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HomeMy WebLinkAbout2011-0628 Special Mtg PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit wrinen comments to the Council on any item on the Agenda, unless il is (he subject of a public hearing and the record is closed. Time permining, lhe Presiding Officer may allow oral testimony. )fyou wish to speak, please fill out the Speaker Request fonn located near the entrance \0 the Council Chambers. The chair will recognize you and inform you as 10 the amount of time alloned to you, if any. The time granted will be dependenllo some exlenl on the nature of the item under discussion, the number ofpeopJe who wish to speak, and the J:ngth oflhe agenda. AGENDA FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 28, 2011 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.] 5:30 p.m. Special Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. SPECIAL PRESENTATIONS & AWARDS. 1. Proclamation of Oregon Chi.ld Development Coalition Day. V. CONSENT AGENDA [5 minutes] 1. Will Council the minutes of the Boards and Commission? 2. Does Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to provide emergency dispatch services to Ashland? 3. Should Council approve a resolution titled, "A Resolution Transferring Appropriations Within the 2010-2011 Budget" to remain in compliance with Oregon Budget Law? 4. Does the Council wish to approve the collection agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol during the summer fire season? VI. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.050}) 1. Will the Council hold a public hearing and approve the request for a variance from the City's noise ordinance, AMC 9.80.170, for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? [5 Minutes] COUNCIL V1FETINGS AI,E BROA[)C\ST IJVE ON CHANNEL 9 VISIT THE CITY OF ;\SHL.\ND'S WF.B SITE;\T WWW.i\SI-IIn.\ND.CJR.US VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] Please note: Comments or questions from the public that are of a defamatory nature, such as statements directed at individual Councilors' character, intentions, etc., are out of order because they interfere with the work of the Council. The Council will not answer questions posed during public forum but may direct staff to answer such questions later. VIII. NEW AND MISCELLANEOUS BUSINESS 1. Will the Council approve the issuance of a City of Ashland license to the Oregon Shakespeare Festival Association for terminable exclusive use of a portion of Lithia Park for theatrical performances in temporary tent structures? [15 Minutes] 2. Will Council approye a resolution titled, "A Resolution Allocating FY2011-12 Economic Development Program Funds"? [5 Minutes] 3. Will Council approve the proposed contract with the,Chamber of Commerce for Visitor and Convention Bureau services for FY 2010-2011 in the amount of $293,160? and Will Council approve the proposed supplemental contract with the Chamber of Commerce for developing and completing a business retention and expansion survey consistent with the draft Economic Development Strategy in the amount of $25,000? [15 Minutes] IX. ADJOURNMENT In compliance with Ihe 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 Titfe I). . COUNCIL. "IFFTIN(,S ,\RF FlROADC\ST 1.1 V I: ON ClI!\:\:\1:19 VISITrllF CITY OF ASIILAND'S WEU SITE AT WWW.ASIIIAND.OR US CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 10, 2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Pam Marsh Debbie Miller John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Derek Severson, Associate Planner April Lucas, Administrative Supervisor Absent Members: Melanie Mindlin Council Liaison: Russ Silbiger, absent ANNOUNCEMENTS Commissioner Marsh announced their next meeting will be a joint study session with the Transportation Commission. Transit issues will be discussed, and several RVTD board members have been invited to attend. CONSENT AGENDA A. Approval of Minutes. 1. March 29, 2011 Study Session. 2. April 12, 2011 Regular Meeting. 3. April 26, 2011 Special Meeting. Commissioners Dawkins/Blake m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 4.0. (Miller abstained) PUBLIC FORUM No one came forward. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2011-00397 SUBJECT PROPERTY: 2234 Siskiyou Boulevard (accessed from Chitwood Lane) APPLICANT: Groundworks Community Development Corp. DESCRIPTION: A request for Outline and Final Plan review, and Site Review approval to construct a five-unit townhouse development under the Performance Standards Options Chapter (AMC 18.88) for the property located at 2234 Siskiyou Boulevard, also known as Chitwood Park. The applicants have also requested a Tree Removal Permit to remove three trees six-inches in diameter or greater at breast height; Exceptions to Street Standards to allow a dead- end street in excess of 500.feet in length, a private drive to serve five units, and a separation between driveways of less than 24 feet; and an Administrative Variance to the Site Design & Use Standards to allow a reduction in the separation and screening between residential units and parking areas. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R.l.7.5; ASSESSOR'S MAP: 391E 14 CB; TAX LOT: 100 Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ashland Planning Commission May 10, 2011 Page 1 of 5 Ex Parte Contact Commissioners Miller, Dawkins, Rinaldi, and Blake made site visits; no ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report and explained the application before them is a request for Outline and Final Plan review, and Site Review approval to construct five affordable townhome units at the end of Chitwood Lane. This application also includes a Tree Removal Permit to remove three trees on the property, three exceptions to the Street Standards, and an Administrative Variance to allow a reduction in the separation and screening between the residential units and parking areas. Mr. Severson stated the property is 2.41 acres and reviewed the zoning for this site and the surrounding area. He reviewed the site plan and elevations, and clarified all five units would be energy efficient. He noted the proposal includes ten on-site parking spaces to serve the five units, and also noted the proposed installation of bioswales and wetland ponds to accommodate stormwater runoff. ' Mr. Severson elaborated on the three exceptions to the Street Standards. He stated the first request is to allow a 20 ft. separation between driveways (AMC requires 24 feet); the second request is to allow a dead-end street in excess of 500 ft. and to have a private drive serving more than three units; and the final request is to not have an 8 ft. landscape buffer between the building and the parking area. Mr. Severson stated these exceptions speak to the intent of the proposal, which is to cluster the development to have the least possible impact. He noted while the applicant's are requesting a variance to the landscape buffer along the parking area, the buffer to the neighboring property owners has been doubled from the required 5 ft. to 10ft. Mr. Severson reviewed the on-street parking requirements and stated the Municipal Code indicates one on-street space shall be provided for each unit. He stated this requirement is intended to ensure new streets are built to accommodate adequate visitor parking; however in this case the applicant's are not proposing to install a new street. Mr. Severson stated even though a new street is not proposed, the applicant's have indicated this requirement can be satisfied by utilizing the 15 on-street parking spaces on Chitwood Lane. ' Mr. Severson briefly reviewed the Fire Marshall's concems regarding the proposed landscaping and stated the Fire Marshall would prefer to have plantings consistent with the City's Firewise Program. Severson noted this is not a requirement of the code, but the Commission could add this as a condition if they felt it was warranted. Fire Marshall Margueritte Hickman addressed the Commission and stated the Fire Department is recommending all new developments consider Firewise landscaping. She stated the Firewise Program recommends noncontiguous landscaping and recommends against certain plant types; however, this is just a recommendation and there is no code language that requires it. Commissioner Marsh requested the Fire Department present an overview of the Firewise Program at an upcoming commission meeting. Applicant's Presentation John Wheeler, Groundworks and Kerry Kencairn, Kencairn Landscape Architecture addressed the commission. Ms. Kencairn commented on the parking situation and stated the ordinance is written to provide on-street parking for street extensions or new streets; however this project is located in the park land, and their intent was to limit excess paving and to keep development as far away from the park as possible. Ms. Kencaim stated they would be providing two spaces for every unit on the site, and while they do not intend on using the on-street spaces on Chitwood, there are 15 spaces available within 200 ft of their development and technically this satisfies the City's requirement. Ms. Kencairn provided some background on this project. She explained the City provided a Request for Proposals for the creation of affordable housing on a piece of property owned by the Parks Department, and Groundworks was selected to develop this project. She reviewed the constraints of the property, and noted the adjacent riparian area which would be developed into a functional wetland. Ms. Kencaim noted they originally had a smaller buffer between this site and the adjacent properties, but in response to the neighbors' concerns they have retained the Cypress trees and moved the parking lot as far as possible from those trees. She noted that Junipers and other evergreens have been identified for the buffer area, and these were selected to create a dense visual screen for the neighbors. She stated they would be willing to move in a direction that would satisfy the Fire Department, however their main goal is to satisfy the neighbors. Ashland Planning Commission May 10, 2011 Page 2015 Ms. Kencairn reviewed the site plan, landscape plan, and grading of the site. She also commented on the sustainable features of the design and explained all five units would be Earth Advantage and solar ready. Mr. Wheeler noted that they have applied what was leamed from the Rice Parll and Verde Village projects and listed some of the specific features of the proposed development. '\ Ms. Kencairn noted part of their negotiations with the Parlls Department was to create a bioswale on the Parlls property. Mr. Wheeler added in exchange for use of some of the parllland for the bioswale, they agreed to pay for the master planning of the parll. When asked when this master planning will occur, Ms. Kencaim stated it will happen when the Parlls Department and neighborhood determine they are ready to move forward. She stated the parlls master planning is not part of this land use application, and this is a separate agreement they have with the Parlls Department. Mr. Wheeler commented that once the purchase and sale agreement is finalized, they will be obligated to provide the master planning for the parll. He further clarified that Groundworlls is pursuing this land use application in conjunction with the land purchase agreement. In terms of the development timeline, Mr. Wheeler stated they would begin construction as soon as they get through the planning and building permit process and have five families ready to go. He stated the homeowners will be participating in the construction of these homes, and are required to provide 32 hours per week in sweat equity. He added, however, that they would like to flexibility to not have these affordable units be sweat equity required, just in case Groundworlls has to build them themselves. Public T estimonv Matt Terreri/2252 Chitwood Lane/Stated he supports the development of this area, however he disagrees with the applicant's statement that there is adequate on-street parlling on Chitwood Lane. Mr. Terreri stated one side of the street is signed 'No Parking', and there is a fire hydrant on the opposite side which limits parking. He stated he does not believe there are available spaces within 200 It of the project site, and voiced his concems regarding parlling for this development as well as the future parll. Maria Barnes/2252 Chitwood Lane/Stated when she purchased her property she was told about the potential for an affordable housing complex and parll; however, following the neighborhood meeting last fall, she was told by the Parlls Department that they were delaying the parll due to funding. Ms. Bames stated the neighborhood consensus was to the have the parll in cohesion with the affordable housing. She questioned whether the proposed architecture was compatible with the surrounding homes, and also commented on the narrow width of Chitwood Lane. Patrick Hildreth/2242 Chitwood Lane/Stated parking on Chitwood Lane is very restricted, and larger vehicles (delivery trucks, etc.) have diffiCUlty tuming around on this narrow street. Mr. Hildreth suggested the applicant create four units instead of five, which would resolve many of the tight spacing issues. He voiced his support for affordable housing at this location, but stated the parll needs to go in as well. He added the neighbors were assured that they would be getting both, not one or the other. He also questioned how the traffic flow would be impacted with the increased vehicles trips created by this housing complex. Signa Fischer/2271 Chitwood Lane/Stated there is a fire hydrant in front of her home, and there is no on-street parlling available. Ms. Fischer stated Chitwood Lane is very narrow and very windy, and stated she is very concerned with whether parlling demands for this development will impact Chitwood. She added if the park is not developed, she has major concerns about the potential for a fire. George Cota/4300 Highway 66/Stated he was the developer of the Chitwood subdivision and concurred with the neighbors' testimony regarding the restricted parking on this street. He stated he feels betrayed by the City's Parlls Department and asked that this housing be developed in continuity with the parllland, and encouraged them to not do these separately. Applicant's Rebuttal John Wheeler and Kerry Kencairn/Ms. Kencairn provided an explanation of how she determined the on-street parlling availability on Chitwood Lane. She stated if she made an error in this calculation, then they will need to request a variance to the on-street parking standard since there is no way to create these extra spaces. Mr. Wheeler noted in his experience with these types of projects, families who qualify and participate typically do not have multiple cars. Mr. Wheeler provided an explanation of why five houses were proposed instead of four. He stated this was the number put forward in the City's RFP, and had Groundworlls lowered the number of homes they likely would not have been selected. Additionally, five Ashland Planning Commission May 10.2011 Page 3015 is the lowest number of families you can have to do a successful self-help project, and they also need a minimum of five to keep the units affordable. Ms. Kencaim commented that they have no control over how the Parks Department decides to move forward and she does not agree that the open space needs to be tumed into a developed park to facilitate the affordable housing. In regards to the concems about architectural compatibility, Ms. Kencaim stated she believes there are things they can do to satisfy these concems. Mr. Wheeler noted the siding that would be used, and assured the color palette would be complimentary. Commissioner Marsh closed the public hearing at 8:36 p.m. Staff was asked to respond to the neighbors' testimony regarding the available on-street parking. Mr. Severson stated the street width of Chitwood Lane is 23 feet, which is a foot wider than the requirement for a neighborf1ood residential street. He stated on his visits out to this site, he observed that the curbs could pose a problem for delivery trucks and construction trucks; however the signage that is in place is consistent with how the applicant described it. He stated the street is designed for parking on one-side, and the Public Works Department is responsible for the signage. Mr. Severson clarified the base density of the parcel is 8.6, and with the afford ability and energy efficiency components, the applicant's would qualify for density bonuses that. would allow them to build 13 units on this site. Commissioner Marsh closed the record at 8:43 p.m. Deliberations & Decision Commissioner Dawkins commented that they cannot combine this development proposal with what the Parks Department might do and this should be removed from consideration. Marsh agreed and stated there are issues that are outside their purview, although they can add comments or encouragement. Commissioner Dawkins/Blake mls to approve Planning Action #2011-00397. DISCUSSION: It was clarified this motion includes the exceptions and variances as presented in the staff report. In terms of parking, Commissioner Blake stated the City has painted the developer into a comer, and because of the incomes guidelines that governs who can live in these units, they may have capacity for guest parking on-site. He sympathized with the neighbors' concerns, but stated they are in a tough spot. Commissioner Rinaldi requested the Public Works Department provide a determination of where parking is allowed, both physically and legally, on Chitwood Lane. Comment was made that if the on-street parking situation is holding them up, they should consider postponing this decision until they hear from the Public Works Department. The Commission listed other issues they would like to discuss, and it was agreed that they should continue this hearing and obtain a detennination on the parking issue. Commissioner Dawkins withdrew his motion. Commissioner Dawkins commented on the Fire Marshall's concerns regarding the landscape plan and stated spacing out plants does not necessarily make them non-combustible, and he does not believe a linear grouping of plants would pose a significant fire hazard. He stated a landscape plan needs to take the deer into account, and stated he would not support a condition that requires the applicant's to use fire resistant landscaping. The Commission continued their discussion of this application and requested staff bring back the following infonnation: 1) the parking detennination for Chitwood Lane, 2) infonnation on the timeline for the park master plan and park development, and 3) the proposed building's color palette. Commissioners Dawkins/Miller m/s to reopen the public hearing and continue this item to the June 14, 2011 Planning Commission meeting. Roll Call Vote: Commissioners Miller, Dawkins, Rinaldi, Blake and Marsh, YES. Motion passed 5-0. OTHER BUSINESS A. TSP Joint Meeting Follow-up Discussion. The Commission held a brief follow-up discussion of issues presented at the April 26th joint study session. Transit issues were noted and Marsh recommended each of them make a point of riding the bus before their next joint meeting. Commissioner Rinaldi Ashland Planning Commission May 10. 2011 Page 4 015 voiced his objection to ideas being dismissed solely on the fact that there is no current funding. Commissioner Dawkins voiced his support for the use of express buses, and commented that the existing bus routes take way too long. Commissioner Marsh noted RVTD's strategic plan is available on their website if anyone is interested in some background material before their next meeting. ADJOURNMENT Meeting adjourned at 9:25 p.m. Respectfully submitted, April Lucas, Administrative Supervisor . Asl1Jand Planning Commission May 10.2011 Page 5 of 5 CITY OF ASHLAND Council Communication Intergovernmental Agreements with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services to Ashland Meeting Date: June 28,20]] Primary Staff Contact: Terry Holderness Department: Police Department E-Mail: holdernet@ashland.oLus Secondary Dept.: Fire Department Secondary Contact: John Karns Approval: Martha Benn Estimated Time: Consent Question: Does the Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to provide Emergency Dispatch Services to Ashland? Staff Recommendation: Staff recommends that the Council authorize entering into an intergovernmental agreement with Emergency Communications of Southern Oregon top provide emergency dispatch services in Ashland. Background: The Police and Fire Departments presently contract with Emergency Communications of Southern Oregon (ECSO) for emergency dispatch services. All Jackson County emergency services comm,unications are consolidated into the Emergency Communications of Southern Oregon (ECSO). There is no viable option other then ECSO available to the City of Ashland for providing emergency dispatch services. The cost of emergency dispatch services or the Police Department for the 20] 1120]2 budget year is $337,800.02 and the cost for Ashland Fire and Rescue is $]49,438.42. Related City Policies: None. Council Options: Approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services. Potential Motions: Move to approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services. Attachments: Copy of the Emergency Communications of Southern Oregon Intergovernmental Agreement for supplying emergency dispatch services to the Ashland Police Department. Copy of the Emergency Communications of Southern Oregon Intergovernmental Agreement for supplying emergency dispatch services to Ashland Fire and Rescue. Page 1 of 1 ~~, ;:A~ECS8~" EMERGEN<..I' COMMUNICATIONS OF SOlTrHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT ~iS Contract is made and entered into in duplicate this A ~ day of , 20!.!.., by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND FIRE DEPARTMENT hereafter "USER." WIT N E SSE T H: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapier 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Owest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all partiCipating agencies will be shared as part of the ECSO technical operating budget. . c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 8) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. 0) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. 2 e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Peiform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) ProviClefoftne maintenance and update orthe automated Geo-file and Master Street Address Guide. 7) Provide Phase II 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2011, and end at midnight on June 30, 2012. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1 st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. c. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. c. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $149,738.42 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. c. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% %) per month from its due date. 4 d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said defaull existing for thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such serVices for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 5 'j 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth. below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 USER: 15. Signalors: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO ~/~ fv{u,y-.i-/11!. d,&/Il1rll- (Print Name) dune... 10,:20(/ Date ' CEO Board. Chairman Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 ~!~ECS8~" EMERGENCY COMMUNICATJONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day . of , 20_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND POLICE DEPARTMENT hereafter "USER." W IT N E SSE T H: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Qwest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible formaintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. B) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. 2 e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-fiIe and Master Street Address Guide. 7) Provide Phase II 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2011, and end at midnight on June 30, 2012. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approvat of both ECSO and USER. c. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements' and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training. discipline. scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. c. The ECSO Director. or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: ["'" i Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th. the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting. . . 8. Financial: a. USER shall pay ECSO the total sum of $337,800.12 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. 'payments shall be made to ECSO, 400 Pech Road. Central Point, OR 97502. C. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% %) per month from its ~~a . 4 d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate, further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that thE! prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 5 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the' address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 USER: 15. Slgnators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. , , I ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Dale APPROVED AS TO FORM: Martial E. Henault, ECSO legal Counsel Date 6 , , I , I i , , CITY OF ASHLAND Council Communication A Resolution Transferrin~ Appropriations within the FY 2010-2011 Bud~et Meeting Date: June 28, 20]] Primary Staff Contact: Lee Tuneberg Department: Finance E-Mail: tuneberl@ashland.oLus Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: Consent Question: Should Council approve a resolution titled, "A Resolution Transferring Appropriations Within the 2010-20]] Budget" to remain in compliance with Oregon Budget Law? Staff Recommendation: Staffrecommends approval of the attached resolution to transfer appropriations within specified funds for stated reasons. Background: There are three ways in which to change appropriations after the Budget is adopted. I. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget ofless than ]0 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of] 0 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. A transfer of appropriations (Item #] above) is needed to adjust the FY 20]0-20]] budget for the following reasons: . The Administrative Services Department is requesting transfers from Contingencies in several funds to move monies to the Reserve Fund as approved by Council in February and to guard against budget violations by over expending for anticipated expenses in late June. . The Municipal Court needs a transfer of appropriations to cover operational costs relating to additional part-time help to staff the court and front counter. . The Fire Department is requesting a transfer of appropriations in response to increased costs relating to the Oak Knoll Fire, additional expenses to meet federal emergency training requirements and advanced costs relating to the weed abatement program. This is the TH]RD transfer of appropriations request for FY 2010-20] 1. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request and in the accompanying departmental memoranda. Page I of2 ~~, CITY OF ASHLAND Related City Policies: None. Council Options: Council may accept this transfer of appropriations as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: Council moves to adopt the transfer of appropriations resolution, amending the FY 20]0-2011 budget. Attachments: Resolution transferring appropriations within the 20] 0-20 II Budget Administrative Services Memo Requesting Transfers of Appropriations Municipal Court Memo Requesting a Transfer of Appropriations Fire Department Memo Requesting a Transfer of Appropriations Page 2 of2 ~~, RESOLUTION NO. 2011- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2010-2011 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: . SECTION I. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: General Fund To: Administration - Court Administrative Services - Misc Fire and. Rescue Department Operating Transfers - Out $18,000 $25,000 $40,825 $360.500 From: Contingency $ 444,325 To Transfer appropriations from Contingency to Administration - Court for additional costs for temporary employee and legal costs. To Transfer appropriations from Contingency to Administrative Services - Misc for the change out o(the light fixtures in the downtown area. This is being funded by TOT Tourism Funds. As well as for write offs from Utilities Service Customers. To Transfer appropriations from Contingency to Fire and Rescue for overtime costs occurred during the Oak Knoll Fire and for NIMS Training. To Transfer appropriations from Contingency to Operating Transfers - Out to recognize Council's request to transfer Ending Fund Balances when higher than budgeted to the Reserve Fund. Airport Fund To: Public Works - Materials and Services From: Contingency $5,000 $5,000 To Transfer appropriations from Contingency to the Public Works - Material and Services for the interest paid for the Interfund to the Water Fund. Water Fund To: Electric Conservation From: Contingency $10,000 $10,000 Page 1 of2 To Transfer appropriations from Contingency to the Electric Conservation Program to ensure adequate funding for conservation programs that will occur in June. Electric Fund To: Electric - Supply Division From: Contingency $100,000 $100,000 To Transfer appropriations from Contingency to the Electric - Supply Division for costs of Purchase Power. Insurance Fund To: Personal Services From: Contingency $5.000 $5,000 To Transfer appropriations from Contingency to the Insurance Fund - Personal Services for higher costs for Health care than anticipated. TOTAL To: From: Division Appropriations Contingency $564.325 $564.325 SECTION 2. This resolution was duly PASSED and ADOPTED this _ day of June, 2011 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of June, 2011: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of2 CITY OF ASHLAND Memo DATE: TO: FROM: DEPT: SUBJECT: June 22, 2011 Martha Bennett, City Administrator Lee Tuneberg, Finance Director Administrative Services Request for Transfers of Appropriations This memo is to request changes in the FY 2010-2011 budget through transfers of appropriations. A primary transfer needed is the $360,500 from the General Fund to the Reserve Fund as accepted by Council in February 2011. Staff held off on this transfer to ensure sufficient funds were available in the General Fund Contingency to meet all needs for this year. This adjustment requires two steps. The transfer from Contingency to Transfers Out in the General Fund to create the appropriation and the actual movement of the approved amount to The Reserve Fund as a Transfer In. In reviewing the most recent financial reports Finance has also identified expenditure levels that are too close to the adopted appropriation levels to chance a violation of Oregon Budget Law. Budget law requires the City to not over spend the amount appropriated. If a department adheres to the budget but comes close to the total, there is no room for errors or emergencies that occur in late June. To ensure a budget violation does not occur, I am recommending the following transfers for the identified reasons: General Fund (from Contingency) Administrative Services - Miscellaneous needs $25;000 to help pay for the street light pole replacement project started this year to take advantage of the weather and timing and for additional bad debt write offs for electric user taxes owing to the General Fund. . Airport Fund (from Contingency) Materials & Services needs $5,000 to help pay for the last portion of interest due to the Water fund from an inter-fund loan done in prior years. Water Fund (from Contingency) Conservation is expected to be very close to 100% but a qualifying program expense late in June or an unanticipated expenditure' could cause a problem. Staff recommends transferring $10,000 to avoid a budget violation. Page] 012 ADMINISTRATIVE SERVICES DEPARTMENT D.l. Tuneberg, Director Tel: 541-488-5300 20 East Main Str..t Fax: 541-552.2059 Ashland, Oregon 97520 TTY: 800-735.2900 W'MY.ashland.or.us ='.11 CITY OF ASHLAND Memo Electric Fund (from Contingency) Electric Supply (purchases from Bonneville Power Authority) is expected to be very close to 100% but a significant change in operations such as demand on purchased power above normal spring usage could cause a problem. Staff recommends transferring $100,000 to avoid a budget violation. Insurance Fund (from Contingencv) Personal Services is expected exceed appropriations by a small amount due to the change in health care coverage. Staff recommends transferring $5,000 to avoid a budget violation. Please note that many of these changes are precautionary only. Unspent amounts well still increase the ending fund balances as they would have if they had remained in Contingency. Other transfer requests will come from the Fire Department and Municipal Court. . Page 2 of2 ADMINISTRATIVE SERVICES DEPARTMENT D.l. Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541.552.2059 Ashland. Oregon 97520 TTY: 800.735.2900 W'NW.ashland.oLus ~:., CITY OF ASHLAND Memo DATE: TO: Monday, June 20, 2011 Lee Tuneberg, Finance Director Cindy Hanks, Accounting Manager Tina Gray, Human Resource Manager Budget Transfer Request - Municipal Court FROM: RE: This year the Municipal Court became backlogged and had a serious workload issue when a regular employee was absent from work on approved Family & Medical Leave. As the Court only has three regular Fff employees, when one is gone for any length of time, only two employees are left to handle the front Counter, assist the Judge in Court and keep up with the tremendous paperwork involved with Municipal Court case management. The City has determined it is unsafe to have one employee working alone in Court, so for a period of time this fiscal year, we were vulnerable to unexpected Court closures due to staffing. When one Clerk was off on approved leave, the other two were barely able to take legally required breaks, and they could not take vacation or sick leave without shutting the Court down. The workload became overwhelming. Rather than close the Court frequently and unannounced, the City hired a PIT Temporary employee to help cover staffing shortfalls. As we review the budget status, it is apparent that without intervention, the Municipal Court will be over budget. We would like to request a budget iransfer of$18,000 from contingency to cover the costs associated with hiring temporary staffing in January 20 II, and to prevent a Budget violation. The Budget Committee has approved a request for an additional Pff position so this won't continue to be an issue for the Municipal Court in the future. ADMINISTRATION/HUMAN RESOURCES 20 E. Main Street Ashland,Oregoo97520 WVNI.ashland.or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800.735.2900 r~' CITY OF ASHLAND Memo DATE: TO: June 16,2011 Lee Tuneberg Martha Bennett John Karns Request for FY 2011 Budget Supplement FROM: RE: Ashland Fire & Rescue experienced some unforeseen expenses during the current fiscal year. Though we were able to absorb some of these costs, we are requesting a budget supplement for FY 20 II in the amount of $40,823.04 based on the following factors: . The Oak Knoll fire in August of 20 10 produced unfunded expenses for materials and supplies as well as personnel overtime. These costs primarily occurred during the fire and the three days immediately after. There were also some costs incurred for the investigation and subsequent trial. The breakdown of those expenses is as follows: o Materials and Supplies $ 5,589.00 o Salary/Overtime $15,670.96 o Total $21,260.65 . Ashland Fire & Rescue provided the required National Incident Management System (N1MS) .training for its members as well as other City employees and elected officials. AF&R is requesting that the cost of the classes and V, of the overtime costs for the department's employees be supplemented to our budget. o Materials and Supplies $ 3,592.39 o y, of Salary/Overtime $12,464.00 o Total $16,056.39 . The budget for FY 2012 included hiring and equipping a full time season Weed Abatement Officer. While the costs for this position are budgeted and approved for FY 2012, the position was filled prior to the start of the program on June 15. We are requesting a budget supplement for the costs incurred during FY 20 II that were not budgeted. o Materials and Supplies $ 200.00 o Salary $3,306.00 o Total $3,506.00 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Watershed Patrol Agreement with the USFS June 28, 2011 Primary Staff Contact: John Karns Fire Department E-Mail: karnsj@ashland.or.us Administration Secondary Contact: Martha Bennett Martha Benne Estimated Time: Consent Question: Does the Council wish to authorize staff to sign a collection agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol during the summer fire season? Staff Recommendation: Staff recommends the approval of the agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol during the fire season. The agreement is not completed at this point, but it will be similar to arrangements made in the past. Background: The purpose of this Collection Agreement is to provide for law enforcement patrols within the Ashland Interface and Ashland Creek Watershed above the City of Ashland. These lands comprise of both City owned and National Forest lands. This agreement will help accomplish mutually beneficial objectives related to fire prevention and recreation use. The public will benefit as well by increased protection to the City's domestic water supply, along with the ability to recreate in a safer forest environment. The agreement is for the City of Ashland's portion of the position funding providing for 16 hours per week of patrol on USFS and City owned lands. The actual patrol is implemented by the Jackson County Sheriffs Office. This collection agreement is for 5 years and is an extension of the program that has been in place since 2003. The final draft of the agreement may not be available by the 6/28/20] I Special Meeting. Council Options: . Authorize the staff to sign the collection agreement . Reject the request to have staff sign the collection agreement Potential Motions: Move to authorize staff to sign the collection agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol. Attachments: None. Page I of I ~~, CITVOF ASHLAND Council Communication Request for Noise Variance for OSF Performances in Lithia Park Meeting Date: June 28, 2011 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: Dave Lohman Approval: Lee Tuneberg JJJ.j Estimated Time: 5 minutes Question: Will the Council hold a public hearing and approve the request for a variance from the City's noise ordinance, AMC 9)10,170, for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? '0 r . Staff Recommendation: Staff recommends the City Council approve the following: The City of Ashland requests a variance to accommodate sound resulting from OSF performances in Lithia Park from July 1,2011 through November 6, 2011 or until OSF performances are no longer in Lithia Park. Background: On June 22, 2011 the Parks and Recreation Commission approved the request from the Oregon Shakespeare Festival (OSF) to hold performances in Lithia Park. AMC 9.08,170 Section D lists specific noise prohibitions. Subsection 8 of Section D allows the City Administrator to grant a permit for'amplified noise. Section F h exempts outdoor events from the prohibitions. However, Section E sets decibel limits notwithstanding Section D8 and Section E. E I, Decibel Noise Standards Allowable Statistical Noise Levels in any One Hour: 7 a.m, to 9 p,m. 9 p.m. to 7a.m, L50 -50 DBA L50 - 45 DBA LlO-55 DBA LlO-50DBA LI - 60 DBA LI -55 DBA where: L50 = noise level exceeded 50% of the time LI 0 = noise level exceeded 10% of the time LI = noise level exceeded 1% of the time ( Since it is unknown whether sound from the OSF performances in the park will exceed the Decibel Noise Standards, staff believes it is best to grant a noise variance for OSF. Section E 4 states the Council may grant a variance to the Decibel Noise Standards and shall notify all residents within 200 feet of the proposed variance and hold a public hearing before making decisions. Page I of2 .... .._~ CITY OF ASHLAND Flyers with information about the Public Hearing were hand delivered to households within 200 feet of Lithia Park. Since it is unknown when the Angus Bowmer Theatre will be repaired and therefore how long OSF will offer performances in Lithia Park, the variance is July I, 20 II through the end of the OSF season, November 6, 20 II. Related City Policies: AMC 9.08.170 Council Options: . Approve the noise variance . Do not approve the noise variance Potential Motions: . Move approval of a noise variance to accommodate amplified sound resulting from OSF performances in Lithia Park . Move denial of a noise variance and Attachments: None \' Page 2 of2 r.l' CITY OF ASHLAND USE LICENSE Ashland, OR 97520 (541) 488-6002 Licensee Name: Oregon Shakespeare Date: June 28, 2011 Festival Association ("OSF") Licensee Address: Description of City property to be used: 15 South Pioneer Street The Lithia Park lawn area bordered by Ashland, OR 97520 the lower Duck pond on the North, by Telephone #: the toe of the slope on the East, by the 541-488-2111 serpentine rock wall on the west and extending on the south end 40 feet into the playground lawn. ("Use Area") Purpose: To authorize OSF to use the specified area of Lithia Park for up to several months in 2011 for theatrical productions displaced from the Bowmer Theater due to emergency repairs. Period of use: July 5,2011 to Hours of use: 8:00 a.m. to 1 a.m. December 1, 2011 The City of Ashland ("City") and the Licensee named above agree this license is subject to the following conditions and requirements: 1. EXCLUSIVE USE. Licensee will have exclusive use of the Use Area for the duration of this license, except for the routine maintenance and oversight activities ofthe Ashland Parks and Recreation Department ("Parks"). Licensee will erect a main tentstruc~ure approximately 60' X 120', to accommodate a stage and seating for 600, as well as two smaller adjoining tent structures for dressing rooms and a foyer and a separate smaller tent for onsite storage. Licensee shall not attempt to restrict other users of Lithia Park from engaging in allowable activities in other parts ofthe park. 2. TERMINATION OR MODIFICATION. The City may terminate or modify the conditions of this license at any time after giving Licensee 7 days' advance written notice. LICENSE Page 1 3. SAFE ACCESS FOR L1THIA PARK VISITORS. _ Licensee shall inspect the Use Area and the entry walkways to it before and after each theatrical production and shall remove, eliminate or correct any unsafe or dangerous conditions and any pedestrian obstructions, including power lines, lighting, and tent supports that could be hazardous or unnecessarily inconvenient for Lithia Park ("Park") users. Licensee shall maintain the Use Area and immediately adjoining areas in safe condition for the duration ofthe license. While Licensee will block public use ofthe sidewalk east of the serpentine rock wall along the west boundary of the Use Area and the sidewalk along the toe of the slope at the east boundary of the Use Area, the sidewalk west of the rock wall shall be kept clear for use by both OSF patrons and non-OSF visitors to Lithia Park. The walkway extending from Pioneer Street, diagonally along the hillside, east of the lawn and landing between the stage area and th.e playground, ,shall remain open for public use except during performances. 4. PROTECTION OF STRUCTURES AND VEGETATION, Licensee must obtain the approval by the Parks Director or designee of a plan for set-up and take-down o(the tents. The plan shall include written identification prior to set-up and prior to take-down of expected damage to Park structures and vegetation other than grass, Licensee shall provide to the Parks Director a written after-event assessment of damage to Park structures and vegetation other than grass immediately following set-up and then again immediately following take-down. Licensee shall undertake set-up and take-down only when a designated Parks representative is on site for observation and consultation, shall immediately cease its activities if the Parks representative so requests, and shall resume the activities only when authorized to do so by the Parks representative or the Parks Director. Licensee shall cut or trim trees only under the supervision of a licensed arborist approved by the Parks Director. Licensee shall place physical barriers around all trees in the Use Area to protect them from damage and shall comply with Parks' requests to undertake actions to prevent damage to tree roots from soil compaction. Licensee shall install flooring inside and adjacent to the tents high enough off the ground to place irrigation lines underneath to provide water for the trees in the Use Area. S. RESTORATION, LICENSE Page 2 Licensee shall, to the satisfaction of the Parks Director, fully restore or mitigate for any damage to Park structures, vegetation or soils resulting from its use of the Use Area, 6. NOISE. Licensee will limit the impacts on nearby residences of noise from its theatrical productions by using noise-dampening liners on the walls and roof of the main tent and by undertaking other.reasonable noise-reducing measures which do not significantly diminish the effectiveness of its performances. 7. LIGHTING. All exterior lighting will be in compliance with the Ashland Parks and Recreation Department "Dark Sky Requirements" and will be directed downward to limit impacts on nearby residences. 8. CONCESSIONS. Licensee may sell snack foods, souvenirs and non-alcoholic beverages to its patrons in the Use Area. 9. CLEAN UP. , All waste and debris resulting from Licensee's activities on the Use Area shall be disposed of by Licensee as directed by the City. Licensee shall pay all charges for janitorial and garbage removal services. The Use Area shall be maintained in a clean, neat condition for the duration of the license, except for the initial and concluding periods of set-up and take-down activities, 10. RESTROOMS. Licensee will provide at least 20 rented portable restrooms for its patrons and employees at the north end of the Use Area in locations specified by the Parks Director. OSF patrons and employees may also use the nearby permanent public restrooms. Licensee shall be responsible for cleaning and stocking both the portable rest rooms and these permanent public restrooms following each performance. OSF shall be responsible for locking the permanent public restrooms adjacent to the Use Area after each nighttime performance. 11. PARKING. No special accommodations for parking for OSF patrons are authorized under this license. 12. FIRE PREVENTION AND EVACUATION PLAN. Before July S, 2011, Licensee shall submit to and obtain Ashland Fire Department approval of Licensee's plan for fire prevention on the Use Area, for safe evacuation in the event of fire, LICENSE Page 3 and for provision of emergency medical services. Licensee shall comply with the directions of the Ashland Fire Department Chief concerning provisions for such emergencies. 13. OVERTIME PAY FOR CITY EMPLOYEES. Licensee will reimburse City and Parks for overtime pay, including benefits, required to be paid to City and Parks employees for time spent beyond their normal work days to help Licensee meet its planned performance schedule on the Use Area, Licensee will reimburse the City and Parks Department for all materials and services purchased on their behalf. 14. LIABILITY AND INDEMNIFICATION OF CITY. The City shall not be liable to Licensee for damages or for loss of revenue, including any damages or loss of revenue, in the event of a successful challenge to any land use approval or permit issued in connection with Licensee's use of the Use Area. Licensee shall indemnify the City and its employees against all claims, damages, costs !lnd expenses, including reasonable attorneys' fees, arising from its use of the Use Area; from any breach or default by Licensee in the performance of the terms of this license; or from Licensee's negligence; provided however, Licensee shall not be required to indemnify City for any of the City's attorney fees as a result of any challenge to any land use approval or permit issued in connection with Licensee's use of the Use Area.. 15. INSURANCE. Notwithstanding any other provisions in the license, prior to july 5,2011 Licensee shall obtain at Licensee's expense the insurance specified in Addendum "1", attached hereto, and shall maintain it in full force and at its own expense throughout the duration of this license. Such insurance shall be on an occurrence basis; shall be primary and non-contributory, and shall include contractual liability. Licensee shall obtain such insurance coverage from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in Oregon and that are acceptable to City. Licensee shall add City as an additional insured on all policies. Licensee shall furnish evidence of workers' compensation coverage on all statutory workers. 16. SECURITY. Licensee shall provide 24 hour per day security services to protect OSF property and Park improvements and trees and other vegetation from loss or damage and to prevent unauthorized persons from entering 'upon and injuring themselves in the Use Area. 17. COMPLIANCE WITH EXISTING LAW. While occupying the Use Area, Licensee and its employees, agents, contractors and guests must comply with all applicable City code provisions, statutes and regulatory requirements as they may be hereafter modified or qualified, including, without limitation, the Americans with LICENSE Page 4 Disabilities Act, the Oregon Fire Code as amended by the Ashland Municipal Code, The Oregon Specialty Code, and federal and state environmental laws and regulations. 18. NON-TRANSFER. Licensee may not assign, delegate, or subcontract to any other person or entity any right or duty granted or required under this license without the written consent of the City, 19. ON SITE MATERIALS AND EQUIPMENT. Only items necessary for the purpose stated above and agreed to by the City and the Parks Director may be placed in the Use Area. Licensee shall pay as due all taxes on its personal property located on the Use Area 20. LICENSEE CONTROL. The City agrees that Licensee shall have sole control of the method, hours worked, and time and manner of compliance with this license, other than as specifically provided herein, The City reserves the right only to inspect the Use Area for the sole purpose of insuring compliance with the license, The City takes no responsibility for supervision or direction of compliance by Licensee or.its employees agents, contractors or guests. The City further agrees that it will exercise no control over the selection and dismissal of Licensee's employees, agents, contractors or guests, 21. UTIlITIES, Licensee shall pay all charges for power, heat, air conditioning, telephone and domestic water service used, rendered or supplied upon or in connection with its occupancy of the Use Area. 22. NON-DISCRIMINATION. In performance of the activities authorized and required by this license, Licensee shall not discriminate against any employee, participant, or applicant for employment because of age, race, color, sex, sexual orientation, religion, handicap, physical condition or developmental disability, 23. INTEGRATION. This license, together with the requirements herein and referenced parts and attachments, shall:constitute the entire license; previous communications pertaining to this license are hereby superseded. Any revisions including time extensions must be made by an amendment to this license or other written documentation, signed by both parties. OREGON SHAKESPEARE FESTIVAL ASSOCIATION, LICENSEE: By: Its: Date LICENSE Page 5 CITY OF ASHLAND By: Its: Date LICENSE Page 6 ADDENDUM "1" INSURANCE COVERAGE REQUIREMENTS A. REQUIRED INSURANCE. Notwithstanding any other provision irithe license, Licensee shall obtain at Licensee's expense the insurance specified in this Addendum prior to performing under this license and shall maintain it in full force and at its own expense throughout the duration of this license, Licensee shall add City as an additional insured on all policies and Licensee shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State and that are acceptable to City. 1. WORKERS COMPENSATION. All employers, including Licensee, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Licensee shall require and ensure that each of its subcontractors complies with these requirements. 2. COMMERCIAL LIABILITY. a. Commercial General Liability. Commercial General Liability Insurance covering bodily injury, death and property damage in a form and with coverages that are satisfactory to the City. Coverage shall be written on an occurrence basis, Licensee shall provide proof of insurance of not less than the following amounts as determined by the City: Bodily InjurylDeath: , $1,000,000.00 Per occurrence limit for any single claimant; $2,000,000.00 aggregate, and $5,000,000.00 Per occurrence limit for any number of claimants: AND b. Property Damage: $1 million Per occurrence limit for any single claimant; and $5 million Per occurrence limit for any number of claimants. AND c. Umbrella Policy $5 million INSURANCE COVERAGE REQUIREMENTS Page 1 3. AUTOMOBILE LIABILITY INSURANCE: a. Automobile Liability. Automobile Liability Insurance covering all owned, non- owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for "Commercial General Liability" and "Automobile Liability"). Licensee shall provide proof of insurance of not less than the following amounts as determined by the City: Bodily Injury/Death: $1 million Per occurrence limit for any single claimant; and $5 million Per occurrence limit for any number of claimants 4. PROPERTY COVERAGE a. Property Coverage. All Risk Coverage for all material owned by OSF. B. NOTICE OF CANCELLATION OR CHANGE. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non- renewal of insurance coverage(s) without sixty (60) days' written notice from this Licensee or its insurer(s) to City. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of license and shall be grounds for immediate termination of this license by City. C. CERTIFICATE(S) OF INSURANCE. Licensee shall provide to City Certificate(s) of Insurance for all required insurance before performing any activities on the Property related to this license, The Certificate(s) must specify all entities and individuals who are endorsed on the policy as Additional Insured (or Loss Payees). Licensee shall pay for all deductibles, self-insured retention and self-insurance, if any. INSURANCE COVERAGE REQUIREMENTS Page 2 CITY OF ASHLAND Council Communication Allocation of FY 2011-12 Economic Development Program Funds Meeting Date: June 28,2011 Primary Staff Contact: Martha J. Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: Finance/Admin. Sv Secondary Contact: Lee Tuneberg Approval: Martha J. Bennet Estimated Time: 5 Minutes Questions: Will the Council approve a resolution titled, "A Resolution Allocating FY 2011-12 Economic Development Program Funds"? Staff Recommendation: Staff recommends that Council adopt the attached resolution, Background: The Citizen's Budget Committee approved the fiscal year 2011-12 budget that included $150,000 allocated for City Economic Development Program expenditures. With the Economic Development Strategy nearing completion, Staff has proposed a resolution for program expenditures that are consistent with the priority level one actions detailed in the draft Strategy. Business Retention and Expansion Survev..........,.....,................. .,.....,........... ..$25,000 As detailed in the attached draft contract between the City and the Chamber of Commerce, the Business Retention and Expansion survey is a key tool in understanding the challenges, needs and opportunities for Ashland's key traded sector businesses. 'The ability for those businesses to grow and add quality jobs to our local economy is essential to Ashland's long term economic stability. The survey results will further define and prioritize follow up actions, activities and programs of the Strategy. Citv Staffing for Economic Development Strategv implementation coordination........ ..$20,000 This allocation will be utilized for staff time associated with the internal and external coordination needed for the Strategy implementation over the next fiscal year. Urban Renewal Plan...,.,.................................",....",........................,.. ,... .$85,000 This is a staff estimate for a consultant contract to develop a complete Urban Renewal District(s) plan should the City Council choose to move forward after the review and acceptance of the Urban Renewal Feasibility Study that is currently underway and scheduled for completion in late summer/early fall of 2011. Should Council vote not to move forward, the $85,000 will be reserved for future Council consideration and allocation. TOTAL...",..........""..................................,..............,.....",."...",...,.. ,$130,000 Page 1 of2 r.l' CITY OF ASHLAND The remaining $20,000 is proposed to be set aside for Strategy implementation in the 2012-13 fiscal year or could be utilized by Council for qualifying special projects at a future date in the 2011-12 fiscal year. Related City Policies: This resolution implements portions of the Economic Development Strategy and supports the Economy Element (Chapter 7) of the Comprehensive Plan, Council Options: Council can approve or deny the resolution as proposed. Council can provide additional direction to staff for amendments to the resolution. Potential Motions: . I move to approve the Economic Development Program allocation resolution, . I move to direct staff to revise the agreements in the following ways (list them) and bring it back for consideration by the Council. Attachments: Draft resolution Resolution 2011-07 Page 2 of2 ~~, RESOLUTION NO. 2011- A RESOLUTION ALLOCATING FY 2011-12 ECONOMIC DEVELOPMENT PROGRAM FUNDS THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I, That the City Council recognizes that the Citizens' Budget Committee approved the fiscal year 201 1-12 budget that included $150,000 in the general fund with the understanding that the City Council would, by resolution, allocate those funds to implement the City's Economic Development Strategy, SECTION 2. The FY 2011-12 Economic Development Program funds of$150,000 will be allocated as follows: A. $25,000 - Chamber of Commerce contract to complete a Business Retention and Expansion Survey B. $20,000 - Staffing for coordination and implementation of Economic Development Strategy C. $85,000 - Contract to complete an Urban Renewal Plan * * Expenditure of the $85,000 is contingent upon City Council approval pending the outcome of the Urban Renewal Feasibility Study to be completed and presented to City Council in the first quarter of FY2011-l2. D. $20,000 set aside for Economic Development Strategy implementation in FY 2012-13 or future qualifying special project in FY 2011-12 as determined at a future date by City Council. SECTION 3. This resolution was duly PASSED and ADOPTED this ,2011, and takes effect upon signing by the Mayor. day of Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of I RESOLUTION NO. ;)0 I \ - 0', A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTELIMOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2010-06, THE CITY OF ASHLAND RESOL YES AS FOLLOWS: SECTION I. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the HoteVMotel Tax also known as the Transient occupancy Tax (TOT). SECTION 2. The following are the goals which the Budget Conimittee is attempting to meet by granting money to applicants for: a) Tourism Promotion: 1. Attract someone who travels to Ashland from more than 50 miles away to attend 'an event. 2. Attract someone who stays the night in Ashland to attend an event. b) Economic Development: I. Promote increased number, variety and size of employers. 2. Encourage wages at or above median wage, 3. Promote businesses that employ 5 to 100 people or is locally owned. 4. Encourage use of local resources. 5. Work with Southern Oregon University, especially for international commerce. 6. Encourage businesses that efficiently use resources and minimize their impact on the environment such as water and air pollution or creation of toxic waste. 7. Promote businesses and institutions that encourage sustainability. c) Cultural Development: I. Increase the number, variety and size of cultural opportunities in Ashland 2. Support diversification of the local economy 3. Showcases local talent 4. Work with Southern Oregon University on cultural programs d) Sustainability With a minimum of $12,500 granted, carry out the following types of projects: actual work; training; conferences; grant writing; research; fund-raisers; invention/development in these categories, including, but not limited to, the examples listed: 1. Energy 2. Water 3. Forest Page I of4 4, Science 5. Appropriate technology 6. Gardening & Agriculture 7. Economics 8. Ecology Applications 9. Community building SECTION 3. The City of Ashland has determined that as of July I, 2003, $186,657 or 14.23% ofiotal Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: \, A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% lax rate for tourism promotion per Chapter 818, 2, A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. ment Grants - Tourism $293,160 $\10,000 $64,423 $14,375 $19,785 If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projectsorCapital Improvements that qualify per the state definition as determined by Council. The remaining estimated TOT revenue (not restricted by use) will be appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax roceeds remain after meetin tourism re uirements: I st Priority General Fund operations,-- the greater of 70% of Unrestricted $1, 108,522 funds or 2nd Priority City Economic Development program - the greater of 10% of $] 50,000 Unrestricted funds or 3rd Priori Cit Grant ro ram for FY 20]2 $124,335 Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for Page 2 of 4 Economic granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their full allocation Defore a lower priority allocation. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. By January 31 of each year each recipient of a grant shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. > SECTION 4. The following requirements are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency, c) Grantee shall promote livability for the citizens of Ashland, d) The minimum grant proposal will be $2,500, e) The grant will benefit Ashland in terms of cultural enrichment and/or activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. Monies granted are intended to be used for prograrns_ or services performed or provided within the City of Ashland or immediate areas. g) All Grantees shall provide an annual report to be eligible for future funding. SECTION 5. Resolution 2010-06 is repealed upon passage of this resolution, SE TION . This resolution was duly PASSED and ADOPTED this ~ / , day of ,20 II, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIG\'IED and APPROVED this 2. day of ~ ,2011. Attachment: Page 3 of4 Estimated dollar allocation for FY 2011-2012 only Revenue: Transient Occupancy Tax $ 1,884,600 Expense: Non Tourism: General Fund $ 1,108,522 Economic Development 150,000 Small Grants (minimum $12,500 for Sustainability) 124,335 Total Non Tourism $ 1,382,857 Tourism: Chamber of Conimerce VCS $ 293,160 OSF 110,000 Small Granlees 64,423 Public Art 14,375 Qualifying City Projects or FY 2012 Grants 19,785 Total Tourism $ 501,743 Total Economic and Cultural Development Funding $ 1,884,600 Page 4 of4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval:, 2011-2012 Contracts with the Chamber of Commerce June 28, 2011 Primary Staff Contact: Martha J. Bennett Administration E-Mail: bennettm@ashland.or.us Finance/Admin, Sv Secondary Contact: Lee Tuneberg Martha J. Benne Estimated Time: 15 minutes Questions: I) Will the Council approve the proposed contract with the Chamber of Commerce for Visitor and Convention Bureau services for FY 2010-2011 in the amount of$293,160? 2) Will the Council approve the proposed supplemental contract with the Chamber of Commerce for developing and completing a business retention and expansion survey consistent with the draft Economic Development Strategy in the amount of$25,OOO? Staff Recommendation: Staff recommends that Council approve the attached contracts. Background: Primarv Contract for Visitor and Convention Bureau The City has relied on the Chamber of Commerce to provide visitor and convention bureau services and certain economic development services for many years. City Council and the Budget Committee approved allocating $293,160 to the Chamber in FY 2011-2012, The proposed contract contains visitor promotion activities, actions and performance measure reporting consistent with the dnift Economic Development Strategy that will be reviewed by Council for adoption next month. There are several specific changes made to the contract to make it more consistent with the draft economic development strategy, and the Chamber has agreed to them. Staff has also made changes to clarify that this is a contract for services, not a grant award. This contract is for one year. Business Retention and Expansion Survey Anticipating City Council adoption of the Economic Development Strategy, Staff negotiated a supplemental agreement with the Chamber of Commerce the development and implementation of a business retention and expansion (B,R&E) survey, a high priority action from the draft Strategy document. Funding for the survey will come from the Economic Development allocation of the Transient Occupancy Tax (TOT) proceeds. Under this contract, the survey will be targeted to local businesses that meet business attributes and profile established in the Strategy, The survey results will be used to further define and prioritize follow up actions, activities and programs to support the stability and growth of the local economy. There are specific actions in the draft strategy that depend on identifying the needs of businesses prior to starting work on those actions. Page I of2 r.t. , CITY OF ASHLAND City and Chamber staff believe that this BR&E can be completed in less than a year. Related City Policies: This contract implements portions of the Economic Development Strategy and the Economy Element (Chapter 7) of the Comprehensive Plan Council Options: Council can approve both grant agreements with the Chamber. Council can provide additional direction to staff for amendments to either or both of the grant agreements, Council can approve the VCB Contract and delay adoption of the supplemental contract for the BR& E Contract until after it has considered the economic development strategy. Potential Motions: . I move to approve the contracts for FY 20 I 0-20 II with the Ashland Chamber of Commerce. . I move to approve the agreements with the following amendments (list them). . I move to direct staff to revise the agreements in the following ways (list them) and bring it back for consideration by the Council. As part of this motion, the Council is authorizing staff to continue to make monthly payments to the Chamber under the existing contract until the new contract is adopted. . I move to approve the contract for Visitor and Convention Bureau Services and delay consideration of the BR&E Contract until after Council considers the Economic Development Strategy in July, Attachments: Draft contracts Page 2 of2 ~j.' CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement. between the City of Ashland (City), the Ashland Chamber of Commerce (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2011-12, Recitals A. The VCB shall receive $293,160 for promoting tourism in Ashland based upon Ashland City Council Resolution 2011-07. Expenditures of these funds must meet the requirement of ORS 320,300 through ORS 320,350, B, The City, Chamber and VCB now enter into this Agreement. Purpose The City provides funds to the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland and to visitors who stay overnight in Ashland, Promotion includes advertising, publicizing, distribution of printed materials, website development and maintenance, social media promotions, marketing special events and festivals, conducting strategic planning, visitor center management and research necessary to stimulate tourism development. VISITOR AND CONVENTION SERVICES In conducting the work under this contract, the Chamber will emphasize in its Visitor and Convention Bureau (VCB) activities: . Ashland as a high quality destination in all four seasons, . Ashland as a destination for people of all ages, including families with young and school-aged children . Ashland as a center for cultural, social, economic and intellectual pursuits . Ashland as a center for high quality outdoor recreational opportunities . Ashland as a center for culinary tourism VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy to maintain or increase current levels of tourism in the summer months and increase tourism in fall, winter, and spring, This strategy should rely on the best available research into visitor behavior and best practices in the VCB industry. 2. The VCB will help the City leverage its investment into cultural and economic development grants by promoting the events, performances and amenities of groups that receive grants from the City, 3. The VCB will provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing using print and electronic media tools, including social media. !FA' 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community, as referenced in the SWOT results of the City's Economic Development Strategy 5, The VCB will create, market and promote festivals, events and activities throughout the year, especially those provided by other recipients of cultural and economic development grants from the City. 6, The VCB will develop specific marketing campaigns targeted at attracting visitors in the shoulder and winter season and at extending the length of stays of visitors in the summer months, 7, The VCB will develop and implement an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base. REQUIRED REPORTING The ChamberNCB shall provide an annual report to the Ashland City Council no'later than January 31 on its previous year's activities. The report should include: 1, A summary and analysis of the specific steps taken to perform the tasks in this contract for VCB activities, 2, Performance Measures. The ChamberNCB shall include data that measures its effectiveness in tourism promotion in its report, At a minimum, the Chamber will analyze the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the contract year over the previous year. The City will assist in providing source data to the Chamber. The report should analyze and describe how tasks identified in this agreement affected TOT and F&B tax collections, The City also requests that the Chamber work with the City and the lodging industry to collect data and produce reports about occupancy rates in local lodging establishments, by quarter, lodging type, length of stay and other key data in such a way that this data can be tracked over time. 3, A report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland, Include samples of advertising, including advertising done through electronic means and social media, which include family, quality of life and educational opportunities, The report should include a description of the specific promotion activities targeted at attracting visitors to Ashland during the fall, winter and spring, as well as any statistical data relating to the participation levels of the activities in a format that can track performance over time, . 4, A report about the VCB's analysis of the viability of new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to support other recipients of cultural and economic grants from the City, 5, A report on activities by the Chamber on projects conducted in cooperation with other organizations, businesses, and people to support the work of this contract. General Provisions 1, Amount of Contract. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2 ~A' 2, Use of Contract Funds, The use of City funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds, Any funds held by the ChamberNCB remaining after the purpose for which the contract is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection, The VCB includes in the annual report to the City a} copies of 501(c} (4) letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c} financial statements showing previous year expenses and revenues; d} current and projected budgets (total organization and individual program's funded by this contract), ChamberNCB report should show the relative share of City funds expended compared to overall project funds. 5, Living Wage Requirements, If the amount of this agreement is $18,703.00 or more, and if the Contractor has ten or more employees, then Contractor is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3,12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. If the VCB is required to pay a living wage, they are also required to post the attached notice predominantly in areas where it will be seen by all employees, 6. Default. If the VCBI Chamber fails to remedy any material breach of any of their obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if the ChamberNCB fails to expend the contract funds or enter into binding legal agreements to expend the funds within twelve months of the date of this agreement, the City, by written notice of default to the ChamberNCB, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies niay include, but are not limited to, termination of the agreement, stop payment on or return of the funds, payment of interest earned on funds or declaration of ineligibility for the receipt of future contracts from the City of Ashland, 7, Amendments, The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties, Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8, Indemnity, ChamberNCB agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by the Chamber! VCB (including but not limited to, ChamberNCB employees, agents, and others designated by ChamberNCB to perform work or services relating to ChamberNCB obligation under the terms of this agreement). ChamberNCB shall not be held responsible for damages caused by the negligence'of City or anyone acting in behalf of City, 9, Insurance, ChamberlVCB shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy, The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage, Liability coverage shall be provided on an "occurrence" not "claims" basis, The City of Ashland, its officers, employees and agents shall be named as additional insures, Certificates of insurance acceptable to the City shall be filed with the City Risk'Manager or Finance Director prior to the expenditure of any City funds. 3 ~~, 10, Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. ChamberNCB by the signature below of its authorized representative, acknowledges that it has read this agreement, understands il. and agrees to be bound by its terms and conditions, . 11. Dispute Resolution, In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action, 12. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions, City of Ashland Ashland Chamber of Commerce and Visitor and Convention Bureau By By Title Title Date Date 4 ~A' CITY OF ASHLAND Supplemental Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City) and the Ashland Chamber of Commerce (Chamber) to develop and conduct a Business Retention and Expansion (B,R&E) survey consistent with the description and intent from the City of Ashland Economic Development Strategy, This contract is in addition to the amount contracted to the Ashland Chamber of Commerce and Ashland Visitors and Convention Bureau for tourism promotion services, PURPOSE The City allocates economic development funds to promote and stimulate business activity in Ashland consistent with the strategy and actions adopted in the City's Economic Development Strategy (Strategy) document. COMPENSATION The City will allocate $25,000 from the 2011-12 economic development portion of the transient occupancy tax (TOT) to the Chamber for the development and completion of a business retention and expansion survey, BUSINESS RETENTION & EXPANSION SURVEY In conducting the survey work under this contract, the Chamber, utilizing the Strategy document as a reference, will complete the following: 1. Development of comprehensive survey questions to collect the following data: a. Identify advantages and challenges in growing their business in Ashland b. Define successes and challenges over the past few recessionary years c. Describe what they think will make Ashland's economic future healthier d, Determine educational and skill needs and/or gaps in the existing available workforce e. Determine educational and professional development needs and resources/support for business owners and their leadership teams f, Determine the types of investment capital needed or desired for business growth g. Determine future physical growth needs, define challenges/barriers to growth h. Determine the specific needs unique to first, second and third stage businesses i, Determine approximate dependence or reliance on other local and regional business for success (supply chain, wholesale customers, etc) j. Identify the significance/importance that businesses place on sustainable business operations , and decisions and their interest in pursuing it further. k. Create an on-going, consistent data set able to be used to evaluate success for use in future surveys I. Other data consistent with the content of the Strategy document ~A' 2, Recommendations to the City of Ashland related to: a, Business needs for a resource and mentoring program b, Ways to improve start-up and growing businesses access to capital c. Best ways to create a coordinated economic development marketing plan d, Programs to connect local education partners with the business community e, Demand for job training programs to meet specific skills gaps 3, The BR&E in this contract will focused specifically on businesses related to the City's Strategy. That is: a. Existing businesses in the community with a commitment to operating their business and living in Ashland b, Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc c, Businesses that produce specialty and value added goods or services with a market beyond our local eco'nomy d, Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region, e. Those businesses may produce a wide variety of different types of products and services. They generally have the following attributes: (1) Local design, engineering and pre-production development with larger scale production occurring elsewhere (2) Locally based top leadership/decision making team with some operation functions possibly occurring elsewhere (3) Educated, creative and innovative workforce (4) Access to high speed broadband internet services (5) Limited need for large outdoor storage, large scale production facilities or significant off- site water or energy needs for local operations (6) Quality of life as a key business and personal measure of success, CONTRACT REQUIREMENTS AND REPORTING 1. The Chamber shall provide summary reports of all survey data in a format that provides a maximum level of detail without violating the trust and confidence of the businesses participating in the survey 2. Where feasible, data will also be provided in editable electronic formats (xis, csv, doc, etc) 3. The City of Ashland will designate a City staff person to serve on the Chamber's Leadership Team and Task Force for the BR&E, This staff person will maintain all information received in a confidential manner, to the extent permitted by Oregon Public Records laws, 4, The City's staff person will participate, at a minimum, in selection of the independent researcher, finalization of the survey questions, and selection of the enterprises to be interviewed. 5. Quarterly reports to the City Administrator on progress on the BR&E over the duration of this contract. 6, Oral presentation to the City Council presenting a summary and highlights of the final survey report at the conclusion of this contract. 2 ~A' GENERAL PROVISIONS 1. Amount of Contract. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above, 2. Use of Contract Funds. The use of City funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds, Any funds held by the Chamber of Commerce remaining after the purpose for which the contract is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 4, Financial Records and Inspection. The Chamber includes in the report to the City a) copies of 501(c) (4) letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this contract). Chamber report should show the relative share of City funds expended compared to overall project funds. 5. Living Wage Requirements, If the amount of this agreement is $18,703,00 or more, and if the Contractor has ten or more employees, then Contractor is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. If the Chamber is required to pay a living wage, they are also required to post the attached notice predominantly in areas where it will be seen by all employees, 6. Default. If the Chamber fails to remedy any material breach of any of their obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if the Chamber fails to expend the contract funds or enter into binding legal agreements to expend the funds within twelve months of the date of this agreement, the City, by written notice of default to the Chamber, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity, Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the funds, payment of interest earned on funds or declaration of ineligibility for the receipt of future contracts from the City of Ashland. 7. Amendments, The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties, Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. The Ashland Chamber of Commerce agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by the Chamber (including but not limited to, Chamber employees, agents, and others designated by Chamber to perform work ,or services relating to Chamber obligation under the terms of this agreement), Chamber shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City, 9, Insurance. Ashland Chamber of Commerce shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for 3 ~A' bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures, Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any City funds, 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Ashland Chamber of Commerce, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions, 11, Dispute Resolution. In the event of any dispute between the parties relating to this agreement, the parties shall attempt altemative dispute resolution (mediation or arbitration) prior to filing any formal legal action. 12, Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties, Citv of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director 110 East Main' Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties, Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given, The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions, Citv of Ashland By Title Date 'Ashland Chamber of Commerce By Title Date 4 ~A'