HomeMy WebLinkAbout2010-0601 Regular Mtg PACKET
CITY OF,
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 1, 2010
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.E,]
6:30 p.m. Executive Session for consultation with Legal GDuncil pursuant to ORS 192.660(2)(h)
7:00 p.m, Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Regular Meeting of May 18, 2010
VI. ECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of Flag Day in Ashland? [5 Minutes]
VII. CONSENT AGENDA [5 minutes}
1. Will Council approve the . ,issions, and Committees?
1\ 0 oJ", -8't Will Council approve a boratory services agreement 'th the Oregon Department of
I'^^' C/ Environmental Quality f r reqUire es Ing e Bill 737 for potential contaminants
that have been designated priority pollutant9- ________
V Does Council have any questions regardin\JJ.he aqreement hetweethCity and Parks approved
for FY2010 tJudget at the February 8,2010 Joint Meeting or the updated agreement for
FY2011? .
4. Will Council, acting as the Local Contract Review Board, approve a public contract to procure
a new 2010 Altec 60' Bucket Truck ($195,495.00),"and declare the intended trade-in, Vehicle
# 301,1997 Bucket Truck ($11,000.00) as surplus, for a total amount of $184,495.00?
5. Should Council approve continuance of First Reading of an ordinance setting the tax levy
amount for Fiscal Year 2010-2011 from the June 1 to June 15 agenda?
6. Will Council, acting as the Local Contract Review Board, approve a contract-specific Special
Procurement requesting approval to directly award a public contract for the specialized
services of a graphic designer to create and provide interpretive materials for visitor services
throughout the parks system?
COUNClL MEEfJNGS ARE BROADCAST UVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.l!S
~Will Council approve an Interqovernmental Agreement with the Oregon Department of
V Transportation to complete the Transportation System Plan update?
8. Will Council, acting as the Local Contract Review Board, declare the items listed on the
attachment as surplus property and will the City Council authorize a sealed bid auction be
, J conducted to dispose of the vehicles and equipment being declared surplus property?
/1" Does Council wish to approve the Ambulance Operator's License renewal for Ashland Fire &
Rescue?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior
to the commencement of the public hearing. All hearings must conclude by 9:00 p.m" be
continued tD a subsequent meeting, or be extended to 9:30 p.m, by a two-thirds vote of
council {AMC ~2.04.050})
None.
IX. PUBLIC FORUM Business from the audience nDt included on the agenda, (Total time
allowed fDr Public Forum is 15 minutes. The MaYDr will set time limits to enable all people
wishing to speak to cDmplete their testimony.) [15 minutes maximum]
X. FINISHED BUSINESS
Should Council approv~econd Beadin~ of hree ordinances relating to the adoption of the
SOU Masterplan? [5 Minutes] Please No(e: The Public ean and record for this itme are
closed. No additional public comments will be accepted at this time. Additional materials for
this item can also be found on the May 18, 2010 Council meeting agendas
2. Should Council approve First Reading of an ordinance titled, "An Ordinance Extending the
City of Ashland Detail Site Review Zone for Consistency with the 2010 SOU Campus Master
Plan"? [10 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does the Council have questions about the status report on the Economic Development
Strategy process and the upcoming proposed citizen involvement plan? [30 Minutes]
XII. .oRDINANCES RESOLUTIONS AND CONTRACTS .
V1. Should Council approv Secon eading of an ordinance titled, "An Ordinance Relating to
~reen Burials at City n and Amending AMC 2.64.160"? [5 Minutes]
Should Council approv Second ading of an ordinance titled, "An Ordinance Relating to the
Disposal of Surplus Property"? [5 Minutes]
3. Should Council approve First Readinq of an ordinance titled, "An Ordinance Establishing and
Implementing a Program to Charge User Fees for the Deployment of Public Safety Services
Rendered by the City of Ashland, Ashland Fire and Rescue"? [10 Minutes]
XIII. UNFINISHED BUSINESS, PART 2
1. Does the Council approve the first reading of ordinances adopting Chapter 18.53 Croman Mill
and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning
Map amendments? Please Note: The Public Hearing and record for this itme are closed. No
additional public comments will be accepted at this time. Additional materials for this item can
also be found on the April 6, 2010, May 4, 2010, and May 26, 2010 Council meeting agendas.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI.ILAND.OR.lIS
ASHLAND CITY COUNCIL MEETING
May 18, 2010
Page 1 017
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 18,2010
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7 :00 p.m. in the Civic Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Jackson and Chapman were present. Councilor Lemhouse and Silbiger were ,
absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg noted vacancies on the Historic, Planning, Housing and Tree Commissions.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The Regular Meeting minutes of May 4, 20 I 0 were approved as presented,
( ,
The Mayor and Council discussed delaying two items on the agenda pertaining to the adoption ofthe Southern
Oregon University (SOU) Campus Master ptan and the recommendation for the Compensation Class Study.
The decision retained the SOU Campus Master Plan and delayed the Compensation Class Study.
SPECIAL PRESENTATIONS & A WARDS
1. Mayor Stromberg's Proclamation of Craft Beer Brewers week was read aloud.
2. Does Council accept the final report and recommendation of the Public Safety Bond Committee.
Management Analyst Ann Seltzer presented the staff report and introduced Chair Don Mackin and members of
the committee, Mr. Mackin noted how well the group worked together and thoroughly evaluated each
proposed project. He stated the Committee found there was a valid need to replace Fire Station #2 and that it
had reached a critical tevel. They unanimously agreed on the expansion and improvement efforts for the Police
Station and that it should be a top priority. The committee noted a more cost effective option was relocating
the Police Department to The Grove.
The committee recommended the following:
. Move forward with a General Obligation Bond election in May 20 II for Fire Station #2 in an amount not
to exceed $3million
. Move forward with a Bond in a future election for the Police Station
. Consider using The Grove for the Police Station
. Seek other resources for a ladder truck and training tower for Fire Department
.
Ms. Seltzer stated the architect had evaluated parking needs if the police station should move to The Grove.
Comment was made that the Finance Department was designated for The Grove in the Facility Master Plan.
Staff explained for the long-term Finance would remain at City Hall. If the Police Station moved to The
Grove, the Information Technology Department would use the space vacated by the Police Department.
Additionally, concern was raised regarding the lack of funding for a Fire Inspector.
Mr. Mackin explained that the architect provided potential costs and options for savings to the Committee.
The proposal for Fire Station #2 was for a steel building rather than a wood building. Ms. Seltzer further
explained the architect scated back the project using the existing footprint in order to apply for Stimulus
Money the City did not receive, City Administrator Martha Bennett clarified that the original project was
ASHLAND CITY COUNCIL MEETING
May 18. 20/0
Page 2 of7
significantly scaled back and designed for the long-term and would require tess maintenance cost. She atso
noted there has never been "sinking funds" for the tadder truck.
Councilor JacksonlNavickas m1s to accept the report and recommendations of the Pubic Safety Bond
Committee and direct staff to prepare an imptementation plan for Council review at a future meeting,
targeting May 2011 for a ballot measure for Fire Station No.2 as recommended. DISCUSSION:
Council thanked the Committee for their effort and work. Roll Call Vote: Councilor Jackson, Voisin,
Chapman and Navickas, YES. Motion passed.
Mr. Mackin stated that the Committee has offered to help in preparing the implementation of the General
Obligation Bond for Fire Station #2.
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Should Council approve continuance of First Reading of an ordinance creating a new Chapter
13.30, relating to the Advanced Financing of Public Improvements from May 18,2010 to August 3,
201O?
3. Does Council wish to confirm the Mayor's appointment of Jody Waters to the Housing Commission
with a term to expire April 30, 2011?
4. Will Council, acting as the Local Contract Review Board, consent to enter into a contract with
Footprint Recycling for collecting and recycling used cooking oil for a term to begin May 19,2010
and expire June 30, 2012, with the option to renew the contract for an additional 12 months?
5. Should Council approve continuance of First Reading of ordinances adopting Chapter 18.53
Croman Mill and related ordinances from May 18, 2010 to May 26, 201O?
Councilor Voisin/Jackson m1s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Gary Miller/ Access-3630 Aviation Way, Medford/Introduced himself as the Executive Director for Access
and provided an update on the services Ashtand r~sidents received in 2p09. Family and Senior Services
provide eviction prevention, housing the homeless, rental and energy assistance and had assisted] 5 households
in Ashland. The Access Housing programs ranging from housing counseling to weatherization helped 29
families in Ashland during 2009, Through Access Food Share, 236 household received food assistance.
Access also provides free use of medical equipment, crutches, wheel chairs, etc, to individuals. Another
program is Access Junior Achievement on financial literacy for children Kindergartin-l2'h grade that 55
students from Ashland participated in 2009. Access receives 70% of their funding through Federal Funds and
the remaining comes from property fees and fund raising,
UNFINISHED BUSINESS
I. Will Council authorize staff to implement the recommendations for the non-represeuted employees
found to be more than 5% below market in a recent study? [20 Minutes)
Item delayed due to the absence of Councilor Lemhouse and Silbiger.
2. Will Council, acting as the Contract Review Board, approve a contract with Visar Construction Co.
Inc., in the amount of $142,798.75 to construct the Liberty Street Local Improvement District
(LID)?
Public Works Director Mike Faught presented background inforination regarding the bid process for the LID.
He stated the lower bid was a $37,]21.25 reduction from the previous estimate. Staff was confident the low
bid woutd not generate future change orders.
ASHLAND CITY COUNCIL MEETING
May 18, 2010
Page 3 of7
Councilor Chapman/Jackson m/s to approve, with cause, a contract with Visar Construction Co. Inc. in
the amount of $142,798.75 for the improvement of Liberty Street under Assessment District No. 88.
DISCUSSION: Councilor Chapman noted that staff had reduced the amount over the cap the City was
responsible for from $30,000 to $7,500, Councilor Jackson commented on the process and staff's invotvement
with the property owners. Roll Call Vote: Councilor Chapman, Navickas, Voisin and Jackson, YES.
Motion passed.
3. Does Council wish to adopt the SOU Campus Master Plan update and approve First Reading ofthe
three implementing ordinances?
'\
Abstentions. Conflicts. Exparte Contact
Councilor Voisin declared a conflict of interest and requested Council to recuse her from the discussion.
Councilor Jackson/Chapman mls to recuse Councilor Voisin on this item. Voice Vote: all A YES. Motion
passed. .
Councilor Voisin left the meeting at 8:01 p.m.
Community Development Director Bill Molnar presented the staff report and explained the three ordinances
for the Southern Oregon University (SOU) Master Plan. One incorporated the SOU Mater.Plan into the
Comprehensive Plan. The second ordinance would update the Land Use Section Chapter 18,64 SOU Zoning
District referencing the new SOU Master Plan as the guiding document for the next 10 years. The third
ordinance modified the actual zoning district boundary to ensure onty properties under the ownership of SOU
or controlled by SOU were within the boundary of the zoning district. This ordinance removed seven
properties privately owned from the SOU boundary and returned them to adjacent residential zoning, Staff
requested an additional motion for an ordinance that would apply the detailed site review zone overlay to the
area between Walker A venue and Wightman Streets for the proposed multi-story mixed-use project.
Mr. Molnar clarified the normat process for a housing project included a site review approval that applied the
City's design standards for multi-family housing. SOU is bond by the same process. Because the projects are
within 50 feet ofprivatety owned propertY, it also triggers a Condition Use Permit (CUP) requiring additional
review. SOU proposed eleven additional standards for the housing projects as well.
City Attorney Richard Appicello read the ordinance title amending the Comprehensive Plan to adopt and
incorporate the SOU Master Plan atoud.
Councilor JacksonlNavickas mls to approve first reading and move to second reading the Ordinance
amending Ashland Comprehensive Plan to adopt and incorporate the updated SOU Master Plan.
DISCUSSION: Roll Call Vote: Councilor Jackson, Navickas and Chapman, YES. Motion passed.
Mr. Appicello read the ordinance title amending Chapter 18.64 to reference the SOU Master Plan aloud,
Councilor Chapman/Jackson m/s to approve first reading the Ordinance amending 18.64 to reference
current SOU Campus Master Plan and move to second reading. Roll Call Vote: Councilor Jackson,
Navickas and Chapman, YES. Motion passed.
Mr. Appicello read the ordinance title amending the Ashland Zoning Map aloud.
Mr. Molnar was not sure how the City Zoning Map included private properties in the SOU zoning area, The
maps were created in the early 1980's and updated by hand. The properties could have been mistakenly
included in the boundary. The GIS technology the City uses today reduces the margin for error substantially.
ASHLAND CITY COUNCIL MEETING
May 18, 2010
Page 4 of7
Councilor Navickas/Jackson m/s to approve first reading of Ordinance amending Ashland Zoning Map
to be consistent with the City of Ashland comprehensive plan designation for SOU properties in
accordance with the 2010 campus master plan and move to second reading.
Roll Call Vote: Councilor Jackson, Navickas and Chapman, YES. Motion passed.
Councilor Voisin returned to the meeting at 8:21 p.m.
Mr. Appicello stated the fourth ordinance for SOU regarding the detailed site review zone would be available
at the June I, 20 I 0 meeting.
NEW AND MISCELLANEOUS BUSINESS
l. Will Council accept the report ofthe Police Chief on crime in Ashland and the use offorce by the
Ashland Police Department?
Police Chief Terry Holderness presented the staff report that showed an ovemtl decrease in crime during 2009,
In 2009, there were 31 incidents of Use of Force, all considered low forms of physical force where Tasers and
pepper spray were not used. Part One Crimes, tracked by the Federal Bureau of Investigation (FBI) include
Homicide, Rape, Robbery, Aggravated Assault, Auto Theft, Larceny and Arson. There was a 20.3% reduction
in 2009.
The Ashland Police Department (APD) experienced a 37% clearance rate and the national average is 23%-
24%. Chief Holderness explained Incidents Related to Disorder address how safe people feel in their
neighborhood and that data is collected by tracking the number of calls the APD receives regarding fighting
and drug activities. Last year call volume decreased 24%. Domestic violence was not included in this category
because it is genemtly not a reportable crime,
Statistics for All Crime include crimes the APD would not have been aware had they not taken proactive
action, like drunk driving, showed an overall 27% decrease.
During 2009, there were seven reported rapes, down from II in 2008. The legal definition of rape is sexual
penetration, anything less is sexual assault. The APD worked 22 cases involving sexual assault in 2009. US
Department of Justice statistics show that only lout of every 7 -10 rapes are reported and for a college town
the size of Ashland there is more likely 50 unreported rapes a year. The Police Department currently provides
annual programs to seventh graders at the Middle School on binge drinking and sexual assault. A future goal
when resources permit is an internet victim program for High School students.
Philip Lang/758 B Street/Submitted and read a statement on an alleged incident of excessive use of force he
encountered with one Medford and two Ashland Police officers after his partner's death that resutted from
medical care she had received from Rogue Valley Medical Center. Charges brought against him due to the
incident were dropped prior to going to trial. He noted there were many incidents where APD Officers were
abusive and violent and was concerned that officers were not required to fill out incident reports for all their
involvements with citizens. He encouraged the Mayor and Council to request a detailed report regarding police
activities that included how the civil rights of citizens were respected and protected,
Chief Holderness clarified the total for use of force encounters applied to any incident and officers are required
to fill out a report anytime they use physical force, However, reports are not required every time they contact
someone. He went on to describe the harassment training all officers receive during basic training at the
academy, In 2009, APD went thr!lugh crisis intervention training, Ongoing training includes monthly tests on
appropriate use of force with hands on training occurring twice a year.
Chief Holderness was aware of the claim Mr. Lang filed with the City but had not met with Mr. Lang directly.
When a format complaint occurs, the Police Department assigns a Lieutenant or Deputy Chief to investigate
the claim and interview all involved parties. The Lieutenant or Deputy Chief presents the investigation to
ASHLAND CITY COUNCIL MEETING
May 18, 2010
Page 5 of7
Chief Holderness who determines if a policy viotation occurred. If there was a violation of Oregon State Law,
the Oregon State Police Department investigates the criminal aspect followed by an internal investigation by
the APD. In Mr. Lang's case, the officer in question left the department shortly after the alleged incident.
City Attorney Richard Appicello further eXplained Certified City County Insurance Services (CCIS)
investigated the case, denied Mr. Lang's claim and closed the file.
Councilor Navickas stressed the need for strong training for officers not to respond to the person they are
arresting and remain professional. Chief Holderness responded that in his history as an officer the APD has
shown more restraint than other agencies regarding arrest tactics,
Councilor V oisinlChapmau m/s to accept the report as presented. Roll Call Vote: Councilor Voisin,
Jackson, Chapman and Navickas; YES. Motion passed. '
2. Does Council have questions regarding staffs proposal to administratively approve a twelve month
extension to the RVTD/City of Ashland Reduced Fare Program Agreemeut?
Public Works Director Mike Faught provided the history on the fare reduction and bringing Route 5 back. The
anticipation was an increase in ridership when actually a 13,82% decrease in ridership occurred. There was not
sufficient data to determine the reason for low ridership. Speculation attributed the decline to the decrease in
fuel costs. Feedback from riders indicated a dislike in the direction Route 5 travelled. Originally, Route 5
traveled in the opposite direction of Route 15, Since its reinstatement, it travels in the same direction as Route
15. Citizens have suggested reversing Route 5 and staff agreed.
Council expressed concern on continuing the contract due to the high cost to the City and discussed removing
the fare reduction or the extra route and using those funds to subsidize the fare further.
Councilor Jackson/Navickas m/s to direct staff to extend the RVTD/City of Ashlaud Reduced Fare
Program Agreement as proposed by staff and reverse Route 5 direction. DISCUSSION: Councilor
Jackson was frustrated with the transit service, recognized that riders need access to the rest ofthe valley and
that the City cannot afford to subsidize it. She would support it this year but the system needed to improve and
be consistent. Councilor Chapman was also frustrated and noted that two years ago the City spent $100,000
for a professional opinion on how to improve transit. Last year R VTD guaranteed increased frequency would
result in an increase in ridership but this report countered that information. He would reluctantly support the
motion and stressed the need for a solution by next year. R VTD cannot provide the service the City requires.
Councilor Navickas supported the motion because of the consistency and thought there would be an eventual
increase in ridership. Councilor Voisin explained ridership would change when the Transportation Plan was
complete and did not support the motion. She suggested removing the loop service and using the $149,000 to
support current riders, Roll Call Vote: Councilor Chapman, Jackson and Navickas, YES; Councilor
Voisin, NO. Motion passed 3-1.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public
Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 2.52"?
City Attorney Richard Appicello read the ordinance title aloud and noted a typographical error. He also read
the following suggested language to Section 1. 2.50.020 Purpose: "The City shall endeavor to utilize local
suppliers of materials and services whenever practical and feasible while seeking to obtain the lowest.
and best responsible bid, quotation or proposal."
Matt Small/385 Cherry LanelReferred to a letter he submitted to the record supporting hiring local
businesses. The ordinance would give the City an opportunity to ensure City contracts go to local businesses.
He encouraged Council to support it and thought the additional tanguage utilizing local business was
ASHLAND CITY COUNCIL MEETING
May 18, 2010
Page 60f7
reasonable,
Staff clarified for purchasing "stuff' and capital construction projects the City was required under State law to
take the lowest responsible bid. This ordinance applied to Personal Services Contracts only and would
increase flexibility for those contracts. The primary purpose for public contracting laws is to promote open
and impartial competition.
Staff exptained the pre-qualified pool consisted of advertising annually for a Request for Proposal (RFP) for
the pre-qualified pool. It would limit the RFP process and provide the City with several qualified vendors to
initiate the biding process when needed. It costs the City approximately $7,000 for each RFP in staff time and
advertising. The process can take anywhere from two to five months. It was noted that currently half of the 14
contracts established with the City were local businesses.
Council and staff discussed the viability of having periodic reports on the number of Personal Service
Contracts with the total dollar amounts and how many were within the Rogue Valley. A suggestion was made
to reduce the limitation amounts from $75,000 to $50,000 to increase transparency. Council directed staff to
delete 2.50.120 Personal Services Contracts (I) Class Exemptions.
Mr, Appicello read changes to ordinance that would remove 2.50.120 Personat Services Contracts (I) Class
Exemptions.
Councilor Chapman/Jackson mls to approve Ordinance #3013 as amended.
Councilor N avickasN oisin m/s to amend the motion to reduce the limitation on Personal Services
Contracts from $75,000 to $50,000 through out the ordinance. DISCUSSION: Councilor Navickas
explained the amendment would address issues with transparency and allow Council to track more contracts.
Councilor Chapman supported retaining the amounts of$35,000 to $75,000 and thought lransparencycould be
achieved through reports. Councilor Jackson would not support the amendment because of the compression,
Roll Call Vote: Councilor Navickas and Voisin, YES; Councilor Chapman and Jackson, NO. Mayor
Stromberg broke the tie with a NO vote. Motion denied 2-3.
Roll Call on original motion: Councilor Navickas, Voisin, Chapman and Jackson, YES. Motion passed.
2. Should Council approve the First Reading of an ordinance titled, "An Ordinance Relating to Green
Burials at City Cemeteries and Amending AMC 2.64.160"?
City Attorney Richard Appicello read the ordinance title aloud. Maintenance Safety Supervisor Mike Morrison
explained in the past vaults were required in an effort to eliminate potential issues of soil sinking and settling.
Soil settling now was a manageable concern that staff could handte without using vaults.
Councilor JacksonlNavickas m/s to approve first reading and place on agenda for second reading of
Ordinance. Roll Call Vote: Conncilor Jackson, Navickas, Voisin and Chapman, YES. Motion passed.
3. Shoutd Council approve First Reading of an ordinauce titled, "An Ordinance Ratifying the
Emergency Communications of Southern Oregon Intergovernmentat Agreement and Declaring an
Emergency"?
City Attorney Richard Appicello read the full ordinance and the title for second reading aloud. Clarification
was made that the emergency clause was necessary in order to continue 911 services. The new agreement
would go into effect before the City could have two full readings and the 30-day wait for the ordinance to go
into effect.
Councilor Chapman/Jackson m/s to declare an emergency to enact the ordinance. Roll Call Vote:
Councilor Voisin, Navickas, Jackson and Chapman, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
May /8, 2010
Page 70f7
Councilor Chapman/Navickas m/s to approve first and second reading of Ordinance #3012.
Roll Call Vote: Councilor Voisin, Navickas, Chapman and Jackson, YES. Motion passed.
4. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to the
Disposal of Surplus Property"?
City Attorney Richard Appicello read the ordinance title aloud and explained it was a companion to the Public
Contracting ordinance,
Councilor ChapmanNoisin m/s to approve first reading and place on agenda for second reading. Roll
Call Vote: Councilor Chapman, Voisin, Navickas and Jackson, YES. Motion passed.
ADJOURNMENT
Meeting was adjourned at ]0:]5 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Meeting Minutes
May 5, 2010
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
CALL TO ORDER - REGULAR MEETING. 5:00 pm
Historic CommissiDners Present: Terry Skibby, Alex Krach, Keith Swink, Sam Whitford, Allison Renwick, Henry Baker
Commission Members Absent: Dale Shostrom, Tom Giordano
Council Liaison: Russ Sibilger
HiQh School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Planner: Derek Severson; Cleric Billie Boswell
APPROVAL OF MINUTES
Mr, Whitford moved to approve the April 7, 2010 minutes as presented and the motion was seconded by Mr. Baker. Mr. Swink
abstained due to being absent. The minutes were approved unanimously by the remaining Commissioners,
PUBLIC FORUM: There being no one wishing to speak, Chairman Shostrom closed the Public Forum,
NEW BUSINESS:
A. Housing Type Assessment Update - Pat Acklin, SOU. Ms, Acklin provided an update to the Housing Type Assessment
study being done by her class, The students identified 15 study areas throughout the City by era developed and divided them
up between themselves. The students cataloged each study area by the predominate architectural styles and did a Powerpoint
presentation with graphs and pictures to the Historic Commissioners. Ms. Acklin shared that after the results were finalized by
Tom Hubka, they would be compiled into a book and would also show examples of "good' and "bad' remodels. The
Commissioners were very impressed by the presentation and asked if they could receive a copy when the book is completed,
PUBLIC HEARING:
PLANNING ACTIONS: 2010-00218
SUBJECT PROPERTIES: 635 SiskiYDU Blvd.
APPLICANT: Helen Larson Trust / Steven Larson
DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a two-unit Traveler's
Accommodation (including an owner's unit plus one guest unit) for the prDperty located at 635 Siskiyou Blvd.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R.2; ASSESSOR'S MAP#: 391E
09 DB; TAX LOT: 14600
Chairman Shostrom revealed he had worked for the owners to design a previous remodel but felt he could fairly review this
project. There were no objections from the other Commissions nor from the applicants or the audience. Chairman Shostrom
confirmed there were no ex parte contacts or any conflicts of interest among the remaining Commissioners.
Mr, Severson said the home had previously been a Traveler's Accommodation until 2002 when it was converted back to a single
family residence. Mr, Skibby asked about changes and there will be no changes to the exterior, landscape or driveway. The
owner, Steve Larson, explained that they were trying to defray costs in order to keep the home in the family. Mr. Watkins asked
the owner about signage and was told it would probably be mounted on the railing in the front of the house and would be
designed to match. Mr. Skibby related that there originally was a bay window that was removed when the house was moved to
its current location. There being no further questions and no one in the audience to speak, the public hearing was closed.
Mr, Whitford made a motion to recommend approval of the project as presented. Mr, Baker seconded the motion and it was
approved unanimously.
OLD BUSINESS:
Ashland Historic Commission Minutes
5/26/2010
CIT.Y OF
. ASHLAND
A. Historic Preservation Week ("Old is the New Green" May 9-15~) - Ms. Boswell updated the Commissioners on the Open House.
Adam Hanks is working with the Chamber of Commerce to coordinate their plan for open houses with ours. We are hoping to get a
list from them soon to create a brochure. The Award ceremony is confirmed to be held at the Community Center on Tuesday, May
11 ~ at noon. We have the room from 11 :30 - 2:00 pm, Ms, Boswell reminded the Commissioners to get their "blurbs" in by the end
of the week, Ms. Boswell agreed to write up the blurbs for the 3 authors. Terry agreed to get pictures submitted by April 26, 2010.
Ms. Boswell agreed to write up the blurbs for the 3 authors.
B, Review Board Schedule
Te
Te
Te
Te
Te
C, Project Assi nments for Planning Actions - No oroiect assionments were made.
BO-2007-01764 160 Helman (Batzer-Comm BldgillExnires 5/26/101 Shostrom/Giordano
PA-2007-01939 175 Lithia Wy (formerly 165 Lithia) Archerd & Oresner-Mixed Use Bldg - (Expires
7/25/10) Renwick
BO-2009-01288 165 W Fork - New SFR on hillside (Ashley Jensen) (Pennit ready to issue) SwinklShostrom
BO-2009-00711 568 E Main St (McKechnie) Cucina Biazzi enclosed dining area (Permit approved-nol
issued; eXDires 8/10/10. \ SkibbV
PA-2009-00551 426 A St (Sidney Brown) Mixed Use Bldg (No pennit vet; expires 8/28/10) Giordano
BO.2009-01226 155-157 Sixth St (Renwick) Addition (under construction) Whitford
PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear (No permit yet; expires 8/27/10.! Swink
PA-2009-01520 163 N Pioneer lIntatto Coffee) Coffee shoo & roaster lundereonslruelion! Shostrom
PA-2010-00069 175 N Pioneer (Deli) Terrell Shostrom
DISCUSSION ITEMS:
A. CLG Grant Update - Mr, Severson said the request for the grant to update the Historic Oesign Standards for $15,360 will go
to City Council on April 20, 2010,
B. Mr. Watkins informed the Commissioners that he is not renewing his position on the Historic Commission and that this was
his last full Commission meeting. He would do the Review Board on April 15lh, Several Commissioners thanked Jim for his
participation and contributions, Ms, Renwick said she was aware of a neighbor who may be interested in joining the
Commission and would let her know of the opening,
C, Gun Club Lease - Mr. Whitford asked about the 1-year lease extension granted to the Ashland Gun Club by the City
Council. Mr, Severson said it allowed further environmental studies for contamination, He also said that Public Works had
contacted the Gun Club about the debris buming issue and they won't do it again. It was recommended that George Kramer
help to design information signs to be put up.
ADJOURNMENT
It was the unanimous decision of the Commission to adjoum the meeting at 6:55 p,m,
(
Ashland Historic Commission Minutes
5/2612010
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Lab Services Agreement with the Oregon Department of
Environmental Quality (DEQ)
June 1,2010 Primary Staff Contact:
Public Works/Wastewater E-Mail:
Finance Secondary Contact:
Martha Benne Estimated Time:
Mike Faught
faughtm@ashland.or.us
David Gies
Consent
Question:
Will the Council approve a laboratory services agreement with the Oregon Department of
Environmental Quality for required testing under Senate Bill 737 for potential contaminants that have
been designated priority persistent pollutants? The agreement, which expires on June 30, 2011, will
cover testing of two sets of samples for a one time cost of$14,550.00.
Staff Recommendation:
Staffrecommends that the Council approve a lab services agreement with the Oregon Department of
Environmental Quality to test for the 118 identified priority persistent pollutants, and authorize the
City to pay the one time $14,550.00 cost.
Background:
In 2007 the Oregon Legislature passed Senate Bill 737 which requires Oregon's 52 large municipal
wastewater treatment plants to develop plans by 2011 for reducing priority persistent pollutants
through pollution prevention and toxics reduction.
Historv
Many Oregonians are concerned about the health of Oregon's rivers and people who use them. There
is a growing concern about persistent pollutants that come from a wide variety of sources that linger in
the environment and have a documented effect on human health, wildlife and aquatic habitat. Our
communities use and dispose of literally thousands of chemicals resulting from manufactured goods
we use and consume, choices we make in our daily routines, and products available at stores around
the state. Many of these chemicals end up in our aquatic systeqls, such as rivers, where they persist and
travel up through the food chain, in some cases having ongoing impacts to humans and the
environment. To date, Oregon has not comprehensively evaluated which of these pollutants should be
a priority for strategic action.
The 2007 Oregon Senate Bill 737, required DEQ to consult with all interested parties by June 2009 to
develop a list of priority persistent bioaccumulative toxics (Priority Persistent Pollutant List) that have
a documented effect on human health, wildlife and aquatic life.
DEQ's Final P3 List identified 118 persistent pollutants, divided into two categories that persist in the
environment or accumulate in animals. All of the pollutants on the list have potential to cause harm to
human healtp or aquatic life if they get into the water and thereby have the potential to pose a threat to
Oregon's waters. Some are known carcinogens, and others are thought to disrupt endocrine functions,
Page 1 of2
~
~.l'
CITY OF
ASHLAND
The list includes both well-studied pollutants that people have worked to reduce for many years, and
those for which little information exists.
The 52 largest municipal wastewater treatment plants will begin testing their effluent for priority
persistent pollutants, These sampling efforts will enable municipalities to determine whether any of the
trigger levels have been exceeded and if so, prepare and submit reduction plans by the July 2011
deadline. DEQ is working with municipalities to plan coordinated sampling and analysis.
Due to the complexity of many of these identified pollutants not all laboratories are able to test for
them. This agreement is between the City of Ashland and the Oregon State Department of
Environmental Quality's laboratory to test for the identified constituents.
DEQ notified the City of Ashland, dated March 10, 2009 that they were going to require that two sets
of samples be taken. The cost for each set will be $7,275.00 for a total of$14,550.00. The first
sample is slated to be taken in July of this year (2010). The second has not been determined yet.
Funding for this testing has been included in the 2010-11 budgets,
Related City Policies:
The Council established policy for approval of IGA's and requires that the original IGA be approved
by Council and that subsequent renewals may be approved by the City Administrator,
Council Options:
. The Council may approve or reject the attached lab services agreement with the Oregon
Department of Environmental Quality,
Potential Motions:
. Move to approve the attached lab services agreement with the Oregon Department of
Environmental Quality
. Move to delay or deny approval of the lab services agreement with the Oregon Department Df
Environmental Quality
Attachments:
. Lab Services Agreement
Page 2 of2
~~,
DEQ Agreement # R020-10
LAB SERVICES AGREEMENT
Analysis of P3 List Compounds
This Agreement is between the City Of Ashland (City), and the State of Oregon, acting by and through its DeDartment of
Environmental QualllY (DEQ).
City Contact Data DEQ Contact Data
City Contact: Terry Ellis DEQ Contact: Greg Pettit
City Of Ashland Dept Environmental Quality
90 N Mountain Ave Laboratory & Environmental Assessment Division
Ashland OR 97520-2014 3150 NW 229~ # 150
Hillsboro OR 97124
Phone: 503-693-5705
1. Background The 2007 Oregon Legislature passed Senate Bili 737 (SB 737). SB 737 directed DEQ to compile a prioritized list
of persistent poliutants in Oregon waters. DEQ developed a prioritized list (P3 List) that includes 118 persistent poliutants. SB
737 requires that by Juiy 1, 2011 the 52 largest waste water treatment plants in the state must develop plans for reducing the
persistent poliutants and effluent sampling is needed. Commercial anaiytical capabilities are not readily available for many of the
compounds on the list The DEQ Laboratory has acquired the analytical capabilities to analyze for these compounds as a result of
its ongoing toxics monitoring programs. This Agreement outlines the process and requirements related to the DEQ's analysis of
water quality samples submitted by or on behalf of the City for the persistent pOliutants included on the P3 List
2. Authority DEQ has authority under ORS 468.035 (l)(b) to conduct and prepare, independently or in cooperation with others,
studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state, and under
ORS 468.035 (l)(d) may enter into contracts necessary to carry out those purposes.
3. Effective Date and Duration This Agreement is effective on the date of the last required signature. Unless earlier terminated
or extended, this Agreement expires June 30. 2011.
4. Statement of Work DEQ wili conduct laboratory anaiysis on 2 sets of water samples (Samples) submitted by or on behalf of the
City. The Sample coliection and analysis must comply with the requirements outlined in the Quality Assurance Project Plan and
Sampling and Analysis Plan approved by DEQ. The Samples must be submitted to the DEQ Laboratory at 3150 NW 229~
Avenue Suite 150 Hilisboro OR on dates and times determined in advance by DEQ. The dates and times for the Sample
submittals will be included in the Quality Assurance Project Plan. DEQ will submit an Analysis Report to the City for each set of
Samples submitted to the DEQ within sixty (60) days of DEQ's receipt of the Samples.
5. Consideration DEQ wili submit invoices to the City after issuance of each of the Analysis Reports. The City wili pay DEQ
$5,975 for the first Sample set submitted and anaiyzed by DEQ within 30 days of receipt of an invoice. The City will pay an amount
not to exceed $6,975 for the second Sample set submitted and analyzed by DEQ within 30 days of receipt of an invoice. The
maximum, not-to-exceed compensation payabie to DEQ under this Agreement is $13,950.
6. Agreement Documents This Agreement consists of this document and the attached Exhibit A.
7. Amendments The terms of this Agreement may not be waived, altered, modified, supplemented, or amended, in any manner
whatsoever, except by written instrument signed by both parties. If the maximum compensation amount is increased by
amendment of this Agreement, the amendment must be fuliy effective before DEQ performs work subject to the amendment No
payment wili be made for any services performed before the effective date or after the expiration date of this Agreement
8. Termination This Agreement may be terminated by mutual consent of both parties, or by either party upon 30 days written notice
to the other party. This notice may be transmitted in person, by mail, facsimile, or EmaiL If this Agreement is terminated under
Section 8, the City must pay DEQ for authorized work performed but not yet paid.
9. Funds Available and Authorized The City certifies at the time the Agreement is written that sufficient funds are avaiiable and
authorized or wili be available and authorized for expenditure to finance costs of this Agreement DEQ understands and agrees
payment of amounts under this Agreement is contingent on City receiving appropriations, iimitations, aiiotments or other
expenditure authority sufficient to allow City, in the exercise of its reasonable administrative discretion, to continue to make
payments under this Agreement
10. Captions The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope
or intent of any provisions of this Agreement
1
11. Compliance with Applicable Law. DEQ will comply with all federal, Oregon, and local laws, regulations, rules, orders and
ordinances applicable to this agreement
12. No Third Party Beneficiaries. The State of Oregon and the City are the only parties to this Agreement and are the only parties
entitled to enforce the terms of this Agreement Nothing in this Agreement gives, is intended to give, or shall be construed to give
or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third
persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the
terms of this Agreement The City and DEQ are intended beneficiaries of the terms of this Agreement
13. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be illegal or otherwise invalid,
the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if this Agreement did not contain the particular provision held to be invalid.
14. Survival. Sections 5, 8 and 13 of this Agreement shall survive termination or expiration of this Agreement
15, Merger Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN
WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDiNG
THIS AGREEMENT. ALL PARTIES, BY THE SIGNATURE BELOW OF THEIR AUTHORIZED REPRESENTATIVES, HEREBY
ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREESTO BE BOUND BY ITS
TERMS AND CONDITIONS.
'~~iL~
Printed Name I Title: ~ . >~I
b~/o
Date
fUtu.t~
Approved by DEQ:
s/2-d to
Greg Pettit
2
EPA 1694
Chlordane, trans-
DDD,4,4'-
DDE,4,4'-
DDT, 4,4'-
Dieldrin
Endrin
Heptachlor
Heptachlor epoxide
Hexachlorobenzene fHCBl
Hexachlorocyclohexane, alpha-
Hexachlorocyclohexane, beta- {ED}
Hexachlorocyclohexane, gamma- fLindane 1
Isodrin
Mirex
Nonachlor, cis-
Nonachlor, trans-
Oxychlordane, sin~le isomer
Trichlorophenol, 2,4,5-
Trichlorophenol, 2,4,6-
Pendimethalin
Roxithromycin
Pimozide
Triclosan f2,4,4'-trichloro-2'-hydroxydiphenyl etherl
Galaxolide [HHCB]
Tetrabromobisphenol A [TBBPA]
Fipronil
Linuron
Diethylstilbestrol (ED}
Sitostanol, beta- [Sti~mastanoIlIED}
Sitosterol, beta- (ED}
Cholesterol
Coprostanol
2,3,7,8-TCDD las TEQ}
Perfluoroheptanoic acid rPFHpA 1
Perfluorononanoic acid IPFNAl
Perfluorooctane sulfonamide fPFOSAl
Pertluorooctane sulfonic acid fPFOSl
Perfluorooctanoic acid fPFOAl
PBDE-047 [2,2',4,4'- Tetrabromodiphenyl ether1
PBDE-099 [2,2' ,4,4' ,5-Pentabromodiphenyl ether]
PBDE-lOO [2,2' ,4,4' ,6-Pentabromodiphenyl ether]
PBDE-153 [2,2',4,4'.5,5'-hexabromodiphenyl ether]
PBDE-209 fdecabromodiphenyl ether]
Musk indane
Musk ketone
Musk tibetene
Musk xylene
Cyclopentasiloxane, decamethyl- fD51
Cyclotetrasiloxane, octamethyl- fD41
Dinoseb
PCB-028 [2.4,4'-trichlorobiphenyll
PCB-052 [2,2',5,5'-tetrachlorobiphenyIl
PCB-On [3.3',4,4'-tetrachlorobiphenyll
PCB-081 (3,4,4',5-tetrachlorobiphenyl)
PCB-lO 1 [2,2',4,5,5'-pentachlorobiphenyll
PCB-105 [2,3,3',4,4' -pentachlorobiphenyIl
PCB-114 [2.3,4,4',5-pentachlorobiphenyll
PCB-118 [2,3',4,4'.5-pentachlorobiphenyl]
PCB-123 f2',3,4,4',5-pentachlorobiphenyll
PCB-126 [3,3',4,4' ,5-pentachlorobiphenyIl
PCB-138 [2,2',3,4,4',5'-hexachlorobiphenyll
PCB-i53 [2,2',4,4',5,5' -hexachlorobiphenyll
PCB-l 56 f2,3,3 ',4,4',5-hexachlorobiphenyIl
PCB-I 57 [2,3,3 ',4,4',5' -hexachlorobiphenyll
PCB-167 [2,3',4,4',5,5' -hexachlorobiphenYIl
PCB-169 [3,3',4,4',5,5' -hexachlorobiphenyll
PCB-180 [2,2',3,4,4',5,5'-heptachlorobiphenyl]
PCB-189 [2,3,3',4,4',5,5' -heptachlorobiphenyl]
Bis (tributyltin) oxide [TBTO, hexabutyldislannoxane]
EPA 1694 Nee
EPA 8321
EPA 1698
EPA 1613
EPA 537
EPA 1614
GCIMS
GCIMS
SM 6640
EPA 1668
EP A 8323
4
EXHIBIT A
LAB SERVICES AGREEMENT
Analysis of P3 List Compounds
DEQ will approve a Quality Assurance Project Plan (QAPP) and a Sampling and Analysis Plan (SAP) for the sample collection and
analysis prior to sample collection. The QAPP specifies the methods by which the samples will be collected, submitted, and analyzed;
the specific quality assurance procedures including duplicate samples, field blanks, matrix spikes and other quality assurance samples
that may be analyzed to validate and characterize data quality; the data quality objectives, and the procedures for data quality review.
The target list for analytes and the proposed methods for analyses to be included in the QAPP is included below. Changes to the list
may be made as a result of method validation results. The approved QAPP will include the final list of analytes and methods.
DEQ will provide an Analysis Report to each permittee that: (1) reports concentrations of each P3-listed pollutant in their effluent
sample; and (2) lists the trigger levei for each pOllutant These results will be uploaded into DEQ's Laboratory Analytical Storage and
Retrieval (LASAR) database, which is available to the public. In the process of running the methods to analyze for the P3 pollutants,
analytes routinely included in these methods analyses but not on the P3 List may be detected. DEQ will report any analytes detected
above the laboratory's level of quantitation in a separate report. DEQ will review this information in a joint meeting with interested
facilities and ACWA members in November 2010 prior to uploading the data into DEQ's LASAR database. DEQ will meet again with
interested facilities and ACWA members in 2011 once the data are available following the winter sampling event The additional
analytes may inciude a variety of parameters which mayor may not be relevant for the individual facilities. Parameters may include
those for which the facility has existing permit effluent limits or for which the facility does not have permit limits but for whicl1there are
water quality standards. Additional anaiytes may also include parameters for which there are not appiicable standards and for which the
facility does not have effluent limits.
Method
EPA 1630
EP A 200.8 Diss
EPA 200.8 Total
EP A 8270
Aoalyte
Methylmercury [1+ iool
Arsenic r dissolvedl
Cadmium Compounds fdissolvedl
Lead Compounds fdissolved]
Selenium Compounds hotall
Prochloraz lED}
Tris-(l,I-dimethylethyl}phenol, 2,4,6- fAlkofen B1
Benzotrichloride ftrichloromethylbenzenel
Bifenthrin
Deltamelhrin fdecamethrin]
Hexabromocyclodecane fHBCDl
Hexachlorophene
Lambda-cyhalolhrin
Myclobutanil
Octachlorostyrene
Pentachloroanisole f2,3,4,S,6-PentacWoroanisole 1
Chlordecone (Kepone 1
Heptachloronaphthalene
Hexachloronaphthalene
Pentachloronaphthalene
Pentachloronitrobenzene
Tetrachloronaphthalene
Trichloronaphthalene
Dicofol
Pentachlorobenzene
1ndeno(I.2.3-cd}pyrene
Anthracene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b )fluoranthene
Benzo(~,h,i)perylene
Benzo(k)fluoranthene
Chlorpyrifos (Lorsban, Dursban)
Chrysene fbenzo(a)phenanthrene]
Decafluorobiphenyl
Diazinon
Dibenz(a,h)anlhracene
Endosulfan sulfate
Esfenvalerate
Fluoranthene fBenzo(j,k)fluorene1
Methylphenanlhrene, 1-
Methylpyrene, 1-
Oxyflnorfen
Phenanthrene
Pyrene
Terphenyl, p-
Trifluralin
Chlordane, cis-
3
CITY OF
ASHLAND
Council and Commission Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
City of Ashland and Ashland Parks & Recreation Commission Memorandums of
Understanding - FY 2010 & FY 2011
June 1,2010 Primary Staff Contact:
Administrative Services E-Mail:
Parks & Recreati Secondary Contact:
Martha Benn Estimated Time:
Lee Tuneberg
tuneberl(ci)ashland.or. us
Don Robertson
Consent
Question:
Does the Council have any questions regarding the agreement between City and Parks approved for the
FY 2010 budget at the February 8th Joint meeting or on the updated agreement for FY 2011?
Staff Recommendation:
Staff recommends that Council approve the agreement regarding operational issues and budget impacts
for FY 2011.
Background:
.The City and Parks have shared operations and costs for many years. The shared costs were reflected
in the annual budget each year. Ifthere were other costs or services to be shared, staff worked out the
terms on an ad hoc basis. If the sharing was meant to be on a longer term basis it was added to the
agreement in the subsequent year. Examples are landscape maintenance, mowing, building use, park
patrol and now the vehicle maintenance/shops integration.
The FY 2010 agreement approved in February needed a few minor wording corrections and signing at
this point is only ratification of the approval for this year. The FY 2011 MOU is consistent with what
was discussed and approved for this year and the approved budget.
The FY 2011 MOU is scheduledJor Parks approval at.their June 21st meeting. Acceptance by both
entities will meet the audit requirement identified in recent years.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Potential Motions:
Move to ratify the FY 2010 Memo of Understanding between City and Parks and to approve the FY
2011 Memo of Understanding for shared services.
Attachments:
FY 2010 MOU
FY 2011 MOU
Page I of 1
rtl1
MEMORANDUM OF UNDERSTANDING
CITY OF ASHLAND AND ASHLAND PARK AND RECREATION COMMISSION
FY 2009-2010
Agreement made this _8th_ day of _February_, 2010, between the City of Ashland ("City") and the
Ashland Park and Recreation Commission ("Parks") and effective for the current adopted budget.
RECITALS
A. Local government may enter into agreements for the performance of any and all functions
and activities that any party to the agreement, its assigned personnel or agents have authority to
pe rform.
B. City and Parks have successfully shared the cost of operations and staff at various leyels
including the use, operation and maintenance of facilities, landscaping, accounting and repair work for
many years and desire to share resources and work collaboratively to jointly maintain and manage
facilities, grounds and cooperatively provide services.
C. City and Parks desire to formalize their commitment by entering into this agreement in the
spirit of cooperation and with the understanding that the facilities and grounds shared and maintained
and service provided will be done to provide cost savings and economies of scale to both parties.
D. Attached as Exhibit A is a summary list of services provided between agencies for
FY 2009-2010.
E. City and Parks may agree to provide other services to one another, or to cost share other
services, as part of this agreement without prior revision. Changes in identified services, service
levels, payment for service~ and additional services will be agreed upon administratively and in writing
in advance of providing the service. The specifics of such changes will be addressed in the next
revision of this agreement if warranted.
The City and Parks agree:
1. Internal Services. The City provides Parks with administrative services via the Central Service,
Insurance Service', Equipment funds and Facilities Division. These services include Administration
and oversight, Legal, Human Resources, Risk Management, Budgeting, Purchasing, Accounting &
Financial Reporting, Computer and Telephone Technology, Facilities Maintenance and other services
as needed. The listed services are annually calculated and allocated based upon estimated benefit
received to all departments of the City and Parks is charged their prorated share.
2. Other Services and Staff. Services are routinely provided between the City and Parks to meet
various needs on an ongoing and sometimes on an ad hoc basis. Unless otherwise indicated, these
services are treated as revenue and expenses in the budget in the General Fund and Parks and
Recreation Fund on a monthly basis. The following list identifies the agreed upon services for FY
2009-2010:
2.1. Central Area Patrol - The City Police Department provides security patrols to Lithia Park,
Plaza area and the City is reimbursed by Parks for 50% actual wages to a cap of $51,000.
1-
2.2. Park Patrol - The City Police Department provides security patrols to Lithia and the outlying
park areas during April - October. Parks pays 100% of salaries to a limit of $20,000. The
Police Department provides the equipment.
3. Facilities and Structures. Services are routinely provided between the City and Parks to meet
various needs on an ongoing and sometimes on an ad hoc basis. The following list identifies the
agreed upon services for FY 2009-2010:
3.1. Community Center & Pioneer Hall - The City reimburses Parks on maintenance and
repair costs for agreed upon work. Parks provides all custodial labor and supplies for the
Community Center and Pioneer Hall; handles small repairs such as fixing faucets, drapery
hanging, and landscaping such as planting flowers, weed control, and shrub pruning. Parks
also handles all scheduling and coordination for the buildings. In return, Parks receives and
keeps all rental revenues from the facilities. All capital improvements such as roof repair,
painting, and floor refinishing and replacement are the responsibility of the City.
3.2. Band Shelter - The City pays the Parks for maintaining and repairing the shelter as
needed within the budgeted $4,800 ($1,200 per quarter). Maintenance involved at the band
shell including cleaning and setting of park benches; cleaning the stage and storage areas.
Parks is responsible for all landscaping in the band shell area. All capital repairs including
painting, electrical, doors, and structural work are responsibility of the City.
3.3. The Grove - Parks coordinates access to the building and schedules. The City provides
maintenance and repair work. Revenues for events accrue to Parks but some costs may be
shared between agencies to minimize the impact.
4. Landscaping and Grounds Maintenance. Services are routinely provided to the City by Parks to
meet various needs on an ongoing and sometimes on an ad hoc basis. These services are treated as
revenue and expense between funds with a $174,568 annual limit. The following list identifies the
agreed upon services for FY 2009-2010:
4.1. The Plaza & Downtown Entry Areas - The City pays Parks to maintain lawns and plants
in the Plaza and entry areas to downtown. Parks provides all landscaping and irrigation
maintenance at The Plaza, north entry, downtown. This includes all plant pruning, weeding,
flower replacement and minimal tree pruning for visibility and safety, turf mowing and care,
irrigation scheduling and testing repair as necessary. Any capital repairs such as planter
replacement, complete removal, and large structural pruning of downtown trees is the
responsibility of the City.
4.2. Siskiyou Boulevard & Ashland Street - The City pays Parks to maintain the plants and
mow grass on these streets. Parks is responsible for all mowing, edging, fertilizing of turf, weed
control in beds, pruning and replacement of occasional shrubs, litter pickup on a routine basis,
and flowers replanted according to season, as well as irrigation scheduling and repairs as
needed. Any major rework or complete change will be the responsibility of the City.
4.3. Airport - The City pays Parks to mow the grass at the airport. Parks is responsible for
mowing areas around runway, taxi-way and hangar facility, as well as landscaping around FBO
2-
building, including lawn area, shrubs, pruning, flower replacement, and irrigation scheduling and
repairs as needed. (See map)
4.4. Substations - The City pays Parks to mow grass at substations. At the substation on North
Mountain Avenue the City pays Parks to maintain shrubs, control weeds, and irrigation
scheduling and repairs as needed.
5. Fleet Maintenance. The City will provide fleet maintenance and repair for Parks and charge for
services in a manner consistent with City Departments. Fleet operations overhead will be allocated to
Parks in a prorated share based upon number and type of vehicles/equipment to be maintained and
shared benefit of the Division. City will accept Parks employees dedicated to their shop program. City
will maintain transferred positions for at least one year and employ transferred employees for as long
as it is feasible based upon operations, budget and performance.
6. Other Services. The City and Parks will, on occasion, need to trade services or share costs and
any sharing of expenses or potential payment of fees for those services will be negotiated at that time.
7. Length of Agreement. The term of this Agreement shall commence on July 1, 2009, and continue
for a period of one year. It will automatically renew on an annual basis unless terminated by either
party per this section. The City and Parks shall periodically review this Agreement and modify it as
they mutually agree to be appropriate during the year. Changes in services and/or responsibility for
costs or revenues will be agreed upon annually as part of the budget process prior to a proposed
budget is submitted to the Budget Committee. Changes to the proposed services may be done during
the budget process with mutual agreement.
8. Termination. Neither party may terminate this Agreement for a breach by the other party without
first providing the other party written notice of the specific nature of the alleged breach and a
reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30
days or such other lesser or greater time as is appropriate given the nature of the breach and the time
necessary to cure it. Annual renewal of this agreement will occur unless either party provides written
notice during the budget process but no later than 60 days prior to the start of a fiscal year.
CITY OF ASHLAND
ASHLAND PARKS AND RECREATION COMMISSION
By:
Title:
Date:
By:
Title:
Date:
3-
MOU Exhibit A for FY 2009-2010
DEPTfORG FY 2009-2010 Method of
SERVICE ACTIVITIESITASKS PROVIDER WHO PAYS AMOUNT Calculation
All Administrative
functions including but
not limited to Human
Resources. Legal, City of Ashland -
Recording, Treasury, Applicable
Purchasing, Technology, Departments in
Risk Management, Internal Service Prorated share
Internal Services - General Facilities, etc. Divisions Parks $309,000 established in budget
Accounting functions City of Ashland Prorated share
including but not limited Admin established in budget
Internal Services - Finance to financial reporting, GL, Services/Finance included in internal
& Accounting PR, AR, AP Department Parks Included above services charge
Maintains Downtown
Central Area Patrol Area Security Police Parks $51,000
Park Patrol Maintains Park Security Police Parks $20,000
City of Ashland
Building maintenance Admin
functions agreed upon Services/Finance Prorated share
Facilities Maintenance annually Department Parks $44,000 established in budget
Prorated share
established in budget.
Liability, Auto and Property Workers Compensation premiums & daims
Insurance-Parks Insurance City of Ashland Parks $40,000 cost.
Workers Compensation Workers Compensation Paid with payroll per
Insurance-Parks Insurance Parks As calculated state required rates
City of
Ashland
Band Shelter Maintenance Parks Maintenance $4,800 Set amount
Public Works-
Airport Mowing Maintenance Parks Airport $4,160 Set amount
Substation Mowing Maintenance Parks Electric $1,000 Set amount
Substation, Fire Public Works- $144,568 for grounds
Boulevard/Plaza landscape and airport Street & Fire maintenance and
Maintenance mowing Parks Dept. $30,000 for supplies
Maintains Park Fleet &
Fleet Maintenance Related Equipment City of Ashland Parks New in FY 2010 TBD
C:\DOCUME-1\shipletd\lOCAlS-1\Temp\XPGrpWise\MOU Exhibit A FY 2009-2010_1.xls IGA Svc Table
5/25/20103:04 PM
MEMORANDUM OF UNDERSTANDING
CITY OF ASHLAND AND ASHLAND PARK AND RECREATION COMMISSION
FY 2010-2011
Agreement made this _ day of , 2010, between the City of Ashland ("City") and the
Ashland Park and Recreation Commission ("Parks") and effective for the next adopted budget.
RECITALS
A. Local govemment may enter into agreements for the performance of any and all functions
and activities that any party to the agreement, its assigned personnel or agents have authority to
perform.
B. City and Parks have successfully shared the cost of operations and staff at various levels
including the use, operation and maintenance of facilities, landscaping, accounting and repair work for
many years and desire to share resources and work collaboratively to jointly maintain and manage
facilities, grounds and cooperatively provide services.
C. City and Parks desire to formalize their commitment by entering into this agreement in the
spirit of cooperation and with the understanding that the facilities and grounds shared and maintained
and service provided will be done to provide cost savings and economies of scale to both parties.
D. Attached as Exhibit A is a summary list of services provided between agencies for
FY 2010-2011.
E. City and Parks may agree to provide other services to one another, or to cost share other
services, as part of this agreement without prior revision. Changes in identified services, service
levels, payment for services and additional services will be agreed upon administratively and in writing
in advance of providing the service. The specifics of such changes will be addressed in the next
revision of this agreement if warranted.
The City and Parks agree:
1. Internal Services. The City provides Parks with administrative services via the Central Service,
Insurance Service, Equipment funds and Facilities Division. These services include Administration
and oversight, Legal, Human Resources, Risk Management, Budgeting, Purchasing, Accounting &
Financial Reporting, Computer and Telephone Technology, Facilities Maintenance and other services
as needed. The listed services are annually calculated and allocated based upon estimated benefit,
received to all departments of the City and Parks is charged their prorateg share.
2. Other Services and Staff. Services are routinely provided between the City and Parks to meet
various needs on an ongoing and sometimes on an ad hoc basis. Unless otherwise indicated, these
services are treated as revenue and expenses in the budget in the General Fund and Parks and
Recreation Fund on a monthly basis. The following list identifies the agreed upon services for FY
2010-2011 :
2.1. Central Area Patrol - The City Police Department provides security patrols to Lithia Park,
Plaza area and the City is reimbursed by Parks for 50% actual wages to a cap of $51 ,000.
1-
2.2. Park Patrol - The City Police Department provides security patrols to Lithia and the outlying
park areas during April - October. Parks pays 100% of salaries to a limit of $20,000. The
Police Department provides the equipment.
3. Facilities and Structures. Services are routinely provided between the City and Parks to meet
various needs on an ongoing and sometimes on an ad hoc basis. The following list identifies the
agreed upon services for FY 2010-2011: .
3.1. Community Center & Pioneer Hall - The City reimburses Parks on maintenance and
repair costs for agreed upon work. Parks provides all custodial labor and supplies for the
Community Center and Pioneer Hall; handles small repairs such as fixing faucets, drapery
hanging, and landscaping such as planting flowers, weed control, and shrub pruning. Parks
also handles all scheduling and coordination for the buildings. In return, Parks receives and
keeps all rental revenues from the facilities. All capital improvements such as roof repair,
painting, and floor refinishing and replacement are the responsibility of the City.
,
3.2. Band Shelter - The City pays the Parks for maintaining and repairing the shelter as
needed within the budgeted $4,800 ($1,200 per quarter). Maintenance involved at the band
. shell including cleaning and setting of park benches; cleaning the stage and storage areas.
Parks is responsible for all landscaping in the band shell area. All capital repairs including
painting, electrical, doors, and structural work are responsibility of the City.
3.3. The Grove - Parks coordinates access to the building and schedules. The City provides
maintenance and repair work. Revenues for events accrue to Parks but some costs may be
shared between agencies to minimize the impact.'
4. Landscaping and Grounds Maintenance. Services are routinely provided to the City by Parks to
meet various needs on an ongoing and sometimes on an ad hoc basis. These services are treated as
revenue and expense between funds with a $182,396 annual limit. The following list identifies the
agreed upon services for FY 2010-2011:
4.1. The Plaza & Downtown Entry Areas - The City pays Parks to maintain lawns and plants
in the Plaza and entry areas to downtown. Parks provides all landscaping and irrigation
maintenance at The Plaza, north entry, downtown. This includes all plant pruning, weeding,
flower replacement and minimal tree pruning for visibility and safety, turf mowing and care,
irrigation scheduling and testing repair as necessary. Any capital repairs such as planter
r~placement, complete removal, and large structural pruning of downtown trees is the
responsibility of the City.
4.2. Siskiyou Boulevard & Ashland Street - The City pays Parks to maintain the plants and
mow grass on these streets. Parks is responsible for all mowing, edging, fertilizing of turf, weed
control in beds, pruning and replacement of occasional shrubs, litter pickup on a routine basis,
and flowers replanted according to season, as well as irrigation scheduling and repairs as
needed. Any major rework or complete change will be the responsibility of the City.
4.3. Airport - The City pays Parks to mow the grass at the airport. Parks is responsible for
mowing areas around runway, taxi-way and hangar facility, as well as landscaping around FBO
2-
,
building, including lawn area, shrubs, pruning, flower replacement, and irrigation scheduling and
repairs as needed. (See map)
4.4. Substations - The City pays Parks to mow grass at substations. At the substation on North
Mountain Avenue the City pays Parks to maintain shrubs, control weeds, and irrigation
scheduling and repairs as needed.
5. Fleet Maintenance. The City will provide fleet maintenance and repair for Parks and charge for
services in a manner consistent with City Departments. For FY 2010-2011, the fleet maintenance
charge will be $227,000. City will accept Parks employees dedicated to their shop program. City will
maintain transferred positions for at least one year and employ transferred employees for as long as it
is feasible based upon operations, budget and performance.
6. Other Services. The City and Parks will, on occasion, need to trade services or share costs and
any sharing of expenses or potential payment of fees for those services will be negotiated at that time.
7. Length of Agreement. The term of this Agreement shall commence on July 1, 2010, and continue
for a period of one year. It will automatically renew on an annual basis unless terminated by either
party per this section. The City and Parks shall periodically review this Agreement and modify it as
they mutually agree to be appropriate during the year. Changes in services and/or responsibility for
costs or revenues will be agreed upon annually as part of the budget process prior to a proposed
budget is submitted to the Budget Committee. Changes to the proposed services may be done during
the budget process with mutual agreement.
8. Termination. Neither party may terminate this Agreement for a breach by the other party without
first providing the other party written notice of the specific nature of the alleged breach and a
reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30
days or such other lesser or greater time as is appropriate given the nature of the breach and the time
necessary to cure it. Annual renewal of this agreement will occur unless either party provides written
notice during the budget process but no later than 60 days prior to the start of a fiscal year.
CITY OF ASHLAND
ASHLAND PARKS AND RECREATION COMMISSION
By:
Title:
Date:
By:
Title:
Date:
3-
FY 2010-2011 MOU Exhibit A
DEPTfORG FY 2010-2011 Method of
SERVICE ACTIVITIESITASKS PROVIDER WHO PAYS AMOUNT Calculation
All Administrative
functions including but
not limited to Human
Resources, Legal, City of Ashland -
Recording, Treasury, Applicable
Purdlasing, Technology, Departments in
Risk Management, Internal Service Prorated share
Internal Services - General Facilities, etc. Divisions Parks $309,000 established in budget
Accounting functions City of Ashland Prorated share
induding but not limited Admin established in budget
Internal Services - Finance to finandal reporting, GL, Services/Finance included in internal
& Accounting PR, AR, AP Department . Parks Included above services charge
Maintains Downtown
Central Area Patrol Area Security Pollee Parks $51,000
Park Patrol Maintains Park SeaJrity Police Parks $20,000
City of Ashland
Building maintenance Admin
functions agreed upon Services/Finance Prorated share
Facilities Maintenance annually Department Parks $44,000 established in budget
Prorated share
established in budget,
Liability, Auto and Property Workers Compensation premiums & daims
Insurance-Parks Insurance City of Ashland Parks $40,000 cost.
Workers Compensation Workers Compensation Paid with payroll per
Insurance-Parks Insurance City of Ashland Parks As calculated state required rates
City of
Ashland
Band Shelter Maintenance Parks Maintenance $4,800 Set amount
Public Works-
Airport Mowing Maintenance Parks Airport $4,285 Set amount
Substation Mowing Maintenance Parks Electric $1,000 Set amount
Substation, Fire Public Works- $151,796 for grounds
Boulevard/Plaza landscape and airport Street & Fire maintenance and
Maintenance mowing Parks Dept. $182,396 $30,600 for supplies
Maintains Park Fleet & Prorated share
Fleet Maintenance Related Equipment City of Ashland . Parks $227,000 established in budget
C:\DOCUME-1\Shipletct\LOCALS-1\Temp\XPGrpWiseWOU Exhibit A FY 201D-2011.xls IGA Svc Table
5/25120102:59 PM
CITY OF
ASHLAND
Council Communication
Approval of a Public Contract for an Aerial Device Bucket Truck
Meeting Date: June 1,2010 Primary Staff Contact: Scott Johnson
Department: Electric E-Mail: iohnsons@ashland.or.us
Secondary Dept.: Public Works/Purchasing Secondary Contact: Mike Morrison
Approval: Martha Benne Estimated Time: Consent
Statement:
Will the City Council, acting as the Local Contract Review Board, approve a public contract to procure
a new 2010 Altec 60' Bucket Truck ($195,495.00), and declare the intended trade-in Vehicle #301,
1997 Bucket Truck ($11,000.00) as surplus, for a total amount of$184,495.00?
Staff Recommendation:
Staff recommends the public contract for the 20 I 0 Altec 60' Bucket Truck, including the trade-in
vehicle, be awarded to Altec.
Background:
Vehicle #301,1997 Electric Bucket Truck is scheduled for replacement and the amount budgeted in
FY 2010 for the replacement vehicle is $230,000.00.
The sourcing method for the intended public contract (replacement vehicle and disposal of trade-in
vehicle) is a Competitive Sealed Bid (Invitation to Bid). The City received three (3) bids in response
to the ITB. They are as follows:
Bidder ALTEC NELSON TRUCK TEREX
EQUIPMENT
New equipment $195,495.00 $207,288.00 $197,795.00
Trade-in (11 ,000.00) (12,000.00) (9,500.00)
TOTAL $184,495.00 $195,288.00 $188,295.00
Delivery ARO 260 Days 175 Days 180-210 Days
Related City Policies:
Section 2.50.070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
Section 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
The City Council, acting as the Local Contract Review Board, can approve or decline the public
contract recommendation.
Page I of2
rj.'
Potential Motions:
I move to approve (or decline) the public contract as recommended.
,
Attachments:
None
I"
Page2of2
CITY OF
ASHLAND
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date;
Department;
Secondary Dept.;
Approval:
Ordinance Relating to Tax Levy
June 1, 2010 Primary Staff Contact:
Finance Department E-Mail:
Administration Secondary Contact:
Martha Benne Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
Martha Bennett
Consent
Question:
Should the Council approve continuance of First Reading of an ordinance setting the tax levy amount
for Fiscal Year 2010 - 2011 from June 1, 2010 to June 15, 2010?
Staff Recommendation:
Staff recommends Council continue First Reading of this ordinance to June 15,2010.
Background:
This item was originally scheduled for the June 1,2010, Council meeting; however, due to staffing
issues, City Administration has requested this matter be continued to the June 15,2010 regular Council
meeting.
Related City Policies:
N/A
Council Options:
1. Move to approve continuance of First Reading to June 15,2010.
2. Postpone First Reading to another date certain.
Potential Motions:
Motion to continue First Reading of the ordinance to June 15,2010.
Attachments:
N/A
Page I of I
r.l'
CITY OF
ASHLAND
Council Communication
Approval of a Special Procurement-Specialized Services of a Graphic Designer
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 1,2010
Parks and Recreation
Purchasing
Martha Be
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Rachel Dials
dialsr{al,ashland.oLus
Don Robertson
Consent
Question:
Will the Council, acting as the Local Contract Review Board, approve a Contract-specific Special
Procurement requesting approval to directly award a public contract for the specialized services of
graphic designer to create and provide interpretive materials for visitor services throughout the parks
system? .
Staff Recommendation:
Staff recommends that the Contract-specific Special Procurement for the services of a specialized
graphic designer be directly awarded to Karin Onkka for a term of one fiscal year expiring on June 30,
20ll.
Background:
A Special Procurement is a contracting procedure that differs from the procedures required for an
Intermediate Procurement (3 written quotes), Invitation to Bid, Request for Proposal, Sole Source or
Emergency. The proposed procedure being recommended is d'irect award per the attached Request for
a Special Procurement.
The existing contract with Karin Onkka, which resulted from an RFP processed in October-December
2008, will expire June 30, 2010. A total of28 proposals were received in response to that RFP, and the
final contract was awarded to the highest ranked proposer, Karin Onkka.
In addition to requiring the extensive skills and services of a graphic designer, the interpretive
materials require a specialized knowledge of our natural environment. Karin Onkka has a master's
degree in environmental education and a bachelor's degree in magazine journalism. She also has an
excellent relationship with the Parks and Recreation Department as she has designed numerous signs,
brochures, booklets and exhibits over the last 3 years and has extensive knowledge of the
interpretation needs of the department. The Parks staff is recommending a public contract be awarded
to Karin Onkka for a term of one fiscal year to continue providing graphic design and interpretive
materials for the Ashland Parks and Recreation Department.
For more information, please see the attached Request for a Special Procurement.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Page I of2
~.t. 1
CITY OF
ASHLAND
Council Options:
The Council, acting as the Local Contract Review Board, can approve the Special Procurement or
decline to approve the Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the request for a Special
Procurement.
Attachments:
Special Procurement - Request for Approval
Page 2 of2
~..
..."
CITY OF
ASHLAND
I FORM #9
@ClJ~~~j~
PPROYAU
:'iL0tiii4rmgihHi
. , $5~O(JO
To:
City Council, Local Contract Review Board
From:
Rachel Dials. Don Robertson. Ashland Parks and Recreation
Date:
5-19-2010
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name:
Ashland Parks and Recreation
2. Department Contact Name:
Rachel Dials
3. Type of Request:
Class Special Procurement ~ Contract-specific Special Procurement
4. Time Period Requested: From
lulv 1. 2010
To:
lundO, 20 II
5. Total Estimated Cost:
Not to exceed $20.000
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
The scope of work includes sPecialized graphic design, interpretive materials, and visitor services
information for signs and materials made available for and at each of the Ashland parks, including
North Mountain Park Nature Center, Lithia Park, and other outer parks within the svstem. As more
and more tourists and locals visit our parks, the need for interpretive information, maps and signs for
self guided tours increase.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), BidIProposal Forms(s), Contract
Form( s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
The existing contract with Karin Onkka, which resulted from an RFP processed in October-December
2008. will expire June 30. 2010. A total of28 proposals were received in response to that RFP, and
the final contract was awarded to the highest ranked proposer. Karin Onkka. In addition to requiring
Form #9 - Special Procurement - Request for Approval, Page 1 of 4.5/26/2010
the extensive skills and services of a graphic designer. the interpretive materials require a specialized
knowledge of our natural environment. Karin Onkka has a master's degree in environmental
education and a bachelor's degree in magazine iournalism. She also has an excellent relationship with
the Parks and Recreation Department and extensive knowledge of the interpretation needs of the
department. The Parks staff is recommending a public contract be awarded to Karin Onkka for a term
of one fiscal vear to continue providing graphic design and interpretive materials for the Ashland
Parks and Recreation Department.
8. Justification for use of Special Procurement: Describe the circumstances that justifY the use of a
Special Procurement. Attach relevant documentation. .
Karin Onkka has an excellent relationship with the Parks and Recreation Department and understands
the interpretation needs of the department. Karin will gather information and prepare signs and
materials using her environmental education background. These proiects are more than iust designing
signs. it takes someone with a specialized background and knowledge of our natural environment to
create this interpretive material.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
(a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
The initial contract with Karin Onkka was the result of a formal Competitive Sealed Proposal (RFP)
process completed in December. 2008. A total of28 proposals were received and evaluated in
resPonse to that RFP and Karin Onkka was the highest ranked proposer. Parks staff have a good
understanding of the work Karin Onkka will be providing for the department. This contract will allow
existing proiects to be completed and for additional interpretive materials to be created over the next
fiscal vear.
(Please provide specific infomnation that demonstrates how the proposed Special Procurement meets this requirement.); and
(b )(i) will result in substantial cost savings to the contracting agency or to the public because:
Staff does not have the background or knowledge to create the interpretive materials that are required
for parks visitors to explore our parks svstem independentlv.
(Please provide the total estimate cost savings to he gained and the rationale for determining the cost savings); or
(b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Karin Onkka has extensive knowledge and experience and understanding of our local natural
environment. She also has the graphic design background to create attractive interpretive materials
and visitor service brochures that will help us meet the increasing demand for more information on our
local natural environment.
(Please provide specific infomnation that demonstrates how the proposed Special Procurement meets this requirement.)
Form #9 - Special Procurement - Request for Approval. Page 2 of 4. 5/26/2010
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner
as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The
public notice shall describe the Goods or Services or class of Goods or Services to be acquired
through the Special Procurement. The Contracting Agency shall give such public notice of the
approval of a Special Procurement at least seven (7) Days before Award of the Contract.
Date Public Notice first appeared on www.ashland.oLus - {June 2.20/01
NOTE: Pending Council Al1l1rOval on June 1, 1010
PUBLIC NOTICE
Aporoval of a Soecial Procurement
First date of publication: {June 2. 20101
A request for approval of a Special Procurement was presented to and approved by the City Council, actiog
as the Local Contract Review Board, on {June 1. 2010/.
The Contract-specific Special Procurement is for the specialized services of a graphic designer to create
interpretive materials for the AsWand Parks and Recreation Department for the next fiscal year beginning
July I, 2010 and ending June 30, 2011.
In October-December 2008. a Competitive Sealed Proposal (RFP) process was completed for a graphic
designer. A total of28 proposals were received and evaluated in response to that RFP. The public contract
was awarded to the highest ranked proposer, Karin Onkka. and will be expiring June 30, 2010.
In addition to requiring the specialized services of a graphic designer, the interpretive materials require a
specialized knowledge of our natural environment. Karin Onkka has a master's degree in environmental
education and a bachelor's degree in magazine journalism. She also has extensive knowledge of the
interpretation needs of the department. '
The Parks staff recommended that the public contract for the specialized services of a graphic designer be
directly awarded to Karin Onkka for the upcoming fiscal year to complete existing projects and contioue
providing graphic design and interpretive materials for the AsWand Parks and Recreation.
It has been determined based on written findings that the Special Procurement will be unlikely to encourage
favoritism in the awarding of public contracts or to substantially diminish competition for public contracts.
and result in substantial cost savings or substantially promote the public interest in a manner that could not be
realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065. or
279B.070.
An affected person may protest the request for approval of a Special Procurement in accordance with ORS
279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of
AsWand, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, AsWand, OR 97520. The seven
(7) protest period will expire at 5 :OOpm on {June 9. 2010 (seven calendar davs from first date o{
tmblicationi/.
This public notice is being published on the City's Internet World Wide Web site at least seven days prior to
the award of a public contract resultiog from this request for approval of a Special Procurement.
Form #9 - Special Procurement- Request for Approval, Page 3 014,5/26/2010 '
Authority to enter into a Special Procurement:
AMC 2.50.070 Procedures for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General
Model Rules. OAR Chapter /37 Divisions 46 - 49. except/or tile fallowing:
G. Special procurements as set forth ORS 279B. 085 and herein.
ORS 279B.085 Speciat procurements. (/) As used illlhis sectioll alld ORS 2798.400:
(0) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279BJ)55.
2798.060, 2798.065 and 2 79B.070 and is for the purpose of entering into a series of contracts over time for the acquisition of a specified
class of goods or services.
(b) "Contract-specific special procurement" means Q contracting procedure that differs from the procedures described in ORS
279B.055, 2798.060, 279B.065 and 279B.070 and isfor the purpose of entering into a single contract or a number afrelated contracts for
the acquisition of specified goods or services on a one-time basis or for a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special
procurement or both.
(2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a
written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this
section.
(3) Whe,i the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special
procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justifY the use of a special procurement under the standards set forth in subsection (4) of this
section.
(4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the
director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demonstrates that the use of a ~pecial procurement as described in the request, or an alternative procedure prescribed by the director, board,
Secretary of State or State Treasurer, will:
(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts:
and
(b)(A) Result in substantial cost savings to the contracting agency or to the public: or
(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any roles adopted thereunder.
(5) Public notice of the approval of a proposed special procurement must be given in the same manner as provided in ORS 279B.055
(4),
(6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer
the contracting agency determines in writing to be the most advlmtageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement
under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 f57; 2005 c.103
g8dJ
OAR 137-047-0285 Special Procurements
(I) Generally. A Contracting Al?ency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special
Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR /37-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting
Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. All Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400
and OAR /37-047-0700.
Form #9 - Special Procurement - Request for Approval, Page 4 of 4.5/26/2010
CITY OF
ASHLAND
Council Communication
Intergovernmental Agreement for Transportation System Plan lJpdate
Meeting Date: June 1,2010 Primary Staff Contact: Michael A. Faught
Department: Public Works E-Mail: faughtm@ashland.oLus
Secondary Dept.: Administration Secondary Contact: Karl Johnson
Approval: Martha Benne Estimated Time: Consent
Background:
As the Council knows, the City of Ashland has received a grant from the State of Oregon to complete
the update to our Transportation System Plan. This is an adopted City Council goal. Completion of
the project requires the City and State to sign an Intergovernmental Agreement.
At the January 19, 2010 City Council meeting, the Council approved staffs recommendation to
increase the cost of the Transportation System Plan (TSP) update from $350,000 to $416,740. Since
then ODOT, through the Transportation Growth Management (TGM) grant program, approved an
additional $25,000 of State funding. As of today, the City of Ashland's share of the project is
$241,740, and the State of Oregon will pay $175,000.
Once Council approves the IGA, the City will send an installment payment of$25,000 to ODOT, and
the work will begin on July 1,2010.
TSP Scope of Work Development and Consultant Scoring Process
In luly, 2009, both Ashland and ODOT staff began developing the progressive scope of work desired
for the TSP update. The scope of work was completed by mid-October after several drafts and internal
reviews as well as input by the Transportation Commission, Planning Commission and ODOT staff.
In late October 2009, the ODOT Procurement Office began the scoring process to assign the contract
to one of the eleven consultants on their pre-approved list that responded to the RFP. The City of
Ashland was part ofthe scoring committee that included the following members:
. Mike Faught, Public Works Director
. Karl Johnson, Public Works Engineering Associate
. Alex Georgovich, Local Ashland Resident and City of Medford Transportation Manager
. Eric Heesacker, Local Ashland Resident and Member of the Transportation Commission
. John McDonald, ODOT TGM Project Manager
The scoring committee met on December I, 2009 to rank the consultants. The top three consultants
were CH2M Hill, Kittelson & Associates and Parametrix. Each was invited to an interview on
Page t of2
~.t. 1
December 17th. Kittelson & Associates, Inc. was the clear front runner, followed by CH2M Hill and
Parametrix. Following the interview, ODOT and city stafffurther refined the scope of work (draft
attached) and subsequent budget for the project. Kittelson then used the detailed scope of work and
created a proposed project cost of$416,000.
Related City Policies:
Current City Council goal which states; develop an integrated land use and transportation plan to
increase the viability of transit, bicycles, walking and other alternative modes oftransportation; reduce
per capita automobile vehicle miles traveled; provide safe walking and bicycling routes to home, work,
shopping and schools; implement environmentally responsible design standards, and minimize new
automobile-related infrastructure.
Council Options:
. Council may decide to enter into the Intergovernmental Agreement (IGA) with the Oregon
Department of Transportation (ODOT) to approve to complete the Transportation System Plan
(TSP) update.
. Council may decide not to approve the Intergovernmental Agreement (IGA) with the Oregon
Department of Transportation (ODOT) to approve to complete the Transportation System Plan
(TSP) update.
. Council may decide to modifY (
) staffs recommendation.
Potential Motions:
. Move to approve an lntergovemmental Agreement (IGA) with the Oregon Department of
Transportation (ODOT) to approve to complete the Transportation System Plan (TSP) update.
. Move not to not to approve Intergovernmental Agreement (IGA) with the Oregon Department
of Transportation (ODOT) to approve to complete the Transportation System Plan (TSP)
update..
. Move to modifY (
) staffs recommendation.
Attachments:
The Intergovernmental Agreement can be found in the on-line packet only. Hard copies will be
available upon request.
Page 2 of2
~.t. 1
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Declaration and Authorization to Dispose of Surplus Property
Vehicles and Equipment
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
June 1,2010
Finance
Public Works
Martha Benne
Lee Tuneberg
tuneberl(aJ,ashland.oLus
Mike Morrison
Consent
Statement:
Will the City Council, acting as the Local Contract Review Board, declare the items listed on the
attachment as surplus property and will the City Council authorize a sealed bid auction be conducted
to dispose of the vehicles and equipment being declared surplus property?
Staff Recommendation:
Staff recommends that the vehicles and equipment listed on the attachment be declared surplus
property and a sealed bid auction be authorized and conducted in accordance with AMC Section
2.50.127, Exhibit B, to dispose of the surplus property.
Background:
Near the end of each fiscal year, the City has held a sealed bid auction to dispose of City property that
has been declared surplus property. The public sale allows the general public, including local citizens
of Ashland, to participate in the sealed bid auction process. Thus far, there has been a lot of interest,
mariy sealed bids submitted and a successful turn-out at each of the previous sealed bid auctions.
Therefore, staffrecommends that we conduct another sealed bid auction to dispose of the attached
items intended to be declared as surplus property.
Related City Policies:
AMC Section 2.50.127 EXHIBIT B
City of Ashland
SURPLUS PROPERTY DISPOSAL
ADMINISTRATIVE RULES & PROCEDURES
March 9, 2006
Under the Ashland Municipal Code, Chapter 2.50 Public Contracts, Section
2.50.115, Disposal of Surplus and Abandoned Property, the City of Ashland Finance transfer to
other departments, direct transfer or sale to political subdivisions, state agencies, or non-profit
organizations, sale, trade, auction, or destruction; provided however, that disposaI' of surplus property
having residual value of more than $10,000 shall be subject to authorization by the City of Ashland,
Local Contract Review Board.
Definitions
The following definitions apply to these administrative rules:
Page I of4
~.t. 1
CITY OF
ASHLAND
(I) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by
the bidder.
(2) "Cash" includes U.S. currency, cashier's checks, and money orders made payable to the City of
Ashland.
(3) "Employee's Household" means all persons residing with employee.
(4) "Employee's Immediate Family" means the children, step-children, parents, stepparents,
grandparents and spouse of employee, separately or in any combination thereof.
(5) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale
and is also known as a bid advertisement.
(6) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation
as defined in ORS 307.130.
(7) "Political Subdivision" includes divisions or units of Oregon local government having separate
autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local
governing authority.
(8) "State agency" is defined in ORS 279A.250(4) and means every state officer,
board, commission, department, institution, branch or agency of state government
whose costs are paid wholly or in part from funds held in the State Treasury, and
includes the Legislative Assembly and the courts, including the officers and committees of both, and
the Secretary of State and the State Treasurer in the performance of the duties of their constitutional
offices.
(9) "Surplus Property" means all personal property, vehicles and titled equipment property
designated as surplus for sale to state agencies, political subdivisions of the State, and private not-for-
profit organizations or the general public or any combination thereof.
Prior to offering Surplus Property for Public Sale
(I) Prior to offering surplus property for public sale, the Surplus Property may be made available by
direct transfer or direct sale to the following:
(a) Other City departments
(b) Political Subdivisions
(c) State Agencies
(d) Any non-profit organization determined to be eligible by the Purchasing Agent.
(2) Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit
organizations through direct sales or transfers must be used only in the conduct of their official public
programs.
(3) Surplus Property must not be acquired through warehouse floor sales or direct
transfer for any use or purpose other than conduct of their official public programs, and not for resale
or distribution unless otherwise pre-approved by the Purchasing Agent.
(4) Non-qualifying private entities and private citizens, separately or combined, must not be eligible to
acquire surplus property except at public sales.
(I) Conduct
(a) The Purchasing Agent or his/her designee must conduct public sales for the disposal of Surplus
Property.
(b) Methods of disposal may include, but not be limited to: oral auctions, sealed bid sales and fixed
price retail sales, separately or in any combination thereof.
Page 2 of4
~.t. 1
CITY OF
ASHLAND
(2) Conduct of Auctions and Sealed Bid Sales
(a) The Purchasing Agent or his/her designee must advertise the date, time and location of public
auction or sealed bid sales.
(b) A public Invitation to Bid must be available at the auction site of an auction or sealed bid sale.
(c) The public may inspect property offered for sale at the time and place specified in the public
Invitation to Bid; .
(d) The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best
interests of the City of Ashland;
(e) All items must be sold to the highest Bidder. All Surplus Property must be offered "As-Is, Where-
Is" with no warranty or other guarantee as to its condition 'or fitness for use. A purchaser or
disappointed Bidder does not have recourse against the City of Ashland or any of their respective
officers, employees or agents.
(f) All sales must be final.
(3) Eligibility
(a) Members of the general public may participate as buyers at public sales.
(b) No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department
and/or Purchasing, member of the employee's household, the employee's immediate family, or any
person acting on the employee's behalf may participate in public sales if the employee has had any role
in declaring the item surplus, processing the item or related paperwork, or offering it for sale.
(4) Payment
Full payment must be made within five (5) business days, unless otherwise specified in the public
Invitation to Bid. Payment must by made by cash, cashier's check or money order. The methods of
payment, time limit for making full payment, and the place where payment must be made will be
specified in public Invitation to Bid.
(5) Failure to Comply
The Purchasing Agent or his/her designee may establish criteria to disqualify participants from surplus
sales pursuant to this Rule. Such criteria may be based on:
(a) Conviction of fraud;
(b) Inappropriate conduct
(c) Failure to claim purchases; or
(d) Other documented activities determined by the Purchasing Agent or his/her
designee to warrant disqualification. Based upon these criteria, the Purchasing Agent or his/her
designee may disqualify participants from participation in other surplus sales.
(6) Claiming Items Purchased
(a) Items not paid in full and claimed by the time specified in the Invitation to Bid will be offered to the
next highest bidder.
(b) Property paid for, but not claimed within the time specified in the Invitation to Bid must be
considered abandoned and ownership must default back to the City of Ashland, unless prior approval is
obtained from the City of Ashland Purchasing Agent.
(c) Title to Property sold will be transferred to the purchaser when full and final payment
(d) Motor Vehicles Division trip permits must be required to drive unlicensed motor vehicles. The
purchaser will be responsible for obtaining a trip permit and to certify that the driver of the vehicle has
a valid driver's license and is insured as required by Oregon law before a trip permit can be issued.
Pagd of 4
~.t. 1
CITY OF
ASHLAND
(7) Disposal of Surplus Property, without requiring competitive bidding
(I) With the prior approval of the Purchasing Agent, the authorized designee may sell or transfer
surplus property to political subdivisions, state agencies, or non-profit organizations.
(a) Political subdivisions, state agencies, and or non-profit organizations may be given preference to
acquire surplus property.
(b) Property acquired shall be used for public purpose or benefit and not for resale to a private
purchaser.
(2) With the prior approval of the Purchasing Agent, the authorized designee may
transfer computers and related hardware that are surplus, obsolete or unused to a
common or union high school district or education service district.
(a) The authorized designee may not charge the school district a fee for the transfer.
(3) The Purchasing Agent or his/her designee may recycle or otherwise dispose of property when the
Purchasing Agent determines the value and condition of the property does not warrant the cost of a
sale.
(8) Proceeds from the disposal of Surplus Property
(I) The Purchasing Agent shall determine what fund and/or funds will be credited with the proceeds
received from the disposal of surplus property.
Authorized by:
Lee Tuneberg
Finance Director
Purchasing Agent
Authority: ORS 279A.065 (5)(a), ORS 279.070, AMC 2.50.090
Drafted from: ORS 279A.250, OAR 125-246-0700
(Ord 2934. Replaced. t 1/2112006)
Council Options:
The City Council, acting as the Local Contract Review Board, can approve (or decline) the items be
declared surplus property and a sealed bid auction be conducted to dispose of the vehicles and
equipment being declared surplus property.
Potential Motions:
I move to approve (or decline) the items be declared as surplus property and a sealed bid auction be
conducted to dispose of the property being declared surplus property.
Attachments:
List of items to be declared as Surplus Property
Page4of4
~.t. 1
ITEMS TO BE DECLARED AS SURPLUS PROPERTY
for the FY 2010 Sealed Bid Auction
26-May-10
VEHICLES
Number DescriDtion .Miles Department
222A Wacker Packer BS 60 Y N/A Water
260A Wacker Packer BS 60 Y N/A Water
280A Toro Mower - Walk Behind N/A Cemetery
347 1999 Ford Ranger 4x4 70,390 Water
431 2000 Ford F-150 4x4 90,423 Water
512 2005 Ford Crown Victoria 77,981 Police
542 2006 Ford Crown Victoria 85,550 Police
703 1992 Ford Ranger 2x4 98,179 Parks
710 1997 Ford Ranger 2x4 60,000 Parks
711 2002 Ford Ranger 2x4 116,388 Parks
MISCELLANEOUS
Item # Description
1 Pacific Laminating Machine Model ECONO 8000 Ser # E 103051 0
4 Drawer File Cabinets
2 1 - HON
3 1- Steelmaster
4 I-No name
4 Drawer File Cabinet
5 3 - HON
6 1 Steelmaster
7 2- No name
2 Drawer Letter File Cabinet
8 1 HON
9 I-No name
2 Drawer Legal File Cabinet
10 I-HON
FAX Machines
11 I-Brother MFC-8300
12 1-HP Officejet 6310
IBM Selectric II Typewriters
13 I-Green
14 2 -Brown
15 I-Red
16 Cannon AP300 Typewriter
17 14" Jenson TV wlRemote
18 14" RCA Colortrak TV
19 14" Samsung TV wi VCR
20 12" ProVideo Monitor
21 Electric Da-Lite Projection Screen Model # PXAG-664-81
22 24" Premier Paper Cutter
Items to be declared as surplus property, 5/26/2010, Page 1 and 2
Parks or City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
MISCELLANEOUS
Item # DescriDtion
23 Porcelain Drinking Water Fountain
24 3000 Watt Hanging Space Heater
25 Lot of Misc Fluorescent Fixtures
26 Wemer Folding Ladder Model M6-12
27 Porcelain / Iron Utility Sink
28 Stainless Steel Large Bar Sink
29 4 Matching Green Office Chairs w/ Casters
30 Desk Hutch Oak 58 X 26"
31 Lot Wall Style TV Brackets
32 Lot 26 MultiFold Towel Dispensers
33 Metal Desk w/ Credenza
34 Lot Computer Video Monitor Brackets
35 3 Tray Food Service Steam Table
36 2 Ea Form or Brochure Wall Racks
37 NIKKO ND-750 Cassette Player/Recorder
38 NIKKO NT 70011 Stereo Tuner
39 Lot 6 Various Office Chairs
40 Printer Table
41 Under Dash Creeper
42 Headlight aimer
43 aTC Breakout Box
44 Prolink 9000
45 aTC Diagnostic System
46 Electric Pop Rivet Gun
47 Go Light Spot Light
48 Tire Step
49 19,Inch Stroke Jack
50 4' by 4' Crate of Shop Manuals
51 15' Shop Bench
52 3 Shop Cabinets
53 Alu'minum Shop Step
54 Midtronics Micro 500 Battery Tester
55 Homelite Blower
56 Box of miscellaneous auto parts
57 Box of miscellaneous wipers. brake shoes and pads
58 Ryan LA 28 Aerator
59 Tru-cup Edger
60 Stihl Weed eater
61 Stihl 036 Chain Saw
62 2 Stihl Blowers
63 Shoei E400 Generator
64 Delta Pick up tool box
65 Cylinder Scales
Parks or City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
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Parks
Parks
City
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Items to be declared as surplus property, 5/26/2010, Page 2 and 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ambulance Operator's License Renewal
June 1,2010 Primary Staff Contact: Greg Case
Fire & Rescue E-Mail: caseg@ashland.or.us
Finance Secondary Contact: Lee Tuneberg
Martha Bennet Estimated Time: Consent
Question:
Does the Council wish to approve the Ambulance Operator's License renewal for Ashland Fire &
Rescue?
Staff Recommendation:
Staff recommends renewal of the Ambuhmce Operator's License for Ashland Fire & Rescue.
Background:
Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating
within the City of Ashland to apply annually for an ambulance operator's license. The fire department
has provided emergency services in Ashland since 1885. From 1926 to 1936, the fire department
operated the ambulance service in Ashland, and in 1936 the ambulance service was sold to Litwiller
Funeral Home. The,fire department obtained its first medical response vehicle (Rescue 9) through
community donations in 1973, and began providing first response emergency medical services to the
community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance
Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile
ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon
are regulated by county governments, and within the City of Ashland they are required to obtain an
ambulance operator's license. This license is renewed on an annual basis.
Related City Policies:
AMC Chapter ,6.40.11 0
Council Options:
Approve or deny renewal of Ashland Fire & Rescue's ambulance operator's license.
Staff Recommendation:
Staffrecommends approval ofthe ambulance operator's license renewal for Ashland Fire & Rescue.
Potential Motions:
Motion to approve or deny Ashland Fire & Rescue's request for an ambulance operator's license
renewal.
Attachments:
None.
Page 1 of t
~.t. 1
CITY OF
ASHLAND
Council Communication
Adoption of SOB Campus Master Plan Bpdate - 20.10. to 20.20.
Meeting Date: June 1,2010 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: bil1{al.ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Benn Estimated Time: 5 minutes
Question: '
Should Council approve Second Reading of three ordinances adopting the SOU Master Plan Update?
Staff Recommendation:
Staffrecommends that Council adopt the 2010 to 2020 - SOU Campus Master Plan Update with the
proposed modifications suggested by the Planning Commission, and move to approve second reading
on the three ordinances necessary to implement the plan as well as to SOU zoning district boundary so
that it is consistent with the Comprehensive Plan designation. Those ordinances will:
. incorporate the SOU Master Plan as a supporting document in the Comprehensive Plan
. reference the Master Plan in AMC 18.64
. amend the zoning map
Background:
On May 18, 2010, the Council held first reading of three ordinances implementing the SOU Master
Plan. On April 20, 2010, the Council held a public hearing on the IO-year update of the SOU Master
Plan and the incorporation of the master plan document into Ashland's Comprehensive Plan. The
Council tentatively approved the 2010-2020 Campus Master Plan with the modifications suggested by
the Planning Commission and directed staff to bring back ordinances for First Reading. On May 18,
2010, the Council held first reading of three ordinances implementing the SOU Master Plan.
Related City Policies:
Ashland Comprehensive Plan - Public Services Element
Goal: To make maximum effort toward utilization of present and future educational and recreational
facilities and resources through public. private and city cooperation.
Council Options:
The Council may move to approve second reading of the three ordinances necessary to implement to
the Campus Master Plan or may direct staff to make changes to the ordinance prior to second reading.
Potential Motions:
I. Move to approve second reading ofthe following ordinances:
. Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to adopt and
incorporate the updated SOU Master Plan as a support document to the City of Ashland
Comprehensive Plan.
Page I of2
~.t. 1
CITY OF
ASHLAND
o Ordinance #2: An Ordinance amending AMC 18.64 to reference the current Southern Oregon
University Campus Master Plan
o Ordinance #3: An Ordinance amending the City of Ashland Zoning Map to be consistent with
the City of Ashland Comprehensive Plan designation for SOU properties in accordance with
the 2010 Campus Master Plan.
Attachments:
1. Ordinance #1: An Ordinance amending the City of Ashland Comprehensive Plan to adopt and
incorporate the updated SOU Master Plan as a support document to the City of Ashland
Comprehensive Plan.
o Exhibit B - Conditions of Master Plan Approval
2. Ordinance #2: An Ordinance am~nding AMC 18.64 to reference the current Southern Oregon
University Campus Master Plan
3. Ordinance #3: An Ordinance amending the City of Ashland Zoning Map to be consistent with the
City of Ashland Comprehensive Plan designation for SOU properties in accordance with the 2010
Campus Master Plan.
o Exhibit A - Existing SOU zoning designation with privately-owned properties shown
within the boundaries of the district
o Exhibit BIExhibit B-1 - Revised SOU zoning district boundary and list of privately-
owned properties removed from within the district boundary.
Note: The latest version of the 2010 to 2020 - SOU Campus Master Plan Update can be viewed on the
City of Ashland website at: http://www.ashland.or.us/SOU
Page 2 of2
~.t. 1
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE
PLAN TO ADOPT AND INCORPORATE THE UPDATED SOU MASTER PLAN AS A
SUPPORT DOCUMENT TO THE CITY OF ASHLAND COMPREHENSIVE PLAN
Annotated to show dolotions and additions to the code sections being modified.,
Deletions are bold" ... .... _L and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of FirefiQhters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Comprehensive Plan at a duly advertised
public hearing on July 14, 2009 and subsequent public hearing continuance dates
including March 9, 2010, and on April 13, 2010, following deliberations, recommended
approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 20, 2010; and
WHEREAS, the City Council of the City of Ashland, following the close of the public
hearing and record, deliberated on May 18, 2010 and conducted first and second
readings approving adoption of the Ordinance in accordance with Article 10 of the
Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Comprehensive Plan in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
Page 1 of 2
SECTION 2. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION
AND DEFINITIONS 2.04.15] is hereby amended to read as follows:
SOUTHERN OREGON UNIVERSITY (2.04.15)
These areas are designated to provide for the unique needs of Southern Oregon
University. (SOU). It is applied to areas that are located within the mutually
approved SOU boundary. It is implemented by the Land Use Ordinance, but the
actual rezoning of the property cannot occur until it is actually owned or
controlled by the University. The SOU Plan is incorporated into the City of
Ashland Comprehensive Plan in the Comprehensive Plan Appendix.
SECTION 3. The City of Ashland Comprehensive Plan, Chapter II, [INTRODUCTION
AND DEFINITIONS 2.04.15] is hereby supported with the adoption and incorporation
into the Comprehensive Plan Appendix of the document entitled "Campus Master Plan
Update, South'ern Oregon University, 12 April 2010", attached hereto as Exhibit A, as
said plan is amended with conditions by the Planning Commission and City Council,
attached hereto as Exhibit S, said Exhibits being attached hereto and incorporated
herein by this reference.
SECTION 4~ Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Comprehensive Plan and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Sections 1, 4-5 need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
)
Richard Appicello, City Attorney
Page 2 of 2
RECCOMMENDED CONDITIONS
Exhibit B
Housing and Student Life
Mixed Use Construction
. In addition to the mandatory Design Guidelines described in the Master
Plan update, the following areas designated for development shall be
subject to Ashland's approval standards for development within the Detail
Site Review Zone (II-C-2), including those additional standards for Large
Scale Projects (II-C-3).
>- Along Ashland Street between Walker Ave and Wightman St,
within I 50-feet of the near edge of the Ashland Street right of way,
and
>- Along Walker Avenue between Ashland Street and south of
Webster Street, within I 50-feet of the near edge of the Walker
Ave. right of way.
>- Developments within these designated Detail Site Review overlay
zones shall be exempt from the maximum floor area requirement
(FAR) standards as set forth in sections II-C-2a(l) of the Site
Design and Use Standards
Faculty Housing
. The following Design Guidelines shall be apply to faculty housing located
along Ashland Street and Henry Street west of Mountain Avenue, and
along Walker Avenue:
1. Buildingfootprints shall be limited to 6,000 square feet totalfor a
multi-family building. Example: six attached 1000 square foot
townhouses.
2. Buildings shall be no more than 120 feet long. For buildings longer
than 60feet, a significant ojJset-5' or more-in the plane of the
fa,ade shall be created so that no major fa,ade plane is more than 60
feet in length. Projecting elements and/or recesses-such as decks, bay
windows and recessed entries-shall be applied to facades to avoid
long planar walls facing the street.
3. Buildings shall be limited to 3 stories above grade generally and 2
stories west of Mountain Ave.
Findings of Fact and Conclusions of Law
Page 1
4. Buildingfacades shall face the primary street or a shared open
courtyard space which in turn fronts on the street.
5. Building entries shall include porches, stoops and similar elements
to create a transition zone between the public street and the private
home.
6. Individual entries to each dwelling unit are preferred. In no case
shall more than four dwelling units shall share a common entry from
the street or common open space. Example: traditional four-square
style building, with two units above and two at ground floor sharing
an entry.
7. Buildings shall be designed with appropriate placement of interior
spaces and exterior windows to provide views from active areas to the
public street and/or common open spaces [sometimes referred to as
"eyes on the street"].
8. Shared parking shall not be located between the street and the
primary far;ade of dwelling units. To the greatest extent feasible,
parking shall be located at the rear of units. Where parking is located
at the front of units, it shall be only in the form of personal driveways
serving individual units. In this configuration, garage entries shall be
set behind the primary far;ade of dwelling units by a minimum of five
feet.
9. Exterior building finishes shall be similar to existing buildings in
the surrounding neighborhood. Vinyl siding is not an allowed finish
material; metal siding is discouraged, except as an architectural
accent. Allowed materials include:
a. Wood siding or shingle;
b. Cementitious wood products;
c. Brick. stone and artificial stone.
10. Design elements that are representative of the surrounding
residential neighborhood context are encouraged, although literal
repetition of historic styles is not required or expected.
I1. Landscape materials shall consistent with palette of the Ashland
bioregion. Native plants and drought-tolerant, non-invasive plantings
are strongly encouraged. '
. Conditional Use Permit Approval
Faculty Village Housing proposed along Ashland Street and Henry Street
west of Mountain Avenue, and along Walker Avenue, is approximately
50-feet from privately-owned property. Consequently, future development
Findings of Fact and Conclusions of Law
Page 2
at these locations shall be subject to approval of a Conditional Use Permit
in order to address neighborhood context.
Demolition and Relocation of Existing Campus Buildings
. In addition to the requirements set forth in the Campus Master Plan for
construction waste reduction and on-site recycling collection facilities,
proposals involving the demolition or relocation of existing campus
structures shall be subject to the procedures and provisions of Ashland
Municipal Code 15.04 - Demolition or relocation of structures.
Transportation and Circulation
Student Housing -Pedestrian Safety Plan
. Prior to submission of a planning application for the development of new
student housing north of Ashland Street and Siskiyou Boulevard, the
University will work with the City, Oregon Department of Transportation
and other stakeholders in developing a specific plan for implementation
that addresses actions targeted at improving pedestrian safety. The Plan
shall include but not be limited to improved crossings with enhanced
pavement design and access controls with an on-going monitoring of
pedestrian flow and safety issues. Design strategies shall be coordinated
and prepared based upon the expertise of both a traffic engineer and urban
design professional.
Eastern Gateway - Pedestrian Safety Plan
. Concurrently with the transportation impact analysis and access
management strategy, the University will work with the City, Oregon
Department of Transportation and other stakeholders in developing a
specific plan for implementation that addresses pedestrian safety issues.
Design strategies shall be prepared based upon input from both a traffic
engineer and urban design professional.
Student Housing - Transportation Impact Analysis and Access Management
. All future housing projects proposed shall be subject to a transportation
impact analysis (TIA) and access management standards described in the
City of Ashland Transportation System Plan (TSP). The final scope of this
requirement will be evaluated at the pre-application meeting preceding the
land use application for Site Design Review approval.
Eastern Gateway - Transportation Impact Analysis and Access Management
. Modifications to the University's Eastern Gateway area shall be subject to
a transportation impact analysis and access management standards as
Findings of Fact and Conclusions of Law Page 3
described in the City of Ashland Transportation System Plan (TSP). The
final scope of specifications for preparation of a transportation impact
analysis shall be coordinated through Ashland Public Works Department.
Emergency Vehicle Access - Campus Circulation System
. Prior to any changes to the campus circulation system including vehicular
and pedestrian access ways, a site plan shall provided to and approved by
Ashland Fire & Rescue which demonstrates that that the. proposed
modifications are in compliance with the emergency access provisions of
the Oregon Fire Code.
Parking and Transportation Demand Management
Parking Requirements for On-Campus Student Housing
. Prior to submission of a planning application for campus housing, the
University shall development, through collaboration with city staff,
specific parking standards for on-campus housing. The standard is
intended to reduce an over provision of off-street parking and stress the
use of alternate modes of transportation, by maximizing the efficiency of
established and future campus parking facilities through consideration of
the following strategies:
> The University's development and implementation of
Transportation Demand Management strategies listed in the Master
Plan;
> Review of contemporary research, professional publications and
other factors effecting parking demand;
> Analysis of shared parking scenarios; and
> Review of potential impacts to neighborhood on-street parking
supply
Transportation Demand Management (TDM) strategies
. That a list of potential Transportation Demand Management strategies
accompanied by a time line for implementation be developed and
submitted in conjunction with campus housing applications.
Findings of Fact and Conclusions of Law
Page 4
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 18.64.
TO REFERENCE CURRENT SOUTHERN OREGON UNIVERSITY
. CAMPUS MASTER PLAN
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold" ... .L and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiohters. Local 1660. Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland, acting by and through the City Council, desires to
update the adoption of the SOU Plan as references in the AMC 18.64 of the Ashland
Land Use Ordinance; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1 : RECITALS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: AMENDMENT. Chapter 18.64 is hereby amended to read as follows:
18.64 SO - Southern Oregon University
18.64.010 Purpose
This district is designed to provide for the unique needs of SOU as a State
educational institution functioning within the planning framework of the City. It
can be applied to all areas now or hereinafter owned by the State of Oregon
acting by and through the State Board of Higher Education and Southern Oregon
University and located within the SOU boundary, as shown on the SOU
Comprehensive Plan, adopted by SOU and approved by the City. (ORD 2951,
2008)
Page 1 of 3
18.64.015 Definitions
For purposes of this Chapter. the term "SOU Plan" means the Campus
Master Plan Update for Southern OreClon University dated 12 April 2010.
with all conditions added by the City PlanninCl Commission and City
. Council as adopted and incorporated into the Ashland Comprehensive Plan
by Ordinance No on June 1. 2010.
18.64.020 Permitted Uses
A. Uses permitted outright are all those which are directly related to the
educational functions of SOU, provided that such uses are indicated and
located in conformance with the adopted and City approved SOU
Comprehensive Plan, and are greater than fifty (50) feet from privately
owned property.
B. Wireless Communication Facilities authorized pursuant to Section 18.72.180
18.64.030 Conditional Uses
A. Any use, site design, or construction or alteration of same not agreed
upon in advance by the City and SOU in the SOU Plan.
B. Any use, site design, or construction within fifty (50) feet of privately-
owned property.
C. Any construction over forty (40) feet in height.
, D. Wireless Communication Facilities not permitted outright and authorized
pursuant to Section 18.72.180
18.64.040 General Regulations
This Chapter, together with the Site Review, Sign and Off-Street Parking
Chapters of this Title, are the only portions of the Title to be effective within
the SOU zone, except for areas within fifty (50) feet of privately-owned land,
which are subject to the Chapter on Conditional Use Permits. In addition, the
creation or vacation of public streets or public ways shall be subject to mutual
agreement between the City and SOU and all other applicable laws
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", .or
Page 2 of 3
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-
3) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors, and to combine in the codification multiple
ordinances amending the same section.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF ASHLAND ZONING MAP TO BE
CONSISTENT WITH THE CITY OF ASHLAND COMPREHENSIVE PLAN
DESIGNATION FOR SOU PROPERTIES IN ACCORDANCE WITH THE 2010
CAMPUS MASTER PLAN
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660, Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland, acting by and through the City Council, is in the
process of updating the SOU Plan incorporated into the City of Ashland Comprehensive
Plan; and
WHEREAS, consistent with the original intent of the SOU designation, the updated
SOU Plan map incorporated into the Ashland Comprehensive Plan removes seven (7)
properties not owned by SOU; and
WHEREAS, the City of Ashland Zoning Map must be amended to be consistent with the
City of Ashland Comprehensive Plan
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1 : RECITALS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: AMENDMENT. The City of Ashland Zoning Map, Exhibit A, attached
hereto and made a part hereof by this reference, is hereby amended to change the
zone designation from SOU to R-1-7.5 for the seven (7) identified' properties described
in Exhibit B, attached hereto and made a part hereof by this reference.
Page 1 of 2
SECTION 3 Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
, City Code and the word "ordinance" may be chang'ed to "code", "article", "section", or
another word, arid the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-
4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors, and to combine in the codification multiple
ordinances amending the same section.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
___ ------LlL
EXHIBIT A mm , " ... _ ,
~ ~ - - - --rOWASl' O. lJ "p~ I I ~H i..;ri.Jcn:!=,y/u
l " 0 ~ 0 2i')jtl ~"~r::: u ---,
',f:] Lc:J1 r adl~ ~ 'fgib' , tto!: Zoning
~., .c=: ~ ",-" IIl= -i
. . , :e; ~o, Q Q, 'b' 1"i.,.1j "" ,--, Taxlots
'., , 0_ =H ~" L--J
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. 1('), '., · H " ~ ~ 0 0 . O"r
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. Ll if ~ >ILL "1l1i ,,~. _ c;J '" ~= : _ RR-t
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(] 0 00 <;} W ;.;ct. '::: ~:t.- . IS 01, :,:j,Fi so
o 0 O~c'l 0 ~ ~, Co" =-~.; R
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~ 0 I OJ ~ F;E.C,....... -'-'-'--P-...t, /1 .1 ,~,_ Property Imes
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~X;I~I~ B .. ~.!~o~ 9~' 0 "L'l' ::;~;0
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J:', . ~,.' t :: : = i'l:- g ~ "" T ,--, Taxlots
rr, h~ , 0 "'" c ~~ p;;, ..., U' ~ L...J
iL, 101)" "". "", ~ ''l'J D ~ Y,l.o 0 ~ q, t..i:i. City Zones
" ."./ O":LJ; >~~ , ,,~ I~ ~ ~;.; j~; ZONING
bl ~" i 11'1t.;tl~,~,." ~,~ '" 0 "c ~ i,':c rn · ~ _ C-1
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tJ 1'\' """'" ""'h _
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'0 ~ ;;r;w lff 'Ii ".m *", n-- '" ~= J;J _ RR-1
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:'!;;:::::::::
_ CITY Of
ASHLAND
EXHIBIT B
Page 2 of2
Privatelv Owned Properties within the Southern Orel!on (SO) Zone
39 IE 09DD 5400 - 1067 Ashland Street:
Joseph (Rivers) & Dominique Brown
Nearest Zone
R-I-75
39 IE 15BB 4000 - 540 S Mountain Ave:
R-I-75
William Modesitt Trustee
39 IE 15BB 4100 - 562 S Mountain Ave:
Toni Richmond Trustee
R-I-75
39 IE 15BB 3900 - 1150 Ashland Street:
Archdiocese of Portland (Walsh Memorial / Newman Center)
R-I-7.5
39 IE 15BB 1200 & 1300 - 600 Roca Street:
Jacque Hald Trustee
R-I-75
39 IE 15BB 9100 - 1336 Madrone Street:
Jerry Nutter
R-I-7.5
rA'
CITY OF
ASHLAND
Council Communication
SOU Campus Master Plan - Detail Site Review (DSR) Zone Amendment
Meeting Date:
Department:
Secondary Dept.:
Approval:
June 1,2010
Community Development
Legal
Martha Benne
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Bill Molnar
bill(cV,ashland.or. us
Richard Appicello
10 minutes
Question:
Does Council wish to approve First Reading of an ordinance titled, "An Ordinance Extending the City
of Ashland Detail Site Review Zone for Consistency with the 2010 SOU Campus Master Plan"?
Staff Recommendation:
Staff recommends that Council approve first reading of an Ordinance establishing the Detail Site
Review (DSR) overlay within the Southern Oregon University zoning district upon the area located
adjacent to Ashland Street, between Wightman and Walker Ave. The area proposed for inclusion
within the Detail Site Review zone is identified on the attached Exhibit A, and encompasses a swath of
land approximately ISO-feet in depth, as measured from the adjacent right of way. The proposed
amendment will insure that University sponsored projects along Ashland Street, such as the mixed-use
student housing project, will be subject to the same design standards applied to abutting commercially-
zoned properties located to either side of the SOU District.
Background:
On May 18th, 2010, the Council adopted the 2010 to 2020 - SOU Campus Master Plan Update with
the proposed modifications suggested by the Planning Commission, and approved 1st readings on three
ordinances necessary to implement the plan as well as to SOU zoning district boundary so that it is
consistent with the Comprehensive Plan designation. Those ordinances:
. incorporated the SOU Master Plan as a supporting document in the Comprehensive Plan
. referenced the Master Plan in AMC 18.64
. amended the City zoning map
The Planning Commission recommended including the area along Ashland Street within the Detail
Site Review Zone, as well as exempting development within this area from the maximum floor area
requirement (FAR) standards as set forth in sections II-C-2a(l) of the Site Design and Use Standards.
The proposed ordinance amends the Detail Site Review Zone and provides an exemption from the
Floor Area Ratio (FAR) as endorsed by the Council's motion on May 18,2010.
Related City Policies:
Ashland Comprehensive Plan - Public Services Element
Goal: To make maximum effort toward utilization of present andfuture educational and recreational
facilities and resources through public, private and city cooperation.
Page 1 of2
rj.'
CITY OF
ASHLAND
Council Options:
The Council may move to approve first reading of an ordinance that establishes the Detail Site Review
zone along the north side of Ashland, between Wightman and Walker Avenue, and exempts the area
from the Floor Area Ration standard, as recommended by the 20 I 0 SOU Master Plan
Potential Motions:
1. Move approval of first reading of an ordinance establishing the Detail Site Review (DSR) overlay
within the Southern Oregon University zoning district upon the area located adjacent to Ashland
Street, between Wightman and Walker Ave., and exempting this area from the Floor Area Ratio
standard as set forth in section II-C-2a(1) of the Site Design and Use Standards
Attachments:
1. Ordinance #1: An ordinance extending the City of Ashland Detail Site Review Zone for
consistency with the 2010 Southern Oregon University Master Plan.
o Exhibit A - Area included within Detail Site Review Zone
,
Note: The latest version of the 2010 to 2020 - SOU Campus Master Plan Update can be viewed on the
City of Ashland website at: http://www.ashland.oLus/SOU
Page2of2
r~'
ORDINANCE NO.
AN ORDINANCE EXTENDING THE CITY OF ASHLAND DETAIL
SITE REVIEW ZONE FOR CONSISTENCY WITH THE 2010
SOU CAMPUS MASTER PLAN
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold"" ~ <L _L and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland, acting by and through the City Council, is in the
process of updating the SOU Plan incorporated into the City of Ashland Comprehensive
Plan; and
WHEREAS, the updated SOU Plan map incorporated into the Ashland Comprehensive
Plan shows the extension of the detailed site design review zone, and
WHEREAS, the City of Ashland Zoning Map must be amended to be consistent with the
City of Ashland Comprehensive Plan
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashla':ld Zoning Map in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with
the comprehensive plan and that such amendments are fully supported by the record of
this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1 : RECITALS. The above recitals are true and correct and are incorporated
herein by this reference.
Page 1 of 2
SECTION 2. The officially adopted City of Ashland Zoning and Land Use Control Maps,
adopted and incorporated by Ashland Municipal Code Section 18.12.030, are hereby
amended to extend the Detail Site Review (DSR) zone designation to approximately
acres of land located: (1) along Ashland Street between Walker Avenue and
Wightman Street within 150 feet of Ashland Street right-of-way and (2) along Walker
Avenue between Ashland Street and south of Webster Street within 150 feet of the
Walker Avenue right-of-way in the SOU Zoning District within the City limits of the City
of Ashland, said overlay amendment is reflected on the revised Zoning and Land Use
Control Maps, attached hereto as Exhibit A, and made a part hereof by this reference.
Notwithstanding their inclusion in the Detailed Site Review Zone, developments in these
designated areas shall be exempt from the maximum floor area requirement in Section
II-C a (1) of the Site Design and Use Standards.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Comprehensive Plan and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, and amendments - including map amendments, combined, provided
however that any Whereas clauses and boilerplate provisions and text descriptions of
the map amendments (i.e. Sections 1, 3 and 4) need not be codified and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
~
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Staff Exhibit A - Approximate Area Included within Detail Site Review Zone
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Economic Development Strategy Update
June 1,2010 Primary Staff Contact: Adam Hanks
Administration E-Mail: adam{@.ashland.oT.us
N/A Secondary Contact: Martha Bennett
Martha Benne Estimated Time: 30 Minutes
Question:
Does the Council have questions about the status report on the Economic Development Strategy
process and the upcoming proposed citizen involvement plan?
Staff Recommendation:
Staff recommends Council provide feedback on the draft citizen involvement plan with the
understanding that the timing and exact number ofthe proposed activities and events have not yet been
determined or scheduled.
Background:
The creation of an Economic Development Strategy is a City Council Goal and funding for the project
was provided through changes in the rate and allocation of the transient occupancy tax (TOT) in 2009.
The Council Goal is as follows: .
The development and implementation of a comprehensive economic development strategy for the
purpose of
. Diversifying the economic base of the community
. Supporting creation and growth of businesses that use and provide local and regional products
. Increasing the number offamily-wagejobs in the community
. Leveraging the strengths of Ashland's tourism and repeat visitors
Strategy Process
As approved by the City Council in July of2009, the strategy development begun by building from the
Economic Opportunities Analysis (EOA) and draft implementation plan work completed by ECO
Northwest for the City in 2007.
In the fall of2009, the Council approved the Mayor's appointments of22 citizens and stakeholders to
an ad hoc Economic Development Strategy Committee. The Committee was divided into two groups,
a Policy Group and a Technical Advisory Committee (TAC). The two groups met six times over three
months and each developed a list of values, trends and strengths, weaknesses, opportunities and threats
(SWOT). This data was used to develop a future economic vision for the Ashland. This draft vision is
one of the elements that will go out for public comment.
Page 1 of4
r~.,
CITY OF
ASHLAND
Draft 2030 Economic Vision Statement
Ashland is a vibrant and livable community, enjoying a unique combination of performing and visual arts,
natural beauty, outdoor recreation, business entrepreneurship and urban services. with a small-town openness
and friendliness. Our economy is adaptive. resilient, and flexible, built on a world class foundation of the arts,
Southern Oregon University and a creative business sector that thrives on innovative and imaginative solutions
to local, regional and global opportunities and challenges.
The economic health of the community relies on the support and successes of our local businesses, excellent
education, high quality public services and targeted tourism and entrepreneurial programs all integrally
connected by an ongoing community commitment to sustainable practices.
Ashland has a prevailing pioneer spirit where small is beautiful. all voices have value. visitors are welcome and
cutting edge ideas can germinate and grow.
Draft Strategies
The two groups combined to create an initial list of over 50 potential strategies, or ideas/direction, to
address Ashland's current local economy's weakness and build on its strengths to achieve the stated
vision for our economic future. The potential strategies were individually ranked and prioritized by
each group member and the composite scores were used to provide an initial raw sort of the strategies.
The trends, values and SWOT data and vision statement, along with the original Council goal
statement, formed the baseline for the discussion, prioritization and selection of draft strategies.
During the sorting process, it was determined that some ofthe 50 items listed as strategies are specific
actions that are too narrow, while others are redundant or shared a similar theme with other listed
strategies.
The end result of the sorting process was an agreed upon "first cut" of Proposed Draft Strategies. The
strategies that "missed the cut" will still be tracked and provided as part of future discussions.
NEXT STEPS
As discussed with both the Policy Group and the T AC the Proposed Draft Strategies are now ready to
be presented to the public for comment. Staff is developing a multi-part public involvement process.
The public input will be used to refine and finalize the vision, narrow and prioritize the draft strategies,
and begin development of specific action plans to implement the strategies.
The proposed public involvement process has four basic parts:
Citizen Involvement
Focus Groups
Approximately ten focus groups formed by category including the following:
. Specialty Manufacturing
. Creative Arts cluster
. Workforce Development
. Healthcare/Eldercare
Page 2 of4
r~'
CITY OF
ASHLAND
. Sustainability Cluster
. Venture Capital Investment/Entrepreneurs
. Restaurants/Retail/Lodging
. Housing & Diversity
. LaborlWorker
Each focus group will be made up of eight to ten individuals with a keen interest or particular
expertise in each category. The groups will be professionally facilitated and designed to illicit
meaningful and relevant input and also ensure consistency of process.
Public Forums/Open Houses
An afternoon and an evening forum to present general economic development background
information, current strategy process and content as well as provide opportunities for question and
answer and individual input.
Targeted Group Presentations
Staff and/or Policy Group members will make presentations to groups that have specifically requested
discussions.
Online Ouestionnaire
A series of questions consistent with the focus group methodology with an additional text box for
general comment/input available throughout the citizen involvement process.
Implementation Planning
The Policy Group will review the input received and refine the Proposed Draft Strategies. Both the
Policy Group and T AC will then shift to discussing the actions that will be required to implement each
of the final strategies. Each supporting action will contain a timeline, a lead agency/partner/entity and
an associated metric for progress/success.
The implementation planning will assist the Group in assigning final prioritization and focus to each of
the strategies and will also provide a framework for overall strategy progress tracking and
communication to the City Council and the public.
Final Adoption
The complete Economic Development Strategy and supporting documents will be provided to the City
Council for review, adjustment and approval. Staff anticipates the draft strategic plan will be
completed in 2010. Staff is working to ensure adoption prior to the FY 2011-2012 budget process.
Related City Policies:
Economic Opportunities Analysis, March 2007
Ashland Comprehensive Plan
Chapter III, Citizen Participation
Chapter VII, The Economy
City Council Goals, 2009-20 I 0
Page 3 of4
~~,
CITY OF
ASHLAND
Council Options:
1) Accept proposed draft citizen involvement plan outline
2) Request Staff to modify the proposed draft citizen involvement plan outline for review on a future
Council meeting agenda.
Potential Motions:
1) I move to accept the proposed draft citizen involvement plan outline as stated in the Council
Communication in this meeting packet.
2) I move to request staff to modify the proposed draft citizen involvement plan outline and present for
review on a future Council meeting agenda
Attachments:
Proposed Draft Strategies - Priority List
Remaining Strategies (not selected for initial public comment)
Additional background information on the Economic Development Strategy can be accessed at
www.ashland.or.us/econdev
Page4of4
r~'
CITY OF
ASHLAND
Draft Proposed Strategies
Business & Economic Growth
Develop a set of target industry clusters/sectors to guide business cultivation,
research and job training strategies
Ensure a wide range of income opportunities, with a focus on growing the total
number of familv wage iobs in the private sector.
Provide a system or mechanism for private investment/capital in local businesses
Increase the viability of the existing tourist based economy by increasing tourism
in the fall, winter and spring, as well as by diversifying the types of events and
activities for our visitors
Develop a program for ongoing and coordinated efforts on local business
retention and expansion
Civic Communitv/Collaboration
Increase partnership/involvement with local and regional partners to leverage
strengths where mutually beneficial
Leverage and connect/match up existing local business expertise with small
business needs
Create and define quantifiable community "Quality of Life" indicators to measure
economic development strategy success
Diversi !Inclusion
Ensure that all needed housin
es are available across all income levels
Embrace and celebrate diversity so all people can succeed in Ashland, regardless
of age, income, race, ethnicity, religion, national origin, sexual orientation,
h sical ability or olitical beliefs
Education/Workforce Develooment
Provide local educational & technical skills development to match business
workforce needs
Trans ortationlUtili Infrastructure/Public Services
Ensure efficient and quality infrastructure for public and private use with a
variety of financing options and opportunities while assuring adequate land
supplies are available for needed business owth/expansion
Manage physical development in such away that provides public services at the
lowest responsible cost, improves environmental quality, and enhances Ashland's
uali of life
Ensure Downtown/Plaza is a communi hub & vibrant economic center
> Economic DEVELOPMENT STRATEGY
Enhancing economic strength in community
Considered, Not Recommended
Business & Economic Growth
Expand on the tourist/visitor and creative arts clusters
Create and promote a sustainability business cluster, leverging common
technologies and technical expertise
Promote and develop Ashland as a center for sustainability: conferences,
research, education, incubation of emergin~ business oDDortunties, etc
Expand and develop the emerging film/tv cluster through local, regional and
state coordinated efforts
Civic Communi /Collaboration
Take advantage of compatible regional, state and federal economic development
efforts
Create an ongoing communication forum/system for community economic
development issues (Economic Development Commission, Advisory Board,
coalition, etc)
Encourage and develop systems for local business to business transactions,
reducin imports and increasin local multi lier
Prepare a periodic measure of imports, especially in basic goods and services, to
underscore where local consumer demands may already exist to identify new
locall owned business 0 ortunities.
Diversi /lnc1usion
Increase the" oun famil
Increase the availabili of more diverse recreational facilities
Increase and promote opportunities for community and civic interaction (two-
wa for residents web, kiosk, forums, etc)
Education/Workforce Develo ment
Connect "budding" entrepreneurs with established businesses and community
leaders (local mentorin ro am)
Increase K-I2/RCC/SOU student intern work in the community (non-profit,
overnment, rivate)
Trans ortation/UtiIi Infrastructure/Public Services
Plan for an identifiable "University District" to strengthen Ashland's feel as a
university town
Expand programs that creative incentives for businesses to conserve energy,
water, and other natural resources.
Provide a clear and understandable process for all phases of the land
development & construction process, including site selection, data collection,
zoning approval, construction plan approval and utility/infrastructure review,
a roval and installation
CITY OF
A.SHLAND
Economic DEVELOPMENT STRATEGY
Enhancing economic strength in community
CITY OF'
ASHLAND
Develop and maintain a set of local economic data for ongoing economic
development related decision making
Develop mechanisms to maximize the use oflocal products and services for local
government/non-profit operations (i.e. purchasing, banking policies, etc)
Ensure Ashland Fiber Network remains current and viable in the
telecommunications market
Provide a stable local power grid with competitive rates .
Secure long term water stability
Provide efficient infrastructure for all modes of transportation for personal,
business and visitor uses
Preserve and expand Ashland's system of parks, trails, and open space, both
inside and outside of the formal city limits boundary
Ensure public facilities are utilized to full extent (land and buildings)
Ensure the long-term viability of public transit services that meet the needs of
employers and workers as well as residents.
Maintain a "real-time" available lands inventory to ensure a supply of lands are
available for the needs of the business community
> EconornicDEvELOPMENT STRATEGY
Enhancing economic strength in community
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Relating to Green Burials
June 1,2010 Primary Staff Contact:
Public Works/ Cemetery E-Mail:
Public Works Secondary Contact:
Martha Bennet Estimated Time:
Michael Faught
faughtm@ashland.oLus
Michael Morrison
5 Minutes
Question:
Should the City Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
Green Burials at City Cemeteries and Amending AMC 2.64.160"7
Staff Recommendation:
Staff recommends Council approve Second Reading by title only.
Background:
The current ordinance pertaining to ground burials requires that a liner or vault must be used as part of
the burial process. The desire of many people to be "green" now includes what will be done with their
remains after death. The current requirement of using a concrete or metal liner is not considered to be
environmentally sustainable. A true "green burial" will have no artificial or non biodegradable
materials placed in the grave, and embalming will either not be done at all, or it will be done with all
natural materials.
Many people are now requesting "green burials;" however, with the current ordinance this cannot be
allowed. The use of a liner was originally done to minimize settling and therefore minimize
maintenance in the cemeteries. While settling is minimized when a vault or liner is used, some settling
still occurs. Not using liners or vaults should have a minimal impact on the required maintenance in
the cemeteries and allow us to provide a service that currently cannot be provided.
Allowing the Public Works Director or his/her designee to determine where "green burials" will take
place within the cemetery will help to minimiz~ the settling by only allowing those burials to take
place in areas where settling is less likely to occur or where some settling will not cause a problem.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve Second Reading and adopt the ordinance.
(2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: [Conduct Second Reading of the ordinance by title only.]
Council: Motion to approve Second Reading and adopt the ordinance.
Attachments:
Proposed ordinance
Page I of I
r~'
/
ORDINANCE NO.
AN ORDINANCE RELATING TO GREEN BURIALS AT
CITY CEMETERIES AND AMENDING AMC 2.64.160
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold ,. ~,.. . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiqhters, Local 1660, Beaverton Shop.
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the Council wishes to adopt provisions to allow green burials at the city
cemetery.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.64.160 [Ground burials and interments in crypts] is hereby
amended to read as follows:
2.64.160 Ground burials and interments in crypts
A. Except for subsection C. Burials in the ground must be in liners sold by the
City of Ashland Cemetery Department, except that burials in steel vaults acceptable
to the Director of Public Works or the Director's designee are also permissible.
B. Interment in !!..,crypts must be in !!..,caskets or other suitable container approved
by the Director of Public Works or the Director's designee~
C. Green Burials will onlv be allowed in areas deemed acceptable by the
Director of Public Works or his/her desiqnee. Approval of a areen burial must
take place at the time of purchase. For purposes of this ordinance a "areen
burial" is a burial that takes place without the use of formaldehvde-based
embalminq, metal caskets, and concrete burial vaults.
Ordinance No.
Page 1 of 2
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Section 2) need not be codified and the City Recorder is authorized
to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
^
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 2 of 2
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Relating to the Disposal of Surplus Property
May 18, 2010 Primary Staff Contact: Megan Thornton
Legal E-Mail: thorntm@ashland.or.us
Legal Secondary Contact: appicelr@ashland.or.us
Martha Benn Estimated Time: 5 minutes
Question:
Should the City Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
the Disposal of Surplus Property"?
Staff Recommendation:
Staffrecommends Council approve Second Reading by title only
Background:
The City's policy regarding the disposal of surplus property is currently codified in AMC 2.50.127 as
Exhibit B. The proposed ordinance would remove the policy from this location in the public
contracting chapter and place it in a chapter 2.54, which is a newly created chapter specifically for
these procedures. The section titles for many of the sections have changed; however, no substantive
changes were made to the disposal process.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
1) Move to approve Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions: .
Staff: [Conduct Second Reading of the ordinance by title only.]'
Council: Motion to approve Second Reading.
Attachments:
. Proposed ordinance
Page 1 of I
ri. .,
ORDINANCE NO.
AN ORDINANCE RELATING TO THE DISPOSAL OF SURLUS PROPERTY
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold" ... .L . and additions are bold underlined.
WHEREAS, the disposal of surplus property is currently governed by Chapter 2.50
relating to public contracting; and
WHEREAS, disposal of surplus property is a process that should be separated
from public contracting and placed in its own chapter.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 2.54.010 [Disposal of Surplus and Abandoned Property]
through 2.54.110 [Proceeds from Surplus Property] are hereby added to read as
follows:
2.54 Disposal of Surplus Property
2.54.010 Disposal of Surplus and Abandoned Property.
The City of Ashland Finance Department may transfer, trade, auction or sell surplus
or abandoned property to other city departments, political subdivisions, state
agencies, or non-profit organizations. However, the disposal of surplus property
having residual value of more than $10,000 shall be subject to authorization by the
Local Contract Review Board.
2.54.020 Definitions
The following definitions apply to this chapter:
A. "Bid" means a competitive Offer to purchase advertised Surplus Property at a
price specified by the bidder.
B. "Cash" means U.S. currency, cashier's checks, and money orders made
payable to the City of Ashland.
C. "Employee's Household" means all persons residing with employee.
D. "Employee's Immediate Family" means the children, step-children, parents,
stepparents, grandparents and spouse of employee.
E. "Invitation to Bid" means a competitive Offer to bid on Surplus Property
available for public sale and is also known as a bid advertisement.
F. "Not-for-profit organization" means a nonprofit corporation as defined in ORS
307.130.
G. "Political Subdivision" means divisions or units of Oregon local government
having separate autonomy such as Oregon counties, cities, municipalities or
other public corporate entities having local governing authority.
H. "Purchasing Agent" means the City Administrator or his or her designee.
I. "State agency" means every state officer, board, commission, department,
institution, branch or agency of state government whose costs are paid
Ordinance No.
Page 1 of4
wholly or in part from funds held in the State Treasury, and includes the
Legislative Assembly and the courts, including the officers and committees of
both, and the Secretary of State and the State Treasurer in the performance
of the duties of their constitutional offices as defined in ORS 279A.250(4).
J. "Surplus Property" means all personal property, vehicles and titled
equipment property designated as surplus for sale to state agencies, political
subdivisions of the State, and private not-for-profit organizations or the
general public or any combination thereof.
2.54.030 Surplus Property Offered to Government & Non-Profits
A. Prior to offering surplus property for public sale, the Surplus Property may be
made available by direct transfer or direct sale to the following:
1. Other City departments,
2. Political Subdivisions,
3. State Agencies, and
4. Any non-profit organization determined to be eligible by the
Purchasing Agent.
B. Surplus Property acquired by political subdivisions, state agencies, or
qualified not-for-profit organizations through direct sales or transfers must be
used only in the conduct of their official public programs.
C. Surplus Property must not be acquired through warehouse floor sales or
direct transfer for any use or purpose other than conduct of their official
public programs, and not for resale or distribution unless otherwise pre-
approved by the Purchasing Agent.
D. Non-qualifying private entities and private citizens, separately or combined,
must not be eligible to acquire surplus property except at public sales.
2.54.040 Surplus Property Offered for Public Sale
A. The Purchasing Agent must conduct public sales for the disposal of Surplus
Property.
B. Methods of disposal may include, but are not limited to: oral auctions, sealed
bid sales and fixed price retail sales, separately or in any combination
thereof.
2.54.050 Conduct of Auctions and Sealed Bid Sales
A. The Purchasing Agent must advertise the date, time and location of public
auction or sealed bid sales.
B. An Invitation to Bid must be available at the auction site of an auction or
sealed bid sale.
C. The public may inspect property offered for sale at the time and place
specified in the Invitation to Bid;
D. The Purchasing Agent reserves the right to reject any and all bids regarded
as not in the best interests of the City of Ashland;
E. All items must be sold to the highest Bidder. All Surplus Property must be
offered "As-Is, Where-Is" with no warranty or other guarantee as to its
condition or fitness for use. A purchaser or disappointed Bidder does not
Ordinance No.
Page 2 of 4
have recourse against the City of Ashland or any of their respective officers,
employees or agents. .
F. All sales must be final.
2.54.060 Eligibility
A. Members of the general public may participate as buyers at public sales.
B. No employee or volunteer of the donating Department and/or Purchasing,
whether full-time, part-time, temporary or unpaid volunteer, or any member of
the employee's household, the employee's immediate family, or any person
acting on the employee's behalf may participate in public sales if the
employee has had any role in declaring the item surplus, processing the item
or related paperwork, or offering it for sale.
2.54.070 Payment
Full payment must be made within five (5) business days, unless otherwise
specified in the Invitation to Bid. Payment must by made by cash, cashier's check
or money order. The methods of payment, time limit for making full payment, and
the place where payment must be made will be specified in Invitation to Bid.
2.54.080 Promulgation of Disqualifying Criteria by Resolution
The Purchasing Agent may establish criteria to disqualify participants from surplus
sales pursuant to this Chapter by Resolution. Such criteria may be based on:
A. Conviction of fraud;
B. Inappropriate conduct;
C. Failure to claim purchases; or
D. Other documented activities determined by the Purchasing Agent to warrant
disqualification.
2.54.090 Claiming Items
A. Items that are not paid for in full and claimed by the time specified in the
Invitation to Bid will be offered to the next highest bidder.
B. Property paid for, but not claimed within the time specified in the Invitation to
Bid must be considered abandoned and ownership must default back to the
City of Ashland, unless prior approval is obtained from the City of Ashland
Purchasing Agent.
C. Title to the property sold will be transferred to the purchaser when payment is
made in full.
D. An Oregon Motor Vehicles Division trip permits must be obtained to drive
unlicensed motor vehicles that are purchased. The purchaser will be
responsible for obtaining a trip permit and certifying that the driver of the
vehicle has a valid driver's license and is insured as required by Oregon law
before a trip permit can be issued.
2.54.100 Other Means of Disposal of Surplus Property
A. With the prior approval of the Purchasing Agent, an authorized designee may
transfer computers and related hardware that are surplus, obsolete or
Ordinance No.
Page 3 of 4
unused to a common or union high school district or education service
district. The authorized designee may not charge the school district a fee for
the transfer.
8, The Purchasing Agent may recycle or otherwise dispose of property when
the Purchasing Agent determines the value and condition of the property
does not warrant the cost of a sale.
2.54.110 Proceeds from Surplus Property
The Purchasing Agent shall determine what fund and/or funds will be credited with
the proceeds received from the disposal of surplus property.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 2-3) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Implementation of Emer~ency Response Cost Recovery Pro~ram
Meeting Date: June 1,2010 Primary Staff Contact: John Karns
Department: Fire Department E-Mail: karnsj@ashland.oLus
Secondary Dept.: Administration Secondary Contact: John Karns
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Should the Council approve First reading of an ordinance titled, "An Ordinance Establishing and
Implementing a Program to Charge User Fees for the Deployment of Public Safety Services Rendered
by the City of Ashland, Ashland Fire and Rescue"?
Staff Recommendation:
Staffrecommends approval of First Reading of the proposed ordinance to AMC Chapter 10.00.00.000,
which establishes charges and rates for cost recovery for certain emergency responses by Ashland Fire
and Rescue.
Background:
Emergency services response activity to incidents continues to increase each year. Environmental
protection requirements involve an increased level of equipment and training. Hazardous materials
accidents can create substantial demands on all operational aspects of emergency services. Motor
vehicle accidents (MY A) are requiring an increasingly complex array of extrication equipment due to
modem vehicle construction and materials. Hydraulic extrication equipment that was adequate several
years ago may not allow for a timely victim extraction in today's automobiles.
Ashland Fire and Rescue has investigated numerous methods to maintain a high level of emergency
service capability in times of increasing service demands and fiscal challenges. Many motor vehicle
accidents and hazardous materials incidents involve individuals not owning property or paying taxes in
the City of Ashland. Additionally, in jurisdictions where there is an effective response by fire and
rescue services, insurance carriers realize a decreased cost through 6mely and effective management of
emergency situations, saving lives and reducing property damage. The City of Ashland staff desires to
implement a fair and equitable procedure by which to collect said emergency service fees involving
hazardous materials spills and motor vehicle accidents and shall establish a billing system in
accordance with applicable laws, regulations and guidelines.
Related City Policies:
. Section 10.00.00.000 of the AMC deals with public peace, Morals and safety
. ORS 478.310 (2) (a) deals with the Oregon State Fire Marshal's standardized costs schedule,
specifically Section III-B.
. Rates for recovering costs shall be those established in accordance with the Oregon State Fire
Marshal's standardized costs schedule as specified in ORS 478.310(2) (a), and as hereinafter
amended.
Page lof 2
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CITY OF
ASHLAND
. Fees will be based on both direct (apparatus, personnel, and miscellaneous supplies and
services) and indirect (billing and collection costs). No fees will be charged for the direct
provision of emergency medical treatment and supplies.
. Billing for emergency services will be through a contracted third-party vendor with knowledge
of applicable laws and regulations.
Fiscal Impact~
This program should generate approximately $15,000 to $18,000 annually depending upon response
activity.
Council Options:
(1) Move to approve First Reading and adopt the ordinance.
(2) Postpone c:onsideration of the propose ordinance.
Potential Motions:
. I move that the City
Attachments:
Proposed Ordinance
Exhibit A: Ashland Fire and Rescue Hourly Reimbursement Rate
B: Oregon State Fire Marshal's Standardized Cost Schedule
C: Oregon Revised Statute 478.310
Page2of2
~.l'
ORDINANCE NO.
AN ORDINANCE ESTABLISHING AND IMPLEMENTING A PROGRAM TO CHARGE
USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES RENDERED
BY THE CITY OF ASHLAND, ASHLAND FIRE & RESCUE
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold "M" OL and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though thi~ Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
and
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule cOr)stitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiqhters. Local 1660, Beaverton Shop, 20 Or.
App. 293, 531 P 2d 730, 734 (1975); and
WHEREAS, the emergency services response activity to incidents continues to
increase each year; environmental protection requirements involve an increased level of
equipment and training. Hazardous materials accidents create substantial demands on
all operational aspects of emergency services. Motor vehicle accidents are requiring an
increasingly complex array of extrication equipment due to modern vehicle construction
and materials, and
WHEREAS, Ashland Fire and Rescue has investigated numerous methods to maintain
a high level of emergency service capability in times of increasing service demands and
fiscal challenges, and
WHEREAS, many motor vehicle accidents and hazardous materials incidents involve
individuals not owning property or paying taxes in the City of Ashland,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: The City of Ashland Fire and Rescue Services shall initiate user fees for
the delivery of Fire and Rescue Services, personnel, supplies and equipment to the
scene of motor vehicle accidents and hazardous materials incidents as listed in
"EXHIBIT A". The rate of user fees shall be based on actual costs of the services and
that which is usual, customary and reasonable (UCR) as shown in "EXHIBIT A", which
Ordinance No.
Page 1 of 2
may include any services, personnel, supplies, and equipment and with baselines
established by.addendum to this document.
SECTION 2: The user fee shall be filed to the responsible party, representing an add-on
cost of the claim for damages of the vehicles, property and/or injuries. In the event
services are required relating to utilities causing safety problems to highway areas, and
if the area is deemed unsafe by emergency responders, the same billing process shall
apply to said utility, whose equipment related problems cause for an emergency
services response. The claim costs shall be filed to the insurance coverage of the owner
of a vehicle, owner of property, or responsible parties.
SECTION 3: The City of Ashland's City Council may make rules or regulations and from
time to time may amend, revoke, or add rules and regulations, not consistent with this
Section, as they may deem necessary or expedient in respect to billing for these fees or
the collection thereof.
SECTION 4: It is found and determined that all formal actions of this City Council
concerning and relating to the adoption of this Ordinance were adopted in open
meetings of this City Council, and that all deliberations of this City Council and any of its
committees that resulted in such formal actions were in accordance with all legal
requirements, and the Codified Ordinances of the City Council.
SECTION 5: This Ordinance shall take effect at the earliest ti.me permitted by law.
SECTION 6: These user fees for motor vehicle accidents (MV A) and hazardous
materials incidents will only apply to persons not residing within the City of Ashland as
the residents within the city boundaries currently subsidize emergency service costs
through their property taxes. Responses involving intoxicated drivers, hazmat clean-up,
and negligent acts may be subject to all applicable fees regardless of residency.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
Page 2 of 2
EXHIBIT A
ASHLAND FIRE and RESCUE
HOURLY REIMBURSMENT RATE
APPARATUS TYPE I I TYPE II TYPE III I TYPE IV TYPE V I TYPE VI
STRUCTURAL
ENGINE (May Have Off-Road BRUSH (With Off-Road BRUSH (With Off-Road
Capability) (Meets 1901 Capability) Capability)
Standards)
Pump (GPM) 1000 + 500 - 999 120 70 50 50
Tank (Gallons) r400 ' 400 >300 < 750 500 200
($ 1 OO/Hr) ($80/Hr) ($60/Hr) ($40/Hr) ($30/Hr) ($25/Hr)
TRUCK Aerial Elevated
Master
Stream N/A N/A N/A N/A
($ 150/Hr) ($100/Hr)
EQUIPMENT/
PERSONNEL In Use N/A N/A N/A N/A N/A
TRANSPORT" Only
($20/Hr)
COMMAND
VEHICLE" ($ 15/Hr) N/A N/A N/A N/A N/A
MOBILE
COMMAND ($100/Hr) N/A N/A N/A N/A N/A
CENTER
Personnel Reimbursement Costs
a) Career Firefighters
Whenever aid is supplied the reimbursement compensation paid to employees during the time
such incidents will be at the current applicable overtime rate as scheduled in the current
budget.
Exhibit B
ADlIlINISIl\ATION DMSlON
BOJmg s.:_ mdFomIS
.hm' )007
2. STAlE FIRE MARSHAL STANDARDIZED COST SeHEpULE
OREGON FIRE SERFICE MOBILIZATION PLlN
EMERGENCY COl'<RACRATION ACT
HOURLY REIMBliRSEMENT RAlE
APPARATUS TYPE I I TYPEll n'PEm I n'PEI\' TYPE V I n'PE VI
S1ltUCTURAI.
ENGINE (Maylln'l! Olf-Road BRUSH BRlJSH
ClIpability) (\\'lIh Olf-Road c.p.iri:Illy) (W1Ih Olf-Road Capollilily)
........-1901 Stmd!Jds\
~(GPM) 1000+ 500-999 120 70 50 50
Tm (Galkms) 400 >300 $.750 500 200
4(10
($100IlII) /5S01Hrl ~Hr) (SoIMfI) (ilO'lh) (lliIHr)
WAIER.
TENDER
~(GPM) 500 :lOO leO
Tm (Gallims) 5000 2500 1000 N1A N1A NIA
(17Mlr) ($5OiHrj (ilMlr)
1R.UCK A..w Elet>oted
Mailer
~ ,,~ N/A N1A N1A NIA
EQUIPMENT!
PEl!5ONNEL In Use N1A N/A N1A N1A NIA
TRANSPORT"- 0Dly
fr1ll>H"
COMMAND "ISi""
VEHIClE.. NlA N/A NlA N1A NIA
RESCUE ""Si""
VEHIClE' N1A N/.~ NlA N1A NIA
S~>Ii...l .....;,.......t "" appora_ shall be at . r.de negotiated wid> the Office of Stale Fm.
M=haI, ..g., mobile ""...."...;"ti~, m';"IPn~....tll!p3it, fuoJ, city som.., aim:aft fuo,
-";..,1, im~ HazMat, wvy roscue, water craft, ll>w tnd, air system, power
pIams.
No",: ~ nor ma1<:Jmrg ~ cTirsria (pump [GPMJ or rrmk {gailcmrJ) will b..
cl""sf/istJ '" r/r6 mDf!it rMrictiwr (lpor. e.g.. an engim1 with a _ qf J 00 GPM ..7tb a :> 300
galkm rrmk wauld b.. classsd as a T)pt1 IV engine. A ,smi.,. wirlt a 250 GPM _ and :woo
gallorr rrmk wauld b.. cl=Bd "" a T)pt1 D tendsr.
* No",: lnclmJe. -a;c IDIitt smi ambultmces.
**NoIB: WIlen a pril;ato voIriclB if used. th6 staItJ rBinrbunBS mil_ mrlr.
m~.2
d6:l~~
Exhibit C
478.310
Response to fire or public safety incident outside its
own territory by district or municipality;
(1) When a fire or public safety incident occurs outside the limits of a district or of a city
and help is asked of the district or city, the fire-fighting or public safety apparatus and
force of the district or city.may, with or without a contract to do so, be used for
extinguishing the fire or responding to the public safety incident in the other unprotected
or inadequately protected district or territory. However, the district or city so responding
shall be paid the contract or reasonable value for use, including repairs and depreciation,
of the apparatus and equipment so used and other expenses reasonably incurred in
furnishing the fire-fighting or public safety service.
(2) When a district or city responds to a call for assistance arising from an incident
involving an airplane crash or an occurrence on a transportation route within the city or
district, the district or city may recover from the person or property receiving the direct
fire or safety services as a result of the incident any cost incurred for the following:
(a) The contract or reasonable value of the use, including repairs and depreciation, of the
apparatus and equipment used in accordance with a state standardized-costs schedule
issued by the State Fire Marshal; and
(b) Other expenses or costs reasonably incurred in furnishing the assistance, as adopted
by the service provider.
(3) As used in this section, "transportation route" means a roadway, waterway or railroad
right of way against which no taxes or assessments for fire protection are levied by the
district or city.
(4) The provisions of this section do not apply to fire incidents involving only forest
resources that occur on lands protected under ORS chapter 477. [Amended by 1969 c.667
g23; 1983 c.572 gl; 1987 c.834 g2; 1997 c.274 g38]