern Oregon Labor Council. Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1, above, shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City. Section 3. There will be no lockout of employees in the unit by the City as a consequence of any dispute arising during the period of this Agreement. ARTICLE V HOLIDAYS Section 1. Recoe:nized Holidavs. The following shall be recognized as holidays: New Year's Day (January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (4th of July) Labor Day (1 st Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day atter Thanksgiving (4th Friday in November) 6 Christmas Day (December 25th) (Any day declared by the Governor or President as a holiday) Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall be observed as the holiday. If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Section 2. Holidav Pave Regular employees shall receive eight (8) hours of pay for each of the holidays listed above on which they perform no work. In order to be eligible for holiday pay when no work is performed, an employee must work on his/her last scheduled work day immediately prior to a holiday and on his/her first scheduled work day immediately following the holiday, unless prior approval is granted, as in the case of illness or if the holiday falls within a vacation period. ARTICLE VI VACATIONS Section 1. Elie:ibilitv. An employee shall be eligible to take accrued vacation leave with pay after one (1) full year of continuous service. Vacation leave shall accrue on a monthly basis in accordance with the following schedule: Section 1.1 Employees with less than four (4) full years of continuous service shall accrue 7.33 hours of vacation leave for each calendar month of service (eleven (11) working days annualized). Section 1.2 Employees with more than four (4), but less than fourteen (14) full years of continuous service shall accrue 10.67 hours of vacation leave for each calendar month of service (sixteen (16) working days annualized). Section 1.3 Employees with more than fourteen (14), but less than twenty-four (24) full years of continuous service, shall accrue fourteen (14) hours of vacation leave for each calendar month of service (twenty-one (21) working days annualized). Section 1.4 Employees with more than twenty-four (24) full years of continuous service shall accrue 17.33 hours of vacation leave for each calendar month of service (twenty-six (26) working days annualized). Section 2. Continuous Service. Continuous service, for the purpose of accumulating vacation leave, shall be based on regular hours paid to the employee. Vacation leave shall not accrue during a leave of absence without pay. Authorized leave without pay and lay-offs shall not be counted as service, however, employees returning from such absences or layoff shall be entitled 7 to credit for service prior to the leave or layoff. Section 3. Use of accrued vacation time. Each year, an employee may use accrued vacation time to take time off, for additional pay during December, or to carry forward to the next year. The following rules apply: Section 3.1 After the first year of employment, an employee can use vacation for time off as soon as the vacation time has been earned. Section 3.2 The employee must use at least 750/0 of his/her annual vacation accrual for time off. Example: an employee who earns 16 vacation days per year (10.67 hours per month) must take at least twelve (12) days of vacation time off during the year. Section 3.3 The employee may choose to cash out up to 250/0 of his/her annual vacation accrual. The pay will be included in the first paycheck in December. Section 3.4 Vacation time that is not used for time off or cashed out will carry forward to the next year. Section 3.5 An employee cannot accumulate at any time more vacation time than one and one-half times his/her annual vacation accrual. Example: an employee who earns 16 vacation days per year (10.67 hours per month) may accumulate up to twenty four (24) days of vacation. Section 3.6 If an employee has the maximum amount of vacation accumulated, no more vacation time is earned until the employee has used or cashed out some of the accumulated vacation time. Section 4. Accrual Notification. The City shall notify an employee thirty (30) days in advance of impending loss of accrued vacation time. The employee and supervisor will immediately discuss when the employee can take time off so as to avoid any loss of vacation time. If the City is unable to release the employee within that thirty day period to take vacation time off, the vacation time which exceeds the accrual maximum will, by mutual agreement between the supervisor and the employee, either be cashed out or the employee will be allowed to carry it forward until the employee can take the time off. Section 4.1 Accrual Limitations. Vacation leave must be taken by the employee within twelve (12) months following the date of eligibility, or such vacation shall be deemed forfeited. An employee who is about to lose vacation leave because of accrual limitations may, by notifying his/her supervisor fifteen (15) days in advance, absent himself/herself to prevent loss of vacation leave. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. The City shall notify an employee thirty (30) days in advance of impending loss of accrued vacation time. No payment shall be made for vacation leave lost by an employee because of accrual limitations, unless the failure to take vacation is caused by the 8 City's insistence that the employee be at work during a scheduled vacation period. Section 5. Scheduling. Employees shall be permitted to request vacation on either a split or an entire basis. Vacation times shall be scheduled by the City based on the head of the department's judgment as to the needs of efficient operations and the availability of vacation relief. Vacation times shall be selected on the basis of seniority; provided, however, such employee will be permitted to exercise his/her right of seniority only once annually. The vacation schedule shall be posted annually as of December 1 st, and employees shall exercise their choice by bidding in seniority. The list shall be closed as of December 31, and subsequent changes shall be made only by mutual consent of the parties. Scheduling of vacation periods to the extent consistent with operating requirements of the City and vacation credits of the employee, shall be in weekly units except by mutual consent of the parties. Section 6. Payment on Termination. In the event of the death or termination of an employee during the initial twelve (12) months of his/her employment, no payment in lieu of vacation shall be made. In the event of death or termination of employment after an employee has served for twelve (12) months, and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued vacation leave at the rate of the date of eligibility. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE VII HOURS OF WORK AND OVERTIME This Article is intended to be construed only as a basis for recognizing overtime, and shall not be construed as a guarantee of hours of work per day or per week. Section 1. Hours of Work. To the extent consistent with operating requirements of the City, eight (8) hours shall constitute a regular day's work, and five (5) consecutive days, normally beginning Monday and terminating Friday, shall constitute a week's work. However, an employee may be scheduled by the City for a workweek other than Monday through Friday, which shall become his/her regular workweek. Section 2. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, workdays and hours shall be posted on department bulletin boards. Except for emergency situations and for the duration of the emergency, changes in work schedules shall be posted seven (7) days prior to the effective date of the change. a. During times that daylight savings time is in effect, the normal hours of work for electric personnel (other than connect/disconnect, meter reader and AFN personnel) will be between 7:00 a.m. and 3:30 p.m. with lunch break. 9 b. By mutual agreement between the City and Union, a schedule of ten hour days, four days per week, may be adopted. Either the City or Association may withdraw agreement to that schedule, in which case a five day schedule will be reestablished. Section 3. Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. Section 4. Meal Periods. To the extent consistent with operating requirements of the respective departments, a one-half (1/2) hour meal period shall be scheduled in the middle of the work shift which shall not be paid. Section 5. Overtime Rates. All work performed outside of regularly scheduled hours or days as set forth in this Article shall be compensated at the rate of two (2) times the regular rate of pay. ARTICLE VIII SICK LEAVE Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein by each eligible employee at the rate of eight (8) hours for each full calendar month of service. Sick leave may be accumulated to a total of seven hundred twenty (720) hours and must be taken for the purposes specified in Section 2 hereof as a condition precedent to any sick leave payment. Sick leave shall not continue to accrue during authorized sick leave or disability leave in excess of ninety (90) calendar days. Section 2. Utilization for Illness or Iniury. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or other supervisor of absence due to illness or injury, and the nature and expected length thereof, as soon as possible prior to the beginning of his/her scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. A physician's statement of the nature and identity of the illness, the need for the employee's absence and the estimated duration of the absence, may be required at the option of the City for absences of over two (2) days prior to payment of any sick leave benefits or prior to allowing the employee to return to work. A physician's statement may be required as a prerequisite to payment of sick leave for less than three (3) days if the employee has been advised in advance of such requirement. Section 3. Integration with Worker's ComDensation. When an injury occurs in the course of employment, the City's obligation to pay under this sick leave article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay. In such instances, no charges will be made against accrued sick leave for the first ninety (90) calendar days. 10 Section 4. Sick Leave Without Pav. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability, and before returning to work. Section 5. Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his/her death or termination of employment, for whatever reason. Sick leave shall not accrue during any period of leave without pay. Section 6. ComDensation For Not Usine: Sick Leave. Employees who accumulate 720 hours of sick leave and who thereafter use 16 or less hours of sick leave in a calendar year may be rewarded for not using sick leave. Such employees may be paid at their December 31st hourly rate for 250/0 of the unused sick leave hours over 720 accumulated as of January 1 st. Section 7. Use for Family Illness. . An employee may be granted up to three (3) days, per calendar year, paid sick leave for the employee to care for an ill or injured family member. . If an employee has an Oregon Family & Medical Leave (OFLA) or Federal Family & Medical Leave (FMLA) qualifying event that requires the employee's absence beyond three workdays, they will be required to complete a Family & Medical Leave Request Form and provide any requisite medical certification to be eligible for additional paid sick leave. Upon approval by the Human Resource Department, an employee may be granted up to four (4) weeks or 160 hours additional days paid sick leave for any eligible OFLA or FMLA purpose. . In the event that a longer duration of leave is needed, the employee must first deplete available compensatory time and vacation accruals before taking the remainder of their OFLAlFMLA leave as paid sick leave. For the purpose of this Section, family member shall include any family member recognized under the Oregon and/or Federal Family and Medical Leave Acts. ARTICLE IX OTHER LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pay. Leaves of absence without pay not to exceed ninety (90) days may be granted upon request by the employee where it is determined that the operation of the department and/or division will not be negatively impacted by the temporary absence of the employee and that additional expense will not result, including for a replacement. Requests for such leaves must be in writing and submitted to the Department Head 30 days 11 prior to the requested leave date. The employee must utilize accrued vacation and compensatory time before applying for a leave of absence without pay. If the leave lasts two calendar weeks or more, the employee must pay the pro-rated premium for health insurance coverage. Any other payroll obligations of the employee will be deducted from the pay check for the next pay period or may be paid directly to the City. Section 2. Jurv Dutv. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received by him/her for such jury service, and upon being excused from jury service for any day an employee shall immediately contact his/her supervisor for assignment for the remainder of his/her regular work day. Section 3. ADDearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority, provided, however, that the regular pay for such employee shall be reduced by an amount equal to any compensation they may receive as witness fees. Section 4. ReQuired Court ADDearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. Section 5. Election Dav. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. Section 6. Union Business. Employees elected or appointed to any legitimate full-time paid Union office which takes them from their employment with the City, shall, upon written request of the Union and the employee be granted a leave of absence of up to one (1) year without pay, renewable upon application. Employees selected by the Union to attend conventions and related Union activities, shall, upon written request of the Union and the employees, be granted a leave of absence of up to thirty (30) days without pay. Section 7. Educational Leave. After completing one (1) year of continuous service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading his/her professional ability through enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the department head. One (1) year leaves of absence, with requested extensions, for educational purposes may not be provided more than once in any three (3) year period. His/her replacement shall be considered a temporary employee. Employees may also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conference seminars, briefing sessions, training programs, and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's department head. Section 8. Militarv Leave. Military leave shall be granted in accordance with ORS 408.290. 12 Section 9. Funeral Leave. "In addition to regular sick leave, an employee may be granted three (3) days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, step child, step parent, adopted child, grandparents and grandparents-in-law. The employee will be paid his or her regular hourly rate for any such days of excused absence which occur only during his or her assigned workweek. No pay shall be granted if the employee does not attend the funeral. An additional two (2) days leave may granted if the funeral is over 750 miles from Ashland, one way". Section 10. Failure to Return From Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the City, and his/her position shall be declared vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond his/her control. ARTICLE X COMPENSATION Section 1. Pav Schedule. Employees shall be compensated in accordance with the pay schedule attached to this Agreement and marked "Appendix B" which is hereby incorporated into and made a part of this Agreement. When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Union shall be notified and the pay rate established by the City shall be considered tentative until the Union has been afforded the opportunity to meet and discuss the matter. If the Union does not agree that the classification or pay rate is proper, the Union may submit the issue as a grievance according the grievance procedure. The Dav schedule in "ADDendix" shall reflect the followina increases: . Effective 7/1/2008, the wage schedule will be adjusted by 3.50/0 for all positions represented in the bargaining unit. . Effective 7/1/2009, the wage schedule will be adjusted by 3.50/0 for all positions represented in the bargaining unit. . Effective 7/1/2010, the wage schedule will be adjusted by 3.50/0 for all positions represented in the bargaining unit. 13 Section 2. Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City, and consistent with the requirements of municipal service and the public interest. Employees shall be compensated at the rate of two (2) times the regular rate for overtime work outside of the regularly scheduled workweek or work day, but in no event shall such compensation be received twice for the same hours. All overtime shall be recorded by the employee and must be approved by the department head or supervisor. Scheduled overtime, time annexed to the beginning of the work shift, or hold-over times annexed to the end of the work shift, shall be considered overtime and shall not be considered call-back time. Section 3. Call-back Time. Employees called back to work shall receive overtime pay with a guaranteed minimum of two (2) hours at double time for the work for which they are called back. However, employees called back to work to make connects or disconnects shall receive overtime pay with a guaranteed minimum of one (1) hour at double time for the work for which they are called back. More than one call-back is permissible within the call-back period. Employees required to work over the initial call-back period, where more than one call-back is handled, will be paid at the overtime rate to nearest one-half (1/2) hour. a. Employees called for duty four (4) hours or more before the beginning of their regular work day shall be paid at the regular overtime rate from the time they are called until relieved. If such an employee has worked a minimum of four (4) hours and has had less than four (4) hours rest after he/she was relieved, he/she shall receive the regular overtime rate of double time for all hours worked during his/her normal work day. Employees shall not be required to take time off during any regular working day for the overtime worked or to be worked. b. Employees called for duty less than four (4) hours before the beginning of their regular work day shall be paid at the established overtime rate from the time they are called until the beginning of their regular work day. Regular working hours following shall be at the straight time rate. Section 4. Pav Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days beginning at 12:01 a.m. on Saturday, and ending on the 14th day (Friday) at 12:00 p.m. Pay days shall be on the Friday following the close of each pay period. Section 5. Standby Pay. When employees are required to stand by for emergency services, they shall be compensated as follows: Line installers: at the rate of twenty percent (200/0) of the straight time rate of pay in effect on July 1, 2002. Telecommunication technicians: $150 per weekend. In addition to standby pay, employees shall receive the applicable overtime rate of pay for all time worked when called in from standby. The number of hours in a standby period will be predetermined and the employee so advised in advance of standby duty. The City may maintain a call list, which shall not in itself entitle an employee to standby pay. 14 Section 6. Mileae:e. An employee required to report for special duty or assignment at any location other than his/her permanent reporting location and who is required to use his/her personal automobile for transportation to such location shall be compensated at the mileage rate established annually by the IRS per mile for the use of such automobile directly in the line of duty. Section 7. Travel ExDense. When employees attend out of town training programs or conferences, reimbursement for travel and meal expense will be in accordance with City policy. Section 8. Meals Durinll Extra Work Periods. a. Emerllencv Overtime and Call-out. Breakfast and lunch shall be provided at reasonable City expense when employees are called out on emergency overtime before regular work hours and did not have time to eat breakfast and prepare a lunch. Employees not released from a call out prior to six (6:00) a.m. shall be considered as not having time to eat breakfast and/or prepare lunch. Meals shall be provided by the City during normal meal times if an employee is called out to work on Saturday, Sunday and holidays. b. Work Bevond Ree:ular Work Shift. Employees required to work one and one-half hours (1-1/2) or more beyond their regular work hours shall be provided a meal at City expense. If work continues after the meal has been provided, employees shall be entitled to meals at four (4) hour intervals thereafter. c. Prearranged Work Shift. When an employee is notified by the end of the preceding regular work shift and is required to report to work less than two (2) hours before regular work hours, the employee shall not be provided a breakfast or lunch. If an employee is required to report for work two (2) or more hours before regular work hours the City will provide breakfast, and the employee will be responsible for lunch. d. Reasonable Amount for Meals. The City shall promptly reimburse an employee for the actual amount of such meals, up to $8.00 for breakfast, $9.00 for lunch and $19.00 for dinner. e. Rellular Work Hours. Regular work hours are the hours that the employee normally works during the week, which may include Saturday, Sunday and holiday~, as outlined in Article 7, Section 1 of this Agreement. ' Section 9. ComDensatorv Time. Overtime for hours actually worked (excluding standby time) may be paid in the form of compensatory time off at the applicable rate subject to the approval of the department head or designated supervisor. The employee may request compensatory time off by submitting a request in writing at least 48 hours in advance of the requested time. The compensatory time shall be accrued on an annual basis from December 1 to November 30 with any accrued but unused time as of November 30 to be compensated as pay on the first pay period in December. No employee shall receive more than forty (40) hours of compensatory time in any annual period. Any time in excess of forty (40) hours during the annual period shall be compensated as pay. 15 Section 10. Acting In CaDacity Pay. An employee who is assigned either as AFN foreman or to replace the Operations Superintendent for an eight (8) hour day or longer will receive an additional $1.50 per hour. In the event that the Electric Foreman is required to replace the Operations Superintendent for an eight (8) hour day or longer, and the Electric Utility Director is also absent from work for the same duration, the Foreman will receive an additional $2.00 per hour in lieu of the $1.50 per hour. ARTICLE XI DISCIPLINE AND DISCHARGE Section 1. DisciDline. Disciplinary action may include the following: a. Written reprimand b. Demotion c. Suspension d. Discharge Disciplinary action may be imposed upon any employee for failing to fulfill his/her responsibilities as an employee. Conduct reflecting discredit upon the City or Department, or which is a direct hindrance to the effective performance of City functions shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or for political activities forbidden by State law. Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. Section 2. Discharge. An employee having less than six (6) months of continuous service shall serve at the pleasure of the City. An employee having continuous service in excess of six (6) months shall be discharged only for cause. If the department head or other supervisor determines that there is cause for discharge, he/she shall suspend the employee without pay for five (5) calendar days and shall deliver to the employee and the Union a written notice of such suspension and pending dismissal. Such notice shall specify the principal grounds for such action. Unless otherwise resolved, the dismissal shall become effective at the end of the five (5) day suspension. Protest of the discharge of any employee shall be made only through the grievance procedure set forth in Article XII. The Union may process a grievance concerning suspension or discharge, or both, at Step II of the grievance procedure. 16 ARTICLE XII SETTLEMENT OF DISPUTES Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement, shall be settled in the following manner: STEP I. The affected employee shall take up the grievance or dispute with the employee's supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The supervisor shall then attempt to adjust the matter within three (3) working days. STEP II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union to the Director of Electric Utilities within seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is due. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Director of Electric Utilities shall respond to the Union representative in writing within five (5) working days after receipt thereof. STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator of the City or his/her designee(s), within seven (7) days after the response specified in Step II is due. The City Administrator or his/her designee(s) shall respond in writing to the Union within five (5) working days. STEP IV. If the grievance is still unsettled, either party may, within ten (10) days after the reply of the City Administrator is due, by written notice to the other, request arbitration of the dispute under Section V herein. STEP V. If the grievance is still unsettled, either party may, within ten (10) days of the decision of the City Administrator or his/her designee(s) under Step IV have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable to agree upon an arbitrator, the American Arbitration Association or other mutually agreed organization shall be requested to submit a list of five names. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one and the process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a pre-hearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented to him or her. His/her decision shall be based solely upon his/her interpretation of the meaning and application of the express language 17 of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived. If any grievance is not answered by the City within the time limits specified above, such grievance shall be deemed granted. Section 2. Stewards. The Union may select an employee who shall be known as the steward. The name of the employee selected as steward, and the names of local Union representatives . who may represent employees, shall be certified in writing to the City by the Union. Duties required by the Union of a steward, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section 1 hereof, shall not interfere with this or other employees' regular work assignments as employees of the City. Contacts between the steward and employees or the Union shall be made outside of working hours so as not to disrupt regular City operations. ARTICLE XIII SENIORITY Section 1. Seniority. Seniority shall be an employee's length of continuous service with the bargaining unit dating from his/her last date of hire, and shall apply by job classification in matter of layoff, recall and vacation. In the event of a layoff, such employee may exercise his/her seniority in a lower job classification within the Department. Recall from layoff shall be in the reverse order of seniority. The City reserves the right to layoff out of the order of seniority if, in the City's judgment, retention of special job skills is required. Seniority shall continue to accrue during (1) authorized sick leave or disability leave up to ninety (90) calendar days; (2) vacation leave; (3) authorized compensatory time off; (4) educational leave required by the City; (5) military leave as specified in Article IX, Section 8; (6) funeral leave; (7) jury duty; and (8) promotion to a supervisory position outside of the bargaining unit for two (2) years. Section 2. SusDension of Seniority. Seniority shall be retained, but shall not continue to accrue during (1) authorized sick leave or disability leave in excess of ninety (90) calendar days; (2) educational leave requested by the employee; (3) military leave for disciplinary reasons; (4) election to a fulltime paid Union office up to one (1) year, renewable upon application; and (5) other authorized leaves of absence of up to ninety (90) calendar days. Section 3. Termination of Seniority. Seniority and the employment relationship shall be broken or terminated if an employee (1) quits; (2) is discharged for just cause; (3) is absent from work for three (3) consecutive working days without notification to the City; (4) is laid off and fails to report to work within three (3) days after being recalled; (5) is laid off from work for any 18 reason for twenty-four (24) months or for a period of time equal to his/her seniority, whichever is shorter; (6) fails to report for work at the termination of a leave of absence; (7) if while on a leave of absence for personal health reasons, accepts other employment without permission; or (8) if he or she is retired. Section 4. Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing a new employee's work training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of six (6) full months after which they shall be considered a regular employee and granted seniority to the last date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, and assignment to educational courses and training programs, the requirement that such employees attend training programs on their off-duty time for which they will be compensated on a straight-time basis by the granting of compensatory time off. Termination of a probationary employee shall not be subject to the grievance procedure under Article XII. Section 5. Promotional Probationary Period. Regular employees promoted into a higher classification shall serve a promotional probationary of six (6) full months. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to highest previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure under Article XII. It is the intent of this Agreement that promotional opportunities shall first be extended to employees in the bargaining unit provided such employees are qualified to perform the work in question. To this end, promotional opportunities shall be posted for ten (10) working days before the job is filled by a new employee. The City shall be under no obligation to train an employee to become qualified, but shall give preference to present employees who are qualified and apply for such job opening. The City shan be the judge of an employee's qualifications and ability. In the event two or more applicants for a job opening are equally qualified, seniority shall prevail. Section 6. Lavoff and Recall. Recall from layoff exceeding five (5) work days shall be by certified letter sent to the employee at his/her last known address furnished to the City by the employee. The City may use any other means to return an employee sooner. 19 ARTICLE XIV GENERAL PROVISIONS Section 1. No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race creed, color, sex, age or national origin. The Union shall share equally with the City the responsibility for applying the provisions of this section. All reference to employees in this Agreement designates both sexes, and whenever the male gender is used it shall be construed to include the male and female employees. Employees shall have the right to form, join, and participate in the activities of the Union or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Union by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent themselves in individual personal matters. Section 2. Bulletin Boards. The City agrees to furnish and maintain a suitable bulletin board in a convenient place in the work of assembly area to be used by the Union. The Union shall limit its postings of Union notices and bulletins of such bulletin board, which shall be used only for the following Union notices and bulletins: a. Recreational and social affairs of the Union b. Union meetings c. Union elections d. Reports of Union committees e. Rulings or policies of the International Union Section 3. Visits bv Union ReDresentatives. The City agrees that accredited representatives of the International Brotherhood of Electrical Workers, Local Union 659, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the administration of this Agreement, if they first obtain permission to do so from the Director of Electrical Utilities or his/her designated representative. Section 4. Solicitation. The Union agrees that its members will not solicit membership in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agreement. Section 5. Existinf! Conditions. Only such existing and future working rules and benefits as are specifically covered by the terms of this Agreement shall be affected by recognition of the Union and execution of this Agreement. It is further agreed that if modification of work rules or benefits covered by a specific provision of this Agreement is proposed any such modification shall be posted prominently on all bulletin boards for a period of seven (7) consecutive days prior to implementation. 20 Section 6. Other Emolovment. Outside employment shall be permitted only with the express prior written approval of the City which may at any time, upon reasonable grounds, revoke permission to hold such outside employment. The general principles to be followed by the City in permitting or restricting such outside employment shall be: a. The need for mentally and physically alert electric utility employees. b. Insulating employees from potential conflict of interest situations. c. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring electric utility employees to be available for emergency duty twenty-four (24) hours a day. Section 7. Suoervisory Emolovees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Union except in the case of an emergency, such as a customer outage when life or property is endangered, and the complementary of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reasons, or where the work load is temporarily increased, or for purposes of instruction or training. Section 8. Uniforms. Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided, maintained and cleaned by the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee, reasonable wear excepted. Employees may receive reimbursement of up to $100 every other year toward the cost of the purchase or repair of protective footwear, such as steel-toe boots. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. The City shall provide a safe place for the storage of such articles. Failure of an employee to wear such required uniform, protective clothing or boots, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI hereof. Section 9. ResDonse Time Reauirement. All new regular employees shall establish their residence within twelve months employment, to enable them to report for emergency duty within thirty (30) minutes driving time of notification. All present employees who presently reside outside of this area shall become residents of the area in the event they relocate their place of residence following the effective date of this Agreement ARTICLE XV CLASSIFICATIONS - WORK RULES - SAFETY Section 1 Classifications and Descriotions. The general classifications of labor which shall be recognized throughout this Agreement, shall be those set forth in "Appendix A". Other classifications may be added as the need arises by mutual agreement between the parties. 21 Section 2. Work Rules. The following work rules shall apply to the general classifications listed below: a. On jobs having a Lead Working Line Installer, workers are not to take orders, directions, or accept the layout of any job from anyone, except such Lead Working Line Installer. If such Lead Working Line Installer is required to be absent from the job for an extended period of time, a replacement shall be designated by the City. b. All work on transformers in the field (except testing) shall be done by Line Installers. Shop repairs on transformers may be done by other qualified personnel. c. Switching of circuits outside substations shall be done by Line Installers. Switching of circuits inside substations shall be done by Meter Relav Technician or Line Installers. d. Installation and maintenance of all direct burial underground electrical circuits, both primary and secondary, and of outdoor pad mounted transformers used in this type of installation, shall be done by regular line crews. e. All framing and erecting of poles or towers and stringing of wire, shall be done by Line Installers, assisted by Ground persons and Line Truck Operators when required. f. Stubbing of poles may be done by Ground persons, under the supervision of a Line Installer. g. Employees, while working on transmission line structures or other towers at a height of seventy-five (75) feet or more above ground or its equivalent, such as a building roof, shall receive one (1) hour's additional pay at regular straight time for each hour worked at such height. This shall not apply to the erection of new steel towers or to the original installation of hardware and conductor on transmission lines prior to energization. h. Employees relieved from duty because of weather conditions shall be paid until returned to headquarters. If an employee does not return to headquarters, they shall be paid only for time worked. If employees report for work on a regular shift and it is mutually agreed between the supervisor and the crew Lead Working Line Installer that weather conditions are such that they cannot work, they shall be paid for one (1) hour at the straight time rate. When such is deemed to be in the public interest, crews may be requested to work regardless of weather conditions. Time not worked because of adverse weather conditions shall not affect vacation or sick leave accrual. i. Apprentices shall be indentured under the Oregon State Law and Plan of Apprenticeship to learn the trade under the direct supervision of a line installer. An apprentice shall be given the opportunity upon the successful completion of three (3) years' experience to qualify themselves as a line installer by written examination. Upon so qualifying, he/she shall be reclassified to line installer status. 22 Section 3. Safety Rules. Electrical Workers Safety Rules as promulgated by the Oregon State Workmen's Compensation Board, and as amended from time to time, are hereby adopted and incorporated as a part of this Agreement as is fully set forth herein, and routine safety meetings shall be continued. a. When working on live lines over 750 volts phase to phase, it shall be the practice to have a Line Installer assisting each Line Installer on such lines. b. No worker shall be required to work on energized lines exceeding 5,000 volts unless it is done by qUC3lified Line Installers using approved tools of the "hot stick" variety. c. In the interest of safety and in order to insure continuity of electric service, the employee shall promptly report any unsafe conditions noted in connection with the City's facilities. ARTICLE XVI HEALTH~ WELFARE AND RETIREMENT Section 1. Health and Welfare. The City agrees to pay ninety-five percent (950/0) of the premium for employee and/or family coverage through the term of this agreement for the following health and welfare plans. The employee agrees to pay five percent (50/0) of the premium, to be deducted from the employee's check through regular payroll deductions. The parties recognize this agreement is to provide the insurance plans. Plan benefits are subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on the annual plan benefit adjustments. In the event the plan is no longer offered, then both Union and City of Ashland shall mutually agree on a new plan. Those plans and employeelfamily coverage levels are: (a) Blue Cross/Blue Shield of Oregon Plan V-A Health Insurance - employee and family coverage. Effective August 1,2008, employees agree to change to the Preferred Provider Option of their current health plan, Blue Cross Blue Shield Plan V-A under the same cost-share arrangement as stated in Article XVI, Section 1. Effective January 1,2009, employees agree to change to Blue Cross Blue Shield Plan V-B Preferred Provider Option with a $200 deductible under the same cost- share arrangement as stated in Article XVI, Section 1. In recognition of this medical plan change, the City agrees to contribute 1 % of salary into a Health Reimbursement ArrangemenWoluntary Employees' Beneficiary Association (HRA-VEBA). 23 (b) Oregon Dental Service (ODS) Dental Insurance Plan III or Willamette Dental Plan- employee and family coverage. (c) Vision Services Plan - employee and family coverage. (d) Life Insurance - employee ($20,000 with AD&D) and dependent coverage ($1,000). (e) Long Term Disability Insurance - employee only. (f) City paid reimbursement for routine physical exams, Well-baby care and physical fitness as described in the City of Ashland Wellness Program. In the event that any of these programs change or are updated, the City agrees to provide the IBEW written notice of the change with as much advance notice as possible, and an opportunity to negotiate the impact of the change. Section 2. Insurance Committee The Union and the City jointly recognize the escalating cost of Health and Welfare insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee-based benefits committee, with one member appointed by the bargaining unit. The committee will meet at the option of either the City or the Union, will review insurance options and make recommendations related to controlling costs. Section 3. Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half of unused sick leave will be applied to retirement as provided in ORS 237.153. The City will assume or pay the employee contribution required by PERS for all employees covered by this Agreement at a uniform rate of 60/0. Section 4. Medical Coverae:e for Retirees. _Any employee hired prior to July 1, 2005, and retiring during the term of this contract with twenty (20) or more years of full-time service with the City, and who is age 60 or older, shall be eligible for a monthly payment of $60.20 towards Blue Cross Medi-Check 65 insurance coverage or its equivalent. This payment shall be available to age 65 and must be requested by the employee in writing no later than 90 days following the date of retirement and no sooner than 90 days prior to the date of retirement. Section 5. Deferred ComDensation. The City agrees to contribute up to $40.00 per month in matching funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. Section 6. Mercv Flie:hts. The City agrees to pay the premium for household membership in Mercy Flights for Air Ambulance transportation service. Employees shall have the option to upgrade his or her membership to the Combined Air and Ground Ambulance membership by paying the additional amount by payroll deduction. 24 ARTICLE XVII WORKER'S COMPENSATION Section 1. Worker's Comoensation. All employees will be insured under the provisions of the Oregon State Worker's Compensation Act for injuries received while at work for the City. Section 2. Suoolementarv Payment. Compensation paid by the City for a period of sick leave also covered by Worker 1 s Compensation shall be equal to the difference between the Worker's Compensation pay for lost time and the employee's regular pay rate. ARTICLE XVIII LIABILITY INSURANCE The City shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premium for such insurance shall by paid by the City. ARTICLE XIX SAVINGS CLAUSE AND FUNDING Section 1. Savinlls Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Fundinll. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budget procedures and, in certain circumstances, by vote of the citizens of the City. All such wages and benefits are therefore contingent upon sources of revenue and, where applicable, annual voter budget approval. The City has no intention of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget request or voter approval thereof. 25 ARTICLE XX TERMINATION Be REOPENING This Agreement shall be effective as of the 1 st day of July, 2008 and shall remain in full force and effect until the 30th day of June, 2010 and shall terminate all prior Agreements and practices and concludes all collective bargaining during the term of this Agreement, provided however that: This Agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing not later than ninety (90) days prior to the expiration or subsequent anniversary date that it wishes to modify this Agreement for any reason. Such notification shall include the substance of the modification and the language with which such desired modifications are to be expressed. In the event that such notice is given, negotiations shall begin not later than thirty (30) days after said notice. This Agreement shall remain in full force and effect during the period of negotiations. CITY OF ASHLAND, OREGON INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, lOCAL UNION #659 By: By: Title: Title: Date: Date: APPROVED: Ashland City Council By: Title: Date: 26 "APPENDIX A" CLASSIFICATIONS WITHIN BARGAINING UNIT Lead Working Line Installer Meter Relay Technician Line Installer Line Installer/Service Person Apprentice Line Installer Electrician Line Truck Operator Electric Meter Repairer Electric Warehouse Person Lead Telecommunications Technician Telecommunications Technician Groundsperson Connect - Disconnect Meter Reader Mapping Specialist Communications/Head-End Technician Tree Trimmer Foreman Tree Trimmer/Arborist Tree Trimmer 27 Ashland IBEW ELECTRICAL "APPENDIX B" - Wae:e Schedule 5% Electric, 30/0 AFN Classifications 3.5% COLA All Classifications 3.5% COLA All Classifications 3.5% COLA All Classifications 1.Jul.o7 1.Jul.oa 1.Jul.o9 1.Jul-10 CLASSIFICATION . . . . . . . . . . . . Lead Workin Line Installer $37.3126 $6,468 $ 77,610 $38.6185 $6,694 $80,326 $39.9702 $6,928 $83,138 $41.3691 $7,171 $86,048 Meter Rela Technician $36.2212 $6,278 $ 75,340 $37.4889 $6,498 $77 ,977 $38.8010 $6,725 $80,706 $40.1591 $6,961 $83,531 Line Installer/Service erson $34.4964 $5,979 $ 71,752 $35.7037 $6,189 $74,264 $36.9534 $6,405 $76,863 $38.2467 $6,629 $79,553 Line Installer $34.4964 $5,979 $ 71,752 $35.7037 $6,189 $74,264 $36.9534 $6,405 $76,863 $38.2467 $6,629 $79,553 1 st 6-months (70% of line installer rate $24.1475 $4,186 $ 50,227 $24.9926 $4,332 $51,985 $25.8674 $4,484 $53,804 $26.7727 $4,641 $55,687 2nd 6-months (73% of line installer rat $25.1824 $4,365 $ 52,379 $26.0637 $4,518 $54,212 $26.9760 $4,676 $56,110 $27.9201 $4,839 $58,074 3rd 6-months (76% of line installer rate $26.2172 $4,544 $ 54,532 $27.1348 $4,703 $56,440 $28.0846 $4,868 $58,416 $29.0675 $5,038 $60,460 4th 6-months (80% of line installer rate $27.5971 $4,783 $ 57,402 $28.5630 $4,951 $59,411 $29.5627 $5,124 $61,490 $30.5974 $5,304 $63,642 5th 6-months (84% of line installer rate $28.9770 $5,023 $ 60,272 $29.9911 $5,198 $62,381 $31.0408 $5,380 $64,565 $32.1273 $5,569 $66,825 6th 6-months (90% of line installer rate $31.0467 $5,381 $ 64,577 $32.1334 $5,570 $66,837 $33.2580 $5,765 $69,177 $34.4221 $5,966 $71,598 $34.4964 $5,979 $ $35.7037 $6,189 $74,264 $36.9534 $6,405 $76,863 $38.2467 $6,629 $79,553 $34.4964 $5,979 $ $35.7037 $6,189 $74,264 $36.9534 $6,405 $76,863 $38.2467 $6,629 $79,553 $27.2872 $4,730 $ $28.2423 $4,895 $58,744 $29.2307 $5,067 $60,800 $30.2538 $5,244 $62,928 $29.0464 $5,035 $ $30.0630 $5,211 $62,531 $31.1153 $5,393 $64,720 $32.2043 $5,582 $66,985 $31.3642 $5,436 $ $32.4620 $5,627 $67,521 $33.5981 $5,824 $69,884 $34.7741 $6,027 $72,330 $33.6821 $5,838 $ $34.8609 $6,043 $72,511 $36.0811 $6,254 $75,048 $37.3439 $6,473 $77 ,675 $24.7270 $4,286 $ $25.5924 $4,436 $53,232 $26.4881 $4,591 $55,095 $27.4152 $4,752 $57,024 $24.7269 $4,286 $ $25.5924 $4,436 $53,232 $26.4881 $4,591 $55,095 $27.4152 $4,752 $57,023 $23.2396 $4,028 $ $24.0530 $4,169 $50,030 $24.8948 $4,315 $51,781 $25.7661 $4,466 $53,593 1 st 6-months $10.9823 $1,904 $ 22,843 $11.3667 $1,970 $23,643 $11.7645 $2,039 $24,470 $12.1763 $2,111 $25,327 2nd 6-months $14.1489 $2,452 $ 29,430 $14.6441 $2,538 $30,460 $15.1567 $2,627 $31,526 $15.6871 $2,719 $32,629 3rd 6-months $17.2482 $2,990 $ 35,876 $17.8519 $3,094 $37,132 $18.4767 $3,203 $38,432 $19.1234 $3,315 $39,777 4th 6-months $20.3611 $3,529 $ 42,351 $21.0737 $3,653 $43,833 $21.8113 $3,781 $45,367 $22.5747 $3,913 $46,955 Thereafter $23.4736 $4,069 $ 48,825 $24.2952 $4,211 $50,534 $25.1456 $4,359 $52,303 $26.0257 $4,511 $54,133 ^;ft~, !'HJfJ:;." 1 st 6-months $10.3550 $1,795 $ 21,538 $10.7174 $1,858 $22,292 $11.0925 $1,923 $23,072 $11.4808 $1,990 $23,880 2nd 6-months $13.3408 $2,312 $ 27,749 $13.8077 $2,393 $28,720 $14.2910 $2,477 $29,725 $14.7911 $2,564 $30,766 3rd 6-months $16.2631 $2,819 $ 33,827 $16.8323 $2,918 $35,011 $17.4214 $3,020 $36,236 $18.0312 $3,125 $37,505 4th 6-months $19.1981 $3,328 $ 39,932 $19.8700 $3,444 $41,330 $20.5654 $3,565 $42,776 $21.2852 $3,689 $44,273 Thereafter $22.1329 $3,836 $ 46,036 $22.9076 $3,971 $47,648 $23.7094 $4,110 $49,315 $24.5392 $4,253 $51,041 1 st 6-months Next 12 months Next 12 months Next 12 months Thereafter 1 st 6-months * Added to $24.3796 $4,226 $ 50,709 $25.2329 $4,374 $52,484 $26.1160 $4,527 $54,321 $27.0301 $4,685 $56,222 Next 12 months Union 1/1/01 $25.3396 $4,392 $ 52,706 $26.2265 $4,546 $54,551 $27.1445 $4,705 $56,460 $28.0945 $4,870 $58,436 Next 12 months $26.3629 $4,570 $ 54,835 $27.2855 $4,729 $56,754 $28.2405 $4,895 $58,740 $29.2290 $5,066 $60,796 Thereafter $27.4113 $4,751 $ 57,015 $28.3707 $4,918 $59,011 $29.3637 $5,090 $61,076 $30.3914 $5,268 $63,214 PLEASE NOTE: Hourly rates are accurate to 4 decimal places. Monthly figures are approximate, actual eamings may vary. (1) To be increased by the following percentage when at the City's request the employee obtains a Supervisory Electrician's license (2.5%) and/or Electrical Inspectors License (2.5%). (2) Connect-Disconnect to be increased by 5% for duties primarily centered around hand-held computer meter reading devices. (3) Additional pay for substituting for manager: In the event that the Electric Foreman is required to replace the Operations Superintendent for an eight (8) hour day or longer, and the Electric Utility Director is also absent from work for the same duration, the Foreman will receive an additional $2.00 per hour in lieu of the $1.50 per hour. 28 CITY OF ASHLAND Council Communication A Resolution Authorizing the Establishment of a Health Reimbursement ArrangementNoluntary Employees' Beneficiary Association Plan Meeting Date: 7/15/2008 Primary Staff Contact: Tina Gray Department: AdministrationlHR ~-Mail: tina@ashland.or.us Secondary Dept.: Secondary Contact: Martha Bennett Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to authorize the establishment of an HRA VEBA plan for City of Ashland employees? Staff Recommendation: Staff is recommending that Council authorize the establishment of an HRA VEBA program and authorize the City Administrator to sign plan documents. The HRA VEBA plan provides a tax-free defined contribution account for employees to pay for medical, dental, vision and tax -qualified long- term care premiums and non-covered healthcare expenses for the mutual benefit of the City and its employees. Background: At the direction of the City Council and Citizen's Budget Committee, City Administration has worked toward reducing health insurance costs. The City has been in negotiations with two bargaining groups this year and our goal in bargaining now and in future negotiation sessions is to move employees to a lower-cost Preferred Provider health plan. As reductions in health benefits equate to increased out-of- pocket costs for the employee, the HRA VEBA plan provides a tax-free mechanism to assist the employee with assuming such costs. Through this program the City is able to achieve cost savings of changing health plans while offering a positive benefit to City employees. Related City Policies: None. Council Options: Council could authorize the establishment of an HRA VEBA program for City of Ashland Employees or direct staff to pursue alternative benefit option. Potential Motions: Move to adopt a resolution authorizing the establishment of a Health Reimbursement ArrangementN oluntary Employees' Beneficiary Association ("HRA VEBA") Plan Attachments: Resolution HRA VEBA program details Page 1 of 1 !'A~ RESOLUTION NO. 2008- A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A HEALTH REIMBURSEMENT ARRANGEMENTNOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION ("HRA VEBA") PLAN Recitals: WHEREAS, the Internal Revenue Code Section 501 (c)(9) allows for the creation of a voluntary employees' beneficiary association which is a tax-exempt health and welfare trust; and WHEREAS, IRS regulations and guidelines allow an employer to offer health reimbursement arrangement (HRA) plans; and WHEREAS, such HRA plans are available to governmental employers in the Northwest; and WHEREAS, the Voluntary Employees' Beneficiary Association for Public Employees in the Northwest Trust ("Trust") offers and will administer an HRA entitled "Voluntary Employees' Beneficiary Association Medical Expense Plan for Public Employees in the Northwest as Amended and Restated January 1, 2007" ("Plan"); and WHEREAS, The City of Ashland ("Employer") has determined that establishing an HRA plan which provides a tax-free defined contribution account for employees to pay for medical, dental, vision and tax qualified long-term care premiums and non-covered healthcare expenses is in the best interest of the Employer and its employees; and WHEREAS, the Employer desires to establish an HRA plan for its employees; and WHEREAS, the Employer desires to use the services of the Trust to administer such Plan; and WHEREAS, such HRA established by the Employer will be administered in accordance with the Plan documents provided by the Trust on file in the Employer's main office. THE CITY OF ASHLAND RESOLVES AS FOllOWS: Section 1. Effective, July 1, 2008 the Employer hereby elects to participate in the Plan and Trust as presently constituted or hereafter amended using the Trust as its plan administrator for the benefit of eligible employees as defined by Employer policies or collective bargaining agreements. Section 2. The Plan will be funded with Employer contributions in amounts determined from time to time pursuant to Employer policies and collective bargaining agreements. Section 3. The City Administrator is authorized to execute documents and establish procedures consistent with Plan and Trust provisions and applicable Employer polices and collective bargaining agreements necessary to effect the adoption and administration of the Plan. 071508 HRA VEBA Plan.atch1.doc This resolution was duly PASSED and ADOPTED this 2008, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney 071508 HRA VEBA Plan.atch1.doc HRNEBA A HEALTH REIMBURSEMENT ARRANGEMENT FOR PUBLIC EMPLOYEES IN THE NORTHWEST www.hraveba.or What is the HRA VEBA Plan? The HRA VEBA plan, formerly known as the MSA VEBA plan, is a tax-free health reimbursement arrangement (HRA) that enables your employer to make tax-free contributions into a special trust account on your behalf. These tax-free funds can then be used to payor reimburse eligible out-of- pocket healthcare costs and premiums for yourself, your spouse and your qualified dependents. The HRA VEBA plan is available to employees of counties, cities, towns and special purpose districts in Washington, Oregon and Idaho. School district employees in Oregon and Idaho are also eligible. What is an HRA? IRS guidance defines an HRA as a health reimbursement arrangement funded by an employer for the purpose of reimbursing out-of-pocket healthcare expenses and premiums incurred by an employee, spouse or qualified IRS dependents. In Washington, these arrangements have been commonly referred to as "VEBA" plans for more than two decades. However, the technical term defined by the IRS is "HRA". What is a VEBA? A VEBA is a voluntary employees' beneficiary association authorized by Internal Revenue Code Section 501(c)(9). VEBAs are a special type of tax -exempt trust vehicle which provides employee benefits. Hundreds of public employers in the Northwest have adopted the HRA VEBA Plan - a VEBA program which offers a health reimbursement arrangement (HRA). An HRA provides employees and retirees with a tax-free source of funds to payor reimburse qualified out-of-pocket healthcare expenses and premiums. s ~OO.OOO (;I{O\\ 1'\(, Co>., I Are you prepared? Governmental employees everywhere are struggling to cope with the rising cost of post-employment healthcare. Growing Cost of Post-employment Healthcare For Governmental Employees Retiring at Age 60 $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 $923K 60 55 50 Current Age PSE 03 (Revised 11/06) 45 40 Today, the average public retiree and spouse will spend over $ 300,000 in out-of-pocket retiree healthcare costs by age 84! If you are 15 or more years away from retiring, you and your spouse may need $700,000 or more! Find your current age on the graph below to learn how much you and your spouse will need. Retiree healthcare expenses can include premiums for medical, dental, vision and tax-qualified long-term care insurance coverage; Medicare Parts Band 0; Medicare supplement plan premiums; deductibles; co-payments for office visits and prescription drugs; over-the-counter (aTe) medications, etc. Out-of-pocket healthcare costs (i.e. annual deductibles, co-payments, dental, vision, etc.) for active employees are increasing as well. Are you doing what is necessary to begin preparing for this growing need? T \'-IIU 1 SOllI 110'\ What are the tax objectives? The tax objectives are to enable your employer to make tax-free contributions to the plan on your The graph to the left shows what a typical Washington State public retiree and spouse will likely spend on post-ernployment health care, depending on their current age, using the following basic assumptions: . Em po~e and spoose retire today at age 60 . Life expectancy to age 84 . Purchase PEBB Uniform Medica Plan for retiree and spouse to age 65 . Purchase Medicare Parts Band 0 and Medicare supplement plan after age 65 . Purchase PEBB retiree dental inSUra1ce pial . Spend $500lyaar on incidental out-of-pocket expenses (deducti~es, co-pa~nts, etc.) . 5% annual increase il premiums and expenses I) I S l RIP I I () '\ ( ) I P I \ '\ B I '\ I I I I S behalf, for your account to be credited with tax-free investment earnings, and to enable you to obtain tax-free reimbursements for your eligible out- of-pocket healthcare expenses and insurance premiums. Contributions, earnings and withdrawals are not tax reportable. Contributions will not be included on Form W-2 from your employer and you will not receive a Form 1099 for any earnings or withdrawals. Why should I participate in the HRA VEBA Plan? Healthcare costs are increasing each and every year. The HRA VEBA plan provides a tax-free source of funds to pay for the growing cost of healthcare expenses for you, your spouse and your qualified dependents. You can use your account anytime, before and after separating employment, to reimburse eligible out-of-pocket expenses. After leaving employment, you can also use your account to pay qualified insurance premiums. What does "tax-free" really mean? Your account is exempt from all taxes. All contributions, earnings and withdrawals are 100% tax-free. You could save up to $ 300 or more in taxes for every $1,000 contributed to the HRA VEBA plan(I). Contributions to tax -deferred investments such as traditional IRAs or 457, 401(k) and 403(b) plans are subject to Social Security and Medicare taxes, and federal income tax is merely postponed until you make withdrawals. T \\'-IIU 1 Co'\ IIUBllll()'\.... How can my account be funded? There are many potential tax-free funding sources: 1. Lump-sum leave cash outs annually or at separation (Le. 2. T \\'-IIU I I, \1{'\I'\(,.... What investment options are available? The HRA VEBA plan's participant- directed investment fund choices can be summarized as follows: Option A: Do-it-yourself Build your own asset allocation portfolio using funds from among seven individual asset classes. Option B: Choose a pre-mix Select one of four professionally designed pre-mixed asset allocation portfolios with a risk level based on your projected time horizon (Le. the length of time until you expect to begin filing claims). Detailed information can be found on the enclosed Investment Fund Information brochure. Please read this information carefully and consult with your personal financial advisor before making an investment decision. The trustees, plan consultant and third- party administrator (TPA) do not give investment advice. Will my account nrow? Net investment earnings (or losses) after fund management and trust administrative expenses have been deducted are credited tax-free to your account on a monthly basis. How often can I channe the investment allocation of my account? You can change your investment fund allocation as often as once a month. ;\\1 \\Bll{....11I1' I~'\I{OII \\1 '\ I When do I become elinible to enroll and participate in the plan? Typically, after your employer adopts the plan, your union/ employee group makes a group decision to determine how the plan will be funded and who will be eligible to participate. Upon meeting the eligibility requirements, simply complete an HRA VEBA plan Membership Enrollment Form and return it to your employee benefits office. You will become a participant and your account will be activated when the TPA receives a contribution from your employer and a completed and signed Membership Enrollment Form on your behalf. IRS rules require that all union/employee group members defined as eligible must participate. (I) Tax savings are approximate. DISLRIPrI(),\ ()I PI \'\ BI'\IIIIS T \ \ -I R I I \V I I II [) R \ \\ \ I S How do I net money out of my account? Simply mail, e-mail or fax a completed Claim Form to the TPA. You will need to include proper substantiation of your expense such as a detailed receipt or an EOB (Explanation of Benefits) from your insurance provider. Withdrawals from your account can be made only for eligible out-of-pocket healthcare expenses and premiums. Claims payment is efficient and hassle free. Multiple expenses can be submitted on a single form. Direct deposit is available to make your claims reimbursement even more convenient and secure. You can even reimburse or pay your eligible monthly insurance premiums automatically by submitting a Systematic Payment Form. Claim Forms and Systematic Payment Forms can be obtained online at www.hraveba.org or by contacting the TPA. When can I benin usinn my account? You don't have to wait until you separate from service to begin using your account. After becoming a participant, you can file claims to pay or reimburse eligible out-of-pocket healthcare expenses and premiums for yourself, your spouse and your tax-qualified dependents at any time. Eligible expenses submitted for reimbursement must be incurred after your account is first activated. It's easy to file a claim and payments are processed daily from Spokane. Is there any "use-it-or-lose-it" requirement? No. Unlike Section 125 flexible spending accounts (FSAs), unused funds in your HRA VEBA account are carried over from year to year. What happens if I take a leave of absence, resinn or retire? If you take a leave of absence, resign or retire, you may use your account until funds are exhausted. What happens if I die with funds remaininn in my account? If you are survived by a spouse or dependent children (or other dependents as dermed by the IRS), they may submit requests for medical expense reimbursements until your account is used up. If you have no surviving spouse or eligible dependent(s), the funds remaining in your account will be paid as medical expense reimbursements to the heir( s) of your estate. Payments to heirs will be taxable. Effective October 1, 2009, payments to heirs will no longer be permitted, and unused account balances will forfeit to the Plan. NOTE: IRS Revenue RulinB 2006-36 requires the Plan to discontinue providinB reimbursements to heirs Jor expenses incurred on or cifter October 1, 2009. This rulinB only cifJects benifits paid to heirs; reimbursements to a survivinB spouse or dependent(s) will continue. What expenses and premiums are elinible? Eligible expenses for yourself, your spouse and qualified dependents can include office visits; over-the-counter medications and prescription drug co-payments; annual deductibles; and many other medical, dental and vision costs not covered by your insurance plan(s). All medical, dental, vision, tax-qualified long-term care (subject to IRS limits), Medicare Part B, Medicare Part D and Medicare supplement plan premiums are also eligible. Insurance premiums paid by your employer or deducted pre-tax through a Section 125 Cafeteria Plan are not eligible for reimbursement. A sample listing of eligible expenses can be viewed at www.hraveba.org. Eligible expenses and premiums are defined in IRC Section 213( d). Qualified dependents are defined in IRC Section 105(b) and described in IRS Publication 502. IRS publications may be obtained by calling 1-800- TAXFORM or by visiting www.irs.gov. Can any retiree medical premium be paidfrom my account? Yes. The cost of any qualified medical insurance plan you elect to use during retirement can be paid or reimbursed from your account, including Medicare Part B, Medicare Part D and Medicare supplement plans. How often will I receive an account activity statement? You will be sent a semi-annual participant activity statement in January and July detailing your account activity. Can I access my account online? Yes. Convenient online account aq:ess [)ISCRIPII(),\ ()l PI \'\ HI'\IIIIS allows you to view your account activity, update personal information and submit investment fund allocation changes. For online access to your account, visit www.hraveba.org. Who is the third-party administrator? REHN & ASSOCIATES, located in Spokane, is the third-party administrator (TPA). Founded in 1961, REHN & ASSOCIATES is an experienced employee benefits administrator with. highly - trained staff specializing in HRA administration. The TPA provides all correspondence, accounting and benefit payment services. Please immediately notify the TPA of any address, name or systematic premium payment changes. Who is responsible for mananinn the HRA VEBA plan? The HRA VEBA plan is offered by a non-profit, tax-exempt VEBA trust managed by a board of trustees elected by the plan participants. What are the trustees' responsibilities? The trustees are fiduciaries and have a duty to act prudently and in the best interest of all plan participants and beneficiaries. How are the trust expenses paid? All expenses of operating the HRA VEBA Trust are paid by a $ 1. SO/month per account fee, plus an annualized fee of approximately 1 %. The annualized fee is paid by a reduction to investment earnings or, if there are not earnings, charged as a deduction to participant accounts. Trust operating and administrative expenses vary slightly from month to month and include legal fees, consulting, local servicing, printing, postage, auditing, claims processing, account administration, etc. Where can I net more information? To learn more, visit www.hraveba.org. For information regarding your account, questions about claims or to request forms, contact the TPA, REHN & ASSOCIATES, at 1-800- VEBA 101 (832-2101 ). For general plan information, employer adoption inquiries or to schedule an informational group meeting, contact your representative at the VEBA Service Group, LLC regional office nearest you. In Eastern Washington, Oregon or Idaho, call1-800-888-VEBA (8322). In Western Washington, call 1-800-422-4023. H E~ c ~. -~ A HEALTH REIMBURSEMENT ARRANGEMENT FOR PUBLIC EMPLOYEES IN THE NORTHWEST Council Communication CITY OF A.SHLAND Personal Services Contract with Harrang Long Gary Rudnick, P.C., for several cases under prior consolidated services contract. July 15, 2008 Primary Staff Contact: Richard Appicello Legal E-Mail: appicelr@ashland.or.us Administration ~ Secondary Contact: Martha Bennett Martha J. Bennett ~ Estimated Time: Consent Meeting Date: Department: Secondary Dept.: Approval: Question: Will the Council approve a new contract with Harrang Long, Gary Rudnick P.C. for legal representation through June 2009 on cases previously covered under the consolidated services contract approved December 4, 2007? Staff Recommendation: Staff recommends Council approve a total contract, not to exceed $65,000 for FY 08/09. Background: In December 2007, Council approved a consolidated contract in the amount not to exceed $175,000 with Harrang Long, et.a!., for legal representation in several litigation matters. Of the $175,000 authorized, approximately $90,000 was expended. Many of the cases (primarily before the Court of Appeals) have not been concluded. For the new fiscal year legal staff proposes a reduced contract to handle the uncompleted items: The uncompleted items are as follows: 11. Art Bullock v. City of Ashland [LURA] [247 Otis Street (Helman Baths) Final Plan (contract includes appeal 0 COl!rt of Appeals, if any) 12. Art Bullock v. City of Ashland ! (Nevada St LID Final Assessment) - (2007) I I 1 [A~ eal to Oregon Court of Appeals] P Art Bullock v. City of Ashland Consolidated cases (2 cases) 14. (2004 Nevada St LID cases) I [ApP~'!-!..!.~.~l!'!~l!f1Pl!~~!.~1. . !5. Art Bullock, Phil Lang, and Colin Swales v. City of Ashland ! [~PP~.'!:!..!.l! CO~~..l!f AppealsJ ....... .'M... .w...... wo. .. .... .W" ......... .M......W.... ........ ...... 16. State of Oregon ex reI Park St. Apartments, LLC v. City of I Ashland, Art Bullock and Phil Lang, Intervenors [Appeal to Court of Appeals] cases: to be ass~g!!.~~w~~w!!~~~~~ Page 1 of2 071508 Hurrang Long.CC.doc LUBA 2007-218 $10,000.00 07-3346-Z3 $10,000.00 CA A-131252 $10,000.00 CA A-133660 (04-3971-Z3 & 04- 3972-E7) LUBA 2007-113 $10,000.00 Appeal No. . $10,000.00 A137118 TOTALS CITY OF ASHLAND Note: Legal services are exemptfromformal competitive selection pursuant to AMC 2.52.050.E. and personal service contracts on a single legal matter can be administratively approved if the contract does not exceed $50,000.00. This matter is brought to the Council because the prior contract came to the Council. Staff recommends that the City continue with the same outside legal counsel rather than bringing the case in-house to both take advantage of the institutional knowledge ofHarrang Long and to avoid having this workload on City legal department staff. Related City Policies: This decision is governed by City purchasing policy as outlined in AMC 2.52, which includes an exemption for contracts for legal representation. Council Options Council can: · Approve the contract as requested · Approve an amount less than $65,000. · Reject the proposed contract and transfer responsibility for the cases to the City Attorney. Potential Motions: I move to: · Approve the 2008-2009 personal services contract between the City of Ashland and Harrang Long Gary Rudnick, P.C. for legal representation on matters as set forth in the contract Exhibit. · Reject the contract and direct legal staff to represent the City in these cases. Attachments: None. Page 2 of2 071508 Hurrang Long.CC.doc CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Approval of a Sole Source Procurement greater than $75,000 Dry Creek Landfill Primary Staff Contact: E- Mail: ~ Secondary Contact: fir Estimated Time: July 15, 2008 Public Works, WWTP Purchasing Martha Bennett Michael Faught faughtm@ashland.or.us David Gies Consent Statement: Will the Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the disposal ofbiosolids from the Wastewater Treatment Plant at the Dry Creek Landfill? Staff Recommendation: Staff recommends that the public contract be awarded to Dry Creek Landfill. Background: Biosolids from the Wastewater Treatment Plant are required to be disposed of in a manner that meets all federal and state regulations. Per the attached written findings, the closest local approved disposal site for biosolids in the Rogue Valley is Dry Creek Landfill. Biosolids are hauled daily to the landfill site for burial. Dry Creek Landfill will accept the material at the current fee of $41.00 per ton through June 30, 2009. The amount budgeted for fiscal year 2009 is $115,000.00 - Approximately 2,800 tons @ $41.00 per ton. The Wastewater Division is focused on efficient cost savings and will look to improve the consistency in the bioso1ids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing biosolids. Related City Policies: Section 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: i. The contract has a total value of seventy-five thousand dollars ($75,000) or less; 11. The contract does not exceed a twenty-four month contract period; 111. The contract provides that the contract may be terminated by the City for convenience thirty (30) or fewer days following delivery of written notice to the contractor; IV. Funds are budgeted for the purpose of the contract; v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions set forth below; in Section 2.50.025, and, VI. All other requirements for public contract code procurement have been satisfied. Page 1 of2 071508 Dry Creek Landfi11.CC.doc r~' CITY OF ASHLAND Section 2.50.075 Sole Source The appropriate department head shall determine when there is only one seller or price of a product of the quality required available within a reasonable purchase area. To the extent reasonably practical, the appropriate department head shall negotiate with the sole source to obtain contract terms advantageous to the contracting agency. The determination of a sole source must be based on written findings that may include: (1) That the efficient utilization of existing goods requires the acquisition of compatible goods or services; (2) That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (3) That the goods or services are for use in a pilot or an experimental project; or (4) Other findings that support the conclusion that the goods or services are available from only one source. Council Options: The Council, acting as the Local Contract Review Board, can approve the contract recommendation or decline to approve the contract recommendation. Potential Motions: The Council, acting as the Local Contract Review Board, moves to award the public contract to Dry Creek Landfill. Attachments: Written Findings Letter from Dry Creek Landfill Page 2 of2 071508 Dry Creek Landfil1.CC.doc ri.' CITY 0 f ASHLAND Me.mo DATE: July 3, 2008 TO: Lee Tuneberg~ finance Direclor FROM: David Oies,WastewalcrSystemsSupervi~oT RE: findingsfo)' Sole Source Procurement - Dry Creek Landfi n The City of Ashland operates ilsWastcwatcr Trcatmcnl Plant under a permit issuedhy the Department of EnvironmcotaLQuality. WC.3!C required to dispose of the biQsolids generated at our facility daily. These solids need to bchandtcd properly and Duriedin a timely marmer. Wegencratcao average l)f One 12 yard dump truck loaddaHy. Dry Creek Landfill is (he c.:losestapproved site that \VC can. dlsposCt)f these solids Jarbutinl. Thank you. ./). ..... /. 1....1 . .1/Ud:Jtd; r'!<~ David Gies Wastewater Systems Supervisor - PUFlCHAS.NG Finance Depar1men, 9etH. Moun1ain A",enu& Ashland. 018900 97520 www.ashland.Of;\JS Tel: 541""5354 Fax: $41. ~.S$20 T1Y: &'JO.735.29oo ,., . f<e: .~.~~CjK":L8nalilt:;Slij~~lli~sal.Pti~in& t>ta.f'1(~:~ ;(;m4~M()$$~.^~,>untml. CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Appointment to Downtown Task Force July 15,2008 Primary Staff Contact: Ann Seltzer Administration E-Mail: ann@ashland.or.us None Secondary Contact: None Martha'B Estimated Time: consent Question: Will the Council approve the appointment of Don Laws to the Mayor's Downtown Task Force? Recommendation: Staff recommends Council approve the appointment. Background: At the July 1, 2008 the Council approved the Mayor's recommended appointments to the Downtown Task Force. The Mayor believes Don Laws brings institutional knowledge to the issues facing the group and would like to add him to the task force. Mayor's Downtown Task Force Pam Hammond, Paddington Station, Chair John Morrison, Mayor Renee Compton, Rocky Mountain Chocolate FActory Daniel Greenblatt, Greenleaf Restaurant George Kramer Citizen at large (limited availability) Dana Bussell, Public Art Commission John Stromberg, Planning Commission Dave Dotterer, Planning Commission (unconfirmed) Dale Shostrom, Citizen at large (limited availability) Related City Policies: Ashland Municipal Code Council Options: Approve or deny the appointment. Potential Motions: Move approval of the appointment. Attachments: None Page ] of] 07]508 Downtown Task Force - Don Laws.CC.doc ~4.' CITY OF ASHLAND Council Communication Council Appeal PA2008-00182, 500 Strawberry Ln. Outline Plan Meeting Date: July 15, 2008 Primary Staff Contact: Derek Severson Department: Planning E-Mail: seversod@:~ashland.or.us Secondary Dept.: N/A Secondary Contact: Bill Molnar Approval: Martha Bennett ~ Estimated Time: 30 minutes Question: Should the City Council grant a request for Outline Plan approval of a six-lot, five unit Performance Standards subdivision for the property located at 500 Strawberry Lane? The request also includes a Physical & Environmental Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project. Staff Recommendation: At its April 8, 2008 meeting, the Planning Commission approved the request for Outline Plan approval under the Performance Standards Options Chapter 18.88 for a six-lot, five-unit residential subdivision. Staff supports the decision of the Planning Commission, including the nine attached conditions, as stated in the findings. Background: On February 8, 2008, Robert and Laura McLellan filed the application for Outline Plan approval for a six-lot, five-unit residential subdivision at 500 Strawberry Ln. A public hearing to consider the Outline Plan application was conducted before the Planning Commission on March 11,2008. At the conclusion of the hearing, one of the parties, neighbor Catherine Dimino, requested that the record be held open for seven days. The applicants requested an additional seven days to respond to additional written arguments, and the Planning Commission moved to hold the record open as requested and continued their deliberations to the April 8, 2008 meeting. At the April 8, 2008 meeting, the Commission deliberated and approved the application with nine conditions. The findings were reviewed and approved by the Commission at the April 8, 2008 meeting and signed by the Commission Chair on April 9, 2008. A timely appeal was filed by Catherine Dimino on April 28, 2008, and a public hearing on the appeal was held before the City Council on June 17,2008. At the conclusion of public testimony, appellant Catherine Dimino requested that the record be held open for seven days. The applicants requested an additional seven days to respond to new submittals. The City Council moved to hold the record open as requested and continued deliberations to the July 15, 2008 regular meeting. Page 1 of3 071508500 Strawberry Lane.CC.doc r~' CITY OF ASHLAND The following items have been received into the record since the June 17, 2008 public hearing: June 17,2008 30-Day Extension provided by Robert McLellan Self-explanatory. June 22, 2008 E-mail from Debra Allen Kutcher "Re: parking spaces atop Hitt Road" Kutcher spoke at the June 17, 2008 public hearing, and in this e-mail reiterates her opposition to the installation of any parking spaces or bays on Hitt Road. She states that she would prefer an alley through the subdivision if it does not harm the applicants' plans too much. June 25, 2008 Additional Submittal from appellant Catherine Dimino The appellant further addresses the issues raised in her appeal request: application of lot coverage, the Exception to Street Standards, and the proposed building envelope for Lot 1. Dimino also asks that Lot 1 not be required to provide three off-street parking spaces, that street trees be provided on lower Hitt Road, that two small oaks not be removed until a final driveway location is determined, that mistletoe be removed from a mature tree, that the existing driveway be modified to provide an alley, and that better access is needed to properly maintain the proposed open space. July 2, 2008 Written Response from applicants' agents Urban Development Services The applicants' agents provide written responses to the appellant's June 25 submittals and to the issue ofHitt Road parking discussed in Kutcher's June 22 e-mail. In staff s assessment, the materials received since the June 1 ih, 2008 meeting simply reassert issues which have already been raised in the record in the written submittals and oral testimony before the Tree Commission, Planning Commission and City Council. The most significant issue continues to be with the proposed application of lot coverage to allow Lots 1 and 2 to each have 26 percent coverage, Lot 3 to have 28 percent coverage, and Lots 4 and 5 to each have 20 percent coverage. Lot 6, a commonly owned open space tract which would protect the most steeply sloped and heavily forested portion of the site, would be allowed no lot coverage and as such the coverage for the subdivision as a whole would be limited to 20 percent as required in the zoning district. In their April approval of the application, the Planning Commission made a finding that the Performance Standards Options Chapter provides for more flexibility than is permissible under conventional zoning codes in order to reduce the impacts of development on the natural environment, and that this flexibility can be applied to look at lot coverage in terms of the subdivision site as a whole in order to protect natural features of the site while providing for the architectural creativity and innovation that the chapter seeks to encourage. Considerable argument has already been presented by staff in support of this finding, and staff continues to believe that considering the coverage of the subdivision as a whole is the methodology most suited to implementing the purpose and intent of the chapter while considering the full impact of the proposal. Should the Council find the proposed coverage to be inappropriate, the Performance Standards Options Chapter provides the ability to require changes or impose conditions which the Council finds necessary to conform to the standards of the ordinance and the purpose of the Chapter. Page 2 of3 071508500 Strawberry Lane.CC.doc r~' CITY OF ASHLAND This item is time sensitive. While the applicants have provided a 30-day extension to the 120-day rule to accommodate the continuation of the meeting, the time limit on the application will expire July 31, 2008 with the extension. Ideally, a decision will be made and findings adopted at the July 15, 2008 meeting, and to this end draft findings have been provided as an attachment. Related City Policies: N/A. Council Options: The Council may approve, approve with modifications and conditions, or deny the application. Potential Motions: Move to approve the application for: Outline Plan approval under the Performance Standards Options Chapter 18.88 for a six-lot, five-unit residential subdivision; Physical & Environmental Constraints Review Permit for Development of Hillside Lands; Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger; and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project for the property located at 500 Strawberry Ln. in PA 2008-00182 with the conditions of approval attached by the Planning Commission as stated in the Findings and Orders dated April 8, 2008. Move to approve the application for: Outline Plan approval under the Performance Standards Options Chapter 18.88 for a six-lot, five-unit residential subdivision; Physical & Environmental Constraints Review Permit for Development of Hillside Lands; Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger; and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project for the property located at 500 Strawberry Ln. in P A 2008-00182 with modified conditions of approval. Move to deny the application as submitted. Attachments: Items submitted for the record since the June 17th, 2008 public hearing Draft findings Page 3 of3 071508500 Strawberry Lane.CC.doc r~' IN THE MATTER OF PLANNING ACTION #2008-00182, a request for Outline Plan Approval to allow a six-lot, five-unit subdivision under the Performance Standards Options Chapter 18.88 for the property located at 500 Strawberry Lane. The application also requests a Physical & Environmental Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project. REQUEST FOR AN EXTENSION OF THE TIME LIMIT ORS 227.178(1) APPLICANTS: & Laura Applicants request a 30-day extension to the time limit set forth in ORS 227.178(1). ~ -........,~ ~, 6-/7-C)~ Date ........--- Applicant Applicant Date [Note: ORS 227.178(5) provides that the "120-day period set in (ORS 227.178(1)) may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 245 days."] Page 1 of 1 Derek Severson - Re: parking spaces atop Bitt Road "~~EIVED From: "debra allenkutcher" <seabiscuittravel@gmai1.com> To: "Derek Severson" <dereks@ashland.or.us> Date: 6/22/2008 1:12 PM Subject: Re: parking spaces atop Hitt Road JUN 2 2 2008 CitVofARhland Community Oevelopmenl Dear Derek, It was nice to see you last Tuesday during the meeting. I thought your presentation was very well done and easy to understand. Thank you for distributing my e-mail to the City Council. I believe that the public record is still open. If it is I would like to reiterate that I am opposed to any parking spaces or bays on Hitt road. There are other trail heads off of Strawberry Lane which hikers seem to access easily from Birdsong. I think less is best when it comes to asphalt. In response to the comments of an alley through Robert's subdivision. If it doesn't harm Robert's plans too much, I think it is a terrific idea. The slope is much gentler that Hitt road, it does provide and alternate safety route for fire and when it snows, Hitt Road is like an Olympic ski jump course. Perhaps it would even make the lots more sellable. I am trying to think of all positives, and still limit car traffic on Hitt, and provide a safe environment for my children and animals, keeping within the city standards and codes. Thank you so much for taking the time to read this letter. I know that you and the Council are very busy. Sincerely yours, Debra Allen Kutcher 400 Strawberry Lane On Tue, Jun 10, 2008 at 10:48 AM, Derek Severson <dereks@ashland.or.us> wrote: Debra, Thank you for your comments. I'll see that they are distributed to the City Council for consideration at the hearing on Tuesday, June 17th. Derek Severson, Associate Planner City of Ashland Planning Division 51 Winburn Way Ashland, OR 97520 e-mail: .sy..yer~Q..D@ashland.Qr.us Phone: (541) 552-2040 Fax: (541) 552-2050 ITY: 1-800-735-2900 This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know at (541) 552-2040. Thank you. file://C:\Documents and Settings\seversod\Local Settings\Temp\GW}OOOOI.HTM 6/26/2008 fOJ.o. ~ @[ED m ~ W.I]....... ... ill! JUN 2 5 2007 ~ By Lot Coverage Misinterpretation........................... ............. ... .................... ............. .............. 1 Definition of Coverage Fails to Provide Redistribution Interpretation .......................... 1 Definition of Lot Fails to Provide Redistribution Interpretation .................................... 4 Perfonnance Standards Flexibility Fails to Provide Redistribution Interpretation.......... 4 Why is there a definition for Site Coverage? ..................................................................6 Street Standards Exception not Met...... ........... ............ ....... ..... ......... ....... ....... ......... ...... ..... 7 Inadequate provisions for Maintaining Open Space........ .................. ............. ................. 7 Inadequate Trees on lower end of Hitt Road ....................... ............... ..... .................... .... 8 Building Envelop for Lot 1 does not meet the intent of 18.88.010....................................8 Summary.... ................ ...... .... '" ................. .......... ........... ...... ........ ................. ...... ......... ........ 9 Lot Coverage Misinterpretation The current application to subdivide 500 Strawberry Lane is in the R-R Rural Residential District. This district dictates that lots in Y2 acre zoning are subject to a maximum of 20% coverage. The current application is requesting 26%,260/0, and 28% lot coverage for lots 1-3, respectively. The City interprets the 200/0 maximum lot coverae:e code for this district to mean that the applicant can redistribute site coverae:e such that the total coverage of all lots in the subdivision is no more than 200/0 of the project site. The City is incorrectly applying code, and I will prove this using the Land Use Code taken from the City's website effective as of June 18,2008. I've been given different reasons why the maximum lot coverage requirements can be expressed as a percentage of the total project site as a whole and that this percentage can be redistributed in varying amounts among the lots in the subdivision. The different reasons have been: . The definition of 'Coverage, lot or site 1 provides this capability. . The definition of 'Lot 1 plays a part in allowing this capability. . The flexibility in the Performance Standards Options provides conditions which allow this capability. . Procedure for Approval plays a part in allowing this capability. This was mentioned briefly in a conversation without any specificity. I looked for something in the code, but could not find anything that might apply. lftherc is code that gives the City the right to reinterpret lot coverage, I haven't been given a code reference. To properly refute the City's interpretation, I need to know which code is used to interpret the code as they do. While this feels like it is a moving target, I'll address the code that I've heard mentioned and supply code to refute the City's interpretation. Definition of Coverage Fails to Provide Redistribution Interpretation The following are excerpts from the Land Use Code effective as of June 18, 2008. I /1 7 . .__...........-~' Chapter Section Land Use Code 18.08 18.08.160 Total area of all structures, paved driveways, or other Defini~ions Coverage, soil disturbances that will not allow normal water lot or site infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping which does not negatively impact the natural water retention and soil characteristics of the site shall not be deemed part of the lot or site coverage. ]8.16 R-R 18.16.040 B. Maximum lot coverage: Rural General 1. One-half (Vi) acre Jots (RR-.5): twenty (200/0) percent Residential regulations maximum. District 2. One (1) acre lots (RR-I): twelve (12%) percent maximum. 3. Two and one-half(2 Vi) acre lots (RR-2.5): seven (7%) percent maximum. Starting with the definition of coverage, the terms defined are Coverage, lot or site This means two (2) terms are defined - lot coverage and site coverage. Since one (1) definition is used to defined 2 terms~ the definition applies to a lot or a site. The sentence that tends to be misleading is: The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Since the same definition is used to define lot coverage or site coverage, the complete sentence specifies coverage for. a "lot or site", which is a same as saying: Coverage, lot The coverage is expressed as a percentage of such area in relation to the total gross area of the lot. Coverage, site The coverage is expressed as a percentage of such area in relation to the total gross area of the site. However, the city has chosen to parse the terms and sentence as follows 2 Coverage, lot or site The lot coverage is expressed as a percentage of such area in relation to thc total gross area of the (lot or site). The site coverage is expressed as a percentage of such area in relation to the total gross area of the (lot or site). There are several problems with this interpretation. . If lot coverage is expressed as a percentage using thc total gross area of the site, then the sum of all lots together is more than the maximum covcrage for a site. For example, let's say you have a 5 acre site with ~ acre zoning and you divide the subdivision into five (5) 1 acre lots. Lot Coverage using I-Jot Coverage using Site 200/0 of tota I gross 200/0 of total gross area of the 1 acre area oftbe 5 acre lot is .2 acre site is 1 acre 1 .2 acre 1 acre 2 .2 acre 1 acre 3 .2 acre 1 acre 4 .2 acre 1 acre 5 is open space Total .8 acre 4 acre It is obvious this isn't the intention of the definition. However, this is the result when you parse the sentence as written. The coverage for the total gross area of the site is 1 acre, therefore each lot gets 1 acre. The sentence does not say"... total gross area of the site and redistributing that value among the lots within the site". If you were to redistribute just the 1 acre site value among the lots, what code prohibits an inequitable redistribution of coverage as demonstrated in the last column below. - Lot Fair Fair Unfair Redistribution Redistribution Redistribution 1 .2 acre .25 acre .4 acre 2 .2 acre .25 acre .4 acre 3 .2 acre .25 acre .1 acre 4 .2 acre .25 acre .1 acre 5 open .2 acre .0 acre .0 acre ~'p'ace Total I acre 1 acre I acre 3 If you Google ~'coverage, lot or site" on the internet, there is evidence "Coverage, lot or site" defines 2 terms. For example, Coverage, lot or site - <their definition> Lot coverage - see Coverage, lot or site Site coverage - see Coverage, lot or site Definition of Lot Fails to Provide Redistribution Interpretation Chapter Section Land Use Code 18.08 18.08.350 A unit of land created by a partition or a subdivision, Definitions Lot or a unit or contiguous units of land under single ownership, which complies with aH applicable laws at the time such lots were created. Any contiguous ownership of non-conforming lots will be considered ___--"".'mm" one (1) tract of1and.(O~~. 2097 st, 1980) At the City Council meeting on June 17, it was stated that one definition of Lot is a contiguous unit of land under single ownership. The implication of this statement is that the percentage of the total gross area of a 5 acre "lot" is 1 acre. There are 2 problems with this reasoning: . Since this is a subdivision the first definition applies - a unit of land created by a partition or subdivision. . If you ignored the above point and applied the contiguous unit of land under single ownership definition, then the lot coverage definition generates the same results as stated in Definition of Coverage Fails to Provide Redistribution Interpretation. Each unit ofland would get 20% of the total gross area of the 5 acre lot (i.e. contiguous units of land under a single ownership), which is 1 acre. Performance Standards Flexibility Fails to Provide Redistribution Interpretation Chapter Section Land Use Code 18.88 18.88.020 The following terms are defined for the purpose of this Performance Definitions Chapter and do not otherwise apply to the Land Use Standards Ordinance: [the terms defined are Block Length. Block Perimeter, Building Envelope, City Facility, Diameter Breast Height, Homeowners Association, Obstructed Street, Oven Svace, Pedestrian Path, Street Standards] 18.88 18.88.100 Developm~nts exercising t~_e Performance Standards ......AW.W-.- 4 Performance Applicability I option shall be required to meet all other applicable Standards of Other I sections of tbe Land Use Development Ordinance Sections of except for minimum lot size, lot width, lot depth and the Land Use setback requirements, and except as otberwise Development provided in this Chapter. All public improvements and Ordinance commonly owned areas in a Performance Standards development shall follow the same procedure as a subdivision for bonding. (Ord. 2356, 1985; Ord. 2484 S4, 1988; Ord. 2630, ] 991) 18.88 18.88.090 A. The Council may adopt guidelines for Performance Performance Perfonnance Standards developments by resolution. These guidelines Standards Standards may contain: Guidelines 4. Interpretations of the intent and purpose of this Chapter, applied to specific examples. B. Before the Council may adopt or amend the Guidelines, a Type II public hearing must be held by the Commission, and its recommendations and a summary of the hearing forwarded to the Council for its consideration. 18.88 18.88.010 The purpose and intent of this Chapter is to allow an Perfonnance Purpose and option for more flexible design than is permissible under Standards Intent the conventional zoning codes. The design should stress energy efficiency, architectural creativity and iJUlovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neh~hborbood. The "coverage, lot or site" definition is in the 18.08 Definitions chapter. There is no other definition of coverage in the 18.88 Performance Standards Option or any other chapter. Consequently, any interpretation of coverage applies to subdivisions, partitions, manufactured housing, and perform~ce Standards Option. 18.88.020 Definitions defines terms for the purpose of Performance Standards Options Chapter and do not otherwise apply to the Land Use Ordinance. Note, coverage is not one of the terms defined, and "coverage" is not used anywhere in Chapter 18.88. 1 8.88.100 says you must apply all applicable ordinances unless an exception is provided in this chapter. Coverage is not provided as an exception in this chapter. 18.88.090 says the Council may adopt guidelines, but the only guidelines in code provided pursuant to 18.88.090 are ones pertaining to: a turnaround for flag drives, dead roads, or private drives; and on-street parking standards. 5 18.88.010 says the purpose and intent of the chapter is to reduce the impact on the neighborhood. 20% lot coverage could be achieved by increasing the lot sizes for lot 1-3. The larger lots would not affect the natural features that the applicant wants to preserve, and it reduces the concentration of lot coverage where it is most visible by neighboring homes in Strawberry Meadows. Why is there a definition for Site Coverage? .. .-.... ~ -. Chapter Section I"and Use Code 18.72 18.72.030 Site design and use standards shall apply to all zones of Site Design Application the city and shall apply to all development indicated in &Use this Chapter, except for those developments which are Standards regulated by the Subdivisions (18.80), the Partitioning (18.76), Manufactured Housing (18.84) and Performance Standards (18.88). 18.72 18.72.010 The purpose and intent of this Chapter is to regulate the Site Design Purpose and manner in which land in the City is used and developed, &Use Intent to reduce adverse effects on surrounding property Standards owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high qual ity development is maintained throughout the City. 18.08 18.08.780 An act of subdividing land or a tract of land subdivided Definitions Subdivision as defined in this Section. 18.08 18.08.540 To divide an area or tract of land into three (3) or fewer Definitions Partition lots within twelve (12) months. 18.08 18.08.350 A unit ofland created by a partition or a subdivision, Definitions Lot or a unit or contiguous units of land under single ownership, which complies with all applicable laws at the time such lots were created. Any contiguous ownership of non-conforming lots will be considered one (1) tract of land. COrd. 2097 S 1, 1980) Site is not defined in the ordinances. The code defines Subdivision, Partition, and Lot. The Application section of the Site Design & Use Standards Chapter states that this chapter applies to aJ1 development in the chapter except for developments regulated by Subdivisions, Partitioning, Manufactured Housing and Performance Standards. The Site Design and Use Standards chapter is used to create a business environment. The purpose of this evidence is to illustrate a reason for site coverage, other than a building site or subdivision project site. 6 You can argue that site coverage applies to a subdivision project site too. However, you cannot get around the fact that the coverage definition does not include "... total gross area of the lot or site and redistributing that value among the lots within the site". Street Standards Exception not Met Currently 500 Strawberry Lane has a driveway that runs from Strawberry Lane to the east side of the current home. The driveway should be improved to extend to Bitt Road and moved further north by Lot 3 to create an alley. The streets standards require adherence to the standards in the Street Standards Handbook, which contains Street Connectivity Approval Standards and Design Standards. The Street Connectivity Approval standards state streets shall be interconnected to promote the use of alternative modes, to provide for efficient provision of utilities and emergency services and provide multiple travel routes. The use of an alley is recommended where possible. The Design Standards emphasize that nothing is more important than human safety. The applicant is requesting an exception to the Street Standards because 3 new driveways have been added to Bitt Road. Hitt is a steep substandard street. The current driveway should be turned into an alley. It has many advantages that were stated in my testimony given on June 1 ih. To grant an exception to the Street Standards, the applicant must satisfy the all of the conditions below: . there is demonstrable difficulty in meeting the specific requirements of this chapter as defined in 18.88.050.A . the variance results in equal or superior transportation facilities and connectivity as defined in 18.88.050.B . the variance is the minimum necessary to alleviate the difficulty as defined in 18.88.050.C . the variance is consistent with the stated Purpose and Intent of the chapter as defined in 18.88.050.D There isn't a demonstrable difficulty in creating an alley. The alley is a superior design than adding more driveways to Hitt Road, and adding more driveways on Hitt Road is not the minimum necessary to alleviate the difficulty. Inadequate provisions for Maintaining Open Space 7 18.88.030 Procedure for Approval requires adequate provisions for the maintaining the open space and common areas before the Planning Commission shall approve the outline plan. The open space for the 500 Strawberry Lane subdivision is located at the south end of the subdivision where a gate blocks access to the open space by car. As a result: . The open space is not easily accessible by the lower lots. . Poor access makes it difficult to maintain the open space. Inadequate Trees on lower end of Hitt Road The Street Standards provide for streets trees every 30 feet. This requirement should be adhered to on lower end ofHitt Road where shade is important. The lack of the trees violates 18.88.050.C - variance is the minimum necessary to alleviate difficulty. Building Envelop for Lot 1 does not meet the intent of 18.88.010 The building envelop for lot fails to meet the intent of 18.88.010. Cba pter Section Land Use Code 18.88 18.88.010 The purpose and intent of this Chapter is to allow an Performance Purpose and option for more flexible design than is permissible under Standards Intent the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce tbe impact of development on the natural environment and neiabborbood. The written testimony I submitted on June 1 ih stated that a larger building envelop for each lot is more desirable because it allows for more architectural creativity. Lot 1 in particular has a problem. While trying to preserve the view of one neighbor, the applicant is 1. positioning the house in an unusual place on the lot, and sacrificing my view from my office where I spend most of my time 2. requiring more cut and fin because of the location My major concern is that the prospective buyer has the ability to build an architecturally interesting home. A larger envelope opens up the possibilities while still protecting the 8 Darling's view. Combining the envelope from the preliminary plan dated 10/12/07 with the current envelope gives the prospective buyer more options, and still protects the Darling's view. (By the way, the applicant showed us the envelopes from the preliminary plan, and 1 didn't find out about the revised plan until the Tree Commission Review.) If the buyer chose to build a house that required more than the maximum lot coverage, a variance would be required and conditions would be made that would mitigate the larger lot coverage. Summary Maximum lot coverage of 20% should be enforced. The 3 Jots in question can be made larger without affecting the special features of the site. If there is a reason for a larger coverage it should be looked at the time the plans are submitted for building the homes with the conditions that 1) 20% surfaces are impervious and the remaining surfaces are pervious and 2) there is a landscaping plan for the areas affected to mitigate the extra coverage. Lot), which is off of Strawberry, should not be required to have 3 parking spaces like the other lots. That only increases the lot coverage, and visitors would park on Strawberry, not Bitt Road. This was an oversight when the applicant made this proposal to solve parking issues related to Hitt Road. Trees as specified by the Street Standards should be added to lower end of Bitt Road. As specified in June lih testimony, 2 small oaks with a nice canopy should not be removed until it is clear where the prospective owner puts their driveway. The mistletoe for the mature tree should be removed in order to preserve the street tree. I hope you have the chance to look at the 2 small oaks and tall oak the flanks the Strawberry Lane crosswalk. Changing the current driveway to an alley relieves the need for the 2 extra driveways on HHt Road. It also provides an alternate path onloffupper Bitt Road in the event the conditions make it difficult to navigate Hitt Road in the winter. Access to open space is needed to properly maintain the open space. A larger building envelop using an earlier plan that was presented with the Preliminary Plans protects the Darling's view and provides for more flexibility in designing an architecturally interesting home. Adding Deed Restrictions, as specified by the applicant, will make it impossible for prospective buyers to request a building envelope modification. 9 · r: '1: Ii .' .( l.J ""'''''''1'''''-.., f". .?008 ~ Legend :.,;".){>ot ~ TP-1 Test pit number and approximate location ''''\. '\ x \ A N o 50 100 J -l Scale in Feet Site pIon provided by David Fitch and Mark Knox " AMRHEIN ASSOCIA TESJ Inc. DATE 10/12/07 DWN~. DES_ Project No. U264-01.01 Robert & Lauro McLellan 500 Strawberry Lone Ashland. Oregon FIGURE SITE AND EXPLORATION PLAN 2 ~ $ ,~; ( j I \ ~ . \ ; 1 ~ l \. ~.> ~ ./ 001 6' 'N , ',~"'Ill '6 'j (j 'j cnce oil Btii.8b i Front Counter Legend H1VhllllMd ""'atu.... T.. L<I\ Oull..... T.. LoI HumlMn tllll ConI".",. &""""'1$ AlnbuiIMI~ a.,.."". ",",u {.< -Nrt .1Pt&0AC)! a, mol' 1 a (&.(l;.911 d JACKSON COUNTY 0" g Oil 6011 0 '~011 O~ all~tO.'Ull b~""'l OlOlN ~~t~~J:'i"=~'~'! ~1='ZR~r~~~~ to. ~"'.CldU8lO~"Il> BECElVED JUt ..2 81 Cty tfAtHMd ~o.at~ DEVELOPMENT SERVICES, LLC LAND USE PLANNING AND DEVELOPMENT SERVICES July 2nd, 2008 Ashland City Council Attn: Derek Severson, Senior Planner 51 Winburn Way Ashland, OR 97520 Subject: Planning Action 2008-00182, 500 Strawberry Lane Written Response The following is a response to Catherine Dimino's (423 Strawberry Lane) June 25th, 2008 written testimony regarding Planning Action #2008-00 182, 500 Strawberry Lane, Robert & Laura McLellan, Applicants: Aooellant's Ar2Ument: Lot Coverage Misinterpretation (Pages 1-7): The appellant essentially argues lot coverage, as defined below, is not permitted to be redistributed within the proposed subdivision. Applicant's Response: The definition of "coverage" is located under Section 18.08.160 of the Ashland Land Use Ordinance and is as follows: 18.08.160 Coverage, lot or site; Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping which does not negatively impact the natural water retention and soil characteristics of the site shall not be deemed part of the lot or site coverage. Point 1) The Ashland Planning Commission, based upon their April 8th, Findings, Conclusions and Orders, and the applicants contend the definition of "coverage" clearly allows 10t coverage to be based upon a "lot" OR "site" as it is specifically permitted in the definition itself. Not withstanding the general purpose and benefit as described within the applicant's findings of fact or the many application decisions historically made by the Ashland Planning Commission and City Council allowing coverage to be based upon the entire site of a subdivision, the definition is clear that lot coverage ((is expressed as a percentage of such area in relation to the total {!ross area of the lot or site". 1 J1t;\iClVt::LI.--;": '.;" JUl - 2 m City of Ash1and Community Developmart Point 2) Furthermore, the applicants contend the terms lot OR site clearly have separate meanings as the term "or" by definition is "used as a function word to indicate an alternative <coffee or .tea><sink or swim>, as defined by Merriam-Webster. As such, when used in context with the Purpose and Intent (Ashland Municipal Code, Chapter 18.88.010) of the Performance Standard Options subdivision code, as noted below, the City can and has on a variety of occasions find the term applies to a lot or site (i.e. subdivision) and the coverage be based upon and applied to the gross area of land within the site. The Purpose and Intent section of the Performance Standards Options chapter is in Section 18.88.100 of the Ashland Land Use Ordinance and is as follows: The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency. architectural creativity and innovation, use the natural features of the landscape to .their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes. be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. Point 3) The applicants contend the site's 20% impervious surface lot coverage can be redistributed and/or allocated between the subdivided lots in order to "reduce the impacts of development on the natural environment, and that this flexibility can be applied to look at lot coverage in terms of the subdivision site as a whole in order to protect natural features of the site while providing for the architectural creativity and innovation that the chapter seeks to encourage" (Ashland Planning Commission Findings of Fact, Aprillfh, 2008). The applicants believe there is an overwhelming amount of cases where the Ashland Planning Staff, Planning Commission and City Council have consistently interpreted the definition of lot coverage allows the coverage calculations to not only be applied to a single lot, but also a site as it would be impossible to create cluster housing (i.e., Planned Unit Developments such as townhomes, affordable housing, and hybrid apartment/condominium projects) and provide for either "more efficient use of the lantf' and/or "reduce the impact of development on the natural environment and neighborhood" as described in the Purpose and Intent of Chapter 18.88.100. For example, a development site with a variety of housing styles such as single family detached houses, single family attached townhomes and/or hybrid affordable housing developments have a specific lot coverage based upon the site's zoning designation. But, in order to retain the site's natural features (wetlands, trees, etc.) or create an open space park-like setting, some or all of the units may have very small building envelopes (in some cases, the building envelope is the building footprint) in order to retain the majority of the site's natural features or create a surplus of land for a common park. Under this scenario, the underlying coverage permitted in the zone may be significantly more 2 .."'................,........ - JUl - 2 2008 Cfty. of Ashland (100%) on some lots, but significantly less on the others. Nevertheless, as 10ng:casn1hlY Development overall site area retains it's zoning designation's lot coverage (Le., 200/0), the zoning codes are not only being met, but the Purpose and Intent policies of the code are being complied with. Appellant's Ar2Ument: Street Standards Exception Not Met (page 7): The appellant essentially argues the existing driveway from Strawberry Lane should become an alley extending from Strawberry Lane to Hitt Road and that the Street Exception Standards have not been met. Applicant's Response: Point 1) The applicants are not requesting an Exception to the City's Street Standards in order to avoid the placement of an alley. However, the applicants are requesting an Exception to the City's Street Standards in order to avoid street widening and various street improvements to upper Hitt Road beyond the eXisting gate's eventual location due to the extreme embankments along that section and lack of access demand as previously described in the record. The applicants had originally explored the possibility of adding a driveway or alley as suggested by the appellant, but due to a variety of issues, loss of trees, excessive slopes, increase in building heights, etc., the alley scenario would not only be more impacting to the site's natural features, but it would also be more impactful to the surrounding neighbors of the property. Because of these previous efforts and the applicants' conviction to meet the purpose and intent policies of Chapter 18.88.100, the proposed plan was submitted. Point 2) The applicants contend an alley connection or additional streets with this proposal is not required nor appropriate. The appellant appears to be using one section of the 1999 Street Standards Handbook, without fully using the other applicable sections. The appellant appears to argue the proposal should comply with Section II (Street Connectivity) of the standards, but if one reads the opening statement (purpose) or Article 1 of this section (Interconnection), it clearly refers to circumstances where connectivity may not be appropriate. In particular, Section II specifically refers to Section V: Hillside Streets and Natural Areas and reads as follows: Section II: Connectivity Standards (City of Ashland, Street Standards Handbook, 1999): In traditional neighborhood areas, the street networks are laid out in a grid network The grid or modified grid network provides interconnected streets and multiple travel route options for pedestrians, bicyclists and drivers. The grid network has several benefits. Grid-pattern streets provide many connections and route options for short trips. Many connections and route options disperses traffic and increases safety. The grid pattern uses land efficiently and allows a greater number of lots on a site. Cul-de-sacs and other dead-end streets are not typical of traditional neighborhood design except in areas where extreme topographic or wetland conditions preclude connection (See Section V: Hillside Streets and Natural Areas). 3 -. '.............<<'......~. .. RECEIVED JUL - 2 2008 For the same reasons previously note, in addition to why this area was ori~hland designated ~'Rural Residential" many years ago and why the Street Stanc:lifB1LfiiM!ievelopment circumstances for areas in designated Hillside Lands, this site should be treated sensitively with precision engineering for driveways, tree protection measures, contextually appropriate building envelopes, etc. Appellant's Arwment: Inadequate provisions for Maintaining Open Space (page 8): The appellant essentially argues the proposed open space is not accessible by the site's lot owners and it will be difficult to maintain. Applicant's Response: Point 1) The open space lot (Lot #6) is accessible by the site's lot owners. Future property owners of Lot #1, #2, #4 and #5 only need to step directly onto Hitt Road's sidewalk to reach the open space. The property owners of Lot #3 only need to step directly from their driveway onto Strawberry Lane, over to Hitt Road and up the sidewalk to reach the open space. NOTE: Unlike Performance Standards Options subdivision proposals "requesting density bonuses" or "proposals greater than 10 lots" providing open space is not a requirement for this proposal nor is it a requirement where "direct" access from a lot(s) is required. Open Space is defined under the Performance Standards Options Chapter as follows: 18.88.020 H. Open Space. A common area designated on the final plans of the development, permanently set aside for the common use of the members of the homeowners association, which open area may be landscaped and/or left with a natural vegetation cover, and in which area no thoroughfares, parking areas, or improvements other than recreational facilities are located. All developments with a base density of 10 units or greater shall provide a minimum of 5% of the total lot area in Open Space that is not subject to bonus point calculations. Bonus points shall only be awarded to that Open Space area in excess of the 5% required for developments of 10 units or greater. Open Space shall be optional for developments of less than 10 units, unless required by the application of the approval criteria. And, the following "standard" is applicable if an applicant requested a Density Bonus (NOTE: The aDDlicants are not reouestinl! a Densitv Bonus): 18.88.040 B. Bonus Point Calculations. 3. The following bonuses shall be awarded: b. Provision of common open space. 1. Purpose. Common open spaces may be provided in the form of natural areas, wetlands, playgrounds, active or passive recreational areas, and similar areas in common ownership. All areas set aside for common space may be counted for base density, unless otherwise excluded by the Land-use Ordinance. However. for the purposes of awarding density bonus points, the Planning Commission shall consider whether or not the common open space is a significant amenity to project residents, and 4 RECEIVED JUL - 2 2008 whether project residents will realistically interact with the open space on .0.... da. ....... .~..... basis. The purpose of the density bonus for common open space is to permit.. . . ~d t could otherwise be developed, or sold as individual lots, to be retained int. eirnatural pmen state or to be developed as a recreational amenity. It is not the purpose of this provision to permit density bonuses for incidental open spaces which have no realistic use by project residents on a day-to-day basis. In conclusion, considering the proposed open space is not a requirement of the subdivision nor has any developable standards associated with it, the proposed open space is essentially a "gift" to the citizens of Ashland and will remain in perpetuity as open space, maintained over the years by the property owners and an important visual backdrop from not only the Strawberry Lane area, but also downtown Ashland and the I- S corridor. Finally, it's important for the decision making authority to understand there are areas within the open space that "could" hav~ been developed with a house, with or without a density bonus proposal, but due to the applicants' position to remain respectful to the natural environment and visual attractiveness and Planning staffs' guidance, the open space will remain as proposed. Point 2) The proposed open space will not be difficult to maintain as it has been easily been maintained since the applicants have owned it. Over the years of ownership, on two separate occasions, the applicants have retained the services of a qualified tree service, in consultation with the Ashland Fire Department, to remove excess brush in order to avoid heavy amounts of "fuel" build-up. One of the primary purposes of creating the open space, besides the aesthetic values and views from Downtown Ashland, is to create a "financial mechanism" between the lots' homeowners to continuously maintain the open space and to retain it in perpetuity. Appellant's Arszument: Inadequate Trees on lower end of Bitt Road (page 8): Applicant's Response: As addressed in the additional findings sent to the Ashland Planning Commission on March 24th, in response to appellant's argument, the applicants Landscape Architect has evaluated the possibility of having street trees along the back of the sidewalk along the lower section of Hitt Road and have concluded this was not an appropriate site for street trees for a variety of reasons primarily dealing with long term tree instability. Regardless, there are many large and medium sized trees above the embankment that already function as street trees. Nevertheless, if the City Council requires the applicants through a condition of approval to install street trees every thirty feet directly behind the sidewalk, the applicants are willing to do so. Appellant's Ar2ument: Building Envelope for Lot 1 does not meet intent of 18.88.010 (page 8-9): The appellant essentially argues the proposed building envelope will sacrifice her view from her office window, is too small limiting architectural creativity, requires more cut and fill due to its location. Applicant's Response: Point 1) The applicants are aware of Mrs. Dimino's primary interest of limiting visual impacts from her new home. Although the applicants would 5 RECEIVED JUL - 2 2008 like to have had the same opportunity to offer design advice to their new neigbbors~ of Ashland order to minimize their view impacts, the reality is each future property ownSOWity Development design their home based upon their own personal needs and values, similar to the opportunities Mr. and Mrs. Dimino recently enjoyed during the construction of their new home. Point 2) The subject building envelope on Lot #1 is 6,230 square feet in area, has an overall lot size of ~ acre (21,780 sq. ft.) and a requested .26% lot coverage amount. The building envelope's size, configuration, location and dimensions are large enough to accommodate a variety of architectural styles, house orientations, multiple levels, etc. In fact, after taking out an approximate 1,000 sq. ft. (a guestimate based upon conceptual plans presented) for a'driveway as depicted on the submitted site plan (Sheet AI), a first floor house could be 4,662 square feet or a multiple story house of twice that amount of square footage. The applicants contend the possibilities of the lot accommodating a "large" house are endless. Nevertheless, it appears the appellant is arguing two contrasting points in that too much lot coverage is being applied for and that the future house will be constrained architecturally. The applicant's believe just the opposite in that not only does the envelope provide for a variety of house sizes and styles, when one considers the various other proposals (maximum heights, driveway locations, tree preservation and neighboring views), the application clearly meets the applicable criteria of the Performance Standards Options ordinance. Point 3) The building envelope has been designed to respect the site's natural features by adjusting to the site's various trees, rock outcroppings, and slopes. The driveway has been specifically located by a Landscape Architect, a Geologist, a Civil Engineer and a Land Use Planner in order to approach the site with the least amount of disturbance. The proposed driveway will be approximately 7% in slope, but the area preferred by the appellant (Hitt Road) would be nearly 50% slope. Overall, the applicant's have discussed the application with various neighbors and have attempted to mitigate their concerns. Other than the appellant, the neighbors have been appreciative of the efforts and in some cases participated in the design. OTHER: Parkin2 near tOD of Bitt Road: During the Planning Commission hearings in April and March of 2008, the issue of the applicants providing additional parking along Hitt Road was discussed even though they were not technically obligated. Regardless, in order to avoid more earth cuts into the adjacent embankments, the applicants agreed to stipulate that each lot would have a third on-site parking space where only two are required under the RR-5 zoning regulations. Nevertheless, Planning Commission still felt additional on-street parking was needed and concluded that because of the applicant's Street Exception's request to not improve Hitt Road above the gate, there would be a loss of on-street parking for guests and the general public (i.e., hikers and trail users). Unfortunately, the public hearing was closed and the decision was made in deliberation without fully being vetted by the applicants or surrounding neighbors. 6 RECEIVED JUL - 2 2008 City of Ashland If it wasn't for Mrs. Dimino's appeal, the applicants would have moved forward, _ujpYDevelopment a loss as to why the parking was required when the physical and technical circumstances were not warranted, to the engineering phase of the proposal. The applicants are aware of at least three neighbors, including Mrs. Kutcher, 400 Strawberry Lane (Please see 6/22/08 e-mail correspondence from Mrs. Kutcher to Derek Severson), who are opposed to any public parking near the gate as it will exasperate known problems such as late night partying, debris, noise, and uncontrolled stacked parking. The applicants contend for these same reasons, as well as the cut and fill concerns previously noted, Hitt Road, when it was recently improved in 2004, didn't have additional parking and actually "complied" with Section V of the adopted 1999 Street Standards Handbook which specifically discusses parking on Hillside Lands should be located at the "foot of steep hills". In addition, the applicants and their neighbors are equally concerned that trail users will drive up the road, realize there is no parking and then create unnecessary amounts of noise, exhaust, fuel consumption, etc. Unfortunately, this appears to have caused a wave of concerns by the applicants and some of the neighboring property owners the City Council will hopefully help resolve. As such, the applicants would request the City Council amend Condition #5j accordingly of the Planning Commission's Final Order for the following reasons: Point 1) Unlike other residential zones, additional on-street parking is not required in this Rural Residential ~ acre zoning designation - presumably because the lots are usually sloped, heavily treed or are large enough to accommodate on-site parking; Point 2) It's specifically noted in the 1999 Street Standards for Hillside Developments that parking is to be located at the "foothills". Point 3) Hitt Road was recently (2004) improved without on-street parking in accordance to the Street Standards for Hillside Developments; Point 4) No on-street parking was required of the subdivision to the east when Hitt Road was improved in 2004. Point 5) The applicants have agreed to provide on-site parking in their driveways, but because of the length of the driveways additional parking is easily accommodated; Point 6) Hitt Road will eventually be signed "no parking" insuring a 20' clearance for Fire trucks. Point 7) The applicants and their neighbors are concerned about the unintended consequences of providing additional parking along Hitt Road with creating false expectations of available parking, a party zone and creating a continuous turn-around problem. Point 8) The applicants and neighbors believe a small sign, located at the foothill of Hitt/Road, stating "no public parking beyond this point" would be appropriate under the circumstances. The sign, in combination with the "no parking" signs, should resolve the concerns. Point 9) There are a number of parking spaces currently available on Strawberry Lane 7 RECEIVED JUl - 2 2008 Point 10). Un~il the recent 29M Hitt Road street improvernents,the gate was lo~tedat~ofAshland bottQmof "l1tt Road and hikers were very content to park on Strawberry Lane an~uy Development up. Point 11) Ample parking is available along Bird Song lane, where the applicants gave a trail easement and helped to build a hiker's trail that connects to upper Hitt Road. If hikers knew they could park on Bird Song (with signage) and access that trail head, this would alleviate the need for additional hiker parking in an area and on slopes that are not as appropriate. Thank you for your consideration on these matters. 8 BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND STATE OF OREGON ~'\ Q~ July 15, 2008 IN THE MA TIER OF PLANNING ACTION #2008-00182, A REQUEST FOR OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER (AMC 18.88) FOR A SIX-LOT, FNE-UNIT SUBDNISION FOR THE PROPERTY LOCATED AT 500 STRAWBERRY LANE. ALSO INCLUDED ARE REQUESTS FOR A PHYSICAL CONSTRAINTS REVIEW PERMIT FOR THE DEVELOPMENT OF HILLSIDE LANDS; A TREE REMOVAL PERMIT TO REMOVE 13 TREES SIX-INCHES IN DIAMETER OR LARGER, INCLUDING ONE SIGNFICIANT TREE, AN I8-INCH OAK; AND AN EXCEPTION TO STREET STANDARDS TO ALLOW THE APPLICANTS TO END STREET IMPROVEMENTS AT THE DRIVEWAY OF THE PROPOSED LOT FIVE RATHER THAN EXTENDING THEM TO THE SOUTHERN BOUNDARY OF THE DEVELOPMENT. APPLICANT: McLellan, Robert & Laura RECITALS: ) ) ) ) ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) 1) Tax lot 201 of Map 39 IE 08 AC is located at 500 Strawberry Lane and is zoned RR-.5-P Rural Residential. 2) The applicants are requesting Outline Plan Approval to allow a six-lot, five-unit subdivision under the Performance Standards Options Chapter for the property located at 500 Strawberry Lane. The application also requests a Physical & Environmental Constraints Review Permit for Development of Hillside Lands, a Tree Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or larger, and an Exception to Street Standards to allow the applicants to end street improvements at the driveway of Lot 5 rather than extending them to the southern boundary of the project. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Outline Plan approval under the Performance Standards Options are described in Chapter 18.88 as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility -to operate beyond capacity. P A #2008-00182 July 15t 2008 Page 1 DRAft c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. 4) The criteria for a Physical Constraints Review permit are described in Chapter 18.62.040.1 as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented meas,,!res to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. 5) The criteria for a Tree Removal Permit are described in Chapter 18.61.080 as follows: A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treaunentorpruning. PA #2008.00182 July 15,2008 Page 2 D- F-'";\,~ ~ ~ 5~~At. I 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of the permit. 6) The criteria for an Exception to Street Standards are described in 18.88.050.F as follows: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. P A #2008-00182 July 15,2008 Page 3 Dn ^ F~ Kj-\ '~'., 7) The Planning Commission, following proper public notice, held a public hearing on March 11, 2008 at which time testimony was received and exhibits were presented. At the conclusion of the hearing Catherine Dimino, one of the parties who had participated in the hearing, requested that the record be held open for seven days, and the applicants requested an additional seven days to respond.to additional written arguments. The Planning Commission continued their deliberation to the April 8, 2008 meeting at which time they approved the application subject to conditions pertaining to the appropriate development of the site. 8) A timely appeal was filed by neighbor Catherine Dimino who had participated in the previous hearing process both orally and in writing. 9) The City Council, following proper public notice, held a public hearing on June 17, 2008 at which time testimony was received and exhibits were presented. The record made before the Planning Commission was received and made a part of the record for this proceeding. At the conclusion of the hearing, appellant Catherine Dimino requested that the record be held open for seven days, and the applicants requested an additional seven days to respond to additional written arguments. The City Council continued their deliberation to the July 15, 2008 meeting at which time they approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "pIt Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "Mil SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the record made before the Planning Commission, Council Communications from staff, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposal to develop a six-lot, five-unit subdivision meets all applicable criteria for Outline Plan approval and an Exception to Street Standards described in PA #2008-00182 July 15, 2008 Page 4 D', '~'> io/'~' "'" --., , '1;, ':"',, ,,':I ,l~,'" '",,',' ,,'. ~" tir~ jJ'~ i.~ j Chapter 18.88; that the proposed Physical Constraints Review permit meets all applicable criteria in Chapter 18.62; and that the proposed removal of 13 trees six-inches in diameter at breast height or greater, including one significant I8-inch oak, meets all applicable criteria for a Tree Removal permit in Chapter 18.61. The City Council further finds that the Performance Standards Options Chapter 18.88 provides for more flexibility than is permissible under conventional zoning codes in order to reduce the impacts of development on the natural environment, and that this flexibility can be applied to look at lot coverage in terms of the subdivision site as a whole in order to protect natural features of the site while providing for the architectural creativity and innovation that the chapter seeks to encourage. 2.3 The City Council finds that the development meets all applicable ordinance requirements of the City of Ashland with the attached conditions of approval. The Site Plan provided delineates the proposed building envelopes, setbacks, and driveway locations. The setbacks on the perimeter of the subdivision and for the front yards are required to meet the standard setback requirements of the Rural Residential zoning district, and the proposal satisfies this requirement. The City Council finds that the applicable Solar Access standards must be protected, and further finds that if the applicants wish to exceed the applicable Solar Access standards, Solar Access Variances will be required to be applied for concurrently with the Final Plan application. The City Council finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. Water, sanitary sewer, storm water, and electric services are available from the Strawberry Lane and Hitt Road rights-of-way and will connect through the individual lot driveways. Storm drain facilities will include private detention systems on the individual lots. Paved access is available from both Strawberry Lane and Hitt Road. The City Council finds that the significant natural features of the property are the existing trees and the steeply-sloped, heavily-wooded slopes on the southern end of the site. The Council further finds that the proposed lot layout, common area and building envelope placements, and driveway locations have been selected in order to protect these natural features. 59 of the 72 trees on the site over six-inches in diameter at breast height are to be preserved, driveways are to be located in response to the site topography to minimize site and slope disturbances, and the applicants also propose to protect the most steeply sloped southern portion of the site in a commonly owned open space tract. The City Council finds that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The parcels to the north, east and west are similarly zoned and have recently been subdivided for development as part of the Strawberry Meadows subdivision. The undeveloped properties to the south are zoned WR Woodland Residential, and their further development is already severely constrained by the presence of P A #2008-00182 July 15,2008 Page 5 U~; p~~~,~, !(-',. ......~"'1 . ~~,\,C:. j; ~ it~..,... ~ ti ~ r'ti, ~ ~ slopes over 35 percent. The City Council finds that the applicants proposal to deed restrict the proposed open space Lot 6 from further development and to provide Conditions, Covenants and Restrictions (CC&R's) to provide for the necessary maintenance of the open space lot, including the implementation and maintenance of the approved fire prevention and control plan, and perpetual maintenance of required long tenn erosion control measures, represents adequate provisions for the maintenance of the open space. The City Council finds the density meets the base density standards established under the Performance Standards Options for the Rural Residential (RR-.5-P) zone. The site has a base density of five units (4.62 acres x 1.2 dwelling units per acre = 5.544 units), including the existing single family home already in place on the proposed Lot 4. The City Council finds that no new streets are proposed with the proposed application, and that the proposed lots will take access from the existing Strawberry Lane and Ritt Road rights-of- way. A condition 'has been added to require that sidewalks and street tree installation be completed along a small portion of the subject property's Strawberry Lane frontage where they are lacking, and an Exception to Street Standards has been requested by the applicants to end street improvements at the relocated gate past the driveway of Lot 5 rather than extending them to the southern boundary of the project. 2.4 The City Council finds that potential impacts and hazards have been considered and that adverse impacts will be minimized through the proposed subdivision's design and the associated mitigation measures recommended by the project geotechnical expert. The applicants have provided a geotechnical study which concludes that the proposed subdivision and associated site grading are considered to be feasible with respect to the stability of the subsurface and slope conditions observed on site. This report includes recommendations for necessary site preparation, retaining, and erosion control, and proposes an inspection schedule to insure that these recommendations are properly implemented during site work. The more steeply sloped areas at the southern end of the site will be preserved as commonly owned open space, and protected from future development, and development of the proposed Lot 5, which includes slopes in excess of 25 percent within its building envelope, will be subject to a separate Physical Constraints Review. The Council finds that the applicants have taken all reasonable steps to reduce the adverse impacts of the development on the environment. 2.5 The City Council finds the request for a Tree Removal Permit to remove 13 trees six- inches or larger in diameter at breast height (d.b.h.), including one significant I8-inch d.b.h. oak tree meets the applicable approval criteria in 18.61.080. These trees are located within the proposed building envelopes, and all other trees on site are to be preserved. The Council finds that the removals have been requested in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards in attempting to minimize site disturbance associated with the subdivision, will not have significant negative P A #2008-00182 July 15, 2008 Page 6 ~ Il.'~~ _ D ~,:\{ At f: "j"l impacts to the site or surroundings, and that the removal of the significant oak will be mitigated either on-site or off-site as provided in the ordinance at the time of removal. 2.6 The City Council finds that the proposed Exception to Street Standards to allow the applicants to end street improvements at the relocated gate near the driveway of Lot 5 rather than extending them to the southern boundary of the project meets the applicable criteria in Chapter 18.88. The installation of the full public street improvements in~luding sidewalks would require that significant site disturbance along more than 300 feet of the Hitt Road right-of-way in a steeply- sloped and heavily- wooded area which the applicants have proposed to protect as one of the site's principal natural features, which the Council finds to represent a demonstrable difficulty given the unique aspects of the site and its proposed use. The future development of properties to the south is constrained by steep slopes, and the Exception requested aids in the preservation and protection of the sloped areas on the project site. An existing gate is in place on Hitt Road to control public access to a city-owned water tank on the property inunediately south of the project site, and will be slightly relocated to accommodate the driveway for the proposed Lot 5. The application proposes to ensure adequate fire protection through the installation of fire sprinklers in all homes and the implementation of a fire prevention and control plan, and the applicants will install a new fire hydrant on Hitt Road. The applicants have previously provided easement access and trail improvements across the southern portion of the subject property to provide a pedestrian link between Hitt Road and the nearby Birdsong Lane, and have agreed to sign in favor of any future improvements to Hitt Road. The applicants have also proposed to provide a third off-street parking space for each of the proposed lots to address visitor parking demand, and the Council also finds that additional on-street parking spaces should be identified on Hitt Road at the time of Final Plan submittal in order to ensure adequate fire access in the wildfire interface and to off-set on- street parking that would otherwise have been provided if Hitt Road were extended to the boundary of the proposed subdivision. The Council finds that the proposed Exception is the minimum necessary to alleviate the difficult as paved access is proposed to be provided to the last developable lot in the development, and its driveway placement has been planned to avoid further disturbance of the steeply sloped portions of the site in a manner consistent with the purpose and intent of the chapter. 2.7 The City Council finds that the issue of the applicants' participation in the completed S~wberry Lane Local hnprovement District (LID) is not relevant to the approval criteria applicable to the current request. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal for Outline Plan approval to develop a six-lot, five-unit subdivision; an Exception to Street Standards; a Physical Constraints Review permit; and removal of 13 trees greater than six-inches in diameter at breast height (d.b.h.) including one significant tree, an I8-inch d.b.h. oak, is supported by evidence contained within the record. PA #2008-00182 July 15,2008 Page 7 ~{!I.\ ~r~"~ 1!\~:;/~ f '. ,,:0.., rt r'~ fi ti Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2008-00182. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2008-00182 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant are conditions of approval unless otherwise modified herein. 2) All conditions of the geotechnical report prepared by Amrhein Associates, Inc. and dated October 12, 2007, including but not limited to the inspection schedule, shall be conditions of approval unless otherwise modified herein. 3) That all proposed lots shall be subject to Solar Access Standard A unless 1) materials are provided with the Final Plan submittal demonstrating that an individual lot has a negative north slope in excess of 15 percent which would render it subject to Solar Access Standard B; or 2) a Solar Access Variance is applied for and approved for the individual lots concurrently with Final Plan approval. Solar setback calculations shall be submitted with each building permit to demonstrate compliance with the applicable standards, and shall include identification of the required solar setbacks with supporting formula calculations and elevation or cross-section drawings clearly labeling the height of the solar producing point( s) from the identified natural grade. 4) That all measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, retaining walls and landscaping shall be maintained in perpetuity on all areas in accordance with 18.62.089.B.7. 5) That prior to Final Plan approval: a) Engineering for the utility plan including but not limited to the water, sewer, storm drainage and electric facilities shall be submitted. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins, and locations of all primary and secondary electric services including line locations, transformers (to scale), cabinets, meters and all other necessary equipment. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. Any required private or public utility easements shall be delineated on the utility plan. b) An Electric Distribution Plan shall be coordinated with the Ashland Electric Department, and shall be included in the utility plan with the Final Plan submittal. c) A drainage plan including necessary final engineering for the private lot stormwater detention systems and any off-site storm drain system improvements shall be provided. d) The engineering for sidewalk improvements to complete sidewalk installation along the subject property's full Strawberry Lane frontage shall be provided with the Final Plan submittal. e) The recommendations from the March 6, 2008 meeting of the Ashland Tree Commission, where consistent with applicable standards, shall be incorporated into the Final Plan submittal's Landscaping, Irrigation, and Tree Protection and Removal Plans. P A #2008-00182 July 15,2008 Page 8 ~\ \7~ ,,1'f17; ~ ~'~ R.J:f~At~ I f) A draft copy of the CC&R's and the applicants' proposed Deed Restrictions shall be provided. The CC&R' s shall describe responsibility for the maintenance of all commonly-owned open space including but not limited to the implementation and maintenance of the approved fire prevention and control plan, and perpetual maintenance of required long term erosion control measures. The CC&R's shall note that any deviation from the approved Tree Removal and Protection Plan must receive written approval from the City of Ashland Planning Department. The CC&R's and Deed Restrictions shall be recorded concurrently with the final plat. g) The overall lot coverage for the subdivision as a whole shall be limited to no more than 20 percent. At the time of final plan submittal, the applicants shall provide a breakdown, by square footage, of the allowed lot coverage allocated to each lot and demonstrating that the overall subdivision's lot coverage does not exceed the 20 percent allowed in the RR-.5 zoning district. h) That written verification from the project geotechnical expert shall be provided with the Final Plan submittal indicating that the revised six-lot subdivision configuration and associated improvements are consistent with the original report. i) That a landscape and irrigation plan addressing the re-vegetation of cut and fill slopes required in the geotechnical report shall be provided with the final Plan submittal. j) That in addition to the third off-street parking space proposed to be provided on each of Lots 1-5 by the applicants, the final Plat submittal shall identify four on-street parking spaces to be provided on Hitt Road in bays near the relocated gate and between the driveways of Lots 2 and 4. 6) That prior to the issuance of an excavation permit: a) A preconstruction conference to review the requirements of the Physical Constraints Review Permit shall be held prior to site work, storage of materials, or the issuance of an excavation permit. The conference shall include the Ashland Planning Department, Ashland Building Department, the project engineer, project geotechnical experts, landscape professional, arborist, and contractor. The applicants or applicants' representative shall contact the Ashland Planning Department to schedule the preconstruction conference. b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the trees to be removed and the installation of tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. c) That the temporary erosion control measures (i.e. fabric sediment fencing, straw bales, crushed rock pads, straw erosion control matting or plastic sheeting) shall be installed and maintained according to the approved plan prior to any site work, storage of materials, or issuance of an excavation permit. These measures shall be inspected and approved by the P A #2008-00182 July 15,2008 Page 9 ~,r~ ... , U" ~\:':'!.'~ c,,,,:,,, ,""'IY:?,j, ~>lI .,." !.. r. ~ i if~\. A i':II . Staff Advisor prior to site work, storage of materials, or the issuance of an excavation permit. d) The applicants shall provide a performance bond, letter of credit or other financial guarantee in an amount equal to 120 percent of the value of the erosion control measures necessary to stabilize the site. 7) That prior to the signature of the final survey plat: a) All easements for sewer, water, drainage, electric, streets or public pedestrian access shall be indicated on the final survey plat as required by the City of Ashland. b) Street trees, located one per 30 feet of street frontage, shall be installed along the Strawberry Lane street frontage as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. c) Subdivision infrastructure improvements, including but not limited to utilities; driveways, driveway approaches and associated erosion control measures; the extension of curbs, gutters, paving and sidewalk improvements on Hitt Road between the end of the existing improvements and the relocated gate location; and sidewalks and street trees on Strawberry Lane shall be installed according to approved plans prior to the signature of the final survey plat. The Hitt Road improvements beyond the driveway of Lot 5 shall be sufficient to accommodate the placement of parking bays to accommodate two parking spaces and associated vehicular circulation, and shall be shown in the Final Plan submittal. d) That the installation of driveway approaches shall be completed according to city standards under permit from the Public Works/Engineering Department and any necessary inspections approved. e) The existing sidewalk on Hitt Road shall be extended to the northerly edge of the Lot 5 driveway's approach. f) Electric services shall be installed underground to serve Lots 1-5. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. g) That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for Lots 1-5. h) That Amrhein Associates, Inc. shall inspect the site according to the inspection schedule of the engineering geology report dated October 12, 2007 provided with the application. Prior to signature of the final survey plat, Amrhein Associates, Inc. shall provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. PA #2008-00182 July 15, 2008 Page 10 r;....,; 1>..""""" · "'i:J t.J i{~~. ~~~l i) The landscaping and irrigation for re-vegetation of cut/fill slopes and erosion control shall be installed in accordance with the approved plan prior to signature of the final survey plat. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. j) The applicants shall sign an agreement to participate in the future cost of street improvements for Hitt Road, including but not limited to sidewalks, curbs, gutters, paving, and storm drains. k) That the applicants shall complete the relocation of the gate at the end of the improvements on Hitt Road to the southern extent of the street improvements. The relocation of the gate will be coordinated with the City of Ashland Water Department. 8. That prior to the issuance of a building permit: a) Individual lot coverage calculations including all impervious surfaces shall be submitted with each building permit to demonstrate compliance with the lot coverage allocated to each lot. Building footprints, walkways, driveways including the flag drive for Lot 3, parking areas, and any impervious surfaces shall be counted for the purpose of lot coverage calculations. b) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. c) Building permit submittals shall clearly demonstrate compliance with the applicants' proposed "Elevation Height Limits" by providing cross-sections or elevation drawings with building heights and elevations above sea level clearly labeled. d) That a Physical and Environmental Constraints Permit for Hillside Development shall be applied for and approved in accordance with 18.62.040 for the development of Lot 5 prior to submission or issuance of a building permit. 9. That prior to the issuance of a certificate of occupancy: a) That the requirements of the Fire Department, including that approved addressing shall be installed prior to combustible construction; that a fire prevention and control plan shall be implemented and maintained; and that fire apparatus access, fire sprinklers as proposed by the applicants, and a fire hydrant shall be installed, shall be addressed. b) All exterior lighting shall be directed on the property and shall not illuminate adjacent proprieties. c) For Lot #3, the applicants shall provide mitigation for the removal of Tree #31 through on-site replanting, off site replanting, or payment in lieu of planting as provided for in AMC 18.61.084. P A #2008-00182 July 15, 2008 Page 11 DRAFT d) Driveways greater than 50 feet in length, which are considered by definition to be flag drives and thus subject to the flag drive standards, shall be constrocted according to flag drive requirements that a 12-foot paved width and IS-foot clear width be maintained, and that parking spaces be configured so that vehicles can turn and exit to the street in a forward manner. CITY OF ASHLAND, OREGON By: John W. Morrison, Mayor Date P A #2008-00182 July 15,2008 Page 12 CITY OF ASHLAND Council Communication Resolution amending the pay schedule and clarifying Conditions of Employment for the Management and Confidential Employees for Fiscal Year 2008-2009. Meeting Date: 6/17/2008 Primary Staff Contact: Tina Gray Department: AdministrationlHR E-Mail: tina@).ashland.or.us Secondary Dept.: None Secondary Contact: Martha Bennett Approval: Martha Bennett ~ Estimated Time: 10 Minutes Question: Does the Council wish to approve a Resolution Clarifying Conditions of Employment for Management and Confidential Employees, repeal Resolution 2007-32, and amend the salary schedule for fiscal year 2008-2009? Staff Recommendation: Staff is recommending that the City Council adopt the Resolution and amend the salary schedule for Management and Confidential Employees for Fiscal Year 2008-2009. Staff is recommending a cost of living adjustment (COLA) of2% for all management staff and a 3% COLA for the nine non-represented confidential support staff. The higher percentage recommended for confidential job classifications is intended to maintain parity with similar positions represented by the IBEW Clerical/Technical union who will be receiving 4% by contract. In addition to the COLA, staffis also recommending additional changes to the Conditions of Employment for the Management and Confidential Employees as follows: . City contribution of 1 % of salary into an HRA- VEBA for Management and Confidential employees effective January 1, 2009 to correspond with a change in medical benefits that will result in more out-of-pocket costs by the employees. (All non-represented employees will be changing to the Preferred Provider option of our current health plan 8/1/08. On 1/1/09, all non-represented employees will be switching over to a Preferred Provider Option plan with a $200 deductible.) . Increase to the City's matching contribution to the employee's Deferred Compensation Account (up to $40/month) similar to existing programs with other bargaining units. · Elimination of post retirement benefits for anyone hired or promoted into Management after 7/1/08. . Clarification on holiday pay for alternate work schedules. . Staffhas calculated the increase of2.54% for the elected Municipal Judge and City Recorder based upon requirements of the City Charter. Background: The City has negotiated collective bargaining agreements with five bargaining groups. Management and Confidential employees of the City are not an organized group for the purpose of negotiating terms and conditions of their employment. Each year, City Administration makes a recommendation to the City Council for a Cost of Living Adjustment (COLA) for all non-represented employees. Adjustments for the Elected City Recorder and Municipal Judge are set forth in the City Charter. Page 1 of2 r~' CITY OF ASHLAND The budget that was approved for fiscal year 2008-2009 included a 2.5% increase for all non-represented employees. The increase staff is proposing with the additional 1 % HRA VEBA contribution will fall within the approved budget. Contributions made by the City into HRA VEBA are not taxed, and contributions by the City will not begin until January 1,2009. Additionally, the savings of moving the non- represented group to the Preferred Provider Health Plan and then to the $200 deductible health plan in January will offset the cost of the 1 % contribution to HRA-VEBA. Related City Policies: None. Council Options: Option #1 - The City Council could direct staff to adjust wages for all non-represented Management and Confidential employees as recommended by staff and approve the Management Resolution regarding emplOYment conditions for Management and Confidential employees. Option #2 - The City Council could direct staff to implement an alternative Cost of Living Adjustment for non-represented employees and the elected Municipal Judge and City Recorder and make alternate recommendations for revision of the Management Resolution regarding emplOYment conditions for Management and Confidential employees. Potential Motions: Move to adopt Option #1 authorizing staff to adjust wages for all non-represented Management by 2% and 3% for confidential employees retroactive to July 1, 2008, and approve changes to the emplOYment conditions for Management and Confidential employees. Attachments: . Revised Resolution clarifying certain conditions of emplOYment for Management and Confidential employees (Draft showing changes and final copy). . Revised Salary Schedule including proposed adjustments. Page 2 of2 r~' RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 2007-32. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The mayor and council resolve as follows: 1. Scope of Resolution. This 2008 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated July 2008. Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 2.7. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential emplovee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads." 2.3 Division Supervisor. A person directly responsible to a department head or the City Administrator for the operational functions of a city department or division. Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors. " PAGE 1-RESOLUTION 2.4 Mid-Level Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties. Mid-level supervisory positions require autonomy, independent decision making, planning, and may provide supervision to other personnel. 2.5 Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2.6 Manaaement or Manaaer. Those classifications included in Appendix "A" under the title "Management" including Department Heads, Division Managers and Mid- Level Managers. 2.7 Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Manaaerial Performance. 4.1. Goal Settina. Basic goals for the City of Ashland are set by the mayor and city council. Resources for achieving those goals are provided via the annual budget. Operational goals and short- range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. 4.2. Manaaerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, PAGE 2-RESOLUTION 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Reaardina Manaaement Emplovees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14.3. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. 4.3.4. Residencv. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and strongly encouraged for department heads. PAGE 3-RESOLUTION The following job classifications shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater & Reuse Supervisor Water Quality Supervisor (Distribution) Water Plant Supervisor Electric Operations Superintendent Fire Division Chief Deputy Police Chief Police Sergeant Telecommunications Engineer Network Administrator Database Administrator User Support Administrator Maintenance Safety Supervisor T elecommunications/Computer Technician Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department Heads may identify other positions which require emergency response within 30 minutes to meet operational requirements. 4.4. Essential Manaaement Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Plannina. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Orqanizina. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinatina. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. PAGE 4-RESOLUTION 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Makina/Problem Solvina. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Emplovee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budaetina. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and enforces the City's Harassment and Non-discrimination policy in their area of responsibility. 5. Holidavs. Recognized holidays are set forth in AMC 93.08.080. For convenience they are listed here: New Years Day (January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) PAGE 5-RESOLUTION 5.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, they will receive pay only for the holidays which have elapsed that calendar year. If more holidays have been taken as time off than have actually occurred at the time of termination, those hours overpaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four 1 O-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 6. Vacations for Manaaement and Confidential Emplovees. 6.1. Eliaibilitv. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of service. 6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue 15.34 hours of vacation credit for each calendar month of service 6.1.6. Employees with more than 24 full years of continuous service shall accrue PAGE 6-RESOLUTION 17.34 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".) 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are required to take at least 750/0 of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from their Department Head. 6.5. Schedulina. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 6.7. Administrative Leave. Exempt management employees may be granted UP to one week of Administrative Leave each July at the discretion of their department head. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off durin~ the year in which it is granted. Administrative Leave must be used by June 30 each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for Administrative Leave. 7. Hours of Work for Confidential Emplovees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, PAGE 7-RESOLUTION including 1/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city ,grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution may be granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medical Leave Act (OFMLA), and/or the Federal Family & Medical Leave Act (FMLA), and/or PAGE 8-RESOLUTION anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Intearation with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, grandparent, grandparent-in-Iaw or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. JUry Duty. Employees shall be granted leave with pay for service upon a jury. Employees may keep any payment for mileage, but all other stipends for service must be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. PAGE 9-RESOLUTION 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Familv Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharae. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC 93.08.030.8 or for political activities forbidden by state law. PAGE 1 Q-RESOLUTION 11.2. Discharae. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Emplovee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the department head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. 13.2. Other/Outside Emplovment. Outside employment shall be permitted only with the express prior written approval o{the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: 1. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; PAGE 11-RESOLUTION 3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. I n the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Worker's compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. 14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the City Council. When any position not listed on the pay schedule is established, the City Administrator shall designate a job classification and pay rate for the position in accordance with sections 3.08.050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. PAGE 12-RESOLUTION 15. Health, Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions of less than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01, 2008 and resolution 2007-32 is hereby repealed. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of July, 2008. Barbara Christensen, City Recorder SIGNED and APPROVED this day of July, 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney PAGE 13-RESOLUTION APPENDIX "A" Classifications in the Management and Confidential Employee Groups MANAGEMENT i!~,:~;~; ::~lJcf;!iiw'^2Atili::;%:;r i~2~f ~;R~;~ ,; ~:~,;: =: ~~}~~" >>;; ~~ ~< { 0t:,;:ti f t ' C," <1 / >>"' ">~ t >> "~^ " ,: ;Y;Jlli1fl:ff<<tr~I::i~?1i~~2~~~~~ji:~~:lb1i~::;;~~:~~;~:~:~,~~~~{ City Administrator Exempt City Attorney Police Chief Exempt Exempt Electric Utility Director Exempt Administrative Services/Finance Director Exempt Fire Chief Exempt Public Works Director/City Engineer Exempt Information Technology Director Exempt Community Development Director Exempt Electric Operations Superintendent Exempt Deputy Police Chief Exempt Fire Division Chief Exempt Human Resource Director Exempt Public Works Superintendent Exempt Telecommunications Engineer Exempt Planning Manager Exempt Engineering Services Manager Exempt Water Plant Supervisor Exempt AFN Operations Manager Exempt Network Administrator Exempt Database Administrator Exempt Management Analyst Exempt Senior Planner Exempt Building Official Exempt Finance Division Manager Exempt PAGE 14-RESOLUTION Permit Center Manager Fire Inspector Exempt Exempt Exempt Exempt User Support Administrator Assistant City Attorney Police Sergeant Water Plant Supervisor Water Quality Supervisor (Distribution) Wastewater & Water Reuse Supervisor (Collection Plant) Associate Engineer GIS Analyst Forest Resource Specialist Maintenance Safety Supervisor Street Supervisor Police Records Supervisor Police Accreditation & Training Manager T elecommunications/Computer Technician Paralegal Claims Manager C.E.R.T. Coordinator Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt CONFIDENTIAL Executive Secretary Public Works Management Assistant Human Resource Assistant Legal Secretary Administrative Assistant/Secretary Administrative Secretary Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt Non-Exempt PAGE 15-RESOLUTION APPENDIX "B" Health, Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. A. Effective August 1, 2008, the City will implement the Preferred Provider option of the existing health plan, Blue Cross/Blue Shield medical Plan V-A. Effective January 1, 2009, the City will implement a change to Blue Cross/Blue _ Shield medical Plan V-B Preferred Provider Option with a $200 Deductible. The City will establish an HRA VEBA for each employee covered by this resolution and will begin contributing 1 % of salary for the employee to coincide with the January 1, 2009 medical plan change. The City will provide VSP Vision coverage and employees will be able to choose either ODS Dental Plan III, or Willamette Dental Plan. The City will provide medical, dental and vision coverage for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired. The City will pay 950/0 of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 50/0 on a pre-tax basis. B. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program. 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee. 4. Salary Continuation Plan. Premiums for the League of Oregon Cities Long Term Disability Insurance. 5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. PAGE 16-RESOLUTION APPENDIX "B" Health, Welfare & Retirement Benefits Paae: Two 6. Social Security. Contributions to Social Security as required by law. 7. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree covera~e. Retirees must make their health insurance payment to the city on or before the 15 of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s) become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution who has 15 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time of retirement to be eligible- for this benefit. Early retirees who retire in a position covered by this resolution, and have 15 or more years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C, or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf. Any employee hired on or after July 1,2008, or hired into management on or after July 1,2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met. 8. Deferred Compensation. Deferred compensation in the amount of $40.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. PAGE 17-RESOLUTION MANAGEMENT/CONFIDENTIAL Salary Schedule FOR 2008-2009 4% COLA 2% COLA MANAGEMENT 3% COLA CONFIDENTIAL Step A - First 6 Months $55.0702 $9,545 $114,546 $56.1716 $9,736 $116,837 Step B - Next 12 Months $57.8193 $10,022 $120,264 $58.9757 $10,222 $122,669 Step C - Next 12 Months $60.1356 $10,423 $125,082 $61.3383 $10,632 $127,583 Step 0 - Next 12 Monts $62.5410 $10,840 $130,085 $63.7918 $11,057 $132,687 Step E - Thereafter $65.0355 $11,273 $135,274 $66.3362 $11,498 $137,979 Step A - First 6 Months $46.1613 $8,001 $96,016 $47.0845 $8,161 $97,936 Step B - Next 12 Months $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step C - Next 12 Months $49.9285 $8,654 $103,851 $50.9271 $8,827 $105,928 Step 0 - Thereafter $51.9266 $9,001 $108,007 $52.9651 $9,181 $110,167 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5535 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0845 $8,161 $97,936 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Step A - First 6 Months $42.6995 $7,401 $88,815 $43.5534 $7,549 $90,591 Step B - Next 12 Months $44.3921 $7,695 $92,336 $45.2800 $7,849 $94,182 Step C - Next 12 Months $46.1612 $8,001 $96,015 $47.0844 $8,161 $97,935 Step 0 - Thereafter $47.9939 $8,319 $99,827 $48.9538 $8,485 $101,824 Last R_: 8125108 Last Increase Aoolied: 2% COLA all Management classifications; 3% COLA all Confidential Classifications 5 MANAGEMENT/CONFIDENTIAL FOR 2008-2009 Salary Schedule 2% COLA MANAGEMENT 4% COLA 30/0 COLA CONFIDENTIAL L~ ,. , $6,696" "$80,350 Step A - First 6 Months $37.8722 $6,565 $78,774 $38.6297 Step B - Next 12 Months $39.4502 $6,838 $82,056 $40.2392 $6,975 $83,697 Step C - Next 12 Months $41.0282 $7,112 $85,339 $41.8488 $7,254 $87,045 Step D - Thereafter $42.6703 $7,396 $88,754 $43.5237 $7,544 $90,529 Step A - First 6 Months $37.6624 $6,528 $78,338 $38.4157 $6,659 $79,904 Step B - Next 12 Months $39.2311 $6,800 $81,601 $40.0157 $6,936 $83,232 Step C - Next 12 Months $40.8010 $7,072 $84,866 $41.6170 $7,214 $86,563 Step D - Thereafter $42.4319 $7,355 $88,258 $43.2806 $7,502 $90,023 Step A - First 6 Months $35.2133 $6,104 $73,244 $35.9176 $6,226 $74,708 Step B - Next 12 Months $36.6141 $6,346 $76,157 $37.3464 $6,473 $77,680 Step C ~ Next 12 Months $38.0663 $6,598 $79,178 $38.8277 $6,730 $80,761 Step D - Thereafter $39.5828 $6,861 $82,332 $40.3745 $6,998 $83,979 Step A - First 6 Months $31.4092 $5,444 $65,331 $32.0374 $5,553 $66,638 Step B - Next 12 Months $33.0671 $5,732 $68,780 $33.7284 $5,846 $70,155 Step C - Next 12 Months $34.8020 $6,032 $72,388 $35.4981 $6,153 $73,836 Step D - Thereafter $36.6398 $6,351 $76,211 $37.3726 $6,478 $77,735 Step A - First 6 Months $31.2693 $5,420 $65,040 $31.8947 $5,528 $66,341 Step B - Next 12 Months $32.5722 $5,646 $67,750 $33.2236 $5,759 $69,105 Step C - Next 12 Months $33.8751 $5,872 $70,460 $34.5526 $5,989 $71,869 Step D - Thereafter $35.2224 $6,105 $73,263 $35.9268 $6,227 $74,728 hf-i :' .;,;.,' ".\m"'r'!, Step A - First 6 Months $31.0622 $5,384 $64,609 $31.6835 $5,492 $65,902 Step B - Next 12 Months $32.2959 $5,598 $67,176 $32.9419 $5,710 $68,519 Step C - Next 12 Months $33.5683 $5,818 $69,822 $34.2396 $5,935 $71,218 Step D - Next 12 Months $34.9049 $6,050 $72,602 $35.6030 $6,171 $74,054 Step E - Thereafter $36.3011 $6,292 $75,506 $37.0271 $6,418 $77,016 Step A - First 6 Months Step B - Next 12 Months Step C - Next 12 Months Step D - Thereafter $30.1472 $5,226 $31.4034 $5,443 $32.6595 $5,661 $33.9614 $5,887 $62,706 $65,319 $67,932 $70,640 $30.7502 $32.0314 $33.3127 $34.6406 $5,330 $63,960 $5,552 $66,625 $5,774 $69,290 $6,004 $72,052 Last ROYlsed: lII25IOI Last Increase Aoolied: 2% COLA all Management classifications; 3% COLA all Confidential Classifications 6 MANAGEMENT/CONFIDENTIAL Salary Schedule FOR 2008-2009 4% COLA 2% COLA MANAGEMENT 3% COLA CONFIDENTIAL Step A - First 6 Months $27.2282 $4,720 $56,635 $27.7727 $4,814 $57,767 Step B - Next 12 Months $28.5853 $4,955 $59,457 $29.1570 $5,054 $60,646 Step C - Next 12 Months $30.0152 $5,203 $62,432 $30.6155 $5,307 $63,680 Step D - Next 12 Months $31.5113 $5,462 $65,544 $32.1416 $5,571 $66,854 Step E - Thereafter $33.0869 $5,735 $68,821 $33.7486 $5,850 $70,197 ;~!f'1!s; ~:;/,;' Step A - First 6 Months $28:9867' $29.5665 $5,125 $61,498 Step B - Next 12 Months $30.1950 $30.7989 $5,338 $64,062 Step C - Next 12 Months $31.4028 $32.0309 $5,552 $66,624 Step D - Thereafter $32.6502 $33.3032 $5,773 $69,271 Step A - First 6 Months $26.9626 $4,674 $56,082 $27.5018 $4,767 $57,204 Step B - Next 12 Months $28.0293 $4,858 $58,301 $28.5899 $4,956 $59,467 Step C - Next 12 Months $29.1473 $5,052 $60,626 $29.7303 $5,153 $61,839 Step D - Thereafter $30.3040 $5,253 $63,032 $30.9101 $5,358 $64,293 Step A - First 6 Months $25.8480 $4,480 $53,764 $26.3649 $4,570 $54,839 Step B - Next 12 Months $27.2100 $4,716 $56,597 $27.7542 $4,811 $57,729 Step C - Next 12 Months $28.6380 $4,964 $59,567 $29.2107 $5,063 $60,758 Step D - Thereafter $30.1500 $5,226 $62,712 $30.7530 $5,331 $63,966 Step A - First 6 Months $23.7367 $4,114 $49,372 $24.2114 $4,197 $50,360 Step B - Next 12 Months $24.9109 $4,318 $51,815 $25.4091 $4,404 $52,851 Step C - Next 12 Months $26.1734 $4,537 $54,441 $26.6969 $4,627 $55,529 Step D - Next 12 Months $27.4865 $4,764 $57,172 $28.0362 $4,860 $58,315 Step E - Thereafter $28.8501 $5,001 $60,008 $29.4271 $5,101 $61,208 Step A - First 6 Months Step B - Next 12 Months Step C - Next 12 Months Step D - Thereafter $25.3947 $4,402 $26.3971 $4,575 $27.4638 $4,760 $28.5562 $4,950 $52,821 $54,906 $57,125 $59,397 $25.9026 $26.9251 $28.0131 $29.1273 $4,490 $53,877 $4,667 $56,004 $4,856 $58,267 $5,049 $60,585 Last Revised: 1125I08 Last Increase Aoolied: 2% COLA all Management classifications; 3% COLA all Confidential Classifications 7 MANAGEMENT/CONFIDENTIAL Salary Schedule FOR 2008-2009 4% COLA 2% COLA MANAGEMENT 3% COLA CONFIDENTIAL .. . $21.4657 $3,721 $44,649 $21.8950 $3,795 $45,542 $22.3223 $3,869 $46,430 $22.7688 $3,947 $47,359 $23.2149 $4,024 $48,287 $23.6792 $4,104 $49,253 $24.1435 $4,185 $50,219 $24.6264 $4,269 $51,223 $20.2789 $20.6781 $3,584 $43,011 $21.0917 $3,656 $43,871 $21.5007 $3,727 $44,721 $21.9307 $3,801 $45,616 $22.3489 $3,874 $46,486 $22.7959 $3,951 $47,415 2% COLA MANAGEMENT 3% COLA CONFIDENTIAL Step A - First 6 Months Step B - Next 12 Months Step C - Next 12 Months Step D - Next 12 Months Step B - Next 12 Months Step C - Next 12 Months Step D - Next 12 Months Step A - First 6 Months $15.7917 $2,737 $32,847 $16.2655 $2,819 $33,832 Step B - Next 12 Months $16.5863 $2,875 $34,499 $17.0838 $2,961 $35,534 Step C - Next 12 Months $17.4136 $3,018 $36,220 $17.9360 $3,109 $37,307 Step D - Next 12 Months $18.2672 $3,166 $37,996 $18.8152 $3,261 $39,136 Step E - Thereafter $19.1733 $3,323 $39,881 $19.7485 $3,423 $41,077 Step A - First 6 Months $15.1379 $2,624 $31,487 Step B - Next 12 Months $15.4246 $2,674 $32,083 $15.8873 $2,754 $33,046 Step C - Next 12 Months $16.1786 $2,804 $33,651 $16.6640 $2,888 $34,661 Step D - Next 12 Months $16.9855 $2,944 $35,330 $17.4951 $3,032 $36,390 Step E - Thereafter $17.8322 $3,091 $37,091 $18.3671 $3,184 $38,204 ELECTED OFFICIALS City Recorder Municipal Judge ] 4.5546 % calculated per City Charter 2.54% calculated per City Charter PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A monthly wage is provided as an approximate salary, but actual monthly earnings may differ from those quoted above. Last RmHd: II25IOlI Last Increase ADDlied: 2% COLA all Management classifications; 3% COLA all Confidential Classifications 8 CITY OF ASHLAND Council Communication Street Tree Commission Powers and Duties Meeting Date: Department: Secondary Dept.: Approval: July 15,2008 Primary Staff Contact: Community Development E-Mail: Planning Department Lecondary Contact: Martha Bennett rtf' Estimated Time: Amy Anderson andersona@ashland.or.us Richard Appicello 10 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance amending the Street Tree Commission Powers and duties? Staff Recommendation: Staff recommends Council approval of Second Reading by title only and approve adoption of the Ordinance. Background: The proposed amendments primarily concern the changes to the name, membership, quorum, powers and duties of the Street Tree Commission. The Street Tree Commission began reviewing their Powers and Duties as outlined in Ashland Municipal Code 2.25 in June 2006 consistent with the direction of the City Council for all Commissions. The first change is from Street Tree Commission to Tree Commission. Other recommended changes include added flexibility language to the number of Commissioners from five to seven, changing the quorum language and reordering the existing Duties into a prioritized list. Related City Policies: City Charter Article 10, Ordinance adoption provisions & AMC 2.25 Council Options: (1) Move to approve Second Reading and approve adoption of the Ordinance. (2) Postpone consideration. Potential Motions: Staff: [Conduct Second Reading of Ordinance by Title only} Council: Motion to approve Second Reading and approve adoption of the ordinance. Attachments: Proposed ordinance with revisions from July 1, 2008 07-15-08 Tree Commission Page 1 r... , ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.25, STREET TREE COMMISSION, AMENDING NAME, MEMBERSHIP, QUORUM, POWERS AND DUTIES, AND OTHER REQUIREMENTS Annotated to show dolotions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland Street Tree Commission wishes to modify and update the Street Tree Commission Ordinance relating to the name of the Commission, membership, powers and duties, and other requirements; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Chapter 2.25, Street Tree Commission is hereby amended to read as follows: 2.25 Street Tree Commission 2.25.010 Established - Membership The Tree Commission is hereby established to provide advice and auidance to commissions, the Council and city departments on all tree-related matters and to involve citizens in protectina Ashland's urban forest. . The Commission shall consist of the actual number of current sittina Commission members appointed by the Mayor and confirmed by the City Council pursuant to AMC Section 2.25. 020, but in no case shall there be less than five members nor more than seven voting members and three non-voting ex officio members consisting of the Planning Commission, a member of the City Council, and a representative of the Director of Community Development Department and a representative of the Parks and Recreation Department. The voting members shall be appointed by the Mayor with confirmation by the City Council. 2.25.020 Term Vacancies The term of a voting Commissioner shall be for three years. Any vacancy shall be filled by appointment of the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the members shall be for three years. Any Commissioner with 'f/ho is absent from four or more unexcused absences from meetings in a one-year period shall be considered no longer active and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. 2.25.030 Quorum Rules and Meetings Tree Commission Ordinance: Second Reading. July 15, 2008 Page 1 of4 Four 'toting members of the Commission shall constitute a quorum. A Quorum shall be defined as one-half the number of sittina Commissioners. plus one. but in no case less than three. If there is no Quorum. no official Commission business shall be conducted and all matters advertised shall automatically be continued to the next reaularly scheduled meetina. The Commission may make rules and regulations for its meetings and procedures consistent with city ordinances, and shall meet at least once every month. At its first meeting of each year the Commission shall elect a Chair, a Vice-Chair and a Secretary.. (ORD 2779 S3, 1996) 2.25.040 Powers and Duties, Generally The purpose, powers, duties and responsibilities of the Tree Commission shall be as follows: 1. To act in an advisory capacity to the Plannina Commission. City Council and Plannina Department Staff Advisor in the administration of the land-use plannina process. with respect to tree science and reQuirements. landscape desian and principles. locally suitable botanic species and Drotection of natural resources. Failure to make a recommendation on any individual plannina action shall not invalidate the action. 2. To develop and recommend to the City Council for its adoption ordinances and policies for the plantina. care and protection of trees throuahout the City and to make amendments as reQuired to AMC 18.61. 3. To act in an advisory capacity to the City Administrator and to all City departments reaardina tree protection. maintenance. removal or any related issues in the City and on all City properties. 4. To develop and recommend to the Plannina Commission and the City Council for their review and adoption a city-wide tree monitorina and maintenance plan for lona-term tree care. includina irriaation. prunina and other annual activities. Copies of the plan shall be kept in the Office of the City Recorder and the Community Development Department for public review. 5. To develop and recommend to the City Council for its adoption a master list of street trees suitable for plantina alona city streets. a COpy of which shall be kept on file by the Office of the City Recorder and the Community Development Department as well as made available on the internet. The list shall be updated and reviewed as reQuired. 6. To educate the citizenry and to promote public knowledae and understandina of the benefits of appropriate tree plantina and care. 7. To facilitate an inventory of existina trees. includina historical or sianificant trees: to identify publicly owned properties in need of sustainable tree- plantina or landscapina: and to submit recommendations reaardina such enhancement of public lands and riahts-of-way and to present reports of such inventories. at the reQuest or direction of Council. ^. To in'/entory existing street trees, including historical trees and public properties in need of beautification and plantings, and present a '..,ritton report to Tree Commission Ordinance: Second Reading. July 15, 2008 Page 2 of 4 the City Council of its findings. 8. To de\~elop and recommend to the City Council for its adoption a master list of street trees suitable for planting along the streets of the City, a copy of '.vhich shall be kept on file in the Office of the City Recorder and the Department of Community De'lelopment for public information. The list shall be revie-Med as required. C. To de-Jelop and recommend to the Planning Commission and the City Council for its adoption a Tree Management Plan, a copy of 'J{hich shall be kept on file in the Office of the City Recorder and the Department of Community Deyelopment for public information. D. To de\'elop and recommend to the City Council for its adoption ordinances and policies for the planting, care and protection of trees throughout the City. E. To act in an ad\,'isol)' capacity to the Planning Commission in the administration of the site revie'.a: and subdivision process \vith respect to landscape design, suitable plantings, protoction of natural -.'ogetation, and tree requiremonts. F. To act in an ad-:isol)' capacity to the City Administrator and to all City departmonts regarding tree maintenance and relatod issuos in the City and the City's proportios. G. To submit recommendations to the City Council rogarding tho beautification of public proporties and rights of ~:{ay. H. To promote public kno-J.'ledge and acceptance of the \"aluo of appropriate troe planting and care. I. To de-,elop, maintain, and updato a rocommendod streot troe list. 2.25.050 Reports The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council of or the Planning Commission. 2.25.060 Donations Subiect to the formal acceptance by the City Council. the the-Commission may receive gifts, bequests or other devices of property in the name of the City to carry out any of the purposes of this Chapter, which shall be placed in a special account for use at the discretion of sakl-the Commission. Penalty or mitiaation fees as described Tree Commission Ordinance: Second Reading. July 15, 2008 Page 3 of 4 in 18.61.030. C and authorized by City Council may also be placed in such account. SECTION 2. Severability.. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2- 3) need not be codified. 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 , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Tree Commission Ordinance: Second Reading. July 15,2008 Page 4 of 4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Renewal of Ashland Gun Club Lease July 15, 2008 Primary Staff Contact: Legal E-Mail: Administration Rr Secondary Contact: Martha Bennett ~ Estimated Time: Megan Thornton thomtm@ashland.or.us Don Robertson 30 minutes Question: Does the Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club? Staff Recommendation: Staff recommends approval of an order and execution of the lease. Background: On June 16, 2008, the gun club lease was discussed at a Council Study Session. Study Session documents are attached as background information. At the conclusion of the Study Session, the Council directed staff to gather additional information and make modifications to the lease before presenting the lease to Council for approval. Modifications to Draft Lease: Staff has modified the draft lease. The modifications attempt to incorporate feedback from the council, gun club members, and neighboring property owners received at the study session. The following modifications were made to address comments from the study session: 1. Gun Club's evening hour of operations - definition of "sunset." . Response: Section 4.2(1) was modified to limit the evening hours to 8PM or sunset, whichever comes earlier. "Sunset" was defined in Article 1, section 13. Oregon law would allow shooting from 7 AM to 10PM or shooting at any time for law' enforcement training purposes. ORS 467.131 (3). Thus, the proposed hours are more restrictive than what Oregon law allows. 2. Holiday Closures · Response: Section 4.2(2) was added to require the Gun Club to be closed for four holidays each year. The dates of the closures will be provided in the Gun club's January newsletter of each year. 3. Night Training . Response: Section 4.2(1)(a) was modified to specifically allow only the Ashland Police Department to use the property for special night training (such training usually occurs about once per year). However, to use the property for training after hours, nearby property owners must be given notice at least two weeks in advance. 4. Language or clause in the lease that the property could revert back to the city in case it is needed in the future · Response: Section 2.4 was added to allow the City to reclaim the property in case of an emergency. Article 1 subsection 6 was added defining'''emergency.'' If the City Page 1 of2 071508 Gun Club Lease.CC.doc rA' CITY OF ASHLAND chooses to reclaim the property due to an emergency the City will assume the terms of any grants that have been received, and the Gun Club will be exempt from returning the property to its original state. 5. Provision allowing for future Greenway construction . Response: Section 5.2(4) was added to require the Gun Club to relocate or re-orient facilities to allow future construction of the Greenway. 6. Historic value - management of historic areas . Response: Section 5.1 was modified to include that the City reserves the right to adopt and institute a management plan for the benefit of historic areas marked on Exhibit C. Section 4.2(3) also excludes historic areas from use and retains the City's right to use and maintain areas of historic significance. In addition, the definition of "premises" in Article 1, section 11 excludes all historical areas from the .premises leased to the Gun Club. 7. Environmental Assessments and Riparian Zone Management . Response: Section 4.5 was added to require the City and Gun Club to jointly conduct an environmental assessment and field investigation of the Property, including specifically the riparian corridor, to test for contaminants. If lead is discovered in the riparian area a plan will be developed for the removal and disposal of the lead, as well as restoration of the riparian corridor. This section also prohibits the Gun Club from making any alterations in the riparian corridor. In addition, Section 5.1 was modified to make it clear that it is the City's responsibility to maintain the riparian zones on the property. 8. Stricter deadlines on clean-up dates for the property. . Response: Section 4.5 requires the Environmental Assessment for the entire property to be completed by July 1, 2009, and section 4.3 requires the initial clean-up of the site to begin within 18 months of the lease signing. Related City Policies: None Council Options: 1) Approve an order authorizing the proposed lease of real property. 2) Provide direction to staff for further revisions to the lease agreement. 3) Decline to renew the lease agreement. Potential Motions: (1) Move to approve an Order of the City Council authorizing the lease of real property to the Ashland Gun Club. (2) Move to continue the matter to [date certain]. Attachments: . Revised Lease Agreement with attachments . Existing Lease Agreement - June 1, 1994 to June 1,2009 . Study session Council Communication for June 16, 2008 - attachments available online . Letter dated July 2, 2008 from Leon Pyle and Cathy DeForest . Letter from Ashland Historic Commission Page 2 of2 071508 Gun Club Lease.CC.doc ,., ASHLAND GUN CLUB LEASE AGREEMENT THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as Lessor, and the ASHLAND GUN CLUB, INC., hereinafter referred to as Lessee. Whereas, Lessor is the owner of certain real property located in Jackson County, Oregon; and Whereas, the Lessor has formally leased the Property to Lessee since 1968 so that the Lessee could use the property as a shooting range and Ashland Gun Club facility; and Whereas, the current lease dates back to 1996 and will expire March 31, 2009; and Whereas, the Lessee would like to be eligible for grants from the State of Oregon and Federal agencies that provide funds for Hunter/Shooter Safety training, range improvements, lead abatement and other programs; and Whereas, many grant programs require applicants to have remaining lease periods of ten years or more; and Whereas, the Lessor wishes to enter into a new lease that will further the public interest by meeting grant requirements and establishing conditions and restrictions on the use of the Property that will address the concerns of abutting property owners and the City. NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS: ARTICLE 1. DEFINITIONS. The following definitions shall apply to this document: (1) AQreement: this document, entitled Ashland Gun Club Lease Agreement, and any exhibits incorporated herein. (2) Alterations: include the addition or removal of any buildings, sheds, structures, or the installation of any utilities, pipes, wiring, cables, and conduit on the Property. (3) Automatic Weapons: a firearm that reloads itself and continues to fire until the trigger is released. (4) Bodily Iniurv: any damage to a person's physical condition including pain or illness, including but not limited to, an injury resulting in death. (5) Effective Date: July 1,2008, the date this Agreement will take effect. (6) EmerQencv: any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. (7) Environmental Law: any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety, or the environment. Ashland Gun Club Lease Agreement Page 1 of 12 (8) Hazardous Substance: any hazardous, toxic, infectious, or radioactive substance, waste, or material as defined or listed by any Environmental Law and shall include, without limitation, lead, petroleum oil and its fractions. (9) Lessee: Ashland Gun Club, Inc. (10) Lessor: the City of Ashland. (11) Premises: the Property described on Exhibit A (except for remnants, structures and areas with historic significance, including, Pompadour Springs, all pipes, facilities and sources for obtaining Lithia water and all features marked on Exhibit C) and any alterations or improvements constructed by Lessee. (12) Property: certain real property located in Jackson County, Oregon, and described fully in Exhibit A, attached hereto and incorporated herein by this reference. (13) Sunset: the setting or descent of the sun below the horizon in the evening as determined by the Astronomical Applications Department of the United States Naval Observatory. ARTICLE 2. LEASE OF PROPERTY AND TERM OF LEASE. Section 2.1. Agreement to Lease. In consideration of the rent to be paid and covenants to be performed by Lessee under this Agreement, Lessor hereby agrees to lease the Property to Lessee, and Lessee agrees to lease the Property from Lessor on the terms and conditions set forth in this Agreement. Section 2.2. Original Term. The term of this lease shall be for a period of twenty years, commencing on the Effective Date and the lease may be extended after 10 years in accordance with Section 2.3, unless terminated earlier as provided in this Agreement. Section 2.3. Extension Option. If the Agreement is not in default after the first ten years of the lease term has elapsed, the lease shall operate as follows: (1) Method of Extension: Lease Term. After the initial ten years of the lease has elapsed on June 30, 2018, the lease must be extended each year for the remainder of the lease term by giving written notice to Lessor at least 90 (ninety) days before June 30th starting in the year 2019. Each of the extension terms shall commence on July 1 st (the day following expiration of the preceding year) and shall continue for ten years. (See Table next page). Giving such notice shall be sufficient to make the Agreement binding for a renewal term of ten years unless the Lessor objects to the renewal request. (2) Reiection of Extension Request. The Lessor may reject Lessee's request to extend and renew the lease by providing written notice to the Lessee that the extension request will not be accepted within forty-five (45) days of receipt of the extension request from the Lessee. Failure to respond within 45 days of receipt of the extension request indicates that the Lessor accepts the renewal of the lease. (3) Adiustment of Rent Provision. The Lessor shall have the opportunity to adjust the rent established by this Agreement in Article 3 once every three (3) years, starting in 2019. (See Table next page.) All other terms of this Agreement shall remain the same. Ashland Gun Club Lease Agreement Page 2 of 12 Deadline to Renew Lease Beginning of Lease term if End of Lease Term by Letter Accepted by the Lessor March 30, 2019* July 1,2019 June 30,2029 March 30, 2020 July 1, 2020 June 30, 2030 March 30, 2021 July 1, 2021 June 30, 2031 March 30, 2022* July 1, 2022 June 30,2032 March 30, 2023 July 1, 2023 June 30, 2033 March 30, 2024 July 1, 2024 June 30, 2034 March 30, 2025* July 1, 2025 June 30,2035 March 30, 2026 July 1, 2026 June 30, 2036 March 30, 2027 July 1, 2027 June 30, 2037 March 30, 2028* July 1,2028 June 30, 2038 * = years the rent terms may be reviewed. Section 2.4. Emergency Termination. In the case of an Emergency the Lessor may immediately terminate the lease and take possession of the Premises. If the Lessor exercises this right, the Lessor assumes all obligations of any grants that Lessee has obtained due to this lease. In addition, Lessee will not be required to return the Premises to its original condition if the Lessor exercises this right. ARTICLE 3. RENT AND OTHER CONSIDERATION. Section 3.1. Rent. All taxes, insurance costs, utility charges, and other costs that Lessee is required to pay by this Agreement, and any other sums that Lessee is required to pay to Lessor or third parties shall be considered rent. Section 3.2. Required Community Events. (1) Siahtina-In Weekend. The Lessee shall provide access to its shooting ranges, during normal operating hours, free of charge for one weekend prior to the regular deer and elk hunting seasons as published in the Oregon Big Game Regulations by the Oregon Department of Fish and Wildlife. Lessee shall also provide Range Officers and other assistance as necessary. (2) Community Open House Weekend. The Lessee shall provide access to the Premises during normal operating hours for all neighbors and community members at least one weekend per year to explain the programs and opportunities provided by the Lessee. Lessee may provide the opportunity for visitors to fire weapons on the range under strict control Of the Lessee's Range Officers. (3) Historic Day. Lessee shall provide access to the Property for all neighbors and community members during normal operating hours for at least one day per year in which the shooting ranges will be closed to shooting. During the event activities will be focused on the historic importance of the site. ARTICLE 4. USE OF PREMISES. Section 4.1. Permitted Use. The Premises shall be used as a firearms training facility that provides indoor and/or outdoor facilities that allow the use of rifles, pistols, shotguns, and archery equipment. A number of facilities are already present on the Ashland Gun Club Lease Agreement Page 3 of 12 facility and Lessee shall have the rights to such facilities. The Lessee shall have the right to construct such facilities as are normally associated with such use, including, but not limited to, ranges, berms, targets, target sheds, club buildings and parking lots, with the approval of Lessor and Jackson County. Section 4.2. Restrictions on Use. (1) Hours of Operation. Lessee shall post the hours of operation for the shooting ranges with a phone number where a responsible party can be reached. The hours of operation for the shooting ranges shall be: Monday through Friday from 8AM to 8PM or Sunset, whichever is earlier, and Saturday and Sunday from 9AM to 8PM to Sunset, whichever is earlier. (a) EXCEPTION. The Ashland Police Department may utilize the shooting ranges outside of the standard hours of operation for specialized training by having the Ashland Gun Club provide notice of specialized training sessions in its newsletter and to the Lessor in accordance with Section 13.3 at least thirty (30) days before the training session. If a training session is scheduled after the monthly newsletter is published, or so that the newsletter will not be received in time to give nearby property owners adequate notice, the Lessee must notify nearby property owners of the event by other means at least two weeks before the event. (2) Holiday Closures. The Lessee shall close the Premises completely for four holidays each calendar year. The four dates for which the Premises will be closed to all shooting activity will be listed in the first Gun Club Newsletter of each calendar year. (3) Areas not Subiect to Permitted Use. Lessee shall not be permitted to use the pipes and access points for Lithia water, the remnants of historic buildings or structures, or the remnants of Pompadour Springs. The Lessor retains all rights to use and maintain areas of historic significance on the Property without interfering with scheduled events and uses of Lessee. (4) Firearm Restrictions. The following firearms shall not be used on the shooting ranges: (a) Firearms that exceed 6000 foot-pounds of muzzle energy; and (b) Automatic Weapons, unless the weapon is being fired in a standard or semi-automatic mode. (5) Overniaht Events. Lessee shall only be permitted to have one (1) overnight event per calendar year in which participants stay overnight for a multiple day event on the Premises. The hours of operation for the shooting ranges must be strictly complied with during the course of the event. (6) Removal of Minerals and Gravel. Lessee shall not relocate or remove any minerals, rock, gravel or soil on or from the premises without the permission of the Lessor. Section 4.3. Hazardous Substances. Lessee may use or otherwise handle only those Hazardous Substances typically used or handled in the prudent and safe operation of the use specified in Section 4.1. Lessee shall refrain from causing Hazardous Substances, other than lead, to be spilled, leaked, disposed of, or otherwise released on or under the Property. Lessee may store such Hazardous Substances on the Property only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest Ashland Gun Club Lease Agreement Page 4 of 12 degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the Property. Lessee shall comply with the Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges to minimize and manage lead contamination of the Premises. Lessee shall begin an initial lead removal operation on the Premises within the first eighteen (18) months of lease signing. On the expiration or termination of this Agreement, Lessee shall remove all lead from the Property. Beginning in 2019, Lessor shall have the right to require Lessee to post financial security for environmental clean-up of the site related to the Gun Club's use as a condition of an extension under Section 2.3. Each year an extension is granted Grantee may be required to post at least a proportion of the total amount deemed necessary to perform lead removal on the site. The amount and the form of the financial security must be approved by the Director of Public Works and City Attorney. It is the intention of the Lessor and Lessee that grants and other environmental remediation programs during the term of the Agreement will make posting financial security unnecessary. Section 4.4. Compliance with Laws. Lessee shall, at Lessee's own cost and expense, comply with all federal, state, and local statutes, ordinances, regulations, rules and requirements, relating to Lessee's use and occupancy of the Property. This Lease does not authorize any use of the Property in violation of applicable land use laws and regulations. Section 4.5. Environmental Assessment I Riparian Corridor. The Lessor and the Lessee agree to have an environmental assessment and field investigation performed by an environmental professional to evaluate and test for contaminants on the Property, including specifically in the riparian zones marked in Exhibit D, by July 1, 2009. If lead is discovered in the riparian zones, then a plan will be developed to be approved by the planning department that will address lead removal, disposal, and restoration of the riparian zones. The costs associated with an environmental assessment of the Property and implementation of any necessary management plan for the Property, including the riparian zones shall be paid for jointly by the Lessor and Lessee. The Lessee shall also abide by the Water Resources Protection Chapter of the Ashland Municipal Code, including all prohibitions against alterations in the riparian corridor. ARTICLE 5. MAINTENANCE, REPAIRS AND RESTORATION. Section 5.1. Lessor's Obligations. Lessor shall be under no obligation to make or perform any repairs, maintenance, replacements, alterations, or improvements on the Property except for repairs and maintenance of the Lithia Springs Water facilities and other historic areas on the Property, including any existing lines or new lines that need to be installed to maintain Lessor's access to Lithia water, and maintenance of the riparian zones marked on Exhibit D. Lessor retains the right to adopt and institute a historical resource management plan for the benefit of historic areas marked on Exhibit C. Ashland Gun Club Lease Agreement Page 5 of 12 Section 5.2. Lessee's Obligations. Lessee shall be responsible for: (1) Repairs and maintenance of the boundary fence of the Property and Lessor's adjacent property described in Exhibit B. (2) Any repairs necessitated by the negligence of Lessee, its agents, employees, and invitees. (3) Any repairs or alterations required under Lessee's obligation to comply with laws and regulations as set forth in Section 4.4. (4) Any relocation or reorientation of Lessee's facilities that is required to allow future construction of the Greenway. Section 5.3. Lessor's Interference with Lessee. In performing any repairs, replacements, alterations, or other work performed on or around the Property, Lessor shall not cause unreasonable interference with use of the Premises by Lessee. Lessee shall have no right to an abatement of rent nor any claim against Lessor for any inconvenience or disturbance resulting from Lessor's activities performed in conformance with the requirement of this provision. Section 5.4. Lessee's Duty to Restore Premises. If at any time during the term of this Agreement, any improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of Lessor, this Agreement shall continue in full force and effect. In such event, Lessee shall have the option of either causing the damaged or destroyed improvements to be removed from the Premises or, alternatively, Lessee may repair and restore the damaged improvements. In the event that Lessee causes the damaged or destroyed improvements to be removed from the Premises, Lessee may, at Lessee's discretion, cause replacement structures to be erected on the Premises. ARTICLE 6. OWNERSHIP OF ALTERATIONS. Section 6.1. Alterations Prohibited. Lessee shall not make Alterations or improvements on the Premises without first obtaining Lessor's written consent. All Alterations shall be made in a good and workmanlike manner, and in compliance with all laws and building codes. Section 6.2. Ownership and Removal of Alterations. Title to all Alterations or improvements, existing or hereafter constructed on the Premises by Lessee shall be and remain the property of Lessee and may be removed by Lessee at expiration of this Agreement. In the event that Lessee fails to remove any Alteration located on the Premises at the expiration of this Agreement, then such Alteration shall be and become the property of Lessor. However, Lessor may elect to remove such Alterations and charge the expense of such removal, and the physical damage resulting from the removal, to Lessee. In the event Lessor elects to remove the Alterations, Lessor shall make its election within 60 days after expiration or termination of this Agreement and shall notify Lessee of any such election. ARTICLE 7. INSURANCE; INDEMNIFICATION; LIENS Ashland Gun Club Lease Agreement Page 6 of 12 Section 7.1. Liability Insurance. Lessee, at its sole cost and expense, commencing on the Effective Date, and continuing during the lease term, shall procure, pay for and keep in full force and effect comprehensive commercial general liability policy (occurrence version) in a responsible company with coverage for Bodily Injury and property damage liability, personal and advertising injury liability, blanket contractual liability, contractual liability for obligations assumed under this Agreement, and medical payments with a general aggregate limit of not less than $1,000,000 per occurrence for combined single limit bodily injury and property damage claims, or $500,000 per occurrence for bodily injury and $250,000 per occurrence for property damage. Such insurance shall cover all risks arising directly or indirectly out of Lessee's activities on the Property or any condition of the Property. Such insurance shall name Lessor as an additional insured. Certificates evidencing such insurance and bearing endorsements requiring 10 days written notice to Lessor before any change or cancellation of the policy shall be furnished to Lessor before Lessee's occupancy of the property. Section 7.2. Indemnification. To the fullest extent permitted by law, Lessee shall indemnify, defend, and hold Lessor harmless from, and reimburse Lessor for, any cost, claim, loss, Bodily Injury (including injury resulting in death), or liability that is suffered directly or from a third-party claim arising out of, or related to: 1) any activity of Lessee, or any agent, contractor, servant, invitee, licensee or employee of Lessee on the Property, 2) any condition of the Property in the possession or under the control of Lessee, 3) an act or omission of Lessee or any agent, contractor, servant, invitee, licensee or employee of Lessee, or 4) any failure by Lessee to perform all of its obligations under environmental laws, including any failure to perform during Lessee's previous occupation of the Property, or 5) any breach by Lessee under this Agreement. Lessor shall have no liability to Lessee for any injury, loss, or damage caused by third parties, or by any condition of the Property. This obligation to indemnify shall include reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Lessor or its attorney from the first notice that any claim or demand is to be made or may be made. In case that an action or proceeding is brought against Lessor because of such claim, Lessee, upon notice from Lessor, agrees to defend such action or proceeding by hiring counsel reasonably satisfactory to Lessor. Section 7.3. Liens. (1) Except with respect to activities for which Lessor is responsible, Lessee shall pay as due all claims for work done, services rendered, or materials furnished to the Property, and shall keep the Property free from any liens. If Lessee fails to pay any such claims or to discharge any lien, Lessor may do so and collect the cost as additional rent. Such action by Lessor shall not constitute a waiver of any right or remedy which Lessor may have on account of Lessee's default. (2) Lessee may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay, as long as Lessor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within 10 days after knowledge of the filing, secure the discharge of the lien or deposit with Lessor cash or sufficient corporate surety bond or other surety satisfactory to Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. Ashland Gun Club Lease Agreement Page 7 of 12 ARTICLE 8. TAXES; UTILITIES. Section 8.1. Payment of Taxes. Lessee shall pay all real property taxes and special assessments levied upon the leased Property during the term of the Agreement. Lessee shall not cause any liens or encumbrances to be imposed upon the leased Property and if any lien or encumbrance is imposed upon such Property, Lessee shall proceed to remove the lien or encumbrance immediately. ,Section 8.2. Proration of Taxes. Lessee's share of real property taxes and assessments for the years in which this Agreement commences or terminates shall be prorated based on the portion of the tax year that this Agreement is in effect. Section 8.3. Utilities. Lessee agrees to payor cause to be paid all utilities utilized in connection with the Property during the term of this Agreement. ARTICLE 9. REPRESENTATIONS. Section 9.1. Lessor's Warranty. Lessor warrants that it is the owner of the Property and has the right to lease it free of all encumbrances. Lessor will defend Lessee's right to quiet enjoyment of the Property from the lawful claims of all persons during the lease term. Section 9.2. Lessee's Warranty. Lessee warrants that it has the power to enter into this Agreement and that Lessee will abide by all of the terms and conditions of this Agreement. ARTICLE 10. ASSIGNMENT AND SUBLEASING. No part of the Property may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the Property be conferred on any third person by any other means, without the prior written consent of Lessor. This provision shall apply to all transfers by operation of law. No consent in one instance shall prevent this provision from applying to a subsequent instance. Lessor may withhold or condition such consent in its sole and arbitrary discretion. ARTICLE 11. DEFAULT. Section 11.1. Default in Other Covenants. If Lessee fails to comply with any term or condition or fulfill any obligation of this Agreement within 20 days after written notice from Lessor specifying the nature of the default with reasonable particularity, the Lessee shall be held to have breached the terms of this Agreement. If the default is of such a nature that it cannot be completely remedied within the 20-day period, then Lessee will not be found in default as long as Lessee begins correction of the default within the 20- day period, and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. Ashland Gun Club Lease Agreement Page 8 of 12 Section 11.2. Abandonment. Failure of Lessee to occupy the Premises for 90 days or more shall result in default unless the Lessor consents to the absence in writing. ARTICLE 12. REMEDIES ON DEFAULT. Section 12.1. Termination. In the event of a default, the Agreement may be terminated at the option of Lessor by written notice to Lessee. Whether or not the Agreement is terminated by the election of Lessor or otherwise, Lessor shall be entitled to recover damages from Lessee for the default, and Lessor may reenter, take possession of the Property. Lessor may remove any persons or property by legal action or by self-help with the use of reasonable force, without liability for damages, and without having accepted a surrender. Section 12.2. Damages. In the event of termination or retaking of possession following default, Lessor shall be entitled to recover immediately, without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the following amounts as damages: (1) The loss of rent from the date of default until a new Lessee is, or with the exercise of reasonable efforts could have been, secured for the Property. (2) The reasonable costs of reentry and re-Ietting including without limitation the cost of any cleanup, refurbishing, removal of Lessee's property and fixtures, costs incurred, or any other expense occasioned by Lessee's default including but not limited to, any remodeling or repair costs, attorney fees, court costs, broker commissions, and advertising costs. Section 12.3. Condition of Property. (1) On expiration of the lease term, or earlier termination on account of default, Lessee shall deliver all keys to Lessor and surrender the Property in as good of condition as when received on the Effective Date. Alterations constructed by Lessee with permission from Lessor shall not be removed or restored to the original condition unless the terms of permission for the Alteration so allow. Depreciation and wear from ordinary use for the purpose for which the Property is leased shall be excepted, but repairs for which Lessee is responsible shall be completed to the latest practical date before such surrender. (2) All Alterations, improvements and fixtures placed on the Premises during the lease term, other than Lessee's trade fixtures, shall be removed in accordance with Section 6.2. If Lessee fails to remove such fixtures, Lessor may do so and charge the cost to Lessee with interest at the legal rate from the date of expenditure. (3) Before expiration or other termination of the lease term, Lessee shall remove all furnishings, furniture, and trade fixtures that remain its property. If Lessee fails to do so, this failure shall be an abandonment of the property, and Lessor may retain the property and all rights of Lessee with respect to it shall cease or, by giving written notice to Lessee within 20 days after removal was required, Lessor may elect to hold Lessee to its obligation of removal. If Lessor elects to require Lessee to remove, Lessor may effect a removal and place the property in public storage for Lessee's account. Lessee shall be liable to Lessor for the cost of removal, transportation to storage, and storage, with interest at the legal rate on all such expenses from the date of expenditure by Lessor. Ashland Gun Club Lease Agreement Page 9 of 12 Section 12.4. Remedies Cumulative. The rights and remedies of Lessor under this Agreement upon a breach thereof by Lessee are not exclusive and Lessor shall have all rights and remedies allowed under applicable law in addition to the rights and remedies contained in this Agreement. ARTICLE 13. MISCELLANEOUS PROVISIONS. Section 13.1. Non-waiver. Waiver by either party of strict performance of any provision of this Agreement shall not waive or prejudice the party's right to require strict performance of the 'same provision or any other provision in the future. Lessor's acceptance of Lessee's failure to perform an obligation required annually under this Agreement, such as payment of taxes or hosting of the community events in Article 3, shall not affect Lessor's remedies for failure to perform such other obligations. Section 13.2. Attorneys' Fees. If any litigation is commenced between the parties to this Agreement concerning the Property, this Agreement, or the rights and duties of either party, the prevailing party in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum for that party's attorneys' fees. The amount of the fees shall be determined by the court in that litigation or in a separate action brought for that purpose. Section 13.3. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to a party of this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee of the party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: LESSOR City of Ashland 20 E. Main St. Ashland, OR 97520 LESSEE Ashland Gun Club P.O. Box 953 Ashland, OR 97520 Section 13.4. Governing Law. This Agreement, and all matters relating to this Agreement, shall be governed by the laws of the State of Oregon in force at the time any need for interpretation of this Agreement or any decision or holding concerning this Agreement arises. Section 13.5. Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Section 13.6. Entry for Inspection. Lessor shall have the right to enter on the Property at any time to determine Lessee's compliance with this Agreement or to make necessary repairs to the Property. Whether or not such inspection is made, the duty of Lessor to make repairs shall not mature until a reasonable time after Lessor has received written notice from Lessee of the repairs that are required. In addition, Lessor shall have the right, at any time during the last two months of the term of this Ashland Gun Club Lease Agreement Page 10 of 12 Agreement, to place and maintain on the Property notices for leasing or selling of the Property. Section 13.7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. Section 13.8. Entire Agreement. This Agreement and its attachments constitute the sole and only agreement between Lessor and Lessee respecting the leasing of the Property to Lessee. Any agreements or representations respecting the Property, their leasing to Lessee by Lessor, or any other matter discussed in this Agreement not expressly set forth or incorporated into this Agreement are null and void. Section 13.9. Recording of Agreement. Lessor and Lessee may execute a memorandum of this Agreement, which shall be recorded in Jackson County, Oregon. The Memorandum of Lease shall describe the parties, set forth a description of the Property, specify the term of the Agreement and incorporate this Agreement by reference. Section 13.10. Holdover by Lessee. If the Lessee does not vacate the Property at the time required, the Lessor shall have the option to treat the Lessee as a Lessee from month to month, subject to all provisions of this lease except the provision for term. Section 13.11. No Partnership or Joint Venture. Nothing in this Agreement shall be construed to render the Lessor in any way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other than that of Lessor and Lessee, nor shall this Agreement be construed to authorize either party to act as agent for the other. Section 13.12. Extraterritorial Regulation. Nothing in this Lease shall interfere with the legislative authority of Lessor under ORS 226.010 or any other provision of state law. INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. LESSEE: President, Ashland Gun Club, Inc. Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this lease as set forth above. LESSOR: Ashland Gun Club Lease Agreement Page 11 of 12 Mayor, City of Ashland Date Ashland Gun Club Lease Agreement Page 12 of 12 Exhibit IAI LAN D DES C RIP T ION City. of Ashland, c/o Parks and Recreation Commission Page 2 THENCE South 89 degrees 57 minutes 38 seconds East along the Southerly boundary line of Donation Land Claim No. 51, said Township and Range for a distance of 594.40 feet to a 30 inch long by 1 inch diameter galvanized iron pipe with 3 inch diameter bronze cap situated at the Southeast corner thereof; THENCE continuing South 89 degrees 57 minutes 38 seconds East along the Southerly boundary line of Donation Land Claim No. 38, Township 39 South, Range, 2 East of the Willamette Base and Meridian, Jackson County, Oregon for a distance of 680.35 feet to a 30 inch long by 1 inch diameter galvanized iron pipe with a 3 inch diameter bronze disk situated at the Southeast corner of said Donation Land Claim No. 38; THENCE North 00 degrees 11 minutes 51 seconds East along the boundary line common to Donation Land Claim No. 38 and Government Lot 5 for a distance of 73.37 feet to a 30 inch long by 1 inch diameter galvanized iron pipe with a 3 inch diameter bronze disk situated at the Northwest corner of Government Lot 5, Township 39 South, Range 2 East of the Willamette Base and Meridian, Jackson County, Oregon; THENCE South 89 degrees 47 minutes 06 seconds East along the Northerly boundary line of said Government Lot 5 for a distance of 306.00 feet to a 5/8 x 30 inch iron rod with aluminum cap marked: City of Ashland, Prop.Cor., 1992, LS 759; THENCE leaving said government lot line, South 42 degrees 17 minutes 06 seconds East for a distance of 130.70 feet to a 5/8 x 30 inch iron rod with aluminum cap marked: City of Ashland, Prop.Cor., LS 759; THENCE South 63 degrees 07 minutes 06 seconds East for a distance of 347.00 feet to a 5/8 x 30 inch iron rod with aluminum cap marked: City of Ashland, Prop. Cor. 1992, LS 759; THENCE South 10 degrees 37 minutes 06 seconds East for a distance of 185.50 feet to a point; THENCE North 89 degrees 57 minutes 38 seconds West for a distance of 942.11 feet to a point; THENCE South 60 degrees 30 minutes 00 seconds West for a distance of 200.00 feet to a point; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 303.02 feet to the point of beginning. Together with and subject to covenants, easements, and restrictions of record and those apparent on the land. LESSOR: City of Ashland c/o Parks and Recreation Commission 340 S. Pioneer Street Ashland, Oregon 97520 LESSEE: Ashland Gun Club, Inc. C;'E-G";S~ T ftR-rO~, f ~~()FESSit?f\tA.t ; L1.,.P.' "''!~~2~.J Exhibit' A · =cM.: ';;;};P. ~ :"c. r; @: ~ 0 N. l .JU\. Y tj. ~ ';',33 ;.. n~Rn; h \ ~\l\!/".i" March 11, 1996 ref: C92T17RR.leg 91 :.! >- , I~ 0: <( I cQ W ZZ C/) I ,an <(::> <t ...Jo w :Cm ...J> ,c.. .111 C/)> ma: <(.... ::><( \ u.o: ...JQ oW Uz ~ ~@; z::> .. :::>0 .. ~ -0: (!)al . ~ o a.. ~ .J ~ - i ___ a/~ ,en I ~~ :,. I ~. ... . I ~ == .: I ,cas II: . . I..) . ~ "- I !ii 0 / I 0') i~ w ~ ~ C\I t bt~ 0 0) ..J C") I )-... a.. <( \ !i I ~ . f ~ 1= I c.> I ....... I m _I_~ .e" I .t'Ut I- - a:l (\J U) - .= CI ~ - :l op- J: w a:. >< op- <( - .... 0> W ('f') w a.. C/) <( <( :E ~CD 9 ~ a.. < :E 5i W o. en (:) ~. < 0 ...t:! W v II . .UI ..J op- I~ 8M. CD w ...J i: :::> <( J~ N~ ... 0 . ..J .. 1ft C/) 18 ....m () 10 z I~ ::> !5.. Cl I . 9 I = ~ ,~I'IU I , , :- . 1ft : I -"'----~-~_._--,-......---.,---, ,.,...--------..- -...-.-........-.---- t, ~,....~ (l)z.. ~ o uu (I) 0 == III (!) 1:' :-:, Zo 11I11I - -w fI: · · · 0.. Q 0: 0: en Z >:' : c( (I) fI) .J CJ) CJ)' ~ J: If) If) i en · · ~ c( 1-1- - ..J EXHIBIT C 0- N e : . E 0 CIt ., t.. .. W 'q III .J .,. it c 0 III 0 .0 N " f) c:i " . ,.: . .W 0 C '0 0 :) ,.; 0 0 .. ~ Oft WI 0 2: -,.. C 0 .J % !:! " ,.; C ~ a ~ Glt ir Jj. f~~Jr \ ~~ g"- ~ ".:'~~,J ''''-\ ~ ~ f~ i ~ d~~o" \ ~3 ~/ ~tt, o~.. \ '. 1fT _ Ie 0 t-,.' ,tl) I :'3 ~... I -~ ... !! -- ~--~ ;"',- l o..~\..m.~ ;. I ,.. J! ,O'OlOI · H.LIION' I r .., . .... e ... U . P ,.:..; ...... ..0 Do :I:: !:I.. ...... ... .ii .. ...c: 11II.... ...., .. C,I:J .... .... .... DoU 11II. .-3 .... ~.. ... ...... ..JB . . -0':: ..... o .. . Do :!:: u ~1 ...a N .... ~ ~ .... ,.. ~ '. ~ ,.-... ,-- - - ~ r.-t "'"":"'-, -- ~ ~ --"l\ ~ !"'"-I ~ ~ ...., ~ ( A E-l H ~ H ~ ~ 0 0 ~ 9 rn ~ "0 C C m rn 'n; ~ Q) 0.. ~ 1:: "0 Q) 0 tij 0- 0 C 0 q:: .2 L.. <( a.. ~ 10 rn Z 0> W I C L1.. rn rn 'I:: L.. ~ "0 0- m :J c en ~ 0 m <U ~ ;S 0 S ~ 0 en :.::i r" D~ D g ~ 9 ~ o o .. I- 9 ~ ~ ~ 9 ~ CJ ~ I- 9 ~ g ~ 9 ~ g ~ ~ o o N ~ 9 ~ (~~~. o ~ ~ 9 ~ .;' ",/"' LEASE lease between, the City of Ashland, by and through its Parks and Recreation . Commission, ("lessor-) and Ashland Gun Club, Inc. ("Lessee-) RECITALS: .~ ,A. qn July 27, ,1983 Lessor and lessee extended a sublease on certain property , . .' owned .b~ ;Lessor outside the 9fty of Ashland. This subl~ase was extended for a term , expinng March 31, 1998. _ . ' . , . ,~. _:~5:~e desires an extension beyond 1998 and the parties have determined that th.8 beJt,m~ in which to accomplish this extensIon ,Is ,to enter into a, new lease and teriiliilat~ What leases, subleases, and extensions that may exist between Lessor and L8SSee. ~. . , ,., o. '..,',' ". ._~ .,....-- - Lessor and ,Lessee agree: " ' " 1. Termination of previous leases and subleases.' Any lease, sublease or e~ension In effect prior to the date of this lease, including but not limited to a lease -dated.May 21, 1968; a document entiUed -Sublease. dated December 16, 1969; a docunlent 8ntitIed .Modification of 1e8s8~ datQd ,December 16, 1969; a docuinent entitled .Sublease. dated March 30, 1978; a document entitled -Extension of Lease- dated November 10, 1978; a document entiUed -Extension.of Sublease- dated March 30, 1983, and a document entitled -Extension of Lease- dated July 27, 1983 between Lessor and Lessee conoeming the property described in paragraph 2. Is' terminated effective June'1, 1994. 2. DescrlpUon of property. Lessor leases to Lessee on the foRowing tenns and concfltions the property de~ In the attached Exhibit A and referred ,to in this lease as the 1eased~. Utll~_Jf'9m the context a different m~~ia~ended, the term -property' refers to ~ real property, and the term -j'J'8'ffaes- refers to the real property and any Improvements located or ~ed during the term of this lease. Lessor reserves from thIS lease: .2. 1. Uttia Springs water or water facilities Including existing and new Rnes . whIch the Lessor shall have the right to i~ at such places as.1t deems advisable. 2~2. The right to' remove any rock or gravel from the premises, No ropk or' gravel shall be removed except after consulting with the lessee as to .th~ appropriate areas to remove rock in order to attempt to minimize any impairment of the future development of the property by lessee. Lessor shall make no use of Its' adjoining property that unreasonably interferes with regularly scheduled events and uses ~f lessee o~ the leased 'property. ' PAGE 1-LEASE (p:...,u\gun-dub.Is.J 3. .Term. The term of this lease is 15 years commencing on June 1. 1994. and terminating 15 years from such date. It is, the desire of the Lessor to encourage the utilization of the property by the lessee and in the event there is no regular use by the Lessee for any six month period, the lease shall be considered abandoned and the' Lessor may revoke the same. . ..,"',), .""', 4. Rental. Lessee shall pay Lessor for the use of the leased property during the lease term the rental sum of one dollar. In addition, lessee shall maintain the boundarY fence on the leased property and on the Lessors propertY adjacent to the lea$ed property. 5. Us~. Lessee shall use the' leased property for the purpose of a rifle, pistol and shotgun and archery range, and shall h~ve the right to erect and construct such facilities as are normally associated with such use, such as ranges, targets, target sheds, club buildings, ~ng lots, etc. It Is S.~~ly ag(~.aJh~t the lessee "_?___," _ .' 'pnMously coilstructetntrahge with 8 backstop 12 feet high. 100 f~ with wings at eacf)~dJ91~~jXd safety; targets are raised at 50 yards, . , 100 y~d~ ~nd 20lfyaras in 3t1ch 8 mMAer that they arel.~~.aking 8ft BpI9FS'/9d ~ saf"ty ,a..ge 3fmiler te thg~& · ~orf in mAtrgpolitoo area;. 5.1. Any restoration of facilities, such as Pompadour Springs, must first have the approval of the Lessor. ~~{t 5.2 Lessee shall refrain from Storing on or discharging from or onto the premises any hazardous wastes or toxic substances as defined in 42 use !!9601- 9657 and shall not use the property in a manner to violate any statute or regulation regarcfang hazardous substances. These laws and regulations include, but are not &mited to, the federal Comprehensive Environmental Response, Compensation and Uability Act; Resource Conservation and Recovery Act; Toxic Substances Control Act; Clean Water Act; Clean ftJr Act; regulations of the United States Envirormental . Protection Agency (EPA); O~7. 466.~5, 466.640 and 468.790 anrIi~'ations r;a,~::!'i.o~5'i,~;r~'j" of the Department of Envir~uarrty (DEa) and are. collectively referred in this agreement as -environmental laws. · '.. '5.3 Lessee shall indemnify and defend Lessor from and against any and all Habilities, losses, and costs, Including reasonable attorney fees, which Lessor may Incur because of Lessee's failure to perform an of its obligations under environmental laws, Includihg any fallure to perform during Lessee's previous occupation of the property under leases dating from 1968. ,i' ~~ :;;' - .._';'ilfv 6. Utilities. lessee shall initiate, 'Contract for. and obtain, In its name, all'utility services required on the leased property, including gas, electricity, telephone, water, and sewer connections and services, and Lessee shall pay all charges for those services as they become due. If Lessee fans to pay the charges, Lessor may elect to pay them and the charges will then be added to the rental installment next due. PAGE 2-LEASE (p;pllf'ks\oun-club.lse) Lessee shall be liable for any injury or damages to the equipment or service lines of the utility suppliers that are located on the Je{iSed property. resulting from the negligen~ or deliberate acts of Lessee. or the agents. employees. invitees or guests of lessee. 7. Compliance with.J~w. The Lessee agreesJhat it will at its expense promptly observe and comply with all laws, orders, regulations, rules, ordinances and ~equireplents of Federal, State, County and City governments with respect to the use. care and control of the leased property. 8. Representations. . : ~ :.. 8.1. 'Inspection. Lessee acknowledges that this lease Is accepted and . . executed on the basis of Lessee's own examination and personal knowledge of the . .,:: ,.varue ',and condition of thaJM$ed property; .that ,no .r~presentatlon as to the value, . cOncfIJlor:t.pr repair of the leased property has been made by LesSQr or its agents and .,~~~~tb~ ~see agrees to take the.leased property In the concfation it is in at the time of the execution of this lease. ' 8.2. Prior 'agreements. This lease is the ~ntire, final and complete agreement of the parties and supersedes and replaces an prior and existing written or oral understancrangs except as otherwise continued In effect by the lenns of this agreement 9. ,Improvements, alteraUons, maintenance. 9.1. AlteraUons or Improvements. ,Except for alterations or inprovements to " Increas~ safety on the existing range, Lessee may make no ,alterations or Improvements to the leased property without the prior written consent of Lessor, which consent shaI not be unreasonably withheld. AI alterations, or inprovements that ,~~ee may desire to~e..to the leased property shal be done by Lessee d......,. , expense of Lessee. ,The term "Improvements- means ~ buildings, ~res, or faciDties placed or erected on .the leased property. AI sUch work shall be done ,In a good and workmanRke manner In compDance with an applicable building and zoning laws and ordinanQaS. 9.2., Ownership of Improvements. The parties agree that improvements placed on the leased property l>y lessee shali remain the property of the Lessee and may be ren:-oved bY'the Lessee upon expiration or termination of this lease. All . Improvements on the leased pr~_~whlch remain 30 days aftfjr:tlie expiration or termination of this lease shall. at the option of Lessor. become the property, of the . lessor without adcfrtional compensation to the lessee. free and clear of all' ,such claims of Lessee or anyone claiming, under Lessee and ~ssee shall Indemnify and defend Lessor against allliabUity and loss arising' from 'such cfaims. However, lessor may elect to remove such improvements and charge the expense of such removal to lessee. In the event lessor elects to remove the improvements, Lessor shall make its ,L PAGE 3-LEASE fp:p.\aun-dub.lse) . election within 60 days after expiration or termination of this lease and shall notify Lessee of any such election. 9.3. Maintenance and Repair. Lessee shall be responsible for maintaining and repairing the premises. lessee shall be responsible for lessee's use and its employees', agents', or invitees' l!~e of the premises. Lessee shall, a.t the expiration of .,'. termination of this lease, surrender the premises in as good order and condition as when received, reasonable wear and tear, dainage from the elements, fire, acts of God or other casualty excepted. Lessee shall be responsible and shall pay for aU dainage or ~njury done to the premises by Lessee or any person who may be in or on the premises with the consent of Lessee.. In the even~ lessee or Lessee's representative removes any or all improvements from the leased property upon expiration pr termination of the lease, lessee shall be responsible and shalf pay lessor for arl damages to the leased property. ,.,,,...~.;o,.....,, , '''-~.'''Y,;.,.." 10. IndemlilfJca1Ion. lessee agreeli to defend,lndemnlfy and save LesSor its agents, and employees harmless from any and all losses, claims, actions, costs, expenses, Judgments, subrogations, 9r other damages resurting from injury to any person Qncludinglnjury resulting in death,) or damage (Including loss or destruction) to 'property, of whatsoever nature arising out of or incident to Lessee's use of the leased premises, Lessee.s activities on the premises, or any condition existing on the leased premises Qnoluding but not fimited to the acts of emplOyees, agents. and others designated by Lessee to perform, work or .services attendant to this agreement). Lessee shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, Judgments, or other damages, cfll"eCUy, solely, and proximately caused by the negligence of Lessor. Lessor Shall prompUy notify Lessee of any claim subject to this paragraph and cooperate with Lessee in aU reasonable requests for information necessary to defend any such claim. . 11. Insurance., Lessee shaD, at its own expense, at all times during the t~ of this ,agreement, maintain In force 'a compreh~~eneral fiability poUe)ffnofoding' coverage for contractual nabHity for obrlgatiOti""'assumed under this agreement, blanket contractual6abBity. products and completed operations'and owner's and contractor's protective insurance. The liabBily' under each poncy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000, ~ occurrence for property damage. Uabllity coverage shall be provided on an .occurrence. not -claims- basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Ris~ ~~nager prior to the possession of Lessee of the leased property under this ~~~~' 'agreement. These certificates shall contain provision that coverages afford~ under the policies can not be canceled and restrictive modifications cannot ~e made until at least 30 days.prior written notice has been given to City. A certificate which states merely that the issuing company 'Will endeavor to mail- written notice is, unacceptable. PAGE 4-LEASE fp:parks\guo,c;fub.lscJ . . ~ . 12. Default. The farrowing shall be events of default: 12.1. Ren~ Delinquency. Delinquency in the payment of rent In excess of ten . days beyond the rental due date unless specifically extended in writing by lessor. 12.2. Noncompliance. Failure of Lessee to' comply with. any term or condition or fulfill any obligation of this lease (other than the payment of rent or other charges, within f!1irty days) afterwritten notice by Lessor specifying the nature of the default with reasonable particularity. tf the default is of such a nature that it cannot be completely remedied within the thirty day period, this provision shall be complied with if lessee begins COITection of ' the default within the thirty day.period and thereafter ' prooe,eds. with reaSonable diligence and in good faith to effect the remedy as soon as practicable. " . . 12.3~ Uen~!L.f~re to ~et1)R~ fien or encumbrance...placed upon the leased lands.'.,.- 13. RemedIes. Le$sor shall have the following reme<1les in addition to other equitable or legal rights and remedies in the event Lessee is in default under the terms of this lease agreement: 13.1. Re-enter. Lessor may r&-enter the premIses immediately and remove th9 ' property and personnel of Lessee, store the property In a pubfic warehouse or at a place selected by lessor, at the expense of Lessee. 13.2. Tennlnate. After re-entry Lessor may terminate the lease on gMng written notice of termination to Lessee. Without such notice, re-entry wiD not tenninate . the lease. On tenninatlon Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the premises and the worth ' of the balance of this Ieas8 over the reasonable rental value of the premises for the remainder of the lease tann, which sum shaD be Invnecfaately due Lessor from Lessee. . 14. Taxes, liens. lessee shall pay all taxes or ~esslnents levied upon the leased premises during the loon of the lease. Lessee shall not cause any Dens or encumbrances to be Imposed upon the leased premises and If any lien or encumbrance Is imposed' upon such premises, lessee shall proceed immediately to remove the Den or encumbrance. . P AG E 5-LEASE (p:parks\gun'dub,lseJ 17. Successor interests. All the covenants, agreements, conditions and terms contained ;n this lease shall be binding upon, apply ~nd inure to the benefit of the heirs.. executors, administrators and assigns respectively of the lessor and the Lessee and all of such Covenants shall be cOnstrued as covenants running with the land. This paragraph shall not be' construed as consent by the lessor to the assignment or subletting of the premises. ',~, ,,;.,;oj,; , 1,8. Waiver. Failure of the Lessor to, insist upon the strict performance of the terms, covenants, agreements and conditions in this lease contained, or any of them, shall, not constitut~ or be con~ as a waiver or relinquishment of,the Lessor's right to hereafter enforce any such term, covenant, agreement or condition, but the same shall continue in fulf force and effect. . 19. . En~re Agreem~. This ~ase contains the entire ag~between the pS{li~ ',' ;"~..~xcept as otflerwis&.previded, can be changed, modified, amended;. or .",. .~__,.. terminated only by an instrument in writing executed by the parties. It is mutually . acknowledged and ,agreed by lessee and Lessor that there are no verbal agreements, representations, warranties, or other understandings affecting this lease. lessor: L......... le,ssee: ~CI~A~o~!J; ~f)4 '(.\-iAIR. ASHLI\N\) CO~~\SS\()"N .. "'~~:,.. ..' ;~~~.;;:' :::,,'j.f'~; PAGE 6-LEASE (p:parks\gun-dub;lseJ CITY OF ASHL,AND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Discussion on Ashland Gun Club Lease June 16, 2008 Primary Staff Contact: Don Robertson Parks E-Mail: robertsond(iV.ashland.or.us Administration Secondary Contact: Martha Bennett Martha Bennett Estimated Time: 45 minutes Question: Does the Council wish to extend the lease to the Ashland Gun Club? If the lease is extended, under what conditions and for how long will it last? If it is not extended, how will the property be used? Staff Recommendation: This is a study session item for discussion purpose only. Background: The Ashland Gun Club has been leasing property from the City to use as its gun club facility since at least 1968. The current Ashland Gun Club Lease will expire at the end of June 2009. Members of the club first requested a lease extension in February 2004. On July 20, 2005 the Council and Parks Commission had a joint study session to discuss a possible lease extension. At that time, input was provided by the Ashland Gun Club membership, but community members did not get an opportunity to speak. The specific issues for consideration at that meeting were: . Does the City have an interest in extending the lease for the Ashland Gun Club? . Does the Parks Commission have an interest in continuing the management agreement? At the conclusion of the City Council study session, staff was directed to develop a draft Lease for City Council to consider, which would extend the years of operation by the Ashland Gun Club. Ashland Gun Club members prepared and presented a proposed lease to the City in June of 2007 but review of their draft was put on hold during the time while the City was hiring a City Attorney. Ashland Gun Club members and supporters have sent dozens of letters to the City requesting renewal of the lease. City legal staff developed a draft lease in March of this year. This draft attempted to address the issues raised about the Ashland Gun Club's relationship to their neighbors. This draft was circulated to the Ashland Gun Club and to many of the neighbors of the property. The draft agreement is attached. After they received a copy of the draft lease, several of the neighbors contacted City and Parks and Recreation staff to discuss their concerns, Before raising particular concerns about Ashland Gun Club operations (addressed on page 5), one of the neighbors asked whether the City Council had already decided to extend the lease, These neighbors asked to address the City Council to make their case both about whether a gun club is an appropriate use of this property and about the particular conditions that should be placed on the operation if the City signs a new lease with the Ashland Gun Club, Page I of7 071508 Gun Club Lease.atch4.doc ,., CITY OF ASHLAND Discussion: Should the property be used as a shootine ranee/eun club? The Ashland Gun Club property, along with all other City lands, is being studied for potential other uses as part of the facilities master plan. For the purpose of preparing for this study session, staff considered all of the options that the City Council has for use of this property. In all of the options, we assume that the City will retain some form of ownership (whether it's direct ownership or an easement of some kind) over the portion of the property that contains the Lithia Water wellhead and other related historic structures. Some of the options we considered are: 1. Allow the Ashland Gun Club Lease to expire, retain City ownership of the property, and convert the property to another use, as allowed by County zoning (addressed on page 4). 2. Allow the Ashland Gun Club Lease to expire, retain an easement or ownership of the Lithia Water wellhead, declare the remainder of the property surplus, and sell this remaining portion. As a variation on this option, the City could declare a portion of the property surplus and seek to exchange it for another piece of land, such as Clay Street. 3. Offer a new lease to the Ashland Gun Club which includes terms that limit the liability of the City for potential lead contamination and for all security issues and that address at least some of the "good neighbor" issues. The lease would also allow some limited use of the property for Public Works purposes. 4. The City could declare a portion of the property surplus (again, not the portion with the Lithia Water) and offer to sell it directly to the Ashland Gun Club. The City would address the good neighbor issues through deed restrictions, which could be enforced in court. Staffhas not thoroughly explored this option, so if Council is interested in it, we'd want to do further work. The City does use the property not only for Lithia Water but for disposal of some of the spoils from public works projects and the street sweeper, The sweeper spoils were moved to this property after the City received numerous and repeated complaints from the neighbors of the "B" street yard. What Issues Need to be Addressed if the Ashland Gun Club Lease is Renewed? If the determination is to extend use by the Ashland Gun Club, the following issues will need to be addressed: . Good Neighbor Issues. Many of the concerns raised by the neighbors related to how early and often the Ashland Gun Club is used. Neighbors also are concerned about particular types of noise, such as that from repeating weapons or from weapons that have a great deal of power. o Hours of Operation. Should the use be restricted on weekends? Should there be one weekend day of no use or a later start time on weekend mornings? Should evenings, particularly summer evenings, be more restricted? o Limitations on the types of weapons that are fired (automatic, semi-automatic, and weapons that have a high degree of force and are therefore noisy) o Noticing to neighbors of unusual/special use o Traffic o Security o Use for National Guard Training, . Term of the Lease, A major component of improvements on the site is funding via grants from ODFW, DSL and other entities, most of which require a minimum of 10 year lease. Page 2 of7 071508 Gun Club Lease,atch4.doc ~.l' CITY OF ASHLAND · Environmental clean up issues. One of the key issues for this property will be to ensure that the Ashland Gun Club can comply with the Best Management Practices for Lead at Outdoor Shooting Ranges as defined by the EP A. The City may want to require regular lead removal every three to five years, Federal and state grants are one of the means of obtaining funding for lead abatement. What Issues Need to be Addressed if the Ashland Gun Club Lease is Allowed to Expire? If the determination is not to renew the lease, Council will need to discuss these issues prior to deciding whether to retain the property for an alternative use or to declare the property surplus (and sell or trade it). · Land Use regulations that affect the uses of the property (see page 4 and attachment) · Lithia Water Access and Historic Resource Preservation · Environmental Cleanup Needs and Costs · Public Infrastructure issues, including the condition of the road and the lack of available electric, telecommunications, water and wastewater utilities · Bear Creek Greenway Extension (the original plan calls for the Greenway to link Bear Creek with Emigrant Creek on the north side of the property and eventually link to Emigrant Lake) Facilities Master Plan In January 2008, the City Council initiated a Facilities Master Plan. The Council appointed a Committee to make recommendations for future improvements, uses, and dispositions of all City buildings and properties The Committee has identified the need to combine the city yards, currently located on B Street and 90 North Mountain and East Nevada, and has determined ten acres are needed. The Committee has considered the gun club property as a possible future site for the city yard. Pros: · Land is sufficient in size to meet the needs of City yards and equipment · Reduces conflicts with the existing neighbors of the B Street and North Mountain Neighborhoods. Cons: · Property is outside city limits and outside UGB · Road is sub standard, is failing rapidly and will not support heavy equipment traffic · Property is low lying and parts of it are in the flood plain . No city utilities (water/sewer, electricity) · Several different well heads that produce Lithia water are on the property - if another well is needed city will need the flexibility to drill · Surrounding residential neighbors could be impacted by traffic and noise · Property location poses operational challenges: o Approximately 70 employees would add 7.3 miles to their driving time to work. o Staff estimates additional drive distance (from Hwy 66 to property) would result in approximately 330 additional gallons of fuel per week for city vehicles. Page 3 of7 071508 Gun Club Lease.atch4,doc r., CITY OF ASHLAND o City vehicles represent approximately 1250 round trips per week in and out of current city yard. · Property topography is hilly and not conducive to storage and access needs of a city yard. · Possible environmental concerns regarding installing fuel pumps, storage and equipment. The committee has not yet reached a decision on the best use of this property. Land Use Issues Affectine: the Property Background and Site Characteristics The Ashland Gun Club is part of three city-owned properties (400, 700 & 800) totaling approximately 66-acres. Access to the property is from Emigrant Creek Road, a county road that passes through the northwest comer of the property. The topography of the area is varied, consisting of an expansive, relatively flat area along the property's northerly boundary, with the south and southeast potions of the property having slopes ranging between 10 and 30 perceht. Additionally, Emigrant Creek, and its associated 100-year floodplain, traverses the north easterly comer of the property. Jackson County Zoning Designation The zoning is primarily Open Space Reserve (OSR), which is a Forest Resource Zone. A very small, insignificant comer of the property, lying just south of Emigrant Creek Road, is zoned EFU, Exclusive Farm Use. According to Jackson County Planning Department records, the Ashland Gun Club is a conforming use, permitted under the OSR zoning designation with a valid Jackson County land use approval in place (File 00-35-DAR). The purpose of a Forest Resource (FR) zoning Districts is to conserve forest lands. Various zoning districts, including Open Space Reserve (OSR), are applied to areas identified as forest land by Jackson County's Comprehensive Plan. A variety of permitted uses are ,described under the County's zoning code, including: . Farm and Forest Uses . Natural Resource Uses . Residential Uses . Commercial Uses . Mineral, Aggregate, Oil and Gas Uses . Transportation Uses . Utility/Solid Waste Disposal Facilities . Parks/Public/Quasi-Public Uses . Outdoor Gathering Uses City or public yards are not listed as an allowable use in the OSR Zone, and county planning staff did not feel, at least preliminarily, that it would fit under any of the permitted or conditional uses listed for the property. Additionally, only large-tract residential use is permitted, consisting of a minimum lot size of 160-acres; thus, the gun club property is too small to allow this use. Page 4 of7 071508 Gun Club Lease.atch4.doc r.l' CITY OF ASHLAND On-site Contamination Staff from the Department of Environmental Quality (DEQ) indicated that shooting ranges are required to go through an environmental assessment process for almost any change in use. Any activity that would involve grading or removal of soil also requires an assessment. There are'various clean-up options that can come out of the assessment process and some similar gun club sites are currently undergoing cleanup at this time, Draft Lease: Staff has prepared a draft lease for council review and consideration. The draft lease agreement is an attempt to incorporate feedback from a number of meetings and conversations with gun club members and neighboring property owners, The provisions of the draft lease can be changed to address additional concerns. The draft was reviewed by two neighbors who met with staff to share their concerns. It should in no way be construed that the opinions of the two neighbors is representative of the entire neighborhood. Nor should this list be considered the definitive list of concerns of other neighbors. However they do present a thoughtful list of concerns that are believed to be shared by many of the neighbors. The concerns from the two neighbors that provided comments after the draft lease was completed include: 1. Grants should not dictate City Policy: This is in reference to the need to extend the lease beyond 10 years. . Response: There are federal and state grants for a number of activities. For example, the FAA awards grants for airport development, the Oregon State Marine Board provides funding for docks on public property, and the Oregon Department of Transportation supplies monies for transportation improvements. The terms associated with grant monies must be considered in all of these situations if the City wishes to receive the funding. Grant money is available for lead abatement, but the terms require a ten-year lease. It is in the City's best interest to take steps to make sure that lead abatement continues on the property, and grant funding is one means of ensuring that the City will not have to finance a clean-up in the future. 2. Automatic weapons/semi-automatic weapons - should they be there? . Response: Section 4.2(3) of the draft lease agreement prohibits the use of automatic weapons and weapons that exceed 6000 foot-pounds of muzzle energy. 3. National Guard or Paramilitary organizations (except APD) - should they be there? . Response: The National Guard utilizes the Gun Club facility for training approximately 4 times a year during normal facility hours. Generally the National Guard's use of the facilities consists of individual soldiers in the community using the facility to meet requirements. Section 4,2(1)(a) of the draft lease agreement allows use by law enforcement agencies and military units outside of the normal hours of operation by giving notice to nearby property owners at least two weeks in advance. It is the police force that may be utilizing this night time exception for special training. 4. How do we determine true noise context and restrict decibels? . Response: Section 4,2(3) of the draft lease agreement, which prohibits automatic weapons and weapons with a muzzle energy that exceeds 6,000 foot-pounds, is a means of restricting noise. The muzzle energy of the weapon is what determines how loud the weapon is when it is fired, 5. Reasonable hours - 10 am - 6 pm, closed either Saturday or Sunday, restrictions on Holidays Page 5 of7 071508 Gun Club Lease.atch4.doc 'it' CITY OF ASHLAND . Response: Section 4.2(1) of the draft lease agreement restricts the hours of operation during the week from 8AM to sunset, and on the weekends from 9 AM to sunset. These hours were a compromise that came out of a number of discussions with the gun club and the neighbors since 2005. The ORS would allow shooting from 7AM to 10PM or any shooting conducted for law enforcement training purposes. ORS 467.131(3). Thus, the proposed hours are more restrictive than what Oregon law allows. 6. Paper Targets only, no metal targets . Response: The draft lease agreement does not currently address the types of targets that can be used, but the lease can be modified to restrict the use of metal targets. Currently the gun club requires the use of official paper or metal targets only. 7. No overnight or only once per year . Response: Section 4.2(4) of the draft lease agreement limits overnight events to one per calendar year; however, during the event the shooting range hours must be strictly complied with. 8. Require permission from City Council for any improvements . Response: Section 6.1 of the draft lease agreement requires the Gun Club to obtain the City's written consent before making any alterations or improvements. In addition, the Gun Club must comply with all laws, including zoning regulations, and building codes. 9. Financial Responsibility for hazards materials retroactive to current activities . Response: Section 4.3 of the draft lease agreement requires the Gun Club to comply with all Environmental Laws and specifically with the Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges. Section 4.4 states that the Gun Club shall comply with all federal, state, and local laws at its own cost and expense. 10. Comply with DEQ noise regulations . Response: Oregon law exempts shooting ranges from civil liability for noise pollutions between the hours of 7 AM and lOAM, or during law enforcement training; thus, the Gun Club is not subject to any noise restrictions. ORS 467.131. In addition, the Oregon legislature has pre-empted the City's ability to regulate the Gun Club property and declare shooting activities as a nuisance or a trespass. ORS 467.136, 11. Insurance coverage is too low . Response: Section 7.1 of the draft lease agreement requires the Gun Club to maintain a comprehensive commercial general liability policy of $1,000,0000. The City's general policy is to require $1,000,000 worth of insurance; however, the Gun Club currently has $2,000,000 in coverage. The lease could be modified to require more insurance. 12. Indemnification (who is the Gun Club organization? Bond?) . Response: Section 7.2 of the lease requires the Gun Club to indemnify the City to the fullest extent permitted by law, including reasonable attorneys' fees, investigation costs, and all other costs and expenses. 13. Default - who is responsible . Response: Section 11.1 of the draft lease agreement states that a default in any of the lease covenants must be remedied by the Gun Club. If the default is not remedied (generally within a 20 day period) the lease may be terminated and the City may collect damages. Page 6 of7 071508 Gun Club Lease.atch4.doc r., CITY OF ASHLAND 14, Lease rate . Response: Article 3 of the draft lease agreement addresses the lease rate, The Gun Club is required to pay all taxes and insurance costs and provide at least three community events during each calendar year. Related City Policies: None Council Options: Provide direction to staff. No decision is needed at this time. Potential Motions: None Attachments: . Draft Agreement . Property Maps . Jackson County Land Use Code Chapter 4.3 . Lithia Springs Property Historic Significance The Council packet and minutes of the July 20,2005 meeting are available on-line. Hard copies can be made available on request. Page 7 of7 071508 Gun Club Lease,atch4,doc ~A' , Leon Pyle and Cathy DeForest Ashland, Oregon 541 488-4699 July 2, 2008 Ashland Mayor, City Councilors, City Manager City of Ashland 20 East Main Street Ashland, Oregon 97520 Re: Proposed Renewa~ of the Ashland Gun Club's Lease Dear Mayor Morrison, Councilors, and City Manager: On June 16, 2008, Ashland Parks Department Director Don Robertson presented to the Council a staff report on the status of the Ashland Gun Club lease. In his report, Mr, Robertson addressed many issues, both pro and con, that need to be investigated and evaluated as the City of Ashland considers the Gun Club's requested lease renewal. Mr. Robertson raised questions of safety, City liability, environmental concerns, fiscal concerns related to the annual lease rate, other possible uses of the property, nuisance concerns of homeowners who live in the area of the Gun Club site, and other issues. To the dismay of those of us in the audience who expected the City to discuss and investigate the many issues raised in Mr. Robertson's staff report and by some members of the audience, the Mayor and a majority of the Councilors expressed their opinion that the Gun Club lease should be renewed, with the inclusion of a few mitigation factors designed to improve relations with nearby landowners. The polling of the Council members was not intended to be a binding action of the Council, but rather an informal polling of the opinion of individual councilors. In this letter we, the undersigned, will address what we believe to be the obligations of the City related to investigations that need to be undertaken prior to considering the Gun Club's requested lease renewal. Environmental Concerns It is a well-known fact that lead is an extremely toxic substance and even the smallest quantities are dangerous to wildlife and humans alike. Dr. Corrine Rooney in her report (attachment number 1) on Contamination at Shooting Ranges, a report that resulted from the investigation of shooting ranges in several countries, including the US, reports that lead from shotgun pellets and from rifle bullets remain toxic "for over 10,000 years in temperate climates," such as ours. If there is any doubt as to the level of lead toxicity resulting from shooting range activity, consider the following: One of the criteria used by California in defming a "hazardous waste site" is 1,000 milligrams of lead per kilogram of soil (1000mg/kg). The 2004 investigation into the Santa Cruz, CA Charles Darby Small Bore Range site indicated a toxicity level ranging from 1,800 to 18,000 mg of lead per kg of soil. ( See attached report number 5) Both City officials and Gun Club representatives have tried to assure us that the soil conditions at the Ashland Gun Club site are somehow unique, and that we need not worry about lead contamination, Instead of speculating, the City is urged to conduct a scientific investigation of the site conditions to pg.20f6 determine what is in fact true. Before considering a lease renewal, we respectfully request that the City officials, who have been elected by the residents of Ashland to be stewards of the City's assets, conduct a thorough investigation to determine the level of lead, arsenic, and other contaminates at the Gun Club site. We also wish to determine what, if any, effect the activities of the Gun Club have on wildlife in the area, on Emigrant Creek, on the historic Lithia Springs, and the potential effect on future generations of humans beings. Additionally, there is evidence that Native. Americans camped near the Lithia Springs site, believing the waters to be of medicinal value, before the arrival of White settlers around 1850, Agnes Baker Pilgrim, or someone of her stature in the Native American community, needs to be consulted to decide if an archeological study should be undertaken in order to determine if important Native American relics are located on the site. While cities and counties across the country are rapidly moving to reduce the toxic effects of lead to humans, to wildlife, and to the environment in general, we believe that it would be irresponsible governance for the City of Ashland to consider renewing the Gun Club's lease before a thorough investigation into the environmental and fiscal costs of such a decision can be conducted. Fiscal Responsibility The City has leased a large portion of a prime asset, its 66-acre site located on Emigrant Creek Road, to the Gun Club for over 40 years at no charge. It is difficult to imagine safe public uses for the remainder of the 66-acre site as long as the Gun Club is in operation, so it is reasonable to say that the Gun Club dictates the use of the entire 66 acres. While it has been stated by a Gun Club representative that the Gun Club pays county property taxes of approximately $2,100 per year, if the city used the property for its own purposes, the property would be exempt from county taxes; therefore the net benefit to the City of the Gun Club paying taxes is zero. This statement is believed to be true, but needs to be verified by legal council. The City is now considering renewing the Gun Club's lease under the same no-cost terms for another 10, 20 or 30 years. A no-cost lease of a large parcel of City owned property to a special interest group is difficult to understand, when, at the same time, the City is desperately searching for funding to meet normal obligations, to create much needed housing opportunities for lower income residents, and to meet many other obligations to its City residents. To make this no-cost lease even more egregious, it is believed that a majority of the Gun Club's members live in the county and do not even pay Ashland City taxes. This supposition needs be verified by a review of the Gun Club's membership role. In addition, it is the understanding of the signatories to this letter that a Gun. Club Representative stated at the June 2008 Council Study Session that the Gun Club charges the City of Ashland's Police Department $1200 per year to use the facility for occasional shooting practice and for the mandatory gun qualifications of its personnel. 1bis information needs to be verified, and, if found to be true, needs to be made known to the residents of Ashland to allow them to give input to City officials on their thoughts 'about such an arrangement. Estimated Costs of Gun Club Site Clean-Up in Other Cities The following information needs to be considered prior to any consideration of renewing the Gun Club's pg.3of6 lease. 1. Elk Rapids, Michigan Gun Club site clean-up'costs estimated at $200,000. See attached report number 2, 2. Albuquerque, New Mexico shooting range clean-up costs are estimated to be $627,731. See attached report number 3. 3. Pacifica, CA 6-acre former gun club site estimated clean-up costs range from $750,000 to safely store the contaminated soil on site to $4,500,000 for complete removal of the contaminated soil. See attached report number 4. 4. Santa Cruz City Council Agenda Report reveals that clean-up of the Charles Darby Small Bore Range will cost the CitY an estimated $360,000 - $450,000. See attached report number 5. 5. Cincinnati is expected to spend $200,000-$500,000 to clean up a school site peppered with shotgun pellets from a nearby shooting range. (We are not suggesting that the Gun Club's activities are damaging off site parcels of land, but are simply pointing out the expense associated with shooting range clean-up). See attached report number 6. While reports such as these are in plain view of anyone with a desire to research the topic on the Internet, it is our understanding that the City of Ashland has not once in over forty years of the Gun Club's activities made any effort to monitor the effects of lead or other contaminates on this prime City owned land. If the City ignores its responsibility and renews the Gun Club's lease without investigating these important environmental issues, the problems will not go away. The problems will simply be passed on to the next generation to resolve at an even higher cost. Although there are many important concerns that should delay consideration of a new Gun Club lease, if a new lease were eventually granted by the City to the Gun Club, the new proposed draft lease does not go far enough toward addressing contamination issues. The draft lease requires that the Gun Club comply with the EPA's best management practices, but it does not require the Gun Club to test regularly, or to report test results to the City. Furthermore, the draft lease requires the Gun Club to "remove all lead," an extremely expensive undertaking due in part to the scatter area of shotgun pellets. Although the City should hold the Gun Club responsible for site clean-up to the extend allowed by the existing lease agreement, it is unlikely that the Gun Club can or would be able in the future to afford' such a costly undertaking. The new draft lease also gives the City no fmancial assurances that the Gun Club can undertake the measures required for lead removal (the lease does not even mention other contaminates associated with shooting range activities). It is not until 2019 that the City could, but is not required to, have the Gun Club post a financial assurance (bond) for clean-up. Furthermore, has the City ever attempted to ascertain that the Gun Club could obtain a bond guaranteeing clean-up of the site? Lastly, without an investigation as to the amount of contamination that has occurred during the past 40 plus years, and ,estimates of contamination that would occur during the next 10 years, there is no way to determine what the clean-up costs would be, and hence, what the appropriate dollar amount of a clean-up bond should be. Additionally, the proposed lease does not specify what standard of clean-up might be required, and how other contaminants would be handled. The, cost of shooting range clean-up is drastically different if the contaminants are simply buried on the property, versus complete removal, as should be required. If the site were cleaned up, and if it were found that the deposit of lead on the property is the only pg. 40f6 significant barrier to the continuation of the Gun Club, it would be possible for the Gun Club to continue using the site by switching to non-lead based ammunition. There are precedents for this, and examples of this policy for existing shooting ranges. The undersigned are not "anti-gun," However, we cannot ignore what we know to be a fact, that lead is incredibly toxic and must be a controlled substance. Th~ City of Ashland needs to meet its obligations as stewards of the land it owns, and its obligations to prot~ct the environment for present and future generations to enjoy. The tax paying citizens of Ashland also have every right to expect that its elected officials act fiscally responsibly. While the City has been leasing a controlling portion of 66-acres of property at no cost to a special interest group, the City is at the same time strapped for revenue, reportedly cutting back on employee benefits to save money, struggling to find the money to support low income housing that the City desperately needs, and dealing with many other issues. Such a no-cost lease to the Gun Club is not, in our opinion, fiscally responsible. ' It is hoped that our elected City officials will make the commitment to carry out an investigation of the effects of the Gun Club's activity on the envirorunent, including the wetlands, the fish, the wildlife in the area, and on human beings who might occupy the area in the future, in order to determine if a Gun Club shooting range is the appropriate use of the property. However, if for some reason City officials believe that the City cannot conduct the investigation on its own, the undersigned suggest a partnership effort as follows: }, That the City, in partnership with the undersigned, locate one or more envirorunentally aware non-profit organizations acceptable to both parties, who will in-turn hire individuals and lor organizations qualified to conduct a thorough investigation into the environmental issues mentioned in this letter and other issues as they become known during the study. 2. That the City and the undersigned consult with City officials of other municipalities that have previously undertaken a similar envirorunental study and shooting range clean-up effort in order to learn from their experience, get their help in locating the experts needed to conduct the study, and obtain their input related to costs of both the preliminary study and the clean-up effort. 3. That the City enter into a I-year lease extension of the Gun Club's lease, during which time the site investigation will be conducted, with'the condition that the Gun Club members utilize only ammunition that contains no lead. ' 4. During the extended lease period, the City of Ashland Police Department would be allowed to utilize the Gun Club site for its required needs at no cost to the Department. 5. During the lease extension period, the Gun Club would not be utilized by groups other than Gun Club Members and the Ashland Police Department. 6. The Gun Club would be asked to establish non-gun-use days, as requested by the appointed site investigators, in order that the scientists and other consultants could safely do their work. 7. Prior to the beginning of this I-year lease extension, the Gun Club wOl:lld be required to continue and finalize the mitigation factors related to days and hours of operation, noise levels, and the like. If an agreement between the parties can not be reached, the final decision would be made by an independent mediator selected by the City. 8. The Gun Club would be asked to pay a reasonable fee to the City for use of the land during the pg, 5 of6 1- year lease extension period. The City would determine the fee, but this agreement would require that the City earn some level of income as a result of the lease extension agreement. 9. During the extended lease period, the City Planning Department would undertake an internal study to determine the highest and best use of the entire 66-acre parcel. A continuation of the Gun Club activities on a portion of the land would be considered, so long as non-lead ammunition was a condition of use, and if the ammunition to be used were determined to be a non-pollutant. Other possibilities would be to sell. the land, to trade the land for a parcel in town for the use of low income housing, etc. If the land were sold to a third party, deed restrictions would be placed on the property in order to insure a use of the property reasonable to the surrounding land owners. If it were determined to be in the best fiscal interests of the City; i.e. would make the property more valuable upon a sale, a request to the County to rezone the property to EFU, which would be in keeping with the zoning of the surrounding properties, would also be considered. The City's needed water rights, Lithia Springs, and the historic value of the property would have to be protected in the event of a sale to another party, 10. If the above basic conditions, including the selection of an ot'erseeing non-profit and its in-turn selected expert consultants were agreed upon by both parties, the undersigned would donate up to $25,000 to the overseeing non-profit organization to cover the costs of the investigation into the environmental concerns raised in this letter. If the parties to the agreement determine in our discussion with other municipalities, as outlined in paragraph 2 above, that the cost of such an investigation is likely to exceed $25,000, the contribution of the undersigned is negotiable. 11. In the event that the investigation into the fiscal and environmental questions raised herein result in the Gun Club being required for any reason to move its operation to another site, if the Gun Club would agree to use non lead ammunition at its new location, the undersigned would donate $10,000 to the Gun Club to assist in its move. This offer is conditioned upon the assumption that the Gun Club is able to provide evidence that the Club is organized as a legal and proper not-for-profit organization to whom donations are fully tax deductible to the donor. 12. The monetary offers described in paragraphs 10 and 11, above, are being made by the undersigned only, and should in no way be construed as creating an obligation on the part of the concerned citizens who have agreed to support the efforts of the informally organized Citizens for Fiscal and Environmental Responsibility. The City does not need to rush into a new agreement with the Gun Club. Furthermore, we are confident , that when the residents of Ashland are presented with the all of the information, they will voice their expectations for responsible fiscal and environmental action on the part of their City government. We respectfully ask the City to conduct a full investigation into the issues raised by your own staff , report, by concerned citizens, and by this letter. Lastly, if you are unwilling or unable to conduct such an investigation alone, we ask that you create a partnership with the undersigned as generally outlined above, in order to conduct the necessary investigation on behalf of all Ashland citizens. Sincerely, cy~~ Leon Pyle t rtI/~ lj ffi4 I- Cathy DeForest pg. 60f6 Attachment No.1: Contamination at Shooting Ranges Attachment No.2: Clean-up, Costs skyrocket at former gun club (Elks Rapid, MI) Attachment No.3. Southeastern Region, USDA Forest Service (Albuquerque, NM) Attachment No.4: Pacifica disputes plans for rifle range cleanup (Pacifica, CA) Attachment No.5: City Council Agenda Report (Santa Cruz, CA) Attachment No.6: School lead cleanup may cost $500,000 (Cincinnati, OH) -L- Contamination at Shooting Ranges Dr Corinne Rooney Soil, Plant and Ecological Sciences Division, Lincoln University, Canterbury, New Zealand · Lead is deposited at shooting ranges as spent lead shot (pellets) at clay target shooting ranges, and'spent lead bullets in soil berms at rifle/pistol shooting ranges. The lead is not insoluble in the soil environment, but is readily released in a soluble form. Soil lead concentrations > 1 0,000 mg Pb kg'1 soil are commonly reported at shooting ranges around the world, including in New Zealand, USA, England, Germany and Scandanavia. For lead, the ANZECC guideline limit for further investigation is 300 mg kg-1. It is the norm, rather than the exception, that shooting ranges are contaminated with lead. THE PROBLEM WITH LEAD Lead has a range of health effects in humans: · Damage to the brain and nervous system · Behavioural problems and learning disabilities · Reproductive problems · Memory and concentration problems · Muscle and joint pain DISTRIBUTION OF LEAD AT CLAY TARGET RANGES Lead shot can easily be distinguished on the soil surface at clay target shooting ranges, particularly where soil is not ploughed. The shot-fall area commonly consists of a number of hectares, and extends over 200 m from the traps. There is a common pattern of lead shot distribution and associated lead concentrations in the soil at these ranges. MAGNITUDE OF LEAD INPUT · Annual lead shot deposition at clay target ranges can be expected to be in the range 0.5-10 tonnes/year, depending on level of use. · In the UK, annual inputs of lead onto agricultural land from lead shot far outweigh more recognised sources oflead contamination, such as atmospheric deposition, and biosolid application. A similar ~tnl~t1"n t~ pvnpr.....r1 tn A ,,~~1~~.j., IMPACT OF LEAD DEPOSITION: WETLAND VS. DRYLAND The deposition of lead shot onto dryland shooting ranges has very different chemistry, and therefore different effects: Wetland environments: · Predominantly an anaerobic environment · Little or no corrosion of pellets ~ a result . Minor sediment contamination · Visual effects: waterfowl toxicosis Dryland environments: . Aerobic environment · Corrosive environment for pellets as a result . High to extreme soil contamination · No obvious visual effects EFFECT OF LEAD AMMUNITION ON THE SOIL SYSTEM The soil environment is significantly altered by presence of lead ammunition: Uncontaminated soiL' . Soil {soaks up' lead; · Very low concentrations of lead ill the soil solution as a result; · Little potential for lead leaching. Contaminated shooting range soil: · Too much lead for the soil to soak up; · Much higher concentrations of lead in the soil solution as a result; · Chronic leaching of lead from the topsoil ~ely to occur. COMPARISON WITH OTHER CONTAMINATION SOURCES Soil lead concentration (mg kg-I) ,0 10 100 1000 10,000 10000lt. Uncontaminated soil ~ CO)> General urban E,z Q.N contamination .---. !!om 5'0 (1)0 Automotive lead (major roads) .-: ) Lead paint .-: ) (adjacent to houses) Mining and t ) smelting Shooting ranges ( ) (lead in soil only) Shooting ranges (soil-lead + lead shot) ( -. LEAD SHOT CORROSION When lead ammunition con tacts with soil, it corrodes, similar to a car rusting. The lead oxidises to form corrosion products, precipitate onto soil particles and as a layer around the pellets. The corrosion products are able to dissolve into the soil water (soil solution), and the soil soaks up (fiXes) some of the lead. The corrosion process is effectively dissolving the pellets into the soil. · How long does each pellet take to dissolve? Over 10,000 years in temperate climates; estimated >1000 years (at least) in tropical climates. ...",!Yj"~ ~.." .~' '-".' ." ,::. ' New lead pellet Corroded lead pellet The corrosion products consist largely of lead- carbonates, -sulphates, and -oxides. While lead- carbonate is insoluble in pure water, it is relatively soluble in the soil environment, and therefore lead readily dissolves into the soil water (soil solution) at shooting ranges. New lead pellets consist of over 900/0 lead, 1-70/0 antimony, <20/0 arsenic and <0.50/0 nickel. The corrosion process will also release these other undesirable metals and metalloids into the soil environment. FORMS OF LEAD IN THE SOIL Most of the lead at shooting ranges is still present as intact.lead shot: 1 2 Intact lead shot Lead in corrosion products around lead shot Lead in corrosion products in soil, and fixed by soil Approximate proportion CO/o) of total lead at a range 90 5 3 5 · The corrosion products on the lead shot (2) are highly soluble. · A large proportion (30- 500/0) 0 f the lead associated with the soil (3) is also highly soluble. For comparison, <5010 of lead is soluble in uncontaminated soils. · The corrosion products represent a large reservoir of highly soluble lead. · The intact lead shot that is yet to corrode represents an even larger reservoir of lead yet to corrode. LEACHING OF LEAD AT RANGES · At present, there will be movement of lead from the topsoil in water draining through the soil at clay target shooting sites. · Subsoil may provide some degree of retardation of lead movement. · There is potential for lead to enter groundwater; free-draining soils above shallow, unconfmed aquifers present the greatest risk. · While substantial concentrations of lead can be le~ched, the annual amount leached is a very small proportion (<0.1 0/0) of the total lead burden, due to the large amount of lead at ranges. · There is potential for arsenic and antimony to be leached, although this bas yet to be quantified. OTHER RISKS OF LEAD CONTAMINATION AT SHOOTIN(J RANGES Where shot-fall areas are used for agricultural production, lead will be readily taken up by the pasture or crops. · Grazing animals will also ingest lead shot from the soil surface on a daily basis, particularly where the pasture is grazed closely. Animal deaths have occurred (internationally), · Root crops are especially at risk from great amounts of lead uptake from the soil · It is advised that any crops, particularly root crops, intended for human consumption be tested for lead concentrations. · Silage made from grasses and maize growing in ~hot-fall areas, and containing lead pellets, has led to animal deaths after feeding out. CAN THE CONTAMINATION AND LEACHING BE REDUCED? Yes, but there is no easy, cheap answer, Recent research has led to significant progress in understanding the behaviour of lead at ranges. Much of the range management information contained in US Best Management Practices manuals is now incorrect. The following management methods are considered the most sound. 1, Eliminate soil contamination at new ranges: · This can only be achieved if contact between ammunition and soil is eliminated, as this begins the chain reaction of corrosion and transfer into the soil. · For example: a concrete pad or geotextile covering the entire shot-fall area, and a drainage collection system · While expensive, such measures will be far cheaper than dealing with the soil contamination if soil is exposed to lead shot · Control measures for berms at static target ranges are more developed, particularly in the US, and include bullet traps to collect the ammunition. 2. Control the amount of lead leaching: · There is a promising technique for reducing the solubility of the lead in the soil, and therefore reducing the leaching, but it may not be suitable for use at all sites. · Lead leaching is not eliminated, but it may serve as an interim control strategy. · The technique is unlikely to control arsenic and antimony leaching. 3. Remove the lead shot: · The process of mechanically separating lead shot from soil results in the highly soluble corrosion products being returned to the range with the soil. · Lead shot removal will only be successful if the soil is also chemically washed before return to the range, and if further contact betw'een lead shot and soil does not occur. Do SHOOTERS HAVE TO USE LEAD? No, but current 'non-toxic' alternatives are also likely to cause contamination, and further investigation is required. · Steel shot: Iron corrodes about 5 times faster than lead, and the ammunition contains substantial heavy metal impurities, including chromium and copper, ~at have the potential to be released by corrosion.' · Frangible ammunition: Newly introduced in the US, but appears to contain compressed, powdered metals which are likely to undergo the same corrosion and release process as lead shot. For further information see contact details on page 1, Clean-~lp costs skyrocket at former gun club http://www.record-eagle.com/local/locaLstory _080094119,html/reso... L. --- ~ Clean-up costs skyrocket at former gun club By VICTOR SKINNER vskin ner@record-eagle.com March 21, 2008 04:00 am ELK RAPIDS -- Plans to turn the former Elk Rapids Sportsman's Club into a public park will more than double restoration costs at the lead-laden property, local officials believe. Elk Rapids Township expects to pay about $200,000 from its general fund to a downstate company that will sift lead bullets from soil at the 11-acre parcel along U.S. 31 north of Elk Rapids, Supervisor Bill White said. The township initially proposed an $80,000 plan to push contaminated soil into a dirt-capped mound, but revised the plan based on recommendations from state agencies last fall, White said, "Right now, we are getting prepared to start getting the lead out of the ground to recycle it or reclaim it and start building the park," White said, adding that the township is awaiting a formal agreement with Lead Recovery Systems LLC, of Brooklyn. . Cleanup efforts and park construction are the result of a lengthy legal battle between the township and the heirs of Mina Wilcox, who argued that Wilcox donated the property in 1948 to be used as a park, not a gun club. The township spent more than $70,000 in legal fees while fighting the Wilcox heirs, but a judge ruled in favor of the family, In 2006 the gun club was evicted from the property after more than 50 years at the site. Dirt sifted at the site will be contained in a mound wrapped with impermeable material, then covered with fresh soil and fenced on the property. The state's Department of Environmental Quality and Department of Community Health developed recommendations for the property, and a public comment period on those suggestions was extended until June to accompany seasonal residents. "For the most part the predominant issue ... is the lead in the soil," said Elaine Pelc, a DEQ environmental analyst. "Based on limited investigation, it doesn't look like the groundwater is contaminated with lead," 1 of 2 6/28/08 12:30 PM , Clean-~p costs skyrocket at former gun club http://www.record-eagle.comllocal/local_stoI)._080094119 .html/reso". The federal Environmental Protection Agency recently requested property records and "within the next month or so we will probably have someone take a look at the site," said section chief Mark Durno. "Our mission is to take care of the immediate threats" and determine if additional assessments or monitoring is necessary, he said. Karen L. Ferguson, a Traverse City attorney representing the Wilcox heirs, believes the township's "plans are getting closer to what the heirs had hoped for," White said the $200,000 estimate "doesn't include actually building shuffleboard courts, horseshoe pits and things like that, but everything would be ready for it." Public Comment The Michigan Department of Community Health extended the public comment period on lead contamination at the former Elk Rapids Sportsman's Club site to June 27, The department encourages residents to first review a public health consultation report for the site. The documents are available at Elk Rapids Township Offices, 315 Bridge Street. Information and comments should be addressed to: Dr. Linda D, Dykema Michigan Department of Community Health 'Division of Environmental Health 201 Townsend Street P,Q. Box 30195 Lansing, MI. 48909 Copyright @ 1999-2008 cnhi, inc. 2 of 2 6/28/08 12:30 PM Southwestern Region - USDA Forest Service - News... http://www.fs.fed.us/r3/news/releases/2000/0803-sh... ~ ~ Southwestern Region Newsroom NEWS RELEASES: 2000 2003 I 2002 I 2001 I 2000 USDA Forest Service Southwestern Region REGIONAL FORESTER DIRECTS CLEANUP OF SHOOTING RANGE ALBUQUERQUE, August 3, 2000-- Hazardous substances that have accumulated for nearly 50 years at the Sabino Canyon shooting range on the Coronado National Forest will be cleaned up, according to a decision made last week by Regional Forester Eleanor S. Towns, "I have selected the State of Arizona's nonresidential level cleanup standard for the entire site," said Towns. "The cleanup standard was paired with a removal action that best meets the needs of the public and the environment, is technically feasible, and reasonably provides for the continued use of this site as a shooting range," The United States government can order cleanup of hazardous sites under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Under CERCLA, the Forest Service exercised its authority to contract for an assessment to determine if sufficient environmental hazards were present to warrant further investigation. Soil and sediment samples taken from the shooting range were found to exceed Arizona nonresidential health based guidance levels for lead, arsenic, antimony and polynuclear aromatic hydrocarbons. Although human exposure was not suspected at the time of the assessment, the report concluded that threats to the environment did exist. Although contaminants are being carried off-site by surface water during stonn events, contamination of ground water was not indicated. The major contaminant, lead, is concentrated mainly along the firing line and impact berms at the shooting range. The assessment found multiple "hot spots" ranging from 14,000 to 80,000 parts per million of lead in the soil. The site will be cleaned to meet state standards of 2000 parts per million, a level of cleanup compatible with the future use of the Sabino Canyon site as a shooting range, In the event that the site would no longer be used as a shooting range, the Regional Forester would determine at that time whether additional cleanup actions would be necessary. Cleanup operations will include excavation of clay pigeon debris; vacuuming of lead shot; hand removal of projectiles; and removal of contaminated vegetation, Removal of contaminants will avoid damaging site vegetation and historical artifacts to the greatest extent possible, Estimated cost of the cleanup is $626,731 and is expected to take about four months. - END -- 1 of 1 6/28/08 12:34 PM Oakland Tribune: Pacifica disputes plans for rifle rang.., http://findarticles.com/p/articles/mLqn4176/is_2007... FOI.l.IEIUO E:Y m,ET.oom if - Find.Articles > Oakhmd Tribune> Aug 4, 2007 > Article> Print frie~dly Pacifica disputes plans for rifle range cleanup Pacifica officials Julia Scott PACIFICA THE SHARP PARK RIFLE RANGE has been closed for 19 years, but people still are worried about what lies beneath the soil. 'The range, owned and maintained by the city and county of San Francisco, has been uppermost in Pacifica officials' minds since 1990, when testing revealed dangerously high levels oflead and other heavy metals scattered throughout the 6-acre site. Although the range was closed in 1988, nothing has been done to eliminate the legacy of thousands of rounds oflead bullets fired after it opened in 1952. Bullets and spent casings litter the weed-strewn ground in some places at the former rifle range, which sits in an isolated . pocket of Pacifica's recreational district. The rest of the munitions has been absorbed into the soil over time, creating deposits oflead, antimony, arsenic and other dangerous heavy metals at levels high enough to prompt San Francisco to erect a fence around the site, That fence may come down later this year, as San Francisco's Recreation and Parks Department and the Department of Toxic Substances Control near consensus on a final plan to "clean" the site: bygathering the contaminated soil, bullets and all, and consolidating it into a hillside at the corner of the property. San Mateo County has been pushing to have the range cleaned up since 1993, and the work would have begun much sooner if county officials had agreed on a solution with their San Francisco counterparts, who will pay for the project. The county and Pacifica's City Council want the contamination removed completely but lack any legal authority over, the project. "This isn't a cleanup, this is burying waste," said Dean Peterson, head of the county's Environmental Health Services Division. He and Pacifica City Councilman Jim Vreeland were part of a thin crowd that attended a public hearing on the rifle range plan last Tuesday, one week before the end of the public comment period on July 31. Peterson and Vreeland took the opportunity to describe what troubled them about the proposed excavate-and-consolidate plan, which has been selected as the most likely fate for the property. Under the plan, which the DTSC hopes to finalize in the next two weeks after taking public comments into account, between 12,000 and 16,000 tons of contaminated soil win be excavated from all portions of the 6-acre site and consolidated into the side of an existing bill on the northern boundary. Two feet of clean soil will be brought in and compacted down around the leaden soil, and then planted with native grasses before being fenced off for good. Workers from San Francisco would inspect the site once a year, The plan would leave two-thirds of the site contamination-free, and the city of Pacifica hopes San Francisco will one day transform the area into a soccer field, baseball diamond, putting range or some other community use. 1 of 4 6/28/08 12:37 PM 'Oakland Tribune: Pacifica disputes plans for rifle rang... http://findarticles.com/p/articles/mLqn4176/is_2007 ... The site is zoned for recreational purposes only, so houses can never be built there. Despite assurances from the DTSC that the capped contamination area will be built'to last a lifetime and poses no risk to children someday playing in the area, Vreelend implored agency officials to reconsider their plan, "We see it as a field of dreams. We don't think it should be stuffed up against the hillside, capped and contained," said Vreeland. He might also have expressed concerns about the safety of the site as it stands now. A visit to the fonner rifle range with a photographer on Thursday found the gate to the main access road unlocked and standing open. No warning signs were posted to tell passersby to keep their distance. The Department of Toxic Substances Control has already revised its work plan once, based on pointed concerns enumerated by the county's environmental division, adding concessions such as additional groundwater testing to see whether the pollution could spread in a way that would keep it from being allowed to remain onsite. The basic strategy, however, has remained the same. Department officials will release a "response to'comments" letter addressing the issues raised at last week's meeting by mid-August. If the department rules out any major changes, work could begin in late August and wrap up in October, before the rainy season begins. Cost-effective cleanup The contamination level is not a subject of dispute. Lead concentrations in some parts of the surface soil reach 194,000 mg/kg, while the legal screening limit is 150 mg/kg, according to the state Office of Environmental Health Hazard Assessment. "It's about 1,000 percent what we consider to be acceptable for unrestricted use, n said Karen Toth, project supervisor with, the Department of Toxic Substances Control. The site cleanup plan will attend to the lead at the same time as the antimony, arsenic, and other metals present in the soil, since many of them bind together, she said. Toth is confident that after the soil is consolidated, the remainder of the site will be completely safe for humans and the environment. Removing the contaminated soil is not a question of difficulty, but of cost. The consultant's report commissioned by San Francisco estimates that it would cost anywhere between $2,5 million and $4,5 million to completely excavate and remove all the dangerous materials. Capping the soil in a corner, however, would only cost $700,000 to $850,000. "What we know up front is this is going to be a costly endeavor. It's tough for the city to fund any of its projects," said Rose Marie Dennis, a spokeswoman for the San Francisco Parks and Recreation Division. At the same time, Dennis said, the city had to "defer to" the judgment of the Department of Toxic Substances Control, the oversight agency, on how far the cleanup should go. "other agencies have more authority in this situation than we do at this point. We have to wait for the people with the authority to decide what their requirement will be in terms of full mitigation," she said. Cost seems to be a major consideration for the DTSC as well, even though it does not pay forthe cleanup. "The Department of Toxic Substances Control calculates all proposals on their own merits on a site-by-site basis and tries to recommend the best cleanup alternatives, We try to be cost- effective in the decision-making process, That's really the bottom 2 of 4 6/28/08 12:37 PM Oakland Tribune: Pacifica disputes plans for rifle rang... http://findarticles.com/p/articles/mi_qn4176/is_2007... line here," said Angela Blanchett, spokeswoman for the DTSC. Peterson remains unsatisfied with the agency's answers to questions he's raised in his letters dating back to June 2006. He says the DTSC cannot claim the heavy metals will not leach into shallow pockets of groundwater under the site without conducting studies to plotthe groundwater pathway, or assess whether groundwater contamination could be a threat. A stream lies immediately west of the site, which is known to be the general direction the groundwater will flow. Beyond it is a large wetland, the Laguna Salada, known to provide habitat for endangered species such as the California red-legged frog. Peterson points to the results of a groundwater sample, taken in 2001 in the eastern portion of the site, as evidence that lead has already found its way into the groundwater. Scientists detected 360 micrograms per liter of lead in the water sample; the legal limit is 0.002 micrograms per liter. Subsequent testing in the area found no lead in the groundwater, although engineers were never able to drill for groundwater in the same location because the soil was too soft. Notwithstanding the sample, the DTSC's public fact sheet for the Sharp Park Rifle Range states that "Groundwater sampling did not detect lead, arsenic or antimony concentrations" above the maximum. contamination levels set by the Environmental Protection Agency. A long-term hazard? Most of all, ~eterson worries that leaving the bullets behind means the metal will degrade over time, spreading lead into the surrounding soil molecules and eventually leaching down into the groundwater or off the site. He has askedthe Department of Toxic Substances Control to at least remove the bullets as a compromise before burying the soil, but it is not an option officials said they would consider. "We see it as a fairly simple process that would further ensure that there will be no contact with humans," said Peterson. 'There's plenty oflandfills in the U.S. that can take this material." DTSC officials say that siphoning out the bullets is more difficult than one would think in the soft, sticky clay-and-silt soils that comprise most of the property. "It's not a very easy process to do. It would significantly increase the overall cost, and I'm not sure what the benefit would be of removing the bullets," said Barbara Cook, local branch chief with the Department of Toxic Substances Control. ''The leaden bullets are not going to be exposed to the elements. I don't expect the bullets to degrade any more than they are today." As for the worrying groundwater sample: "We have not been able to duplicate that sample in all the rest of the samples. We feel that sample is an anomaly. They may have had some other problems with the sample," said the DTSC's Toth. Other former rifle ranges in the area have received different treatment. The Peninsula Sportsmen's Club, which lies under the Dumbarton Bridge between Menlo Park and East Palo Alto, is in the midst of an eight-year cleanup project overseen by the San Francisco Public Utilities Commission. When complete, the lead shot, clay pigeon debris and shell casings .will be treated and disposed of at a hazardous waste facility. The contaminated soil will also be removed. The work began in 2000 out of a concern for the Cargill Salt Pond and sensitive surrounding Baylands, which were found to be 3 of 4 6/28/08 12:37 PM . O'aklal1d Tribune: Pacifica disputes plans for rifle rang... http://findarticles.com/p/articles/mLqn4176/is_2007... affected. Dan Stralka, a toxicologist with the federal EPA, said bullets do pose a hazard over time by degrading, but that the risk is significantly lessened once they are covered to prevent them from being crushed underfoot. "Over time, it would be expected that the bullets would eventually oxidize and expect to break down, but it's going to take hundreds of years," said Stralka. Sometimes removing the bullets from a contaminated site isn't necessary, he added. Even EP A Superfund sites, such as former military rifle ranges, sometimes use the same cap-and-consolidate plan as Pacifica's when they are not slated to become schools or day-care centers in a future life. "It would depend on what the land use is going to be and the exposure. The lead is a concern, but without the exposure, thefe isn't any hazard," said Stralka. Officials cite the remoteness of the Sharp Park rifle range as a reason why it won't be subject to the same cleanup plan as the Peninsula Sportsmen's Club. Peterson says he understands that and agrees with the DTSC that burying the lead will make the site much safef than it is now, where dust and fain can cafrythe topsoil away. And yet the safest alternative, he maintains, would be to spare Pacifica from being left with the results. ''There's cleaning YOUf room, and there's cleaning your room right," he said. Staff writer Julia Scott can be feached at (650) 348-4340 or atjscott@angnewspapers.com. c2007 ANG Newspapefs. Cannot be used or fepurposed without prior written permission. Provided by ProQuest Information and Learning Company. All rights ReseIVed. . 4 of 4 6/28/08 12:37 PM DELAVEAGA PARK - CHARLES DERBY SMALL BORE ... http://www.ci.santa-cruz.ca.us/cc/archives/04/9-28. .. 5 ~.'-- --::rr---. 1)~\ r----. CI1' OJ SANTACRUZ ~ CITY COUNCIL AGENDA REPORT DATE: August 30, 2004 AGENDA OF: September 28, 2004 DEPARTMENT: Parks and Recreation SUBJECT: DELA VEAGA PARK - CHARLES DERBY SMALL BORE RANGE CLEANUP AND DELA VEAGA PARK MASTER PLAN UPDATE RECOMMENDATION: That City Council, by motion, direct the Parks and Recreation Department to: 1) proceed with planning the clean-up process for the Charles Derby Small Bore Range at DeLaveaga Park; and 2) refer funding for the DeLaveaga Park Master Plan to the FY 2006 budget process. BACKGROUND: Since the 1960s, a remote gulch in DeLaveaga Park has been used as a gun Range. The DeLaveaga Master Plan, approved in 1960, includes the gun Range as one of the land uses. The Range, known as Charles Derby Small Bore Range, has been used by law enforcement agencies and members of the public over the past several decades. The gun Range is located in a gulch situated in the eastern portion ofDeLaveaga Park. Access to the Range is provided by a one-way service road, located at the end of Brookwood Drive. A location map and site photos are included in Attachments 1 and 2. The Range is djvided into three shooting areas: a 50-yard Range, a 25-yard Range, and a 1,000-inch Range. The steep embankment of the hillside has historically been used as a backstop for the fIring Range. Until recently, lead ammunition was used. In November 1999, City Council directed staff to research environmental and operational concerns at the Charles Derby Small Bore Range. City Council was concerned about possible lead contamination in the soil and stonnwater runoff since the Range is situated within the Arana Gulch watershed. The Parks and Recreation Department found no records of any prior studies or monitoring of the Range. The Department recommended to City Council that a qualified consultant conduct an environmental assessment. Public use of the Range was also prohibited until further notice. Law enforcement agencies continue to use the gun Range today, but must use lead-free ammunition. In 2000, the City contracted with RRM Inc. to conduct a soil/surface water/groundwater investigation of the gun Range site and adjacent areas. During 2000-2001, RRM collected samples of the Range site and adjacent area. The samples were analyzed for lead, copper and zinc. The findings of this investigation are discussed in detail below. In addition to initiating the sampling, the City also entered into a voluntary agreement with the California Department of Toxic Substance Control regarding the 1 of 4 6/28/08 12:47 PM DELAVEAGA PARK - CHARLES DERBY SMALL BORE ... http://www.ci.santa-cruz.ca.us/cc/archives/04/9-28. .. investigation and future clean up. As the lead agency for the clean-up process, the Santa Cruz County Department of Environmental Health must also review the analyses and clean-up proposals DISCUSSION: This staffreport summarizes the fmdings of the investigation of the gun Range site and recommendations for remediation, or clean up. In addition, the report briefly discusses the need for a future update of the DeLaveaga Park Master Plan. Charles Derbv Small Bore Ran2e Remediation In October 2001, RRM Inc. completed the Charles Derby Small Bore Range Soil/Groundwater /Surface Water Investigation Report. This report includes a summary of the soil, surface water, and groundwater samples collected and analyzed for lead, copper, and zinc. As expected, the investigation identified lead concentrations exceeding hazardous waste criteria in the areas where the targets are typically located. The majority of lead impact was found in shallower soils located in the embankment near these targets. Lead concentrations in the embankment soils ranged from 1,800 to 18,000 milligrams per kilogram (mg/kg). These concentrations exceed 1,000 mglkg, which is one of the criteria used to define a California hazardous waste. Deeper soil samples indicated that the lead concentrations decline rapidly with depth and deeper soils are not affected. The investigation also found it likely that lead contamination was confmed to the gun Range sit~ and was not migrating from the site by stormwater runoff or leaching. A biological assessment of the area determined there are no sensitive species in the confines of the gun Range. Subsequent to completion of the investigation, the City contracted with RRM to prepare a remediation plan for the lead contamination. In 2003, RRM Inc. completed a preliminary draft Removal Action Work Plan for the Charles Derby Small Bore Range. The purpose of the Removal Action Plan (RAP) is to provide a framework for remediation, or clean up, of the gun Range site. Factors that are considered include regulatory guidance, historic and current site conditions, site remediation constraints, and future use of the site. The draft RAP presents removal action goals, an evaluation of alternative removal. measures, and the recommended remedial action for the site. Two remedial alternatives were evaluated by RRM Inc. and are described in detail in the draft Remedial Action Plan. Because no backstops were ever installed at the Range and the lead has been accumulating in the hillside for over 40 years, the clean up will likely be more extensive than at other outdoor ranges where backstops exist and routine maintenance is conducted. The fIrst alternative identified involves soil excavation, transportation, and disposal at the Kettleman Hills Class I Landfill. The second alternative involves excavating and stockpiling lead-impacted soils on site, using gravity separation to physically remove lead, and then chemically treating the soils to leach the lead from the soil. RRM Inc. recommended the fIrst alternative based on its lower costs and their greater confidence in its results. The fmal clean-up costs for the Range will depend upon the actual volwne of soil removed, the soil transportation fees, and disposal fees at the landfill site. RRM Inc. estimated the total cost at $360,000-$450,000 based on the information available at this time. This estimate would bring the site to 2 of 4 6/28/08 12:47 PM DELAVEAGA PARK - CHARLES DERBY SMALL BORE ... http://www.ci.santa-cruz.ca.us/cc/archives/04/9- 28... a "residential" level clean-up goal that would allow for the widest range of possible future public use, including a continued gun Range or some other recreational use. Attachment 3 includes an itemized list of the costs. If the gun Range use is continued after the clean-up is completed, the gun Range must be upgraded to include a backstop and lead collection system. DeLaveal!a Park Master Plan City Council decisions regarding the future long-term use of the gun Range site will involve several related issues. These include the repair and long-term maintenance of the access road, which is now seriously deteriorated, and the compatibility of any future use with the adjacent archery range. The most appropriate way to explore these issues is through a Park Master Plan process. The existing Park Master Plan for DeLaveaga Park was approved in 1960 and did not require extensive environmental review because it was prior to the California Environmental Quality Act (CEQA). An update to the existing Park Master Plan is needed not only for the gun Range site, but also to identify and evaluate existing conditions, habitat types, and uses throughout DeLaveaga Park. Staff recommends that decisions about the future use of the gun Range site be delayed until a full update of the DeLaveaga Park Master Plan is completed. In the interim, local law enforcement agencies will continue to use the range occasionally. Parks and Recreation Commission The Parks and Recreation Commission considered this issue at their May 3 and June 7, 2004 meetings. The Commission voted to refer this issue directly to the ~ity Council since the original request for action came from the Council. The Commission also recommended that staff consid~r funding for a new DeLaveaga Park Master Plan in the FY2006 budget request to City CounciL FISCAL IMPACT: The City currently has only $250,000 budgeted for clean-up of this site. Staff will have more specific information after approval of the final Removal Action Plan by the California Department of Toxic Substance Control and the Santa Cruz County Department of Environmental Health. Staff will return to City Council at a future date with further information on clean-up costs. Given park planning projects currently in progress and funding limitations, it is anticipated that the Park Master Plan update process could not be initiated until after July 2005. Funding for this project should be considered dwing the FY 2006 budget process. No additional funds.are being requested at this time. Submitted by: Approved by: 3 of 4 6/28/08 12:47 PM . DELA VEAGA PARK - CHARLES DERBY SMALL BORE ... http://www.ci.santa-cruz.ca.us/cc/archives/04/9-28. .. Dannettee Shoemaker Director of Parks and Recreation Richard C. Wilson City Manager Attachments: 1) Location Map 2) Site Photos 3) Cost Estimate Prepared by RRM Inc. 4) Memorandum from Chief of Police, 04/23/04 5) Letter from RRM dated May 14,2004. At Main Library for Public Review: Charles Derby Small Bore Range Soil/Groundwater/Surface Water Investigation Report (October 2001), Draft Charles Derby Small Bore Range Removal Action Work Plan (April 2003), and DeLaveaga Park Master Plan 1960. cc: Chief of Police P:\pkad\council\2004\pk290.doc 4 of 4 6/28/08 12:47 PM School lead cleanup may cost $500,000 http://www.enquirer.com/editions/2004/04/02/loc_c. .. Is, rfillfl#~~NKY.COM I ENQUIRER I CIN WEEKLY I Classifieds I Cars I Homes I Jobs I Help mE .ENQlJIUR". ... . "c '. ",... " . : ,'.. :' 1 .". ~" , ; . . ~;'. . ,,,' '... :' .,., .... . '. ',' "'. '.'~. ". '. ..:. ";..' ", ." .i:.~." ONLINE.EOmON CliP TH~ m:moN'S .1 Nl!W5r'APEIl C;;~~:BI Light Rain !!!!!!!! I !!!!!!.E LOCAL MULTIMEDIA ARCHIVES SEARCH GUIDE HOME NEWS ENTERT AlNMENTSPORTS REDS BENGALS ~ CllfCfNHATf \!:/ ENQUIRER TODA Y'S ENQUIRER Front Patle .. Local News Soorts Business Editorials Temeo Home'Style Travel Health TechnoloQY Weather Back Issues Search Subscribe SPORTS Bearcats Benaals Hiah School .&9!.. Xavier VIEWPOINTS Jim Boraman Columnists Readers' views ENTERTAINMENT Movies DininQ Horoscooes Lottery Results Local Events Video Games CINCINNA TI.COM Giyeaways Maos/Directions 1 of 2 Friday, April 2, 2004 School lead cleanup may cost $500,000 By Michael D. Clark The Cincinnati Enquirer INDIAN HILL - Cincinnati Country Day School will have toxic lead removed from its school grounds here by the time school opens in the fall, a project that could cost up to half a million doHars, officials said Thursday. In the first public statement from the Camargo Club, a golf and shooting club adjacent to school property, Cincinnati attorney Tom Terp confirmed Country Day officials' earlier statements that Camargo has agreed to pay for the removal of lead shotgun pellets. The shot fell from a nearby skeet shooting range, contaminating two school baseball fields. "The club will definitely pay for the cost of remediation," said T erp, a Camargo member and spokesman. Terp also said club officials this week spoke with U.S. Environmental Protection Agency (EPA) officials about the federal agency overseeing the cleanup project, which he estimated will cost between $200,000 and $500,000. Steven Henninger, EPA on-scene coordinator, said Thursday he expects to meet with Camargo officials in a couple of weeks. Terp also announced that the. club shooting range, near the western border of the school, will remain closed. The shooting range, which operated on weekends from October through March for decades, closed in September after club officials learned that lead had been discovered on another nearby private property. "There will be no more shooting at Camargo until we can be 100 percent confident no adjoining property will be impacted in any way," Terp said. The cleanup will begin in June, after Country Day's summer break begins, and will involve up to four acres around the two ball fields, T erp said. The fields are expected to be fully restored by the beginning of the next school year. E-mail mclark@enauirer.com Late ~t HO=03c"n"" t~-=ci LS Updated Every 3.0 Minutes AP TOP HEADLINE NEWS · Iraai Official: 150.000 Civilians Dead · Sen. Allen Concedes Defeat in Virainia · Bush. Pelosi Hold White House Talks · Massive Recall of Acetaminoohen Underway · Mubarak Warns Aaainst Hanaina Saddam · Bolton Unlikely to Win Senate Aooroval · AP: StartlinQ FindinQs in Tillman Probe · Ed Bradlev of '60 Minutes' Dies at 65 · U.S. Rises in Auto Reliability Ratinas · 4gers Look to Relocate New Stadium 6/28/08 2: 53 PM CITY OF ASHLAND Honorable Members of the Council: At its July 2, 2008 meeting the Ashland Historic Commission unanimously passed a motion supporting the acceptance by the City of Ashland of the Certified Local Government (CLG) grant awarded by the State of Oregon funding a management plan for the historic Lithia Springs Property. The grant will enable the City of Ashland to develop a management plan for the appropriate protection of historic and cultural resources at the site. In addition, the Historic Commission fully supports that any lease extension, if approved, contain provisions for the implementation of the management plan, and its subsequent enforcement by the City of Ashland. This site is deserving of our careful attention and our protection. The Historic Commission wishes to express to you our continued concern regarding the environmental stewardship of the Lithia Springs property. We would encourage you to review the documentation and public testimony that specifically addresses the environmental degradation of shooting ranges, as well as the costs associated with their cleanup. As a parcel of public land, it is the responsibility of our community to protect this site, encourage its environmental restoration, and shield our citizens from the tinancialliability of a major cleanup. Thank you for the opportunity to submit our comments and for your consideration of this very important matter. Sincerely, 1/p /;jL7- Dale Shostrom, Chair Ashland Historic Commission r:., r!',~ 100% Post-Consumer Content CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Request for Development of the Lithia Way Parking Lot July 15,2008 Primary Staff Contact: Brandon Goldman Community Development E-Mail: goldmanb@ashland.or.us none Secondary Contact: Bill Molnar Martha Bennett ~ Estimated Time: 20 min Question: Should the City Council direct Staff to work with Mr. Sandler to examine his development proposal for the City owned Lithia Way parking lot, and provide a Staff analysis back to the City Council for consideration? Recommendations: The Housing Commission heard Mr. Sandler's request on May 22nd 2008, and determined to forward the request to the City Council for consideration. Background: The City of Ashland owns a 7,000 square foot property on the South side of Lithia Way, and in February of 2005 had issued a Request for proposals to develop affordable housing within the air- rights of this property while retaining the use of public parking on site. Proposals were submitted by Kendrick Enterprises, the Housing Authority of Jackson County, LDC Design Group, and Sandler Films. Kendrick Enterprises was ultimately selected by the Council as the lead proponent out of four proposals received by the City Council on August 30, 2005. After considerable negotiation and project pre-development activity with Kendrick Enterprises this developer selection was rescinded by the City Council in October of 2007, and to date the Council has not re-initiated development of this property. Council has previously indicated that prior to determining how to proceed with the development of Lithia Lot they wanted to examine various incentives and removal of regulatory barriers that would potentially facilitate the development of multi - family apartments. Mr. Sandler has indicated that he would be willing to work with the City to enter into exclusive negotiations to develop affordable housing, per his original proposal, on the subject property contingent upon seven requirements he's outlined in his letter to the Council dated May 20,2008 ( attached). Related City Policies In reviewing the original RFP responses in 2005, it was Staff's contention that including commercial ground floor on the Lithia parking lot site was not only desirable for aesthetic and economic reasons were the property to redevelop, but a prominent ground floor commercial use was necessary to be consistent with the existing "Main Street" character of Ashland's Downtown area. Ashland's Downtown Plan recommends the introduction of housing within the Downtown area. Downtown residences suit many lifestyles and "offer independence from the automobile in a Page 1 of2 071508 Lithia Lot.CC.doc r~' CITY OF ASHLAND stimulating urban atmosphere." The City's land use ordinance, however, restricts the amount of ground floor residential space in order to encourage and promote retail, restaurants, and other commercial business that add interest and excitement along downtown sidewalks. Staff continues to believe that this site provides an opportunity to include a vital commercial component that is an asset to Lithia Way, and recommends that commercial space at the sidewalk level be an integral part of any final development plan for the site. Fiscal Impact Although Mr. Sandler's letter indicates such a review and recommendation would take "about two hours", it is Staff s believe that exclusive of meetings before Council and the Housing Commission, it would take a minimum of 8 hours of staff time, including Planning Staff, the Housing Specialist, and Legal Department consultation to prepare a considered evaluation for presentation to the Housing Commission and City Council for consideration. Council Options: Given Sandler's specific request the City Council has two options available for consideration; 1) To direct staff to exclusively work with Sandler to more fully examine his proposed project's financial proforma, evaluate potential lease provisions and developer agreement options, evaluate his proposal's consistency with Land Use and Site review criteria, and to present to Council a staff evaluation of the specific proposal for further consideration. 2) As was indicated in the 2008-2010 Housing Work Plan, the City Council could complete an evaluation of incentives and regulatory barriers in advance of determining the next steps regarding the potential development of the Lithia way parking lot and other air-rights over City owned property. In the event the City Council does not wish to pursue the exclusive development proposal for Lithia Lot with Sandler at this time, taking no further action will conclude the process. Attachments: Sandler letter to Council May 20, 2008 Sandler letter to Council Aug 7, 2006 Sandler Development Plans (elevations, site plan, unit layout) Housing Commission Minutes, May 22nd, 2008 Page 2 of2 071508 Lithia Lot.CC.doc r... , Memo to: Martha Bennet, City A~r of the City of Ashland From: MlmF~Sm~~~ RE: Presentation to the City of Ashland City Council on June 17,2008 Date: May 20, 2008 Martha, as we discussed, you have placed me on the agenda of the Ashland City Council relating . to my presentation of a 10 unit aparbnent rental project ov~ the City of AshlandtLithia parking lot. . I have included what was originally sent to the city council relating to my recollection of the history of the past affordable housing activity over the city owned lithia parking lot. I have also included an outline of what I will be presenting to the City Council on June 17, 2008. I have also included Architectural plans for a 10 unit development over the Lithia Parking lot. Please copy each member of the City Council, the City attorney as well as Brandon Golden so they can be aware of what I am presenting. Including this cover page I am submitting 8 pages herewith Allan Frank Sandler 1260 Prospect St. Ashland, Oregon Phone 541 4821781 Fax 541 4882263 E-Mail Allanl23rj@aol.com Request of the City COIIDcD: I would like the City CouncU to ask staff to put in about two hours of tbeir time to go over tbe foUowing plan with me aDd submit their opinions back to the CouDcll. # 1.. Lease the air space over the small Lithia parking lot to me or another developer for $l/year for 99 years. #2... The lease will have a deed restriction to the air space that will allow for 10 one and two bedroom affordable housing units to fully confonn to the existing affordable housing restraints of the City of Ashland. #3... The units can only be financed with private funds and may not use any existing funding from any government agency as not to take funding away from nonprofit organizations. #4...The ground floor or street level will remain the property of the City of Ashland and the existing parking spaces will Dot be reduced because of construction of above grolUld development of the air space. The parking lot will be maintained by the City of Ashland as it now does. #5...If the ground floor is either leased or sold by the City of Ashland it will give the leaseholder of the air space the right of first refusal to match the city position for 30 days. #6... This lease will be a single source agreement with the City of Ashland In order to avoid any criticism to of the City, the City if it wishes my offer what ever final negations it has made with me to the open market and if any other developer or organization comes forth I will back off and let that entity go forward with the project. The only stipulation is that no part of the agreement negotiated with me can be changed. It will be an effort to get affordable housing for the City of Ashland either by me or some one else without all the red tape and process of the past. #7...Once the lease is signed the process of construction will go through the normal procedure through the various City commissions and departments and hearings for building approval as is nonnally done when a project is submitted for development. Please note that one requirement is that the developer can prove it has the money available to do the project prior to signing the lease. The above is meant as a fonnat to start negotiations with the City Council of Ashland and that nothing will be considered an agreement until all documents are signed by all the parties involved. Allan Sandler 1260 Prospect St. Ashland, Or. 97520 Phone 541 4821781 Fax 541 4882263 e-mail allan123rj@aol.com Memo From: Allan Frank Sandler, citizen of Ashland Oregon To: City Council Members; counci Iriiiashland.or .us Alex Amarodeo - City Councilor (Councll Chair 2006) David Chapman - City Councilor a1ex@StandinptonebrewiDg... davidchapman@asblandhome.. Alice Hardesty - City Councilor Cate Hanzen - City Counellor Kate Jackson - City Councilor John Morrison - Mayor Russ SUbiger - City Councilor ahardesty88@charter... eate@miDd_. katejacksoD@opendoor... morrisoj@ashIaDd.or... russcity@zintech... Re: Affordable housing on Lithia Way Parking lot. Date: August 7, 2006 Dear Council Members. I am sending you this EMail as a citizen of Ashland for whom you are all caretakers of my and all the citizens of Ashland's assets of the City. I was also one of the original instigator of using land over city parking lots for use as affordable housing. I also want to state that the Developer/Builder you picked is a fine person and this memo is not meant in anyway to imply against the character and ability ofhim and his company. After hearing the council meeting last week that voted to have a local contractor/developer go ahead with negotiating a lease for the land over the Lithia Way parking lot, I was seriously concerned at what I perceive as not a very good deal for city land to a for profit venture. I speak with some authority since I have developed some of the most visuals properties in downtown Ashland and on the Plaza. Thus this memo: 1... The look of your approval is nothing like the original RFP sent out to interest developers to take on this project. a)...The original requirements stated through a unanimous statement from the city council that under no circumstances was the city to loose any parking spaces. We had originally 13 spaces and now you are approving 10 spaces dedicated for the general citizens of the city. , b)...The council gave specific guidance to have 2 bedroom and one bed room affordable housing ~t .#"'. to accommodate families. The thought is that we are losing children in the city thus our schools are suffering. Low income families with children need affordable living space. c)...While the first offering gave no allowance for commercial space the council did change there minds and allowed the concept of first floor commercial space in the project. However if you go back and look at the minutes it was agreed to by the council that the city needed to profit from the commercial space by charging the going equivalent rent for such space. As I understand it from the meeting no rent was to be charged to the contractor/developer. As an aside, when the applications came in, some of the applicants added commercial space to the their proposals. Then some of the other applicants who had not proposed commercial space asked if they could re work there proposals to indicated commercial space on the first floor. This was denied. Then at a subsequent meeting all the applicants were allowed to change their proposals, however they were not given any time to re submit. If I had the time to re submit I could have changed my offering to 50010 and 60'10 apartment rates, not the 80010 I needed to finance this project under the terms I had to work with. Under my proposal discussed with Brandon Golden (but no time to re submit) was to use the first floor as affordable commercial space to house something like a day care center for children and elderly adults at a subsidized rate (50% to 600At) to the children and adult users that applied and met the standards of families that would come under the affordable family income standards. I could go on but I do not think it necessary. I feel as a citizen of Ashland, I would like you to consider a couple of alternatives before you commit to the concept that was before you at the last council meeting. l)...SeIl the property air space and keep the parking lot as is relating to 13 spaces and take the money and commit it to affordable housing in the City as suggested by Cate Hartzel. , or 2)...Send the RFP back out for new proposals with strict requirements as to what the requirements are. Now that you really understand the concept you will get much better offers than you now have. Six months will not hurt anyone for a project that will go at least 60 years into the future, or 3 )...!f you go with the lease as is presently indicated you need take into consideration that you should not give away commercial space to a for profit commercial venture. You really do not need to do that to get the original 10 affordable housing units you requested. As another aside if I heard right, the developer/Builder is going out after funds to build the affordable housing portion of the project. If this is true you really do not have an agreement at all. If he does not get the funding, will he build anyway with his own monies or loan commitments? Remember my proposal was the only one that offered the money up front to complete the project without going out for funding. I still think that you are all working hard for the affordable housing effort. This has been a long process. Because it has been long in developing it does not mean that you need to rush at the back end just to prove you are in favor of affordable housing. In my opinion this is shortsighted. Land in Ashland is to bard to come by. The above is in no way stated to offend anyone. I am not challenging you or anyone else's <'.. ., .,.. II' integrity. I am only offering my thoughts on a project I have given much time and money trying to bring to fruition. Every body has worked hard and has had the best interests of the city in mind. I only want the best for the city and its citizens. ~~ ,I .. 8 ~1 I i I I f8 I I I I I I f8 is 8 I I ! !~ 8 ~ --.J ....-.........I'w: ~~..... u.........0It --II _II 1.....~t 14'1\.:i.... ..... ..............1 ~~~~..~ \I.JI · ....... .......,~C11 ............~ a I I roll 8i 1 I I I om ~ I I I 8 I a I I r I [CJJJ! [CJJJ! I I I 8 I . I ~~ ~~ ':;0 ~o ~ o en m c ~ > :;0 " z (j') ~ ~ ~~ )> ~ o o Z G) ..., ~ ___ _~LLEY ....._ _ _ __ (][] o ~~1.!1-- - --- ---. ,---- ----- --- "'-" ....I'tr. -- l~r i2l\.. ........1 M~~~' . , _~,__~,_ ~JI ..... ~.. AIItIIncI Ilk........ ~WIlr.-"'CIll ---- ..,....,,~O!C ....,..~~ 6 ~ ~ i ." 6 o . I ....... ........ ......,,.... _..........0lfI ~ 1M.~0lfI ~'-'~ "'0 i 1 1'. ~ UI.wa.r- '1"lDmf.~ ~'..~.7I!Ot -'-"'l.~."._...t._... ~i\....iU..II.. ............1.... \lJl. '. CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES May 22, 2008 CALL TO ORDER Vice Chair Carol Voisin called the meeting to order at 4:30 p.m. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR 97520. Commissioners Present: SOU Liaison: Alexandra Amarotico, Richard Billin Absent Carol Voisin Graham Lewis Council Liaison: Alice Hardesty Steve Hauck Bill Smith, arrived at 4:38 Staff Present:: Aaron Beniamin Brandon Goldman, Housing Specialist Carolvn Schwendener, Account Clerk Commissioners Absent Regina Ayars APPROVAL OF MINUTES Page two, liaison reports last sentence of the first paragraph should read "Hardesty encouraged the Commission too not go to far away from the 200 goaL" Hauck/Lewis m/s to approve the minutes as corrected from the April 22, 2008 Housing meeting. Voice Vote: Approved PUBLIC FORUM Allan Sandler, 1260 Prospect, gave a presentation of a proposed ten unit apartment rental project over the City of Ashland Lithia parking lot. It is Mr. Sandler's desire to get on the June 1 ih Council meeting agenda. Mr. Sandler would like the Housing Commission to advise the Council at to whether this is something they think should be looked into. Mr. Sandler would like the City Council to ask staff to put in about two hours of their time to go over his plan and submit their opinions back to the Council. Mr. Sandler read through his plan and gave a copy of his presentation to each of the Commissioners. The Commissioners briefly discusse'd Mr. Sandler's project. Goldman explained if the City Council directs staff to go forward they can also direct that any agreement be put before the Housing Commission before going back to them. Hardesty said this project makes a lot of since but the only reason why she wants so see the Commission take more time with it is if they want to talk about the possibility of doing a different parking lot so they get more units. HauckNoisin m/s to place this item on the agenda today for discussion. Voice Vote: Motion passed with Hardesty and Lewis opposing. REPORTS AND UPDATES Subcommittee Reports Finance - Voisin reported the committee met and their intent was to look at means of revenue for the Housing Trust Fund. The Committee decided they wanted Goldman to begin working on the ordinance and resolution that outlines the policy procedures. While that's in process they will be working on revenue streams. Goldman gave an update that he just finished an initial draft of the ordinance establishing the Housing Trust Fund and a resolution establishing procedures. Goldman has sent them to legal for initial review and was hoping to have them back in time for the June 10, 2008 Finance Committee meeting. Liaison Reports Council - Hardesty reported that at the last meeting the Council repelled the twenty foot setback on the north side of Lithia Way and asked the Planning Commission and Planning Department to look at what kind of ASHLAND HOUSING COMMISSION MINUTES May 22, 2008 business would inhabit the first floor of Commercial spaces downtown. The reason they requested this was because offices tend not to be friendly to pedestrian shoppers, and retail spaces are more appropriate. The Council also asked the Planning Commission to look for a way to increase the sidewalk space on the south side of Lithia Way. Hardesty said the Council passed a fifteen foot sidewalk including the park row for arterials downtown as part of this ordnance. Goldman informed the Commission that Linda Reid the new Housing Specialist will be starting on June 3, 2008. Parks - Hauck did not attend the Parks meeting but got the tape and watched it. There was nothing relating to housing issues. Hauck will be attending the next scheduled Hearing with the Parks Commission on June 23, 2008. School Board - No report. Planning Commission- No report. Ad-Hoc/Public Meeting Updates Annexation and Zone Change Ordinances Ad-Hoc Committee - Goldman reported they did meet and went over the proposed annexation and zone changes to bring up the familiarity with the Planning Commission members as to what the Housing Commission had worked on. The Housing Commission forwarded to the Ad-Hoc Committee two points; 1) Rentals be restricted to sixty percent AMI as opposed to the eighty percent which was allowable under the existing and proposed annexation ordinance. On that specific issue there was some concern at the Ad- Hoc meeting if that discourages the development of apartments. 2) One of the Planning Commissioners recognized that the Housing Commission had established minimum size for a one bedroom unit was six hundred square feet and that was taken from the home program rules. Under the City of Ashland parking requirements as well as density requirements five hundred square foot units are counted as only. 75 of a unit. This means that if 600 feet were rolled back to 500 feet it may allow for either an increase in number of units or a reduction in parking requirements. The draft annexation ordinance is scheduled to come before the Housing Commission in June. Study Session of the Planning Commission is tentively scheduled for June 24th to review the Ordinance. The Commission meeting to make a formal recommendation on the draft would be at the regular meeting on June 26th. sec Meeting-Hauck reported that the recommendation from consultants was when they set the formula for the SDC's they left out pedestrian and bicycle facilities as part of how they would calculate those. The Committee voted to go back to the way they have always done and consider those fees part of transportation. Facilities Plan - Hardesty said there is a Study Session planned in June 2 to discuss the gun club. Hardesty said the lease is up in 2009 and they are asking for the Council to give them an early lease. Someone from the Planning Department is working on possibilities for use of the gun club property. Voisin said that the City is still looking at serious consideration of using the Grove. Lewis stated his group has decided not to try to utilize the building and is not prepared at this time top make such a request. HOUSING WORK PLAN 2008-2010 REVIEW Staff Presentation - The Commissioners had received the 2008-2010 Housing Work Plan in their packet. Goldman reported that the Housing Work Plan was presented to the City Council to provide them with a better understanding of the different activities that are currently being worked on by the Ashland Housing Program. Goldman reviewed the distribution of time dedicated to each aspect of the Housing Program over the course of a year and gave a general overview of the Work Plan. COMMISSION ANNUAL RETREAT The Annual Retreat will be on Saturday July 12, 2008 from 9: 00 am to 1: 00 pm. Lunch will be provided by the City. It was suggested to spend the majority of the time on Goal setting and the Action Plan. ITEMS FROM COMMISSIONERS NOT ON THE AGENDA The Commissioners discussed Allan Sandler's proposal for a ten unit apartment rental project over the City of Ashland Lithia parking lot. Smith confirmed with Mr. Sandler that he was requesting the Commission to decide if they think the business aspect of the project is worth the City Council's time for reviewing. ASHLAND HOUSING COMMISSION MINUTES May 22, 2008 2 Mr. Sandler said they have chose to build a very attractive, more expensive, units then most low income housing in order that the tenants would take pride in ownership. Mr. Sandler confirmed that he is open to using a different parking lot if one is available and works with his plans. Hardesty said her concern is that the Housing WorkPlan has a ten percent time allocation for project development and is not sure they have the extra time this takes to devote to the project. Hardesty would maintain that the Commission should consider thinking more seriously about using a bigger parking lot in order to get more units. Hauck believes this is worth taking a look at and Billin doesn't see any downside since its not taking the funding away from anything else. Benjamin see this project as a possibility for not just low income Housing but could be an affordable workforce project as well. Lewis stated it's a good idea to give it to the Council for them to talk about and decide if it's a project worth going forward with. Hardesty commented she is not sure this is a good use of the Housings Specialist's time and believes the Commission should set their priorities first before deciding. Hauck/Lewis m/s to recommend to the City Council that they take a look at this project to see if it's worth proceeding with. Voice Vote: Motion passed with Hardesty and Voisin opposing. Community Meetina Reaardina Homelessness and Poverty in Ashland Lewis met with Chief Holderness, United Way, Saint Vincent DePaul and a group of other interested organizations regarding the poverty and homelessness in Ashland. They are putting together a document that can be handed out to individuals who ask for help explaining the different available programs in the Community. They will also be giving out bus tokens. Lewis said there will be another meeting with the Faith Community people and the City to see how they can work together to help not just the homelessness but the impoverished. Frost asked questions regarding the Education sub-committee. Benjamin explained what the past efforts and direction of the sub-committee had been. Currently this Committee has been put on hold. UPCOMING EVENTS AND MEETINGS The next regular meeting will be Thursday June 26, 2008 at the Community Development Building 4:30-6:30 pm. The Planning Commission Study Session on Annexation Ordinance revision will be June 24, 2008 ADJOURNMENT - The meeting was adjourned at 6:20 p.m. Respectfully submitted by, Carolyn Schwendener, Account Clerk ASHLAND HOUSING COMMISSION MINUTES May 22, 2008 3