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HomeMy WebLinkAbout2011-0816 Council Mtg PACKET CITY OF ASHLAND Importan : Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permitting,the Presiding Officer may.allow oral testimony. If you wish to speak,please LII out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 16, 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.] 6:00 p.m. Executive Session for discussion of potential litigation pursuant to ORS 192.660(2)(h) and labor negotiations pursuant to ORS 192.660(2)(e). 7:00 p.m. Regular Meeting I. CALL TO ORDER 11. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Joint Meeting with Ashland Community Hospital of August 2, 2011 2. Regular Meeting of August 2, 2011 VI. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation regarding Mayors United, Helping Feed Our Community [5 Minutes] VII. CONSENT AGENDA [5 minutes] 1. Will Council approve the minutes of City Boards, Commissions, and Committees? 2. Does Council wish to confirm the Mayor's appointment of Alan Deboer to the Airport Commission with a term to expire April 30, 2014? 3. Does Council wish to confirm the Mayor's appointment of Eric Heesacker with a term to expire April 30, 2013 and Mick Church with a term to expire April 30, 2012 to the Planning Commission? 4. Does Council wish to approve a liquor license application from Richard Krebs dba RedZone Sports Bar N Grill at 303 East Main Street? cut�'vIcu tin;��riti c;s ,>I�r �rzonrx �srl,IVtc>1vcll�w�t;t,� V1S1T"Il I @, 07'1'1' OP ;lSl1LAT�ID'S GP13B S1Tl= :1l' ��'4V11�.AS1-}LAND.ORU$ 5. Does Council wish to approve annual renewals on liquor licenses as requested by the Oregon State Liquor Commission? 6. Does Council wish to approve the tentative agreement for a labor contract re- opener that staff has reached with the Ashland Police Officers Association? 7. Does Council wish to ratify the new labor agreement between the City of Ashland and the Laborers' Union Local No. 121? 8. Will Council approve a $51,859.81 (39.6 percent increase) amendment to the existing contract with DeVore Electric and Construction Co. for construction of the Laurel Street Sidewalk Improvement project? 9. Should Council approve a resolution authorizing the City Administrator, Finance Director or designee to sell General Obligation bonds described in Ballot Measure 15-109 to replace Fire Station No. 2 and permit bond proceeds to reimburse qualifying City expenditures? 10.Will Council, acting as the Local Contract Review Board, approve the award of a public contract to.Springbrook for the Utility Billing Management Solution? 11.Will Council direct staff to continue to work with the Transportation & Growth Management Program to develop a project of work, select a consultant team, and draft an Intergovernmental Agreement to undertake master planning the North Normal Avenue Neighborhood? 12.Should Council approve a contract with URS Engineering & Construction, Inc. in an amount of $117,359.00 for the Hosler Dam Stability Analysis? 13.Will Council approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011? 14.Will Council, acting as the Local Contract Review Board, approve a contract amendment for $10,000 to increase the contract for powder coating steel light poles? 15.Will Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to James McNamara (McNamara Engineering) to act as the project manager for the construction of Fire Station 2? 16.Will Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Batzer Construction to remove and repair the adjacent 142' of the multi-use path along the frontage of West Bellevue Phase II Subdivision in the amount of $6,872? 17.Will Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Pacific Power Products to provide high priority engine repairs to a Fire Engine? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) 1. Does Council find that it would further the public interest to enter an agreement with the Mount Ashland Association (MAA) that would dissolve the existing lease agreement, replace the lease with new terms, convey the COIJNCll_ NI E','t INGSAkF 13ROADC:ASTI VE. ONCHANNGL9 VISIT 111F CITY 017 ASHLAND S W-E13 SI'Z'E AT \ WkV.ASflL,AND.OR.i iS property currently owned by the City to MAA, and require the City to relinquish the Special Use Permit for the Ski Area so that MAA can directly obtain the SUP? [90 Minutes] IX. 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. X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Does Council wish to adopt a resolution titled, "A Resolution on behalf of the City of Ashland recommending resolution of issues related to the City of Ashland as part of the adoption of the Greater Bear Creek Valley Regional Problem Solving Plan"? [20 Minutes] 2. Does Council accept the quarterly report as presented? [15 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. X111. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Does Council wish to provide staff direction to investigate possible changes to the City's listserv? 2. Does Council wish to provide staff direction regarding updating the ordinance related to commission and committee quorums and legislative intent? XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title 1). CO NO 1, NFFT'IN(iS ARE 13 R0 ADC AST 1,IVI; ON CHANNEL 9 VISI I I I IF, CITY OF AS]I,LANITS W FB S 11: A \V 1k W.ASI ILANROR.LIS MINUTES FOR THE ANNUAL MEETING ASHLAND CITY COUNCIL AND ASHLAND COMMUNITY HOSPITAL BOARD August 2, 2011 Council Chambers 1175 E.Main Street Mayor Stromberg called the meeting to order at 6:30 p.m. Councilor Slattery, Morns, Voisin, Silbiger and Chapman were present. Councilor Lemhouse was absent. Chair of the Board of Directors of Ashland Community Hospital Doug Diehl presented their report to the Council. He stated that much time has been spent in strategic planning discussions and the challenges brought about due to the economy and in the healthcare field. He identified five key initiatives in the strategic planning process as: 1)Physician alignment, 2)Program Development, 3) Senior Population Focus, 4) Emergency Department Refocus and 5) Patient Centered Philosophy. The Board appointed an ad hoc strategic planning task force to work with the hospital's senior leadership team to evaluate and respond to on-going changes. The Board's committees continue to meet regularly with oversight for finance, quality and compliance and governance. The Board's newest committee is the Medical Affairs Committee which consists of representatives of the Board and the Medical. The Committee was designed as a forum for the informal exchanges of ideas and information between these two groups. The primary focus of the Committee over the past year has related to the electronic medical record and approaches for interfacing of individual physician medical records into the hospital's Meditech IT System. The Board has.two new members, Alan DeBoer and Saundra Theis,who were appointed recently by the City Council for four-year terms. Ashland Community Hospital C.E.O. Mark Marchetti presented the annual report. He indicated in his report that this past year has been one of considerable challenge for the hospital. The hospital has experience flat volumes, an increased dependence on reimbursement through the Medicare and Medicaid Programs and declining reimbursement rates from these programs. Rising costs for labor, drugs, medical supplies,utilities and technology,and the overall poor state of the economy in high employment, a loss of healthcare benefits, and increased out-of-pocket cost for many who have benefits have all impacted the hospital. Mr. Marchetti noted statistics for the year along with gross revenue and cost of operation. For the 2010- 11 fiscal year, the hospital resulted in an overall loss for the year of about $500,000 or a negative margin of.56%. Accomplishments for the Hospital were many and duly noted in the report. The Ashland Community Hospital remains committed to the Community it serves and its involvement with programs in the local schools. The Hospital and its Foundation supports community organizations and activities through grants, sponsorships and participation in celebrations and fundraising events. The greatest reflection of the hospital's mission to the community was the provision of approximately$12.5 million in uncompensated care in the fiscal year 2010-11 including $1.6 million in charity care, $1.5 million in bad debt write-offs, and a $9.4 million shortfall in payments through the Medicare Program. This shortfall represents the difference between what the hospital receives from the Medicare Program and what it actually costs to take care of Medicare patients. Education and training of staff is a commitment of the hospital and statistics were provided on staff participation and programs made available. Mr. Marchetti stated that a"cautiously optimistic"budget for the fiscal year 2011-12 was approved based on existing services remaining relatively flat. Some modest increases were projected for new programs, no market-based wage adjustments and routine employee step increases were reduced to I%. Budgeted discretionary spending has been reduced wherever possible. He explained that there is considerable uncertainty ahead and provided information associated with the State budget reduction in hospital reimbursement through the Medicaid Program. Mr. Marchetti stated that the hospital is in a difficult strategic position because of its location relative to Medford, which results in the hospital not qualifying for cost-based reimbursement through the Medicare Program as a Critical Access Hospital. Because of the hospital's proximity to two much larger hospitals in Medford, a standard-of care and level of technology makes it difficult for a small hospital to match. All hospitals have difficulty competing on a price basis with free-standing diagnostic, surgical and treatment centers. He completed his report noting the uncertainty of the healthcare reform and the on-going discussions related to accountable care organizations, capitation, system integration, managed care,consolidation, and reorganization. He stated that Ashland Community Hospital must position itself to participate in this new and more complex environment. Mr. Marchetti anticipated that the direction from Board would be determined in the next 6-9 months. The Council approved Councilor Silbiger as council liaison to attend the Board meetings. A suggestion was made that the Council schedule a Joint Study Session with Hospital Board. Meeting was adjourned at 6:40-p.m. Respectfully submitted, Barbara Christensen, City Recorder Ashland Community Hospital August 1, 2011 Ashland Community Hospital Annual Report to City Council August 2,2011 Mark E.Marchetti,C.E.O. The fiscal year ending June 30 has been one of considerable challenge for Ashland Community Hospital along with the economy as a whole. Relatively Flat volumes,an increased dependence on reimbursement through the Medicare and Medicaid Programs and declining reimbursement rates from theses programs, rising costs for labor, drugs, medical supplies, utilities and technology, and the overall poor state of the economy resulting in high unemployment, a loss of healthcare benefits, and increased out-of-pocket cost for many who have benefits have all impacted the hospital. For the fiscal year 2010-11,Ashland Community Hospital • Admitted 1,544 patients • Provided 4,959 days of inpatient care • Delivered 340 babies • Completed 3,268 surgeries and special studies • Treated 8,151 patients through the Emergency Department • Registered 58,697 outpatients • Made 8,624 home health visits • Provided 8,959 days of hospice care The hospital generated gross revenues of $93.3 million, which resulted in net revenue of $48.2 million following deductions for contractual adjustments, chanty care, and bad debts. These deductions totaled 49% of gross revenue, up from 48%in the prior fiscal year. It is the payor mix that has become the Hospital's greatest challenge. The percentage of the Hospital's revenue through the Medicare Program was approximately 41%in 2004. For the 2010-11 year it was at 53%. Over the same time period the percentage of the Hospital's revenue through the Medicaid Program doubled, from approximately 4% to over 8%. This has all been at the expense of revenue from commercial insurance. For the 2010-11 fiscal year the hospital had total operating expenses of $50.9 million, resulting in a loss from operations of approximately $2.7 million. On a positive note, the Hospital undertook a revenue recovery initiative related to prior years, resulting in$1.6 million in additional revenue. This prior period adjustment,combined with non- operating revenue, offset a significant portion of the operating loss resulting in an overall loss for the year of about $500,000 or a negative margin of.56%. Unfortunately, the prior period revenue recovery initiative is complete and there will be no extra-ordinary revenue in the new fiscal year. " 9 0 7 C E l E a R 4, T I N .:o C: F N T U F. 1 O F C A R ; N G - 2 0 G 7 280 Maple Street,Ashland,Oregon 97520 - www.Ashl,indHosl)ital.org Tel: 541.201.4000- Fax: 5,11.488 7411 Despite challenging financial times,the Hospital accomplished much over the past fiscal year. o The ACH for Internal Medicine, begun in 2008 to increase access to primary care for Medicare beneficiaries, has continued to grow. The Clinic currently employs 4 physicians and a fifth will join the practice in mid- September. o Planning is currently underway for the ACH Center for Family Medicine, expected to open in mid- September. This hospital-operated practice of Family Physicians and Pediatricians will have offices in both Ashland and Talent o Patient satisfaction scores, as measured through the Federal HCAHPS Program, have increased consistently. HCAHPS, the Healthcare Consumer Assessment of Hospital Perception, measures patient perception of the hospital experience in nine areas of consideration. Ashland Community Hospital is at or above national benchmarks in 8 of the 9 domains measured. o ACH is at or near 100% compliance with the Centers of Medicare and Medicaid Services Core Measures. Core Measures are indicators of clinical inpatient and outpatient care. There are currently 35 such measures.By 2015 it is projected that there will be 75 indicators to be monitored and reported. o The Hospital underwent a successful accreditation survey by DNV Healthcare, the hospital's chosen accrediting organization, with only a small number of relatively minor recommendations. The Hospital's Laboratory, Home Health Service, and Hospice Program also completed successful certification surveys. The ACH Center for Wound Care received an Award of Distinction related to outcomes in chronic wound management and healing and the Hospital received an Award of Excellence for Quality Achievement from Acumentra, the Hospital's Medicare Intermediary. Finally, the Hospital was recognized by the Ashland Chamber of Commerce as the Green Business of the Year for 2010. o The Hospital continued to make progress in the implementation of the Planetree model of patient-centered care. ACH affiliated with Planetree in 2006 and the Planetree model, which strives to personalize, humanize and demystify the hospital experience, remains a key strategic initiate. Accomplishment in the past year include implementation of the shared medical record, creation of a Patient Advisory Council, continued renovation of patient and family comfort zones, establishment of an Ethics Committee, and implementation of a dog therapy program. We are currently working on our application for Planetree Designation status with the hope of achieving Designation Status by the end of the current calendar year. o Continued progress was made toward the implementation of the Hospital's electronic medical record, with the implementation of Scanning and Archiving and Physician Order Entry modules of the Meditech System. In addition, equipment and systems are currently being installed to allow for interfacing of the Hospital's Meditech System with individual physician electronic medical records. o A Marketing Plan was completed and a variety of marketing initiatives were begun in the past year,including print, radio, and web-based advertising. Social media marketing initiatives were initiated with the creation of a Hospital Facebook page. o The Hospital has enjoyed tremendous growth in volunteers over the past year, with volunteers now numbering 160 including the Hospital Auxiliary, Lay Chaplains, Guest Services Volunteers, Hospice Volunteers,and Therapy Dog Handlers. • The ACH Foundation completed a strategic planning process and implemented a number of new development activities including a Grateful Patients Program and a formal Employee Campaign. • Approximately $850,000 was spent on new technology including new cardiac monitors, surgical video equipment,a new colonoscope, and a variety of information technology applications. Other significant accomplishments include: • Revision to the Medical Staff By-Laws and Rules and Regulations • New process for communicating with patients with limited English proficiency • New education management system • Electronic document management system for policies, procedures,and contracts • Redesign of safety and emergency preparedness programs • Implementation of an on-line application process for potential new employees Redesign of departmental and medical staff performance improvement programs + Creation of a Balanced Score Card to align operational goals with strategic objectives • Implementation of job-related skills assessment and behavioral interviewing techniques for potential new hires • Recruitment of management staff in Pharmacy, Materials Management,Surgical Services,and Dietary As a mission driven organization,Ashland Community Hospital remains committed to the Community it serves. Over the past year the Hospital continued its program of student health services in elementary and middle schools in Ashland and Talent. The Hospital and its Foundation supported community organizations and activities through grants,sponsorships and participation in celebrations and fund raising events. Perhaps the greatest reflection of the hospital's mission to the community was the provision of approximately$12.5 million in uncompensated care in fiscal year 2010-11 including $1.6 million in charity care, $1.5 million in bad debt write-offs, and a $9.4 million shortfall in payments through the Medicare Program. This shortfall represents the difference between what the hospital receives from the Medicare Program and what it actually costs to take care of Medicare patients. Ashland Community Hospital remains committed as well to the support of education and training for staff. In 2010- 11, 17 employees participated in the hospital's tuition reimbursement program, which provides employees with up to $2,500 per year for tuition, books and fees. Hospital employees participated in over 14,000 hours of continuing education through seminars, conferences, and in-house educational offerings. Through the Hospital's Mentor Program 11 employees provided almost 5,000 hours mentoring new employees. For the new fiscal year that began July 1, 2011, we have approved a budget that can best be described as "cautiously optimistic."Volumes for existing services are projected to remain relatively flat. Some modest increases in revenue have been projected from new programs currently in the planning stage. Total deductions from revenue are expected to continue to increase as they have for the past several years. There will be no market-based wage adjustments and routine employee step increases have been reduced to 1%. Budgeted discretionary spending has .been reduced wherever possible. Unfortunately, there is considerable uncertainty ahead. The Slate budget originally proposed for the 2011-12 called for a significant reduction in hospital reimbursement through the Medicaid Program. While Ashland Community Hospital's Medicaid reimbursement will not decline in 2011-12, there is now speculation that Medicaid reimbursement to hospitals will go down as much as 40% in the second year of the biennium. There is also a great deal of uncertainty with Medicare reimbursement. Initial CMS proposals call for cuts of at least 6.5%. Discussions around Medicare have now become part of broader discussions related to the federal deficit. Whatever the outcome, the question is not whether Medicare reimbursement will continue to decline but rather by how much. Our hospital is in a difficult strategic position. Because of its location relative to Medford, the Hospital does not qualify for cost-based reimbursement through the Medicare Program as a Critical Access Hospital. At the same time, proximity to two much larger hospitals in Medford drives a standard of care and level of technology that is increasingly difficult for a small hospital to meet. Proximity to Medford also includes proximity to a large base of primary care and specialty physician services. All hospitals have difficulty competing on a price basis with free- standing diagnostic,surgical,and treatment centers. Last but not least is the issue of healthcare reform. While a great deal of uncertainty remains, everyone seems to agree that our country's healthcare system is not sustainable. Discussions are on-going related to accountable care organizations, capitation, system integration, managed care, consolidation, and regionalization. ACH must position itself to participate In this new and more complex environment. AJ7iLAN'U C//-Y CUUNC/L MLL I INU August 2_2011 Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 2, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Silbiger, Chapman, and Slattery were present. Councilor Lemhouse was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted vacancies on Housing, Historic, Forest Lands, Planning, Conservation, Airport and Tree Commissions,and the Audit Committee. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of August 6, 2011 as Hiroshima Day and August 9, 2011 as Nagasaki Day were read aloud. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of July 18, 2011, Executive Session of July 19, 2011 and Regular Meeting of July 19, 2011 were approved as presented. CONSENT AGENDA 1. Will Council approve the minutes of City Boards, Commissions, and Committees? 2. Does Council wish to approve a Liquor License Application from Christian Senf dba Ruby's Neighborhood Restaurant at 163 N Pioneer Street? 3. Does Council approve the recommendation of the Public Art Commission (PAC) to implement The Wishing Tree,a mural proposed for installation at Heiman Elementary School? 4. Does Council have questions regarding an amendment to increase the Transportation and Growth Management grant by $40,000 providing additional funding for the Transportation System Plan update? 5. Will Council approve reconvening the Public Safety Bond Committee to evaluate the options for expanding or relocating the Police Station and to evaluate possible funding options for the expansion or relocation? 6. Will Council repeal resolution 2011-01, which created the AFN Advisory Board? Councilor Voisin requested that Consent Agenda item#5 be pulled for discussion. Councilor Slattery/Chapman m/s to approve all items except #5 on the Consent Agenda. Voice Vote: all AYES. Motion passed. Councilor Voisin requested adding a member to the Public Safety Bond Committee from the Facility Master Plan Committee with Council consent. Councilor Voisin/Chapman m/s to approve item #5 on the Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve a one-year pilot project for a road diet on North Main between Heiman Street and the city limits? If so, should the road diet be delayed until after the Wimer/Hersey/N. ANNLANU CY7'Y C'UUNC/L MLt•.77NU August 2, 1011 Page 2 of 8 Main intersection is realigned? Public Works Director Mike Faught introduced Engineering Services Manager Jim Olson, Susan Wright from Kittelson and Associates and former Transportation Commission Chair Eric Heesacker. He explained the four-lane configuration on North Main created left hand turn conflicts off or onto the road and traffic tended to go faster than the legal speed limit. The lack of a buffer between pedestrians and cars was detrimental and crossing four lanes of traffic difficult. Additionally, there were no bike lanes for bicyclists. The proposed road diet would slow traffic to the posted speed and eliminate left hand turn conflicts by establishing a turn lane. The three-lane configuration would allow for bike lanes, provide a buffer for pedestrians, and make crossing the road safer. Reducing the street to three lanes would increase vehicle travel time by 22 seconds during peak periods. Intersections at Coolidge, Van Ness, Central, and Hersey/Wimer streets would have left turn restrictions but minimal impact on traffic with the exception of Hersey/Wimer. The impact to that intersection concerned staff who recommended doing the realignment prior to the road diet. It would eliminate the left turn restrictions the road diet imposed and be funded using Surface Transportation Program Funds (STP), and Congestion Mitigation and Air Quality(CMAQ) funds. Mr. Heesacker explained the Transportation Commission supported the Road Diet based on State and local mandates to promote multi modal facilities. It was inexpensive, $50,000, would solve the City's worst traffic problem, endorsed by the Chief of Police, promoted safety for all and would calm traffic. Traffic pattern changes would not exceed City street capacities anywhere in the network. The Transportation Commission recommended moving forward with the pilot first because the left hand restrictions might negate the need for the Hersey/Wimer intersection realignment and save the City money. Staff explained public notification regarding the road diet included announcements in the paper, personal mailings, a radio interview, and two public meetings. Public Hearing Open: 7:44 p.m. r Deltra Ferguson/345 Maple Street/Spoke in favor of the plan and hoped neighbors would think about the safety issues involved. This was an issue of overall quality in their neighborhood and the road diet would contribute to that. Additionally, this was a pilot project only. Ron Parker/501 Schofield Street/Was not in favor of the plan and requested Council deny the road diet. The three-lane configuration would create additional traffic, make it even more difficult to turn off or onto side streets that subsequently would incur more traffic. He commented on the negative affect it would have on senior citizens and noted the congestion issues that occurred around the Methodist Church during the 1997 Flood. Staff should have researched how to widen the road. He predicted travel on Maple Street would increase and jeopardize the current flow of traffic. The project was rife with neighborhood concerns. He thought the City should use the money for other urgent needs. Doyne Mraz/95 Meade Street/Shared his personal experience of traffic on North Main, the accidents reported in the Kittelson Associates report averaged one a month with only one death and did not pose a difficult safety problem. He wanted a survey sent to residents from Laurel Street to Jackson Street on how much more they would use those roads for walking and biking than they do now. Traffic was heavy coming in and going out and the road diet would increase that. Elizabeth Markell/495 Chestnut Street/Noted she lived in the area affected by the project and was concerned impatient drivers would divert through the neighborhoods instead. She was hesitant to see one project increase safety in one area but possibly hinder it in other areas of the neighborhood. AJNLANU C/7'Y CUUNC7L M6t.77NU August 2, 2011 Page 3 of 8 Greg Conaway/301 Sheridan Street/Shared that he rides his bike to town three times a day and will only ride on the sidewalk and not on North Main Street because it was dangerous. He encouraged Council to listen to the science and not the emotion of public testimony that did not support the facts and to go forward with the project. Susan Rolle/311 High StreetfThought the impact study did not include High Street or Manzanita Street and expressed concern regarding safety and bottlenecking. She asked Council to postpone the decision until the impact to other neighborhood feeder streets were evaluated thoroughly. She added she never received notice regarding the project. Ken Wells/602 Fair Oaks Court/Disagreed that North Main Street was the biggest traffic problem in the City and thought the Hersey/Wimer intersection was more of an issue. The road diet was a solution looking for a problem. He commented on the affects winter weather had on Wimer Street. The road diet would have significant impact on all the roads in the pilot area. Stef Seffinger/448 Taylor Street/Expressed concern on the affect the road diet might have on side streets and the safety for children on those streets. Additionally, the community needed more time to feel comfortable with the plan. John Fisher-Smith/945 Oak Street/Shared his personal experiences of traveling on roads identical to the road diet and the positive benefits. He suggested improving North Main Street and dealing with the ancillary problems as it progressed. North Main terrified him as a cyclist and motorist. He trusted City staff to determine the best ways to facilitate the project. Donald Stone/395 Kearney Street/Addressed the statistics provided and commented on the lack of statistics on bicyclist and pedestrian use on North Main Street. The number of accidents did not add up to what he thought was a problem. He conducted his own traffic tests at 25 mph and 31 mph and experienced a 2-4 minute delay. The signaled crosswalks currently used on Siskiyou Boulevard could resolve any crosswalk issues on North Main Street. Finally, he did not see proof there was a problem that needed solving. Mary Ruth Wooding/727 Park Street/Stated that she drives the area frequently and always experienced heavy traffic and thought reducing the lanes to three would make it worse. John Javna/219 Almond Street/Supported a decision making process that included community participation, inclusiveness, and respect for one another's viewpoints. He also supported neighborhoods. If done correctly and in the right community, a road diet could improve the quality of life and traffic safety. He was open to the pilot but did not think it should begin in September. There were many unanswered questions and the project seemed poorly planned. His concerns were the need of more public participation in the process and more focus on the transportation impact to surrounding neighborhoods. Kerry KenCairn/147 Central Avenue/Explained her main issue was how Central Street, Van Ness Street, and High Street would take on additional traffic when the road diet occurred. She supported the three-lane configuration if the actual flow of traffic coming into that section was less than it actually was. Currently drivers sped on Central Street and there was no one patrolling the side streets because the focus was North Main Street. Until there were more studies on the impact to side streets or ways to change the traffic pattern on those streets, she did not think the project should move forward. Gwenne Wilcox/107 Manzanita Street/Expressed concern she was not aware of the project until that afternoon. She questioned the project timing in September and thought the Transportation Commission was jumping ahead before trying intermediate fixes and shared some alternatives. She thought the pilot encouraged a redirection of hazard into residential neighborhoods off North Main Street. ASHLAND C77 Y CUUNC/L MEP 771VO August 2, 1011 Page 4 of 8 Julia Sommer/1158 Village Square Drive/Read the 2011-12 Council Goal that included alternative modes of travel and added the Transportation Commission voted 5-1 to implement the North Main Street road diet. She commented on the time and research that went into the decision. If the pilot did not work, it was easily reversible and paid for by grant money unlike the Hersey/Wimer intersection realignment. If the road diet worked, the realignment would not be necessary. The Transportation System Plan also recommended a road diet for North Main Street. Susan Brook/125 Susan Lane/Agreed with concerns regarding Manzanita Street and High Street. She questioned why some of the $400,000 for the Transportation System Plan did not fund more busses or a parking lot with trams. Ashland needed to support working families and safety. Additionally, the City should look at the neighborhood impact and the safety of the children playing on side streets. Robert Goldberg/320 N Main Street/Represented himself and the residents of his apartment complex and questioned the common sense of the project. Over the past 32 years he had lived in Ashland, the population tripled. The idea of taking the only main artery and as vehicle population increases, decreasing the number of vehicular lanes was ludicrous and beyond comprehension. The Hersey/Wimer intersection was fatal. He urged the council to take the time to evaluate North Main Street thoroughly. Steve Morjig/610 Chestnut Street/Thought there were elements to the road diet that were safe and not safe. The Hersey/Wimer intersection alignment was an issue and more important to safety than the road diet. He thought the road diet was more about people who wanted bike paths and indicated they should use the Bear Creek Greenway Bike Path instead. Currently it was easier and safer to rides bikes through the neighborhoods and that what many people did. Nancy Keeley/78 North Third Street/North Main Street needed a center turn lane and she supported the pilot. Because North Main Street was dangerous and difficult for bicyclists, they cycled on the sidewalks. It was not safe for pedestrians but North Main Street was not a safe place to cycle. Having bike lanes would improve pedestrian safety. She described negative experiences she incurred as a bicyclist on North Main. It was confusing for cyclists and motorists. The fog line looked like a bike lane but was not. Adding a bike lane would increase safety for all. The Bear Creek Greenway Bike Path was great but not feasible for trips downtown. Gary Peterson/625 Chestnut Street/Used North Main Street for over 30 years and agreed that Hersey/Wimer intersection was the real problem and should be realigned prior to implementing the road diet. He also agreed with reevaluating the project. Eliminating left turns on Wimer and Van Ness would dump more traffic into neighborhoods not designed to be arterial streets. There was no need to adopt the pilot at this time. Vicki Capp/59'Manzanita Street/Clarified the vehicular death on North Main was due to a drunk driver not road conditions. Her concerns were traffic going into neighborhoods that lacked sidewalks and bicyclist safety. Pedestrian concerns centered more on sidewalk safety and lighting than traffic. She encouraged Council to slow down the process and allow for more input. Leslie Gore/92 Church Street/Found out about the road diet just the day before. She commuted by bike daily and was concerned about additional traffic on side streets and safety issues. There was a need to restrict speed in the neighborhoods, currently people sped down Church Street, and she had not noticed police patrolling the area. She appreciated more access for biking but not at the risk of pushing traffic into the neighborhoods. John Baxter/831 Liberty/Explained he was the former chair of the Bicycle and Pedestrian Commission and currently the Administrator for the United Bicycle Institute. He received notice the year before regarding a Transportation Commission meeting that included a road diet on North Main Street. He expressed his full ASHLAND Gil Y CUUNCIL MPL77NU August 2, 2011 Page 5 of 8 support of the road diet concept. As an experienced bicyclist, he frequently rode his bike on North Main Street and provided examples that it was a dangerous stretch of road. Statistics showed if a car hit a bicyclist at 35 mph, the bicyclist had a 60% of dying. He concluded that many of the similar concerns the public had regarding the Ashland Street realignment were unfounded. Ilana Rubenfeld/104 Bush Street/Lived in the area for 12 years, described the current speeding issues on Church Street and Manzanita Street and expressed concern the road diet would increase that type of traffic. Jenna Stanke/670 C Street/Often traveled North Main Street by car and bike and.shared her experiences with both. The Bear Creek Greenway Bike Path was not a viable alternative for cyclists and actually added six minutes to her bike commute. The project had drawbacks, increased vehicular travel time, increased traffic on side streets due to the turn restrictions that would mostly be resolved with the Hersey/Wimer realignment. Traffic monitoring was not an exact science but this was an opportunity to try a road diet at a low cost to the City. During the pilot the City could add traffic calming on the side streets as needed. She asked the community to try out the pilot project and be creative innovative leaders of the Rogue Valley. William Heimann/647 Siskiyou Blvd/Commented on the goal of Ashland as a sustainable City by encouraging non-polluting transportation. The road diet would bring this last major street up to that standard by producing a road that reduced vehicular crashes, was safe for bicyclists and more comfortable for walkers. This was a real opportunity for the community to live up to their reputation as a caring, concerned city. Two studies conducted over the years both recommended reducing the travel lanes on North Main Street and adding bike lanes. North Main Street was the most dangerous road in Ashland and there was no viable commercially accessible bike route on the north side of the city. Community supported sustainability and that was attainable through the provision of friendly sidewalks and roads safe for both cars and bikes. He encouraged Council to approve the project. Councilor Chapman/Voisin m/s to extend meeting until 9:30 p.m. Voice Vote: all AYES. Motion passed. David Young/747 Oak Street/Explained he was a member of the Transportation Commission and voted in favor of the plan. It was not an easy decision but it was the right one. The City of Ashland, the region and state adopted a policy of reducing vehicle use where possible and creating modal equity. North Main Street was the most dangerous road in Ashland: He supported the road diet because it was a pilot project. It would give the City an opportunity to try it at a low cost with expert input and that situation did not happen often. The Transportation Commission did extensive research, deliberated well, and could not find one case in the nation where a community asked to undo a road diet once established. The primary concern with North Main was pedestrians crossing the street and the lack of bike lanes. Diane Paulson/156 North Main Street/Lived on North Main Street for 23 years and witnessed two car accidents. She was confused why the Transportation Commission thought the road diet was a good idea other than wanting to take the grant money from the State. The intersection at Hersey/Wimer was the bigger problem. Additionally, public noticing only went to homeowners, everyone around her rented and subsequently did not receive notification. She did not think it was fair using the 2005 vehicular death by a drunk driver as a reason to establish the pilot. Michael McRae/151 Coolidge Street/Thought the report from Kittelson and Associates overlooked the increased traffic on side streets and did not include some neighborhoods. He had lived on Scenic Drive in the past and described personal experiences of pet loss and injury due to people speeding. The intersection realignment on Hersey/Wimer would do a lot to solve the problems along with pedestrian crosswalks but would not address bicycles. He concluded by noting his offense at a statement made by Transportation Commissioner Colin Swales on the City website that referred to a concerned neighbor's report as a "field mongering piece of spam,"and thought Mr. Swales should recuse himself from the project. ANHLA/VU U11 L:UU/VUJL MLLYMCi Augus!2, 2011 Page 6 of 8 Gary Shaff/516 Herbert Street/Addressed statute ORS 811.065 that required a vehicle overtaking a bicyclist to give the bicyclist an equivalent distance "head to pavement," basically more than 3 feet when passing. Doing this on North Main would require moving into other lane and causing more congestion. He noted as a cyclist riding that route most vehicles fail to meet this law. Public Hearing Closed: 9:04 p.m. NEW AND MISCELLANEOUS BUSINESS 1. Will Council direct staff to initiate changes to the City's land use process to implement recommended changes to the Historic District Design Standards? Planning Manager Maria Harris introduced Associate Planner Derek Severson and the consultant J. Todd Scott. . She explained how the Historic District Design Standards were part of the Site Design and Use Standards implemented by Chapter 18.72 of the Ashland Land Use Ordinance and used in reviewing the building permit and planning actions that take place on properties located in the Historic District. The standards were revised to make them clear and understandable to users. One of the high priority actions was improving and clarifying the Historic District Design Standards specifically establishing detailed rehabilitation standards that were consistent with the Secretary of Interiors and provide clarification between the Historic District Standards that apply to commercial and residential development. Ashland had four historic districts first mapped in 1970; adopted with the Comprehensive Plan in 1982, recognized by the State Historic Preservation Office in 1984, and listed on the Federal National Register for Historic Places from 1999 to 2002. Ashland became a certified local government in 2000 awarded through the National Park Service to promote historical preservation at the local level. The City receives matching grant monies for historic preservation projects that funded this project and others. As part of the certified local government designation the City was required to protect historic properties. Council and staff discussed removing language allowing wood shingles in IV-B-9 of the Historic District Design Standards. Fire Chief John Karns clarified the ordinance banning wood shake roofs was progressing slowly. The State of Oregon sets Building Code and there was a process when a municipality wanted to vary from the code. Councilor Chapman/Voisin m/s to accept the suggested changes to Ashland's Historic Design Standards including the discussion regarding roof shingles and direct staff to prepare the relevant code amendments for implementation into the City's land use approval process. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - CONTINUED 1. Will Council approve a one-year pilot project for a road diet on North Main between Heiman Street and the city limits? If so, should the road diet be delayed until after the Wimer/Hersey/N. Main intersection is realigned? Mr. Faught confirmed there were 114 car accidents on North Main Street over a 10-year period with a high percentage occurring at the Hersey/Wimer intersection. Staff looked at widening North Main Street to five lanes and determined it was too expensive to purchase all the right-of-way requirements to widen the road and it would not address multi modal well. The road diet came up in 2007 and 2009 as a feasible option. It met multi modal and would decrease the accident ratio 25%-30%but not eliminate them. Ms. Wright explained the affect of the tum lane restrictions and neighborhood street issues. There would be impacts to High Street and Scenic Street. The assumption was traffic on Manzanita Street would disperse within two blocks back to its original path. Mr. Faught further explained residential roads were designed to carry 1500 trips daily. The current average daily traffic counts for Coolidge Street were 403 and after the road diet would drop to 243. The existing average daily trips for Manzanita Street was 690 and the road diet AJHLANU C11 Y CUUNCIL "LL77NG August 1, 2011 Page 7 of 8 would increase that to 1140 trips if left turns to Wimer Street were restricted. However, the Hersey/Wimer intersection realignment would retain the average daily.trips for Manzanita Street at 690. Staff would hydro remove and restripe the area. The additional costs involved the bike lanes and signs. The Oregon Department of Transportation (ODOT) would provide funds and contractors. The cost to retain the road diet permanently was approximately $200,000 in addition to the pilot. The pavement markings would last up to three years for the one-year pilot so the City would not incur immediate costs if the road diet were successful. Other items needed to make the pilot permanent included raising some of the striped medians, potential plantings and widening sidewalks at the north end of the project. Ms. Wright noted the five evaluation measures for success were monitoring the reduction in car accidents and speed, an increase in pedestrian and bicycle volumes, maintaining an average travel time of 4 minutes 20 seconds or less from Helman Street to the end of the project area and gaining community support. Council suggested including crash data on side streets and traffic volumes in the measurements as well as criteria to determine impact on neighborhoods. Ms. Wright explained intersections and intersection capacity controlled road diet success, not traffic volumes. The traffic signals on Maple Street and Laurel Street on North Main Street had relatively low cross traffic. Councilor Slattery/Silbiger m/s to direct staff to proceed with plans necessary to fix the Wimer/Hersey intersection. DISCUSSION: Councilor Slattery wanted to keep the intersection realignment separate from the road diet pilot. Councilor Chapman thought the project should have a higher priority and be fast tracked. Councilor Silbiger commented the motion was contrary to the Capital Improvement Plan (CIP) process. Mr. Faught explained it was initially an unfunded project but due to community feedback staff looked for another solution that cost less. Council could move CIP money for the overlay projects to the intersection realignment. The two overlay projects were important for the life cycle of the streets but the realignment was a higher priority due to safety issues. Councilor Chapman/Voisin m/s to amend motion to authorize staff to substitute money from the overlay project schedule to complete this project. DISCUSSION: Councilor Silbiger understood the change to the CIP was for safety but was uncomfortable circumventing the CIP and Budget Committee processes. Councilor Chapman agreed and added the intersection realignment was critical six years before and would have occurred if funds were available. Roll Call Vote: Councilor Voisin, Silbiger, Chapman, and Morris,YES; Councilor Slattery, NO.Motion passed 4-1. Roll Call Vote on amended main motion: Councilor Voisin, Slattery, Silbiger, Chapman and Morris, YES.Motion passed. Councilor Chapman thought it was important to move forward on the realignment so people could cross North Main Street safely and wanted to see it finished before the next school season started concurrent with the road diet. Councilor Chapman/Voisin m/s to move forward on the road diet plan in early spring concurrent with fixing the Hersey/Wimer intersection weather permitting. DISCUSSION: Councilor Chapman thought the road diet should happen as early as possible so citizens could adjust to the changes before traffic increases for the tourist season. Construction on the Hersey/Wimer intersection would reduce lanes providing the opportunity to test the road diet during that two-month period. The biggest concern was the barrier North Main Street created for children walking. Councilor Slattery would not support the road diet at this point, questioned the immediacy, and thought it required further discussion with the public. Councilor Moms supported the road diet and thought the realignment was an opportunity to address the divisiveness in AJ7iLANU U/'Y I:UUNCIL MLLIEV U August 2, 2011 Page 8 of 8 the community. However, he did not support both projects happening concurrently. Councilor Voisin thought staff's proposal was a good compromise, the road diet was temporary and worth trying. Councilor Silbiger added forcing the road diet would cause more problems and preferred doing the pilot after the Hersey/Winner realignment. Councilor Chapman suggested changing the word `concurrent" to "sequential" in the motion. It would allow 6 months for community dialogue and design adjustments if needed. He explained having the project done in spring or summer would allow time to fix any failings before fall and weather prohibited immediate corrections. Councilor Chapman/Voisin m/s to amend motion to substitute the word "sequentially" with "concurrent" Roll Call Vote: Councilor Slattery, Morris, Chapman, Voisin and Silbiger, YES. Motion passed. CONTINUED DISCUSSION ON MAIN MOTION: Councilor Slattery was not comfortable asking for a public process when Council was directing staff to do the actual project regardless. Councilor Silbiger commented on the greater good and that safety was important. Roll Call Vote: Councilor Morris, Chapman,Voisin and Silbiger, YES; Councilor Slattery, NO.Motion passed 4-1. PUBLIC FORUM -None UNFINISHED BUSINESS -None ORDINANCES, RESOLUTIONS AND CONTRACTS -None OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Does Council wish to provide direction to City staff to investigate possible changes to the City's listserv? Delayed due to time constraints. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor �. yam d 10 I,Matti��/�pp I1Y. O t 4 PROCLAMATION , . n • ACCESS Food Share Pantry Network was established in 1982 to obtain and # efficiently distribute nutritious foods and other products to member agencies c� while developing programs and partnerships to help eliminate hunger. Since its establishment, ACCESS has distributed over 30 million pounds of food _ $ throughout Jackson County; and � a ' • ACCESS Food Share provides food for over 3,200 families each month; and • 38 percent of the members of households served by ACCESS Food Share are �s children under the age of 18, 19 percent are senior citizens, and 46 percent of households served have someone working; and a • For every dollar donated, ACCESS Food Share is able to distribute 5 pounds of food, or $1 will provide a meal for a family of five; and • Often people who find themselves in the position of need are forced to make :++ choices between shelter, utilities, health care/medicine, transportation and food; and too frequently adequate nutritious food is the casualty of these choices; a' NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of ,+ . �" Ashland, do hereby designate August 22 - 26, 2011 ast? " Mayors United Helping Feed Our Community in Jackson County and urge all of our citizens to commit to increasing awareness1v� - and understanding of the faces of hunger, and commit to assisting in eliminating it from our community. air Dated this 16th day of August, 2011 ¢ John Stromberg, Mayor Barbara Christensen, City Recorder • W 4 qoa rP A CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes April 6, 2011 Community Development/Engineering Services Building-51 Winburn Way-Siskiyou Room CALL TO ORDER - REGULAR MEETING, 6:00 pm Historic Commissioners Present: Dale Shostrom, Terry Skibby, Keith Swink, Sam Whitford,Allison Renwick, Tom Giordano,Alex Krach,Ally Phelps Commission Members Absent: Kerry Kencaim (u) Council Liaison: Michael Morris, absent Hioh School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Derek Severson; Clerk: Billie Boswell APPROVAL OF MINUTES Ms.Renwick pointed out that CommissionerAlly Phelps was at the March meeting but was not listed.Mr. Whitford moved to approve the March 2, 2011 minutes as corrected and the motion was seconded by Ms. Renwick. Mr. Giordano abstained due to being absent and the minutes were approved unanimously by the remaining Commissioners. PUBLIC FORUM: None PUBLIC HEARING: PLANNING ACTION: 2011-00244 SUBJECT PROPERTY: 485 A Street APPLICANT: Steve Hoxmeier DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert an unenclosed rear porch to interior business space and to operate a seasonal, outdoor food cart at 485 A St. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: R-1-7.5; ASSESSOR'S MAP:39 1E 09AB; TAX LOT:6500 Chairman Shostrom verified there was no exparte contact or conflict of interest. Mr. Severson explained the applicant wished to enclosed a 7'x14' porch on the railroad side of the building and also provide space for an outdoor food cart. Chairman Shostrom thought it was a good idea because it would add vitality to the area. Mr.Whitford agreed because there are plenty of commercial businesses in the area. Mr. Hoxmeier was unsure what type of food would beoffered. There being no further questions of the applicant and no questions or concems from the audience,the public hearing was closed. Mr. Giordano made a motion to recommend approval of the request as presented. It was seconded by Mr. Swink and the decision to recommend approval was unanimous. PLANNING ACTION: 2011-00251 SUBJECT PROPERTY: 304 N. Main St. APPLICANT: Pat Kirkpatrick DESCRIPTION: A request for a Sign Variance to bring an existing non-conforming pole sign closer into conformity with sign code regulations located at 304 North Main Street. COMPREHENSIVE PLAN DESIGNATION: Low-Density MultFFamily Residential; ZONING: R-2;ASSESSOR'S MAP: 391E 05DD;TAX LOT: 700 Chairman Shostrom verified there was no exparte contact or conflict of interest. Mr.Severson stated the proposal had gone before the Historic Review Board and they had preferred retaining the original sign for its historic nature. But the sign was damaged when hit by a customer and needs to be replaced. Sign code requires it be brought into compliance. The Ashland Historic Commission Minutes 8/412011 CITY OF ASHLAND applicant is asking for a 20 square foot sign instead of the 15 square feet allowed by code. There being no one in the audience wishing to speak,the public hearing was closed. Mr.Whitford said the lower height fits better in the predominately residential neighborhood and feltthe original sign was not historically significant. Mr.Swink disagreed stating that the sign was part of the town's history and added quaintness to the drive into town. Mr.Skibby pointed out that the market building was not historically significant. Ms.Renwick preferred the old sign but understands the cost and code restrictions.Mr. Krach pointed out that the neon portions of the sign are non- working and questioned if the neighborhood would want them restored. Mr.Severson reported the sign contractor could not fix it;the sign was too far gone. Currently it is roped together and potentially dangerous. Mr. Whitford made a motion to recommend approval of the new sign as presented and Mr. Giordano seconded the motion. The motion was approved by a 7-1 majority with Mr. Swink opposing. PLANNING ACTION: 2011-00256 SUBJECT PROPERTY: 134 Terrace/19 Hillcrest APPLICANT: Carolyn and David Allman DESCRIPTION: A request for Physical and Environmental Constraints review permit approval for Hillside Development to construct a new single-family residence on a vacant parcel located at 134 Terrace Street. Also included are a Lot Line Adjustment, and Variances(2)to reduce the rear yard setback from 20 feet to 11 feet,six and Y2 inches and to make the existing norrconforming'lot,which is wider than it is deep, more nonconforming through the Lot Line Adjustment. COMPREHENSIVE PLAN DESIGNATION:Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391E 09CA; TAX LOT: 11300& 11301 Chairman Shostrom confirmed that there was no exparte contact or conflict of interest. He said that the applicants had been to the Historic Review Board several times while remodeling the old house at 19 Hillcrest and that he had visited the site at that time. This project is for a new house off Terrace Street. Mr.Severson described how this house would be set below the street on a steep slope,minimizing the height and mass. The owners,Carolyn and David Allman explained that the original home did not meet their lifestyle needs and they would like to build new one at the rearof their lot off Terrace St. The older historic house and rock wall will remain. There being no further questions of the applicant and no questions or concerns from the audience, the public hearing was closed. Mr. Skibby commented how this lot was at the edge of the historic district and the design captured both the old and new. Mr.Giordano pointed out it was a difficult a lot to design on. Chairman Shostrom made a motion to recommend approval for the project as presented. Mr.Skibby seconded the motion and it was approved unanimously. OLD BUSINESS: A. Review Board Schedule April 7'h Terry, Keith,All Aril 1411 Terry,Allison, Dale Aril 21s' Terry,Alex, Tom Aril 281h Terry,Ally, Kerry May 5th Terry, Keith, Sam C. Project Assignments for Planning Actions— BD-2007-01764 160 Helman Batzer-Comm Bldgs)_Recession Extension approved)] Shostrom/Giordano PA-2007-01939 175 Lithia W formerly 165 Lithia Archerd&Dresner-Mixed Use Bldg-(Expired712Yfo) Renwick BD-2009-01288 165 W Fork—New SFR on hillside(new owner-Suncrest Hms)(Modification submined) Swink/Shostrom BD-2009-00711 568 E Main St(McKechnie)Cucina Biazzi enclosed dining area(partial final) Skibby BD-2011-00436 426 A St(Sidney Brown) Mixed Use Bldg (permit in review) Giordano Ashland Historic Commission Minutes 8/4/2011 C I T Y OF ASHLAND PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear(No permit yet,expired 8127110.) Swink BD-2010-00156 163 N Pioneer Intatto Coffee Coffee sho & roaster (TCO issued 3-17-10 Shostrom PA-2010-00069 175 N Pioneer(Deli)Terrell (no permit-code compliance letter written) Shostrom PA-2010-00486 820 C St Ellison Accessory Structure under construction Giordano BD-2010-01144 963 C St. (Holzshu) New SFR(ftnalled 4-8-2011) Shostrom PA-2010-00993 400 Allison Robin Biermann New SFR (Modification submitted PA-2011-00043 WhiffordlRenwick PA-2010-01239 85Winbum Phelps New Restaurant/Cafe under Council review) Shostrom PA-2011-00027 156 Seventh Annie McIntyre) no permit yet Renwick BD-2011-00152 222 A St Deux Chats bakery) (finalled 4-12-2011) Kencaim BD-2011-00368 92 Eighth St Charter)ARU (approved-not issued Swink PA-2010-01611 260 First St S ken house to retail sales no permit Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch &food truck(no pennio Giordano PA-2011-00256 134 Terrace Allman New SFR no ermit Whifford DISCUSSION ITEMS: 1. Mr.Krach announced that he did not renew his Historic Commissioner position foranotherterm and this would be his last meeting. 2. The Secretary position was reassigned to Ms. Phelps. 3. Mr.Swink reported that changes were made to the plans for a deck at 231 Gresham. Mr.Severson said he would notify the building inspector. 4. Mr. Krach commented that he thought the tan color for sidewalks in the historic district was too dark. Chairman Shostrom said they do fade to a lighter color. 5. Gun Club—Mr. Severson said the lease discussion was continued until July. If a tour is arranged for Council, Historic Commission will be notified so they can attend. Mr.Skibby said he saw new berms on Google Earth. Mr. Severson thought they could be from the archery area. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 7:15 p.m. Ashland Historic Commission Minutes 8/4/2011 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes May 4,2011 Community Development/Engineering Services Building-51 Winburn Way-Siskiyou Room CALL TO ORDER- REGULAR MEETING, 6:00 PM Historic Commissioners Present: Dale Shostrom, Terry Skibby, Keith Swink, Sam Whitford, Kerry Kencaim, Tom Giordano,Ally Phelps Commission Members Absent: Allison Renwick(e) Council Liaison: Michael Moms,absent High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planner: Michael Pifia; Clerk: Billie Boswell APPROVAL OF MINUTES Mr. Swink moved to approve the April 6, 2011 minutes as presented and the motion was seconded by Mr. Whifford. Ms. Kencaim abstained due to being absent and the minutes were approved unanimously. PUBLIC FORUM: None Michael Pina stated he would be filling in for Derek Severson,the regular Historic Commission staff liaison. Chairman Shostrom asked the Commissioners if the Mountain View Cemetery project in New Business could be heard prior to the Public Hearings. There was consensus. NEW BUSINESS: Mountain View Cemetery Crypt Removal-Mike Morrison, Jr. explained the current condition of the crypt which the City believes was built over 50 years ago by the Cemetery sexton for himself. It was never used. Ivy covered the crypt until a problem with wasp nests forced removal of all of the ivy. The concrete has deteriorated significantly and homeless people are crawling inside and using it leaving debris behind. Since there is no historic significance,the Historic Commission recommended it be removed. Mr.Whitford made a motion to approve removal of the crypt, Ms. Kencaim seconded the motion and it was approved unanimously. PUBLIC HEARING: PLANNING ACTION: 2011-00335 SUBJECT PROPERTY: 89-93 Oak Street APPLICANT: Carlos Delgado for Alex Amarotico DESCRIPTION:A request for Site Review permit approval for a modification to the exterior of a structure listed as a Primary Contributing Structure in the Ashland Historic Resources Inventory. The P.W. Paulson Buiding was constructed circ 1905 as three retail/office spaces. The applicant is proposing to rehabilitate the original 1905 street facade through renovation based on early historical photos and postcards. The applicant is also working with the State Historic Preservation Office to obtain Special Assessment Designation for the building. COMPREHENSIVE PLAN DESIGNATION: Commercial, Downtown;ZONING: C-1-D;ASSESSOR'S MAP: 391E 09BB; TAX LOT: 10300 Chairman Shostrom verified there was no exparte contact or conflict of interest. Mr. Skibby said he had provided Mr. Amarotico with some historic pictures and that the Historic Review Board had met with him regarding the project. Mr. Pina said that staff supported the project. Mr.Amarotico described the rehabilitation elements such as exposing the brick at the top hidden behind the current stucco finish and recreating the cornice. He would be replicating the cornice Ashland Historic Commission Minutes 8/4/2011 CITY OF ASHLAND as shown in a historic picture and illustrated in a period catalog from that era. Mr.Amarotico confirmed that there would be no awnings put up.There being no further questions of the applicant and no questions or concerns from the audience, the public hearing was closed. Mr. Skibby thought the project was great. Mr.Whitford said the rehabilitation was what the Historic Commission dreams about. Mr. Giordano made a motion to recommend approval of the request as presented. It was seconded by Mr. Whitford and the decision to recommend approval was unanimous. PLANNING ACTION: 2011-00 SUBJECT PROPERTY: 165 W Fork Street APPLICANT: Suncrest Homes for Mark Ottis DESCRIPTION:A request for Physical and Environmental Constraints review permit approval for Hillside Development including Severe Constraints to construct a new single-family residence on a vacant parcel located at 165 W Fork Street. The proposal modifies the house plans of an existing approval by reducing the size of the site disturbance from 4,252 to 2,621 square feet.The previously approved decision including tree removal to remove six trees and the Exception to Street Standards to place a driveway less than 24-feet from the adjacent driveway remains effective. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 09BD; TAX LOT: 3600 Chairman Shostrom asked about exparte contact or conflict of interest. Ms. Kencaim and Mr. Giordano recused themselves due to having worked on the original project Mr. Skibby said the project had come before the Historic Review Board for discussion.Mr. Pina said the new applicant had reduced the square footage of the home and positioned the home closer to the road thereby reducing the mass and bulk. Mr. Skibby asked if it also lowered the profile in the back and Mr. Pina said it did. He also said the City moved the public trail so it wouldn't cross the new proposed driveway. Mark Ottis,owner and Chadie Hamilton of Suncrest Homes reviewed the primary changes of the plan. Chairman Shostrom confirmed the front elevation as 4-feet below the road level. Mr. Skibby commented that the rear elevation profile was substantially lower. Mr. Skibby also asked about why the garage side was so plain. Mr. Hamilton said there was no living space below the garage,just storage space and unused crawl space. The siding would be textured Hardiplank with a 6"exposure and the windows would be vinyl. Ms.Phelps and Mr. Swink preferred a smooth textured look. There being no further questions of the applicant or anyone in the audience to speak, the public hearing was closed. Mr. Whitford felt the new design was a big improvement being scaled down overall to fit the lot better. Ms. Phelps liked the craftsman design. Mr. Skibby made a motion to recommend approval for the project with the recommendation to use a smooth-finished siding with a 6-inch reveal. Chairman Shostrom seconded the motion and it was approved unanimously. OLD BUSINESS: A. Review Board Schedule May 51h Terry, Keith, Sam May 121h Terry,Allison, Dale May 1911 Terry, Kerry, Tom May 261h Terry, Ally, Sam June 2nd Terry,Ally,Allison June 9U Terry, Keith Ashland Historic Commission Minutes 8/412011 C I T Y OF ASHLAND C. Project Assignments for Planning Actions—Added 101 Oak St with Shostrom overseeing. BD-2007-01764 160 Helman Batzer-Comm Bldgs Recession Extension approved)) Shostrom/Giordano PA-2007-01939 175 Lithia W y(formerly 165 Llthia)Archerd&Dresner-Mixed Use Bldg-(Expired 712910) Renwick BD-2009-01288 165 W Fork—New SFR on hillside(new owner-Suncrest Hms)(Modification submitted) Swink/Shostrom BD-2009-00711 568 E Main St(McKechnie)Cucina Biazzi enclosed dining area(partial final) Skibby. BD-2011-00436 426 A St(Sidney Brown) Mixed Use Bldg (permit in review) Giordano PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear(No permit yet;expired K7110.) _ Swink BD-2010-00156 163 N Pioneer(Intatto Coffee) Coffee shop& roaster (TCO issued 3-17-10 Shostrom PA-2010-00069 175 N Pioneer(Deli) Terrell no permit-code compliance letter written Shostrom PA-2010-00486 820 C St(Ellison)Accessory Structure(under construction) Giordano BD-2010-01144 963 C St. Holzshu New SFR finalled 4-8-2011 Shostrom PA-2010-00993 400 Allison Robin Biermann New SFR Modification submitted PA-2011-00043 Whitford/Renwick PA-2010-01239 85 Winbum(Phelps) New Restaurant/Cafe (under Council review) Shostrom PA-2011-00027 156 Seventh Annie McIntyre) (no permit yet) Renwick BD-2011-00152 222 A St Deux Chats bake finalled 4-12-2011 Kencaim BD-201-1-00368 92 Eighth St(Charter)ARU (approved-not issued) Swink PA-2010-01611 260 First St S ken) house to retail sales(no permit) Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch &food truck no permit) Giordano PA-2011-00256 134 Terrace Allman New SFR(no permit) Whitford BD-2011-00621 89 Oak St Amorotico New fa ade on building Shostrom DISCUSSION ITEMS: 1. Mr.Severson discussed Historic Preservation Month and confirmed that a Proclamation would be issued by the City Council at their next meeting. In order to satisfy CLG requirements suggestions were made to hclude Mr. Krach's trip to the National Conference and the 100h Anniversary of the Elks Club event. 2. Mr. Swink asked about follow-up on the changes that were made to the plans for a deck at 231 Gresham. Mr. Severson explained that an over-the-counter building permit was approved and issued for the deck in March. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 7:15 p.m. Ashland Historic Commission Minutes 81412011 CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes June 8, 2011 Community DevelopmentlEngineering Services Building-51 Winburn Way-Siskiyou Room CALL TO-ORDER-SPECIAL MEETING, 5:00 pm Historic Commissioners Present: Dale Shostrom, Terry Skibby, Keith Swink, Sam Whitford,Allison Renwick, Tom Giordano,Ally Phelps Commission Members Absent: Kerry Kencairn(e) Council Liaison: Michael Moms(arrived at 6:00 pm) High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Planners: Derek Severson &Amy Gunter, Clerk: Billie Boswell Historic District Design Standards Revision-Todd Scott reviewed the draft changes made to make Ashland's Historic District Design Standards more in line with the federal standards and the Historic Commission's goals. Section IV-B. was changed to Rehabilitation Standards to emphasize rehabilitation as opposed to remodel. Ms. Gunter asked if the definition of"rehabilitation"could be included. There was discussion regarding how additions should be delineated from the original structure in the line drawings. Also whether or not to encourage siding,windows and trim to match the existing home. Ms. Gunter asked if the definition of"rehabilitation"could be included to differentiate it from"remodel". On the illustrations, Section IV-C, several Commissioners suggested that an actual building drawing be used instead of a"box". On the new Section IV-C-11,Additions, it was asked that the illustrations be consistent with two homes so it doesn't look like two houses were pushed together. It was also suggested that illustration IVC-10 be added back with different pictures and a better description. On the Downtown Design Standards the Commissioners supported adding an exception to allow historic architectural details to be retained on historic buildings. Mr. Severson said the revised version would be presented to the Planning Commission on June 2811 and the final would go to City Council on August 2nd. CALL TO ORDER-REGULAR MEETING, 6:05 pm APPROVAL OF MINUTES Ms. Renwick pointed out that on the 165 W Fork St project it was Ms. Phelps and not her that made comment on the siding. Mr. Whitford moved to approve the April 6, 2011 minutes as amended and the motion was seconded by Mr. Swink. Ms. Renwick abstained due to being absent and the minutes were approved unanimously by the remaining Commissioners. PUBLIC FORUM: None PUBLIC HEARING: PLANNING ACTION: 2011-00558 SUBJECT PROPERTY: 39 Fourth Street APPLICANT: Sarah Challman . DESCRIPTION:A request for a Conditional Use Permit approval for a Traveler's Accommodation to be located within an Accessory Unit located behind 39 Fourth Street adjacent to the alley. COMPREHENSIVE PLAN DESIGNATION: Low-Density MultFfamily ZONING: R-2;ASSESSOR'S MAP: 391E 09BD TAX LOT: 500 Ashland Historic Commission Minutes 8/4/2011 C I T Y OF ASHLAND Mr. Severson explained that the applicant wants to convert an existing unit, built in 2001,to a Traveler's Accommodation. No remodel would be required. The applicant was not present. There being no questions or concerns from the audience,the public hearing was closed. Mr. Giordano was concerned about the loss of an affordable rental unit. Chairman-Shostrom felt Traveler's Accommodations have a direct impact on residential historic.neighborhoods. Mr. Swink said he thought Traveler's Accommodations can actually rescue historic home because they are often rehabilitated and improved. He also pointed out that they can always be reverted back to a rental. Mr. Skibby agreed. Mr. Severson pointed out that Traveler's Accommodations were added to the code as a way to encourage rehabilitation of historic districts but requiring a CUP to address concerns of noise, parking,etc. He did concede that some neighborhoods may be reaching a saturation point. Mr. Whitford made a motion to recommend approval of the request.as presented It was seconded by Mr. Swink and the decision to recommend approval was unanimous. PLANNING ACTION: 2011-00649 SUBJECT PROPERTY: 140 Central Ave APPLICANT: Lois Van Aken DESCRIPTION:A request for a Conditional Use Permit approval to reactivate a nonconforming structure to be used as habitable space; and a Conditional Use Permit to modify an existing CUPfor an Traveler's Accommodation unit, to have a total of 3 units. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family; ZONING: R-3;ASSESSOR'S MAP: 391 E 04CC TAX LOT: 4400 Chairman Shostrom asked about exparte contact or conflict of interest. Mr. Skibby said he talked to the owners about photos. Mr. Severson explained that the applicant remodeled the out-building without a building permit and it currently does not meet fire and building codes.He said the owner plans to bring this building into compliance by removing the eaves on one side. She will then live in it, and rent out the main house and other 2 units for Traveler's Accommodations.Mr. Shostrom questioned the bump-out used as a utility closet. Mr. Giordano made a motion to recommend approval for the project with the recommendation to retain the eaves and fireproof them as required by Building Code. This revised design would be brought hack for approval by the Historic Review Board. Chairman Shostrom seconded the motion and it passed by majority vote, 6-1, with Mr. Whitford voting against it. PLANNING ACTION: 2011-00668 SUBJECT PROPERTY: 66 Scenic APPLICANT: Robyn Forsyth DESCRIPTION:A request for a Solar Access Variance approval to construct a detached garage structure.The structure will shade the property to the north more than permitted by code,the adjacent property owner has agreed to the requested shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;ASSESSOR'S MAP: 391E 08AD TAX LOT: 2400 Ms. Gunter explained that there are driveway and slope restrictions that contribute to the need for a solar variance for the detached garage with living space below. She confirmed it would not shade any adjacent buildings. The neighbor to the north has signed a Solar Variance agreement. Mr. Whitford made a motion to approve the project as submitted. Mr.Giordano seconded the motion and it passed unanimously. Ashland Historic Commission Minutes 8/4/2011 C1 T Y OF ,ASHLAND OLD BUSINESS: A. Review Board Schedule June 91h Ten, Keith June 161h Terry, Sam, Dale June 23,d Terry,Allison, Tom ' June 301h Terry,Ally, Dale July 71h Terry, Keith, Kerry C. Project Assignments for Planning Actions-Added 66 Scenic with Ms. Phelps overseeing. BD-2007-01764 160 Helman (Batzer-Comm Bldgs){Recession Extension approved hostrom/Giordano PA-2007-01939 175 Lithia Wy(formerly 165 Lithia)Archerd&Dresner-Mixed Use Bldg-(Expired 712511o) Renwick BD-2009-01288 165 W Fork-New SFR on hillside(new owner-Suncrest Hms)(Modifca6onsubmitted) Swink/Shostrom -BD-2009-00711 568 E Main St(McKechnie)Cucina Biazzi enclosed dining area(partial final) Skibby BD-2011-00436 426 A St(Sidney Brown) Mixed Use Bldg (permit issued 5-18-11)) Giordano PA-2009-00785 255 E Main (Ashland Elks) Balcony on rear(No permit yet;expired 8127110.) Swink PA-2010-00069 175 N Pioneer(Deli)Terrell (no permit-code compliance letter written) Shostrom PA-2010-00486 820 C St Ellison Accessory Structure finalled Giordano PA-2010-00993 400 Allison Robin Biermann New SFR Modification submitted PA-2011-00043 Whitford/Renwick PA-2010-01239 85 Winburn Phelps) New RestauranUCafe (pLj t withdrawn Shostrom BD-2011-00820 156 Seventh Annie McIntyre) (Issued 7-12-11) Renwick BD-2011-00368 928 CSI:(92 Eighth St) (Charter ARU issued 7-11-11 Swink PA-2010-01611 260 First St S ken) house to retail sales(appealed) Phelps PA-2011-00244 485 A St Hoxmeier enclosed porch &food truck no permit) Giordano PA-2011-00256 134 Terrace Allman New SFR no ermit) Whitford BD-2011-00621 89 Oak St Amorotico) New fag de on building_(under construaion) Shostrom PA-2011-00668 66 Scenic(Forsyth) Solar Variance Phelps DISCUSSION ITEMS: 1. Mr. Severson announced that the project as 85 Winbum Wy was withdrawn June 8h by the applicant. 2. Mr. Skibby asked about the status of the Gun Club lease. Mr. Morris said it was scheduled for the July Council meeting. Another consultant was hired to re-evaluate and estimate fees for clean-up. 3. Mr.Severson announced that he was transilioning out and Amy Gunter would be the new Historic Commission staff liaison. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 7:15 p.m. Ashland Historic Commission Minutes 81412011 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES July 12, 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: Staff Present: Larry Blake Bill Molnar, Community Development Director Michael Dawkins Derek Severson,Associate Planner Pam Marsh April Lucas, Administrative Supervisor Debbie Miller Absent Members: Council Liaison: Melanie Mindlin Russ Silbiger,absent ANNOUNCEMENTS Commissioner Marsh presented John Rinaldi Jr.a certificate in recognition of his service on the Planning Commission. 'Community Development Director Bill Molnar stated the City Council will be holding a Study Session on urban renewal on July 181^ and stated staff is looking for direction from the Council on whether they want to proceed. Commissioner Marsh listed the upcoming meetings of the Planning Commission. CONSENT AGENDA A. Approval of Minutes. 1. June 14,2011 Regular Meeting. 2. June 28, 2011 Study Session. Commissioner Miller requested the minutes of June 14, 2011 be amended to reflect her attendance and input from the June Historic Commission meeting. The Consent Agenda was approved with the noted correction to the June 14th meeting minutes. PUBLIC FORUM No one came forward to speak. TYPE II PUBLIC HEARINGS A. PLANNING ACTION:#2011.00738 SUBJECT PROPERTY: 1405 Tolman Creek Road APPLICANT: Malibar Group, LLC DESCRIPTION:A request for Outline and Final Plan approval for an eight-lot Performance Standards Subdivision to be developed in three phases for the vacant property located at 1405 Tolman Creek Road. The application also includes requests for a Variance to reduce the number of on-street parking spaces by fifty percent in order to preserve a large(60-inch diameter)maple tree; an Exception to Street Standards to not install sidewalks along a portion of the new street; and a Physical&Environmental Constraints Review Permit to allow utility installation within ASMe17d Planning Commission July 12. 2011 Page 1 of 4 the Hamilton Creek floodplain along Tolman Creek Road.COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;ZONING: R-1.7.5; ASSESSOR'S MAP#: 391E 23 BA; TAX LOT: 308 and 501 Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Miller, Dawkins, Blake and Marsh made site visits; No ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report for the proposed 8-lot subdivision. He stated the proposal is for a three phased performance standards subdivision, including a variance to reduce the number of on-street parking spaces to preserve a large maple tree, an exception to not install sidewalks along a portion of the new street, and a physical and environmental constraints permit to allow utility installation within the Hamilton Creek floodplain. Mr. Severson provided an overview of the site and the surrounding area, and clarified the tax lots to the north and south of the flag drive are not included in this application. He explained the applicant is proposing to complete a%street improvement within the existing driveway and to meander the drive around a large maple tree located in the center of the site. He stated the street improvements, including a parkrow and sidewalk would be installed along the south side of the street during phase one, and the sidewalk along the opposite side would go in when the property to the north is eventually developed. He added the applicant is willing to install the full street improvement at this time if a reimbursement agreement can be worked out with that owner. Mr. Severson reviewed the placement of the sidewalks and stated the existing driveway easement would be fumed into a pedestrian easement to provide connectivity from Apple Way to Tolman Creek Rd. He reviewed the applicant's Tree Protection Plan and noted the issues raised in the staff report, including the request for a revised plan that identifies any additional measures the arborist finds necessary to protect the maple tree during construction and excavation, and the adjustment of the building envelope for Lot 6 to protect the trees on the west property line. Mr. Severson reviewed the applicant's variance request to the on-street parking requirement and stated staff believes the requirement can be met when the circular drive is removed in the later phases of the development. He stated staff is recommending a revised site plan be presented that addresses on-street parking, the removal of the looped drive,the use of shared drives, and the separation between driveways. In closing, Mr. Severson stated staff believes the applicant has met the requirements for subdivision approval and the physical and environmental constraints permit. He restated staffs request for the applicant to present a revised Tree Protection Plan and a revised Site Plan as discussed, and in terms of the sidewalk recommended the pedestrian routes be clearly distinguished. Questions of Staff Commissioner Dawkins asked for clarification regarding the parking and questioned if this development would take away potential parking from the undeveloped lots. He also asked if accessory residential units (ARU)could be placed on these lots and what the parking requirements would be. Mr. Severson staled an ARU would be subject to a conditional use permit and staff would normally address parking at that time based on the size of the additional unit. Dawkins questioned if they should include the capability for more parking at this stage rather than having this issue come up later down the road. Commissioner Miller asked if it would be feasible to install the sidewalk on the opposite side of the street where there are no trees planted. Mr. Severson stated city street standards require sidewalks to be installed on both sides of the street, and regardless of which side of the street the sidewalk goes in first, eventually those trees will be impacted. Applicant's Presentation Mark Knox,485 W Nevada/Laurie Sager, 700 MistletoelMark Kamrath, 725 Alaska/Mr. Knox addressed the Commission and stated the primary objectives of the applicant are: neighborhood compatibility, preserving the trees, and limiting the impact on the surrounding properties. He noted the neighborhood meetings that were held and commented on the phasing of the development. Mr. Knox explained they are going from two lots to eight, and on 3.21 acres they could legally do 11 and could enhance that number significantly through density bonuses. He added, however, this is not what the applicant wants. He explained the average lot size in the proposed development is 15,000 sq.ft, and the surrounding neighborhood has averages of 10,200 sq.ft. In addition, they are proposing setbacks that greatly exceed the standard. Ashland Planning Commission July 12, 2011 Page 2 of 4 Mr. Knox commented on the concern regarding two-story homes. He reviewed the proposed setbacks and explained this site also sits about 6-8 feet below the existing homes. Regarding the relocated pedestrian easement, he commented that the previously proposed easement was oddly placed and their proposal would relocate the easement along a public street and will provide a direct link to the meandering driveway up to Apple Way. Mr. Knox commented on the on-street parking requirements and noted where spaces could be made available. He also commented on the sidewalk installation and suggested either a narrower sidewalk to preserve one additional tree,or stopping the sidewalk short. He expressed concern with the staff recommendation for trees 38, 39 and 40 to be saved indefinitely and stated these are located on a shared property line and there could be hazardous conditions that arise in the future that may necessitate their removal. Questions of the Applicant Mr. Knox was asked about the phasing of the development and its relation to the creation of off street parking, and about the private drive that will cross the natural drainage easement. Ms. Sager commented on how the maple tree will be protected during the construction stages, and emphasized that this project was designed around that tree and they will do everything they can to preserve it. Public Testimony Michael Hitchcock/2300 Lupine Dr/Stated he resides in one of the homes behind the project site and commented on the issues and concerns outlined in the letter he submitted;specifically, 1)tree preservation and protection,2) retention of morning solar access, 3)single story compatibility with the neighborhood,and 4) light and glare screening. Karen Green/1403 Apple Way/Stated the proposed pedestrian easement crosses her property and explained this is currently a private vehicular driveway. Ms. Green shared her concerns with turning this into a public easement, including the loss of property value and privacy, and light and glare associated with street lights. She questioned the need to have a pedestrian connection to Tolman Creek and stated this stretch of road can be a scary place to walk. She suggested the Commission table this element of the application,or abandon it entirely. Estelle Voeller/3784 Coleman Creek Rd, Medford/Stated she is supportive of the proposed re-routing of the pedestrian pathway but understands this will affect other residents. Ms. Voeller noted where her property was located in relation to the proposed site and shared her concerns regarding the safety of the pathway. She commented on the potential fire danger and said the ravine could be dangerous if someone fell in. Ms. Voeller asked about the maintenance and accident liability if the vehicular driveway is turned into a public walkway,and also asked if the catch basin on her property would be impacted by the drainage. Zach Brombacher11370 Tolman Creek Rd/Stated he is not supportive of infill and shared his concerns regarding this proposal, including: inadequate parking,fire truck access and fire protection, installing the necessary road width, and using swales so that water does not flow onto his property. Eric Heesacker/2360 Ranch Rd/Stated the land owner has gone out of his way to be generous to the property owners and thinks this is a very good land use proposal. Mr. Heesacker noted the applicant is proposing to create fewer lots than are allowed and voiced support for the extra setbacks. He stated it is not true that there are no two-story homes in the Greenmeadows subdivision and while he agrees that connectivity is valuable,concurred with the concerns about turning a private easement public. Mr. Heesacker stated the land owner has done what he can to appease the neighbors, and stated this application conforms to all applicable standards and believes it should be approved. Commissioner Marsh explained a request to leave the record open has been received. She reviewed the letters that were handed out at the beginning of the meeting and summarized the content of those submittals. Applicant's Rebuttal Mark Knox/Responded to issues raised by the neighbors. He stated they will commit to a 40 ft setback for Lot 5, but will not agree to only single story homes. He noted the additional setbacks and large lot sizes and stated there is no applicable criteria that would warrant a single story height restriction. He stated they would work with Ms. Green to address her concerns, and stated the applicant does not want to disregard the connectivity and believes there are treatments that can be done to remedy the neighbors' concerns. Mr. Knox clarified any drainage issues would be address, and in response to the parking concern he noted the large lot sizes and stated he does not believe this will be an issue. Ashland Planning Commission July 12, 2011 Page 3 of 4 Commission Marsh closed the public hearing at 9 p.m. She stated the record would remain open for 7 days,and the applicant will have 7 days to respond. Staff added this application will come back before the commission on August 9, 2011. Commissioner Dawkins requested staff respond to whether the sidewalk could stop at the sycamore tree, and whether this could be a condition of approval. OTHER BUSINESS A. Planning Commission Retreat Schedule Commissioner Marsh stated she believes they should wait until the Commission has more members before they pursue this topic. Commissioner Dawkins disagreed and stated at some point they need to make a decision on this. B. Bi-Annual Attendance Report Commissioner Marsh noted the new Uniform Policies and Procedures Ordinance requires the Commission to review their attendance twice a year. She stated Commissioner Miller has exceeded the number of permitted absences and asked staff to consult with the City Attorney regarding this issue. ADJOURNMENT Meeting adjourned at 9:10 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission July 12, 2011 Page 4 of 4 CITY OF -ASHLAND TRANSPORTATION COMMISSION Thursday, May 19, 2011 Council Chambers, 1175 East Main Street Minutes Attendees: Tom Burnham, Shawn Kampmann,Steve Ryan(Chair)Julia Sommer, Colin Swales, Brent Thompson, Corinne Vieville(via Telephone), David Young Absent: Eric Heesacker Staff Present: Jim Olson,Nancy Slocum 1. CALL TO ORDER: Meeting was called to order at 6:00 p.m. by Chair Steve Ryan. Commission welcomed long time resident Shawn Kampmann. II. APPROVAL OF MINUTES: Burnham moved to approve the minutes of April 21, 2011 with minor amendments. Young seconded the motion and it passed unanimously. III. ADJUSTMENTS TO THE AGENDA: Agenda items were reordered to accommodate the attending members of the public. Item E would be followed by Items A, F, B,C and D. IV. PUBLIC FORUM No one spoke to items not on the agenda. V. ACTION ITEMS: A. Request for Memorial Sign on Faith Avenue Olson provided the staff report. In June, 2010, Jesse Brandson was fatally injured in a skateboarding accident. His mother,Janet Brandsen, requested that a memorial sign of the City's choosing be placed at or near the crash site. There was currently no policy or prior history of this type of request and Olson asked the Commission for guidance. Janet Brandsen, 570 Faith Avenue, was supported by her sister-in-law, Jesse's girlfriend and his bestfriend. She requested the memorial sign to mark the one year anniversary of Jesse's death. She said a small sign was okay. Mike O'Neele, 570 Faith Avenue, suggested a small approximately one foot square sign be mounted on the telephone pole. He suggested the sign remind children to wear a helmet when skateboarding. Sam Sheppard, 340 Normal Avenue, favored a memorial sign as a reminder to children as she had a 16 year old skateboarder at home. Nancy Boyer,425 Normal Avenue, was the owner of the property(696 Faith Av)adjacent to the C:\Pub-Wrks\Eng\Dept-Admin\Transponation Commission\Minutes\2011\5 19 11 TC Minules.Docx Page 1 of 5 accident site. She had concerns about where a sign would be located and whether or not property owners would be notified before a decision was made. Motion Burnham moved to draft a memorial street sign policy. Thompson seconded the motion. Discussion Young thought the issue was more complicated than he first thought. He agreed children should be reminded to wear their helmets,but this request set a precedent. He did not like the time limit pressure. He noted that no signs could legally be placed on telephone poles. He suggested perhaps posting a sign on private property while a formal policy was being developed. Olson suggested the policy consider a smaller 18"by 24"or 12"by 24"sign posted on a 2" powder coated pole. The sign would be placed for a period not to exceed two years. He pointed Commissioners to the policy samples included in the packet. Amended Motion and Vote Sommer amended the motion moving staff to draft a memorial street sign policy for the Commission's review at the next Commission meeting.Thompson seconded the motion and it passed unanimously. Vote on original motion passed unanimously. B. Bicycle Transportation Alliance(BTA) Request for Funds Olson explained that this request was tied to Keith Massie's request for funding of bicycle helmets at the previous meeting. The Commission had asked that distribution of helmets be administered through BTA's classes and be based on need. Egon DuBois,381 W Nevada and BTA Rogue Valley Coordinator, asked the Commission to help fund bicycle safety classes in Ashland's middle and elementary schools. The classes and budget were described in the donation request letter from LeeAnne Fergason. BTA had subsidized bike safety classes in Ashland since 1999- He asked the Commission to grant BTA the balance of the Commission's budget for this fiscal year. DuBois was asked to report on the recent bike swap. This year the swap sold 212 pieces of bike equipment(vs 196 in 2010)and grossed$18,822 (vs $17,604)in private money. He did not yet know the net proceeds for either BTA or the Parks and Recreation classes. The Commission was confused on how much money they granted BTA in the past. Young did not understand the budget written by Fergason and questioned some of the figures. DuBois explained the administrative limitations of a non-profit organization and assured Young that all the money received from the Commission would fund classes in Ashland only. DuBois believed last year the money came from the Public Works Department budget and not the Commission. The Commission asked staff to research funding history. Sommer agreed with Young's concerns. Motion Young moved to defer action until June's meeting with the stipulation that a more detailed, transparent budget with actual costs for bike safety classes in Ashland be provided by BTA. G\Pub-Wrks\Eng\Dcpt-Admin\Transponation Commission\Minutes\2011\51911 TC Minutes.Docx Page 2 of Vieville seconded the motion. Discussion Vieville also questioned the accuracy of the budget.Thompson asked if the number of hours for each class could be reduced from ten hours in order to accommodate more students. Burnham stated that the school district had never had the funds to support these bike safety classes. Commission asked BTA to provide the cost per hour for classes, overhead costs(e.g. time to repair bicycles)and more realistic costs. Vote The motion passed unanimously. C. Siskiyou Velo Bicycle"Advocacy" Funding Grant Ryan asked that this item be tabled. He would ask staff questions regarding the grant via email. D. Request for Stop Sign on Homes at Normal Nancy Boyer,425 Normal Av and 30 year resident,disputed staffs traffic count. The area included a middle school,park, cemetery and senior center and at times traffic and parking use was very high. Relocating the mailboxes would help,but moving them further south was not convenient for residents. She was in favor of a stop sign and also requested a marked crosswalk. Beau Sheppard, 340 Normal,had three children and often used the bike path and intersection. He noted a stop sign and crosswalk would be helpful. He agreed with staffs recommendation,but thought even a yield sign would be more helpful than no sign. Mike Sullivan, 127 Walnut Place Phoenix, represented the corner property owner. A minor land partition was recently approved and included removing the lilac bush and installing a sidewalk as , conditions of approval. He had asked the post office to relocate the mailboxes,but they refused. He thought it important for staff to count pedestrians along with vehicles. Wendy Hood, 144 Normal, favored a stop sign. She had two young boys who were not allowed to retrieve the mail as she thought it too dangerous. Carol Block, 355 Normal, favored a stop sign and reported the mail carrier agreed. On some weekday evenings and Saturdays when Little League played there were many children walking and crossing the street. Vision was obstructed while making a right hand turn. Nicole Lee, 355 Normal, lived below the tracks off a private road. She favored relocating the mailboxes closer to the residents. She noted many cars parked on both sides of the streets at times. Leo DeMarinis, 145 Normal Avenue, frequented the Senior Center and favored a stop sign. He noted the confusion in the names Normal Street versus Normal Avenue. Sue DeMarinis, 145 Normal Av, thought there was no safe way to maneuver this intersection and favored a stop sign. She said it was very dangerous for children and seniors who perhaps had difficulty hearing. G:\Pub-Wrks\Eng\Dept-Admin\Transportation Comntission\Minmes\2011\5 19 11 TC Minutes.Doex Page 3 of Discussion Sommer asked staff if it was legal to place a stop sign where MUTCD warrants were not met. Olson said the City could waive warrants,but cautioned that stop signs were often misconstrued as the solution to all traffic problems. In fact stop signs could make things worse on low volume streets where residents eventually disregard the signs altogether. Sommer asked if the Planning Commission addressed the problems at this intersection. Sullivan answered no. Sommer asked if the property owner had the right to remove mail boxes located on their private property. Sullivan had not wanted to solicit a lawyer. Kampmann asked about installing a marked crosswalk. Olson noted that every intersection was a specified pedestrian crossing and that marked crosswalks often gave pedestrians a false sense of security. Burnham asked if a traffic study could be redone on a weekend. Motion Thompson moved to ask staff to work with the post office to relocate the mailboxes north of the intersection of Normal and Homes. Burnham seconded the motion. Discussion Young wondered if the location of mailboxes were within the Commission's purview. Sommer agreed with staff's recommendation for no stop sign,but would like staff to study the placement of a marked crosswalk. Vote Vote was four votes to four. Motion failed. Motion Young moved to install a stop sign on the south side of Homes at Normal. Motion failed for lack of a second. Motion Burnham moved to direct staff to redo the traffic study and review the accident history of this intersection. Motion failed for lack of a second. Motion Swales moved to endorse staff's recommendation at this time and meantime direct staff to study the feasibility of a marked crosswalk at this location,work with the post office to relocate the mailboxes, and review other potential safety options. Kampman seconded the motion. Discussion Young thought the intersection did not warrant a stop sign and disagreed that more study was needed. Vote Seven to one in favor of the motion. Motion passed. E. Request for Stop Sign on Pinecrest Terrace Olson reviewed the staff report. Both Pinecrest Terrace and Ponderosa had low traffic volumes (540 vs 350 vpd). This was an older subdivision with wide streets and no sidewalk improvements. G:\Pub-Wrks\Bng\Dept-Admin\Transportation Commission\Minutes\2011\5 19 11 TC Minutcs.Docx Page 4 of5 He received one call in favor of a stop sign and one against(sitting noise and air pollution). Staff recommended against a stop sign. Swales asked if there was sufficient vision clearance at the northwest comer. Olson said that because of the angle of the tum,yes. Grant Miller, 990 Pinecrest Terrace, was not in favor of a stop sign. He could not remember any crashes or near misses. Two neighbors he recently spoke to agreed. Motion and Vote Young moved to accept staffs recommendation against installing a stop sign. Thompson seconded the motion and it passed unanimously. F. Request for Left Tom Sienal at the Siskivou/W iehtman/Indiana Intersection Cheryl Briggs, employee of Southern Oregon University, witnessed several near misses at this intersection she thought resulted from left turning traffic. She thought the intersection could benefit from the installation of a protected left turn signal. Staff recommended that a traffic signal analysis be conducted to determine if left turn signals, at a cost of$150,000,was necessary. Commission wondered if SOU could be expected to fund part of the study costs. Olson replied that the signal was under the jurisdiction of the City of Ashland only. Motion Burnham moved to accept staffs recommendation that this engineering study be placed on the list of future projects and funded as money became available and to invite SOU to become involved with the analysis and future improvement of the intersection. Thompson seconded the motion and it passed unanimously. Discussion Swales asked if any interim actions such as signal timing could be implemented immediately. Olson replied that signal timing was a necessary part of the engineering study. Vote Commission voted eight to one; motion passed. VI. NON ACTION ITEMS A. UUvdate on North Main Road Diet Kittelson finished collecting data on the effects of the road diet on adjacent neighborhood streets. The town hall was scheduled for Tuesday,June 14. The format and venue were yet to be determined. VII. COMMISSIONER COMMENTS Sommer asked about other locations(besides Third Street) slated for on street bike corrals. Olson mentioned two: in front of the library and on Pioneer Street adjacent to Oregon Shakespeare. VIII. ADJOURN: 8:18 p.m. Respectfully submitted, Nancy Slocum, Office Assistant G:\Pub-Wrks\Eng\Dept-Admin\Transponation Commission\Minutes\2011\5 19 11 TC Minutes.Docx Page 5 of CITY Of ASHLAND TRANSPORTATION COMMISSION Thursday, June 23, 2011 Council Chambers, 1175 East Main Street Minutes Attendees: Eric Heesacker, Shawn Kampmann, Steve Ryan(Chair)Julia Sommer,Colin Swales,and David Young Absent: Tom Burnham, Brent Thompson,Corinne Vieville Council Liaison: David Chapman Staff Present: Mike Faught,Jim Olson, Mary McClary 1. CALL TO ORDER: Meeting was called to order at 6:00 p.m. by Chairperson Steve Ryan. 11. APPROVAL OF MINUTES: Commissioner Kampmann moved to approve the minutes of May 19, 2011 as written, seconded by Commissioner Young. Voice Vote: All Ayes. The motion passed with a unanimous vote. Ill. ADJUSTMENTS TO THE AGENDA: None staled. IV. PUBLIC FORUM Bruce Capp/115N main spoke to the Commission regarding the intersection of Heiman/Church Street crossing North Main as Lithia Way joins in,with regards to the North Main Road Diet Project. He believes all the traffic lanes going out of town should remain the same. Although, if the project moves forward, he recommends the change to reduce the lanes begin at Heiman Street instead of after the intersection. This would benefit tourists,and automobiles from stacking up. Mr. Capp was unable to find through studies what effect would be on the traffic when the North Main Road Diet Project is implemented. His main concerns were: 1. What effect on the traffic reducing from 4 lanes to 2 2. All traffic exiting town 3. Only 3 exit lanes out of town V. ACTION ITEMS: A. Bicycle Education by BTA and Ashland Parks and Recreation Jim Olson provided the staff report and letter clarifying questions from last month's meeting regarding the memo,Support for past BTA efforts and consideration for future Bike Education by Ashland Parks and Recreation. The first question: Will this Commission support BTA's request for last year's bike training in the amount of$3,400.00? He explained the request from BTA for$3,400.00 was for past education, not future,and also pointed the Commission to the attached letter in their packets for further explanation. Page 1 of 5 The second question: The Parks Commission asked the Commission to consider a total revamping of the educational program. Rachel Dials,the Parks Recreation Superintendent, explained to the Commission how the revised program would be run by the Parks and Recreation instead of BTA to allow not only spring classes,but also fall classes. She explained the program approximates costs$6,400 to$7,000 and $4,000 to$5,000 of the funds would come from the Bike Swap event. She asked for a commitment from the Commission in the amount of$2,000 for the upcoming fiscal year. The Parks Department would commit to operating this program as long as they continued to facilitate the Bike Swap event. Commissioner Young made a motion to pay BTA $3,400.00 to support last year's activities from the Commission funds, and to commit up to$2,000 in support for the Parks and Recreation to administer the Bicycle Safety Education Program. The motion was seconded by Commissioner Sommer. There was some brief favorable discussion between the Commissioners about the reorganization of this program, generating the program from Ashland, downside from BTA, the bicycle fleet, insurance and the Commission's budget. Voice Vote: All Ayes. The motion passed with a unanimous vote. Motion carries B. Building Safer Communities Mini-grant Jim Olson gave background information about the Building Safer Communities Mini-Grant Program. He explained the grant is primarily used for education and thought this grant could be used to support the Parks Department Bicycle Safety Education Program. The Commissioners discussed prior programs that were funded by this grant. Staff employees,Jim and Rachel, would write the grant for supporting the Bicycle Safety Program. Commissioner-Young moved that the City apply for the Mini Grant Program to be applied to the Parks and Recreation's Bike Safety Program. The motion was seconded by Commissioner Swales. The Commissioners discussed how if the city received the grant monies for this program, then it might not be necessary for the Commission to contribute all of the $2,000.00 that was just approved. Chairperson Ryan called for a vote. Voice Vote: All Ayes. The motion passed with a unanimous vote. Motion carries C. Request for Information Booth Q Car Free Day Celebration Jim Olson explained they have had a request from Mary Curtis(The US Fish and Wildlife Service Forensics Laboratory)to have a booth at Car Free Day mainly to clarify misconceptions about Climate Change. She explained to the Commission the science behind the green house gases and how they would like to be able to reach a broader audience to inform them on how they can do things on a local level as well as a national level. Commissioner Kampmann made a motion to allow The US Fish and Wildlife Service Forensics Laboraory to have a booth at Car Free Day, seconded by Commissioner Sommer. Chairperson Ryan called for a vote. Voice Vote: All Ayes. The motion passed with a unanimous vote. Motion carries Page 2 of 5 D. N.Main Road Diet ' Mike Faught read an email (included in the packet) from Tom and Nancy Burnham into the record. Mike, I am unable to attend this week's TC meeting(06/23/11). 1 would like this forwarded email to be read into the minutes for the record. It appears that PW is doing the right thing in addressing the North Main Diet. Have a fun meeting. Thank you. Tom Burnham. Mike, Based on the comments heard at the meeting of June 14ih and subsequent ones regarding the North Main Road Diet, 1 have come to the conclusion that the project is a good one. I am in favor of the present plan with the exception of Wimer/N.Main intersection. When that issue is resolved, I will vote in favor of doing the project. The sooner the better as far as I'm concerned. The project must move forward. I would entertain a signaled intersection as the simplest solution whether the streets get realigned or not. Regardless of what is done there, it is going to be expensive. Thank you. Mike spoke to the Commissioner about the article that came out in the paper regarding his comments about the Road Diet and the realignment of Wittier and Hersey Streets. He explained several unsafe situations that have arisen in the past and talked about different options and costs to readjust this area. Councilor Chapman talked about how they have looked at this re-alignment for a long time. Commissioner Kampmann remarked the realignment should be done regardless of the Road Diet. The Commissioners discussed the option of a mini round-about, although Mike Faught explained implementing this option would be a permanent change. Since the Road Diet is a temporary project,the roundabout is not an option at this time. There was a lot of discussion about roundabouts, traffic patterns and roundabouts as solutions in other areas. Councilor Young brought back the main focus of the discussion to the Road Diet Project approval and Mike Faught went over a time line of how everything would go forward. The Commissioners wanted to be clear about a time line for the Road Diet, the re-alignment, discussing other options and treating the project and/or the re-alignment as a standalone project. They discussed how to proceed. Chairperson Ryan wondered if the ODOT funds would be delayed, other suggestions for the roundabout, and points of view from opposing citizens. Commissioner Swales discussed the"no left turn option"onto Wimer and supported moving forward with the project. Commissioner Sommer made a motion the Commission recommend to the City Council that we proceed as soon as possible with the North Main Pilot Road Diet Project and that stajjpresent Council on August 2"d with a budget and timeline, also with the understanding the alignment with North Main will be done as soon as possible in conjunction but not to delay the Road Diet Project. The motion was amended: Commissioner Sommer made a motion the Commission recommend to the City Council that we proceed with the North Main Pilot Road Diet Project as designed. Commissioner Swales seconded the motion. Commissioner Young discussed how he felt that the Commission was left out of the process when Dan Burden was in town,and also the decisions mentioned in the article that was printed in the paper. The Commissioners agreed and there was more discussions about the motion on the table,public input,effects Page 3 of 5 on the downtown area,the responsibility to represent of all of the public by the Commissioners, and the reminder that this is a pilot project. Chairperson Ryan called for a vote. Voice Vote: All Ayes with the exception of Commissioner Kampmann. The motion passed with a majority vote. Motion carried. Mike Faught further explained the comments in the article explaining he said he would be"recommending to the Commission,"not that he was making any sort of decision alone. The Commissioners would like a copy of the Tidings article in the packet, since some members do not get the Tidings. Also,they suggested page numbers be listed on the pages submitted in the packet. Councilor Chapman spoke to the Commission about advocating for the re-alignment of Wimer/Hersey for quite some time. He would be disappointed if the alignment was delayed,but also liked the Commission's discussion about looking into that re-alignment and not being dependent on the North Main Project. E. Parking Prohibition on Central Avenue Mr. Riser,Ashland citizen, suggested the removal of parking spaces on the street due to limited vision driving up and down Central Avenue between Helman and Water Street. Staff's recommendation was that there would be no parking prohibition placed on Central Avenue,however paint a centerline to help keep vehicles in their prospective lanes as pointed out in the memo to the Commission dated June 14, 2011. Councilor Heesacker moved to approve staff recommendations, seconded by Commissioner Kampmann. Chairperson Ryan called for a vote. Voice Vote: All Ayes. The motion passed with a unanimous vote. Motion carries F. Draft Memorial Marker Policy Jim Olson explained to the Commissioners about the proposed policy that was drafted with the help from - Commissioner Thompson, for memorial markers. This was a first draft and staff was looking to the Commission for direction. They discussed how the markers would be tied to safety issues,the sign size, locations,costs, what language would be on the signs, length of posting time, and the qualifying events for the signs. Chairperson Ryan volunteered to communicate back with the family who spoke at the last meeting and brought this issue to the Commission. The Commissioners will submit suggestions in writing and staff will bring back another draft for their consideration. Vl. NON ACTION ITEMS A. TSP Update Mike Faught updated the Commission on the subcommittee's progress in initiating the usage of busses in the city. They researched a contracted service,which was recommended by consultants,and the proposed costs would be approximately between $416,000 and$500,000 for bus service on evenings and weekends. Another idea was to purchase passes for Ashland residents, and they are waiting for an estimated cost from RVTD for that purchase. Under the current program, Route 15 that costs $270,000,would be dropped and these funds would be available possibly to help with the purchase of passes. The subcommittee discussed short term and long term plans, also noting RVTD has some great recommendation on their ten year plan on their website. Chairperson Ryan requested the Commission review the subcommittee findings before a report goes to Page 4 of 5 Council. Chairperson Ryan moved to adjourn. All other Items were set aside. B. Traffic Crash Summary VII. INFORMATIONAL ITEMS A. Action Summary B. TC Budget Balance:$3,677.27 C. City Source Article D. Bike Traffic Law Enforcement E. FIIA Pedestrian Forum F. Velo Bike Advocacy Grant VIII. FUTURE AGENDA TOPICS Budget Process Car Free Day Bike Parking and Bike Rack Design Policy Parking Restrictions on E Nevada St Future Railroad Crossings A Street Shared Road designation Discussion IX. COMMISSIONER COMMENTS X. ADJOURN: Respectfully submitted, Mary McClary, Administrative Assistant Page 5 of 5 CITY OF ASHLAND Council Communication Appointment to Airport Commission Meeting Date: August 16, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christebnashland.or.us Secondary Dept.: Mayor's Office OTk/1 Secondary Contact: Mayor Stromberg Approval: Martha Bennett �V1 Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of Alan DeBoer to the Airport Commission with a term to expire April 30, 2014? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Airport Commission due to the recent resignation of Commission member Larry Graves who has taken a position with the Josephine County airport. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Alan DeBoer to the Airport Commission. Potential Motions: Motion to approve appointment of Alan DeBoer to the Airport Commission with a term to expire April 30, 2011. Attachments: None Page 1 of I ��, CITY OF ASHLAND Council Communication Appointment to Planning Commission Meeting Date: August 16, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(:a]ashland.or.us Secondary Dept.: Mayor's Office pd a k0kSecondary Contact: Mayor Stromberg Approval: Martha Bennett Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of Eric Heesacker with a term to expire April 30, 2013 and Mick Church with a term to expire April 30, 2012 to the Planning Commission? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Planning Commission on applications received and on file. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Eric Heesacker and Mick Church to the Planning Commission. Potential Motions: Motion to approve appointment of Eric Heesacker with a term to expire April 30, 2013 and Mick Church with a term to expire April 30, 2012 to the Planning Commission. Attachments: None Page I of I CITY OF -ASHLAND Council Communication Liquor License Application Meeting Date: August 16, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb a,ashland.or.us Secondary Dept.: None � Secondary Contact: None Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Richard Krebs dba RedZone Sports Bar N Grill at 303 E Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None page I of I �r, CITY OF ASHLAND Council Communication Annual Renewal of Liquor Licenses Meeting Date: August 16, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christebou ashland.or.us Secondary Dept.: None �-Xyr` Secondary Contact: None Approval: Martha Bennett �:��y Estimated Time: Consent Question: Does the Council wish to approve annual renewals on liquor licenses as requested by the Oregon State Liquor Commission? Staff Recommendation: Endorse the renewal applications with the following recommendation: . "The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC now proceed in the matter. " Background: There are approximately 100 applications that will need to be renewed between September and October 2011. Each application will have been reviewed to prove that they meet the city ordinance requirements for business licenses, registered as a restaurant, and filed for city's food and beverage tax, if applicable. Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove annual Liquor License renewal. Potential Motions: Approve or disapprove annual Liquor License renewal. Attachments: License Renewal List Page I of 1 �r, 06/23/2011 Local Government Notification: Renewing Licenses Page 1 of 5 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 143970 7-ELEVEN STORE#2362-18154A CHERRY, RONALD 0 1281 SISKIYOU BLVD,ASHLAND. OR CHERRY, RENATE R 144026 AGAVE OCAT INC F-COM 92 N MAIN ST,ASHLAND, OR 142827 ALBERTSON'S#573 NEW ALBERTSON'S INC 0 2301 ASHLAND ST,ASHLAND,OR 144764 ALEX'S PLAZA RESTAURANT 8 C 8 QT LLC F-COM 35 N MAIN ST,ASHLAND,OR BAR 129075 ALLYSON'S KITCHEN NEIGHBORHOOD GOURMET L 115 E MAIN,ASHLAND,OR PARTNER'S INC 129078 ALLYSON'S KITCHEN NEIGHBORHOOD GOURMET 0 115 E MAIN,ASHLAND, OR PARTNER'S INC 144676 AMUSE RESTAURANT AMUSE RESTAURANT INC L 15 N FIRST ST,ASHLAND, OR 144501 APPLE CELLAR BAKERY APPLE CELLAR COMPANY LLC L 2255 ASHLAND ST.ASHLAND,OR 144108 ASHLAND ARCO ASHLAND FUEL INC ' O 2380 HWY 66,ASHLAND, OR 144195 ASHLAND FOOD COOPERATIVE ASHLAND FOOD COOPERATIVE 0 237 N 1ST ST,ASHLAND,OR 143999 ASHLAND GRILLA BITES ASHLAND GRILLA BITES INC L 47 N MAIN ST,ASHLAND, OR 142988 ASHLAND HILLS SHELL MALLICOAT ENTERPRISES INC •0 2495 ASHLAND ST,ASHLAND,OR 145042 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC 0 212 E MAIN ST,ASHLAND,OR PROPERTY LLC 145059 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC F-COM .212 E MAIN ST,ASHLAND, OR PROPERTY LLC 143142 ASHLAND TEXACO NATIONAL NAFT CORPORATION 0 2371 ASHLAND,ASHLAND, OR 143562 ASHLAND WINE CELLAR RAZZANO,TESS L 0 38 LITHIA ST,ASHLAND,OR RAZZANO, LORN P 143563 ASHLAND WINE CELLAR _ RAZZANO,TESS L L 38 LITHIA ST,ASHLAND,OR RAZZANO, LORN P 144990 BEASY'S ON THE CREEK BEASY BOB INC 0 51 WATER ST#333,ASHLAND, ` OR 145052 BEASY'S ON THE CREEK BEASY BOB INC F-COM 51 WATER ST#333,ASHLAND, OR 148685 BEAU CLUB/GEPPETTO'S DREISZUS,ROBERT L F-COM 347 E MAIN ST,ASHLAND,OR DREISZUS,ANNRAE T SPANK ME BETTY'S DINING LLC 142625 BI-MART#608 BI-MART CORP O 2280 ASHLAND ST,ASHLAND,OR 142226 BLUE MENEDES,GEORGE F-COM 5 GRANITE ST,ASHLAND, OR MENEDES,GLORIA R 143486 BONSAI TERIYAKI II SUTAE CORPORATION L 2305 ASHLAND ST#A,ASHLAND, OR 145593 BOULEVARD COFFEE STRATFORD LLC SP 555 SISKIYOU BLVD,ASHLAND, OR 143062 BROTHER'S RESTAURANT DURANT NEWTON ENTERPRISES F-COM 95 N MAIN,ASHLAND,OR INC 145383 CALDERA BREWING COMPANY CALDERA BREWING CO BP 540 CLOVER LN.ASHLAND,OR 145385 CALDERA TAP HOUSE CALDERA BREWING CO BP 31B WATER ST,ASHLAND, OR 145757 CALDERA TAP HOUSE CALDERA BREWING COMPANY F-COM 31 B WATER ST,ASHLAND,OR 157108 CAMPERS COVE RESORT CAMPERS COVE RESORT LLC 0 7900 HYATT PRAIRIE RD, ASHLAND,OR 06/23/2011 Local Government Notification: Renewing Licenses Page 2 of 5 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 157159 CAMPERS COVE RESORT CAMPERS COVE RESORT LLC F-COM 7900 HYATT PRAIRIE RD, ASHLAND,OR 145020 CHATEAULIN PADJA INC O 50 8 52 Ei MAIN ST,ASHLAND,OR 145021 CHATEAULIN PADJA INC F-COM 50 8 52 E MAIN ST,ASHLAND,OR 143042 CHEVRON FOOD MART COLVIN OIL COMPANY INC O 2500 ASHLAND ST,ASHLAND, OR 144222 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN O 832 A ST,ASHLAND,OR LLC 144264 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN L 832 A ST,ASHLAND,OR LLC 143934 CHUN'S PALACE CHUN'S PALACE INC L 310 OAK ST,ASHLAND,OR 148259 COQUINA COQUINA LLC O 542 A ST,ASHLAND, OR 148260 COQUINA COQUINA LLC F-COM 542 A ST,ASHLAND, OR 143153 CREEKSIDE PIZZA BISTRO P D H INC F-COM 92 1/2 N MAIN ST,ASHLAND,OR 144298 CUCINA BIAZZI HEART FRIENDLY INC F-COM 568 E MAIN ST,ASHLAND,OR 148550 DELIVER DE CUISINE DELIVER DE CUISINE LLC O 302 E HERSEY ST#14,ASHLAND, OR -145620 DOUBLE DEUCE GAMING 8 DELI WATSON, DANA L 1642 ASHLAND ST,ASHLAND, OR WATSON,-GARY T GAMACHE. DAVE H GAMACHE,MICHELLE A 145405 DRAGONFLY GROOVEWORKS LLC F-COM 241 HARGADINE ST,ASHLAND, OR 152998 EL PARAISO MEXICAN CUISINE NUNEZ, JESUS F-COM 545 CLOVER LN,ASHLAND.OR NUNEZ, RUTILA 143826 ELKS LODGE#944 ASHLAND ELKS LODGE#944,ASHLAND F-CLU 255 E MAIN ST,ASHLAND,OR 142312 FRENCH KISS FRENCH KISS LLC 0 60 E MAIN ST,ASHLAND.OR 152997 FRENCH KISS FRENCH KISS LLC L 60 E MAIN ST,ASHLAND, OR 142598 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO L 49 N MAIN ST,ASHLAND, OR 142996 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO O 49 N MAIN ST,ASHLAND, OR 145444 HANA SUSHI HANA SUSHI LLC L 29 N MAIN ST,ASHLAND,OR 143461 HOUSE OF THAI CUISINE HOUSE OF THAI CUISINE INC L 1667 SISKIYOU BLVD,ASHLAND, OR 157111 HYATT LAKE RESORT CAMPERS COVE RESORT LLC O 7979 HYATT PRAIRIE RD, ASHLAND, OR, 157158 HYATT LAKE RESORT CAMPERS COVE RESORT LLC L 7979 HYATT PRAIRIE RD, ASHLAND, OR 144378 KOBE RESTAURANT HARTO INC F-COM 96 N MAIN ST,ASHLAND, OR 144634 LA CASA DEL PUEBLO DE LA CRUZ FAMILY MEXICAN F-COM 1209 SISKIYOU BLVD,ASHLAND, RESTAURANTSINC OR 146835 LEE'S CUISINE YI, KWANG S L 2345 ASHLAND ST,ASHLAND,OR MOLDER, SUK CHA 143856 LELA'S CAFE LELA'S CAFE LLC F-COM 258 A ST #3,ASHLAND, OR 143867 LELA'S CAFE LELA'S CAFE LLC O 258 A ST #3,ASHLAND, OR 143719 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC O 96 N MAIN#201,ASHLAND,OR 143736 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC F-COM 96 N MAIN#201,ASHLAND,OR 06/23/2011 Local Government Notification: Renewing Licenses Page 3 of 5 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 144007 LOFT AMERICAN BRASSERIE & GLINKMAN,VALERIE F-COM 18 CALLE GUANAJUATO, BAR ASHLAND, OR VIDALO SINGH LLC 144045 LOUIE'S BAR& GRILL LOUIE'S BAR 8 GRILL LLC F-COM 41 N MAIN ST,ASHLAND, OR 143380 MARKET OF CHOICE#11 MARKET OF CHOICE INC 0 1475 SISKIYOU BLVD,ASHLAND, OR 143571 MARTINO'S MACARONI INC F-COM 58 E MAIN ST,ASHLAND, OR 145281 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC L 38 E MAIN ST,ASHLAND,OR 145282 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC 0 38 E MAIN ST,ASHLAND,OR 143789 MCCALL HOUSE MCCALL MCLAUGHLIN LLC L 153 OAK ST.ASHLAND, OR 143838 MIHAMA TERIYAKI GRILL MIHAMA INC L 1253 SISKIYOU BLVD,ASHLAND, OR 143528 MINUTE MARKET#5 K& H ENTERPRISES INC O 304 N MAIN ST,ASHLAND,OR 143527 MINUTE MARKET#6 K 8 H ENTERPRISES INC 0 1690 SISKIYOU BLVD,ASHLAND, OR 153890 MONGO GRILL MONGO GRILL LLC L 1662 SISKIYOU BLVD,ASHLAND, OR 142716 MORNING GLORY GROTH, PATRICIA A F-COM 1149 SISKIYOU BLVD,ASHLAND, OR 145708 MUNCHIES RESTAURANT SMART COOKIES INC L 59 N MAIN ST,ASHLAND,OR 143143 NEW GOLDEN DYNASTY NEW GOLDEN DYNASTY INC L 1415 SISKIYOU BLVD,ASHLAND. RESTAURANT OR 144116 NOBLE CAFE& ROASTERY NOBLE COFFEE ROASTING LLC L 281 4TH ST,ASHLAND, OR 144855 NORTHWEST PIZZA& PASTA CO AK 8 R LLC L 1585 SISKIYOU BLVD,ASHLAND, OR 143955 O'RYAN'S IRISH PUB KOOSA GROUP LLC F-COM 137 E MAIN ST,ASHLAND,OR 144470 OAK KNOLL GOLF CLUB CITY OF ASHLAND L 3070 HWY 66.ASHLAND, OR 143888 OAK TREE NORTHWEST ASHCO INC F-COM 2510 HWY 66,ASHLAND, OR 143567 OMAR'S OMAR'S INC F-COM 1380 SISKIYOU,ASHLAND,OR 146544 OREGON CABARET THEATRE OREGON CABARET THEATRE INC L 241 HARGADINE ST,ASHLAND, OR 145404 OREGON SHAKESPEAR FESTIVAL OREGON SHAKESPEAR FEST L 15 S PIONEER,ASHLAND, OR ASSN 148684 PADDY BRANNAN'S IRISH PUB PADDY BRANNAN'S LLC F-COM 23 S 2ND ST,ASHLAND, OR 144025 PANDA GARDEN HUANG,TOM F-COM 1757 HVVY 66,ASHLAND,OR HUANG, FENG 142851 PANGEA&SPLENDID FARE PANGEA GRILLS&WRAPS INC L 272 E MAIN ST,ASHLAND,OR CATERING 144221 PASTA PIATTI PASTA PIATTI INC 0 358 E MAIN ST,ASHLAND,OR 144779 PASTA PIATTI PASTA PIATTI INC L 358 E MAIN ST,ASHLAND,OR 144293 PEERLESS RESTAURANT PEERLESS GARDEN GRILLE& O 265 4TH ST,ASHLAND,OR BISTRO 144317 PEERLESS RESTAURANT. PEERLESS GARDEN GRILLE& F-COM 265 4TH ST,ASHLAND,OR BISTRO 144066 PLAZA INN&SUITES AT PLAZA HOSPITALITY LLC 0 98 CENTRAL AVE,ASHLAND,OR ASHLAND CREEK 144124 PLAZA INN&SUITES AT PLAZA HOSPITALITY LLC L 98 CENTRAL AVE,ASHLAND,OR ASHLAND CREEK 06/23/2011 Local Government Notification: Renewing Licenses Page 4 of 5 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 145322 RED HIBISCUS RED HIBISCUS CORPORATION L 11 N FIRST ST,ASHLAND,OR 143189 RITE AID#5385 THRIFTY PAYLESS INC O 2341 ASHLAND ST,ASHLAND,OR 143451 SAFEWAY STORE#4292 SAFEWAY INC 0 585 SISKIYOU BLVD,ASHLAND, OR 143997 SENOR SAM'S SENOR SAM'S OF ASHLAND INC L 1634 ASHLAND ST,ASHLAND, OR 144237 SESAME ASIAN KITCHEN BEAM CONSULTING&VENTURES F-COM 21 WINBURN WAY,ASHLAND, OR LLC 142899 SHOP N KART WAREHOUSE S AND J REED INC O, 2268 ASHLAND ST,ASHLAND,OR FOODS 153482 SISKIYOU SHELL KHOSROABADI, KEN 0 1515 SISKIYOU,ASHLAND, OR POORKHOMAMI, BAHMAN 148909 SMITHFIELDS RESTAURANT& BERKSHIRE ENTERPRISES LLC F-COM 36 S 2ND ST,ASHLAND,OR BAR 142884 SOUTHERN OREGON SOUTHERN OREGON UNIVERSITY L 1250 SISKIYOU BLVD,ASHLAND, UNIVERSITY OR 143771 STANDING STONE BREWING CO STANDING STONE BREWING CO F-COM 101 OAK ST,ASHLAND,OR 143912 STANDING STONE BREWING CO STANDING STONE BREWING CO BP 101 OAK ST,ASHLAND, OR 142903 STOP N SHOP MARKET SELENA ASSOCIATES INC 0 110 LITHIA WAY,ASHLAND, OR 143431 TS MERMAN&JEWELS 0 303 E MAIN ST,ASHLAND,OR ENTERPRISES LLC 143432 TS MERMAN&JEWELS F-COM 303 E MAIN ST,ASHLAND,OR ENTERPRISES LLC 144278 TABU TB3 LLC F-COM 76 N PIONEER,ASHLAND,OR 145130 TAJ INDIAN CUISINE TAJ INDIAN CUISINE LLC 0 31 WATER ST,ASHLAND,OR 145132 TAJ INDIAN CUISINE TAJ INDIAN CUISINE LLC L 31 WATER ST.ASHLAND,OR 153615 TAROKO TAROKO LLC F-COM 62 E MAIN ST,ASHLAND,OR 144433 THAI PEPPER PEPPER INC F-COM 84 N MAIN ST,ASHLAND,OR 143803 THE BLACK SHEEP PUB & BLACK SHEEP ENTERPRISES INC F-COM 51 N MAIN ST,ASHLAND, OR RESTAURANT 143724 THE GREAT AMERICAN PIZZA CO THEY INC L 1448 ASHLAND ST,ASHLAND,OR 143555 THE PINEHURST INN ROWLETT,DENISE O 17250 HWY 66,ASHLAND.OR ROWLETT, DONALD E 143572 THE PINEHURST INN ROWLETT, DONALD E F-COM 17250 HWY 66,ASHLAND, OR ROWLETT, DENISE R 144201 THE WINCHESTER INN MPM INVESTMENTS 0 35 S SECOND ST,ASHLAND,OR 144480 - THE WINCHESTER INN MPM INVESTMENTS F-COM 35 S SECOND ST,ASHLAND,OR 144525 THREE RIVERS CUISINE OF INDIA BASRA, HARDIP L 1640 ASHLAND ST,ASHLAND, OR 142345 VINYL CLUB BOHN,JOHN T F-COM 130 WILL DODGE WY,ASHLAND, OR DEL ROSARIO, LORI R 142858 WATER'STREET CAFE RUFF HILL LLC L 40 N MAIN,ASHLAND, OR 143534 WILD GOOSE CAFE&BAR JOLLY DOG TAG INC F-COM 2365 HWY 66,ASHLAND.OR 144668 WILEY'S WORLD PASTA SHOPPE GRETCHEN'S ORGANIC PASTA INC L 1606 ASHLAND ST,ASHLAND,OR &EATERY 143688 YUAN YUAN RESTAURANT GAN, DANIEL L 2270 ASHLAND ST,ASHLAND,OR 06/23/2011 Local Government Notification: Renewing Licenses Page 5 of 5 Dist. License License # Tradename Participant Premises Address Local Government: ASHLAND 4 143588 YUAN YUAN RESTAURANT HUANG,JIEXIA L 2270 ASHLAND ST,ASHLAND.OR CITY OF -ASHLAND Council Communication Approval of Ashland Police Officers Association Contract Re-Opener on Wages and Voluntary Employees' Beneficiary Association Health Reimbursement Arrangement (HRA-VEBA) Contributions Meeting Date: August 17, 2011 Primary Staff Contact: Terry Holderness Department: Police E-Mail: holdernet @ashland.or.us Secondary Dept.: Finance ,g�(? Secondary Contact: Lee Tuneberg Approval: Martha Bennett r Estimated Time: Consent Question: Does the Council wish to approve the tentative agreement for a labor contract re-opener that staff has reached with the Ashland Police Officers Association? Staff Recommendation: Staff is recommending that the City Council approve the agreement reached between the City and the Ashland Police Officers Association. The agreement calls for the City to Increase base salary for all represented employees by 3%. In addition, the Department will create a new Job Classification of Senior Police Officer. All officers with 10 years service or more with the Ashland Police Department will be reclassified as Senior Police Officer to recognize and promote long-term stability in the Police Department, Senior Police Officers will receive and additional 1% increase in their base salary. Additionally, the agreement reached calls for an increase in the City's contribution to employee HRA- VEBA accounts from I%to 2% of salary which is in alignment with other bargaining groups of the City. HRA-VEBA is a tax-saving way for the City to provide a significant benefit to employees that they can use tax-free to cover out-of-pocket medical expenses now or into the future. Background: The City is in the third and final year of our labor agreement with the Ashland Police Officers Association. Employees in this bargaining unit have not received any wage increases during this contract period, and they have agreed to health benefit changes which reduced the City's overall benefit costs for the upcoming Fiscal Year. Our contract calls for a re-opener restricted to wages and HRA-VEBA contributions July 2011. and the Association engaged the City in negotiations per contract requirements. Staff was able to reach a tentative agreement with the Ashland Police Officers Association on a re- opener which calls for the City to increase base salary for all represented employees by 3%. In addition the Department will create the job classification of Senior Police Officer. All officers with at least 10 years service with the Ashland Police Department will be recognized as Senior Police Officers. A Senior Police Officer will receive and additional 1% increase in their base salary to reflect their experience and longevity with the department. The agreement also increases the City's contribution to the voluntary employees' beneficiary association Health Reimbursement Arrangement (HRA-VEBA) from I% to 2% of salary for each member of the bargaining unit. Page 1 of 2 II CITY OF ASHLAND The City is in the 3`d and final year with both public safety bargaining units, and based on contract language, they were granted an additional percent of salary as a HRA-VEBA contribution, and a 3% increase in wages which was included in the FY 12 budget. Fiscal Impact: Implementation of the Agreement as proposed would have a total FY impact of$73,200. The City did budget for salary increases of$49,700 and HRA-VEBA cost of$18,000 but not the Senior Officer position cost of$5,500. The Police Department will absorb those personal service expenses into the adopted budget for the fiscal year using salary savings from unfilled positions. Other Council Policy: None. Council Options: • The City Council could approve the contract Re-opener on Wages and HRA-VEBA contributions as presented and direct staff to implement. • The City Council could direct staff to return to the bargaining table with a different negotiation strategy. Potential Motions: • Move to approve the agreement reached between the City and the Ashland Police Officers Association. • Move to direct staff to re-open bargaining with a different strategy. Attachments: • Ashland Police Officers Association contract • Proposed Salary Schedule. Page 2 of 2 all AGREEMENT CITY OF.ASHLAND And ASHLAND POLICE ASSOCIATION July 1, 2009 — June 30, 2012 TABLE OF CONTENTS PREAMBLE........................................................................................................................................ 5 SCOPE OF AGREEMENT................................................................................................................ 6 ARTICLE I - RECOGNITION........................................................................................................... 7 ARTICLE If -ASSOCIATION SECURITY..................................................................................... 8 2.1 Check off.................................................................................................................... 8 2.2 Fair Share.................................................................................................................... 8 2.3 Religious Object ion.................................................................................................... 8 2.4 Hold Harmless..........................................................................................................:. 8 2.5 New Hires................................................................................................................... 8 2.6 Bulletin Boards........................................................................................................... 8 2.7 Association Representatives....................................................................................... 9 2.8 Solicitation.................................................................................................................. 9 2.9 Visits by Association Representatives....................................................................... 9 2.10 E-Mail Usage.............................................................................................................. 9 2.11 Discipline Not ices........................................................................... 9 ARTICLE III - MANAGEMENT RIGHTS..................................................................................... 10 ARTICLE IV -STRIKE PROHIBITION ........................................................................................ 11 ARTICLEV -HOLIDAYS.............................................................................................................. 12 5.1 Recognized Holidays................................................................................................ 12 5.2 Holiday Compensation............................................................................................. 12 5.3 Holiday Work........................................................................................................... 12 5.4 Holiday Compensation Time................................................................................... 12 ARTICLEVI -VACATIONS.......................................................................................................... 13 6.1 Eligibility.................................................................................................................. 13 6.2 Continuous Service................................................................................................... 13 6.3 Accrual Limitations.................................................................................................. 13 6.4 Scheduling................................................................................................................ 14 (A) Bid...................................................................................................................... 14 (B)Other Requested Time Off................................................................................. 14 6.5 Payment on Termination.......................................................................................... 14 ARTICLE VII - HOURS OF WORK................................................................................................ 15 7.1 Work Hours.............................................................................................................. 15 7.2 Workday................................................................................................................... 15 7.3 Workweek................................................................................................................. 15 7.4 Work Schedule......................................................................................................... 15 7.5 Shift Rot ation............................................................................................................ 16 7.6 Rest Periods............................................................................................................... 16 City of Ashland/ 2 , Ashland Police Association CBA 2009-20xx 7.7 Meal Period............................................................................................................... 16 7.8 Overtime.... ............................................................................................................ 16 7.9 Call-back Time......................................................................................................... 17 7.10 Compensatory Time. ................................................................................................ 17 7.11 Shift Trades............................................................................................................... 18 ARTICLE VIII - SICK LEAVE ....................................................................................................... 19 8.1 Accumul ation......:..................................................................................................... 19 8.2 Utilization for Illness or Injury................................................................................. 19 8.3 Integration with Workers' Compensation................................................................. 19 8.4 Sick Leave Without Pay.......................................:.................................................... 20 8.5 Termination............................................................................................................... 20 ARTICLE IX-OTHER LEAVES OF ABSENCE........................................................................... 21 9.1 Criteria and Procedure............................................................................................... 21 9.2 Jury Duty................................................................................................................... 21 9.3 Appearances............................................................................................................... 21 9.4 Required Court Appearances..................................................................................... 21 9.5 Election Day.............................................................................................................. 21 9.6 Association Business................................................................................................. 21 9.7 Educational Leave...................................................................................................... 21 9.8 Military Leave .......................................................................................................... 22 9.9 FMLA and OFLA Leave........................................................................................... 22 9.10 Compassionate Leave................................................................................................ 22 9.11 Failure to Return from Leave...................................................................................... 22 ARTICLE X -COMPENSATION.................................................................................................... 23 10.1 Pay Schedule........................... ................................................................................23 10.2 Pay Periods................................................................................................................ 23 10.3 Overtime Compensat ion............................................................................................ 23 10.4 Standby Pay............................................................................................................... 23 10.5 DPSST Certification ..................................................................................................23 10.6 Special Assignment Pay.............................................................................................23 10.7 Wage Reopener .............................................................................. 26 10.8 HRANEBA Reopener .................................................................... 26 ARTICLE XI -DISCIPLINE............................................................................................................. 27 ARTICLE XII - SETTLEMENT OF DISPUTES............................................................................. 30 12.1 Grievance and Arbitration Procedure Step I 28 Step II 28 Step 111 28 Step N 28 ARTICLE XIII - SENIORITY........................................................................................................... 30 City of Ashland/ 3 Ashland Police Association CBA 2009-20xx 13.1 Definition of Seniority............................................................................................... 30 13.2 Layoff and Recall........................ ....................................................................... 30 13.3 Suspension of Seniority............................................................................................. 30 13.4 Termination of Seniority........................................................................................... 30 13.5 Probationary Period................................................................................................... 31 13.6 Notice of Recall from Lay-off Status........................................................................ 31 ARTICLE XIV -PROMOTIONS..................................................................................................... 33 14.1 Testing........................................................................................................................33 14.2 Promotional Probationary Period.............................................................................. 34 ARTICLE XV - GENERAL PROVISIONS..................................................................................... 33 15.1 No Discrimination..................................................................................................... 33 15.2 Professional Standards-and-Safety Committee..........................................................33 15.3 Rules.......................................................................................................................... 33 15.4 Other Employment.................................................................................................... 33 15.5 Uniforms,Protective Clothing and Devices.............................................................. 34 15.6 Educational Allowance.............................................................................................. 34 15.7 Position Description.................................................................................................. 34 15.8 Personnel File............................................................................................................ 34 (A) Inspection............................................................................................................ 34 (B)Employee Signature............................................................................................ 34 15.9 Training...................................................................................................................... 35 15.10 Travel Time for Training and Other Off-Site Activities........................................... 35 15.11 Fitness for Duty......................................................................................................... 35 ARTICLE XVI -HEALTH, WELFARE& RETIREMENT........................................................... 36 16.1 Health and Wel fare.................................................................................................... 36 16.2 Retirement.................................................................................................................. 37 16.3 Deferred Compensation............................................................................................. 37 ARTICLE XV II—WORKERS' COMPENSATION....................................................................... 38 ARTICLE XVIII -LIABILITY INSURANCE................................................................................. 39 ARTICLE XIX -SAVINGS CLAUSE AND FUND.......i............................................................... 40 19.1 Savings Clause........................................................................................................... 40 19.2 Funding...................................................................................................................... 40 ARTICLE XX -TERMINATION AND REOPENING................................................................... 41 APPENDIX "A"- CLASSIFICATIONS WITHIN BARGAINING UNIT..................................... 42 APPENDIX "B"- WAGE SCHEDULE........................................................................................... 43 APPENDIX "C"- DETECTIVE ASSIGNMENT AND COMPENSATI ON................................. 44 City of Ashland/ 4 Ashland Policc Association CBA 2009-20xx AGREEMENT Between THE CITY OF ASHLAND And ASHLAND POLICE ASSOCIATION PREAMBLE This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the"City." and the Ashland Police Association, hereinafter called the "Association'. Unless indicated otherwise, reference to the "City" herein shall include the Mayor and City Council or their designee(s) as the officials directly responsible for the operation of the department covered by this Agreement. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters pertaining to rates of pay, hours of work and other conditions of employment. c City of Ashland/ 5 Ashland Police Association CBA 2009-20xx SCOPE OF AGREEMENT This Agreement shall apply to all employees of the Police Department, Ashland,Oregon as set forth in "Appendix A," but excluding members of the Ashland Police Reserves, irregular part-time employees, seasonal and temporary employees, supervisors and other classifications as set forth in Appendix A. Where the term "employee" is used, it shall mean regular full or part-time employees or probationary employees within the bargaining unit, as defined in Article XIII and Appendix A. The parties agree as follows: City of Ashland/ 6 Ashland Police Association CUA 2009-20xx ARTICLE I - RECOGNITION 1.1 The City recognizes the Association as the sole and exclusive bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions of employment for all employees within the bargaining unit described immediately above. 1.2 When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Association shall be notified and the pay rate established by the City shall be considered tentative until the Association has been afforded the opportunity to meet and confer on the matter. If the Association does not agree that the classification or pay rate is proper, the Association may pursue its bargaining rights in accordance with PECBA. ARTICLE II -ASSOCIATION SECURITY 2.1 Checkoff. Any employee who is a member of the Association or who has applied for membership shall sign and deliver to the Association, who shall forward to the City, an original assignment authorizing deductions of membership dues in the Association. Such authorization shall continue in effect from year to year unless revoked or changed in writing. Pursuant to each authorization the City shall deduct such dues from the first salary check of said employee each month. The amounts deducted shall be remitted to the Association by the fifteenth (15th) of the succeeding month to the official designated by the Association in writing to receive such deduction. 2.2 Fair Share. Employees who are not members of the Association shall make payment in lieu of dues to the Association. Such payment shall be the same amounts as provided for regular Association dues, initiation fees and assessments. The section shall be referred to as the "Fair Share" Agreement and the City shall deduct from the first salary check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Association by the fifteenth(15th)of the succeeding month. 2.3 Relitrious Objection. Any employee having bona fide religious tenets or teachings which prohibit association with a labor organization or the payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Association dues, initiation fees and assessments to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Association. The City shall deduct from the first salary check of each such employee, each month the payments to such charitable organization and shall remit the same to the charitable organization by the fifteenth (15th) of the succeeding month. The employee shall supply proof to the Association, each month that has been done. 2.4 Hold Harmless. The Association agrees to hold the City harmless against any and all claims, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. Upon written notification by the Association of a check-off error, the City will make adjustments within thirty (30) days of receipt of such notification. 2.5 New Hires. The City will notify the Association of all new bites in the unit within two (2) weeks after their having been employed, furnishing the Association with the new employee's name, City of Ashland/ 7 Ashland Police Association CBA 2009-20xx social security number, mailing address and position for which he/she has hired. 2.6 Bulletin Boards. The City agrees to allow suitable wall space in the Police Station, not to exceed 3'x 3' for bulletin boards to be used by the Association for the posting of notices and bulletins relating to the Association. The Association shall limit its posting of Association notices and bulletins to such bulletin board, which shall be used only for the following Association notices and bulletins: A. Recreation and social affairs of the Association B. Association meetings C. Association elections D. Reports of Association committees E. Rulings or policies of the International Association F. Communications from the Association to the bargaining unit G. Current events regarding Association activity 2.7 Association Representatives. Employees selected by the Association to act as representatives shall be certified in writing to the City by the Association. Duties required by the Association representatives, except attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Article XII, shall not interfere with their or other employees' regular work assignments as employees of the City. Contacts between Association representatives and employees or the Association may be made during working hours so long as the contact does not disrupt regular Department-operations. A maximum of two (2) employees shall be permitted to attend negotiation and mediation sessions during regular working hours without loss of pay. Additional team members, as well as employees who participate in negotiations or mediation during off duty hours, will not be paid for such attendance. 2.8 Solicitation. The Association agrees that its members will not solicit membership in the Association or otherwise carry on Association activities during working hours, except as specifically provided in this Agreement. 2.9 Visits by Association Representatives. The City agrees that accredited representatives of the Association, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the administration of this Agreement, if they first obtain permission to do so from the Police Chief or his/her designated representative. In no case will such access be unreasonably denied. 2.10 E-Mail Usaae. The Association and Association representatives shall be allowed to use City e-mail to communicate with Association members for the purposes set forth in Section 2.6 above. Employee use of a-mails and internet access is governed by the City's Electronic Media and Services Use Policy, as it currently exists or is subsequently modified. 2.11 Disciplinary Notices. The city will provide the Association President or representative if the Association President is not available,copies of all disciplinary notices within 24 hours of the issuance of such notice to an employee within the bargaining unit. This notice shall be in writing City or Ashland/ 8 Ashland Police Association CBA 2009-20xx and be delivered in person unless both the Association President and the Management representative handling the discipline mutually agree upon another form of service. As long as good faith efforts are made to satisfy the notice requirements of this section unintentional failure to comply will not invalidate the discipline or discharge. City ol'Ashland/ 9 Ashland Police Association CBA 2009-2ks ARTICLE III - MANAGEMENT RIGHTS 3.1 The City shall retain the exclusive right to exercise the customary functions of management including, but not limited to, directing the activities of the Department; determining the levels of service and methods of operation including contracting and subcontracting, and the introduction of new equipment; the right to hire, lay-off, transfer, and promote; to discipline or discharge for cause as defined in Article Xl; to determine the content, duties and responsibilities of job classifications; to make, revise and discontinue rules, consistent with the terms of this Agreement; to determine work schedules and assign work; and any other such rights not specifically referred to in this Agreement. The failure by the City to exercise its rights under this Article or to exercise its rights under this Article in a particular way shall not be taken as a waiver of such rights. ARTICLE IV- STRIKE PROHIBITION 4.1 The Association and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any authorized strike, work stoppage,or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, when acting in the course of their employment, shall not honor any picket line established in the City by the Association or by any other labor organization when called upon to cross a picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City. 4.2 In the event of an unauthorized strike,work stoppage, slowdown,picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual•choice or collective employee conduct, the Association will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. 4.3 The City agrees that there will be no lockout of employees of the bargaining unit as a consequence of any dispute with the Association arising during the term of this Agreement. ARTICLE V- HOLIDAYS 5.1 Reco¢nized Holidays. The following shall be recognized as Holidays: New Years Day (January 1) Martin Luther King's Birthday (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1 st Monday in September) Veterans Day (November 1 l) Thanksgiving Day (4th Thursday in November) City or Ashland/ 10 . Ashland Police Association CBA 2009-20xx Day after Thanksgiving Christmas Day (December 25) Employee's Birthday Employee's Anniversary Date of Hire If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.2 Holiday Compensation. Each regular full-time employee shall receive eight (8) hours compensation for each of the holidays listed above on which he/she performs no work, irrespective of the length of the employee's assigned/scheduled workday. This compensation shall be paid on the first payday of December of each year. Regular part-time employees shall receive pro-rated holiday pay. 5.3 Holiday Work. If any regular employee is required to work on any of the holidays listed above, he/she shall be compensated at his/her regular straight time rate for all hours worked, in addition to eight (8) hours compensation at his/her regular straight time rate of pay for the holiday, which shall be paid on the first payday of December of each year. 5.4 Holiday Compensation Time. On December 1 each year, an employee may elect to take up to twelve (12) days (96 hours) in lieu of holiday pay as compensatory time off, provided that not more than a total of twelve (12) such days may be elected during the twelve(12)month period from December 1 to December 1 of each year. Said compensatory days shall be scheduled mutually by the employee and the Police Chief. Employees are encouraged to provide as much notice of the requests for holiday compensatory time off as possible. Holiday compensation time off shall be scheduled in any amount of blocks of 15 minute increments, so long as no other employee is subjected to overtime to cover the employee's absence. An employee's holiday compensation time off request shall not be unreasonably denied. ARTICLE VI - VACATIONS 6.1 Eli¢ibility. An employee shall be eligible to take accrued vacation leave with pay after one (1) full year of service with the City. Regular full-time employees shall accrue vacation leave on a monthly basis in accordance with the following schedule: A. Employees with less than four(4) full years of continuous service shall accrue eight hours of vacation credit for each calendar month of service (12 working days maximum). B. Employees with more than four(4), but less than nine (9) full years of continuous service, shall accrue ten and two third (10.67) hours of vacation credit for each calendar month of service(16 working days maximum). C. Employees with more than nine (9), but less than fourteen (14) full years of continuous service, shall accrue twelve and two third (12.67) hours of vacation credit for each calendar month of service(19 working days maximum). City of Ashland/ I 1 Ashland Police Association CBA 2009.20xx D. Employees with more than fourteen (14), but less than nineteen (19) full years of continuous service, shall accrue fourteen and two-thirds (14.67) hours of vacation credit for each calendar month of service(22 working days maximum). E. Employees with more than nineteen (19) full years of continuous service shall accrue sixteen (16) hours of vacation credit for each calendar month of service (24 working days maximum). Regular part-time employees covered by the Agreement shall receive prorated vacation benefits in accordance with the above schedule. 6.2 Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit,shall continue unless one of the events listed in Article 13.4 occurs. 6.3 Accrual Limitations. Vacation leave taken shall not be in excess of the amount actually accrued at the time it is taken. An employee may accumulate up to two years of vacation at the applicable accrual rate for their length of continuous service. The City shall notify an employee thirty (30) days in advance of pending loss of accrued vacation time. The City will post every employee's maximum accrual limitations on the Department bulletin board and will periodically update accrual postings. An employee who is about to lose vacation credit because of accrual limitations, may notify his/her immediate supervisor fifteen (15) days in advance of his/her need to be absent to prevent such loss. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. If an employee does not take his/her accrued vacation time after being notified by the City, such vacation credit shall be deemed forfeited, unless failure to take vacation is caused by the City's insistence that the employee.be at work. In the event that the City insists that the employee be at work, the employee will be allowed to accumulate vacation leave in excess of the maximum or be paid for such leave, at the City's discretion. 6.4 Scheduling. Vacation time off may be taken in as little as 15 minute increments. A. Bid Employees shall be permitted to request vacation on the basis of classification seniority annually. All days of the year shall be available for the annual seniority bid. The vacation schedule shall be posted as of December I` and will be closed as of January Is'. Subsequent changes to the bid may be made only by mutual consent of the parties. Employees may submit a request for three blocks of time off during each annual bid. Based upon classification seniority and subject to reasonable operation needs of the Department, employees shall be awarded three bids. Each employee will be allowed to exercise their first bid choice before any employee is granted a second bid choice. Each employee will then be allowed to exercise their third bid choice after the completion of the second bid choice. Junior members of the bargaining unit may not be awarded three bids, if they are outbid by more senior members. City of Ashland/ 12 Ashland Police Association CBA 2009.20xx B. Other Requested Time Off After the annual bid has concluded, employees may request additional time off on a first come first serve basis. Such requests shall not be denied because of supervisory time off, unless such supervisory time off was approved and posted prior to an employee's submission of a written request for time off. Vacation time shall be granted if no overtime is incurred, consistent with operational needs. Nothing in this subsection prohibits the.City from allowing a vacation request even if the request requires the payment of overtime. 6.5 Payment on Termination. In the event of death, termination or other severance of employment of an employee during the initial twelve (12) months of his/her employment, no vacation is considered earned and no payment in lieu of vacation shall be made. In the event of death, termination or other severance of employment after an employee has served for twelve (12) continuous months, and is otherwise eligible for vacation credits,-the employee shall be entitled to payment for accrued vacation leave at the wage rate applicable on the date of severance of employment In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE VII - HOURS OF WORK This article is intended to be construed only as a basis for recognizing overtime, and shall not be construed as a guarantee of hours of work per day or per week. Any flex-time arrangements must be by written mutual agreement between the City and the Association. 7.1 Work Hours. The regular hours of a regular full-time employee shall be five (5) consecutive eight (8) hour days followed by two (2) consecutive days off or four(4) ten (10) hour days followed by three (3) consecutive days off, or a twelve (12) hours shift as mutually agreed upon by the Association and as determined by the City consistent with operational needs. 7.2 Workday. The workday shall consist of an eight (8) or ten (10) hour or twelve (12) hours within a twenty-four (24) hour period, including rest periods (i.e. the 24 hour period will begin at the start of the employee's work day and end 24 hours later). This section shall not apply to scheduled training days, so long as the employee has eight (8) hours off work between the end of the training session and beginning of his/her normally scheduled shift. If less than eight (8) hours is allowed, overtime shall apply for all hours worked on the employee's normally scheduled shift with less than eight (8) hours off work. If, for any reason training is canceled the City may return the affected employees to their regular work schedules without incurring overtime. 7.3 Workweek. The workweek shall consist of a seven (7) day work schedule with five (5) consecutive eight (8) hour days, followed by two (2) consecutive days off or four (4) consecutive ten (10) hour days, followed by three (3) consecutive days off or a 12 hour work schedule agreed . upon by both the City and the association. If the employees are scheduled to work a twelve hour schedule they will receive over time pay for any time worked over eighty hours in a two week pay period (14 day pay period). An employee may, upon approval of his/her supervisor, work a scheduled day off in exchange for another day off during their regular workweek. However, the following conditions must be met to City orAshlaadi 13 Ashland Police Association CBA 2009-20xx allow for a modification in the employee's scheduled workweek: A. The modification cannot cause the City to incur overtime obligations. Employees requesting such modifications waive their right to receive overtime under Section 7.4 for working outside their regular work schedule for the period of the modification. Additionally, the request will be denied if the modification would cause the City to incur overtime obligations to another employee. B. Any requests for a change in an employee's workweek must be submitted in writing to his/her immediate supervisor for approval at least seven (7) days (168 hours) in advance of the first affected shift. C. Denial of an employee's request for a modification in the employee's regularly scheduled workweek shall not be grievable. 7.4 Work Schedule. All employees shall be scheduled to work on a regular shifts and each shift shall have regular starting and ending times. Work schedules showing the employee's shift, workdays and hours shall be posted (30) days prior to their effective date, except for emergency situations and for the duration of the emergency, and except for scheduled training for which ten (10) days' notice is required. Employees will normally be given seven (7) calendar days advance notice of any change in their work schedule, which is required by the City. Employees whose work schedules are changed by the City without seven (7) calendar days advance notice will be paid at overtime rates for time worked outside their regular work schedule, except under the following circumstances: A. When the scheduling changes are made in response to an emergency (Act of God, natural disaster, civil unrest,or governmental declaration of emergency) and only for the duration of the emergency; B. When scheduling changes are made to accommodate non-mandatory training, for the employee requesting and attending the training only, C. Upon mutual agreement between the City and the employee. 7.5 Shift Rotation. Employees shall rotate work-shifts by bidding for 3-month work cycles each calendar year. Bidding shall be conducted annually, commencing on November l a' and ending on December I". Employees will be awarded shifts within the classification they are assigned, based on classification seniority. Prior to or during the bidding process, no shift with days off can be reserved for probationary or new hires. Prior to or during the bidding process, notation must be made to leave a specified number of shifts with days off vacant for probationary or new hires. In the evert an employee leaves the City's employment with eight(8)or more weeks remaining in a shift rotation, the Association may elect the right to re-bid shift rotations for the remainder of that three (3) month work cycle. All re-bidding must be completed by the Executive Board during regular working hours and must be confirmed by the Association in writing, within one week of the date the employee leaves the City's employment. Cry of Ashland) 14 Ashland Police Association CBA 2009-20xx All employees who exercise re-bidding rights waive the right to seven (7) days advance notice of shift changes under Article 7.4. Re-bids shall not count as one of the two (2) different shifts required each year. Notwithstanding the above, employees who are assigned to light-duty position to recover from on or off-the-job injuries or illnesses may be assigned to shifts to accommodate their light-duty position without regard to seniority. 7.6 Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. 7.7 Meal Period. To the extent consistent with operating requirements of the department, meal periods shall be scheduled in the middle of the work shift, or as close to a normal mealtime as possible. The meal period shall be thirty(30)minutes and shall be considered on-duty time. 7.8 Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal service and the public interest. Except as otherwise provided in this Agreement, employees, excluding detectives, shall be compensated at the rate of one-and-one-half(1 1/2)times their regular rate for overtime work by the City under the following conditions: A. All assigned work in excess of eight (8) hours on any scheduled workday for employees who are scheduled to work an eight (8) hour workday and all assigned work in excess of ten (10) hours on any scheduled workday for employees who are scheduled to work a ten (10) hour workday and all assigned work in excess of twelve (12) hours on any scheduled workday for employees who are scheduled to work a twelve(12)hour workday. B. All assigned work in excess of forty (40) hours in workweek. The City shall not be liable for the payment of overtime when more than forty (40) hours are worked in a seven (7) day period as the result of a scheduled seniority shift rotation for swom personnel. To this end the City may work an employee (80) hours in a 2-week period before incurring any overtime liability. C. Detectives shall be compensated for overtime as set forth in Appendix C. D. All work assigned outside an employee's work schedule, except in accordance with Section 7.4 of this Article. In no event shall such compensation be received twice for the same hours. Overtime work will be equitably distributed to other employees within the same classification whenever possible. 7.9 Call-back Time. Employees called back to work shall receive overtime pay with a guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called City of Ashland/ 15 Ashland Police Association CBA 2009-20x. back. Employees called back to work on a regularly scheduled day off shall receive overtime pay with a guaranteed minimum of four (4) hours at the overtime rate for the work for which they are called back. When an employee is on call-back, once the employee has completed the specific task (for example to appear at a legal proceeding or attend a meeting) for which the employee was called back, then they are free to leave. This section applies only when call-back results in hours worked which are not annexed consecutively to or that overlaps one end or the other of the working day or working shift. This section does not apply to scheduled overtime, callback times annexed to the beginning of the work shift, holdover times annexed to the end of the work shift or work day or to brief routine phone calls. For purposes of this section, a regularly scheduled day(s) off shall commence at the conclusion of the last scheduled workday of the work week and end at the beginning of the next scheduled work week. 7.10 Compensatory Time. Overtime work shall be compensated by compensatory time at the rate of one-and -one-half times the hours worked to a maximum accrual-of eighty(80) hours or by cash payment at the rate of one-and-one-half times the regular hourly rate at the option of the employee. Employees are encouraged to provide as much notice as possible of requested time off. Compensatory time shall be taken at such times in such blocks as are mutually agreed upon between the employee and his/her supervisor, subject to the following: A. Employees must provide a minimum of forty-eight (48) hours advance notice of the requested compensatory time off. This forty-eight (48) hour notice will, subject to "B" below, be considered reasonable notice under FLSA. The department may waive the forty-eight(48)hour advance notice requirement. B. Minimum staffing shall remain at two (2) officers and one (1) sergeant or the established minimum, as determined by the City. If the employee cannot secure a volunteer to.cover for the employee requesting compensatory time off and thereby assure minimum staffing levels, compensatory time will be denied. 7.11 Shift Trades. Qualifying employees may trade shifts as per Department policy. For the trade, the employees will indemnify and hold the City harmless for any overtime provisions which would otherwise be applicable. City of Ashland/ 16 Ashland Police Association CBA 2009-20xx ARTICLE VIII - SICK LEAVE 8.1 Accumulation. Sick leave shall be earned by each eligible full-time employee at the rate of eight (8) hours for each full calendar month of service, irrespective of the employee's work schedule. Sick leave shall not accrue during periods of unpaid leave or layoff. Employees who return to work from unpaid leave or recall from layoff shall, however be credited with any unused sick leave they had accrued prior to unpaid leave or layoff. Sick leave may be accumulated to a total of nine hundred and sixty (960) hours and must be taken for the purposes specified in Section 8.2 below,as a condition precedent to any sick leave payment. 8.2 Utilization for Illness or lniury. Employees may utilize their accrued sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the Police Chief or other supervisor of absence due to illness or injury, the nature and expected length thereof,-as soon as possible prior to the beginning of his/her scheduled regular work shift, unless unable to do so because of the nature of injury or illness. Employees are encouraged to schedule routine medical and dental appointments outside their regularly scheduled working hours, whenever possible. In the event such appointments must be scheduled during an employee's scheduled shift, every effort must be made by that employee to give the Department at least twenty- four (24) hours advance notice. The City may require an employee to submit certification by a physician or healthcare professional or other acceptable verification of the reason for utilization of sick leave as a precondition to payment of sick leave whenever the employee's absence exceeds three (3) workdays or whenever the City can articulate a good faith concern (e.g. questionable patterns of usage, etc.) regarding the employee's eligibility to receive sick leave. For the purpose of this section and the following sections of this Article, pregnancy shall be treated as any other illness or disability. An employee may be granted up to twelve (12) weeks, per calendar year, paid sick leave for the employee to care for an ill or injured family member and for other OFLA qualifying purposes in accordance with OFLA. For the purpose of this Section family member includes: spouse, children (including step-children and foster children), parent, parent-in-law, grandchildren, grandparents, "domestic partner" as defined in Article XVI, Section 16.1 and the children, grandchildren and grandparents of such domestic partners. 8.3 Integration with Workers' Compensation. When an employee suffers a work-related injury or illness, the City's obligation to pay under this sick leave Article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay, minus state and federal deductions. In such instances, no charges will be made against accrued sick for the time an employee is absent from work to receive medical treatment on the date a work- related injury or illness occurs and leave for the first three (3) days following the injury or illness. Thereafter pro-rated charges will be made against accrued sick leave, unless an employee is absent from work for a work related injury or illness that exceeds ninety(90) calendar days. In situations where and employee's work-related injury or illness exceeds ninety(90)calendar days, the City will credit sick leave benefits paid to the employee during that period back to his/her sick leave bank. City of Ashland/ 17 Ashland Police Association CBA 2009-20xx 8.4 Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave and other paid leave banks have been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability and before returning to work. 8.5 Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his/her death or termination of employment, except as provided for in Article XVI, Section 2. 8.6 Pay for Unused Sick Leave. All employees may elect to receive one-third (1/3) of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance, or converted to accrued vacation at the option of the employee. ARTICLE IX- OTHER LEAVES OF ABSENCE 9.1 Criteria and Procedure. Leaves of absence without pay not to exceed ninety (90) days may be granted upon establishment of reasonable justification and where it is determined that the operation of the department and/or division will not be negatively impacted by the temporary absence of the employee. Requests for such leaves must be in writing and submitted to the Police Chief thirty(30)days prior to the requested leave date,unless otherwise waived. 9.2 Jury Duty. Employees shall be granted leave with pay for service upon a jury provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day employee shall immediately contact their supervisor for assignment for the remainder of his/her regular workday. 9.3 Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee,judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority provided,however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he/she may receive as witness fees. 9.4 Required Court Appearances. Leave of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for, travel to the court and return to the employee's headquarters. 9.5 Election Day. Employees shall be granted two(2)hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. 9.6 Association Business. Employees elected to any Association office or selected by the Association to do work which takes them from their employment with the City may, upon written request of the Association and the employee, be recommended by the Police Chief for a leave of absence, of up to thirty (30) days without pay. Employees selected by Association to attend City of Ashland/ 18 Ashland Police Association CBA 2009-20xx collective bargaining sessions between the Association and the City shall not suffer a loss of pay or benefits as a result of attendance at such meetings. However, all efforts shall be made to schedule such meetings so as not to adversely affect the staffmg or operation of the department. 9.7 Educational Leave. After completing one (1) year of continuous service, an employee, upon written request, may be granted a leave of absence without pay by the City for the purpose of upgrading his/her professional ability through enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the Police Chief. One year leaves of absence, with requested extensions for educational purposes may not be provided more than once in any three (3) year period. His/her replacement shall be considered a temporary employee. Employees shall also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs and other programs-of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's Police Chief. 9.8 Military Leave. Military leave shall be granted as required by Oregon Revised Statutes and federal law. Employees may use accrued vacation and holiday time for official military leave in excess of the employer-paid time provided by statute. 9.9 FMLA and OFLA Leave. The City will comply with the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). Employees who are absent from work for FMLA or OFLA qualifying reasons, but who are not eligible to receive sick leave benefits, will be paid accrued compensatory time and/or vacation pay for their absences. In the event an employee does not specify whether he/she prefers to utilize compensatory time or vacation time, compensatory time will be utilized first, then vacation pay. FLMA and OFLA leaves will run concurrently. 9.10 Compassionate Leave. An employee will be granted up to three (3) days compassionate leave with regular pay in the event of death in his/her immediate family. For the purpose of this section an employee's immediate family shall include: spouse, domestic partner, as defined in Article XVI, Section 16.1, parent, stepparent, children, stepchildren, brother, sister, grandparents, mother-in-law or fat her-in-law and grandparent-in-law..The employee will be paid his/her regular hourly rate for any such days of excused absence, which occur only during this assigned workweek. An additional two (2) days with regular pay may be granted and shall not be unreasonably denied. The City may, at its discretion, grant other compassionate leave under exceptional circumstances. 9.11 Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his/her position with the City, and his/her position shall be declared vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond his/her control. City of Ashland/ 19 Ashland Police Association CBA 2009-20xx ARTICLE X- COMPENSATION 10.1 Pay Schedule. Employees shall be compensated in accordance with the pay schedule attached to this Agreement and marked "Appendix B." This pay schedule shall incorporate the following wage increases: A. Effective July 1, 2009, all bargaining unit base wages will be increased 0%. Effective July 1, 2009 the City shall establish a HRA/VEBA for each bargaining unit member and shall deposit an amount equal to 1% of the employees regular rate of pay into the account at the beginning of each pay period. 10.2 Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days beginning at 12:01 A.M. on Saturday, and ending on the 14th day (Friday) at 11:59 P.M. Pay days shall be on the Friday following the close of each pay period. 10.3 Overtime Compensation. Authorized overtime shall be paid in the form of pay or compensatory time off pursuant to Article VII, Subsection 7.10. All overtime shall be recorded by the employee and must be approved by the Police Chief or designated supervisor. 10.4 Standby Pa v. An employee assigned to standby status to handle emergencies during his/her off-duty hours and who is required to remain at his/her home, shall be paid at twenty(20) percent of his/her regular rate for all predetermined hours of such period. In addition, he/she shall be compensated at overtime rates for actual time worked to the nearest one-half hours and shall not be eligible for call-back time as set forth in Article VII.7.9. 10.5 DPSST Certification. An employee classified as a Police Officer shall, upon receiving an intermediate or advanced certificate from the Department on Public Safety, Standards and Training, be eligible for a monthly allowance of 5%or 8%of base rates, respectively. Effective July 1,2007, employees with an advanced certificate will receive a monthly allowance of 9% of base rates. Effective July 1, 2008, employees with an advanced certificate will receive a monthly allowance of 10%of base rates. 10.6 Special Assignment Pay. Employees assigned to the following special temporary assignments shall be compensated as follows: A. Detective. Any member of the bargaining unit assigned to detective status shall be compensated as set forth in Appendix C of this Agreement until relieved of such assignment. B. Officer in Charge. Any employee on active duty designated by the City as acting in capacity in a higher level position other than his/her regular job classification shall receive 10% additional pay above his/her current base salary for the length of the assignment. This rate applies to hours worked only and when combined with other special assignment pay then the combined total shall not exceed 10% (e.g. DARE City of Ashland/ 20 Ashland Police Association CBA 2009-20xx Officer 5%plus Officer in Charge 5%). C. Other Special Assignments. Special Assignments, including Motorcycle Officer, School Resource Officer, DARE Officer, Survival Skills Instructor during the time they are actually involved in instructing other officers, and CAP Officer, shall be compensated an additional five percent (5%) over their normal monthly rate, until relieved of such assignment Employees assigned to Police Training Officer shall receive an additional five percent(5 1/6) for the period of the assignment. Employees assigned for SWAT callouts shall receive an additional five percent (5%) for the period of the callout. D. Clothing Allowance. The fifty-dollar ($50.00) per month clothing allowance granted to detectives pursuant to Appendix C will be provided to any officer who is assigned to a non-uniformed assignment in excess of thirty (30) consecutive calendar days. 10.7 Wage Reopener. In the event the City agrees to increase the base wage rates paid to employees covered by the Collective Bargaining Agreement with the Ashland Firefighters Association, Local #1269 by more then 0% effective Julyl, 2009 or the City is required to increase the base wage rates of those employees by more then 0%or more as the result of an interest arbitration award, the Association shall have the right to reopen Article 10.1 of this Agreement. Notice of intent to reopen must be made in writing and submitted to the Chief no later than thirty (30) calendar days after the Agreement is signed or the interest arbitration decision is issued. Either the City or the Association may reopen negotiation on wage rates covered by this agreement on Julyl, 2010 and/or Julyl, 2011. Notice of intent to reopen must be made in writing and submitted no later June 1 of each year of the Agreement. 10.8 HRANEBA Reopener. In the event the City agrees to increase the HRA/VEBA benefit paid to employees covered by the Collective Bargaining Agreement with the Ashland Firefighters Association, Local #1269 by more then I% effective July 1, 2009 or the City is required to increase the HRANEBA benefit of those employees by more then I% or more as the result of an interest arbitration award, the Association shall have the right to reopen Article 10.1 of this Agreement. Notice of intent to reopen must be made in writing and submitted to the Chief no later than thirty (30) calendar days after the Agreement is signed or the interest arbitration decision is issued. Either the City or the Association may reopen negotiation on HRA/VEBA contributions covered by this agreement on July 1,2010 and/or July 1 2011. Notice of intent to reopen must be made in writing and submitted no later June 1 of each year of the Agreement. City of Ashland/ 21 Ashland Police Association CBA 2009-20x. ARTICLE XI -DISCIPLINE 11.1 No regular employee as defined in Article X111 may be disciplined or discharged, except for just cause. Disciplinary action, including discharge, may be imposed upon any employee for failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon the City or Department or which is a direct hindrance to the effective performance of City functions shall be considered good cause for disciplinary action. Such cause also includes, but is not limited to: misconduct, inefficiency, unsatisfactory work performance, incompetence, insubordination, violation of Department rules, unauthorized or excessive tardiness or absenteeism, dishonesty, engaging in political activities forbidden by State law, or other violations of Departmental standards of conduct. The employee, upon request, has the right to have Association representation at any meeting during which disciplinary matters are discussed. 11.2 Discipline for just cause may include the following: A. Written reprimand B. Demotion C. Suspension D. Discharge 11.3 An employee may be placed on paid administrative leave while charges against the employee are investigated. 11.4 Any disciplinary action imposed upon an employee, if protested, shall be protested only as a grievance through the regular grievance procedure. If a Police Chief or other supervisor has reason to discipline an employee, he/she shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. Oral reprimands shall not be protested through the grievance procedure. Written reprimands, upon request of the employee, shall be removed from the personnel file at the end of three years from the time the reprimand was dated, provided there are no related subsequent written reprimands or disciplinary action taken during the intervening period of time. It is understood and agreed disciplinary action that has been removed from an employee's personnel file cannot be used for the purpose of progressive discipline. However, in the event an employee grieves subsequent disciplinary action, including discharge, at an arbitration hearing and the Association introduces evidence regarding the employee's past work record, the City reserves the right to introduce removed disciplinary action for the purpose of enabling the arbitration to evaluate the City's action. Additionally, in the event an employee grieves or otherwise challenges disciplinary action in a legal proceeding and raises the claim that (s)he was discriminated against or treated inconsistently, the City reserves the right to introduce disciplinary action removed from the personnel files of other employees for the limited purpose of addressing such claims of discrimination or inconsistency. City or Ashland/ 22 Ashland Police Association CBA 2009-20xx 11.5 Upon removal of documents, pursuant to 11.4, the City shall store all removed documents outside the Department until the mandated state archive period is complete. The Department documents shall not be released or used for any purpose after being removed from employee personnel files, except as set forth in Section 11.4 above. The City shall store all completed internal affairs investigations, which result in an unfounded or exonerated finding outside the Department. These documents will be disposed of in accordance with the state archive laws and shall not serve as the basis for further discipline. 11.6 The just cause protections set forth in the Article shall not apply to any employee who is discharged during probation, as defined in Article XIII. 11.7 When an employee is under investigation,which could lead to disciplinary action: A. The City shall notify the employee under investigation for a matter involving an Internal Affairs Investigation, as defined in Departmental General Order 2.06, in writing, at least forty-eight (48) hours prior to any interview of the nature of the investigation and the specific allegations levied against him or her. The employee will,upon request,be provided with a copy of any complaint submitted in writing at the time of this notification. B. The employee shall be entitled to Association representation and shall be provided a reasonable amount of time prior to the interview to consult with an Association representative, irrespective of whether the matter involves an Internal Affairs Investigation or Informational Report, as defined in Departmental General Order 2.06. Informational Reports are non-disciplinary in nature and are intended to document commendations and incidents that do not wan-ant discipline. Informational Reports may, however, be referenced in employee evaluations and used to identify training and professional needs. C. The City shall strive to hold the interview of an employee during normal business hours, which shall be defined as 8:00 a.m. to 5:00 p.m., Monday through Friday. This does not preclude management from scheduling an interview outside of normal business hours, provided a member of the Association's Executive Board (excluding a member who is a material witness or has a direct personal interest in the outcome of the investigation)is available to accompany the employee to the interview. In the event that the Association desires to have its legal counsel present at the interview, the Department will schedule the interview at a mutually agreeable time during normal business hours, provided the interview is not delayed more that three (3) business days. The interview shall be for a reasonable period, taking into consideration the gravity and complexity of the issue(s) being investigated. If the interview is of extended duration (i.e. beyond 2 hours in length), reasonable breaks will be afforded the employee being interviewed, upon request. Nothing in this Article is intended to prohibit the Department from conducting follow-up interviews with the employee, subject to the same conditions. City of Ashland/ 23 Ashland Police Association CBA 2009.20xx Either the Department or the employee may request that a recording be made of the interview. Neither party will record the interview without informing the other that recording is taking place. If a recording is made by either party, the other party will provide a true copy of the recording upon request, but no more than five(5)business days after the request is made. Under no circumstances will the recording be shared with material witnesses during the period the investigation is pending. D. The City shall limit investigations to complaints, which have been reduced to writing by the complainant or Department. No employee will be required to appear or participate in an interview with the complaining party. E. The Department will strive to complete investigations within thirty (30) days from the date the complaint or conduct giving rise to the investigation became known to management. In the even additional time is needed to complete the investigation, the employee and the Association's Executive Board will be notified of any extension and the reason(s) for the extension.The employee and the Association will further be advised of the outcome of the investigation. F. No employee will be required to submit to a polygraph examination. 11.8 No member of the Association will be required to participate in any type of Citizen Review Boar] in any form or by any title or name pertaining to the use of force or police practices/conduct issues. 11.9 Whenever there is a use of force incident involving an employee discharging a firearm or there is a serious physical injury or death to any person, a Departmental supervisor will promptly notify an Executive Board member. ARTICLE XII - SETTLEMENT OF DISPUTES 12.1 Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application and/or the Association, and/or employee with regard to interpretation issues, meaning or interpretation of this Agreement shall be settled in the following manner. Step I. The affected employee and, with regard to interpretation issues the Association and/or the employee, shall take up the grievance or dispute with the employee's supervisor as soon as possible but not more than ten (10) days of its discovery. The employee shall specify the facts upon which the grievance is based and the contract article allegedly violated. The supervisor shall then attempt to adjust the matter within ten(10)days. Step 11. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Association representative to the Police Chief, or his/her designee, within ten (10) days after the response specified in Step I is due or received. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Police Chief, or City of Ashland/ 24 Ashland Police Association CBA 2009-20xx his/her designee, shall respond to the Association representative in writing within ten (10) days after receipt thereof. Step III. If the grievance still remains unadjusted, it may be presented by the Association to the City Administrator of the City or his/her designee(s), within ten (10) days after the response specified in Step II is due or received. The City Administrator, or his/her designee(s),shall respond in writing to the Association within ten(10)days. Step IV. If the grievance is still unsettled, either party may within ten (10) days of the decision of the City Administrator or his/her designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Association. If the parties are unable to agree upon an arbitrator, the Employment Relations Board shall be requested to submit a list of five names of Oregon and Washington arbitrators. Both the City and the Association shall have the right to strike two names-f-om the list. The party requesting arbitration shall strike the first name and the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The arbitrator's decision shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented. His/her decision shall be based solely upon his/her interpretation of the meaning and express language of the agreement. Expenses for the arbitrator shall be home by the losing party as designated by the arbitrator. However, each party shall be responsible for compensating its own representatives and witnesses. The City will adjust schedules, as necessary, to enable the grievant and one Association representative the opportunity to attend the arbitration hearing. Time spent at the arbitration hearing will be paid at straight-time rates. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. If any grievance is not presented or forwarded by the employee or Association within the time limits specified above, such grievance shall be deemed waived. All days and hours specified shall be calendar. If the City fails to respond in a timely fashion, the grievance may be appealed to the next step. A grievance may not change once it has been filed in writing. ARTICLE XIII - SENIORITY 13.1 Definition of Seniority. Only regular employees shall have seniority. Two types of seniority will be recognized for various purposes as set forth in this Agreement: bargaining unit seniority and classification seniority. Bargaining unit seniority shall be defined as an employee's length of service within the bargaining unit without termination of seniority, dating from his/her first day of compensable work within the bargaining unit. Classification seniority shall be defined as an employee's length of service within a job classification listed in Appendix "A" without a City or Ashland/ 25 Ashland Police Association CBA 2009-20xx termination of seniority. Employees who move to different classifications within the bargaining unit will retain the classification seniority they had in their previous job classification. 13.2 Layoff and Recall. In the event of layoff, the selection of employees to be laid off shall be as follows: First, probationary employee(s) in the positions affected shall be laid off. If there are no such probationary employees, the employee in the position affected who has the least classification seniority in that position will be the first laid off and layoffs shall continue in that order. An employee who has classification seniority in a lower job classification may exercise his/her seniority to bump into that lowerjob classification,provided he or she is qualified to perform the work.When displacing another employee, the "bumping" employee's salary or wage shall be at the step that most closely approximates, but does not exceed, his/her salary range in the previous classification on the effective date of layoff. In order to be entitled to bumping rights, an employee must notify the Chief of Police of his intent to bump within seven (7) calendar days of receipt of layoff notice. Recall from layoff shall be in reverse-order of seniority, provided the senior employee is capable of performing the work. 13.3 Suspension of Seniority. Bargaining unit and classification seniority shall be retained, but shall not continue to accrue during layoffs and authorized leaves in excess of ninety (90) calendar days. Also, employees who are promoted to positions within the Department that are outside the bargaining unit, but are returned to a bargaining unit position by the City within the six (6) month promotional probationary period set forth in Article 14.2, will return with the bargaining unit and classification seniority they had accrued at the time of their promotion restored. The time an employee spends in such a position will not however be applied toward his/her seniority. 13.4 Termination of Seniority. Bargaining unit and classification seniority and the employment relationship shall be terminated if an employee: A. Quits; B. Is discharged fin-just cause; C. Is absent from work for three(3) consecutive working days without notification to the City, unless the City determines, in its discretion that mitigating circumstances existed to justify the failure to notify; D. Is laid off and fails to report to work within three days after receipt of notice of recall by certified mail or five days after delivery of such notice of recall; E. Is laid off from work for any reason for 24 months, or for a period of time equal to his/her seniority,whichever is shorter; F. Fails to report for work at the expiration of a leave of absence or in the case of an absence due to an on or off-the-job injury or illness, fails to report for work within seven (7)days of receipt of a full or limited medical release to return to work; City of Ashland/ 26 Ashland Police Association CBA 2009-20xx G. if while on leave of absence for personal health reasons accepts other employment without permission; or H. Is retired. I. If the employee is absent from work due to an on-the-job injury or illness for a period in excess of three years from his/her original date of injury/illness or another event occurs to extinguish reinstatement rights in accordance with ORS 659A.043 and ORS 659A.046. (It is however understood and agreed that the seniority of an employee who is continuously absent due to an on-the-job injury or illness will be frozen after one year.) 13.5 Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the Department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. For new employees hired, the probationary period for entry-level employees shall be eighteen (18) full months of employment. The probationary period for lateral employees shall be twelve (12) full months of employment. Probationary periods will commence on the first day of an employee's compensable work in a job classification and may be extended up to an additional six (6) months by written mutual approval between the City and the Association. The Association recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, the assignment of on-the- job training, cross-training in other classifications and the assignment to educational courses and training programs. Termination of a probationary employee shall not be subject to the grievance procedure under Article XH. 13.6 Notice of Recall from Lay-off Status. Recall from layoff exceeding five (5) work days shall be by certified letter sent to the employee at his/her last known address furnished to the City by the employee. The City may also use any other means to return an employee sooner. ARTICLE XIV- PROMOTIONS 14.1 Postings. Promotional opportunities to job classifications listed in Appendix "A" (not assignments), as well as supervisory/management positions in the Department shall be posted for at least three (3) weeks prior to the closing of accepting applications for the position. Whenever a promotional examination is given the notice announcing such examination shall state the passing score on all parts of the examination and the relative weight of each part of the examination. 14.2 Promotional Probationary Period. Regular employees promoted into a higher classification within the Department shall serve a promotional probationary period of six (6) continuous months. The Association also recognizes the right of the City to demote an employee on Cityof Ashland/ 27 Ashland Police Association CBA 2009-20xx promotional probationary status to his/her previous position. Demotion of an employee on promotional probationary status, as well as demotion of employee who was filling the employee's position within the promotional probationary period, shall not be subject to the grievance procedure under Article XII and such demotion shall not be considered a disciplinary action. ARTICLE XV - GENERAL PROVISIONS 15.1 No Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, creed, color, age, sex, national origin or other protected status in accordance with applicable law. The Association shall share equally with the City the responsibility for applying the provisions of this Section. All references to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include the male and female employees. Employees shall have the right to form, join, and participate in the activities of the Association or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or the Association by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent him/herself in individual personal matters. 15.2 Professional Standards and Safety Committ ee. hr order that the City may be informed and/or take appropriate action on professional standards of safety and protective equipment, a committee shall be formed composed of the Police Chief and/or his/her designated representatives not to exceed two, and representatives of the Association not to exceed three. This committee shall meet as mutually agreed upon, consider surveys and factual studies,and make recommendations for improvements to the City Administrator. 15.3 Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however,that no work rule will be promulgated or implemented which is inconsistent with a . specific provision of this Agreement. All work rules which have been reduced to writing will be furnished to the Association and to affected employees upon request. 15.4 Other Employment. Prior to accepting outside employment, an employee shall first discuss the matter with the Police Chief. Acceptance or continuance of regular outside employment by an employee shall be subject to the following criteria: A. The need for mentally alert and physically able public safety employees. B. Insulating employees from potential conflict of interest situations. C. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job requiring police officers to be available for emergency duty twenty-four(24) hours a day. City or Ashland/ 28 Ashland Police Association - CBA 2009-20xx 15.5 Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing or use any type of protective device, such article shall be provided by the City. Replacements shall be provided by the City upon surrender of the article, at no cost to the employee, reasonable wear excepted. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. Failure of any employee to wear such required uniform, protective clothing, or use such protective device as prescribed by the City shall be cause for disciplinary action as set forth in Article XI. The City shall provide footwear/reimbursement of up to a total of $175 per year of the contract (which can be combined by the employee) for the purchase or repair of footwear to all bargaining unit employees, excluding those assigned to detectives, DEA Officers and Community Outreach Officers. In addition, any specialized cleaning due to biohazard exposure shall be provided by the City at no cost to the employee. 15.6 Educational Allowance. After an—employee's completion of one (1) full year of continuous service, the Police Chief may authorize reimbursement to the employee for costs directly related to upgrading his/her professional ability through enrollment in an educational course of study or class at a state accredited educational institution. The amount of such reimbursement shall be at the sole discretion of the Police Chief, based on the availability of departmental resources for such expenditures and upon the relative benefit to be realized by the department from the employee's participation in the class or coursework. Funds may be advanced to an employee to pay initial costs,however, final reimbursement shall require the employee to provide evidence of his/her successful completion of the class or coursework. In no event shall the Department be responsible for reimbursing educational costs incurred by an employee outside of an advance mutual agreement with the Police Chief. 15.7 Position Descriptions. The general classifications of labor which shall be recognized throughout this Agreement shall be those set forth in Appendix A. 15.8 Personnel File. A. Inspection. Each bargaining unit member shall have the right to review and obtain at their expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of their employment with the City. The official personnel files shall be maintained in the City Administrator's office. B. Employee Signature. Each employee shall be offered the opportunity to read and sign any written material that is placed in their official personnel file.The employee may: 1. Sign such material indicating agreement. 2. Sign such material, indicating disagreement, in which case the employee may place in his/her file a signed response to such material. 3. Refuse to sign such material in which case a employee of management shall place in that person's file a signed statement indicating that the material was offered to the employee for reading and signing and the employee refused. City of Ashland/ 29 Ashland Police Association CBA 2009-20xx 15.9 Trainine. The City shall provide outside training opportunities to employees in the bargaining unit as follows: A. The City shall provide outside training opportunities to employees in the bargaining unit on an equitable basis. All training must be approved by the Chief or his/her designee and is subject to the Department's evaluation of operational needs and budgeting constraints. B. The City shall provide twenty four (24) hours of outside training per year to Survival Skills instructors, and shall provide any additional training hours DPSST requires, such instructors to have maintain DPSST teaching credentials. 15.10 Travel Time for Trainine and Other Off-Site Activities. Employees who are assigned to training or other compensable work-related activities outside the station, that do not require an overnight stay, may be required to report for such the training/activities directly from their home. In the event time spend traveling to and from the training/activities does not require the employee to travel more than a thirty(30) mile radius from the Ashland Police Department, such time will be treated as home-to-work travel-and will not be compensated. In the event time spent traveling to and from such training/activities does require the employee to travel more that a thirty mile radius, such time will be compensated at applicable regular or overtime rates. In the even employees are assigned to training or other compensable work-related activities which require an overnight stay, such employees will be paid for travel time to and from such training/activities, provided travel time occurs during their regular daily work hours, consistent with ELSA. Time spent traveling to and from such training or activities which occurs outside an employee's regular daily work hours will not be compensated. 15.11 Fitness for Dutv. The City reserves the right to require employees to provide verification of medical ability to perform the essential functions of their positions, as well as confirmation of any limitations on an employee's ability to perform such essential functions, so long as such verifications is consistent with applicable law. Verification may be required if the City can articulate a reasonable, good faith basis for the need for verification. The verification will be limited to the determination of whether the employee can perform his/her essential job duties without a direct threat to his/her safety or the safety of others. All medical information released pursuant to a fitness-for-duty test will be maintained in the employee's confidential medical file and released only on a need-to-know basis. The City will place any employee who is required to submit to a fitness-for-duty test on paid administrative leave until the verification is obtained. The City will also pay for the cost of evaluation, as well as the time spent by the employee undergoing the required evaluation and traveling to/from the evaluation. ARTICLE XVI - HEALTH, WELFARE & RETIREMENT City of Ashland/ 30 Ashland Police Association CBA 2009.20xx 16.1 Health and Welfare. The City agrees to pay ninety-five percent (95%) of the premium to maintain existing, equal or better medical, dental and wellness insurance plans. Effective January 1, 2010 employees agree to change the Preferred Provider Option with a $200 deductible under the same cost share arrangement as stated in this section. Employees will be responsible to pay the remaining five percent(5%) of the premium through payroll deduction. The City agrees to pay one hundred percent (100%) of the premium to provide life insurance coverage. Those plans and employee/family coverage levels are: _ (a) Blue Cross Option V Health Insurance- family coverage. (b) Standard Life Insurance Company life insurance- family coverage. (c) Standard Life Insurance salary continuation plan -employee only. (d) Blue Cross Dental Insurance- family coverage. (e) Blue Cross- Basic Vision plan - family coverage. (f) The City of Ashland Wellness Program- family coverage. In accordance with Oregon case law, where insurance benefits are extended to spouses, "domestic partners' shall be considered spouses. A "domestic partner" is defined as an individual who lives with the employee and has fulfilled the requirements contained in a completed "Affidavit of Domestic Partnership" form which is available through Human Resources. Employees are obligated to promptly notify Human Resources if domestic relationships end. The Association and the City jointly recognize the escalating costs of Health and Welfare insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee-based benefits committee with on employee appointed by the bargaining unit. The committee will meet and review insurance options. The parties recognize that the insurance plans described above are subject to annual adjustments by the carriers. In the event a carrier notifies the City of annual changes in plan benefits mid-term during this Agreement, the City agrees to notify the Association's Executive Board of the,plan changes in writing. The Association shall have fourteen (14) calendar days from receipt of such notification to evaluate the plan changes and demand mid-term bargaining. The demand for bargaining must be made in writing and directed to the Chief of Police. Failure to demand bargaining within this time period shall constitute a waiver of the Association's right to bargain or grieve the plan changes. The parties understand and agree that the City has the right to implement annual changes in benefits made by the carriers. Any such changes, as well as the ninety-five percent (95%)/five percent (5%) premium sharing split shall continue in effect during negotiations. The parties further agree that any changes that arise from negotiations or through interest arbitration, shall become effective the first of the month following ratification of the change by the Association and approval by the City Council or the first of the month following receipt of the interest arbitration award,unless otherwise agreed upon by the City and the Association. In the event a carver notifies the City that a plan will be discontinued, the City agrees to notify the Association's Executive Board in writing. The City and Association agree to enter into negotiations for a new plan. City of Ashland/ 31 Ashland Police Association CaA 2009-20xx 16.2 Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half of accumulated sick leave will be applied to retirement as set forth in O.R.S. 237.153. The City will also assume or pay the employee contributions required by ORS for all employees included under this agreement at a uniform rate of six (6)percent. 16.3 Deferred Compensation. The City shall contribute $40.00 per month in matching funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. 16.4 Reemployment of Refired Employees. A. The City may at its discretion rehire retired Association members for up to 1039 hours each year following their retirement date. B. At the retiring Association members option, the City shall only use rehired retired employees to fill a vacant Association member position on a temporary basis and for not more then 90 days following the retirement date of the rehired retired employee. Re-employment of retired employees will not cause the layoff of any other bargaining unit member and the rehired retired member will remain a member of the Association while re-employed with the exception of Article 5, 6, 8, 10.1A and 16. ARTICLE XVII - WORKER'S COMPENSATION All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the City. ARTICLE XVI11 - LIABILITY INSURANCE AND INDEMNIFICATION 18.1 The City shall purchase liability insurance in the maximum amounts set forth in O.R.S. 30.270 for the protection of all employees covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premiums for such insurance shall be paid by the City. 18.2 The City shall indemnify and defend employees in the bargaining unit against any tort claim arising out of an alleged act or omission occurring in the performance of duty as required by ORS 30.285 and 30.287 (1977 replacement part.) The City agrees to reimburse the bargaining unit member for all reasonable, usual and customary legal fees charged by an attorney to represent the employee as a direct result of criminal charges or a criminal investigation arising out of the employee's performance of his/her duties as an employee. The reimbursement shall not be made if A. The employee undergoes diversion, is convicted by verdict or plea, or pleads no City of Ashland/ 32 Ashland Police Association CBA 2009.20xx contest to criminal charges arising from the incident; or B. The Department gives grievable discipline to the employee based upon the employee's actions that form the basis for the possible or actual criminal liability . and the Department sustains the discipline through the grievance arbitration process or the employee does not appeal the discipline. .18.3 Any reimbursement from the City shall be made only at the conclusion of all criminal and disciplinary proceedings against the Association member arising out of the incident and are subject to the following maximum requirements:. A. Legal fees relating to a grand jury and/or appearance: $2,500.00 B. Legal fees relating to post-grand jury indictment or other charging instrument: $5,000.00. Before becoming obligated under this Article, the City shall be presented with a swom affidavit by the attorney listing an hourly breakdown of time spent and describing briefly the purpose of such time. The City may submit the bill to the Oregon State Bar Association for review for compliance with reasonable, usual and customary fees charged for such matters. The Oregon State Bar Association's determination shall be final and binding for the City's obligation under this Article. ARTICLE XIX-SAVINGS CLAUSE AND FUND 19.1 Savines Clause. Should any provision of this Agreement be subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of the Agreement. Upon such declaration, the parties agree to immediately meet and confer on a substitute, if possible, for the invalidated portion thereof. 19.2 Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be approved annually by established budgetary procedures and in certain circumstances by vote of the citizens of the City. The City shall not reduce the wages and benefits specified in the Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. I City of Ashland/ 33 Ashland Police Association CBA 2009-20xx - ARTICLE XX -TERMINATION AND REOPENING This Agreement concludes all collective bargaining between the parties during the term of this Agreement and except as specified in Article 10.7 and 10.8.shall be effective July I, 2009 and shall remain in full force and effect until June 30,2012. This Agreement shall automatically be renewed from year to year thereafter unless either party notifies the other in writing not later than ninety (90) days prior to the expiration date of this Agreement of their intent to modify or terminate the Agreement. If such notice is not given, this Agreement may be subsequently reopened for modification upon sixty (60) days written notice; however, the Agreement shall remain in full force and effect during the period of negotiations.. ASHLAND POLICE ASSOCIATION CITY OF ASHLAND,OREGON By: By: Date: Date: Chy of Ashland/ 34 Ashland Police Association CBA 2009-20xx APPENDIX "A" CLASSIFICATIONS WITHIN BARGAINING UNIT Police Officer Community Services Officer Community Outreach Officer Evidence Property Technician CLASSIFICATIONS EXCLUDED FROM BARGAINING UNIT Sergeant and above in rank Administrative Services Manager- Confidential Employees Police Reserves Irregular part-time employees who do not work a set schedule or who work less than an average of 20 hours per week Seasonal and temporary employees who are hired to work on a temporary basis for an undefined period of time City ol'Ashland/ 35 Ashland Police Association CBA 2009-20x. City of Ashland/ 36 Ashland Police Association CBA 2009-20xx APPENDIX °C" DETECTIVE ASSIGNMENT AND COMPENSATION Except as otherwise provided for in this Agreement, employees assigned to work as Detectives shall be compensated as follows: Section 1. Compensation. Any member of the bargaining unit who is assigned to detective status shall be compensated an additional five percent (5%) over the monthly rate for Police Officer set forth in "Appendix B"ofthis Agreement until relieved of such assignment. Section 2. Overtime. The Police Chief may require any detective to work overtime in excess of the detective's normal eight (8) hour work day. The amount of overtime that may be required by the Police Chief of the detective shall not exceed eight (8) hours in addition to the normal eight (8) hour work day. (i.e., maximum hours to be worked in one day is not greater than 16). In the event the Police Chief requires a detective to work overtime the detective must then be scheduled for a like number of hours off within the same work week if in the judgment of the Police Chief it is at all possible to do so. (i.e., assume for purposes of illustration a work week of 8 AM to 4 PM, Monday through Friday -- if a detective were required to work ten (10) hours on Thursday, then he would normally expect to be scheduled for two (2) hours off on Friday. This would result in sequential work days consisting of 8 hours, 8 hours, 8 hours, 10 hours and 6 hours for a total work week of 40 hours). No detective shall be eligible for overtime compensation (at the 1 i/2 straight time rate) during his/her work week unless he is required by the Police Chief to actually work more than 10 consecutive hours in a work day, or more than forty (40) hours within that particular work week. Each detective's work week shall consist of some five consecutive individual detective's work days. Each of the five(5)work days scheduled for any individual detective shall have the same tentatively designated starting time and the same tentatively designated quitting time allowing for eight (8) hours work to be accomplished, including one-half(1/2)hour for a meal period. Except for purposes of scheduling actual work in excess of eight (8) hours on a given day and/or scheduling like time off subject to the provisions contained herein, and except where an emergency requires immediate rescheduling of the work day, no detective's tentative scheduling of starting and/or quitting time may be changed unless notice of such contemplated change is posted on a department bulletin board at least seven (7)days in advance of the change. Section 3. Uniform Allowance. Any member of the bargaining unit who is assigned to detective status shall receive an in-lieu-of uniform allowance in cash of$50.00 per month for the period of time that such employee is assigned such status. City or Ashland/ 37 Ashland Police Association CBA 2009-20xz m 0 0 0 o � � P-� mmm LL t o �t n rn c+i W. m 1 Z•.V3 Vi M t9 fA f9 . wG ZI m , o I U °fA °ff1 °ff3 °ff3 s;0`j Im �.a rMimov � 0. 0iN N O N n OD O O• N N N N N N x I Z'M fA to f9 fA IA i yl mA � M I OMAVO mOMOIN !!.. }m OJO Nm Im N N M M M r f0 t0 N m r W N O In M al O L . Q'I Om � Mmm ! VmNO N- (5 IMmONW y a :Ui fA M Vi EA EA EA EA fA fA fA j fA t9 fA (A fA t9 N3 fA fA to i C r M V V V V. O N M M M M co co co M O M M V V V �. {fA EA Vi EA EA fA a fA (A EA to to i M M M Ep tp M fA to to fA W N n M V N A O) N N M m N M M N 4l � N V N M (D N N N N ' .- N N N N N N N N N a O Or Q �F» u> fn F» F» en i w » e» av to F» F» r» en » f» f» s9 » F» O N YYSCCC O 0 O Z1. N M M j O . m ( i( �p e» F» e» en r» FA ! ui F» F» FA v3 » en f» F» f» Itn ui F» F» es " w 0O �(o I I. CO S U N E E gm U J O I r r O m a? V O V ! N MN. M cM li M n m m f0 09 ErnA tM mo fN v 9 fuMA 1 fn rA n f(3i n A� N o a U t 0 4 x O 5 �M M Q pp i 4 ,fA f9 fA fA (fl fA fA fA to to fA �• m O W E E O T 47 m M O Ol m V m N m n m i M C N V E �n O yU (D (D N r M 0 Q7 M m O V W d) O O N O m M mp o J m m O) N O) N O n M V M I O M M O m � 0 O O I �N N N N N N � .- � • � N N N N N N N U x �F» F» wE» E» en F» vi F» ei s9 v3 f» en av e» E» f» <» e» F» ° t E 0 0 1 � m O 0 N C C m Z ,i �• I N 10 j o O m Q � O im L O Q O to 0 a z E u N ' iJ, W U S m{c N c $ c c c c s c c U c c c o 0 0 0 W ~( o 0 N N N N N N N N LL - m — — — — W o u oim m c o ,y E: � � d � � V E y e tt � n m Z v{ E) Q QILL Z Z Z Z F p LL Z Z Z Z > LL Z Z Z Z OILL Z Z Z Z p m Z N V M n - N M M M LU Q CITY OF ASHLAND Council Communication Ratification of Successor Labor Contract with the Laborers' International Union of North America Local No. 121 Meeting Date: August 16, 2011 Primary Staff Contact: Tina Gray Department: Administration/HR E-Mail: tina @ashland.or.us Secondary Dept.: Administrative Services Secondary Contact: Lee Tuneberg Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the Laborers' Union Local No. 121? Staff Recommendation: Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor contract, ratifying the tentative agreements reached in negotiations. Background: The current labor contract with the Laborers' union expired on June 30, 2011. The City reached tentative agreement with this bargaining group outlined below.. The aereement calls for: Year 1: • Implementation of the job class and salary recommendations from the CPS Human Resource Classification and Compensation Study. Employees will move into the new salary ranges at the lowest point which offers an increase. Positions identified in the study as over-market will remain frozen until the market catches up. • An additional l% City contribution into employee HRA-VEBA accounts, 2% total employer contribution, consistent with other bargaining units of the City. 2"d and 3rd Year: • Addition of 2% COLA to the salary range each year. In the event that the US CPI-W for the previous year's March-to-March is 3.5% or greater, parties will re-open the contract to negotiate wage increases for that year. Employees over market may remain frozen or partially frozen if adding 2% to the salary schedule doesn't bring their position closer to market: • If the City grants any other employee group anything more than 2% total contribution to HRA- VEBA, this group would also be entitled to a similar increase at the same time. • Minor language changes to reflect current business practices and make the contract more consistent with other bargaining groups of the City. . Page I of 2 CITY OF ASHLAND Fiscal Impact: The total fiscal impact in year one for implementation of the Classification and Compensation Study salary recommendations and additional 1% HRA-VEBA contributions will be approximately $43,003.85. The City did not budget for this increase so this amount will have to be absorbed into the Public Works budget and allocated over the various divisions and funds. We will include the cost projections for years 2 and 3 into the budget process based on the CPI, and where employees are in their salary range at that time. There are several job classes that will remain frozen in year 2 and partially frozen in year 3. Related City Policies: None. Council Options: Approve the Labor Agreement as presented. Delay approval of the Labor Agreement and provide staff new direction. Potential Motions: Move approval of the labor agreement between the City of Ashland and the Laborers' Union and authorize the City Administrator and Mayor to sign the labor contracts, ratifying the tentative agreements reached in negotiations Attachments: Proposed contract for Laborers' Union. Page 2 of 2 AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON and DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 121 July 1 , 2011 - June 30, 2014 TABLE OF CONTENTS PREAMBLE......................................................................................................................................... 5 SCOPE OF AGREEMENT...................:.............................................................................................. 5 ARTICLE 1— RECOGNITION.............................................................................................................. 5 ARTICLE II- UNION SECURITY AND CHECK-OFF.......................................................................... 6 Section1. Union Security . ...................................................................................................... 6 Section 2. Check-off for Union Members .............................................................................. 6 Section 3. Check-off for Non-Members ................................................................................. 6 Section 4. Indemnification . .................................................................................................... 6 ARTICLE III - MANAGEMENT RIGHTS............................................................................................. 7 ARTICLE IV- STRIKE AND LOCKOUT PROHIBITION.................................................................... 8 ARTICLE V- HOLIDAYS .................................................................................................................... 8 Section 1. Recognized Holidays ............................................................................................ 8 Section2. Holiday Pay . ......................................................................................................... 9 Section3. Holiday Work ........................................................................................................ 9 ' ARTICLEA -VACATIONS................................................................................................................. 9 Section1. Eligibility ................................................................................................................. 9 Section 2. Continuous Service . ............................................................................................ 9 Section 3. Use of accrued vacation time .............................................................................. 9 Section 4. Accrual Notification ............................................................................................. 10 Section5. Scheduling .......................................................................................................... 10 Section 6. Payment on Termination...................................................................................... 11 ARTICLE VII - HOURS OF WORK................................................................................................... 11 Section1. Workweek ........................................................................................................... 11 Section2. Hours. ................................................................................................................... 11 Section3. Work Schedules ................................................................................................. 11 Section4. Rest Periods ....................................................................................................... 12 Section5. Meal Periods ....................................................................................................... 12 ARTICLE VIII - SICK LEAVE ............................................................................................................ 12 Section1. Accumulation ...................................................................................................... 12 Section 2. Utilization for Illness or Injury ............................................................................. 12 Section 3. Integration with Workers Compensation ........................................................... 12 Section 4. Sick Leave Without Pay ..................................................:.................................. 13 Section5. Termination. ......................................................................................................... 13 2011-2014 Laborers Contract Page 2 Section 6. Compensation for Not Using Sick Leave ........................................................... 13 Section 7. Use for Family Illness........................................................................................... 13 ARTICLE IX - FUNERAL LEAVE...................................................................................................... 14 Section 1. Funeral Leave ..................................................................................................... 14 ARTICLE X - OTHER LEAVES OF ABSENCE................................................................................ 14 Section 1. Leaves of Absence Without Pay ........................................................................ 14 Section2. Jury Duty ............................................................................................................. 14 Section3. Appearances ....................................................................................................... 14 Section 4. Required Court Appearances ........................................................................... 14 Section5. Election Day ....................................................................................................... 14 Section 6. Union Business .................................................................................................. 15 Section 7. Educational Leave .............................................................................................. 15 Section8. Military Leave ..................................................................................................... 15 Section 9. Failure to Return From Leave ............................................................................ 15 ARTICLE XI - COMPENSATION ...................................................................................................... 16 Section1. Pay Schedule ..................................................................................................... 16 Section2. Pay Periods ........................................................................................................ 17 Section3. Call-Back Time ................................................................................................... 17 Section4. Overtime ............................................................................................................. 17 Section 5. Over-time Compensation ................................................................................... 17 Section6. Standby Pay ....................................................................................................... 17 Section 7. Certification-Pay................................................................................................... 17 Section8. Mileage ............................................................................................................... 18 Section 9. Working Out of Class ......................................................................................... 18 ARTICLE X11 - DISCIPLINE AND DISCHARGE............................................... ............................... 18 Section1. Discipline ............................................................................................................ 19 Section2. Discharge . .......................................................................................................... 19 ARTICLE XIII - SETTLEMENT OF DISPUTES................................................................................ 19 Section 1. Grievance and Arbitration Procedure. ................................................................ 19 Section2. Stewards ............................................................................................................. 21 ARTICLEXIV- SENIORITY.............................................................................................................. 22 Section1. Seniority .............................................................................................................. 22 Section 2. Probationary Period ............................................................................................ 22 Section 3. Promotional Probationary Period ....................................................................... 23 Section 4. Promotional Opportunities .................................................................................. 23 2011-2014 laborer's Contract Page 3 Section 5. Recall From Layoff. .............................................................................................. 23 Section 6. Temporary Employees ....................................................................................... 23 ARTICLE XV- GENERAL PROVISIONS......................................................................................... 23 Section1. No Discrimination . .............................................................................................. 24 Section 2. Bulletin Boards ................................................................................................... 24 Section 3. Visits by Union Representatives . ....................................................................... 24 Section4. Solicitation............................................................................................................ 24 Section 5. Existing Conditions .............................................................................................. 24 Section6. Rules ................................................................................................................... 24 Section 7. Other Employment ............................................................................................. 25 Section 8. Supervisory Employees ..................................:................................................... 25 Section 9. Uniforms, Protective Clothing and Devices ....................................................... 25 Section 10. Response Time Requirement . ......................................................................... 25 Section 11. Safety Committee ............................................................................................. 25 Section 12. Training Opportunities ...................................................................................... 25 Section 13. Temporary Employees ..................................................................................... 25 ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT............................................................. 26 Section 1. Health and Welfare . ........................................................................................... 26 Section 2. Insurance Committee ......................................................................................... 27 Section3. Retirement .......................................................................................................... 27 Section 4. Deferred Compensation ..................................................................................... 27 ARTICLE XVIII -WORKER'S COMPENSATION............................................................................. 27 Section 1. Worker's Compensation ..................................................................................... 27 Section 2. Supplementary Payment .................................................................................... 27 ARTICLE XIX - LIABILITY INSURANCE.......................................................................................... 27 Section 1. Liability Insurance ............................................................................................... 27 Section 2. Property Insurance ............................................................................................. 28 ARTICLE XX - SAVINGS CLAUSE AND FUNDING........................................................................ 28 Section 1. Savings Clause . .................................................................................................. 28 Section2. Funding ............................................................................................................... 28 ARTICLE XXI - TERMINATION AND REOPENING .........................................................................29 2011-2014 Laborer's Contract Page 4 AGREEMENT BETWEEN THE CITY OF ASHLAND. OREGON and DISTRICT COUNCIL OF LABORERS and LABORERS UNION LOCAL 121 PREAMBLE This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City", and Oregon, Southern Idaho District Council of Laborers International Union of North America-, AFL-CIO, hereinafter collectively referred to as the "Union" Unless indicated otherwise, references to the."City" herein shall include the Mayor and City Council or their designee(s) as the officials directly responsible for the operation of the department(s) covered by this Agreement. The purpose of this Agreement is to set forth the fall and complete Agreement between the parties on the matters pertaining to rates of pay, hours of work and other conditions of employment. SCOPE OF AGREEMENT This Agreement shall include employees of the Public Works and Cemetery Departments, Ashland, Oregon, as set forth in Appendix "A" but excluding supervisory employees, confidential employees, clerical employees, guards, part-time employees, or temporary employees. Where the term "employee" is used, it shall mean regular employees or probationary employees within the bargaining unit, as the same are defined in Article XIV hereof. The parties agree as follows: ARTICLE I — RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing rates of pay, hours of work and other conditions of employment for all employees within the bargaining unit described immediately above. 2011-2014 Laborer's Contract Page 5 ARTICLE II- UNION SECURITY AND CHECK-OFF Section 1. Union Security. The terms of this Agreement have been made for all employees in the bargaining unit and not only for the members of the Union. Accordingly, it is fair that each employee in the bargaining unit pay his/her own way and assume his/her obligation along with the grant of equal benefits. Any employee in the bargaining unit who has not joined the Union within thirty (30) days of this Agreement, or within thirty (30) days of becoming an employee, shall as a condition of employment, pay to the Union an amount equal to the uniform dues and initiation fees required of members of the Union. Any individual employee objection based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, will require such an employee to inform the City and Union of his/her objection. The employee will meet with representatives of the Union and establish a satisfactory arrangement for distribution of a contribution of an amount of money equivalent to regular Union membership dues to a non-religious charity. Section 2. Check-off for Union Members. Upon receipt of a lawfully executed authorization from an employee, the City agrees to deduct the regular monthly dues uniformly required of members of the Union, and remit such deductions by the fifteenth (15th) of the succeeding month to the official designated by the Union in writing to receive such deductions. The Union will notify the City in writing of the exact amount of such regular membership dues to be deducted. Authorization by the employee shall be on forms furnished by the City and may be revoked,by the employee upon request. Employees terminating with less than ten (10) working days in any calendar month, will not be subject to a dues deduction. Section 3. Check-off for Non-Members. A like amount in lieu of Union dues win be automatically deducted from all employees in the bargaining unit as set forth in Appendix "A" who have not signed an authorization form requesting the deduction of Union initiation fees and monthly dues. Such deduction will be remitted along with amounts deducted from Union members as set forth in Section 2. It is understood that the like amount in lieu of dues shall only be used as directed by the Constitution and By-laws of the Union and by the majority vote of the Union membership. Employees terminating with less than ten (10) working days in any calendar month will not be subject to an in lieu dues deduction. Section 4. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. Upon written notification by the Union of a check-off error, the City will make adjustments within sixty (60) days of receipt of such notification. 2011-2014 Laborers Contract Page 6 ARTICLE III - MANAGEMENT RIGHTS Union recognizes the prerogative of City to operate and manage its affairs in all respects in accordance with its responsibilities, and the powers or authority which City has not expressly abridged, delegated or modified by this Agreement are retained by City. It is understood and agreed that City possesses the sole and exclusive right to operate the City through its City Administrator and department heads and that all management rights repose in it, but such rights must be exercised consistent with the other provisions of this contract. These rights include but are not limited to the following: 1. To determine the mission of its constituent departments, commissions and boards. 2. To set standards of services. 3. To direct its employees. 4. To discipline or discharge for just cause. 5. To relieve its employees from duty because of lack of work, finances or other legitimate reasons. 6. To maintain the efficiency of governmental operations. 7. To determine the methods, means and personnel by which government operations are to be conducted; except that the City will not contract any work which is ordinarily done by its regular employees for the specific purpose of laying off or demoting such employees, and will furnish the Union with a copy of any contract entered into involving work covered by this contract. 8. To determine the content of job classifications. 9. To take all necessary action to carry out its mission in emergencies, and 10. To exercise complete control and discretion over its organization and the technology of performing its work. 2011-2014 Laborer's Contract Page 7 ARTICLE IV - STRIKE AND LOCKOUT PROHIBITION Section 1. The Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the City. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union or by any other labor organization when called upon to cross the picket line in the line of duty. Disciplinary action, including discharge may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be under-taken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City. Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in Section 1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement. Section 3. There will be no lockout of employees in the unit by the City as a consequence of any dispute with the Union arising during the period of this Agreement. ARTICLE V - HOLIDAYS Section 1. Recognized Holidays. The following shall be recognized as Holidays: New Year's Day (January 1) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Veterans' Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving Day (in-lieu of Lincoln's Birthday) Christmas Day (December 25) Whenever a Holiday shall fall on Sunday, the succeeding Monday shall be observed as a Holiday. Whenever a Holiday shall fall on Saturday, the preceding Friday shall be observed as the Holiday. If an employee is on authorized vacation, sick leave or other leave with pay when a Holiday occurs, such Holiday shall not be charged against such leave. 2011-2014 Laborers Contract Page 8 Section 2. Holiday Pay. Regular employees shall receive eight (8) hours pay for each of the Holidays listed above on which they perform no work. In order to be eligible for Holiday pay when no work is performed, an employee must work on his/her last scheduled work day prior to the Holiday and on his/her first scheduled work day immediately following the Holiday, unless the employee provides a justifiable excuse to the City. Section 3. Holiday Work. If a regular employee is required to work on any of the Holidays listed above as part of his/her regularly scheduled work week, he/she shall receive, in addition to his/her regular pay, compensation for all hours worked at his/her regular straight time rate of pay. Compensation accrued by reason of authorized work on a Holiday as provided herein shall be paid for at the straight time rate being received at the time the work was performed or given another compensatory day off at the option of the department head. If any other regular employee is required to work on a Holiday, he/she shall receive, in addition to his/her regular pay, compensation for all hours worked in accordance with call-back pay provisions set forth in Article X, Section 3. ARTICLE VI - VACATIONS Section 1. Eligibility. An employee shall be eligible to take accrued vacation leave with pay after one (1) full year of continuous service. Vacation leave shall accrue on a monthly basis. During an employee's first year of employment, the employee will accrue vacation at the rate of 80 hours of vacation per year, accrued through equal monthly accruals. Following the completion of the first full year of employment the annual vacation accrual will increase by 6 hours per every full year of continuous service completed by the employee with the City of Ashland up to a maximum annual vacation accrual cap of 184 hours. Section 2. Continuous Service.. Continuous service, for the purpose of accumulating vacation leave, shall be based on the regular hours paid to the employee. Vacation leave shall not accrue during a leave of absence without pay. Authorized leave without pay and lay-offs shall not be counted as service, however, employees returning from such leave and employees on layoff status shall be entitled to credit for service prior to the leave or layoff. Section 3. Use of accrued vacation time. Each year, an employee may use accrued vacation time to take time off or to carry forward to the next year. The following rules apply: Section 3.1. After the first year of employment, an employee can use vacation for time off as soon as the vacation time has been earned. Section 3.2. The employee must use at least 75% of his/her annual vacation accrual for time off. Example: an employee who earns 16 vacation days per year (10.67 hours per month) must take at least twelve (12) days of vacation time off during the year. 2011-2019 Laborer's Contract Page 9 Section 3.3. Vacation time that is not used for time off will carry forward to the next yea r. Section 3.4. An employee cannot accumulate at any time more vacation time than two times his/her annual vacation accrual. Example: an employee who earns 16 vacation days per year(10.67 hours per month) may accumulate up to twerty#eur thirty-two (32) days of vacation. Section 3.5. If an employee has the maximum amount of vacation accumulated, no more vacation time is earned until the employee has used some of the accumulated vacation time. Section 4. Accrual Notification. The City shall notify an employee thirty (30) days in advance of impending loss of accrued vacation time. The employee and supervisor will immediately discuss when the employee can take time off so as to avoid any loss of vacation time. If the City is unable to release the employee within that thirty day period to take vacation time off, the vacation time which exceeds the accrual maximum will, by mutual agreement between the supervisor and the employee, either be cashed out or the employee will be allowed to carry it forward until the employee can take the time off. Section 4.1 Accrual Limitations. Vacation leave must be taken by the employee within twelve (12) months following the date of eligibility, or such vacation shall be deemed forfeited. An employee who is about to lose vacation leave because of accrual limitations may, by notifying his/her supervisor fifteen (15) days in advance, absent himself/herself to prevent loss of vacation leave. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. The City shall notify an employee thirty (30) days in advance of impending loss of accrued vacation time. No payment shall be made for vacation leave lost by an employee because of accrual limitations, unless the failure to take vacation is caused by the City's insistence that the employee be at work during a scheduled vacation period. .. Section 5. Scheduling. Employees shall be permitted to request vacation on either an entire basis, or split into increments of not less than one-working day. Vacation times shall be scheduled based on the head of the department's judgment as to the needs of efficient operations and the availability of vacation relief. Accordingly, the City will not guarantee that vacation times selected by the Street Division crew during the last two weeks of June, and the last two weeks of August or September will be granted. Subject to the foregoing, employees shall have the right to determine vacation times. Vacation times shall be selected on the basis of seniority; provided, however, that each employee will be permitted to exercise his/her right of seniority only once annually. The vacation schedule for the period of May 1 to April 30, shall be posted annually as of April 1 and employees shall exercise their choice by bidding in seniority_E^ s of 2011-2014 Laborer's Contract Page 10 tomes' The list shall be closed as of April 30 and subsequent changes shall be made only by mutual consent between the employee and the City. Scheduling of vacation periods to the extent consistent with operating requirements of the City and vacation credits of the employee, shall be in daily units. If an employee's choice for a vacation period is restricted by the City because of the necessity to complete work in a given time period, or with the supervisor's approval, then that employee may accumulate and carry over five (5) working days of vacation time into a subsequent year. Section 6. Payment on Termination. In the event of the death or termination of an employee during the initial twelve (12) months of his/her employment, no payment in lieu of vacation shall be made. In the event of death or termination of employment after an employee has served for twelve (12) months, and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued vacation leave at the rate of the date of eligibility. In the event.of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. ARTICLE VII - HOURS OF WORK ° Section 1. Workweek. The workweek, to the extent consistent with operating requirements of the departments covered by this Agreement, and recognizing the necessity for continuous service by such departments throughout the week, shall consist of five (5) consecutive days as scheduled by the Department Heads or other responsible authority. Section 2. Hours. a. Watef Treatment plant operators shall be scheduled for eight (8) consecutive hours (including 1/2 hour for a meal period) which shall be paid. Water Treatment Plant operators may be scheduled for ten (10) hour shifts. The regular hours of all other employees shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period which shall not be paid. In addition, any other regular employee who is scheduled to work a shift which begins prior to 6:00 am., or a shift which ends after 10:00 p.m., shall be scheduled for 8 consecutive hours, including 1/2 hour for a meal period which shall be paid. MwFs. The parties agree to submit it the i6sue raised iR the UR mio 'proposal to the BeaFd of Adjustment fGF GGRGideFatieR. The Board will'I pFeseRt Wation to the paFtieG on eF before Apr'! 1, 1993. The Be Rot applyjo this Section 3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, 2011-2014 Laborers Contract Page 11 workdays and hours shall be posted on department bulletin boards. Except for emergency situations and for the duration of the emergency, changes in work schedules shall be posted seven (7) days prior to the effective date of the change. Section 4. Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to the operating requirements and each employee's duties. Rest periods may be taken at a place of the employee's choosing provided no more than the allotted time is used and no City vehicles are used for transportation to or from such place. Section 5. Meal Periods. To the extent consistent with operating requirements of the respective departments, meal periods shall be scheduled in the middle of the work shift. Meal periods may be taken at a place of the employee's choosing, provided no more than the allotted time is used and no City vehicles are used for transportation to or from such place. ARTICLE VIII - SICK LEAVE Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein by each eligible employee at the rate of eight (8) hours for each full calendar month of service. No new sick leave credit may be accrued after the first thirty (30) calendar days on sick leave resulting from an injury incurred in the course of employment. Sick leave may be accumulated to a total of nine hundred sixty (960) hours and must be taken for the purposes specified in Section 2 hereof as a condition precedent to any sick leave payment. Section 2. Utilization for Illness or Iniufy. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or other supervisor of absence due to illness or injury, the nature and expected length thereof, as soon as possible prior to the beginning of his/her scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. A physicians statement of the nature and identity of the illness, the need for the employee's absence and the estimated duration of the absence may be required at the option of the City for absences of over two days prior to payment of any sick leave benefits or prior to allowing the employee to return to work. A physicians s statement may be required as a prerequisite to payment of sick leave for less than three (3) days if the employee has been advised in advance of such requirement. Section 3. Integration with Worker's Compensation. When an injury occurs in the course of employment, the City's obligation to pay under this sick leave article is limited to the difference between any payment received under Worker's Compensation laws and the employee's regular pay. In such instances, pro rated charges will be made 2011-2014 Laborers Contract Page 12 against accrued sick leave for the first thirty (30) calendar days in proportion to the City's contribution to the employee's daffy wage. Thereafter, full charges will be made against accrued sick leave until such sick leave is exhausted, after which time the only compensation will be Workmen's Compensation benefits, if any. Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the City for the remaining period of disability after accrued sick leave has been exhausted. The City may require that the employee submit a certificate from a physician periodically during the period of such disability, and before returning to work. Section 5. Termination. Sick leave is provided by the City in the nature of insurance against loss of income due to illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his/her death or termination of employment, except that upon retirement, accumulated sick leave will be applied to retirement as provided in ORS238.153. Sick leave shall not accrue during any period of leave of at3sease without pay. Section 6. Compensation for Not Using Sick Leave. Employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to employee's cumulative sick leave balance or converted to accrued vacation at the option of the employee. Section 7. Use for Family Illness. A. An employee .may be granted F leave fe #1!k-�pleyee to care for an ill or injured family member in accordance with applicable federal and state Family & Medical Leave Laws. . r.. .. , , s S. Me� vv I Leave (C I A) n aaIify n y event that requires the Y,. Ni.YYY V ab v. Tro . fel, ad-d-itai-iiial paid 6iGk leave. Upon appFoyal_ by the, M!'!Fn _e !` In }he-- \sen} }h t ;a 'A.\..er of r .+}fnn of leave i e .}e.d the o nle\.ee Fn }-{' } t_ .-...\-- --...e, Vu,u\,V„ . leave ,n n m , For the purpose of this Section, family member shall include any family member recognized under the Oregon and/or Federal Family and Medical Leave Acts. 2011-2014 Laborer's Contract Page 13 ARTICLE IX - FUNERAL LEAVE Section 1. Funeral Leave. An employee may be granted three (3) days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, brother-in-law, sister-in-law; mother-in-law, father-in-law, grandparents and grandparents-in-law: The employee will be paid his/her regular hourly rate for any such days of excused absence which occur only during his/her assigned workweek. An additional two (2) days may be granted if the funeral is over 750 miles from Ashland, one way. ARTICLE X - OTHER LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pa v. Leaves of absence without pay not to exceed one (1) year may be granted upon establishment of reasonable justification and where it is determined that the operation of the department and/or division win not be negatively impacted by the temporary absence of the employee. Requests for such leaves must be in writing and submitted to the Department Head 30 days prior to the requested leave date. Section 2. Jury Duty. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received by him/her for such jury service, and upon being excused from jury service for any day an employee shall immediately contact his/her supervisor for assignment for the remainder of his/her regular workday. Section 3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation he/she may receive as witness fees. Section 4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. Section 5. Election Da v. Employees shall be granted two (2) hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. 2011-2014 Laborer's Contract Page 14 Section 6. Union Business. Employees elected to any legitimate full-time paid Union office which takes them from their employment with the City, shall upon written request of the Union and the employee, be granted a leave of absence of up to one (1) year without pay, renewable upon application. Employees selected by the Union to attend conventions and related Union activities, shall upon written request of the Union and the employee, be granted a leave of absence of up to thirty (30) days without pay. Section 7. Educational Leave. After completing one (1) year of continuous service, an employee, upon written request may be granted a leave of absence without pay by the City for the purpose of upgrading his/her professional ability through the enrollment in educational courses directly related to employment at an accredited school or course of study. The period of such leave of absence shall not exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the department head. One-year leaves of absence, with requested extensions, for educational purposes-may not be provided more than once in any three (3) year period. His/her replacement shall be considered a temporary employee. Employees may also be granted time off with pay for educational purposes for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training program , and other programs of a similar nature that are intended to improve or upgrade the employee's skill and professional ability, when ordered by the employee's department head. Section 8. Military Leave. Military leave shall be granted in accordance with Oregon Revised Statutes. Section 9. Failure to Return From Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his/her position with the City, and his/her position shall be declared vacated; except and unless the employee, prior to the expiration of his/her leave of absence, has furnished evidence that he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond his/her control. 2011-2014 Laborer's Contract Page 15 ARTICLE XI - COMPENSATION Section 1. Pay Schedule. Employees shall be compensated in accordance with the pay schedule attached to this Agreement and marked Appendix "B" which is hereby incorporated into and made a part of this Agreement. When any position not listed on the pay schedule is established, the City shall designate a job classification and pay rate for the position. The Union shall be notified and the pay rate established by the City shall be considered tentative until the Union has been afforded the opportunity to meet and discuss the matter. If the Union does not agree that the classification or pay rate is proper, the Union may submit the issue as a grievance according to the grievance procedure. The Following Wage Rate Increases shall be applied: ---- _ ..._._.. _ wage !!!e *..,e i.,r.; niia n e ph a p—loy-e-e-`i.. the baFg ,ini ng nit shall F wage Effectrye.July 1, 201;1 the City wills • Implement new job.classification titles and salary changes based on'a -1 comprehensive classification and compensation study conducted by the Gtya Employees injob classifications identified as under market will be advancedto a step in the nevJ salary,range fortheir position that offers a,salary increase Employees wtio are over market will not'suffer a loss in pay, but rathe_r vriIVbe frozen at current rate until the market catches up to their salary. • Increase City contribution into HRA-VEBAby 1% for each member:of the _ bargaining unit_:` Effective July 1, 2012 and 2013: The'City and'umon agree to apply 2% to the salary schedule forall positions in-the bargaining'unit. After he addition of 2%, any position that is still above market,,,* I continue to-be frozemuintil the market adjusts. If the CPI is 3.5% or higher per the US CPI-W, previous years March to ,March average, both parties agree to re-ope_n 2011-2014 Laborers Contract Page 16 negotiations under,Article X_I__to__negotiate the wage increase to take effect on July 1 of that year. In the event that the City grants or negotiates a VEBA contribution of more than 2% to any other employee group at the City during the life of this contract, the City agrees to apply the same HRA-VEBA contribution, at the same time, to members of-the Laborer's Union: Section 2. Pay Periods. Paydays shall be on the Friday following the close of each pay period. Section 3. Call-Back Time. Employees called back to work shall receive overtime pay with a guaranteed minimum of one (1) hour at double time for the work.for which they are called back. This section applies only when call-back results in hours worked which are not annexed consecutively to one end or the other of the working day or working shift. This section does not apply to scheduled overtime, call-in times annexed to the beginning of the work shift, or hold-over times annexed to the end of the work shift or work day. Section 4. Overtime. The City has the right to assign overtime work as required in a manner most advantageous to the City, and consistent with the requirements of municipal service and the public interest. Employees shall be compensated at the rate of two (2) times the regular rate for overtime work under the following conditions, but in no event shall such compensation be received twice for the same hours: (a) All assigned work in excess of eight (8) hours on any scheduled workday. (b) All assigned work in excess of -forty (40) hours in any workweek. Section 5. Over-time Compensation. Overtime may be paid in the form of compensatory time off at the applicable rate, subject to the approval of the Department Head or designated supervisor. All overtime shall be recorded by the employee and must be approved by the Department Head or designated supervisor in advance. The employee must designate whether he/she desires pay or compensatory time off on the time sheet reporting the overtime worked. Compensatory time shall be accrued on an annual basis from December 1 to November 30 with any amount unused at November 30 to be compensated as pay on the first pay check of December. Accrued compensatory time shall not exceed twenty (20) hours which represents forty (40) hours of straight time. However, at the option of the employee, up to twenty (20) hours (40 hours of straight time) may be carried forward for use in the next year, rather than being cashed out in December. Section 6. Standby Pa v. Standby pay shall be 6% of an employee's regular monthly. rate. If a holiday occurs during such period, an additional 3% of the employee's regular monthly rate shall be paid to such employee. Section 7. Certification-Pay. 2011-2014 Laborers Contract Page 17 Certification pay will be added as follows: (1) Mechanic — more than 2 certification, but less than 6 = $0.25 per hr. (a) Master Mechanic Certification - $0.50 per hr. (2) Water/ Waste Water— (a) # II Certification = $0.25 per hr. (b) # III Certification = $0.35 per hr. (c) # IV Certification = $0.50 per hr. (3) Back—Flow Certification Required by the City (Inspector Certification or Testing Certification (a) Any one of these certification = $0.35 per hr. (b) Both certifications = $0.50 per hr. (4) Building Maintenance Certification = $0.25 per hr. (5) Pesticide Certification Required by the City = $0.35 per hr. (6) Erosion Control Certification = $0.25 per hr. (7) Pre-Need Sales Certification = $0.25 per hr. (Limited to two employees actively working in the Cemetery Division.) Employees currently receiving certification pay through grandfathered provisions will receive the above certification pay in lieu of and not in addition to the certification pay they are currently receiving. Employees may receive pay for more than one certification, but pay for combined certifcations may not exceed $0.50/hr. To be eligible for certification pay, an employee must obtain prior approval from his or her supervisor. Section 8. Mileage. An employee required to report for special duty or assignment at any location other than his/her permanent reporting location and who is required to use his/her personal automobile for transportation to such location shall be compensated at the mileage reimbursement rate established annually by the IRS. Section 9. Working Out of Class. Whenever an employee is required to work in a higher job classification he/she shall receive an additional 5% for the next higher classification, 10% for a two classification upgrade and 15% for a three classification upgrade for the actual hours worked in the higher classification. ARTICLE XII - DISCIPLINE AND DISCHARGE 2011-2014 Laborers Contract Page 18 Section 1. Discipline. Disciplinary action may include the following: (a) Oral reprimand. (b) Written reprimand. (c) Demotion. (d) Suspension. (e) Discharge. Disciplinary action may be imposed upon any employee for failing to fulfill his/her responsibilities as an employee. Conduct reflecting discredit upon the City or department, or which is a direct hindrance to the effective performance of City functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct abuse of sick leave, inefficiency, incompetence, insubordination, misfeasance, malfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment willful violation of departmental rules or for political activities forbidden by State law. Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. Written reprimands shall not be kept in an employee's file longer than 12 months unless there is a similar disciplinary problem during this time. Oral reprimands shall not be protested through the grievance procedure. If the Department Head or other supervisor has reason to discipline an employee, he/she shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. Section 2. Discharge. An employee having less than twelve (12) months continuous . service shall serve at the pleasure of the City. An employee having continuous service in excess of twelve (12) months shall be discharged only for cause. If the department head or other supervisor determines that there is cause for discharge, he/she shall suspend the employee without pay for five (5) calendar days and shall deliver to the employee and the Union a written notice of such suspension and pending dismissal. Such notice shall specify the principal grounds for such action. Unless otherwise resolved, the dismissal shall become effective at the end of the five-day suspension. Protest of the discharge of any regular employee shall be made only through the grievance procedure set forth in Article XIII. The Union may process a grievance concerning suspension or discharge, or both, at Step 11 of the grievance procedure. ARTICLE XIII - SETTLEMENT OF DISPUTES Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step I. The affected employee shall take up the grievance or dispute with the employee's division head or supervisor within seventy-two (72) hours of its occurrence, 2011-2014 Laborer's Contract Page 19 excluding Saturday and Sunday. Such employee may be accompanied by the Steward, if he/she so desires. The division head or supervisor shall then attempt to adjust the matter within three (3) working days. Step II. If the grievance has not been settled between the affected employee and the division head or supervisor, it may be presented in writing by the Union Business Manager or his/her designee to the Director of Public Works within seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is due. The written notice shall include details of the grievance, the section of this Agreement allegedly violated and the specific remedy requested. The Director of Public Works shall respond to the Union representative in writing within five (5) working days after receipt thereof. Step Ill. Board of Adjustment If the grievance is not resolved at Step II, it shall be referred to a Board of Adjustment by written notice which is served on the City within five (5) working days after the failure to resolve the grievance at Step II or within five (5) working days after expiration of the time limit applicable to that step. Failure to serve timely notice of referral to the Board of Adjustment shall constitute a waiver of the grievance. The Board of Adjustment shall consist of two (2) representatives appointed by the City and two (2) representatives by the Union. None of these four (4) shall be a City employee. The Board shall hear the matter at a mutually convenient time and place within ten (10) working days following written referral to the Board of Adjustment. Upon hearing the matter, the Board shall issue a written decision signed by the members within twenty-four (24) hours. The majority of the Board of Adjustment shall determine the matter, and such decisions shall be final and binding on all parties - the City, the Union and the grievant or grievants. Each member of the Board of Adjustment shall be entitled to one (1) vote. In the event the Board of Adjustment is deadlocked, such result will be noted in writing. The parties may, by mutual agreement, waive submission of a grievance to the Board of Adjustment. Step IV. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator or his/her designee, within five (5) working days after the Board of Adjustment's action. The City Administrator or his/her designee shall respond in writing to the Union within five (5) working days. Step V. If the grievance is still unsettled, either party may, within ten (10) days after the reply of the City Administrator is due, by written notice to the other, request arbitration of the dispute under Step IV hereof. Step VI. If the grievance is still unsettled, either party may within ten (10) days of the decision of the City Administrator or his/her designee(s) under Step V have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable to agree upon an arbitrator, the Oregon State Conciliation Service shall be requested to submit a list of five names. Both the City and the Union 2011-2014 Laborer's Contract Page 20 shall have the right to strike two names from the list. The party requesting arbitration on shall strike the first name and the other party shall then strike one name_. The process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a prehearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a-decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the agreement, but shall be limited to consideration of the particular issue(s) presented to him/her. His/her decision shall be based solely upon his/her interpretation of the meaning and application of the express language of the agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating his/her own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the transcript of all copies. If any grievance is not presented or forwarded by the employee or Union within the time limits specified above, such grievance shall be deemed waived. If any grievance is not answered by the City within the time limits specified above, such grievance and the remedy requested shall be deemed granted. Section 2. Stewards. Employees selected by the Union to act as Union representatives shall be known as "Stewards" and shall not exceed three_(3)twe{2) in number. The names of the employees selected as Stewards, and the names of local Union representatives, state council or international representatives who may represent employees, shall be certified in writing to the City by the Union. Duties required by the Union of Stewards, excepting attendance at meetings with supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section hereof, shall not interfere with their or other employees' regular work assignments as employees of the City. Contacts between Stewards and employees or the Union shall be made outside working hours so as not to disrupt regular City operations. Business agent or designee may place phone calls to Steward during work hours, the Steward will return such calls while on break or lunch and this practice will not be abused. 2011-2014 Laborers Contract Page 21 ARTICLE XIV - SENIORITY Section 1. Senioritv. Seniority shall be an employee's length of continuous service with the bargaining unit, dating from his/her last date of hire, and shall apply by job classification within his/her division in the matter of layoff, recall and vacation. In the event of a layoff, such employee may exercise his/her seniority in a lower job classification within his/her division as long as he/she is qualified to perform the work of the lower job classification. Recall from a layoff shall be in the reverse order of seniority. The City reserves the right to layoff out of order of seniority and the employment relationship shall be broken or terminated if an employee (1) quits; (2) is discharged for just charge; (3) is absent from work for two consecutive working days without notification to the employee's supervisor by the employee; (4) is laid off and fails to report to work within three days after being recalled; (5) is laid off from work for any reason for 24 months, or for a period of time equal to his/her seniority, whichever is shorter; (6) fails to report for work at the termination of a leave of absence; (7) if while on a leave of absence for personal health reasons, accepts other employment without permission; or(8) if he/she is retired. Section 1.1 Suspension of Seniority. Seniority shall be retained but shall not continue to accrue during (1) authorized sick leave or disability leave in excess of thirty (30) calendar days; (2) educational leave requested by the employee; (3) military leave for disciplinary reasons; (4) election to a full-time paid Union office up to one (1) year, renewable upon application; (5) other authorized leaves of absence up to thirty (30) calendar days; and (6) promotion to a supervisory position outside of the bargaining unit for six (6) months. Section 1.2 Accrual of Senioritv. Seniority shall continue to accrue during (1) authorized sick leave or disability leave up to thirty (30) calendar days; (2) vacation leave; (3) educational leave required by the City; (4) military leave as specified in Article X; (5) funeral leave; (6) holiday leave; (7)jury duty; and (8) compensatory time off. Section 2. Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of twelve (12) full months after which he/she shall be considered a regular employee and granted seniority to the last date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason and to exercise all rights not specifically modified by this Agreement with respect to such employees including, but not limited to, the shifting of work schedules and job classifications, the assignment of on-the-job training, cross-training in other classifications, the assignment of educational courses and training programs and the request that such employees attend training programs on their off-duty time. Termination of a probationary employee shall not be subject to the grievance procedure under Article XI 11; 2011-2014 Laborers Contract Page 22 Section 3. Promotional Probationary Period. Regular employees promoted into a higher classification shall serve a promotional probationary period of six (6) months. The City may extend probation for six (6) months. Any extension beyond twelve (12) months would require mutual consent by the Union and the City. The Union also recognizes the right of the employer to demote an employee on promotional probationary status to his/her previous position. Demotion of an employee on promotional probationary status shall be subject to the grievance procedure under Article XIII. Section 4. Promotional Opportunities. The City and the Union recognize that promotions from within the divisions increase productivity and morale. The City and the Union also recognize the affirmative action policy of the City that all job opportunities shall be advertised both within and without the City service pursuant to the Federal Equal Opportunity Act of 1972 and Presidential Executive Order 11246. To this end, training will be provided as specified in Article XV, Section 13, and all job opportunities shall be posted. At the option of the City, promotional job opportunities may be advertised only within the City. Any decision made by the City regarding this option is not grievable. If two or more present employees who apply for the vacancy are equally qualified, seniority shall govern. If a present employee and an outside applicant are equally qualified, the present employee shall receive the appointment. Employees who are promoted shall not suffer a reduction in wages. The City shall be the judge of an employee or applicant's qualifications. Section 5. Recall From Layoff. Recall from layoff exceeding five (5) workdays shall be by certified letter sent to the employee at his/her last known address furnished to the City by the employee. The City may use any other means to return an employee sooner. Section 6. Temporary Employees. If any regular bargaining unit employees are on a layoff status, temporary employees shall not be used to supplant the duties previously performed by such regular employees, provided such regular employees are qualified. ARTICLE XV - GENERAL PROVISIONS 2011-2014 Laborer's Contract Page 23 Section 1. No Discrimination. The provisions of this Agreement shall be applied ' equally to all employees in the bargaining unit without discrimination as to race, creed, color, sex, age or national origin. The Union shall share equally with the City the responsibility for applying the provisions of this Section. All references to employees in this Agreement designate both sexes and, wherever the male gender is used, it shall be construed to include male and female employees. Employees shall have the right to form, join and participate in the activities of the Union or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the City or Union by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent himself/herself in individual personal matters. Section 2. Bulletin Boards. The City agrees to furnish and maintain a suitable bulletin board in a convenient place in the work or assembly area to be used by the Union. The Union shall limit its postings of Union notices and bulletins to such bulletin board, which shall be used only for the following Union notices and bulletins: a. Recreational and social affairs of the Union. b. Union meetings. C. Union elections. - d. Reports of Union committees. e. Rulings or policies of the International Union. Section 3. Visits by Union Representatives. The City agrees that accredited representatives of the District Council of Laborers and Laborers Union, Local #121, upon reasonable and proper introduction, may have reasonable access to the premises of the City at any time during working hours for the purpose of assisting in the. administration of this agreement. Section 4. Solicitation. The Union agrees that its members will not solicit membership in the Union or otherwise carry on Union activities during working hours, except as specifically provided in this Agreement. Section 5. Existing Conditions. Only such existing and future work rules and benefits as are specifically covered by the terms of this Agreement shall be affected by recognition of the Union and the execution of this Agreement. It is further agreed that if modification of work rules or benefits covered by a specific provision of this Agreement is proposed, any such modification shall be posted prominently on all bulletin boards for a period of seven (7) consecutive days prior to implementation. Section 6. Rules. It is jointly recognized that the City must retain broad authority to fulfill and implement their responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement, or is 2011-2014 Laborers Contract Page 24 contrary to the provisions of Oregon State Law. All work rules which have been, or shall be reduced to writing, will be furnished to the Union and to affected employees. Section 7. Other Employment. Outside employment shall be permitted only with the express prior written approval of the City. Section 8. Supervisory Employees. It is understood that supervisory employees not covered under this Agreement shall not perform work within the jurisdiction of the Union except in the case of an unforeseen emergency, or for purposes of instruction or training, or where the complement of regular employees is temporarily reduced by reason of absence of any employee due to illness or other legitimate reasons, or where the work load is temporarily increased. Section 9. Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing, or use any type of protective device, such article shall be provided, maintained and cleaned by the City, if exposed to chemical or biohazard that require special cleaning. Employees may be provided with routine clothing items such as shirt s,'jackets or hats imprinted with the City's logo for easy identification in the field; however, cleaning and maintenance of routine clothing items shall be the responsibility of the employee unless special cleaning is required as described above. The City will continue to honor any agreements made with employees prior to_7/1/2011regarding the cleaning of non-protective clothing items. Employees may receive reimbursement of up to $100 every other year, maximum of $200 per contract period, toward the cost of the purchase or repair of protective footwear. Lost articles or damage to articles due to negligence shall be reimbursed to the City by the employee. The City shall provide a safe place for the storage of such articles. Failure of an employee to wear such required uniform, protective clothing, or use such protective devices as prescribed by the City shall be cause for disciplinary action as set forth in Article XI hereof. Section 10. Response Time Requirement. All regular employees regularly assigned to standby status shall establish their residence to enable them to report for emergency duty within forty (40) minutes of notification, including get ready time and travel time. New employees shall establish their residency within a forty (40) minute response time within six (6) months of date of hire. Section 11. Safety Committee. The City and Union will comply with all state and federal laws on this subject., Section 12. Training Opportunities. On-the-job training may be provided by the City as time and the work load permit. Section 13. Temporary Employees. Temporary employees shall not be used in such a way as to negate the purpose and intent of ARTICLE XV- GENERAL PROVISIONS Section 12. Training Opportunities relating to the operation of heavy equipment. 2011-2014 Laborer's Contract Page 25 ARTICLE XVI - HEALTH, WELFARE AND RETIREMENT Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95%) of the premium for employee and/or family coverage through the term of this agreement for the following health and welfare plans. The employee agrees to pay five percent (5%) of the premium, to be deducted from the employee's check through regular payroll deductions. The parties recognize this agreement is to provide the insurance plans. Plan benefits are subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on the annual plan benefit adjustments. In the event the plan is no longer offered then both Union and City of Ashland shall mutually agree on a new plan. (a) PacificSource Health Plan comparable to Blue Cross/Blue Shield of Oregon Plan V-B Participating Provider Health Insurance with a $200 Deductible — employee and family coverage. Effeetive January 1, 2009, the uRien agFees to Ghange to Blue 'nSUFaRGe with a $200 deductible. Effective January 1, 2009, the City agrees to contribute 1% of salary for each member of the bargaining unit into an HRA-VEBA Program. This contribution shall continue for the duration of the contract. , Effective July 1, 2011, the City agrees to contribute an additional 1% (2% total contribution) of salary for each member of the bargaining unit into an HRA-VEBA program for-the duration of the contract, (b) PacifcSource Dental Plan comparable to Oregon Dental Service (ODS) Dental Insurance Plan III',-employee and family coverage, or Willamette Dental Plan. (c) Pacific Source Vision Plan comparable to Vision Services Plan(VSP)- employee and familycoveragei (d) Life Insurance - employee ($10,000) and dependent ($1,000) coverage. (e) Long Term Disability Insurance - employee only. (f) City paid reimbursement for routine physical exams for employee/dependents, if such coverage is not provided: Ages 2-18 Once every 3 years up to $100 Ages 19-34 Once every 5 years up to $175 Ages 35-59 Once every 2 years up to $175 Ages 60+ Once every year up to $175 2011-2014 Laborer's Contract Page 26 (g) City paid reimbursement for routine well-baby care, if such coverage is not provided, to include first in-hospital exams; six doctor's office exams the first year; three exams the second year up to $100 each exam (above includes exam and x-ray expenses). (h) $30.00 per month shall be contributed by the City to the Deferred Compensation plan of employee's choice whether the employee elects to contribute his or her personal funds to the plan or not. This contribution recognizes benefit concessions made in prior negotiations that were intended to go toward annual insurance deductible cost. (i) Pre-tax flexible spending account options for eligible health and dependent care expenses Section 2. Insurance Committee.. The Union and the City jointly recognize the escalating cost of Health and Welfare insurance and services. In an effort to control costs and provide the maximum benefits possible, the City will establish an employee- based benefits committee, with one member appointed by the bargaining unit. The committee will meet at the option of either the City or the Union, will review insurance options and make recommendations related to controlling costs. Section 3. Retirement. The City agrees to maintain the existing retirement plan and to pay the employee's contribution of 6% for all employees governed by the agreement. Section 4. Deferred Compensation. The City agrees to contribute $15.00 per month in matching funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA)..This program is at the option of the member and contingent upon a minimum $15.00 per month contribution paid by the member. ARTICLE XVIII - WORKER'S COMPENSATION Section 1. Worker's Compensation. All employees will be insured under the provisions of the Oregon State Worker's Compensation Act for injuries received while at work for the City. Section 2. Supplementary Payment. Compensation paid by the City for a period of sick leave also covered by worker's compensation shall be equal to the difference between worker's compensation pay for lost time and the employee's regular pay rate. ARTICLE XIX - LIABILITY INSURANCE Section 1. Liability Insurance. The City shall purchase liability insurance to the limits set forth in ORS 30.270 for the protection of all employees covered by this Agreement 2011-2014 Laborer's Contract Page 27 against claims against them incurred in or arising out of the performance of their official duties. The premiums for such insurance shall be paid by the City. Section 2. Property Insurance. The City carries catastrophic coverage for property losses, including to employee property, resulting from fire and other catastrophes. In addition, the City will reimburse replacement costs (to the extent those costs are not covered by other insurance) if all or most of a mechanic's personal work tools are stolen from City property. To obtain reimbursement under this section, the mechanic must maintain an accurate inventory of the tools which has been provided to the City in advance of the theft, a crime report must be filed with the local police, and the mechanic must not be in any way involved in the theft. ARTICLE XX - SAVINGS CLAUSE AND FUNDING Section 1. Savings Clause Should any provision of this Agreement be subsequently declared by the proper legislation or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. Funding. The parties recognize that revenue needed to fund the wages and benefits provided by this Agreement must be approved annually by established budget procedures and in certain circumstances by vote of the citizens of the City. All such wages and benefits are therefore contingent upon sources of revenue and, where applicable, annual voter budget approval. The City has no intention of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages and benefits provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof. 2011-2014 Laborer's Contract Page 28 ARTICLE XXI - TERMINATION AND REOPENING This Agreement shall be effective July,1, 2011, and shall remain in full force and effect until the 30th day of J Nit;14; and shall terminate all prior agreements and practices, and concludes all collective bargaining during the term of this Agreement. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing not later than 180 days prior to the expiration or subsequent anniversary date that it wishes to modify the Agreement for any reason. Such notification shall include the substance of the modification and the language with which such desired modifications are to be expressed. APPROVED: CITY OF ASHLAND ASHLAND CITY COUNCIL By By Martha Bennett, City Administrator John Stromberg, Mayor Date Date L.I.U.N.A. Local No. 121 By Date Rocky King By Date Kyle Estes By Date Jeff Gritz Oregon Southern Idaho District Council of Laborers By Date 2011-2014 Laborers Contract Page 29 Appendix "A" Job Classificatwns_In the Bargaining Unit Cemetery Sexton lzesater/AgappiRg Mechanic Senior-Ghie�Mechanic Meter Reader/Repair Wastewater Treatment Plant Operator Senior Wastewater Treatment Plant Operator Utility Worker I Utility Worker II !Utility VVOFkeop-Senior Utility Worker n Utility Technician Water Qua it Technician Water Treatment Plant Operator I, II Senior Water Treatment Plant Operator ___ _ _------- _ 4_ -- --------- (*) Indicates Flexible Staffing Option -Thee City can hire a I or a II base on operational needs, and promote__I to II_without a_comp etitive-process.: 2011-2014 Laborer's Contract Page 30 Appendix "B" Salary Schedule Implementation of Class/Comp Study Recommendations HOUR MONTH ANNUAL SALARY RANGE ASSIGNMENT NEW JOB CLASSIFICATION Unfilled lob Class First 6 Months $15.7752 $2,734.36 $32,812 Next 12 Months $16.5639 $2,871.07 $34,453 Next 12 Months $17.5578 $3,043.34 $36,520 Next 12 Months $18.6112 $3,225.94 $38,711 Rate Thereafter $19.5418 $3,387.24 $40,647 Utility Worker I First 6 Months $16.5639 $2,871.07 $34,453 Next 12 Months $17.3921 $3,014.63 $36,176 Next 12 Months $18.4357 $3,195.51 $38,346 Next 12 Months $19.5418 $3,387.24 $40,647 Rate Thereafter $20.5189 $3,556.60 $42,679 Unfilled lob Class First 6 Months $17.3921 $3,014.63 $36,176 Next 12 Months $18.2617 $3,165.36 $37,984 Next 12 Months $19.3574 $3,355.28 $40,263 Next 12 Months $20.5189 $3,556.60 $42,679 Rate Thereafter $21.5448 $3,734.43 $44,813 Utility Worker II First 6 Months $18.2617 $3,165.36 $37,984 Next 12 Months $19.1748 $3,323.63 $39,884 Next 12 Months $20.3253 $3,523.05 $42,277 Next 12 Months $21.5448 $3,734.43 $44,813 Rate Thereafter $22.6221 $3,921.15 $47,054 1 . ,7 Meter Reader/Repairer Water Treatment Plant Op 1 (1) First 6 Months $19.1748 $3,323.63 $39,884 Next 12 Months $20.1336 $3,489.81 $41,878 Next 12 Months $21.3416 $3,699.20 $44,390 Next 12 Months $22.6221 $3,921.15 $47,054 Rate Thereafter $23.7532 $4,117.21 $49,407 2011-2014 Laborer's Contract Page 31 17 Senior Utility Worker(Previously Utility Worker 111)(4) Mechanic(5) First 6 Months $20.1336 $3,489.81 $41,878 Next 12 Months $21.1402 $3,664.30 $43,972 Next 12 Months $22.4087 $3,884.16 $46,610 Next 12 Months $23.7532 $4,117.21 $49,407 Rate Thereafter $24.9408 $4,323.07 $51,877 Senior Mechanic(Previously Chief Mechanic) Water Treatment Plant Op II'(1) Wastewater Treatment Plant Operator(2,3,7) First 6 Months $21.1402 $3,664.30 $43,972 Next 12 Months $22.1972 $3,847.51 $46,170 Next 12 Months $23.5291 $4,078.37 $48,940 Next 12 Months $24.9408 $4,323.07 $51,877 Rate Thereafter $26.1879 $4,539.22 $54,471 Cemetery Sexton Utility Technician(Previously Utility Worker IV) First 6 Months $22.1972 $3,847.51 $46,170 Next 12 Months $23.3071 $4,039.89 $48,479 71 Next 12 Months $24.7055 $4,282.28 $51,387 Next 12 Months $26.1879 $4,539.22 $54,471 Rate Thereafter $27.4972 $4,766.18 $57,194 Senior Water Treatment Plant Op(Previously Water treatment Plant Op 111) CPSRANGE9 Water Quality Technician Senior Wastewater Treatment Plant Operator(Previously Wastewater Treatment Plant Lead Operator) First 6 Months $23.3071 $4,039.89 $48,479 Next 12 Months $24.4724 $4,241.88 $50,903 Next 12 Months $25.9408 $4,496.40 $53,957 Next 12 Months $27.4972 $4,766.18 $57,194 Rate Thereafter $28.8721 $5,004.49 $60,054 'PLEASE NOTE: Hourly rates are accurate to 4 decimal places. A Monthly wage is provided as an approximate salary, but actual monthly earnings may differ from those quoted above. (1)All rates include 25 cents per hour for state required Level II Certification. (2)All rates include 35 cents per hour for state required Level III Certification. (3)Add 15 cents per hour for employees currently receiving certification pay for state Level IV Waste Water Treatment Certification. (4)Plus$1.00 per hour when assigned Lead Worker responsibilities. (5)Includes 20 cents per hour for required I&M Certification. (7)Plus$1.00 per hour or the rate the employee received as of June 30,2001,whichever is greater,when performing Lead Operator responsibilities. ' 2011-2014 Laborers Contract Page 32 (Page intentionally left blank) 2011-2014 Laborers Contract Page 33 CITY OF ASHLAND Council Communication Approval of a Contract Amendment to the Laurel Street Sidewalk Improvement Project Meeting Date: August 16, 2011 Primary Staff Contact: James H. Olson Department: Public Works/Engineering E-Mail: olsoninashland.or.us Secondary Dept.: Finance Secondary Contact: Morgan Waymann Approval: Martha Bennett 16w Aw`"' Estimated Time: Consent Agenda Question: Will the Council approve a $51,859.81 (39.6 percent increase) amendment to the existing contract with DeVore Electric and Construction Co. for construction of the Laurel Street Sidewalk Improvement Project? Staff Recommendation: Staff recommends that the Council approve a $51,859.81 amendment to the existing contract with DeVore Electric and Construction Co. for construction of the Laurel Street Sidewalk Improvement project. This extra cost constitutes additional work that staff directed the contractor to complete; improving adjacent street conditions. Background: The Laurel Street Sidewalk Improvement Project No. 2006-18 is now complete and all final costs have been computed and tabulated. The final cost includes a number of extra work items that have been authorized and approved by engineering staff and have been completed by the contractor, but not yet paid for. Many of these extra work items were approved on a "time and materials"basis so that, while rates and material costs are known, the final cost is not known until the work is completed. Under ordinance no. 3013 the Public Works Director is authorized to approve contract amendments up to 25 percent of the original bid. Since the final cost is 39.6 percent higher than the original bid, council approval is required to authorize final payment to the contractor. The original bid for this project was $130,822.60; the final total cost of the improvement is $182,682.41. The contractor was directed by staff to add numerous elements to the contract to improve the existing adjacent sections of street. As construction on the project commenced it became apparent that it would be in the City's best interest to take advantage of the low unit prices resulting from the bid to improve some adjacent street surface deterioration as further outlined: • Rebuild the Randy/Laurel intersection This intersection, which carries a large volume of school bus traffic, displayed clear signs of sub-base failure as indicated by asphalt surface cracking. Grade differences brought about by an over-height utility vault lid and drainage issues in the northeast corner of the intersection prompted staff to require that the intersection be rebuilt and the utility vault lid replaced. The total cost of this work was $27,700. • Rebuild the Ohio/Laurel Intersection Cottonwood tree roots had lifted the north curb on Ohio Street over 6 inches, reversing the flow of storm water and causing pavement deterioration. Over 100 feet of existing curb was Page I of 2 1X, CITY OF ASHLAND removed and replaced along with a large area of asphalt paving at a cost of approximately $8,000. • Add additional catch basins, manholes, and drainage features As construction progressed it became apparent that several changes to the existing drainage system would improve the flow of storm water in the area. Several storm drain manholes and catch basins were added or reconstructed at a cost of over $3,600. • Changes in quantity of bid items The remaining change order costs resulted from changes in the final number of units of work that were completed. One large increase resulted from requiring that the limits of asphalt patching be extended to include adjacent areas of deteriorated sections of asphalt paving. Fiscal Impact The Laurel Street Sidewalk Improvement Project and the Laurel/Hersey Rail Crossing Improvement project were jointly funded through a fund exchange agreement which was approved by the Council on May 4, 2010. The agreement provides a total of$686,200 for completion of_both_projects. The original application assumed distribution of funds as follows: Hersey/Laurel Rail Crossing $400,000 Laurel Street Sidewalk Improvement- $386,200 The total cost for the Laurel Street Sidewalk Project is: Construction $182,682.41 Engineering $ 26,905.00 TOTAL $209,587.41 The total cost for the Laurel Street Sidewalk project is $176,112.59 less than originally anticipated which will allow additional funds to be allocated to the Hersey/Laurel Rail Crossing project. Related City Policies: Ordinance 3013, enacted on May 19, 2010, establishes certain rules and guidelines pertaining to public contracting and personal service contracts. The ordinance also adopted the Oregon Public Contracting Code and Attorney General's Model Rules for public contracting. Council Options: • The Council may approve an amendment to the DeVore Electric and Construction Co. contract to increase the total contract amount by $51,859.81 • The Council may decline to approve an amendment to the DeVore Electric and Construction Co. contract. Potential Motions: • Move to approve a $51,859.81 amendment to the DeVore Electric and Construction Co. contract for the construction of the Laurel Street Sidewalk Improvements. • Move to reject a $51,859.81 amendment to the DeVore Electric and Construction Co. contract for the construction of the Laurel Street Sidewalk Improvements. Attachments: Vicinity map Photos Contract amendment Pape:of 2 LW., N A a u > � H Coo Gn � a . •y� N� � r •on xaan�xvwtol d 4t" C, � a>�I Q• s � �e.f '3AV N11/1NIION b9s unro N_. z s? ,F `wci 0 4 0 1. p 0 $j Fl N €9H v 0 5 m a g 2 3 0 I �® o . r f i ter; s�• ��t:. T'� r. .r C •. + � �' e .tom, t �. �•, �.« t t• � tilt •. ,+ ' 54. .1 4 l , s t'. fit 4♦ } i a 1 � 3 e •. `x t�Y. `` Al '1:;;.• �1• i it a �` �.'.y�'�i`�{ , � `t'n. Ilk 7 f 'v.•� -cog j." x a lit . h � 4 b ern tl, r* '�' T{(��C it /` ;• •Ix•'�\G(d.��1IJl.Sf. 9 .�.'(}Q 'C�. •. } 'TI..A�'. � •r� •� . pp {�tf/ A MI -� ( j�3�a���.., .i." •MCI un El / .. T`tl� •. r Vii: { 41h •;` f• i� I ; / 00 ly`«^Cl i• '�'•� �: '♦ '• 11T '?T"h'.{ 365'': � a� 1 Mi ,� � •gip 5��,�, ., � -� I is i . r ur W •, tiY I (S 7 t' ti rte` I! � r ' � �?to Vii• �� t u s. r 1 ♦ �` t (r . 4 r1 tt ap r .p -µ j •;� a v OY/Q It ...f YNI . r Y r 1+ I ,;J` �` ..•�rytl;�tyyyn�7rUri+5:�'.��Y .4i` 1 r ♦ •c v } ll[i t s /1! - '�' `ISM �y-�i�j)/' �Tsj i. .ie� r, • r . 4 t /y} !r 1 ' .�•�t) yy.;* .'r • (;1. ���ti' • It , ft j ..\. i,� ••�. ry ,fir. .. ... rat c!. .• + •- ✓1�� 1 yl . r�•: �1, .�,. ' r ' t t ' .:rte;:, ,,"• +,��* ' .� r ':�F . 1.•�1, 'i 1/ f� r H1_ - t, rr4'�.' �i,{t��i•� ! ��f• 1 s r J�` N t v _} 1 ' _t f •, ltSt/y� �( d } ! r tr'4t J 111 d 4 r�. CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS CONTRACT CHANCE ORDER NO. I . PROJECT: Laurel Street Sidewalk Improvements DATE: LOCATION: Hersey St.to Randy St.,Ashland OR PROJECT NO.: 2006 48 CONTRACTOR: DeVore Electric&Construction Co. The following described work has been requested to be performed by the Engineering Division of the Public Works Department. All described work has been completed according to the City's request and specifications. Item No. Description Quanti Unit Price Amount N isc.(see attached Invoice Item#I #1465) is 24,159.81 Reconstruct Intersection at Laurel and Randy Street Item#2 com lete.(See attached Invoice $ 27,700.00 Total this Change Order $ 51,859.81 Previous Change Order Original Contract Total $ 130 822 60 Revised Contract Total S 182,682.41 PERCENT CHANGE OF ORIGINAL CONTRACT 39.6% Due to unusually heavy and late season rainful along with the extra work requested by the Public Works Engineering Division, the time provided for completion of this contract is increased by 96 lendar days. This document shall become an amendment to the contract and all provisions of the contract will apply. Recommended By: /!�4 Gf l/�':���� 8/5/2011 Pr je anager Date Approved By: Public Works Director Date Accepted By: De fore Electric&Construction Co 2444 Avenue A FIVIA10'R 5-Aug-II Con or Representative Date ENGINEFRadC Td:5,11188-5347 20 E AW.Mein,.. Pw: M-735 2900 ' Arh1uN,0¢aon 9]530 TTY: tl00-715-2900 wvw.aehlmM.or.0 G 1pub-..+kaW4ra0-IS Ivnd SI SidnWkM_AdvtinlDeVae�Comrad Docwm�tsrLTmge OrdeakTage Qdc No I.xlu , INVOICE pDATE INVOI CE# & CO UCTION gnnon 1465 RH94HR OR0/ORE 8411-8414-3980 2444 AVER np0omngahumr.nst WRITE CITY,OR 0 1002 CCB013419E Fax 541-878-0563 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 VENDOR# P.O.NUMBER TERMS REP Due on reccipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT 'CHANGE ORDER FOR LAUREL STREET SIDEWALK IMPROVEMENTS/ PROJECT 2006-18• 91 REMOVE AND REPLACE CURB&GUTTER ON NE CORNER OF LAUREL& RANDY TO REMOVE STANDING WATER 123 LF BID ITEM#8 REMOVE CONCRETE CURB&GUTTER 23 2.45 56.35 BID ITEM 022 CONCRETE CURB&GUTTER 23 14.35 330.05 BID ITEM44 EARTHWORK 5 19.50 97.50 BID ITEM 420 I INCH-0 AGGREGATE BASE 5 17.00 85.00 SUBTOTAL 568.90 42 REMOVE AND REPLACE CURB&GUTTER ON SE&SW SIDE OF RANDY ON LAUREL TO ALLOW FOR HANDICAP RAMPS/48 LF BW ITEM#8 REMOVE CONCRETE CURB&GUTTER 48 2.45 117.60 BID ITEM#22 CONCRETE CURB&GUTTER ' - 48 14.35 688.80 BID ITEM#4 EARTHWORK - 7 19.50 136.50 SUBTOTAL 942.90 93 EXTEND NEW 8"STORM DRAM UNDER CURB AND INTO STREET TO CONNECT TO EXISTING STORM DRAIN NEAR RANDY BID ITEM#19 SAWCUT&REMOVE A.C.PAVEMENT 4.5 3.75 16.88 BID ITEM#4 EARTHWORK 4.5 19.50 87.75 BID ITEM#20 1 INCH-0 AGGREGATE BASE 4 17.00 68.00 BID ITEM#21 4INCH-LEVEL 2, 112 INCH DENSE,MHMAC MIXTURE 1 170.00 170.00 SUBTOTAL 342.63 MATERIAL 04 ADD 18"OF4"SIDEWALK OVER CATCH BASIN AT SCHOOL FENCE 175.00 175.00 SUBTOTAL 175.00 #5 CHANGE GRADE ON SIDEWALK TO STOP WATER POOLING AT SCHOOL FENCE ICs been a pleasure working with you! Total Page 1 INVOICE u A DATE INVOICE# , �� 8/1/2011 1465 & CON UCTION neeenrnevoxlr d41-841 -8880 2444ARA reptlevvrs88v9ativapvl WRITE CITY,OR 17803 CCBO/JH99 Fax 541-878-0563 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 VENDOR# P.O.NUMBER TERMS REP Due on receipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT BID ITEM#4 EARTHWORK', 10 19.50 195.00 BID ITEMN20 I INCH-0 AGGREGATE BASE 27 17.00 459.00 SUBTOTAL 654.00 LABOR #6 CHANGE WHEEL CHAIR RAMP TO A PULL THROUGH DRIVE ACROSS 250.00 250.00 RAMP WITH NO CURB BY SCHOOL FIELD ENTRANCE SUBTOTAL 250.00 #7 INSTALL G2 TYPE CATCH BASIN AT OTIS AND LAUREL BID ITEM#4 EARTHWORK 6 19.50 117.00 BID ITEM#13 STORM DRAIN TYPE G-2 INLET 875.00 875.00 BID FfEM#20. I INCH-0 AGGREGATE BASE 12 17.00 204,00 SUBTOTAL 1,196.00 48 ATTACH 8"STORM DRAIN TO EXISTING CATCH BASIN AT OTIS& LAUREL BIDITEM#11 CONNECTION TO EXISTING STORM DRAIN 495.00 495.00 SUBTOTAL 495.00 MATERIAL #9 COVER EXISTING CATCH BASIN AT OTIS&LAUREL WITH MANHOLE 650.00 650.00 RING&COVER FOR ACCESS SUBTOTAL 650.00 #10 EXTEND CROSSWALK AT OTIS 6 BID ITEM#4 EARTHWORK 7 19.50 136.50 BID ITEM 419 SAWCUT&REMOVE A.C.PAVEMENT 48 3.75 180.00 BID ITEM#20 I INCH-0 AGGREGATE BASE 4 17.00 68.00 BID ITEM#27 8"CONCRETE CROSSWALK 48 7.60 364.80 SUBTOTAL 749.30 It's been a pleaswe working wi0r you! Total Page 2 INVOICE �'-� v v /vim DATE INVOICE# 8¢ CON UCTION� 8/112011 1465 AHfDWE DIIVORB 841-044.8880 2144 AVEA r¢9demie0ycnarter.n¢t WHITE UT$OR 1 7001 CCB#134196 Fax 541-879-0563 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 VENDOR# P.O. NUMBER TERMS REP Due on receipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT #11 REMOVE AND REPLACE CURB&GUTTER FOR HANDICAP RAMP AT - OTIS BID ITEM#8 REMOVE CONCRETE CURB&GUTTER 21 2.45 51.45 BID ITEM#4 EARTHWORK 4 19.50 78.00 BID ITEM#22 CONCRETE CURB&GUTTER 21 14.35 301.35 SUBTOTAL 430.80 #12 REVISION CHANGES DATED 2.11.2011*copy afached- BID ITEM 48 REMOVE CONCRETE CURB&GUTTER -74 2.45 -181.30 BID ITEM#22 CONCRETE CURB&GUTTER -85 14.35 -1,219.75 BID ITEM#29 HANDICAP RAMPS -2 519.00 -1,038.00 BID ITEM#19 SAWCUT&REMOVE A.C.PAVEMENT -24 175 -90.00 BIDITEM#23 4"CONCRETE SIDEWALKS -150 3.10 -465.00 BID ITEM#31 RELOCATE SIGNS -t 110.00 -110.00 SUBTOTAL -3,104.05 #13 4"DRIVEWAY CONNECTION*plan shows 12'on most driveways-some needed more- DIDITEM#28 4"CONCRETE DRIVEWAY CONNECTIONS 515 3.45 1,776.75 BIDITEM 0I8 SAWCUT&REMOVE P.C.CONCRETE 58 4.95 287.10 BID ITEM#20 I INCH-0 AGGREGATE BASE 26 17.00 442.00 SUBTOTAL 2,505.85 #14 ADJUST WATER METERS BID ITEM#6 ADJUST WATER METERS 7 110.00 770.00 SUBTOTAL 770.00 HIS ADJUST WATER VALVES BID I1EM#5 ADJUST WATER VALVES(in front of I'me hydrant by school fence) 1 460.00 460.00 SUBTOTAL 460.00 IN been a pleasure working with you! Total Page 3 INVOICE DATE INVOICE# & CON UCTION sw20H 1465 we®weoevans 8H-8II-998A 2444AVSA re90vrvrsQenunr.net WHITE CITY,oa8750 CC8 41174198 Fax 541-879-0583 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 VENDOR# P.O.NUMBER 'TERMS REP Due on reccipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT MATERIAL #16 COVER EXISTING CATCH BASIN WITH MANHOLE RING AND COVER 650.00 650.00 FOR ACCESS @ 0476 BY FIRE HYDRANT SUBTOTAL 650.00 MATERIAL. #17 BUILD GRATE FOR NEW 12"STORM INLET IN OPEN DITCH @9476 375.00 375.00 SUBTOTAL 375.00 #18 REPAIR BAD AREAS OF A.C.ON LAUREL FROM#478 TO#446 BID ITEM#19 SAWCUT&REMOVE A.C.PAVEMENT 82 3.75 307.50 BID ITEM#4 EARTHWORK 42 19.50 819.00 BID ITEM#20 I INCH-0 AGGREGATE BASE 40 17.00 680.00 BIDITEN021 4 INCH-LEVEL 2,12 INCH DENSE,MHMAC MIXTURE 24 170.00 4,080.00 SUBTOTAL 5,886.50 #19 EXTEND CURB&GUTTER 13' rQ 4446 BID ITEM#8 REMOVE CONCRETE CURB&GUTTER - 13 2.45 31.85 BID ITEM44 EARTHWORK 7 19.50 136.50 BID ITEM#22 CONCRETE CURB&GUTTER 13 14.35 186.55 SUBTOTAL 354.90 #20 EXTEND DRIVEWAY TO FULL WIDTH OF EXISTING DRIVEWAY rQ#436 BIDITEM 419 SAWCUT&REMOVE A.C.PAVEMENT Il 3.75 41.25 BID ITEM#4 EARTHWORK 4 19.50 78.00 BID ITEM#24 6"CONCRETE DRIVEWAY APRONS 96 3.98 382.08 SUBTOTAL 501.33 #21 PATCH A.C.BEHIND DRIVEWAY @#436 . BIDITEM#19 SAWCUT&REMOVE A.C.PAVEMENT 19 3.75 71.25 BID ITEM#4 EARTHWORK 4 19.50 78.00 BID ITEM#21 4 INCH-LEVEL 2,1/2 INCH DENSE,MHMAC MIXTURE(2"PATCH) 3 170.00 510.00 11's been a pleasure working with you! Total Page 4 v � INVOICE uz I DATE INVOICE# & CO UCTN 8/1/2011 1465 Romm DRVORR ."41-944 880 2444AVEA rape,•arcOcbartar.mr WHITE CITY,OR 11607 CCBR134190 Fax 641-879-0563 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 VENDOR# P.O.NUMBER TERMS REP Due on receipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT SUBTOTAL 659.25 #22 REPLACE CURB&GUTTER ON NORTH SIDE OF OHIO STREET BID ITEM 48 REMOVE CONCRETE CURB&GUTTER 58 2.45 142.10 BID ITEM" EARTHWORK 10 19.50 195.00 BID ITEM#20 1 INCH-0 AGGREGATE BASE 11 17.00 187.00 BID ITEM#22 CONCRETE CURB&GUTTER 58 14.35 832.30 SUBTOTAL 1,356.40 #23 REMOVE AND REPLACE A.C.PAVEMENT ON OHIO STREET BIDITEM#19 SAWCUT&REMOVE A.C.PAVEMENT 103 3.75 386.25 BID ITEM#4 EARTHWORK 30 19.50 585.00 BID ITEM#20 I INCH-0 AGGREGATE BASE 26 17.00 442.00 BID ITEM#21 4 INCH-LEVEL 2,12 INCH DENSE,MHMAC MPATURE 23 170.00 3,910.00 SUBTOTAL 5,323.25 #24 POUR STEP FOR WALKWAY Q#338 MATERIAL CONCRETE 125.00 125.00 SUBTOTAL 125.00 #25 REMOVE NEW CURB,GUTTER&SIDEWALK AND REPLACE WITH NEW CURB,GUTTER&DRIVEWAY @#308 BID ITEM 48 REMOVE CONCRETE CURB&GUTTER - 25 2.45 61.25 BIDITEM#18 SAWCUT&REMOVE P.C.CONCRETE(SIDEWALK) 14 4.95 69.30 BID ITEM#4 EARTHWORK 3 19.50 58.50 BID ITEM#20 1 INCH-0 AGGREGATE BASE 2 17.00 34.00 BID ITEM#22 CONCRETE CURB&GUTTER 27 14.35 387.45 BID ITEM#24 6'CONCRETE DRIVEWAY APRONS 135 3.98 537.30 SUBTOTAL 1,147.80 #M ADDITIONAL SF OF VALLEY GUTTER AT OHIO It's been a plcasurc working with you! Total Page 5 INVOICE � Vofe :r ,� DATE INVOICE# 8t CON UCTION 8/1/2011 1465 REGOR2 DOV044R aet-a,e.aseo 2444 AVER npavrprpQanprler.npi WRITE CITY,OR 11643 CCO0174140 Fax 541-878-D663 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAW STREET ASHLAND,OR 97520 VENDOR# . P.O.NUMBER TERMS REP Due on mceipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT BID ITEM#26 9"CONCRETE VALLEY GUTTER 129 7.65 986.85 SUBTOTAL 956.85 027 STRIPE VALLEY GUTTER TO BE A CROSSWALK BID ITEM430 STRIPING AND MARKING 8o 8.84 707.20 SUBTOTAL 707.20 BID ITEM037 #29 TREE PROTECTTON(if ruxded) 5 -200.00 -1,000.00 It's been a pleaso¢working with you] Total $24,159.81 Page 6 INVOICE DATE INVOICE# & CON UCTION MID 1466 affem ML;rAw 6149-04&9sae IIII AVEA mq0 vwe$orroto.ner VNITE CI7$OR 01503 CCB#134190 Fax 541-87 9-0563 BILL TO CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND,OR 97520 . VENDOR# P.O. NUMBER TERMS REP Due on receipt RLD ITEM CODE DESCRIPTION QUANTITY PRICE AMOUNT 'CHANGE ORDER FOR LAUREL STREET SIDEWALK IMPROVEMENTS/ PROJECT 2006-18• "•MTERSECTION AT LAUREL AND RANDY** #28 LABOR REMOVE ASPHALT AND PREP SUBGRADE AT INTERSECTION OF LAUREL 3,500 5.85 20,475.00 AND RANDY-PAVE WITH 4"COMPACTED ASPHALT-2 LIFTS/APPROX.3500 SF LABOR TRAFFIC CONTROL - 1,500.00 1,500.00 SUBTOTAL 21,975.00 LABOR REMOVE ASPHALT AND PREP SOUTH SIDE OF CROSSWALK AT LAUREL 2,800.00 2,800.00 AND RANDY-PAVE WITH 4"COMPACTED ASPHALT-2 LIFTS SUBTOTAL 2,800.00 *'ACTUAL MEASUREMENT OF INTERSECTION AFTER COMPLETION IS 4000 - SF** LABOR REMOVE ASPHALT AND PREP SUBGRADE AT INTERSECTION OF LAUREL 500 5.85 2,925.00 AND RANDY-PAVE WITH 4"COMPACTED ASPHALT-2 LIFTS ICs been a pleasure working with you! Total $27,700.00 CITY OF -ASHLAND Council Communication A Resolution Authorizing the Sale of$3 Million of General Obligation Bonds to Replace Fire Station No. 2. Meeting Date: August 16, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl @ashland.or.us Secondary.Dept.: Legal, Fire Department Secondary Contact: Chief John Karns Approval: Martha Bennett ee,,�' Estimated Time: Consent Agenda Question: Should Council approve a resolution authorizing the City Administrator, Finance Director or designee to sell General Obligation bonds described in Ballot Measure 15-109 to replace Fire Station No. 2 and permit bond proceeds to reimburse qualifying City expenditures? Staff Recommendation: Staff recommends approval of the attached resolution. Background: Fire Station No. 2 needs to be replaced and voters approved the project and financing through issuing GO Bonds via Ballot Measure 15-109. The attached resolution gives authority to staff to proceed with the financing. The project is part of the Capital Improvements Projects list and budget adopted for this year. All funds generated from the sale will go to the project and be accounted for as such. Proceeds will reimburse qualifying expenses to date, bond issuance costs, construction and related costs. The project is likely to extend into FY 2012-2013 and dedicated funds will be carried forward and re-budgeted in the CIP fund for that year. Attached is a resolution for the above. Related City Policies: None Council Options: Council may accept this recommendation and authorize staff to proceed or take no action. Potential Motions: I make a motion to approve the attached resolution authorizing staff to issue GO Bonds to replace Fire Station No. 2. Attachments: Resolution authorizing a financing agreement Page 1 of 1 �r, RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON AUTHORIZING THE SALE OF $3 MILLION OF GENERAL OBLIGATION BONDS TO REPLACE FIRE STATION NO. 2. WHEREAS, on May 17, 2011, the voters of City of Ashland, Jackson County, Oregon (the "City") approved Ballot Measure 15-109, authorizing the issuance of up to $3 million of general obligation bonds to finance replacement of Fire Station No. 2, and on August 2, 2011, the Jackson County Circuit Court validated the legality and sufficiency of that authorization; and WHEREAS, the City now desires to sell the bonds described in Ballot Measure 15-109 (the "Bonds"); and, WHEREAS, the City Council also desires to permit bond proceeds to be used to reimburse qualifying City expenditures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ashland, Oregon as follows: SECTION 1. Authorization. The City is hereby authorized to sell and issue the Bonds. SECTION 2. Security for Bonds. The Bonds shall be general obligations of the City. The City hereby pledges its full faith and credit to pay the Bonds, and the City covenants for the benefit of the Owners that the City shall levy annually, as provided by law, in addition to its other ad valorem property taxes and outside the limitations of Sections 11 and I I b of Article XI of the Oregon Constitution, a direct ad valorem tax upon all of the taxable property within the City in sufficient amount, after considering discounts taken and delinquencies that may occur in the payment of such taxes, to pay the Bonds promptly as they mature. SECTION 3. Reimbursement. To use tax-exempt bond proceeds to reimburse qualifying expenditures the City makes before the bonds are issued, the Internal Revenue Code of the United States requires that the City declare its intent to use bond proceeds to reimburse itself. The City hereby declares its intention to reimburse expenditures for the purposes described in Ballot Measure 15-109 that the City makes before the Bonds are issued, in an amount that does not exceed $3 million. SECTION 4. Delegation. The City Administrator, the Finance Director, any person holding either title on an interim basis, or the person designated by the City Administrator or interim City Administrator to act as a City Official under this resolution (any of whom are referred to in this resolution as a "City Official') are each hereby authorized, on behalf of the City and without further action by the Council, to: 1. Issue the Bonds in one or more series. 2. Participate in the preparation of, authorize the distribution of, and deem final the preliminary and final official statements and any other disclosure documents for each series of the Bonds. Pagel of 2 3. Establish the final principal amounts, maturity schedules, interest rates, sale prices, redemption terms, payment terms and dates, record dates and other terms for each series of the Bonds. 4. Either publish a notice of sale, receive bids and award the sale of that series to the bidder complying with the notice and offering the most favorable terms to the City, or select one or more underwriters or commercial banks and negotiate the sale of that series with those underwriters or commercial banks. 5. Undertake to provide continuing disclosure for each series of the Bonds in accordance with Rule 15c2-12 of the United States Securities and Exchange Commission. 6. Apply for and purchase municipal bond insurance or other forms of credit enhancements for each series of the Bonds, and enter into related agreements. 7. Prepare, execute and deliver one or more Bond Declarations for each series of the Bonds. The Bond Declarations shall specify the terms under which each series of the Bonds are issued, the administrative provisions that apply to each series of the Bonds and the form of each series of the Bonds. The Bond Declarations-may also contain covenants for the benefit of the owners of each series of the Bonds and any insurers of the Bonds. 8. Appoint service providers for each series of the Bonds and enter into agreements with those service providers. 9. Determine whether each series of Bonds will bear interest that is excludable from gross income under the Internal Revenue Code of 1986, as amended, or is includable in gross income under that code. If a series bears interest that is excludable from gross income under that code, the Debt Manager may enter into covenants to maintain the excludability of interest on that series of the Bonds from gross income. 10. Prepare and execute declarations of intent to reimburse for other City projects that may be financed with tax-exempt bonds. 11. Execute any documents and take any other action in connection with the Bonds which the Debt Manager finds will be advantageous to the City. SECTION 5. Effective Date. This resolution was duly PASSED and ADOPTED this day of August, 2011, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of August, 2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF ASHLAND Council Communication Approval of a Public Contract for Utility Billing Management Solution Meeting Date: August 16, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl @ashland.or.us Secondary Dept.: Utility Billing Secondary Contact: Bryn Morrison Information Technology Criss Garcia Approval: Martha Bennett ✓'Estimated Time: Consent Agenda Question: Will the City Council, acting as the Local Contract Review Board, approve the award of a public contract to Springbrook for the Utility Billing Management Solution? Staff Recommendation: Staff recommends that the public contract be awarded to Springbrook. Background: Replacement of the utility billing software was justified over the last few years and is budgeted in FY 2011-2012. The selected proposal is within the budgeted Capital Improvement Program amount. The sourcing method for this public contract is a Competitive Sealed Proposal (Request for Proposal). The RFP was mailed to twenty one (2 1) recipients and the City received four (4) proposals in response to the RFP. The proposals were evaluated and scored by a five-person evaluation committee in accordance with the Tier 1 and.Tier 2 Evaluation Criteria established within the RFP. Upon the completion of the Tier 1 Evaluation Process, Able Software was declared non-responsive, and Cogsdale, Springbrook and Tyler Technologies advanced to the Tier 2 Solution Demonstration Evaluation Process. Upon the completion of the evaluation process, Springbrook was declared the highest ranked proposer. The cost range of the responsive proposals was $218,577 to $583,735 for the initial conversion, support and licensing for five years, depending upon the optional features available. The Springbrook proposal is $266,928 for the five years and scored higher by the evaluators than the other proposers in meeting more functional and desirable features at an acceptable price. Therefore, the evaluation committee is recommending that the public contract for the Utility Billing Management Solution be awarded to Springbrook. A copy of the evaluation summary is attached for your review. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: Pagel of 2 CITY OF ASHLAND Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. Council Options: City Council, acting as the Local Contract Review Board, can approve (or decline) the award of a public contract to Springbrook. Potential Motions: City Council, acting as the Local Contract Review Board, can move to approve (or decline) the award of a public contract to Springbrook. Attachments: RFP - Evaluation Summary Page 2 of 2 �r, W _ d z ^ N N F N Q O P O O �D rn V N N a N SID Fi at � .-. � � .-. .-• N .--. N .-. b r W b b b 00 h b b N b 17 v,5 Ir] •• N F � d = mhm � o0aoo0o a � b � � � b men �nN y a H H O O O N O O N P N vi vi a a O a W T O a Or b 00 a�Or' ^ .+ N hY_= b Q vi � 00 � P N P P N � N � � r OO OD P Or OD O� 00 OC N b � Vf •.. a I y. c - oo P + J ^ MR, �ng ng cR' `s' eo •. VW ;h Q - ) v vO o0 P P N v Q 1 1 b 00 00 00 t b t d b N r a Z C d O _ : Y'� 1 ¢ 3' o � e � z � Z'CE, � 0 z r vw rn o 0 o rn o 0 0 o vi vi v-, °0 0 0 0 0 0 0 0 0 0 0 � N --� M N N -. N ^ ^ ^ ^ W ra0 O o c v rFi. a F P.i o c V O O C za y' INS o U ° � N �_- °-> v E U C Z O a E °� c E o ¢ N 2 v .° v` . °_ ?a, I v y ° 'D '� D D Q c ry i OT t o0 ti 6 :° ' v yr- o E 'o ro c v v c i m y .E O .E k. A v, O ` N c y r c T o p E F- !- O' o' rn ul o o w w z o N z m rn CITY OF ASHLAND Council Communication Grant Update regarding the North Normal Neighborhood Plan Meeting Date: August 16, 2011 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb@ashiand.or.us Secondary Dept.: None Secondary Contact: Brandon Goldman Approval: Martha Bennett p�1✓ Estimated Time: Consent Question: Will the Council direct staff to continue work with the Transportation & Growth Management Program to develop a project statement of work, select a consultant team, and draft an Intergovernmental Agreement to undertake master planning the North Normal Avenue Neighborhood? Staff Recommendation: Staff recommends approval of moving forward with Transportation & Growth Management Program grant award process. Background: On March 1, 2011 the City Council voted to direct Staff to submit a grant application for the 2011 grant cycle of the Transportation and Growth Management (TGM) Program to obtain funding to master plan the North Normal Avenue Neighborhood. The City received notification of selection on June 23, 2011. Having been selected to move forward, the City is now to work with the TGM grant manager to develop a detailed Statement of Work by October 31, 2011, and subsequently present an Intergovernmental Agreement (IGA) to the City Council for approval. The award of funds, and formal acceptance of the grant, is completed upon execution of an IGA between the Oregon Department of Transportation and the City of Ashland. Upon approval of an IGA, the TGM Program will provide the City with approximately $72,000 toward the development of a neighborhood plan for the North Normal Avenue area. Initial estimates identify a total project cost for the development of the draft neighborhood plan of$99,900. The local costs for development of the draft plan (est. $27,900 ) will primarily be Planning Division staff time for project management coordination of data needs, mapping and analysis, review of deliverables, meeting preparation and contract management (.25 FTE from January 2012 — December 2012). The second step of taking the plan through the local adoption process would result in the use of staff resources totaling approximately .40 FTE (from January 2013 —June 2013). The state administers the development of the statement of work, contracts, and works with the City to select the consultant team that best fit the specific planning services needed. The program uses pre- qualified teams of consultants under contract with the TGM Program. ODOT administers the contract using ODOT policies and procedures that meet the federal funding requirements. The northern Normal Avenue area is the approximately 90 acres in size, and is the last sizeable.tract of largely undeveloped land designated for residential purposes in the Ashland Urban Growth Boundary (UGB). Site opportunities include proximity to elementary and middle schools, proximity to shopping and services, proximity to the Central Ashland Bike Path, and the presence of two creeks and three Pagel of 2 Ir, CITY OF ASHLAND wetlands. The area plan would look at opportunities to concentrate housing to support transit use, incorporating green infrastructure, links to the existing multi-modal transportation system and incorporating the creeks and wetlands as amenities. Related City Policies: None Council Options: Move to direct staff to develop a Statement of Work and Intergovernmental Agreement to undertake Master Planning of the North Normal Avenue Neighborhood. Attachments: June 23, 2011 TGM Award letter Local Grantee Responsibilities, TGM document. Page 2 of 2 �r, X\�n|xpoMuUuu & Gnxrdl Management Program 55513111 Sorn,S..i/^2 �I^»�mu/m/*�wuc.,u*v sxkm� 0xY7�o|-4|78 �- (503)9M-4121 kar (5N)9X6-4|74 ]Line 23. 20]l lit/pVvvx,nxlpxn.1- ^/kJ Maria 8uuio/ Planning Manager City vfAshland 20 East Main Si Ashland, (}KV752A Re: City o[Ashland Normal Ave. Neighborhood Plan Dear Ms. Harris: \9ouro pleased k` inform you that your proposed Normal Ave. Neighborhood Plan project has been selected \v move forward. The next stage uf the Transportation and Growth Management (TGM) grant award process will huiv negotiate o statement vf work (S()VV\� (SOW), / l[iu/c|6le � ! Out-giant manager for the project will contact you within the next two weeks <u get the project � underway and set o date for u first meeting. Your grant manager io John McDonald /54l'o57' 2688; }ohu.MdDvuu|dJ6odoLv\u\ooruo\ / John will work with you over the next few months to: | • Resolve any specific issues identified from our review of your application (identified | 6doni; in order to inect TGM program deadlines, agreement oil these issues Should be / completed hy early September 20\ 7. ! • Negotiate project SOW that io Sufficiently detailed W select oconsultant. Thum negotiations will likely involve other state interests so that the project is coordinated with other planning efforts. These negotiations must bo completed Nv October 31^%0)1 *rthe grant award will bewithdrawn. * Select u consultant and negotiate o final SOW. * Execute the l{}A. Please keep iunuiud that, with u few exceptions, projects are expected h/ be complete hy June 30, 201I Therefore, it is very important to complete the SOW and the rest of the negotiation process uo quickly:o possible im order k` leave sufficient tune for the project itself. Tn this end, by August 1, 2011, return the attached form indicating that you accept the grantee rnop000ihiD ties, and timeline. ` / xJow |`.s*x..o1,D,/m^^*m.�Tmoxxmui,w and o*m^^.m.oxo//'m^./&m/ ,n`i^ou"|o'n|'v"",ol City of Ashland 2 June 23, 2011 TGM Project Management There are a number of important points common to all projects that are covered in the attached materials—project management and the particulars of executing and managing the IGA and consultant contracts. Please review these materials closely. Your grant manager will send you additional materials regarding grantee responsibilities and SOW negotiation, and will go over them with you at your first meeting. Congratulations once again. We look froward to working with you on your project, Sincerely, Rob Nallybur n Robert Macstre TGM Program Manager, DLCD TGM Program Manager, ODOT cc: John McDonald, TGM 3.02 - 11/3A-1 I File City of Ashland 3 June 23, 2011 TGM Grant Project Basics Project Management: You will need to provide a local project manager. The local project manager will serve as principal local contact person, monitor and coordinate work (including work by a consultant), work with the TGM grant manager to ensure completion of all work on time and within budget, review consultant work products and payment requests, and prepare progress reports and reimbursement requests. Given the tight timelines and significant coordination and review responsibilities required, it is very important that the local project manager have sufficient time to dedicate to this project. Intergovernmental Agreements: Your award will be made through an IGA between ODOT and your jurisdiction (the IGA will also need to include any other local governments that will provide local funds or contribute match to the project). To expedite IGA approval the TGM Program uses a standard-language IGA for all TGM-grant-projects. Consultant Contracts: In order to meet federal contracting requirements, consultants for TGM projects will contract through ODOT. While you will not be a party to the contract, you will have a primary role in selecting the consultant for your project and in reviewing and approving consultant work. In order to maintain a fair and open consultant selection process, we ask that you limit contact with interested consultants. if a consultant contacts you about your project you may advise them you have been offered a grant and provide public documents. Deferring discussion of project details to the formal consultant selection process gives all interested consultants an equal opportunity to learn about and compete to work on your project. Anyone who may be involved in the consultant selection process will need to keep a log of these contacts —a form for logging contacts is attached; an official form based on the log will be required of all evaluators during consultant selection. Match: You will need to provide a match of at least 1 1% of the total cost of the project. Based on your application we understand that your grant is solely to provide for a consultant to complete the work of this project. To meet your match requirement you must either provide a cash match, or on a bimonthly basis, submit match reports detailing your eligible participating costs (see attached list of eligible participating costs). Please note that you can not use a consultant you currently have under contract as match. Local Grantee Responsibilities There are three main phases of local government responsibilities for a Transportation and Growth Management (TOM) project. WRITING A STATEMENT OT WORK Developing a statement of work (SOW) for a TOM project is a partnership that requires the efforts of the local project manager to ensure the project meets community needs and the TGM grant manager to ensure the project meets TGM program goals. Local project managers play a major role in developing the SOW. To do that, they must be clear about the project objectives and desired outcomes and have a good understanding of the likely needs and wants of the local government and stakeholders during the project. TGM grant managers will develop the initial outline upon which the SOW will be based, provide technical assistance and sample language to the local project manager, coordinate with state interests, and ensure the SOW meets Oregon Department of Transportation(ODOT) and Federal contracting requirements. Developing a SOW requires the active and thorough participation of all the parties. There are the minimum expectations of all grantees as they participate in preparing the SOW and getting a TGM project up and running: Responsiveness -The TGM program is committed to quickly developing SOWS so that projects can get started sooner, leaving sufficient time in the two year cycle to complete a quality project. This means local project managers must respond quickly to requests by the TGM grant manager for information, review of documents, or other input for the SOW. Grant managers, likewise,will strive to respond promptly to ensure SOW development proceeds quickly. When the grant manager requires a decision from local government as the SOW is being prepared (for instance, on a choice of two different approaches to a technical task), the local project manager should be empowered to make the decision, or if not, another responsible staff member or manager should be available to decide quickly, so SOW development doesn't lag. Understanding of Project Processes—TGM projects have a combination of preparation and review of technical products,public involvement, and consideration by the governing body. The local project manager is in the best position to know the history, issues and community preferences that can affect a particular planning effort, and should contribute this insight when formulating the planning process. The local project manager will need to be clear on what committees are needed and who should be on them, what kind of public meeting will be most successful, whether special outreach is needed, and whether the governing body needs to be consulted at key decision points. Page 1 of 3 Local Staff Abilities and Capacities—TGM projects typically require a lot of work by the local staff even if a consultant is used to prepare most products. The local project manager will need to identify which specific work will be done by the consultant, and which will be done by local staff; this decision will take into consideration the specialized technical skills and workload of staff. Once the project work is allocated between the local staff and the consultant, the local project manager must develop a local budget that estimates local hours and which staff members will be assigned to each work task, making sure that the grantee will be able to provide adequate project match, either through payment or eligible staff time and direct project expenses. CONSULTANT SELECTION & NEGOTIATION Participating in consultant selection - If your project includes work by a consultant, the local project manager must help decide which of the several possible selection options to use and then participate in the consultant selection process. The methods are: Price Agreements— ODOT has a number of pre-qualified consultant learns ready and able to work on TGM projects. Selection for an individual project is done one of three ways: I. Mini RFP—Consultants respond to specific questions—developed by the local project manager and grant manager- about the project. 2. Scoring Materials—Brief, pre-existing materials are scored using locally weighted criteria. 3. Direct Appointment—Consultant is appointed without considering others; this method is limited by dollar amounts and other criteria. RFP —Rarely, an RFP will be issued for an individual project. By law, this method requires justification as to why the Price Agreements are not being used. Your grant manager will provide more information about the selection process options. Regardless of the method chosen, local project managers must organize a selection team of at least three members (TGM recommends four to five members) to read and score consultant materials according to the chosen consultant selection process. An ODOT employee—typically the grant manager—will be part of the team in most cases. Participating in consultant negotiations—After a consultant is chosen, the local project manager must work with the grant manager and consultant to go over the SOW in detail and agree upon the final language.The SOW needs to accurately describe the products, identify responsibilities, and make expectations clear. PROJECT MANAGEMENT Signing the Intergovernmental Agreement - Once the SOW is finalized and approved by . TGM, the TGM Program will send the inter-governmental agreement (IGA) to the local project manager for signature. Before receiving the IGA for signature, the local project manager should Page 2 of 3 know their jurisdiction's requirements for getting IGAs approved and signed. If the IGA must be approved by the governing body, the local project manager should schedule the IGA review in advance. During and after the TGM project- In addition to other local responsibilities described in the project SOW, the local project manager is accountable for submitting to the grant manager bi- monthly progress reports and match reports (or invoices, if the local jurisdiction is being reimbursed for work). When the project concludes, the local project manager must submit a close-out report,as well as a consultant evaluation for projects on which a consultant was used. Your TGM grant intergovernmental agreement will specify your legal obligations and provide more information on these and other responsibilities. Page 3 of 3 CITY OF ASHLAND Council Communication Award of Contract for the Hosler Dam Stability Analysis Meeting Date: August 16, 2011 Primary Staff Contact: James Olson Department: Public Works E-Mail: olsoni n ashland.or.us Secondary Dept.: Administration Secondary Contact: Pieter Smeenk Approval: Martha BennettX"°� Estimated Time: Consent Agenda Question: Should Council approve a contract with URS Engineering & Construction, Inc. in an amount of $117.359.00 for the Hosler Dam Stability Analysis? Staff Recommendation: Staff recommends that Council approve a contract with URS Engineering & Construction, Inc. to provide the Hosler Dam Stability Analysis. Background: Hosler Dam, a 110 foot high vari able-arch concrete dam; provides the impoundment for Reeder Reservoir. The failure of Hosler Dam would have catastrophic results for the City and is a possibility. that the City takes multiple precautions to ensure never happens. There are various electronic sensors, and daily, semi-annual and annual safety inspections that are made to ensure that the dam is sound and stable. One of the more important inspections is a full structural analysis, conducted by a certified dam engineer, every five years. All inspections are under the auspices of the Federal Energy Regulatory Commission (FERC) who reviews and directs all inspection efforts. FERC must pre-approve all consultants who do these types of inspections and there are only a few engineers on the west coast whom are approved to provide these services. It is time again to conduct the five year stability analysis and staff has requested proposals from qualified engineers to complete this work. In the most recent FERC required independent inspector's report, a recommendation was made for further analysis of Hosler Dam's resistance to a post earthquake sliding stability. After in-depth discussions with FERC representatives and with several experts in arch dam stability, staff concluded that a more comprehensive structural analysis with better post processing may be needed to verify and document the presence of adequate structural factors of safety to resist sliding after earthquakes. The proposed contract amount is within the amount budgeted to complete this analysis. Half will be paid out of the Water Fund, and half will be paid out of the Electric Fund, since the dam also serves to provide electrical power generation. Request for Proposal On May 17, 2011 the Council authorized staff to solicit proposals for the Hosler Dam Stability Analysis. A request for proposal was advertised on June 2, 2011. Proposal documents were sent to prospective proposers, plan centers and builder's exchanges throughout the state. Page I of 2 Mme, CITY OF -ASHLAND Proposals were due on July 19, 201 1., at which time two prospective consultant's submitted proposals. An evaluation team consisting of three Public Works staff members evaluated and scored the proposals sing the following criteria: Criteria Maximum Score Understanding of Requested Services 10 Consultant's Capabilities 20 Consultant's Project Team 25 Resources 15 Response Time 20 Cost of Services 10 TOTAL 100 Points Each evaluator individually scored the submitted proposals. Initial Scoring was completed on July 19th and the scores were combined to determine the top rankings. All of the firm's proposals were judged to be qualified. The final results were as follows: CONSULTANT TOTAL RANK SCORE URS 259 1 HATCH 255 2 The top scoring proposal was submitted by the office of URS Engineering & Construction, Inc. The team is led by Steve Samuelson, who brings extensive experience and expertise in concrete dam evaluation and analysis. URS can also, as needed, offer the services of Joe Ehasz, Mike Pavone, and Guy Lund who are recognized technical experts in dam engineering. Costs of Services/ Fundine The total cost for URS Engineering & Construction, Inc contract is not anticipated to exceed $117,359.00. Related City Policies: Council is required to approve engineering services contracts that exceed $75,000. Council Options: • Council may approve the attached contract with URS Engineering & Construction, Inc to conduct comprehensive analysis of the Hosler Dam Stability • Council may revise the scope of services to be provided by URS Engineering & Construction, Inc. • Council may reject all proposals offered in response to the request for proposals Potential Motions: • Move to approve the attached contract with URS Engineering & Construction, Inc • Move to modify the contract with URS Engineering & Construction, Inc • Move to reject all proposals received Attachments: Proposal from URS Engineering & Construction, Inc Pape 2 of 2 �r, PROPOSAL City of T� t F - 1 � ��, "' '1 t ; ° Hosler Dam Stabilit Anal pis r • I` l ' I P' • € V Ashland, Department Works July 14, 2011 1 _ J Submitted 1 U July 13,2011 City of Asliland Public Works Engineering Division Attention: Pieter Smeenk,PE,SE 20 East Main Street Ashland, Oregon 97520 RE: Hosler Dam Stability Analysis, Project No.10-04 Dear Mr.Smeenk: URS is pleased to present our response to City of Ashland's (City) Request for Proposal for the subject services. We acknowledge receipt of RFP Addendum No. 1,dated)une 24,201 1,and Addendum No.2, dated July 13, 2011. Our Bellevue office is URS'corporate center for hydropower work and,as such,we offer the City a large, local engineering staff specializing in engineering services for existing hydro facilities.We offer the full range of darn safety engineering services for hydroelectric and water resources projects.We have extensive experience in performing this type of specialized work,and have the proven expertise developed from performing numerical stress and stability analyses of concrete dams and other appurtenant features. URS is offering the City a highly qualified team of technical experts with many years of experience working on dawn and hydro projects.The primary base of operations will be locally based out of our Bellevue office and has a long history of providing service for sinidar assignments.Steve Samuelson is our proposed Project Manager and Lead Technical Engineer for this assignment. Steve brings extensive specialized experience and expertise in concrete dnm analysis and evaluation to this assignment. As needed,we can also offer the City the services of Joe Ehasz, Mike Pavone,and Guy Lund,who are recognized technical experts in dam engineering. Our proposed team also has very strong credibility and a tested relationship with the FERC.Steve Samuelson and our other teani members are very well known to tic FERC's Portland Regional Office and DC headquarters. This relationship,gained through performing similar work on dams at FERC licensed projects,will enable our team to work efficiently with die City and the FERC to address and resolve the outstanding issues outlined in the RFP. In closing,we appreciate the opportunity to respond to your RFP for consulting services. URS has a long-term commitment to serving the hydropower industry and the hydro-based utilities in the Northwest from our Bellevue office. We have the staff resources to responsively perform this assignment. We look forward to hearing from you and hope to work with die City on this assignment. If you have any questions or concerns,please feel free to call the at (425)451-4592,or Steve Samuelson at(425)451-4284. Sincerely, Mike Pavone,PE Manager of Engineering Enclosure URS Corporation '10900 NE a Street,Suite 500 Bellevue.WA 98004 Tel:425-451-4500 Fax:425-451-4190 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 Cover Sheet Project Title Exceptions to Contract Hosler Dam Stability Analysis, Project No. 10-04 URS would like the opportunity to discuss and negotiate with the City of Ashland regarding the Legal Name of Proposer terms and conditions for this project. URS Energy&Construction, Inc. Legal Status Corporation rederal Tax 1D Niuuber 34-0217470 Mailing Aildress 10900 NE 8th Street,Suite 500 Bellevue,Washington 98004 Contact Person for tuts Proposal Steve Samuelson, PE Project Manager Phone: 425-451-4284 Fax: 425-451-4980 s tev e.sa m u el so n(Q u r S.co m Person Authorized to Sign Contract: Mike Pavone, PE Manager of Engineering Phone: 425-451-4592 Fax: 425-451-4980 mike:navone0urs cony , Signature July 13, 2011 UM - - City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 1 Understanding of Requested Service "Tensile stresses on joints that remained closed, due to the use of a 250 psi tensile strength, were very low Our understanding and approach to the City of and localized. Therefore, it was felt that the use of Ashland's(City's) project are summarized below. this 250 psi tensile strength was acceptable." The RFP scope items are as follows: As a result, conclusions were focused more on 1. Review previous structural studies and reports for general location 2, the dam concrete/foundation rock Hosler Dam and prepare a plan of analysis contact. Physical model studies by the USBR have 2. Review existing action threshold levels and demonstrated that structural failure of the dam operational procedures for deflection and concrete is theoretically possible if external loads earthquake magnitude produce high enough stresses within the body the dam, but admits that "...There have been no known wn 3. Submit a revised Supporting Technical Information arch dam failures... ...no direct empirical evidence to Document(STID)that includes the results of recent indicate how an arch dam would structurally fail..." geotechnical investigations Documented failures of arch dam have all been attributed to foundation failures. One of the most 4. Submit two preliminary design alternatives to prominent arch dam failures, Malpassel In France in modify Reeder Reservoir to safely increase the 1959, was a catastrophic failure attributed by most maximum storage capacity by a minimum of 620 experts to a foundation failure. Interestingly, Moyie Acre-Ft. and Lake Lanier dams each experienced foundation The first three scope Items are more closely related failures of their respective abutments without and can be characterized as related to dam safety structural failure of the arch. These indicate an evaluations and will be addressed in our first emphasis on establishing the best estimates for technical report(Deliverable 1)and edits to an shear strength of the dam/foundation contact,which existing document provided by the City of Ashland, has been the appropriate focus of the most recent the Hosler Dam Supporting Technical Information studies. Document(STID-Deliverable 2). The fourth scope Now that field exploration, material testing and Item is essentially a stand-alone(except for some evaluation Is complete, the present scope of work is analysis input using the finite element model) focused on evaluation of the ability of the dam to reconnaissance level design study and will be transfer load to adjacent monoliths from the taller addressed in our second technical report monoliths, where cantilever action is maximum and (Deliverable 3). the shear factor of safety greater than 1, but less Dam Safety Evaluations than FERC minimum safely factors. Initial review of The RFP and the background materials supplied by materials accompanying the RFP indicates that there the City indicate a analysis history commencing with maybe adequate information to satisfy the FERC the analyses completed by Harza in October, 2000 requirements without further finite element analysis. and continuing through field investigations and Part A comprehensive review and integration of all prior 12 services completed by Hatch Acres in 2009. information is needed in order to develop our draft of our Plan of Analysis. At a minimum, the plan will The initial investigations focused on dam stresses for include: Normal, Flood and Seismic loads. Since that time, 1.Summary of all Geotechnical and Material Testing the Potential Failure Modes Analysis(PFMA)of 2003 Conducted to date. has focused attention on evaluations of the potential for shear failure mechanisms. These were motivated 2.Kinematic evaluation of the foundation for any rock by FERC comments regarding the"Boldness Factor" wedges or other defects that could limit the for the dam, alternately referred to as the"Lombardi capacity of the dam. Number". The Boldness Factor for Hosler is 27, 3.Evaluation of all prior dam analyses to determine if implying that critical shear could occur in either of load redistribution from monolith M4 realistically twwo o general locations including: 1)within the body of ll y the dam or 2)at the contact with the foundation. can be expected, and if so what the implications are. Acceptable performance within the body of the dam (location 1)apparently was decided on the basis of redistribution 4.Dam analyses to evaluate the load rtribution to the model allowing redistribution from lift joints where adjacent monoliths, if required by edis We propose to kick-off these studies with FERC.FERC stresses exceeded an allowable of 250 psi. This teleconference to get as much specific input from model permitted load redistribution and found that: them as possible. Our Cost of Services has further UPage 1 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No.10.04 dam analysis priced as an alternate. The cost of Energy and include a concise summary of that in the the alternate is included in our bid price, only in the STID, as required by the STID. event that FERC requires additional finite element Reconnaissance Level Design Study modeling. The curvature of the dam, the nonlinear nature of the With regard to item 2 above, we note that foundation analysis, and the fact that some of the shear from the evaluations to date have focused primarily on the deeper central portion will redistribute tangentially shear strength of the interface. However, a complete means that It's not out of the question that a modest foundation evaluation per the FERC Guidelines increase in depth might be accommodated by the Chapter 11 requires consideration also of any rock existing dam with reasonable modifications. In wedges that might be created by dicontinulties in the combination with dredging to restore capacity lost to foundation. Our analyses would therefore begin with siltation and examination of possible adjacent the kinematic analyses to identify potentially capable impoundments, a viable alternative might be rock masses. This activity, in concert with our review achievable with simple modifications to the existing of all of the recent geotechnical evaluations would arch. Otherwise, this task is a straight-forward form the basis for the concise summaries needed for development of area-capacity relations that are Scope Item 3. permitted by the topography.We are assuming that As stated in RFP reference 25 with regard to area topography to a suitable level of accuracy will threshold levels, "Finite element models provide be provided by the City. useful checks but would have to be calibrated to Work Task Breakdown measure values" Furthermore, STID Section 2.2 We Identified eleven work tasks, which are used as states that"...deformations r draw-down- o are dues competing the basis for our cost proposal. The scope of work effects, the winter draw-down causes c upstream and task breakdown will be coordinated with the City crest deflection while the simultaneous cooling and adjusted as needed prior to proceeding with the causes de. Thus stream s deflection m of similar work. The tasks listed below are reflected in the magnitude. Thus the resulting measured deflection is the difference of two large numbers which makes pricing. its correlation to a measurable load, such as water Base Scope of Work level, very difficult to interpret in detail'. 1. Project Management URS agrees with these statements.A fundamental y, Review Background Material difficulty with calibrating measurements to model results is that a safety evaluation model typically 3. Meetings and Coordination incorporates conservative assumptions(no interface 4. Site Visit or joint tension,for example)that,while suitable for prudent safety evaluations, may not reflect actual 5. Foundation Evaluation physical conditions affecting deflection measurements.Additionally, other factors, such as 6. Evaluation Threshold and Action Levels creep of the concrete can cause trending in 7. Technical Report No. 1 (FEA/Action Levels) measurements which, even if Innocuous, must be accounted for in setting Threshold Levels. The hours 8• Update STI Document quoted for evaluating the Threshold Levels include 9. Evaluate Reservoir Storage Alternative evaluation of all survey measurements, including regression analysis for movement trends as well as 10. Technical Report No. 2(Storage Alternative) analysis of a revised finite element model (if Alternate Scope of Work required)that incorporates the most realistic assumptions, not the most conservative 11. Alternate FEA and Report(if required by assumptions. Results of this model will be used for FERC, this will be included in Technical guidance in selecting Threshold Levels, but not Report No. 1) included in the safely evaluation report. Updating the Supporting Technical Information 2. Proposer's Capabilities Document(STID)is a straight-forward task that will be simply accomplished, once the geotechnical URS Corporation,a Fortune 500 company, provides evaluation of the foundation is completed for use with a full range of services to our clients worldwide. URS' the Finite Element Analyses.We also will review the heritage of water project design and construction erosion evaluation already completed by Hatch dates back more than 100 years. Today our project experience totals 96 concrete dams, numerous Tim Page 2 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 tunnels and over 50,000 megawatts of installed 3. Project Team and Qualification hydroelectric capacity Including all types and sizes of hydro plants, with capacities from 1 to 12,600 We are proud to offer the City a local team with megawatts and with heads from 21 to 2,165 feet. exceptional qualifications. Our team's technical These projects are located throughout North and strengths are apparent from our depth of experience South America,Asia, Europe, and the Middle East. and length of service to many of our clients. Our We have been providing dam and hydroelectric team includes the FERC-approved Independent engineering n providing out of our Bellevue, Consultants for numerous FERC-licensed hydro Washington, office for more than 11 years. Dam projects. URS performed the 2008 Part 12 inspection and PFMA for Mossyrock Arch Dam, 2008 Part 12 safety engineering services has a longstanding and inspection of Mayfield Arch Dam, FEM analysis of important component of our suite of water resources the Mossyrock Arch Dam in 2010, the 2007 Part 12 sery ices.We offer a wide range of dam safety inspection and PFMA for PGE's Pellon Arch Dam, engineering services for hydroelectric and water and many other dam safely related consulting resource projects. Our experience encompasses services. dams of all sizes and types. URS has provided dam safety related planning, licensing, engineering and Another example is URS'long-standing working construction to many clients in the public and private relationship with PPL Montana, where we have sectors and has become a recognized leader in the providing FERC Part 12 related services for over 40 Industry. years. Our ability to work well with FERC is also illustrated in our project experience. URS worked URS has more than 50 people in our Bellevue, with FERC for three years to ensure design Washington, office who can be available as needed compliance on Cowlitz County PUD's Swift No.2 to support our proposed project team. In addition, reconstruction project. URS has also provided multi- specialists in numerical analysis are also available In discipline support services to the District since 2007 our Denver, Colorado,office to augment the team as that included services for meeting FERC dam safety needed. requirements. Our key personnel are based in Bellevue, Experience In Concrete Dam Analysis Washington,and are available to meet on site or in the City's office as necessary. URS will communicate URS is very well qualified for performing analysis and with the City by phone or e-mail to keep travel costs design of dams and all types of appurtenant down and can share large documents with the City structures. Our expertise includes design of new with our secure on-line project a-room. dams, spillways, tunnels, and powerhouses as well S as rehabilitation, replacement, and upgrade of Steve Samuelson, our proposed Project Manager and Technical Lead, has no current commitments existing structures. - performance of this work, our that would interfere with his attention and engineers use state-of-the-art programs tools including FLAC performance on this assignment. He recently and rams d computer programs as well as several programs developed in-house.We perform static and completed an intense two-year design job for PPL dynamic, linear and non-linear 3D numerical Montana—the seismic remedialion of their Hebgen analyses of structures for applicable loads including outlet works. This job is currently under construction. earthquakes and floods. URS has performed stress Part-time engineering in support of construction is his and stability analyses of more than 30 concrete only other activity connected with that job, and he dams, including two-and three-dimensional currently has 80 percent availability. All other staff numerical Finite Element Method(FEM)stress have very good availability and can easily analysis.A synopsis of FEM analyses performed by accommodate the needs of the City. The peer URS appears in the following table. reviewers will be available as needed, but need to be scheduled with some lead time. tMS Page 3 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 Concrete Dam and Reinforced Concrete Hydrandic Structur Finite Element Analysis _ Regulatory Project Name Client Year Reg status Agency Hebgen Outlet Works Structural Remediallon PPL Montana 2010 FERC Pending_ Fond du Lac Gravity Arch Dam Minnesota Power 2008 FERC Pending_ Mystic Arch Dam Seismic Structural Evaluation PPL Montana 2005 FERC Accepted Hoist Gravity Arch Dam Upper Peninsula Power Company 2004 FERC Accepted Swill No.2lntakelSAS Cowlitz County PUD 2004 FERC Accepted Castaic Inlet/Oullet Tower California Dept of Water Resources 2004 CA-DWRIDSOD Accepted Patton Arch Dam Dynamic Analyses Portland General Electric 2003 FERC Accepted Willamette Falls Sections A•A and G-G Portland General Electric 2002 FERC Accepted Hauser Gravity Dam-Right Abutment FEA PPL Montana 2001 FERC Accepted Milltown Intake FEA Northwestern Energy 2001 FERC Accepted River Mill Ambursen Dams Portland General Electric 1999 FERC Accepted Merwin Arch Dam Pacificorp 1999 FERC Accepted North Fork Arch Dam Portland General Electric 1998 FERC Accepted Easlside Reservoir InlegOullet Tower Mel Water District of Southern CA 1998 CA DSOD Accepted Hauser Gravity Dam Spillway PPL Montana 1991 FERC Accepted Long Lake Crescent Dam Avlste/Washington Water Power 1996 FERC Accepted Ryan Spillway Dam PPL Montana 1994 FERC Accepted Cougar Lake and glue River Inlet/Outlet Tower US Army Corps of Engineers 1993 ACOE Accepted Selective Water Withdrawal FEM Analyses Jackson Bluff Buttress Dam City of Tallahassee 1993 FERC Accepted Cabinet Gorge Arch Dam Avista 1993 FERC Accepted Kerr Arch Dam PPL Montana 1988 FERC Accepted Principal Involvement:Our proposed project team linear and nonlinear analyses, static and dynamic Includes the following principal/key staff: analyses for concrete dams of all types. • Steve Samuelson, Project Manager, Technical Design experience includes structural remediation Lead—Arch Analysis features for arch and buttress dams, design of new • Steve Goodin, Technical Lead—Foundation gravity dams, design of new buttress dams, post- Evaluation tensioning schemes for gravity dams, as well as • Bill Shaffer, Hydrology Studies design of reinforced concrete and steel appurtenant features for hydroelectric projects. He has extensive • Guy Lund, Peer Review—Arch Analysis experience in structural programming using the Joe Ehasz, Peer Review—Foundation ANSYS finite element analysis code. He has Evaluation developed numerous macro routines used for Team Qualifications modeling dams, running solutions and post- processing results. Detailed resumes are included as an attachment to Steve Goodin, PE,Technical Lead—Foundation this proposal. Evaluation. Mr. Goodin is a registered professional Steve Samuelson, PE, Project Managor, geological engineer with more than twenty five years Technical Lond —Arch Analysis. Mr. Samuelson is of experience in subsurface rock excavation design, a FERC-approved independent Part 12 consultant subsurface construction management, and with 19 years of experience in dam safety geotechnical site characterization. His duties have inspections, analysis, evaluations and design. He is included design of subsurface tunnels and large a registered PE in Oregon. He specializes in the underground alcoves in rock, performing rock computer modeling of concrete dams and has mechanics dam foundation analysis for determination evaluated concrete arch, buttress and gravity dams. of rock structure and rock parameters used in His capabilities include gravity dam analysis, numerical analysis, and leading the geotechnical structural analysis, seismic structural analyses, portion of the rock mechanics analysis and design for reinforced concrete and steel design, stability - the deep rock excavation of the Rainbow analysis and finite element analysis. He has Redevelopment 60 MW Powerhouse Project. He performed two and three dimensional analyses, participated as geotechnical expert and lead inspector in the Cowlitz County Mayfield Dam FERC UPage 4 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 Part 12 Inspection which he prepared, as lead mechanics design, analysis, and construction of author, both the Probable Failure Mode Analysis and earthworks and foundations for dams, embankments, Part 12 Inspection Report. Mr. Goodin recently and major civil works. He has been on the Board of completed a foundation evaluation in support of arch Consultants for many FERC-licensed hydroelectric dam finite element analyses for Mayfield Arch Dam. projects, Including review and evaluation of He was also manager of the geotechnical engineering, design and constructability as well as Investigation activities related to the North Anna instrumentation and monitoring programs and the Nuclear Power Plant Unit 3 upgrade. review of performance of the dams, spillways, and Bill Shaffer, PE, Hydrology Studies. Mr.Shaffer embankments. He was recently named one of the 20 has more than 33 years of civil engineering most influential people in dam engineering by experience in planning, reconnaissance, feasibility, International Water Power and Dam Construction permitting, licensing, design, construction, and safety magazine. related inspections and analyses of water resource projects. Technical experience includes extensive 4. Resources work in hydrology, hydraulics, structural stability, project layout, project operations and economic URS offers the City a wide range of resources and evaluations. This experience has included the industry-leading experience with FERC-licensed evaluation of floods and water surface profiles, the hydro projects. evaluation of flow characteristics in rivers and channels, flood routing through channels and The schedule for FERC review and comment can reservoirs, and dambreak analyses. Hydroelectric never be predicted exactly and if future issues arise project experience has included approximately 30 following completion of this specific scope of work, projects in which he participated in the Part 12 URS has the flexibility to accommodate any such inspections and/or significant involvement in requests. preparation of Part 12 Safety Inspection report. His Our finite element expertise is located in water experience also includes the development of resources centers in Bellevue,Washington and numerous Probable Maximum Flood studies, Denver Colorado. Bellevue engineering is leading evaluation of frequent floods, dam breach and the effort, due to our proximity to the site. The inundation studies. majority of concrete dam finite element analyses Guy Lund, PE, Poor Review—Arch Analysis. performed by these offices have used the software Mr. Lund has approximately 30 years of experience program ANSYS. Our programmatic approach uses in civil/structural engineering, with a focus on dam modular proprietary analysis routines and input engineering and dam safety projects. His experience scripts. This allows a modeling effort from one office includes hydraulic and structural design of spillways, to be replicated in the other office without having to outlet works, and appurtenant structures, finite transfer large electronic binary files. The table element analyses for thermal, static, and dynamic below summarizes additional staff in each office that loading conditions,linear and non-linear are experienced in numeric modeling of concrete methodologies, field investigations, construction dams and hydraulic structures. inspection observation. He is an active member in the U.S. Society on Dams(USSD)and the Years of Experience on Association of State Dam Safety Officials(ASDSO). Name Location Dam Numerical Analysis He currently serves on Board of Directors of USSD. Adam Callon,PE Bellevue 1 He was the co-host and presenter to engineers on Charles Deng,PE,PhD Bellevue 7 the current state-of-the-practice in the analysis, Chad Gillan,PE Denver 9 evaluation, design and construction of concrete Scott Jones,PE,PhD Denver 7 dams. As part of the workshop, presented methods Michael Ledesma,PE Denver 15 used to verify complex studies, and methods used to Warren Paul,PE Denver 33 evaluate concrete arch dams. Although seismic issues are not part of this scope of Joe Ehasz, PE, Poor Review—Foundation work, It seems that seismic design criteria gets Evaluation. During his 45-year career, Mr. Ehasz revised at intervals and URS has the expertise to has engineered and managed complex and respond. Seismic criteria for Pacific Northwest challenging projects with a combined construction clients is usually handled by the following Individuals: total of over$3 billion. He has specialized in civil and C.B. Crouse, PhD, PE—Responsible for geotechnical-related aspects of water resources and power plant structures; in particular, the soil and rock development of input ground motions including *�C Page 6 City of Ashland, Department of Public Works Hosler Dam Stability Analysis Project No. 10.04 response spectra and time histories. C.B. is highly respected within the seismology industry and has a Understanding of Assignment very close rapport with the FERC seismicity authority, I.M. Idriss. • We have a proven record of performance on many a similar assignments with Northwest Utilities. Bonnie nd R.G. C.E.G.—Responsible for • We clearly understand the services needed to geologic and site specific seismicity evaluations from our Bellevue,Washington Office. resolve the outstanding dam analysis issues. DamSmart is a URS subsidiary based in St. Louis, Conmilpuent Missouri. DamSmart is a comprehensive • We have a long term commitment to service the instrumentation and data management system hydropower industry from our Bellevue Office. designed for performance monitoring of dams, • Our key personnel are highly qualified and tunnels, and other civil infrastructure. DamSmart can committed to the performance of engineering be used as part of an early warning system or for services for the City. long-term performance monitoring of dams and other critical Infrastructure. Our DamSmart group is a good resource for performance monitoring and also can provide any services related to the City's early warning system. 5. Response Time Our staff has immediate availability to begin work upon Notice to Proceed. The URS team Is based out of our Bellevue office, which is about%day travel time to the City's office or the dam site. URS will manage the response time and schedule for all work products by timely and effective coordination with the City.We suggest an early coordination meeting with the City and FERC to establish a realistic schedule that meets the requirements of all parties. After the schedule has been established, the URS project manager will provide monthly status reports to the City that will include summaries of work performed, cost of services, and progress. Why URS? Experience and Capabilities • We offer a large local engineering staff specializing in engineering services for existing hydro facilities, with a comprehensive array of water resources expertise across disciplines. • Dam safely engineering services are a core business line for the Bellevue Office.We have recently completed similar arch dam analysis assignments. Reputation • We have excellent credibility and trusted relationship with the FERC. • We are committed to efficient resolution of issues for our clients. UM Page 6 Resumes U Steven A. Samuelson, P .E . Project Manager, Technical Lead — Arch Analysis Areas of Expertise overview Mr. Samuelson is a FERC-approved independent Part 12 consultant with Arch dam analysis 19years of experience in clam safety inspections,analysis,evaluations and ° Gravity dam analysis design. He specializes in the computer modeling of concrete dams and Structural analysis and design has evaluated concrete arch,buttress and gravity dams. lie has ° Seismic structural analysis successfully accomplished numerical analyses of concrete hydraulic • Reinforced concrete&steel structures of various types for projects licensed,regulated or owned by design the FERC, California Division of Safety of Dams,and the U.S.Army Stability/stress analysis Corps of Engineers. Finite clement analysis His capabilities include gravity dam analysis,structural analysis,seismic FMC-Approved Party structural analyses, reinforced concrete and steel design,stability analysis Consultant and finite element analysis. lie has performed two and three dimensional Years of Experience analyses,linear and nonlinear analyses,static and dynamic analyses for Years With URS: l') concrete dams of all types. With Other Firms: 1 Year Design experience includes structural remediation features for arch and Education buttress dams,design of new gravity dams,design of new buttress dams, post-tensioning schemes for gravity dams,as well as design of reinforced IdaGild Idaho/1991 Engineering/University of concrete and steel appurtenant features for hydroelectric projects. He has da BA/Arclutecaire/University of extensive experience in structural programming using the ANSYS finite Idaho/1988 element analysis code. He has developed numerous macro routines used Registration/Certifica for modeling dams,running solutions and post-processing results. tion Dams for which Mr.Samuelson has inspected, participated in FERC or Professional other agency inspections,or conducted stress and/or stability analyses EnginecrAvaslington/1999' include the following: Professional, 'hacot— m1 Powe Portland General Electric Engineer/Califoerla/21103 ° Mayfield Arch Dam • North Fork Arch Dam ° Alder Arch Dam • Pelton Arch Dam Professional ° La Grande Gravity Arch • Pelton Reregulating Dam I nl;incer/nliclrigom/2003 Dam • River Mill Ambursen Dams Professional ° Mossyrock Arch Dam • Faraday Forebay Gravity Dam Engineer/t\linnesola/2008 Wynoochee Gravity Dam • Willamette Falls Gravity and Professional Buttress Dam Engineer/\lonfana/2005 professional E ngi nce r/Oregon/2005 URS Pncifc Ons& Electric PPL i4fontana form rly l\Iontana Power Co) • Rock Creek Gravity Dam Kerr Arch Dam • Cresta Gravity Dam Lake \Mystic Arch and Gravity Dams • Pit 6 Gravity Dam Ryan Gravity Arch Dam Cochrane Gravity Dam Oily of Jicks_onvills . ° Holter Gravity Dam Jackson Bluff Buttress Dam Mornay Gravity Dam Idaho Power Company Madison Timber Crib Dam ° Brownlee Embankment Dam ° Hebgen Embankment Dam ° Oxbow Embankment Dam Rainbow Timber Crib Dam ° Hells Canyon Gravity Dam Hauser Gravity Dam ° Thompson Falls Gravity Dams PacifCom Milltown Timber Crib Dam ° Merwin Arch Dam Soda Springs Arch Dam LNinnesota Power • Ixmolo Lake Rockfill Dam Fond du Lac Gravity-Arch Dam • Slide Creek Gravity am ° Thomson Arch Dam y 1lpner Peninsula Power Co. Avista Floist Arch Dam Cabinet Gorge Arch Dam ° McClure Gravity Dam ° Lang Luke Arch Dam Silver Like Gravity&Embankment Dams ° Long Lake Gravity Dam °: Post Falls North Channel Gravity Dam City of A h vill ° Nine Mile Gravity Dam ° Like Secession Multiple Arch Buttress Darn City of Houston San Jacinto(Lake Houston) Dam Other Project Specific Experience Mayfield Hydroelectric Development, Cowlitz Hydroelectric Project, Tacoma Power. Lead engineer responsible for nonlinear dynamic titre history analysis of this 250 Coot-high,209 foot-long double curvature arch dam on the Cowlitz River in Western Washington. Food du Lac Arch Dam, Minnesota Power Company. Performed nonlinear finite element analysis of this 82 foot-lugh by 450 foot long gravity arch for all loading conditions, and performed a sensitivity study of the non- overflow sections using a custom three-duncnsional stability analysis spreadsheet. Mystic Lake Hydroelectric Project, PPL Montana. Co-lodependcnt Part12 consultant responsible for the conduct of the 2004 FERC 5-year safety inspection and preparation of the Potential Failure Modes Analysis (PFtNIA) report and Supporting Technical Information (STI) document for this 45 foot-high double-curvature arch dam. Also responsible for 2008 finite element analyses of the arch dam for all loading conditions, including dynamic analysis for the seismic loading condition. Kerr Arch Dam, PP&L Montana. Independent Consultant responsible for the 2006 Part 12 inspection, potential failure modes analysis report and SPI document. Reviewed the 1988 scisuaic analyses of the arch dam as part of the preparation of the 1996 Part 12 Inspection report. Reviewed and checked the tendon design for the right abutment of the arch dam,which was stabilized against seismic loads. 2 TIRS North Fork Hydroelectric Project, Portland General Electric. Co-Independent Partl2 consultant responsible for the conduct of the 2004 FERC 5-year safety inspection and preparation of the Potential Failure Modes Analysis report for this 207-foot-lugh Arch dam. Responsible for production of the PFMA report, the STI document, and the 2004 Part 12 Inspection Report. Also participated in the 1998 inspection and contributed with the production of the Part 12 report for that inspection. He also was project engineer for the dyne nic finite element analysis of the arch dam. Pelton Hydroelectric Development, Portland General Electric: Project Manager for the conduct of the 2003FERC 5-year safety inspection report for this 196-foot-Iigh double curvature arch dam. Co-Independent Consultant responsible for the 2007 FERC 5-year safety inspection, including preparation of the STI document, PFMA report and Part 12D report. Thomson Arch Dam, Minnesota Power Company. Responsible for the 2009 Part 12 inspection of Dam no. 6. Hehgen Development, Missouri-Madison Hydroelectric Project, PPL Montana. Project engineer responsible for inter-disciplinary coordination and technical lead for the structural remediation of this 100 year- old,25 foot-wide by 57 foot-long by 76.5 foot-high intake near West Yellowstone. Seismic rehabilitation features had to consider very high seismic loads due to a M,,.7.2 Maximum Credible l2arthquake occurring on a fault at 0.1 km from the site. Silver Lake Hydroelectric Development, Dead River Hydroelectric Project, Upper Peninsula Power Company. Project manager responsible for the 2005 feasibility study for the project reconstruction. The study involved investigation of the technical and economic feasibility of reconstructing the site of a deployed fuse plug spillway. Technical considerations included increasing project spillway capacity to accommodate the PMF, and construction at a site with erodible foundation material. Alternatives included labyrinth spillway options, but the preferred alternative included a concrete-armored embankment as an auxiliary spillway. (2005) River Mill Hydroelectric Development, Portland General Electric. Lead engineer responsible for 3 D static and dynamic finite element analyses for normal, PMF and earthquake loading for concrete Ambursen dam. Was responsible for all dynamic analyses performed for the initial seismic evaluation of the existing dams, dynamic analyses for the feasibility study for seismic rehabilitation, and dynamic analyses for design of final remediation features. Designed the mass concrete infilh remedial features for the powerhouse dam, and determined the suvctural features required for remediation of the spillway dam required to ensure safety for the hdaxhnumr Credible Earthquake (NICE...) Also responsible for development, implementation and project management of a high-tech field investigation and material testing program. Program involved extensive non-destructive testing, coring and laboratory testing to establish a correlation between compression wave velocity and uniaxial compressive strength of concrete. The results of the program were used to develop the loth percentile uniaxial compressive strengths used for design of remedial features at the project. Hoist Hydroelectric Development,Death River Hydroelectric Project,Upper Peninsula Power Company. Project Manager and Engineer responsible for the 2004 safety evaluation and 2005 stabilization study for this 56- foot high arched gravity clam. Tendons were recommended by the 2005 stabilization study for remediation of the dam. Also responsible for a supplemental drilling and testing program to investigate concrete quality and develop shear parameters. Also served as Project Manager for remediation of the embankment at the right abutment of this development. (2004-2005) Mossyrock Hydroelectric Development, Tacoma Power. Co-Independent Consultant responsible for Part12 inspection and PFMA report for this 605 foot-high, 1,200 foot-long double curvature arch dam on the Cowlitz river in Western Washington. 3 URS Mayfield Hydroelectric Development, Tacoma Power. Co-Independent Consultant responsible for Partl2 inspection and PFMA report for this 250 foot-high, 209 foot-long double curvature arch dam on the Cowlitz river in Western Washington. Hauser Development, PPL Montana. Nonlinear 2D finite element analyses in support of the tendon installation. Tendons were required to unprove the stability of the dam for the flood and seismic load cases. Results of the finite element analyses reduced the cost of rehabilitating die dam by 50 percent. These finite element analyses dam were published in Volume 2, Number 4 of Ansys Solutions, Fall 2000 in an article titled "Nonlinear Analysis Saves Money on Dam Rehabilitation." Swift No.2 Project Reconstruction,Cowlitz County P.U.D., Cougar,Washington Responsible for the 2004 3D dynamic FEM analysis of the 95 Foot-high concrete intake and surge-arresting-structure intake for seismic loads. Castaic Outlet Works High Intake, California Department of Water foot High intake tower for MCE seismic loading including a ductility evaluation,ANSYS dynanuc analysis,and ACI evaluation of reinforced components. San Roque Multipurpose Project, San Roque Power Corporation. Responsible for the 2D finite element analysis of the horseshoe-shaped concrete liner for the lower grouting gallery subject to 225 nieters of external hydraulic pressure. Hakkari Dam and HEPP, Republic of Turkey General Directorate of State Hydraulic Works,Responsible for the 2D finite element analysis of the concrete grouting gallery subject to 170 meters of external hydraulic pressure. Diamond Valley Lake (Eastside Reservoir) Project, Metropolitan Water District of Southern California. Lead engineer responsible for dynamic finite element analysis of 280 Coot-tall inlet/outlet tower for new 800,000 ac-ft water supply reservoir. North Umpqua Hydroelectric Project, Pacificorp. Responsible for inspection, evaluation, and non- destructive testing of water conduits totaling approximately 40 miles, and including over 20,000 feet of steel penstocks and over 5,000 feet of tunnels as part of the 1992 Resource Utilization Study Cabinet Gorge Arch Dam,Avista Corp.,Clark Fork River. Complete responsibility for reanalysis of the arch darn for the PMF load case and conducting sliding stability analyses of the left thrust block using an existing nonlinear finite element model on ANSYS. Responsible for developing Conclusions and evaluations and production of the final report. Long Lake Crescent Dam, Avista Corp., Spokane River. Responsible for oversight of the finite element modeling, analysis, and evaluations. Provided in-house consultation with the analysis team in the conduct of the static nonlinear analyses of the arch darn for normal,winter,sununer and PMF loading conditions. Reviewed the final report for conformance with accepted engineering practice and the FERC guidelines. Performed stability analyses for the concrete gravity spillway section of the main dani. Black Eagle Development of the Missouri Madison Hydroelectric Project, PPL Montana. Engineer responsible checking stability analyses of the two forebay sections, the spillway and the waste gate section. Also participated in the 1995 and 2000 field inspections and assisted with report preparation. 4 URS Morony Development of the Missouri Madison Hydroelectric Project, PPL Montana. Engineer responsible for stability analyses of the left abutment, spillway and right abutment sections of the gravity dam in support of the Part 12 dam safety inspection. Also included in this dam safety work was report preparation. Madison Development of the Missouri Madison Hydroelectric Project, Montana Power Company. Engineer assisted with the 1994 Part-12 dam safety inspection. San Jacinto Dam, City of Houston. Responsible for all stability analyses of the 3,160 foot long Ambursen type buttress dam using the gravity method of analysis Holter Hydroelectric Development, PPL Montana. Co-Independent Part12 consultant responsible for the conduct of the 2005 FERC 5-year safety inspection and preparation of the PFNIA report for this 135-foot-high gravity dam. Responsible for production of the PFNIA report, the STI document, and the 2005 Part 12 Inspection Report. Also participated in the 1995 and 2000 Part 12 inspections and contributed to the Part 12D report preparation. Also responsible for pseudodynanuc seismic evaluations of the gravity sections in 1994, with simplified re-analysis supporting the 2000 inspection effort. Hauser Hydroelectric Development, PPL Montana. Co-Independent Part 12 consultant responsible for the conduct of the 2005 FERC 5-year safety inspection and preparation of the Potential Failure \lodes Analysis (PFbW) report for this 128-foot-high gravity dam. Responsible for production of the PFMA report, the Supporting Technical Information Document,and the 2005 Part 12 Inspection Report. Merwin Arch Dam, PacifiCorp.Performed in-house review and consulting for the dynamic analyses of the arch dam. Analyses were conducted for the normal sunwter, winter scisnuc loading conditions. Was responsible for stability analysis of the right abutment non-overflow section of the darn. Chronology URS and predecessor companies, 1991 -Present Contact Information URS Washington Division 10900 NE 8th Street,Suite 500 Bellevue,WA 98004 425-451-4284 425-451-4541 (fax) s ev•ns;utntei�on n u�.your_ 5 URS Stephen W. Goodin, P .E . Technical Lead — Foundation Evaluation Areas. of Expertise Overview • Nuclear Tunnel and Ruck Lxcavation Design Iolr. Goodin is a registered professional geological engineer with more than twenty five years of experience in subsurface rock excavation design, subsurface • Nuclear Tunnel construction management, geotechnical site characterization. His duties have Construction included design of subsurface tunnels and large underground alcoves in rock, Management performing rock mechanics dam foundation analysis for determination of rock • Slope Stability structure and rock parameters used in numerical analysis, and leading the • Rock& Soil Anchors geotechnical portion of the rock mechanics analysis and design for the deep rock excavation of the Rainbow Redevelopment 60 hl\Xt powerhouse Project. He • Nuclear Geir[echnirul participated as geotechnical expert and lead inspector in the Cowlitz County Site Characterization Mayfield Dann 1'LRC Part 12 inspection which he prepared,as lead author, both the Testing Probable Failure Mode Analysis and Part 12 Inspection Report. He recently Years of Experience performed rock mechanics analysis for the foundation of Mayfield Dam, a 255 ft. • With URS: 10 Years high arch dam, in support of the nonlinear time history dynamic finite element analysis. He was assigned as the Assistant Project Manager over a major • With Other Firms: 17 geotechnical data collection program for the California Delta Canal Project wltich Years included approximately 180 planned ship and land based geotechnical borings for Education characterization of canal, supporting intake and pumping facilities, and tunnel • 13 S/Geological construction. His engineering responsibilities included preparation of subsurface Engineering/1982 facility design drawings, specifications, and analyses for design oF'173M bored, drill University of Nevada, and blast, and roadheader excavated tunnels and underground test facilities as part Reno of the design of the high level nuclear waste repository at the Nevada Test Site. Mr. Goodin was recently assigned as the manager of the geotechnical investigation Registration activities related to the North Anna Nuclear Power Plant Unit 3 Upgrade. e Registered Professional Geological Engineer, Project Specific Experience Nevada#9205 - Supervising Geotechnical Engineer, URS Corporation, Bellevue, WA • Mayfield Dam Stress and Stability Analysis — Performed post construction rock mechanics analysis of the dam foundation and abutments based on documented data. The results of the analysis were used in the numerical stability analysis model for identification of potential wedge and failure planes within the abutments and foundation rock. • Manager of Geotechnical Investigation for North Anna Unit #3 Nuclear Power Plant. This investigation included over 60 boreholes and 5 test pits in support of construction of a new nuclear unit at the site. As on site manager of activities, responsibilities included quality assurance of drilling and sampling activities, laboratory assignment of all geotechnical samples, and interface with subcontract supervision on daily basis to ensure safety,quality, and schedule of project. URS • Lead author of Swift #1 Dam Instrumentation and Monitoring Plan. This plan provided the necessary analysis and implementation of safety monitoring instrumentation including piezomcters, weirs, crest movement monuments, strong ground motion accelerometers,etc, to satisfy FERC requirements. • Resident Engineer for construction of Rainbow Hydroelectric Powerhouse Project. Performance of resident engineering duties in construction of a 60 M\W hydroelectric powerhouse. Duties include resolving day to day mechanical, structural, and geotechnical design and QC issues between design engineers and the construction contractor; managing quality assurance inspectors; and maintaining an audited office quality assurance program including project plans and procedures. • Assistant Project Manager for the State of California, Department of Water Resources, Delta Habitat Conservation and Conveyance Program (DHCCP) gentechnical exploration program. This current position includes preparation of project documents and overall management of Geld activities. Field exploration activities collect geotechnical data from over 180 planned CPT and exploratory boreholes. The DFICCP Project is a planned 15,000 cfs water conveyance project including canals, tunnels, siphons, pumping plants and intakes that extends over 50 miles through the Sacramento delta. • Rainbow Powerhouse Redevelopment Project Lead Geotechnical Engineer. This position included design for construction of a new 60 MW powerhouse. The design included powerhouse deep rock excavation, slope stability, retaining wall, foundation,miscellaneous slabs,and rock anchors. • Lead author of Part 12 Inspection Report and Probable Failure Mode Analysis for Cowlitz County \dayfield Dam that included on site inspection of danr and supporting facilities. Chief, Construction Engineering & Technical Services, Defense Nuclear Agency (DNA) , Department of Defense, Nevada Test Site, Mercury, NV: 8 years experience. • Supervised engineers in the oversight of contractor construction, engineering, and testing activities related to containment of underground nuclear weapons tests at subsurface tunnel facilities that incorporated a designed system of excavated tunnels and underground test alcoves, emplaced concreted stenrmting, high pressure structural tunnel and shaft plugs,mechanical closures,and gas blocking techniques. • Performed formal event containment presentations to senior level DNA and DOE management and discussed and defended DNA's containment philosophy before a scientific review board of nationally recognized experts in containmrent science. Senior Engineer, Washington Group International, Yucca Mountain Project, 720 Park Boulevard, Boise, ID: 6 years experience. Goodin URS • Design engineering responsibilities included preparation of subsurface facility design drawings, specifications, plans, and analyses. These documents were prepared in accordance with NRC regulatory requirements in addition to other codes, regulations, project design requirements. Design included tunnel and underground facility layout, portal box-cut excavations, ventilation, and ground support design for subsurface test bed development. Senior Engineer, Integrated Science Solutions Inc. , Yucca Mountain Project, 1111 N. Civic Street Walnut Creek, CA: 1 year experience. • Provided technical support to the Lead Laboratory on the Yucca Mountain high level radioactive waste repository project by authoring Lead Laboratory DOE deliverable planning documents and integration of the program with other stakeholders. • Review of scientific analyses and model reports to incorporate information used in establishing performance confirmation test activities and test methndologies. Senior Engineer, Bechtel/SAIC Co. , Yucca Mountain Project, 1180 Town Center Drive, Las Vegas, NV: 6 years experience. • Responsible for management and oversight of several site characterization testing activities implemented within the NRC regulatory enviromnent requiring oversight of laboratory scientists and technician staff in execution of Field work related to repository geotechuical and hydrologic site characterization. Mining Engineer/Chief Mine Surveyor Nerco Minerals Mining Co. Hawthorne, NV: 2 years experience. • Duties in this position included nvning engincering and supervision of mine survey crew. • Supervision of all mine layout including pit,leach pad, haul roads,and utilities. Professional Societies/Affiliates American Rock Mechanics Association ASCE member Goodin 3 U Guy S. Lund Peer Review—Arch Analysts Overview Mr. fund is a registered engineer with approximately 30 years of experience who specializes in civil/structural engineering,with a focus on dam engineering and dam safety projects. His experience includes hydraulic and structural design of spillways,outlet works,and appurtenant structures, finite element analyses for thermal,static,and dynamic loading conditions,linear and non-linear methodologies, field investigations, construction inspection observation,preparation of contract documents, Areas of Expertise and report writing. Dam Engineering and Safety Concrete Dam Analysis and Design Mr. Lund has been the senior responsible engineer for several dam safety Finite Element Analysis evaluations,which have included independent consultant Part 12D 5-year inspections,Safety Evaluations of Existing Dams (SEED)inspections for Structural Analysis and Design the Fish and Wildlife Service(USF\WS),and Comprehensive Facility Hydraulic Analysis and Design Review(Cl'R)Reports for due U.S. Department of the Interior,Bureau of Engineering Geology Reclamation on several dams throughout the nation. Years of Experience Mr. Lund has been responsible for the hydraulic and structural design of With URS: 13 Years spillways,outlet works,and other appurtenant structures;structural design With Other Firms: 15 Years and analysis of concrete arch,gravity, and slab and buttress dams;seepage Education and slope stability analyses for embankment damns;and prepared Engincerhng/1990/ MS/Civil rehabilitation design measures for both embankment and concrete dams. University of Colorado, Denver Mr. Lund's field and construction experience includes preparing and BS/Civil Engineering/1982/ managing clue field investigations for both carthfill and concrete dams; Colorado State University,Ft foundation grouting;concrete placement for outlet works and spillways Collins and other appurtenant structures;engineer in charge of construction of rehabilitation measures on concrete dams. Registration/Certification Professional Engineer/CO Mr. Lund is an active member in the U.S. Society oil Dams (USSD) and Professional Engineer/ID the Association of State Dam Safety Officials (ASDSO). He currently Professional Engineer/14M serves on Board of Directors of USSD. He was the co-host and presenter to engineers on the current state-of-the-practice in the analysis,evaluation, Professional ingiuccr/U"f design and construction of concrete dams. As part of the workshop, Professional lingincer/'I-X presented methods used to verify complex studies,and methods used to Professional Engineer/VIA evaluate concrete arch dams. Professional Engineer/A Z More detailed experience has been provided in the following paragraphs: Professional Engineer/OK Project Specific Experience Concrete Dam Design and Analysis Strontia Springs Dam,CO: Principal engineer in the structural stability analysis,potential failure mode analysis,and development of the FERC Supporting Technical information (STI) Document of this 300-foot-high, double curvature thin arch dam. Evaluation included three-dimensional finite element analysis of dam,evaluation of stability include potential URS rock block in abumients, rock crodibility,and potential failure mode analysis. Prepare the surveillance and mouutoring plan in accordance with new FERC guidelines (2007) Denver Water,Williams Fork Dam, Denver,CO: Principal Engineer responsible for the three-dimensional analysis of this thin concrete arch dam. Used three-dimensional finite element method of analysis to evaluate the dam for usual (normal),unusual(Flood),and extreme (seismic)loading conditions (2010-2011). Hume Dam,Australia: principal engineer responsible for the structural analysis of the southern training wall (STVV) at Hume Dam. T'he STW consists of a mass concrete gravity retaining wall that has a maximum height of 150 feet. The will provides training for spillway discharges,and supports the embankment dam adjacent to the spillway discharge channel. The fitute element analysis used a two-dimensional model finite element model to sio ulate the soil/structure interaction behavior between the concrete gravity wall and embankment soil. The model was used to evaluate the safety of the proposed concrete buttress'stabilization,which includes a mass concrete buttress to provide additional support of the soil loads,during the earthquake and post earthquake loading conditions. McKelvey Dam,OR Facilitated a risk workshop to evaluate the proposed repair alternatives of this concrete arch dam. The esthnated probability of failure was developed for the existing dam(current condition)and each of the proposed modification alternatives. The esthnated risk for each alternative was used to justify the selected alternative,and the proposed staged construction approach for the dam (2009-2010). Medina Dam,TX. Principal Engineer responsible for the final design of post-tension anchors and downstream erosion protection at this 165 foot tall concrete gravity dam. Facilitated pre-bid meeting,assisted with the review of bids and selection of contractor (2009-2010). Lake Medina Dam,TX: Principal engineer responsible for the structural analysis and design of rehabilitation measures for this concrete gravity arch dam. The dam has a crest length of 1580 feet,and a maximum height of 165 feet. Two-dimensional finite element analyses (FEA)were found to be overly conservative. Three- dunensional FEA more accurately modeled the structural behavior of the darn and simulated historical operation records. Other evaluations included potential for rock scour due to overtopping flows during to the PMF event. Based on the results,conceptual alternatives were developed and presented to the owner. Final designs of the selected alternative,consisting of post-tensioning anchors for stability and reinforced concrete armroring for protection against rock scour,were prepared. (2006) Ivlr. Lund has also performed several structural stability evaluations for non FF..RC projects using the gravity, pseudo static,pseudo dynamic,and finite element methods. project in which Iv(r. Lund has been the responsible engineer are listed below: • Granite Dam,City of Prescott,A7.,: • Willow Creek Dam,City of Prescott, AZ: • Masonry Dam,City of Seattle,WA: • Lacantas Lake Dams,Georgia Pacific,Camas,WA • Lake T'ahonta Dam,Spartanburg,NC • New Ehner'Phonras Dam, U.S. Fish and Wildlife,OK. • Jed Johnson Dam, Fish and Wildlife Set-vice, OK. • lake Rush Dam, Fish and Wildlife Service,OK. • Checsntan Dam,Denver Water, CO. • Humphreys Dam, CO.' • Mountain Park Dam, U.S. Bureau of Reclamation, OK. • Pajarito Flood Retaining Structure, Los Alamos National Laboratories,Nlvl. • Burnt Mills Dam,Wheaton, h4aryland-National Capital Park&Planning Conmussion(NI-NCPPC), MD. • Narrows Dam, Phelps Dodge Co., NM • Acomita Dam Project, Pueblo of Acoma, NM. URS • Logan First Dam, Utah State University,Uf. • Mountain Dell Dim,Salt Lake City Corporation, UT. • Twin Lakes and Lake Mary Danis,Salt Lake City Corporation, UT. • Moawhango Daum,New Zealand, Electricity Corporation of New Zealand (ECNZ), • Upper Huia Dam, New Zealand,Water Care Services Limited • Toker Dam, Eritrea,Africa • Jiguey Hydroelectric Project, Dominican Republic Dam Safety Inspections Blue Ridge Dam,Arizona, Senior structural engineer responsible for the duce-dimensional analysis of this thin,concrete arch dam. Evaluation included study of thermal,static,and dynamic loads,correlation of model results with known deformations,rock block stability evaluation of foundation rock, report preparation. Also, participated in Potential Fadure Mode Analysis and assisted in the development of the Supporting'fechnical Information Document. Strontia Springs Dam and Hydroelectric Project, Colorado. Independent Consultant for the 2011 FERC Part 12D Safety Inspection Report of this 292-foot-high double curvature,concrete arch dam on the South Platte River near Denver,CO. Responsibilities included preparation of the revised Potential Failure Mode Analysis Report, revised Supporting"Technical Information Document(STID)and 2011 Safety Inspection Report. Also, Principal Engineer for the three dunensional snncmn:d analysis of the dam for thermal,static,and dynamic loading conditions. Study evaluated the safety of the dam with regards to the FERC guidelines for the evaluation of Hydropower projects, and included the three-dimensional finite element analysis of the dam for the thermal, static,and dynamic loads,potential for rock scour due to overtopping,and preparation of the surveillance and monitoring plan (SMP). Gross Dim and Hydroelectric Project,Colorado. Independent Consultant for the 2008 Periodic Safety Inspection Report of this 340-foot high,concrete gravity arch dam. Senior structural engineer for the three- dmnensional structural stability evaluation of the dam for thermal, static,and dynamic loading conditions. Performed daily field observation duties for the construction of the auxiliary outlet works through the right side of the dam. Williams Fork Dam and Hydroelectric Project, Colorado. Independent Consultant for the 1998 FERC Part 12D Safety Inspection Report of this this 209-foot high thin concrete arch dam. Performed the structural analysis and assessment of the spillway radial gates for tnmrdon pill friction and seismic loads as part of the inspection, and the initial slope stability analysis of embankment dike Also,participated in the 1993,2004,and 2009 FERC Safety Inspections. Prepare the Surveillance and Monitoring Plan for the project in 2007,and recently completed the three-dimensional finite ehenment analysis of the dam and foundation for die usual,uusual,and extreme loading conditions. Studies included linear and nonlinear analysis of the arch dam, block stability analysis of the foundation rock, review of potential rock erodibiliy during spillway discharges,and evaluation of rock anchor bolts in the left abutment. Oneida Hydroelectric Project,Idaho. Performed three-dimensional nonlinear finite element analysis of this concrete gravity dam showing the interaction between adjacent monoliths. (1991-1994)' Soda Hydroelectric Project, Idaho. Performed three-dimensional nonlinear finite clement analysis of this concrete gravity dam showing the interaction between adjacent nmonolidms. Also designed monitoring program using piezometers to evaluate the effect reservoir sedimentation had on the uplift pressure beneath the dam. (1990-1991). Ashton Dam, Idaho, FERC No. 2381. Principal engineer responsible for review of structural analyses and design of repairs to the appurtenant structures and powerhouse. Review three-dimensional finite element analysis 3 of the powerhouse for static and dynamic loading conditions,evaluation of right abutment crib wall,and designed repairs for all concrete structures. Reviewed contract drawings,specification paragraphs,and design report. Upper Mechanieville Project, New York. Independent Consultant for the 2005 FERC Safety Inspection Report. Duties included performing the safety inspection, potential failure mode analysis and preparation of the PFbIA report,and preparation of the supporting technical information document. Pelton Hydroelectric Project,Oregon. Senior structural engineer and project manager for the structural inspection and stability analysis for the 1997 FERC Safety Inspection Report and Structural Stability Analysis Repot of this 205 foot high thin concrete arch darn. Performed three-dimensional finite element analysis and evaluated the normal, flood (PlvM and extreme seismic loading conditions. Analysis included a three- dimensional transient thermal analysis of the concrete temperatures,stress and deformation analysis of structure, and abutment stability analyses. Cutler Hydroelectric Project,Utah. Performed two-dimensional analysis of this gravity arch dart for response to recommendations in the FLRC Safety Inspection Report. Prepared structural designs for rehabilitation of spillway piers to have adequate capacity against seismic loads. Prepare contract documents for demolition of existing spillway piers,repair of radial gates,and construction of new piers. (1989-1990) Ross and Diablo Hydroelectric Projects,Washington. Senior structural engineer responsible for the full three-dimensional analysis of this 389-foot-high thin arch concrete dam. Evaluated the usual,unusual,and extreme loads and assessed the safety of the damn in accordance with the FLRC guidelines. The analysis included the evaluation for structural continuity,and sliding stability of the structure. Rock Island Hydroelectric Project,Washingto. Independent Consultant for the 2011 FERC Part 12D Safety Inspection Report of this 648 MW project on the Columbia River. Additional responsibilities include structural engineer for the 1996,2002,and 2007 FERC Portl2D Safety Inspections, participation in potential failure mode analysis workshop,structural/thermal analysis of the North Abutment Drop Structure,review of all structural stability studies,evaluation of surveillance and monitoring instrumentation,and assessment of potential erosion in the downstream river channel. Rocky Reach Hydroelectric Project,Washington. Independent Consultant for the 2008 FERC Part 12D Safety Inspection Report of this 1249 MW project. Duties included preparation of the potential failure mode analysis report,and preparation of the safety inspection report. Structural engineer for the 1996,and 2002 FLRC safety inspections,review of all structural stability evaluations,and structural evaluation of radial gates. Lake Chelan Hydroelectric Project,Washington. Structural engineer for the 1996,2002,and 2009 FLRC Part 12D Safety Inspection Report. Participated in the potential failure mode analysis workshop for the project, performed static and dynamic structural analysis of the surge tank using finite element method,and performed two-dimensional static and pseudo static analysis for the dam. Mr. Lund has been the responsible Senior Engineer for Comprehensive Facility Reviews (CFR)for Bureau of Reclamation projects. Mr. Lund was responsible for the entire project,which included evaluation of construction and design, structural behavior,seismic hazard, hydrologic and hydraulic hazard,potential failure modes, consequences of failure,risk analysis,performance parameters,and preparation of the CFR examination report. • Angostura Dam,South Dakota, Composite Concrete Gravity and Embankment Dam. • Senrinoe Dam,Wyoming,Thin Concrete Arch Dam. • Morrow Point Dam,Colorado,Double Curvature Thin Arch. • Crystal Dam, Colorado, Double Curvature Thin Arch. Mr. Lund has also performed the duty of Sendor Engineer for the comprehensive facility review of dams owned and operated by non-government organizations (NGOs),as fisted below: 4 URS • Max Stareke Dam, Lower Colorado River Authority,TX. Concrete gravity dam. • Toni Miller Dam, Lower Colorado River Authority,TX. Composite suucture consisting of a concrete overflow gravity section,concrete hollow(tLmbursen)slab and buttress section,concrete non- overflow gravity section,and embankment dike. • Buchanan Dam, Lower Colorado River Authority,TX. Composite structure consisting three structures called the main dam (two concrete multiple arch sections,one 7-gate spillway section,and three concrete non-overflow gravity sections), north spillway (composite structure consisting of three concrete non-overflow gravity sections,one 14-gate spillway section,one 16-gate spillway section,and one concrete overflow ogee spillway section),and embankment structures (consists of a non-overflow retaining wall and an earth embankment dike section). • Inks Dam,Lower Colorado River Authority,TX. Concrete gravity dam. Design Experience T. Howard Duckett Dam, Maryland,Washington Suburban Sanitary District(VVSSC). Responsible for site examination,concrete exploration program to evaluate strength and potential for alkali-silica reactivity (ASR), structural stability analysis,rock erodibility analysis,and computational fluid dynamic(CFD)model of spillway operation. 'Ile darn is approximately 147-feet high,concrete slab and buttress dam with embankment dikes. Developed conceptual alternatives for rehabilitation of darn based on results from the previous investigations. Bexar-Medina-Atascosa Irrigation District, Lake Medina Dam,TX. Project Manager responsible for the periodic inspection,comprehensive structural stability analysis,preliminary design,and final design with contract documents. The dam consists of a 165-foot-high concrete gravity dam. Presented study results in public meetings. Evaluated contractor bids,and currently providing construction consultation services. Modifications to dam include past-tension anchors,and downstream reinforced concrete erosion protection slab. Bexar-Medina-Atascosa Irrigation District,Pearson Lake Dam,TX. Project Manager responsible for the hydraulic and structural design of a combination spillway-outlet works structure for new 42-foot-high homogeneous embankment damn. The combined spillway- outlet structure consists outlet intake structure, concrete encased steel pipe,drop inlet(or morning glory type)spillway and impact type stilling basin. Design also included a canal inlet structure. Federal Highway Administration,Madrone Lake Dam Project, CA. Project Manager responsible for final design, developing special contract requirements to supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects,FP-96,and cost estimates for this 32 foot high,20 foot wide,and 230 foot long homogeneous embankment clam. Metropolitan Airports Commission (MAC) Storm Sewer Designi MN. Senior civil engineer responsible for the hydraulic and structural design for three stepped spillways,impact type stilling basins,and water conveyance structures. Salt Lake City Corporation,Twin Lakes Data Rehabilitation, Brighton, UT. Project Manager for rehabilitation of this cyclopean concrete gravity arch dam. Developed conceptual designs for corrective action alternatives based on the results from the safety evaluations and prepared final designs and construction documents for the selected alternative. Pueblo of Acoma,Acomita Dam Project,Acomita,NM. Project Manager responsible for safety evaluation, cost estimates,conceptual design of several rehabilitation alternatives,and final design of the selected rehabilitation alternative for this 38-foot high homogeneous embankment dart Performed field investigations; hydrologic studies;geotechnical slope stability analysis;dam break and inundation evaluations;preparation of conceptual design and cost esthnates; final design and construction documents of the selected alternative. 5 URS Irrigation and Flood Protection Project, Bai Thuoug Weir Rehabilitation- Hanoi,Vietnam. Seruor engineer responsible for stability evaluation,preparing designs,drawings,and cost estimates for rehabilitation of a 17 in high weir and appurtenant sluice,canal headworks and navigation lock structures. CAP/SRP Interconnection Facility,AZ. Civil/ Structural Engineer responsible for the hydraulic and structural design,construction drawings,cost estimates,and reports for the fixed-cone valve structure,radial gate structure,hydraulic dissipation chute for canal delivery, retaining walls,emergency spillway,prestressed concrete Flume bridge,preparing construction drawings,and computing construction quantities and cost estimates. Bureau of Reclamation, Buffalo Bill Dam and Shoshone Canyon Conduit,Cody,WY: Civil Engineer responsible for performing hydraulic design of tunnel spillway,outlet works,and overflow section of dam. Prepared prelaninary and final design of spillway,outlet works,and raised portion of dam. Performed final structural design of outlet works gate chamber,and spillway gate control structure. Preparation of specification paragraphs for controlled blasting in and around concrete dam. Reclamation,Jordanelle Dam Final Design,UT. Designed outlet works gate chamber and access shaft. Performed stability analysis of rock excavation in chamber and shaft using rock mass classifications and stereonet projections. Designed rock bolt and shotcrete support for excavation. Prepared final drawings for excavation, concrete outlines,and reinforcement, Monks Hollow Dam, Utah. Performed hydraulic analysis and preliminary design of overflow spillway and outlet works for thin,double curvature arch dam. Reclamation, Coolidge Dam,AZ. Analyzed hydraulic designs of spillway for feasibility estimates. Reclamation, Glover Dam,ND: Performed site inspection,prepared field investigation program,performed appraisal design on spillway and outlet works,and co-wrote appraisal design report. Reclamation, Rye Patch Dam,NV and Glen Anne Dam,CA: Performed flood routings and evacuation studies on small reservoirs to respond to Safety Evaluation of Existing Danis (SEED)report recommendations. Reclamation,Pactola Dam,SD: Performed hydraulic design of spillway in hydraulic laboaratory. Performed structural reinforced concrete design of spillway crest and shaft house. Prepared final construction drawings. Reclamation, Batu Dam,Malaysia. Prepared design of outlet works and gate chamber,and prepared final drawings. Field& Construction Denver Water,Ralston Dam, CO: Engineer-of-record for the final design and construction of rehabilitation of the spillway at Ralston Reservoir. Work included replacing a section of the spillway discharge chute. Duties included verification that construction was in accordance with the contract specifications,documents and drawings;prepared monthly construction reports;reviewed contractor submittals,sloop drawings and other pertinent information. Town of Castle Rock,4.0 MG Water Tank, Castle Rock, CO: Senior Structural Engineer responsible for the design of this 4-nullion-gallon,post-tensioned water tank. Performed structural inspections for contractor during constuction. Inspected concrete placements,and tendon installation. Federal Highway Administration, Lake Madrone Dam, CA: Project Manager responsible for final design and construction,special contract requirements to supplement the Standard Specifications for Construction of Roads and Bridges on I-ederal Highway Projects, FP-96,and cost estimates for this 32 foot high,20 foot wide, and 230 foot long homogeneous embankment dam. Denver Water,Gross Dam, CO: Performed construction observation services to monitor contractors work during the modification of the mid-level outlet works. Dudes included verification drat construction was in accordance with the contact specifications,documents and drawings;prepared daily construction logs;reviewed contactor submittals,shop drawings and other pertinent information;Assist in the preparation of monthly pay estimates for completed work. Salt Lake City Corporation,Twin Lakes Dam Rehabilitation, Brighton, UT: Project Manager for the field investigations and rehabilitation of the concrete thick arch dam. Responsibilities included developing and 6 V iW supervising field investigation program to determine strength of existing concrete,structural stability evaluations, preparing final design and contract documents. After final desgns had been prepared was engineer in charge during the rehabilitation construction. Reclamation, Ridgway Dam,Colorado: Field Engineer responsible for inspection of contractors work force. Duties included inspection of spillway concrete placement,controlled blasting of foundation rock in for spilhvay/outlet works stilling basin, blanket and curtain grouting operations. Professional Societies/Affiliates Association of State Dam Safety Officials United States Society of Dams American Society of Civil Engineers American Concrete Institute Chronology 1997—Present: URS/Woodward-Clyde 1988—1997: ECI,a Division of Frederic R. Harris, Inc. 1982— 1988: US Bureau of Reclamation,Spillwayi, Outlet Works,& Concrete Dam Section Publications E(frds of Uplift oil a Gmniy Anh Dam,Proceedings for Waterpower 91,Denver,Colorado,July 1991: Terre-duuensionalAuahsis ofConhrle Gtauiy Dnnu,Proceeding for Annual Association of State Dam Safety Officials, Baltimore Maryland,September 1992: S/rminntl and Hwlmlogir Considemlions fo•lbe Flooding Resenvir Opendrons ofJiguq,Dam, Douiniam Republic,Proceedings for Waterpower 93, Nashville,Tennessee,Judy 1993: Soda Dam:Gfluenee ofRererrroirSill Deporilr on the Uplin Load,Proceedings for Waterpower 93,Nashville,Tennessee, July 1993 Soda Darn:Tlure-rinuaesionrrlAua/uis of'a Coanrle Gnmiy Dam,Proceedings for the 18th Congress of the International Comu nittee on Large Dams (ICOLD), Durbin,South Africa, November 1994 Alomrlain Dell Dann.ShnalindAnabuis ofa Concrete AlaltipleAnh Dam,Proceedings for of Western Regional Association of State Dam Safety Officials,Park City,Utah,May 1994 Safe!),Baelanlion ofAmmilet Deus,Proceedings for Annual Association of State Dam Safety Officials,Boston, Massachusetts,September 1994 Shyrrlintdl seillut ions ofConorle Dams,Proceedings for Annual Association of State Dam Safety Officials,Tampa, Florida,September 2002 Flooding ofillediva Dam,Proceeding for Annual Association of State llam Safety Officials,Minneapolis,Minnesota, September 2003 Sensiliuily Studies Reelare Cosh:Erxdnaliot of 11%i/lov Ctrek Doe mid Spi/lrvt!y,Annual Association of State Dam Safety Officials, Minneapolis,ivlinnesota,September 2004 Using Computer illoelehig to Evalaale Me Setldy o%Couarle Deuus,Technical Article for HydroRevicev Magazine, Volume XXIII, Number G,September 2004. Seismic Eeminaliol ofAnieurolr Connrle Drnu,United States Society of Dams,Salt Lake City, Utah,June 2005 Sldbility Eoa/ualien of the Medina Dam,Via terPower 2005,Austin,Texas,July 2005 7 VRS Roek,Erodibiki,Anah'sis of II 7i1/ow Ovek Dnnu rrud Spilhiq)"Annual Association of State Dam Safety Officials, Orlando,Florida,2005 T Horvorrl Duekell Dam.SbrrdurnlAbawlr o/a.Slab&Bnmra Dam,Proceeding for Annual Association of State Dam Safety Officials,Austin,Texas,September 2007. Pearson Dom Projeel,Proceeding for Annual Association of State Dam Safety Officials,Austin,Texas,September 2007. Guuile Grek Dam,lbe Progressive SlabilityAnabms., United State Socicty'of Dams,Portland Oregon,April 2008. Engle Nest Dam:F�'dmnlu rblodel Sludy of Flood Overtopping,Proceeding for Annual Association of State Dam Safety Officials,Palm Springs,CA,September 2008. A rblelbod ofEvrrbmling Me Sr fed'of Deledonifing Dullrerr Dana, United States Society of Dams, Nashville,TN, April 2009. Using Risk AnalwisTo Priorilite Dam Re1whs,Proceeding for Annual Association of State Dam Safety Officials, Seattle,WA,September 2010. Contact Information 8181 Fast Tufts rive Denver,CO 80237 Plr: 303-740-3902 Fax: 303-694-3946 8 URS Joseph L. Ehasz,'PE Peer Revlew-Foundations Overview Mr. Ehasz has 45 years of experience in civil engineering,design,and construction aspects of hydroelectric facilities,dams, tunnels, and power plants. His major field of interest is civil and geotechnical-related aspects of water resources and power plant strictures;in particular, the soil and rock mechanics design,analysis,and construucton of earthworks and foundations for dams,embankments,and major civil works. Areas of Expertise He has experience directing engineers on soils and field reconnaissance Geotechnical I,ngineering investigations,establishing foundation design criteria,establishing Major project planning and design earthquake design criteria,engineering on design drawings and Pumped storage development construction specifications,and has had responsibility for all FERC safety inspections of hydroelectric projects. Mr. Ehasz is a FERC-approved dam Dam safety/FERC consultant safety consultant and has had direct involvement in,and responsibility for, Hydroelectric consultant Heavy Part 12 Safety Inspections. eavy civil construction Years of Experience His experience includes design,analysis,and construction of all types of dnms on challenging foundations,detailed stability and settlement analyses With URS:45 Years for unusual subsurface conditions. Engineering includes establishing Will Other Firms:0 Years foundation design criteria,entailing both static and dynamic factors and Education considerations;and the analysis of the various foundation types.Job MS/Civil Engineering/ 1965/ engineering includes civil engineering features such as channels,dikes, Rutgers University general foundation layout of steams electric stations, transmission lines and river crossings. Construction and construction management background BS/Civil Engineering/ 1963/ involves design-build experience on heavy civil structures and tunnels as Rutgers University well as contractor and subcontractor direction and supervision. Mr. Registration/Certification Ehasz has also been instrumental in the evaluation of clauns on behalf of Professional Engineer: Washington both Contractor and Owner,which entailed the evaluation,mediation and and 29 other states equitable adjustment of various claims. Project Specific Experience Gokcekaya Hydroelectric Project,Turkey,Devlet Str Isleri. 300 MW Project. Design of concrete and stability analysis of double curvature thin arch darn 550-foot high and spillway and associated diversion and power tunnels. Swift No.2 Rehabilitation Project,Cowlitz County Public Utility District, Cougar,Washington. Project Manager for the rehabilitation of the Swift No 2 Powerhouse and forebay dam involving$70 million dollars of design and construction. Also served as senior reviewer participating throughout the design engineering and construction phases of this FERC regulated project. Project Manager, Olivenhain Danr Project, Escondido,California, San Diego County Water Authority. Project Manager of the Construction Management Team. Responsible to the SDCWA for the CM of a 310-R high roller compacted concrete (RCC)dam invoking over 700,000 cy of earth and rock excavation and 1.4 million cy of RCC, the I URS Joseph L. Ehasz, PE highest RCC dam in North America. All of the construction was coordinated with the designer and executed under the observation and approval of the California DSOD. Design Dirdctor, San Roque Multipurpose Project,Island of Luzon, Philippines; San Roque Power Corporation. Design Director and Member of Senior Project Consulting Panel for over 7 miles of tunnels, 200-meter rockfill dam and 395 MW powerhouse,including 12,800 cfs spillway.The spillway included 6 radial gates each 15m wide by 19m Ivgh, a concrete chute 100m wide and 400 in long with aeration galleries,and a flip bucket. Directed the design of underground systems involving tunnels,shafts,and adits.Assisted the construction staff in developing field support systems and adapting designs to the field geotecht»cal conditions while keeping within the project schedule and budget. (2003) Consultant Review Board Member, Folsom Dam Atudliary Spillway; USACE Sacramento District.Performing detailed technical review of 95%Design Documentation Report and construction Plan Specification for the control structure feature of the Folsom Dam Auxiliary Spillway. Working with other Consultant Review Board members to produce report of comments. Project Director,Diamond Valley Lake (Eastside Reservoir) Project,Riverside County;Metropolitan Water District of Southern California.Responsible for performance of URS'design team for 800,000-acre-foot water supply reservoir involving three dams, tunnels, pumping plant,intake/outlet tower,and pump-generating plant. Mr. Ehasz served as the Owner's Construction Manager for Dams,which included over 113 trillion cy of earth and rock materials on the three embankment dams.Tunnels included grout adits consisting of 3,000 LF of 10 ft x 13 ft of drill and blast tunneling with rockbolt and shotcrete final liuung and 134 VF of 6 ft dia. raise bore shaft,and the P-1 pressure tunnel consisting of 2,200 LF of 20 ft x 20 ft of drill and blast tunneling with 16 ft dia.steel casing with concrete backfll.Managed over 80 field engineering and inspection staff and two large contracts totaling over $700 million. In that capacity, he was also the primary contact with the California DSOD and coordinated all site activities with DSOD. Chief Engineer,Sidney A.Murray Jr. (Vidalia) Hydroelectric Project,Vidalia, Louisiana, Catalyst Energy Development Corporation.As Corporate Chief Engineer,Mr. Ehasz was responsible for all phases of project development on this 192 MW project,including design responsibility for concrete buttress dams,canals,and a powerhouse.This included the coordination of the numerous subcontractors involved in the project,both on site at the powerhouse location,and at remote locations where major equipment was fabricated as well as the prefabricated powerhouse subsequently floated up the Mississippi River. URS completed a 5-year lump sum turnkey contract to engineer,design,and construct the plant,which breached the main fine Mississippi levee and utilized operating heads ranging from 8 to 20 feet 2 URS Joseph L. Ehasz, PE between the Mississippi and the Old River control outflow channel. Up to 180,000 cfs of flow passes from due Mississippi to the Atchafalaya Basin. The project included feasibility and final engineering,dredging,and commercial navigation studies;bank stability and protection;cost estimates;and economic analyses. The engineering and design phase of the project involved the preparation of 14 Feature Design Memoranda (FDNI) covering different aspects of the job,including foundation design, foundation exploration,levees,channels,dams,retaining walls,and sources of construction materials. Each of these documents was submitted for approval to the U.S.Army Corps of Engineers. Upon approval,each FDM was the basis for the preparation of over 300 corresponding plans and specifications. FERC Part 12 Safety Inspections;various clients.Mr. Ehasz is a FERC-approved dam safety consultant and has had direct involvement in, and responsibility for,FERC Part 12 Safety Inspections. In addition, to over 25 dam safety inspections in the Northwest, Mr. Ehasz has bad technical responsibility for FERC Part 12 safety inspections conducted throughout the country for safety evaluations of various dams and dikes used for makeup water from nuclear power projects licensed by the NRC,and for safety inspection of dams constructed for ash or tailings disposal. Professional Societies/Affiliates ASCE- Fellow ASCE Construction Institute National Society of Professional Engineers Rutgers Engineering Society United States Society on Dams Comm. on EQ Design of Dams—Chairman Assoc. of State Dam Safety Officials The Beavers and The Moles Publications "Value Engineering at Ofivcnlain RCC Dann,USA",J. L. Ehasz,M. R. FI. Dunstan, Ken Steele, Chuck Nylund. International Commission on Large Dams,Barcelona,Spain 2006. "Providing Emergency Storage for San Diego"J.L. Ehasz,G. Reed, M. Rogers, Civil Engineering Magazine,April 2003. "Design and Construction of the San Roque Multipurpose Project"J.L. Ehasz, E. O'Connor,Published in USSD Bulletin,March 2003. "Partnering for Success at the Ofivenhain Daut"J.L. Ehasz Presented at the USSD Annual Meeting,San Diego, June 2002. 3 URS Joseph L. Ehasz, PE "Move that Mountain—The Growth of the F,astsidc Reservoir Project Dams." J.L. Ehasz,S.D. Sunvny,P.R. 7lmran. Presented at\WaterPower '99,Las Vegas, Nevada,July 1999. "Embankment Design for the San Roque Multipurpose Project." J.L Ehasz,M. Pavone, D.W. Osmun. Presented at Hydrovision 2000, Charlotte, North Carolina,August 2000. "Modular Construction Brings Hydropower to the Lower Mississippi." J.L. Ehasz. Presented at 10th Annual Meeting in New Orleans of USCOLD. March 1990. "Modular Construction Brings Hydropower up the Mississippi." Co- authored with J.M. Brooks. EPRI Conference in Cincinnati, Ohio. August 1989. "Reinforced Rockfdl Rehabilitates Old Arch Dam." Co-authored with L.E. Morlan. 1986. "Foundation Movements - Prediction and Performance." Co-authored with M. Pavone. 10th International Conference on Soil Mechanics and Foundation Engineering, Stockhohn,Swcden. 1981. "Dynamic Properties of Weathered Rock." Co-authored with 1.11.Wong and K.H. Liu. 7th World Conference on Earthquake Engineering, Istanbul,Turkey. September 1980. Probability of Liquefaction due to Earthquakes." Co-authored with I.H. Clton,7th World Conference on Earthquake Engineering, Istanbul, Turkey. September 1980. "Compatibility of Largc Mat Design to Foundation Conditions." ASCE National Structural Engineering Convention, New Orleans. April 1975. 4 Addenda Received CITY OF ASHLAND ADDENDUM NO. 1 TO THE PLANS,SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PROJECT NO.2010-04 HOSLER DAM STABILITY ANALYSIS This addendum, issued on June 24,2011 affects the plans, specifications and contract documents for the HOSLER DAM STABILITY ANALYSIS Project No.2010-04 and shall be deemed an integral part of the above referenced documents. I. ALTERATION TO REQUEST FOR PROPOSAL 1. On the Cover Page, Page three,and any references to the proposal due date, revise the proposal due date from June 3U'-2011 to July 14i1,2011. 2. On page 19 of the RFP, in the bottom paragraph, revise "a)" to"h)" and revise "task 3"to"task 4" 3. On page 10 of the RFP, add the following after"L53 Quantity of Proposals (resquired": 1.5.4 Acknowledgement of Addendum Proposers must indicate receipt of any and all addenda issued by attaching the addenda to the proposal Failure to do so will result in a 3 point scoring deduction, END OF ADDENDUM NO. l Public Works Engineering Tel:541 1488-5347 20 As E.Main egos Fu:: 1100 35-290 �r, Ashland,Oregon 97520 TTY: 800/733-2900 www,ashiand.orus 6:tyub-wrksleng\10.04 Hosier Dam Stability AnalysislitFPt2011-06-24 Addendum 1 dcc CITY OF -ASHLAND ADDENDUM NO.2 TO THE PLANS,SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PROJECT NO. 2010-04 HOSLER DAM STABILITY ANALYSIS This addendum, issued on July 13,2011 affects the plans, specifications and contract documents for the HOSLER DAM STABILITY ANALYSIS Project No.2010-04 and shall be deemed an integral part of the above referenced documents. I. ALTERATION TO REQUEST FOR PROPOSAL I. On the cover page,page three, and any other references to the proposal due date,revise the proposal due date to July 191h,2011 at 2:00 P.M.. 2. On page 25 of the RFP in the sample contract under item 16,add the following: f. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each claim, incident or occurrence. This is to cover damages caused by error,omission or negligent acts related to the professional services to be provided under this contract. 3. On page 9 of the RFP, in paragraph 1.4.2 Terms and Conditions (Pass/Fail), add the following: "The City reserves the right to negotiate any terms contained in the contract or exhibits after the protest deadline." 4. On page 9 of the RFP, in paragraph 1.4.2 Terms and Conditions (Pass/Fail), delete the following: "Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto,City will not negotiate any term or condition after the protest deadline, except the statement of work,pricing and calendar with the selected proposer. By proposal submission, the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as they may have been modified or reserved by City for negotiation. Any proposal that is received conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected." Proposers must indicate receipt of any and all addenda issued by attaching the addenda to the proposal. Failure to do so will result in a 3 point scoring deduction. END OF ADDENDUM NO.2 Public Works Engineering Tel:541/488-5347 20 As E.Main Street Pax:5414488-290 Ashland,Orcgon 97520 TTY: BOOg35-2900 WWW.aahfand.arms G:1pub-wrk*ng\I0-04 Hasler Dam stability AnalysisWFR2011-07-13 Addendum 2.doe CITY OF ASHLAND Council Communication Route 10 Service Changes Beginning September 6, 2011 Meeting Date: August 16, 2011 Primary Staff Contact: Michael R. Faught Department: Public Works E-Mail: faughtm @ashland.or.us Secondary Dept.: Administration Secondary Contact: Ann Seltzer Approval: Martha Bennett Estimated Time: Consent Question: Will the Council approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011? Staff Recommendation: Staff recommends that the council approve the amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011. Background: On May 3, 2011, the City Council approved a four month extension through October 31; 2011 of the RVTD/City of Ashland Reduced Fare Program Agreement. Since that meeting staff has been working with RVTD, a Planning Commission/Transportation Sub Committee and Councilors Chapman and Silbiger to develop both short term and long term transit plans for our community. Staff plans on presenting short term transit recommendations to the Council at the September 6, 2011 Council meeting. RVTD recently informed staff that on September 6, 2011, Route 10 schedules will be adjusted to improve bus frequency from 30 minutes to 20 minutes and subsequently is requesting that the recently approved extension be amended to discontinue Route 15 effective September 5, 2011. Staff is bringing this request forward ahead of the transit option conversation scheduled for September 6, 2011. The specifics of the proposed Rbute 10 frequency changes are as follows: 5:00—7:00 AM: 30 minute headways 7:00 AM— 5:00 PM: 20 minute headways 5:00- 6:30 PM: 30 minute headways Staff agrees with RVTD's recommendation to discontinue Route 15 as the new 20 minute frequency represents a reasonable frequency close what Route 15 (which costs the city $192,400 minus fare box receipts annually) was intended to provide at no cost to the City. In addition, 15 minute frequency on Route 15 is limited to a partial section of the community (see map below), whereas the new route 10 will provide 20 minute frequency along the entire route. Pape I of 3 CITY OF -ASH LAN D r Y ��C I MnEVRM I EVTME V„'\\, EmoV—Si JJ LS BRIDE tH ! � \\ t}r PLE BR MIERET_Vy Svty\9/ }V �JO <6 aflMRrRS�py�. 41 Lv ' �9' rLLxsox oa � Y '41T) ¢¢ < bill 4 5J'If Y� xow s i I- rv�sr, e\^A\q R"-�.eox��rnr� �\ ♦7 t + , at jil TA \ i oaouxpoi! I d Ashland Routes 0 f .i v I f gl.xE l� r �nmxadER P(prop Etl } II j lR I Ii11� of As a reminder, the current reduced fare transit program approved in 2009 reinstated Route 5 (now 15) with a fare box return component, and lowered the City's subsidy to the intra-city transit program from a 75% subsidy to a 50% subsidy. As a result, the City now pays $1.00 of the standard $2.00 fare (riders pay the remaining$1.00), $2.00 of the standard $4.00 fee for Valley Lift para-transit services (the rider pays $2.00) and the net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides. Previous to the new contract, the City paid $1.50 of the standard $2.00 fare (riders paid $0.50) and $3.00 of the standard $4.00 fee for Valley Lift para-transit services (the rider paid $1.00). In addition, the City paid the net operating costs ($18.31) of the Valley Lift services for ridership above 9,800 rides. In addition to the recommendation to discontinue Route 15, RVTD is requesting the Council consider meeting with the RVTD Board in a study session to discuss future transit service and policy. To that end, staff will be attempting to schedule a study session with the board in October. Council Options: 1. The City Council could decide to approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011. 2. The City Council could decide not to approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011. Page 2 of 3of 3 �r, CITY OF ASHLAND 3. The City Council could decide to modify ( ) staff's recommendations. Potential Motions: 1. Move to approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011. 2. Move not to approve an amendment of the RVTD/City of Ashland Reduced Fare Program Agreement discontinuing Route 15 effective September 5, 2011. 3. Move to modify ( ) staff recommendations. Attachments: • FY 2009-12 Agreement between the City of Ashland and RVTD • Letter from RVTD dated July 27, 2011 Page 3 of 3 Imo, F 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE ROGUE VALLEY TRANSPORTATION DISTRICT FOR REDUCED FARE PROGRAM 2009-2011 This Agreement is made and entered into this J-1 day of 2009 by and between ROGUE VALLEY TRANSPORTATION DISTRICT, fi Oregon special district, hereinafter referred to as "RVTD," and THE CITY OF ASHLAND, an.Oregon municipal corporation, hereinafter referred to as"Ashland." RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has au hority�o per ofd B. The Rogue Valley Transportation District is an Oregon Special District providing transit services in Southern Oregon; and C. The City of Ashland desires to support RVTD's provision of transit services by, Inter afia, subsidizing the cost of fixed route fares through a Reduce Fare Program;and D. The Reduced Fare Program furthers the public interest by making efficient use of Ashland's transportation infrastructure, reducing greenhouse gases and promoting energy efficiency; NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. [ORS 190.020(1)(e)]. The term of this Agreement shall commence and the agreement shall be effective on September 8, 2009 and after execution by both parties. The Agreement shall expire June 30, 2010 at 11:59 p.m., unless administratively extended in writing as provided for herein. The Ashland City Administrator may extend this Agreement twice, by twelve (12)months each extension, by indicating in writing to RVTD that an extension of the Agreement is sought under the same terms and conditions, of this Agreement. Provided however, that the rate of compensation set forth in paragraph 4 below is subject to a mutually agreed upon adjustment. The extension shall-be effective only upon receipt of a document from an authorized RVTD representative consenting to the extension under the same terms and conditions 3. RVTD FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. a. PROGRAM. RVTD shall provide transportation services consistent with its mission, including but not limited to the Reduced Fare Program (hereinafter Intergovernmental Agreement For Reduced Fare Program Page 1 of.7 r "Program")-as well as other services paid for by the City; the Program includes but is not limited to the following: i. the addition of Route 15, providing 15-minute fixed-route service between the downtown, Ashland St,Tolman Creek Rd and Highway 66/Siskiyou Boulevard; and ii. concomitant Valley Lift service; and iii. reduced fares for Route 10 and Route 15 rides and for concomitant Valley Lift rides. iv. Route 10 service is Ashland's base service provided by RVTD, and its operation(with the exception of fare reduction outlined in this Agreement)is not affected by the Program or this Agreement. v. The City-funded passenger fare subsidy for the fixed route system (Routes 10 and 15)will be$1.00 per ride and the Valley Lift fare subst y will be$2.00 per ride for passengers picked up and delivered ' within the City of Ashland. vi. RVTD will provide the City with quarterly ridership accountings showing total Route 10 ridership on Route 10 within the City of Ashland,ridership on Route 15 and Valley Lift ridership within the City of Ashland. vii. In the event that the$251,797 annual allotment from the City will be/becomes exhausted prior to the end of the fiscal year,the Program for that fiscal year will end and fixed route and Valley Lift paratransit fares will revert to standard RVTD fares for the balance of the fiscal year. b. LIVING WAGE. RVTD shall comply with Chapter 3.12 of the Ashland . Municipal code by paying a living wage, as defined in City Code to all employees performing work under this Agreement and to any subcontractor who performs 50%or more of the service work under this Agreement. RVTD is also required to post the code required living wage notice predominantly in areas where all employees will see it. c. ACCESS TO RECORDS: The City and its duly authorized representatives shall have access to the records of RVTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination,excerpts,and transcripts. d. PUBLICITY. i. Any publicity or advertising regarding the Program shall first be reviewed by RVTD and the City for accuracy and must be approved by both parties. ii. RVTD shall establish a marketing plan for a Loop system or any fare changes with through local resources. RVTD will do the following: 1. Replace the removed placards in the shelters; and intergovernmental Agreement For Reduecd Fare Program Page 2 of 7 2. Update the information on all placards with new route/schedule information; and 3. Provide free bus advertising space on one vehicle; and 4. Continue to promote Ashland's system at local events; and 5. RVTD will post a map and schedule at each designated bus shelter in Ashland detailing the Route 10 and Route 15 bus stops and schedule; and pronxite, 6. RVTD will provide information concerning and mote the Ashland Reduced Fare Program and service, at events,at map/schedule distribution points,and at www.rvtd.org. iii. In partnership with the City of Ashland , RVTD will do the following: I. Create a tri-fold specific to the Ashland system and distribute to local businesses; and 2. Distribute promotional information through utility bill stuffers; amt 3. Coordinate a public relations event to launch the new service; and 4. Approach SOU Administration to request ongoing support of a fare buy-down; and 5. Approach the Chamber of Commerce and local employers to encourage employees to use transit, especially in downtown; and 6. Create a bus ad to utilize free ad space offer from RVTD. e. COMPLIANCE WITH APPLICABLE LAWS. RVTD, its subcontractors, and all employers working under this Agreement must comply with Oregon State Laws related to the work performed including but not limited to laws concerning workers compensation,employment,payroll taxes and required insurances for general liability for loss of property, injury to persons and property. City may require RVTD to demonstrate compliance with applicable insurance requirements, including but not limited to proof of coverages. 4. CITY FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. The City of Ashland shall fund the Reduced Fare Program as provided herein and subject to Section 9. Specifically the City shall offset the cost of the fixed-route fares within the City and support more frequent service as outlined under PAYMENT in paragraph 5 below. 5. PAYMENT. [ORS 190.020(1)(a)]. Subject to Section 9, below, City shall promptly pay all bills for services provided by RVTD pursuant to this Agreement, including but not limited to the following: a. RVTD shall bill the City quarterly$1.00 for each Route 10 passenger picked up and delivered in the City of Ashland during the term of this Agreement. b. RVTD will bill the City-$16,028.25 per month minus the Route 15 farebox revenue for that month: Intergovernmental Agreement For Reduced Fare Program Page 3 of 7 t c. RVTD will bill the City quarterly 52.00 for each Valley Lift ride within the City during the term of this Agreement. In addition,City will pay RVTD a fixed amount per Valley Lift ride to cover operating costs for providing Valley' Lift rides in Ashland to the extent they exceed 9,800 rides in the period from July 1, 2009 through June 30,2010 and to the extent Valley Lift rides in Ashland exceed 9,800 rides per year in each this Agreement is extended. The amount City will pay to cover operating costs for Valley Lift rides in excess of the 9,800 annual Valley Lift rides in the Cityshall be$18.31 per ride. d. With the exception of Route 15 which shall be billed monthly as noted above, RVTD will bill the City as provided in this section. Specifically,RVTD will send the City invoices on the following schedule: i—OcTobr r5;2009"services provideet"978%20x9 to 730%200 ii. January 15,2009(services provided 10/1/2009 to 12/30/2009) iii. April15, 2010(services provided 1/1/2010-to 3/28/2010) iv. July 15,2010(services provided-4/(/2010 to 6/30/2010) e. Payment is due to RVTD within 30 calendar days of receipt of each invoice. 6. REVENUE. [ORS 190.020(I)(b)]. Except where specifically provided herein to the contrary, no revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties. 7. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be transferred pursuant to this Agreement. RVTD and the City of Ashland are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entities. 8. REAL OR PERSONAL PROPERTY. [ORS 190.020(l)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 9. TERMINATION. [190.020(1)(0). a. TERMINATION by Mutual Consent: This Agreement may be terminated at any time by mutual consent of both parties. b. TERMINATION for Convenience: This Agreement may be terminated by either party for that party's convenience upon thirty days prior written notice to the other . party,delivered by certified mail or in person. . RVTD shall be compensated for all services performed under this Agreement up to the effective termination date. c. TERMINATION for Default or Breach: Either RVTD or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not Intergovernmental Agreement For Reduced Fare Program Page 4 of 7 entirely cured the breach within thirty(30)days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. Notwithstanding the cure provisions above,either party may immediately terminate this Agreement for cause upon delivery of written notice to the other party under any of the following conditions: i. If Federal or state laws, rules or regulation are modified,changed or interpreted in such a manner that the services are no longer allowable or appropriate under this Agreement; ii. If any license or certification required by law or regulation required for the provision of the services under this Agreement is for any reason denied, revoked, suspended,or not renewed. d. OBLIGATION/LIABILITY OF PARTIES: Termination or modification of this contract pursuant to subsections A, B,and C,above,shall be without prejudice to any obligations•or-liabilities•of-either-par ty-already-aeeFued-prior-to-suah-termination-or modification. The rights and remedies of the parties provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. NON-APPROPRIATION: Notwithstanding the termination provisions above, termination may occur for non-appropriation. Specifically,all City obligations to expend money under this Intergovernmental Agreement are contingent upon future appropriation as part of the City budget process and local,budget law,and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of the Agreement,and shall not be considered a breach. f. FORCE MAJEURE. Neither party shall be responsible for delay or default caused by fire,flood, riot, acts of God, and/or war which are beyond the party's reasonable control.RVTD may terminate this Agreement by written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. 10. HOLD HARMLESS. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, RVTD shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages-or injuries, liability of•damage that anyone may have or assert by reason of the any error, act or omission of RVTD, its officers, employees and agents, in the performance of their duties under the terms of this Agreement. It is further agrees and understood that neither party is, by virtue of this Agreement, a partner or joint venturing with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 11. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: lntergownnnental Agreement For Reduced Fare Program Page 5 of 7 City of Ashland Attn: Martha Bennett City Administrator 20 East Main Street Ashland, Oregon 97520 Phone: 541-488=2100 Fax: 541-552-2092 RVTD Attn: :Accounts Receivable 3200 Crater Lake Avenue Medford, OR 97504-9075' Phone: (541) 608-2431 and when so addressed,'shall be deemed given upon deposit in the United States Mail, postage r paitt.in 311 other instanc"es 6ces, Bills`7rn—d p y-'S—mtenfsTh-gll'be dre-m-7dgiven at the time of actual delivery. Changes may be made to the names and addresses of the person to whom• notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 12. NON-DISCRIMINATION. Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this agreement when employed by either party. Each party agrees to comply with Title VT of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally,each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659.425, and.all regulations and administrative rules established pursuant to those laws. 13. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit,proceeding or appeal. 14. NO WAIVER. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 15. SEVEkABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect,, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 16. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. Intergovernmental Agreement For Reduced Fare Program Page 6 of 7 J 17. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 18. ASSIGNMENT/DELEGATION. RVTD shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 19. NO THIRD PARTY BENEFICIARY. Neither the Federal Government, nor any other entity other than the parties named herein are parties to this Agreement and shall have no obligation to any third party. 20. AMENDMENT. The terms of this Agreement shall not be waived,altered, modified, supplemented or amended in any manner whatsoever without prior written approval of RVTD and the City. To be effective,any amendments to this Agreement must be in writing and must-be-signed.by authorized-representatiues.ofboth-parties 21. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. 22. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2)duplicate originals,either as individuals,or.by their officers, thereunto duly authorized. Dated this 4th day of August 2009. ROGUE VALLEY TRANSPORTATION DISTICT CITY OF ASHLAND By U � . BY UJulie Brown John mberg General Manager Mayor Reviewed as to form: Reviewed as to form: BY By . David Lohman Richard Appicello Legal Counsel for RVTD City Att r ey Date: Dale: Intergovernmental Agreement For Reduced Fare Program Page 7 of 7 &'A°0"urf 3200 Crater Lake Ave. Medford,OR 97504 !). (541)779-5821 ® Fax(541)773-2877 TTY#(541)734-9292 July 27,2011 The Honorable John Stromberg City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor Stromberg: On behalf of the Rogue Valley Transportation District Board of Directors and staff we would like to acknowledge your dedication to supporting transit in your community. Because of this I strong commitment, our Board takes future transit planning serious and would like to inform you that we are presently discussing future service and policy decisions that may impact you. I The Rogue Valley Transportation District has recently made a decision to make changes to the Route 10. These changes include increasing the frequency of service to every 20 minutes thus eliminating the need for the Route 15. Presently, staff and appointed Board and City Council members are having conversations about future transit needs identified in your Transportation System Plan(TSP). i Due to the importance of future decisions the RVTD Board of Directors would like to request that the Ashland City Council set aside a time for our Board and your Council and staff to meet in a study session to discuss future transit service and policy. In addition to the above request,we would like to amend our service contract to discontinue the Route 15 effective September 5, 2011 and extend the fare subsidy program to December 31, 2011. Please let us know if you are amenable to this request. Sincerely,C O 11 allP) 1 1 Y1Gry Chair, RVTD Board of Directors C.c.: Martha Bennett, City Administrator Mike Faught-Director of Public Works CITY OF -ASHLAND Council Communication Approval of a Contract Amendment for Powder Coating Steel Light Poles Meeting Date: August 16, 2011 Primary Staff Contact: Lee Tuneberg Department: Electric Department E-Mail: Tuneberl@ashland.or.us Secondary Dept.: None Tier Secondary Contact: Dave Tygerson Approval: Martha Bennett Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve a contract amendment for $10,000 to increase the contract for powder coating steel light poles? Staff Recommendation: Staff recommends that the contract amendment be approved. Background: The sourcing method for this contract is an Intermediate Procurement (minimum of three (3) written quotes). And, if the cumulative contract amendments exceed 25% of the original contract amount (resulting from an Intermediate Procurement) then Council approval is required. The original contract was executed for$13,000 to prep, repair defects, primer and paint/powder coat steel light poles. The number of poles being delivered at a time was dependent on the Electric crew's work load and availability. The poles have to be removed, transported to contractor (Pacific Powder Coating) then picked up and reinstalled. The cost per pole is $300.00 (prep, primer, paint/powder coat) and if repairs are required, there are additional per pole costs. The original_contract is for $13,000 plus $4,500 completes the initial project of 50 poles. The additional $5,500 will cover the cost of approximately 15 additional poles if availability and work load permits. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: E. Intermediate Procurements — a public contract for goods and services greater than $5,000 and less than $100,000. 1. Intermediate Procurements shall be awarded in accordance with ORS 27913.070, OAR 137- 047-0800, OAR 137-047-0270 and other applicable provisions of law. OAR 137-047-0270 Intermediate Procurements (3) Amendments. A Contracting Agency may amend a Contract Awarded as an intermediate Procurement in accordance with OAR 137-047-0800, but the cumulative amendments shall not increase the total Contract Price to a sum that is greater than twenty-five percent (25%) of the original Contract Price. Page I of 2 OW& CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Contract Amendment. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the Contract Amendment. Attachments: None Page 2 of 2 CITY OF ASHLAND Council Communication Approval of a Special Procurement for a Project Manager for Fire Station No. 2 Meeting Date: August 16, 2011 Primary Staff Contact: John Kams Department: Fire Department E-Mail: John.karnsnashland.or.us Secondary Dept.: f7, Secondary Contact: Approval: Martha Bennett p�#111-Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to James McNamara (McNamara Engineering) to act as the project manager for the construction of Fire Station 2? Staff Recommendation: Staff recommends that the contract be directly awarded to James McNamara (McNamara Engineering). Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or for the direct selection or award of a public contract or series of contracts. The proposed procedure being recommended for this "Contract-specific Special Procurement" is direct award per the attached Special Procurement - Request for Approval (Written Findings). City staff is in agreement that it is in the City's best interest to directly award this contract to James McNamara(McNamara Engineering) to act as the project manager for the construction of Fire Station 2. James McNamara (McNamara Engineering) has a high level of expertise, extensive experience working on fire station projects, as well as having substantial experience working for and in the City of Ashland. James McNamara is also familiar with the operational needs of the Ashland Fire Department (Station 1 and Station 2) which is extremely important to this project. The estimated cost for these services will not exceed 540,000.00. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page I of 2 Ir, CITY OF ASHLAND Council Options: . The Council, acting as the Local Contract Review Board, can approve (or decline) the Special Procurement. Potential Motions: I move that the Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the special procurement described therein. Attachments: Special Procurement—Request for Approval (Written Findings) Page 2 of 2 IA, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: John Kams, Fire Department Date: August 16, 2011 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Fire and Rescue 2. Department Contact Name: John Kams 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 9-1-2011 To: 3-31-2013 5. Total Estimated Cost: Not to exceed$40,000 6. Short title of the Procurement: Project Manager for the Construction of Fire Station 2 Supplies and/or Services or class of Supplies and/or Services to be acquired: The services will include managing,oversight, and coordination between the City of Ashland and the contractor(s)during the construction of Fire Station 2, including the relocation of Fire &Rescue personnel and equipment during construction. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: James McNamara(McNamara Engineering)has performed in this capacity during the construction of Fire Station 1 and for some preliminary discussions back in 2006 regarding the rebuilding of Fire Station 2. His skills met or exceeded the qualifications necessary to fulfill the functions of a project manager and the cost remained within budget Form#9-Special Procurement-Request for Approval,Page 1 of 3,8/10/2011 Proposed procedure: The Fire Department is seeking an exemption from the competitive bid process to directly award a contract to James McNamara to act as the project manager for the construction of Fire Station 2. 8. Justification for use of Special Procurement: Describe the circumstances thatjustify the use of a Special Procurement. Attach relevant documentation. James McNamara(McNamara Engineering)was the project manager for the construction of Fire Station 1 and participated in discussions regarding the construction of Fire Station 2 back in 2006. He has a high level of expertise, extensive experience working on fire station projects as well as having_ substantial experience working for and in the City of Ashland James McNamara is also familiar with the operational needs of Ashland Fire& Rescue which is extremely important to this eject. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_(a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This contract award is for similar services provided by James McNamara during the successful construction and completion of Fire Station 1. His company is physically located in Ashland And it would be beneficial, as well as in the City's best interest to continue working with James McNamara (McNamara Engineering) on the Fire Station 2 construction project. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: McNamara Engineering.is physically located in Ashland thus eliminating travel expenses and has rendered a substantial amount of engineering eering services thus far for the City during the construction of Fire Station 1. This experience,knowledge and being a local en 'ngi eering firm will be beneficial and a cost savings to the City. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060,279B.065, or 27913.070, or any rules adopted there under because: James McNamara has substantial experience with fire station construction as well as the needs of the Ashland Fire Department. McNamara Engineering is physically located in Ashland. And the public will realize a higher quality product, including attention to the importance of fiscal responsibility. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement—Request for Approval,Page 2 of 3,8/10/2011 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven(7) day protest period. Date Public Notice first appeared on www.ashland.or.us—[August 17, 1011—ffapproved by Councill PUBLIC NOTICE Approval of a Speeial Procurement First date of publication: [Aug sl I7, 2011 -11 approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on[August 16, 201.1-1f approved by Council/. .7his Special Procurement is a "Contract-specific Special procurement". The proposed contracting procedure is direct atva d to James Aft-Atamara (McNamara Engineering) to fulfill the necessary requirements, duties and 1i.rnctions(?fa projecl manager during the construction ofFire Station 2. James McNamara has a high level g1'expertise, extensive experience working on fire station prgjects, as well as having substantial experience working,lor and in the City,of Ashland James McNamara is also, hilia- it he It operational needs ofAshland Fire & Rescue which is extremely important to this project. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055,27913.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson, Purchasing Representative, 90 N. Mountain,Ashland, OR 97520. The seven(7)day protest period will expire at 5:00pm on[August 24, 0211—i(posted on August 17, 2011] This public notice is being published on the City's Internet World Wide Web site at least seven days prioi to the award of a public contract resulting from this request for approval of Special Procurement. Form#9-Special Procurement-Request for Approval,Page 3 of 3,8/10/2011 CITY OF ASHLAND Council Communication Approval of a Special Procurement for a Contract for Removal/Repair of West Bellview Multi-use Path Meeting Date: August 16, 2011 Primary Staff Contact: Jim Olson Department: Public Works E-Mail: Jim.Olson @ashland.or.us Secondary Dept.: d' Secondary Contact: Karl Johnson Approval: Martha Bennett k° Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Batzer Construction to remove and repair the adjacent 142' of the multi-use path along the frontage of West Bellview Phase 11 Subdivision in the amount of$6,872.00? Staff Recommendation: Staff recommends that the contract be directly awarded to Batzer Construction. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or for the direct selection or award of a public contract or series of contracts. The proposed procedure being recommended for this "Contract-specific Special Procurement" is direct award per the attached Special Procurement - Request for Approval (Written Findings). Batzer Construction is the on-site subdivision contractor and they are completing the utility installation for the subdivision. The utility installation will cross the multi-use path in multiple locations requiring the removal and replacement of approximately 25-50' of the multi-use path. Therefore, City staff is in agreement that it is in the City's best interest to have Batzer Construction remove and replace the adjacent 142' of the multi-use path that is in need of removal and repair. The additional 142' of the multi-use path is in need of repair due to the roots of four (4) trees that have raised the multi-use path to varying heights in multiple locations creating hazardous conditions. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 27913.060, 279B.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. Page I of 2 WAR CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Special Procurement. Potential Motions: I move that the Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. Attachments: Special Procurement— Request for Approval (Written Findings) _ _ _ Paget oft CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Faught, Public Works Director Date: August 16, 2011 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). I. Requesting Department Name: Public Works 2. Department Contact Name: Mike Faught 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 08/08/2011 To: 08/31/2011 5. Total Estimated Cost: $6,872.00 6. Short title of the Procurement: Removal and Repair of West Bellview Multi-Use Path Supplies and/or Services or class of Supplies and/or Services to be acquired: Batzer Construction is the on-site subdivision contractor and they are completing the utility installation for the subdivision. The utility installation will cross the multi-use path in multiple locations requiring the removal and replacement of approximately 25-50' of the multi-use path Therefore City staff is in agreement that it is in the City's best interest to have Balzer Construction remove and replace the adjacent 142' of the multi-use path that is in need of removal and repair. The additional 142' of the multi-use oath is in need of repair due to the roots of four(4)trees that have raised the multi-use path to varying heights in multiple locations creating hazardous conditions. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents:Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: N/A Form#9-Special Procurement-Request for Approval,Page 1 of 3,8/1012011 Proposed procedure: Public Works is seeking an exemption from the competitive bid process to directly award a contract to Batzer Construction in the amount of$6.872.00 to remove and replace the adjacent 142' of the existing multi-use path. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Batzer Construction is on-site now completing the subdivision utility installation which will require the removal and replacement of 25-50' of the multi-use path. The adjacent 142' of multi-use path is in need of immediate repairs and can be readily completed by the same contractor. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This contract is for the same services the on-site contractor will be completing on the adjacent 25' to 50' of the multi-use path. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and X_(b)(i)will result in substantial cost savings to the contracting agency or to the public because: Mobilization costs will not be required because Balzer Construction in on-site now working on 25-50' of the multi-use path for the subdivision utility installation. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055,27913.060, 27913.065, or 27913.070, or any rules adopted there under because: It is in the City's best interest to remove and repair the multi-use path now and eliminate the hazardous conditions. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) I I Form#9-Special Procurement—Request for Approval,Page 2 of 3,8/10/2011 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority s approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-[August 1.7, 2011 -If approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [August 17, 2011 -Ifapproved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on[AuAmst 16, 2011 -/f approved by Council]. This Special Procurement` is a "Contract-specific Special Procurement'. The proposed Cait•acting procedure is direct cnrard to Buzzer C,'onrtruction. Batter Construction Hill he removing and repairing 142'of the multi-use path on West Bellviery that is adjacent to the 25-50'of multi-use path that Batter Construction is currently having to remove and replace,for a subdivision utility installation It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 27913.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson, Purchasing Representative, 90 N. Mountain, Ashland, OR 97520. The seven(7)day protest period will expire at 5:00pm on[August 24, 0211-ifposted on August t`7. 20111 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request`for Approval,Page 3 of 3,8/10/2011 CITY OF ASHLAND Council Communication Approval of a Special Procurement Contract for High Priority Engine Repairs — Fire Engine (Vehicle #220) Meeting Date: August 16, 2611 Primary Staff Contact: Mike Morrison Department: Public Works E-Mail: Mike.morrison @ashland.or.us Secondary Dept.: � ,r Secondary Contact: Approval: Martha Bennett 1 QrA Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Pacific Power Products to provide high priority engine repairs to a Fire Engine (Vehicle 4220)? Staff Recommendation: Staff recommends that the contract be directly awarded to Pacific Power Products. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or for the direct selection or award of a public contract or series of contracts. The proposed procedure being recommended for this"Contract-specific Special Procurement' is direct award per the attached Special Procurement - Request for Approval (Written Findings). Fire Engine (Vehicle #220) had an engine seize due to mechanical failure inside one of the cylinders. The engine needs to be replaced with a rebuilt unit. Pacific Power Products is the only known facility in Southern Oregon that is equipped to provide these high priority engine repairs. The estimate is $25,000; however, when the engine is disassembled additional repairs may be required. The total cost should not exceed $35,000. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page ] of 2 �A, CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Special Procurement. Potential Motions: 1 move that the Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. Attachments: Special Procurement— Request for Approval (Written Findings) i Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Facilities Supervisor Date: August 16, 2011 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works 2. Department Contact Name: Mike Morrison 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From August,2011 To: September,2011 5. Total Estimated Cost: Estimate$25,000—Please note: When the engine is disassembled additional repairs maybe required. Total not to exceed$35.000 6. Short title of the Procurement: High priority engine repairs on Fire Engine(Vehicle#220) Supplies and/or Services or class of Supplies and/or Services to be acquired: Fire Engine(Vehicle#220)had an engine seize due to mechanical failure inside one of the cylinders The engine(Detroit Diesel 8V92)needs to be replaced with a rebuilt unit. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: N/A Proposed procedure: Public Works is seeking an exemption from the competitive bid process to directly award a contract to Pacific Power Products to complete the high priority engine repairs on the Fire Engine(Vehicle#220). Form#9-Special Procurement-Request for Approval,Page 1 of 3,8/10/2011 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Pacific Power Products is fully equipped and qualified, including factory trained mechanics,to make these high-priority engine repairs. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Pacific Power Products is the only known facility that is equipped to provide these high priority engine repairs in Southern Oregon. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.),and X_(b)(i)will result in substantial cost savings to the contracting agency or to the public because: Repairs will be done locally at their facility in Medford,Oregon. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings),or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055,279B.060,279B.065, or 279B.070,or any rules adopted there under because: it is in the City's best interest to have qualified and factory trained mechanics make these high priority engine repairs to the Fire Engine(Vehicle#220). (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) II Form#9-Spedal Procurement—Request for Approval,Page 2 of 3,8/10/2011 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authoritys approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on wvttiv.ashland.orms-[August 17. 2011-1'approved by Council) PUBLIC NOTICE Approval of a Special Procurement First date of publication: [August 17, 2011 -#'approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on[August 16, 2011 -/f aPproved by Council]. T his Special Procurement is a "Contract-specific Special Procurement°. The proposed Contracting procedure is direct award to Pacific PoWer Products to provide high priority engine repairs to Fire Engine (Vehicle 4220). It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,27913.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 1.37-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative,90 N. Mountain,Ashland, OR 97520. The seven(7)day protest period will expire at 5:00pm on [August 24, 0211-ifposted on August 17, 2011] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request for Approval,Page 3 of 3,8/1012011 CITY OF ASHLAND Council Communication Mount Ashland Association Lease and Ski Area Special Use Permit Meeting Date: August 16, 2011 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: 90 Minutes Question: Does the City Council find that it would further the public interest to enter an agreement with the Mount Ashland Association (MAA) that would dissolve the existing lease agreement, replace the lease with new terms, convey the property currently owned by the City to MAA, and require the City to relinquish the Special Use Permit for the Ski Area so that MAA can directly obtain the SUP? Staff Recommendation: Staff has no recommendation on the question of whether to transfer the SUP. If Council desires to transfer the SUP, staff recommends that the Council approve the draft agreement negotiated with MAA. Background: In February, the City Council met in a study session with members of the Executive Committee of the Mount Ashland Association Board to discuss whether the City Council wanted to consider MAA's request that the City relinquish the SUP. MAA believes that they would be more effective in fundraising if they directly hold the SUP. Alan DeBoer has also argued that it would reduce the potential liability for the City if the City were to relinquish the SUP. At that study session, Council and the MAA Executive Committee discussed the fact that even if the City were to dissolve the lease and relinquish the SUP, there are still issues that the City and MAA need to have an agreement to cover. Attached are the minutes from that study session. Since your study session, Kim Clark, the MAA General Manager, and I have met to discuss those issues. MAA prepared a first draft of an agreement. City staff and then legal counsel then reviewed it and proposed some changes. The attached agreement includes the issues that were agreed by both parties. As discussed below, we discussed whether MAA should make a payment to the City for the assets, but MAA was not willing to agree to pay cash to the City. This agreement would replace the current lease. The issues included in this agreement include: 1. The City would relinquish the SUP to the USDA Forest Service and MAA would apply for it. If the Forest Service grants the SUP to MAA, then the City would convey the assets that it currently owns to MAA. 2. MAA would add a nonvoting seat on their board for a member of the City. The City would not participate in any executive sessions, and MAA would reserve the right to ask the City to appoint a different Councilor. Page I of 3. CITY OF ASHLAND 3. The City would have the right to review and comment on all construction plans prior to construction for the purpose of ensuring that any issues that might affect City drinking water are addressed. 4. MAA would agree to comply with the same standard of sedimentation that applies to the City for Reeder Reservoir(no sedimentation over normal background levels) 5. MAA agrees to keep the amount that will be required for restoration under the new SUP unencumbered, and that the amount they keep unencumbered will increase each year by CPI. We discussed having these funds in cash. 6. MAA agrees to keep current provisions in their articles of incorporation that spell out that if the nonprofit is ever dissolved, the association's assets revert to the City. 7. MAA agrees not to sell, sublet or transfer the ski area without the City's written approval. 8. MAA will pay the first $7,500 of the City's legal fees for the cost of constructing this contract. 9. If the USDA Forest Service does not grant MAA a new SUP before December 31, 2012, then the City and MAA will have to negotiate a new lease agreement, assuming that the City would then apply for a new permit to operate the Ski Area. This is unlikely, but should be understood by both parties. Staff believes that these negotiated terms achieve three basic things. First, the seat on the MAA board should improve the communication between the City Council and MAA. Second, the issues related to City technical review, agreement to comply with the TMDL for Reeder, and assurances that the restoration sum is unencumbered allow the City to protect the community's primary drinking water source. Third, the City would be somewhat protected in the event of the dissolution of MAA or a sale of MAA. If MAA finds itself in this financial condition, there will be other issues that we will have to address, but we will be able to tackle those issues under this agreement. We also discussed having MAA make a cash payment to the City. MAA was not willing to agree to this. You have heard MAA representatives say before that the ski area was purchased without any City funds. The City was the fiscal agent for grants and private fundraising in 1991, and the City's contribution was staff time. The following is a paragraph that the Council could insert if you decide you want to ask for a payment. You will need to decide, as well, what the dollar amount would be: Within five (5) business days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement, MAA will pay the following amounts to the City. (!) $ for the Permit Property,- and(2) $ for the Equipment. If the City Council wishes to execute this agreement, you must find that transferring the property owned by the City (the lodge, the lifts, and the equipment) is in the public interest. In staff's opinion, two arguments have been offered by either MAA or the public that would fulfill this criterion. MAA representatives have argued that they would be more successful in their fundraising if they directly held the SUP which would improve their ability to operate. Other people have argued that it would reduce the direct legal liability of the City if the City was not "in the middle" between MAA and the Forest Service. While the lease indemnifies the City, there is a potential that someone could sue the City for negligence by MAA. Findings related to these two issues are included in the draft agreement, but Council should deliberate about whether you think it is better for the public for the City to release Page 2 of 3 �r, CITY OF ASHLAND the leased property, and you should include any reasons you believe are valid in any motion, whether your decision is to approve or reject the agreement. Council Options: • Approve the agreement as presented. • Reject the agreement as presented. • Modify the agreement and then ask MAA whether they want to agree to the modifications. If you choose this option, the Council may have to ask MAA for additional time to consider the proposed changes. • Postpone action on the proposed agreement. If Council chooses this option, staff would request direction from Council on any modifications they would like to consider or any other staff work they would like performed. Potential Motions: • I move that Council find that conveying the Permit Property, as defined in the draft Agreement, would further the public interest and that Council approve the Agreement as presented. • 1 move that Council find that conveying the Permit Property, as defined in the draft Agreement, would not further the public interest and that Council deny the Agreement as presented. • 1 move that Council find that conveying the Permit Property would further the public interest and that Council approve the Agreement with the following modifications Attachments: • February 28, 2011 Study Session Minutes • Draft Agreement • Existing Ski Area Lease (electronic only) • Current Special Use Permit (electronic only) Page 3 of 3 1`, CITY COUNCIL STUDY SESSION February 18, 1011 Page I of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday,February 28,2011 Siskiyou Room,51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Chapman, Silbiger,Lemhouse,Morris,Voisin,,and Slattery were present. 1. Does Council have direction about a response to Mount Ashland Association's (MAA's) request that the City request that the Special Use Permit (SUP) for the ski area be transferred from the City to MAA? Members of the Mt.Ashland Association (MAA)Board of Directors present were General Manager Kim Clark, Treasurer Lisa Beam, Guest Services Manager Ada Rivera, President Tom Mayer, Vice President Frank Rote, Marketing Manager Rick Saul,and Secretary Darrel Jarvis. Mr. Mayer noted transferring the Special Use Permit (SUP) was economically, socially, and environmentally important and would make it easier for people to invest in the expansion by eliminating third party involvement. City Administrator Martha Bennett added in transferring the SUP the City would relinquish ownership of all assets of the ski area and MAA would take over completely. A replacement contract would determine the terms of the dissolution and the transfer of assets. Monitorine Ms. Bennett explained the City's concern regarding the expansion was erosion and sedimentation in the watershed and a potential negative impact on one of the City's major drinking water supply. At an earlier meeting with Mr. Clark both discussed the possibility of a multi-party monitoring team similar to the Ashland Forest Resiliency (AFR) Master Stewardship Agreement (MSA). The monitoring team could include onsite review of activities and plan review prior to construction. The group would be comprised of a member appointed by MAA, one by the City, one by the Forest Service and possibly a fourth with monitoring experience. The MAA Board and Council agreed it was a model that worked well. Council suggested adding someone from the Public Works Department and possibly a fifth member from the community. Both the MAA Board and Council supported setting up criterion for monitoring and guidelines. The AFR monitoring team did not vote but had specific roles through the Master Stewardship Agreement. Ms. Bennett clarified if the SUP was transferred the new contract would address the City's concerns and other than the monitoring group, the City would no longer have a relationship to the Forest Service and a direct relationship with MAA only on issues of concern. Mr. Clark added that it made sense to establish a cooperative and a member of Public Works would be a logical participant. He preferred having a Memo of Understanding versus a contract. Council and MAA Board consensus supported establishing a monitoring team. Reserves/Unencumbered Assets for Future Restoration The City was concerned there were enough assets to pay the cost of the required restoration in the event MAA ceased to operate the ski area. The SUP required $200,000 for restoration. The lease between the City and the MAA had the same amount but increased it yearly by the Consumer Price Index (CPI) requiring the MAA to maintain more in terms of cash assets than the SUP. The MAA agreed to maintain those reserves. When MAA expands the ski area, the U.S. Forest Service will adjust the required dollar amount. In the event MAA failed,the U.S. Forest Service would ask the City to operate the ski area, if the City declined,they would CITY COUNCIL STUDY SF.SS/ON February 26, 2011 Page 1 of look for another operator. If no one took over operations, they would start requesting the restoration requirements in the SUP. There was the possibility the U.S. Forest Service might require a certain level of restoration that does not meet the City's expectations. Mr. Clark clarified the U.S. Forest Service had definite standards, was the property owner and had the final decision. If the expansion happened and the restoration amount was readjusted, the MAA Board was fine taking that amount and starting over with a new CPI. Current restoration included streambed stabilization and four of the 27 identified sites complete with work started on sites 6& 7. However, no work has happened for three years due to the court case. Ms. Bennett explained the City did not have the in-house expertise to conduct a separate study to compare it to what was in the SUP. The U.S. Forest Service had jurisdiction over the property and set the correct standard. Council noted the issue of restoration and failure would increase dramatically with the expansion especially in the early years. If the expansion went forward and MAA failed, the impact would extend far beyond the U.S. Forest Service restoration requirement. Alternately, the U.S. Forest Service requirements may be sufficient to protect the watershed and the expansion might not be harmful to the water supply. Council wanted to know the cost to restore the area in the event MAA failed. Other comments from Council supported the amount the U.S. Forest Service suggested in the SUP. Staff clarified that the U.S. Forest Service may not allow the City to do the restoration they thought necessary to protect the watershed. Mr. Rote's understanding was that once the expansion concluded, there would be less sediment than there was now, the expansion would actually decrease the problem. Both the MAA Board and the City purchased testing .equipment and have tested and monitored specific sites downstream from the ski area for 10 years. Public Works Director Mike Faught explained new requirements for the total daily maximum load prohibited more than 3.62 cubic yards of sediment going into the reservoir daily. Council commented the issue was water quality and the City should focus on that and form an agreement that highlighted the weaknesses and the City's position in relation to those weaknesses. Staff responded the existing agreements between the U.S. Forest Service and the City captured the issues and the results from monitoring the water quality could be included in a replacement agreement. In the worst-case scenario of not enough reserves, the City could negotiate with the U.S. Forest Service to restore the area to City standards whether they held the SUP or not. The MAA Board thought the existing restoration sum including the expansion restoration sum and inflation was acceptable although some of Council thought the amount was too low. N Staff..would bring back an agreement between the MAA and the City regarding background data, monitoring and remedies available to the City if sedimentation exceeded an expected level during the construction. Non-Votioe Seat on the Board The Board supported having a Councilor serve as a non-voting member of the MAA Board and referred to the model the City used with the Ashland Community Hospital. That member was non-voting, and the Board wanted to reserve the right to reject whom the City suggested. The member would sit in on all Board actions with the exception of personnel and executive meetings. Mayor Stromberg suggested making the member ex officio so they could participate in discussions and the MAA Board agreed. Cash Payment Ms. Bennett explained a Council member asked to receive cash for the transfer of the assets. The City owns the lodge, ski lifts, and some of the equipment for an appraised value of approximately $700,000. . The lease required a minimum liquidation value and allowed the City to appraise the assets at any time. If the MAA was below the amount required,they set aside cash and paid for the appraisal. If MAA had sufficient funds,the City CITY COUNCIL STUDY SESSION February 18, 2011 Page 3 of 3 would pay the $22,000 for the appraisal. Mr. Rote added in operating permit transfers charging for the permit was not allowed. Comments from Council opposing the request for a cash transfer of assets stated it was an overreach and inappropriate. Supporting comments suggested more funds going towards restoration, would position the City better in the event of failure. A Council member suggested the MAA pledge the cash value of assets towards restoration costs. Ms. Beam thought the U.S. Forest Service would be in first position for restoration,even if they set aside more assets. Asking to pledge all assets would'hinder their ability to make improvements, and apply for loans in the future, they could not use the assets as collateral, and the bank would sit second to the City. Staff clarified the SUP holder would be in first position if there were a failure. Mr. Clark confirmed funding for the expansion would be donations only and the MAA would not borrow against assets unless the Board changed their minds. Ms. Beam added there were people who would make donations only if the City was not involved. Councilor Chapman clarified the assets would not be pledged to the City and would only happen if the U.S. Forest Service was unable to locate another operator. In the event of a failure and no one took over, his suggestion would require the MAA to pledge a portion of the cash liquidation of assets for restoration projects and have that requirement as part of the SUP. Ms. Bennett added this was the reason to hold the SUP, if MAA fails, the City could choose the next operator and have the first right of refusal. Ultimately, the U.S. Forest Service would have to approve any agreement. Mr. Clark commented on the potential liability of the City retaining the SUP. If the MAA failed, the entire liability would rest with the City finding a new operator or restoring it as the SUP holder. Additionally the City could incur litigation if there were a major accident at the ski area. Council consensus was to continue the process of possibly transferring the SUP. 2. Does Council wish to revise direction related to an ad hoc committee to address homelessness? Councilor Slattery suggested having one central ad hoc committee with several groups from the community forming "stakeholder" committees and presenting the central ad hoc with each of their top three issues and solutions regarding homelessness. Examples of stakeholder groups included the Chamber of Commerce, League of Women, Southern Oregon University (SOU), City of Ashland, Homeless Representatives, and the Faith Community. "rhe central ad hoc committee could consist of two Councilors, 3-5 experts on homelessness. and I staff person. This group would review each committee's three issues and forward to Council for deliberation. He also recommended taking the ideas on the short-term list-and implementing ones that were feasible and have the stakeholder groups address the more controversial items or all of them. Council supported the suggestion of multiple ad hoc committees. Councilor Slattery will provide a formal plan and a revised Council Goal on Homelessness at the April 5,2011 meeting. 3. Look Ahead Review. City Administrator Martha Bennett reviewed items on the Look Ahead. Meeting adjourned at 7:20 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder AGREEMENT WHEREAS, the City of Ashland, as lessor("the City"), and the Mt. Ashland Association, as lessee ("the MAA"), on or about July 9, 1992, entered into the Mt. Ashland Ski Area Lease ("the Lease") a copy of which is attached hereto and marked as Exhibit "1'; WHEREAS, the City desires to surrender to the United States Department of Agriculture Forest Service Special Use Permit ("the Permit") as described in the Lease if a comparable permit is issued to MAA, and the MAA desires to have the Permit or a comparable permit issued to it; WHEREAS, the City is the owner of certain improvements in and on that certain real property located on Mt. Ashland in Jackson County, Oregon, whi&is described in and is subject to the Permit ("the Permit Property"); If WHEREAS, the City is the owner of certain personal property, fixtures, furnishings, inventory and items of equipment used in connection with the operation of the Mt. Ashland Ski I, Area and/or located on the Permit Property including but not li..mited those items described in the Lease and identified in Exhibit"B" to they Lease.(the "E,qIuipment"); and - WHEREAS, the City has determined that it would improve MAA's ability to provide winter recreation to the Rogue Valley;twhich is beneficial to the economy of the region if MAA became the holder of the Permit a 'd,the owner of the property; and WHEREAS, the City has further determined that it would reduce the potential legal and financial liability of the City to convey the Permit and property to MAA; and WHEREAS, the City has determined that conveying the Permit Property and Equipment to the MAA would further the public interest and the MAA desires to receive the Permit Property and the Equipment to use in the operation of the Mt. Ashland Ski Area; Based on the foregoing and the mutual promises and covenants contained herein, the City and the MAA shall as soon thereafter as practicable accomplish the following: 1. The City will surrender the Permit to the Forest Service, and the MAA will apply for issuance of the Permit. The City agrees to assist reasonably the MAA in the process of issuing the Permit or a comparable permit to the MAA. 2. The City shall convey whatever interest it has, or by rights should have, in and to the Permit Property and the Equipment to the MAA by execution of a bill of sale for personal property and a statutory quitclaim deed for real property. 3. Upon issuance of the Permit or a comparable permit to the MAA, the provisions of the Lease shall have no further force or effect whatsoever, except that MAA will remain responsible for any amounts the City is required to pay pursuant to the Permit as a result of the City's surrender of the Permit. PAGE1 - AGREEMENT 4. The parties further agree that: a) The City shall have the right to appoint one person to serve as a non- " voting member of the Board of Directors of the MAA; however, the Board of Directors of the MAA must approve any director nominated by the City. Any director nominated by the City and approved by the MAA will serve as any other director of the MAA and will be provided with all information provided to directors, except that any such director will not participate in personnel or legal matters. b) MAA will provide the City with copies of all architectural, engineering, construction and logging plans, including without limitation any related environmental impact studies, relating to any improvements contemplated by MAA within,the Permit Property, now or in the future. MAA will deliver such plans to the City no less than thirty (30) days prior to the commencement of any construction, earth movement or-logging: Within 30 days of receiving the plans from the MAA, the City may but is not required to conduct a technical review of MAA's plans with respect to its impact on water quality;-including without limitation erosion, sedimentation and spill control. MAA agrees to'onferwith the City in good faith on any matters raised in a technical review relating to water quality. C) MAA agrees to compl with any obligations imposed with respect to I ! I sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load (TMDL) document prepared by the Orego, epartment of Environmental Quality to meet the requirements of Section 3030f the 1972 Federal Clean Water Act. d) The Permit or a comparable permit will require MAA to maintain a "Restoration Amount,"which shall mean and refer to the maintenance of available funds or assets by the MAA to cover area restoration in the unlikely event of the ski area closure. MAA agrees to increase the amount it maintains as the Restoration Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI — All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA further agrees that it shall at all times maintain the Restoration Amount (as increased pursuant to this paragraph) in unencumbered funds or assets, i.e., readily transferable assets subject to no lien. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the funds maintained for the Restoration Amount. e) The MAA agrees not to amend its articles of incorporation, without the express written consent of the City, in any way that would impair its current provision that, in the event the MAA dissolves, all of its assets which remain after MAA's creditor claims and other obligations are satisfied shall be distributed to the City. .f) The MAA agrees that in the event it dissolves, that none of its assets shall be distributed to a director, officer or other private person or private entity. PAGE2 - AGREEMENT g) MAA agrees that it will not, without the express written consent of the City, which consent shall not be unreasonably withheld: (1) transfer or convey to another person or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement; or(2) enter into an agreement with any other person or entity whereby the rights and obligations under the Permit or the comparable permit issued to MAA as contemplated in this Agreement would be assumed by any other person or entity. h) MAA will reimburse the City for the City's reasonable attorney fees and any other out-of-pocket expenses up to $7,500 incurred in connection with the negotiation and performance of this Agreement through the date the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. The City will provide MAA with a complete accounting of its attorney fees and out-of- pocket expenses within thirty (30) days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. MAA will pay the amount owed under this paragraph within ten (10)business days after the City delivers its accounting of those fees and expenses 5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit or a comparable permit and, with the exception oflParagiaphs 3 and 4(i), shall be of no force or effect ifthat condition is not met-on on before December 31, 2012. r 6. Miscellaneou's': I I t" a) There are;6o oral agreements or representations between the parties hereto which affect this Agreement%dnd this Agreement supersedes and cancels any and all previous negotiations, arrangements, warranties, representations,and understandings, if any, between the parties. b) The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. C) If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. d) It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have.the meaning which renders it valid. e) If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal therefrom shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. PAGE3 - AGREEMENT Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being provided with the notice. g) The MAA may not assign its interest in this Agreement to any third party without the express written consent of the City. This agreement shall inure to the benefit of and shall be binding upon the City and any permitted successors and assigns of MAA. h) This Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. J, t i) Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver.of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. j) The consent or approval of,either` party to"any act by the other party of a nature requiring consent or approval'shall!not be deemed"to waive or render unnecessary the consent to or approval of any subsequent. 'similar act`_ k) This Agreernrent shall-be governed and performed in accordance with the laws of the state of Oregon. 1) In the=event of a dispute pertaining to this Agreement, the parties agree to attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non- binding mediation before commencing litigation. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and heard in the appropriate court in Jackson County, Oregon. Date: Date: MT.ASHLAND ASSOCIATION—LESSEE CITY OF ASHLAND,OREGON—LESSOR By: By: Title: Title: 1 PAGE 4 - AGREEMENT CITY OF -ASH LAN D Council Communication Resolution regarding Council's recommendation on the Greater Bear Creek Valley Regional Problem Solving Plan (RPS) Meeting Date: August 16, 2011 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: billaashland.or.us Secondary Dept.: N/A � Secondary Contact: Derek Severson Approval: Martha Bennett N;(W- Estimated Time: 20 minutes Question: Does the City Council wish to adopt a resolution titled, "A Resolution on behalf of the City of Ashland recommending resolution of issues relating to the City of Ashland as part of adoption of the Greater Bear Creek Valley Regional Problem Solving Plan"? Staff Recommendation: Staff recommends that Council adopt a resolution making a formal recommendation on the RPS Plan to the Jackson County Board of Commissioners to communicate any remaining concerns or issues the Council may have. Staff has provided background below on the status of the RPS process to date, detailing how the issues raised by the Council in Resolution 92010-021 have been addressed and identifying new issues that have been raised through the Jackson County Planning Commission's hearing process and final recommendation to their Board of Commissioners. Background: The Oregon Revised Statutes allow for the establishment of regional problem solving programs in counties and regions throughout the state to provide a framework directed toward resolving land use problems in a region. The City of Ashland entered into a "Collaborative Regional Problem Solving" process in 2000 along with several other Bear Creek Valley municipalities and Jackson County. This Regional Problem Solving or "RPS" process is now approaching its twelfth year, and has brought together the cities of Ashland, Central Point, Eagle Point, Medford, Phoenix and Talent, as well as Jackson County and a number of state agencies to identify lands suitable for long-term urban growth that are sufficient to accommodate a doubling of the region's population. Lands that have been selected to accommodate future urban growth within the region have been designated as urban reserve areas (URA's) in the plan. Ashland is the only city participating in the RPS process that has not identified URA 's, as the City Council previously determined that with more efficient land use strategies, the lands already within Ashland's city limits and urban growth boundary were sufficient to accommodate the city's anticipated growth. In September of 2008, the City Council acknowledged general agreement with the RPS process and adopted a resolution supporting RPS and the general sequencing of the RPS approval process envisioned through the Jackson County Comprehensive Plan Amendment process. Ashland signed the formal Participants Agreement in December of 2009. After considering the most recent draft of the RPS Plan last year, the Council crafted Resolution #2010-021 which identified a number of issues the Council wished to see addressed before the final adoption of the RPS Plan by the County. The draft plan has been under review with public hearings held before the Jackson County Planning Commission over the last 19 months. On July 14, 2011 the Page 1 of 7 CITY OF -ASH LAN D Jackson County Planning Commission adopted a list of recommendation to their Board of Commissioners, the ultimate decision makers in the County's consideration of the Plan, and it is anticipated that these recommendations will be formalized and sent to the Board as findings on August 1 1, 2011. (The list of the County Planning Commission's recommended revisions is attached for Council review as "Regional Problem Solving: Amendments Proposed during Deliberations (to date), June 29, 2011.) The Board of Commissioners will review the plan at weekly meetings for two months starting in early September. The County has requested that individual cities provide input on the revisions that have been recommended through the Jackson County Planning Commission hearings process. This input is to be forwarded in resolution form to the Board of Commissioners no later than September 14, 2011. Representatives from participating cities will also have the opportunity to speak during the public hearings before the Board of Commissioners beginning in mid-September. Issues Raised in Resolution #2010-021 Six primary areas of concern were identified by the Council last June in their recommendation to the Jackson County Planning Commission, which took the form of Resolution #2010-021. These concerns are listed and explained below, followed by a brief explanation of how each issue has been addressed during the County's hearing process: 1. Population — That the population allocation be reviewed and adjusted accordingly prior to adoption. Specifically, the Regional Problem Solving Plan should be amended to reflect a 2040 population projection consistent with an approximate 1.06 average annual growth rate (AAGR), and u 2060 population projection consistent with an approximate 0.91 average annual growth rate for Ashland over the respective planning horizons. While Jackson County's Population Element is expected to be revisited in 2012 (JC Ord. 2007-3), it should be amended prior to final adoption of the RPS Plan. The Population Element should be revised based on the 1.06 percent annual growth rate through the 2020 planning horizon, and the 0.91 percent annual growth rate through the 2040 planning horizon. Population estimates should be corrected to reflect these projected growth rates, or alternate growth rates based upon an accepted, empirically based population proiection methodology. A November 4, 2010 letter from County Commissioner Walker to Mayor Stromberg is attached explaining that the County has undertaken a limited re-opening of their Population Element to address Ashland's concern over population allocations in conjunction with the RPS Plan adoption process. The County chose to re-allocate population from unincorporated areas of the County itself, rather than taking population from other cities in the region, thereby avoiding making changes in other cities' population allocations or land needs which might have posed substantial risk to the RPS Plan. This re-allocation provides a 1.06 percent annual growth rate through 2026 and a 0.91 percent annual growth rate through 2040, providing Ashland with a 2026 population of 26,055 and a 2040 population of 28,670. These allocations represent,a population increase of 3,736 and 5,614 over the respective periods. In staff's view, Ashland's population allocation concerns have been satisfactorily addressed provided that the Board of Commissioners supports the modifications to the draft RPS Plan and associated corrections to Jackson County's Population Element. To this end, we have included a re-affirmation of the importance of correcting the population allocation issue in the attached resolution. Page 2 of 7 �r, CITY OF ASHLAND 2. Efficient Land Use and Transportation Planning/Implementation —Ashland's Resolution #2010-021 urged that the Regional Problem Solving Plan incorporate a commitment to Transit Oriented Development and/or a commitment by the participating cities to a higher density (lower land need)planning scenario of at least 7.26 dwelling units per acre (as suggested by DLCD) which would provide densities more conducive to supporting a successful regional transit system, and asked that the plan include measures to verify compliance with these commitments through any proposed urban growth boundary expansion by requiring preparation of a conceptual development plan specifying anticipated target residential and/or employment densities. Recommendations from the Jackson County Planning Commission and their staff have included revised density commitments from all participating cities which were arrived at to comply with the state's current safe harbor requirements for the first 25 years of the planning horizon. These density commitments involve densities of 6.5 to 6.9 dwelling units per acre over the first half of the planning period. During the subsequent period, density commitments would be increased by the participating cities for the remainder of the planning period to from 7.5 to 7.9 dwelling units per acre. (These revisions are detailed under item 43 of the attached "Amendments Proposed during Deliberations" on page 2 of 7.) In addition, the revisions recommended by the County Planning Commission would include a commitment by all participating cities including Ashland to meet the benchmarks in the 2009 Regional Transportation Plan (RTP), which is administered through the Metropolitan Planning Organization (MPO), for the percentage of new dwelling units and new employment created in mixed-use, pedestrian friendly areas or transit-oriented developments (TODs). (These revisions are detailed under item #13 of the attached "Amendments Proposed during Deliberations" on page 4-5 of 7.) These percentages are listed under Alternative Measures #5 and #6 in the RTP, and would require that 49 percent of new dwelling units and 44 percent of new employment be located in mixed-use, pedestrian friendly areas or TODs by 2020. The objective of these measures is to demonstrate progress towards creating mixed use, pedestrian friendly developments in the region, and as such the requirement is considered to be met if the city or the region overall is achieving the targets or minimum qualifications, whichever is greater. The plan revisions also provide that the requirements can be offset by increasing the percentage of dwelling units and/or employment within the city limits which would allow the transfer of some increased density into a city's core rather than concentrating increased density in urban reserves at the perimeter of a city. Ashland is already committed to the Regional Transportation Plan standards through our participation in the MPO. Staff believes that the commitments to increased density and mixed-use, pedestrian friendly development over the long-term are consistent with the Council's previous resolution, and we have included a reaffirmation of the importance of these issues to the Council in the proposed resolution attached hereto. 3. Urban Fringe— That the Regional Problem Solving Plan be amended to provide some formal assurance that the ten-acre minimum lot size requirement for land divisions within one mile of Ashland's urban growth boundary, as outlined in Oregon Administrative Rule 660-004- 0040(8)(c), will remain in place within Ashland's urban fringe until Ashland identifies urban Page 3 of 7 CITY OF ASHLAND reserve areas and an urban reserve management agreement between Ashland and Jackson County is signed. Given that the limitations would affect only a small number of lots within Ashland's urban fringe, Jackson County staff has proposed that the urban fringe provisions be left in place for Ashland (This item is found on pages 1081-1082 of the record, in Section 2.15 of the proposed revisions to Chapter 5) The attached resolution reaffirms the Council's desire to see this protection retained with adoption of the plan. 4. Jurisdictional Transfer—In last year's resolution, Council indicated that a jurisdictional transferfrom the county to the cities for all county roads within existing city limits should not be tied to the adoption and acknowledgement process.for the RPS Plan. This issue, which was raised by Jackson County very near the release of the draft RPS Plan, was seen by many of the participant cities as having signif cant budgetary implications which needed to be further considered by the cities and the county and not simply brought in under the umbrella of the broader RPS Plan adoption. The County has reconsidered this policy, and has begun discussing jurisdictional transfers with individual cities in conjunction with the creation of Urban Growth Boundary and Urban Reserve Area cooperative management agreements. The attached resolution reaffirms the Council's stance on jurisdictional transfers. 5. High Value Farm Land— The 2010 resolution asked that Jackson County reduce the amount of critical commercial agricultural lands included in Urban Reserve Areas (URA 's). More specifically, the Council indicated that a commitment to higher densities combined with more accurate population allocations would allow for a reduction in the amount of high value farm land taken in the plan. While the County has been generally agreeable to.correcting Ashland's population allocation they did so simply by shifting population which had previously been allocated to unincorporated areas of the County. No other cities' population allocations were affected and thus there was no associated reduction in land needs. Similarly, the plan now includes revised staggered density commitments from all participant cities with initial commitments to densities of from 6.5 to 6.9 units per acre over the first 25 years of the plan, and densities of from 7.5 to 7.9 units per acre over.the remainder of the planning period. This additional density however has not reduced identified land needs within the plan and as such the amount of high value farm land proposed for development remains essentially unchanged from the draft plan reviewed last summer. In trying to identify and address the impacts of a doubling of the region's population on agriculture, the County has held an agricultural forum with agricultural stakeholders from around the region in conjunction with the Oregon State University Agricultural Extension Service, and another such forum is in the works. Local land use activist group Rogue Advocates has teamed with farmers and farm advocacy groups to put forth a farmland conservation easement proposal they would like to see incorporated into the RPS Plan. . This program would require that when high value farm lands Page 4 of 7 �tir, CITY OF ASHLAND are developed, a commensurate area of high value farm land within the region be protected through easements providing permanent protection from development. A one-page summary of this program is included as an attachment. The RPS process envisioned the development of individualized definitions of livability for each community based on its unique community identity and vision of its urban form and characteristics. Taking Central Point as an example, the city's location relative to high value agricultural lands means that full protection of those lands would require either that the city not grow or that it's growth "leap frog'the agricultural lands in a manner that would not provide for the most efficient land use in terms of maintaining a logical urban form and efficiently providing services which runs counter to the city's unique community identity and vision of its urban form. The balancing of local autonomy against efficient land use and farm land preservation is for staff the pivotal issue of the plan, and given the diverse characters of the cities involved, it is a difficult balancing at best. Council will ultimately need to decide how strongly they wish to address the issue of preserving high value farm land in the resolution, and staff believes that they may wish to express support for the Rogue Advocates' farm land conservation easement program to provide some measure of protection for farm land. 6. Regional Housing Strategy— The resolution also asked that Jackson County identify a timeline for a process to create regional housing strategies which would encourage a range of housing types throughout the region. Revisions proposed by County Staff during the County Planning Commission's hearings included that participating jurisdictions shall create regional housing strategies that strongly encourage a range of housing types throughout the region within five years of acknowledgement of the RPS Plan. (This item is found on page 1081 of the record, in Section 2.12 of the proposed revisions to Chapter 5.) The attached resolution reaffirms the Council's desire to create regional housing strategies to encourage a range of housing types throughout the region. Jackson County Planning Commission Recommendations The Jackson County Planning Commission identified a number of revisions that were passed along to the Board of Commissioners along with their recommendation to approve the RPS Plan. The list of recommended revisions is included in the attachments, and those which were specific to Ashland or generally applicable to cities including Ashland are discussed in further detail below: #3 Amends Volume 1, Chapter 2, Table 2.10 (page 1770 of the record) and Chapter 5, Section 2.5 (page 1986 of the record) to add a commitment to a staggered density and also to apply a density commitment to the City of Ashland for its existing urban growth boundary. Also amend Volume 2, Appendix 1X, "Regional Land Needs Simulator" and land need tables and text throughout the plan accordingly. This change adds a commitment to a 6.6 dwelling units per acre density within Ashland's existing urban growth boundary. Other participating cities are committing to similar densities from 6.5 to 6.9 dwelling units per acre within their existing urban growth boundaries as well. Page 5 of 7 �r, CITY OF -ASHLAND In addition, while Ashland is not identifying urban reserve areas, the other participating cities are committing to densities of between 6.5 and 6.9 units per acre for their proposed urban reserve areas during the first half of the planning period (from 2010 to 2035), with these density commitments increasing to 7.5 to 7.9 dwelling units per acre over the remaining period (from 2036 to 2060). For comparison purposes, staff would note that a review of land use actions in Ashland for the past five years suggests that new developments have been approved at an average density of approximately 7.46 dwelling units per acre. #13 Amend Volume 1, Chapter 5, Section 2.6 as follows to apply the mixed-uselpedesirian- friendly area commitment to the City of Ashland (page 1987 of the record): Mixed-Use/Pedestrian Friendly Areas: For land within a URA and for land currently within a UCB but outside the existing City limit, each city shall achieve the 2020 benchmark targets for the number of dwelling units (Alternative Measure 45) and employment (Alternative Measure 96) in mixed-use/pedestrian-friendly areas as established in the 2009 Regional Transportation Plan (RTP) or most recently adopted RTP. Beyond the year 2020, cities shall continue to achieve the 2020 benchmark targets, or if additional benchmark years are established, cities shall achieve the targets corresponding with the applicable benchmarks. Measurement and definition of qualified development shall be in accordance with adopted RTP methodology. The . . requirement is considered met if the city or the region overall is achieving the targets or minimum qualifications, whichever is greater. This requirement can be offset by increasing the percentage of dwelling units and/or employment in the City Limit. This requirement is applicable to all participating cities. These revisions recommended by the County Planning Commission include a commitment by all participating cities to meet the benchmarks in the 2009 Regional Transportation Plan (RTP), which is administered through the Metropolitan Planning Organization (MPO), for the percentage of new dwelling units and new employment created in mixed-use, pedestrian friendly areas or transit-oriented developments (TODs). These percentages are listed under Alternative Measures 45 and #6 in the RTP, and would require that 49 percent of new dwelling units and 44 percent of new employment be located in mixed-use, pedestrian friendly areas or TODs by 2020. The objective of these measures is to demonstrate progress towards creating mixed use, pedestrian friendly developments in the region, and as such the requirement is considered to be met if the city or the region overall is achieving the targets or minimum qualifications, whichever is greater. The plan revisions also provide that the requirement can be offset by increasing the percentage of dwelling units and/or employment within the city limits which would allow the transfer of some density into a city's core, nearer to infrastructure and transit service, rather than concentrating increased densities in urban reserves at the periphery of a city. Ashland is already committed to the Regional Transportation Plan's standards through our participation in the MPO. Staff believes that these commitments to increased density and mixed-use, pedestrian friendly development over the long-term are consistent with the Council's previous resolution. Page 6 of 7 CITY OF ASHLAND Related City Policies: Ashland Comprehensive Plan policies related to the recognition of the need for regional collaboration with respect to land use planning issues. Council Options: 1. Adopt the proposed resolution making a recommendation to the Jackson County Board of Commissioners regarding the adoption of the RPS Plan; 2. Adopt the proposed resolution, as amended by the Council, making a recommendation to the Jackson County Board of Commissioners regarding adoption of the RPS Plan; Potential Motions: 1. Move to adopt the proposed resolution making a recommendation to the Jackson County Board of Commissioners on the adoption of the Greater Bear Creek Valley Regional Problem Solving Plan. 2. Move to adopt the proposed resolution, including the following amendments, making a recommendation to the Jackson County Board of Commissioners on the adoption of the Greater Bear Creek Valley Regional Problem Solving Plan. Attachments: • Draft Resolution • City of Ashland Resolution #2010-021 • September 10, 2010 Jackson County Planning Staff recommended revisions • November 4, 2010 Population Letter from Commissioner Jack Walker • February 16, 2011 Jackson County Planning Staff recommended revisions • June 29, 2011 "Regional Problem Solving: Amendments Proposed during Deliberations (to date)" • Summary of Rogue Advocates' proposed "Farmland Conservation Program" NOTES: Individual hardcopies of the three volumes of the Draft RPS Plan were distributed to Councilors on May 28, 2010, prior to consideration of Resolution#2010-021. All three volumes of the plan and the record of the Jackson County Planning Commission hearing process are available for review on-line at http://www.jacksoncounty.6ry/ros .) Page 7 of 7 RESOLUTION NO. 2011- A RESOLUTION ON BEHALF OF THE CITY OF ASHLAND RECOMMENDING RESOLUTION OF ISSUES RELATING TO THE CITY OF ASHLAND AS PART OF ADOPTION OF THE GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PLAN. Recitals: A. WHEREAS Pursuant to former ORS 197.654 (1) (2007), Jackson County and the cities of Medford, Ashland, Central Point, Eagle Point, Phoenix and Talent, entered into a collaborative regional problem-solving (RPS) process; and B. WHEREAS the City of Ashland (City), as a participant in RPS, having signed a Participants' Agreement identifying a regional land use problem, establishing goals addressing the problem, creating mechanisms for achieving such goals, and a system for monitoring the implementation and effectiveness of the those goals ; and C. WHEREAS the Greater Bear Creek Valley Regional Problem Solving Plan (the "RPS Plan") contemplated by the Participants' Agreement has been proposed under the provisions of former ORS 197.654(1) and former 197.656(2), which remain applicable to this RPS process; and D. WHEREAS Jackson County is the local government charged with adopting the final RPS Plan; and E. WHEREAS the RPS process must include: (a) An opportunity for involvement by other stakeholders with an interest in the problem; and (b) Efforts among the collaborators to agree on goals, objectives and measures of success; and F. WHEREAS the City made initial recommendations to the Jackson County Planning Commission concerning the contents and adoption of the RPS Plan, including associated maps and findings as Resolution#2010-021; and G. WHEREAS the Jackson County Planning Commission has conducted public hearings on the RPS Plan over the course of the past 19 months and will be forwarding recommended revisions of the RPS Plan to the Board of Commissioners; and H. WHEREAS the City Council conducted a public meeting on the RPS Plan on August 16, 2011 to consider the revisions recommended by Jackson County planning staff and the Jackson County Planning Commission; and I. WHEREAS, all requirements for legal notices and advertisements have been fulfilled and public testimony accepted and recorded; now, therefore, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Page 1 of 3 SECTION 1 — RPS PLAN. The City Council of Ashland hereby recommends Jackson County's adoption of the "Greater Bear Creek Valley Regional Plan", attached as Exhibit "A", and associated findings as amended with the following provisions: ]. Population — In Resolution #2010-021, the Council previously recommended that Ashland's population estimates be corrected to reflect projected growth rates more consistent with Ashland's historic development patterns, emphasizing the importance of basing infrastructure planning to accommodate growth within our existing city boundaries on accurate numbers. The County has subsequently initiated a limited re-opening of its Population Element to reflect a 1.06 percent annual growth rate for Ashland through 2026, and a 0.91 percent annual growth rate through the 2040 planning horizon in conjucnction with review of the RPS Plan. The Council wishes to express our appreciation to the Board of Commissioners for being willing to resolve this matter through the on-going collaborative planning process of RPS, and to reaffirm the importance of accurate population allocations to Ashland and the broader regional planning process. 2. Efficient Land Use and Transportation Planning — In Resolution #2010-021, the Council recommended that commitments to Transit Oriented Developments (TODs) and/or higher density be incorporated into the Regional Problem Solving Plan in order to provide densities to support a successful regional transit system. With the revisions recommended by the Jackson County Planning Commission, participating cities are to commit to staggered densities of from 6.5 to 7.9 dwelling units per acre for their existing urban growth boundaries and proposed urban reserves over the planning horizon while also seeking a substantial percentage of new residential development and employment creation within Transit Oriented Developments (TODs) or mixed-use pedestrian friendly areas. The Council wishes to again emphasize the importance of planning development in the region in a manner that will ultimately support a successful regional transit system, and recommends that the Board of Commissioners adopt #3 and #13 of the Planning Commission's recommended revisions to the plan. 3. Urban Fringe — The Council recommends that the Board of Commissioners adopt the Chapter S revisions proposed by County staff in Section 2.15 to retain the ten-acre minimum lot size requirement for those areas located in the County within a mile of Ashland's Urban Growth Boundary until Ashland identifies urban reserve areas and an urban reserve management agreement (URMA) is signed between Ashland and Jackson County. 4. Jurisdictional Transfer — The Council wishes to reaffirm it's previous stance that jurisdictional transfer of County roads within existing city limits should not be tied directly to the adoption and acknowledgement process for the RPS Plan, but should instead be negotiated between the County and individual cities in Page 2 of 3 conjunction with Urban Growth Boundary and Urban Resere Area management agreements. 5. High Value Farm Land — The City of Ashland continues to believe that the amount of high value farm land included in Urban Reserve Areas should be minimized through more efficient use of lands within existing boundaries, and that high value farm land should be the last option considered for accommodating development. Absent meaningful reductions in the amount of high value farm land included in the urban reserves identified in the RPS Plan, Ashland supports the Farmland Conservation Program developed by Rogue Advocates and a coalition of farmers, farm advocates and citizens concerned with the loss of farmland and the on-going viability of agriculture within our region. 6. Regional Housing Strategy — Diverse and affordable housing options close to work, school and shopping are an essential element to managing growth, supporting economic development, providing schools and public services, and reducing the environmental and social impacts of growth. With this in mind, the Council recommends that the Board of Commissioners adopt the Chapter S revisions proposed by County staff in Section 2.12 which call for participating jurisdictions to create regional housing strategies that strongly encourage a range of housing types throughout the region within five years of acknowledgement of the RPS Plan. SECTION 2. This resolution takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of .12011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 i City of Ashland Reso. #2010-021 i i RESOLUTION NO. 2010- oZ/ A RESOLUTION ON BEHALF OF THE CITY OF ASHLAND RECOMMENDING RESOLUTION OF ISSUES RELATING TO THE CITY OF ASHLAND AS PART OF ADOPTION OF THE GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PLAN. Recitals: A. WIIEREAS Pursuant informer ORS 197.654(1)(2007),Jackson County and the cities of Medford,Ashland, Central Point,Eagle Point,Phoenix and Talent,entered into a collaborative regional problem-solving(RPS)process;and B. WHEREAS the City of Ashland(City),as a participant in RPS,having signed a Participants'Agreement identifying a regional land use problem,establishing goals addressing the problem,creating mechanisms for achieving such goals,and a system for monitoring the implementation and effectiveness of the those goals;and C. WHEREAS the Greater Bear Creek Valley Regional Problem Solving Plan(the"RPS Plan")contemplated by the Participants'Agreement has been proposed under the provisions of former ORS 197.654(1)and former 197.656(2),which remain applicable to this RPS process; and D. WHEREAS Jackson County is the local government charged with adopting the final RPS Plan;and E. WHEREAS the RPS process must include: (a)An opportunity for involvement by other stakeholders with an interest in the problem;and(b)Efforts among the collaborators to agree on goals,objectives and measures of success; and F. WHEREAS the City has been requested to make recommendation(s)to Jackson County concerning the contents and adoption of the final RPS Plan,including associated maps and findings;and G. WHEREAS the City's Planning Commission discussed and took comments on the RPS Plan on April 27,2010 and the City Council conducted a public meeting on the RPS Plan on June 15,2010,2010;and H. WHEREAS,all requirements for legal notices and advertisements have been fulfilled and public testimony accepted and recorded;now,therefore, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I —RPS PLAN. The City Council of Ashland hereby recommends Jackson County's adoption of the"Greater Bear Creek Valley Regional Plan",attached as Exhibit"A",and associated findings as amended with the following provisions: Page I of II I 1. Population — That the population allocations be reviewed and adjusted accordingly prior to adoption by the Jackson County Board of Commissioners. Specifically, the Regional Problem Solving Plan must be amended to reflect a 2040 population projection consistent with an approximate 1.06 average annual growth rate (AAGR), and a 2060 population projection consistent with an approximate 0.91 average annual growth rate for Ashland over the respective planning horizons. While Jackson County's Population Element is expected to be revisited in 2012 (JC Ord.2007-3), it must be amended prior to final adoption of the RPS Plan by the County. The Population Element must be revised based on the 1.06 percent annual growth rate through the 2020 planning horizon, and the 0.91 percent annual growth rate through the 2040 planning horizon. I Population estimates must be corrected for Ashland and all other participants to reflect .these projected growth rates, or alternate growth rates based upon an accepted, empirically based population projection methodology prior to adoption by the Board of Commissioners. 2. Efficient Land Use and Transportation Planning/Implementation —That the Regional Problem Solving Plan incorporates a commitment to applying land use strategies that increase target densities and promote a healthy mix of land uses that influence greater use of a full range of transportation options (i.e. walking, cycling,transit and rail).. Participants should commit to a higher target density, lower land need scenario of approximately 7.26 dwelling units per acre(as suggested by DLCD),which would provide densities more conducive to supporting a successful regional transit system. Should meeting the target density for an Cuban reserve area prove to be infeasible due to the location, physical characteristics of the land or lack in proximity to existing or planned transit route,the target density may be met by an increase in Plan density elsewhere in the UGB at a location without these or similar constraints. The plan shall include measures to verify compliance with these commitments as part of any proposed urban growth boundary expansion, for instance by the preparation of conceptual development plans identifying proposed residential and/or employment densities. Participants should commit to a meaningful increase in the average density within an existing urban growth boundary prior to any expansion into urban reserve areas. 3. Urban Fringe—That the Regional Problem Solving Plan be amended to provide some formal assurance that the ten-acre minimum lot size requirement, as Page 2 of 3 It I outlined in Oregon Administrative Rule 660-004-0040(g)(c), will remain in place within Ashland's urban fringe until Ashland identifies urban reserve areas and an urban reserve management agreement between Ashland and Jackson County is signed. 4. Jurisdictional Transfer — That jurisdictional transfer of County roads within existing city limits as suggested in John Vial's June 4, 2010 letter should not he tied to the adoption and acknowledgement process for the RPS Plan. This issue, only recently raised by the County, may have significant budgetary implications which need to be further considered by the Cities and the County. 5. High Value Farm Land —That Jackson County should reduce the total amount of critical commercial agricultural lands included in urban reserve areas. The City of Ashland believes that the adoption of the higher density/lower land need planning scenario and a more accurate population allocation will reduce the total amount of land needed to accommodate future urban growth, and would allow a reduction in the amount of high value farm land included in the proposed urban reserve areas. i 6. Housing Strategies—That Jackson County identify a specific timeline during the Regional Problem Solving Plan adoption process for the creation of regional housing strategies that strongly encourage a range of housing types throughout the region. Diverse and affordable housing options close to work,school and shopping are an essential element to managing growth, supporting economic development, providing schools and public services, and reducing the environmental and social impacts of growth. I JOSN 2.This resolu akes eIT'ect u signing by the Mayor. � Barbara Christensen,City Recorder i SIGNED a s"_nd APPROVED third day of 2010. Jo Stromberg,Mayor Revi ed to fo r[� a It Richard Appicello, 1 ttorney Page 3 of 3 ni Jackson County Planning Staff Recommended Revisions September 10, 2010 DEVELOPMENT SERVICES JACKSON M E M O Josh LoBomnner Senior Planner COUNTY W Baum rd,OR Oakdale 9Ave. Me:(541 77 97507 PhFax(541)771.8811 yc IC•' .._ �� 0 r e g o It lebomblm(�lacks4 wnry.org TO: Jackson County Planning Commission FROM: Josh LeBombard; Senior Planner SUBJECT: Proposed Edits to the RPS Plan DATE: September-10, 2010 This memo is meant to elaborate on the substantive proposed edits to Volume I, Chapters 1, 3, and 5; and Volume II Appendix 5 of the RPS Plan that staff has submitted into the record. Volume I, Chapter 1 and Volume II, Appendix V Community Buffers Much testimony has been received in regards to the Community Buffers identified in Chapter 1 of the RPS Plan. Generally,the testimony revealed that the Community Buffer discussion in the RPS Plan Is confusing at best. Questions were raised about how these areas are to be applied (e.g. zoning overlay), whether there are any additional zoning restrictions applied to these areas, and whether designation of these areas constitutes a "takings" regardless of whether any additional restrictions accompany their designation. In response to the testimony,staff has proposed some changes to the Community Buffer sections currently found in Chapters 1 and Chapter 5 of the RPS Plan.These changes are meant to clarify that: 1)no additional zoning restrictions are to be applied to these areas, 2)the primary purpose of the Community Buffers was to aid in the Urban Reserve selection process in order to ensure that Goals 2 and 3 of the RPS Plan are met, and 3) the Community Buffers will not be used as an additional zoning overlay and in fact serve no additional future functional purpose. Therefore,staff has moved the Illustrations of the Community Buffers found in Section 6.1.1 of the RPS Plan to Appendix V. Community Buffer Strategy Staff has moved the "Community Buffer Strategy" section from Chapter 5 to Chapter 1 and o v simplified the discussion on this item because it is also found within the Appendix of the RPS Plan. I Since this is a voluntary strategy, providing details on this strategy is unnecessary. E a a Furthermore, staff has proposed to change the heading from "Community Buffer Strategy" to 2 "Regional Land Preservation Strategies". A change has been made to Chapter 5 proposed m Section 2.11 accordingly. This change responds to testimony received both at the Agricultural Forum and at Planning Commission hearings relating to the economic and food security impacts a o associated with the potential loss of farmland due to the future urbanization of farmland within the g proposed Urban Reserve Areas. Since the"Community Buffer Strategy'was specific to protecting 5 ? land for open space purposes, the change to"Regional Land Preservation Strategies"recognizes o N 6 Z m Jackson County Proposed Edits to the RPS Plan Page 2 that any future land preservation strategy should take Into consideration more than simply the preservation of community identity. For Instance, an additional preservation strategy which could be employed in the future to mitigate for the loss of farmland includes the establishment of an easement purchasing program. Furthermore, a food security policy committee could be formed to develop agricultural land preservation strategies. It may be prudent to at least include reference to additional preservation strategies such as those mentioned above in the"Regional Land Preservation Strategies" section of Chapter 1. Staff has not done so at this time but can do so at your request. Regional Agricultural Bufferino Standards This section was moved from Chapter 5 to Chapter 1.This section only provides a summary of the buffering standards found in Appendix III of the RPS Plan and more appropriately belongs in Chapter 1. Volume I, Chapters 3&5 Staff has proposed significant changes to Chapter 5 of the RPS Plan. To begin, the Chapter has been reorganized to better align with Oregon Revised Statute language and to be more readable in general. As mentioned previous in this Memo, Sections 1 and 2 of the current version of this Chapter have been moved to Chapter 1 and to Appendix V. Below is a synopsis of the major changes proposed by staff. RPS Implementation Techniques The Implementation Techniques have been revised to remove reference to the Participants' Agreement.A Participants'Agreement is required by statute as part of Regional Problem Solving; however, the RPS Plan itself contains the details in regards to how the RIPS process achieves the Identified problems. Performance Indicators As you are aware, the RPS Plan becomes effective after acknowledgement by the Land Conservation and Development Commission (LCDC), barring any appeals. Over the past 10 years the RPS Plan has been presented to LCDC multiple times. These presentations were simply check-ins with LCDC and as such they did not officially comment on the RPS Plan. However, they did offer some general feedback.This feedback was reiterated in a letter from the Department of Land Conservation and Development(DLCD)on May 21, 2010.The letter stated that LCDC's support of the RPS Plan would depend on a demonstration of an efficient use of urban land. DLCD went on to suggest that this could be demonstrated by either incorporating a commitment to Transit Oriented Development or to the high density targets listed in the RPS Plan. Furthermore, your Commission has received testimony from many sources including RVTD, the City of Ashland, and the public, suggesting that a commitment to higher densities and a mix of land uses will allow for a greater range of transportation options in the future. Specifically, in their Memo to your Commission titled "Analyzing Land Use for Transit Viability', RViD pointed out that efficient public transit is dependent upon more factors than simply 7100 Jackson County Proposed Edits to the RPS Plan Page 3 residential density(e.g. dwelling units per acre). Transit depends on people'—residents, employees, students and shoppers, etc. Looking at dwelling unitsracre will not provide the best information for transit but is most commonly used. The number of persons per .5 mi' may be a better analysis for mixed-use development.For a minimum level of transit service 5 persons per acre would be sufficient, for intermediate 7 persons per acre would suffice. In response to the comments by LCDC, DLCD, and the additional testimony received, staff has reviewed the density commitments by the cities as well as other portions of the RPS Plan that correlate with development form. Residential Density It has been mentioned several times that the current version of the Draft Plan does not contain a provision to allow for the transfer of density from the proposed Urban Reserve Areas to existing city limits as the Participant's Agreement did. Staff agrees that a provision to allow for the transfer of density to the existing city limits is needed to avoid the potential of having community peripheries which are denser than the city cores. This has been corrected in proposed Section 2.5. The current density commitments by the cities are illustrated in Figure 2.10 of the RPS Plan and are also shown below in Figure 1. In addition to the committed densities, Figure 1 also displays how the current commitments compare to the current built density of each city. As you can see, not all of the city density commitments are created equal. The commitments range from 3.33% to 25.00%. This variation Is substantial and may pose a risk to acknowledgment of the RPS Plan and/or may result in a successful appeal of the RPS Plan. Moreover, it appears that these commitments are fairly arbitrary. Figure 1. RPS Density Analysis Central Eagle Ashland Point Point Medford Phoenix Talent Current Density 5.28 5.5 5.2 5.2 6 5.65 Committed Density n/a 6 6.4 6.5 6.2 6.2 Percent Increase:Current Density to Committed Density n/a 9.09% 23.08% 25.00% 3:33% 9,73% SAFE HARBOR (660.240-0040(B)(h))-25% Increase from Current Density n/a 6,9 6.5 6.5 7.5 7.0625 SAFE HARBOR (660-240-0040(8)(f))-Safe Harbor Table' n/a 6.6 6.6 n/a 6.6 6.6 1 Safe Harbor assumed density for city with population to be>25,000.A conversion factor of.825 was used to conved from dwelling units/net acre to dwelling units/gross acre. While the density commitments made by the cities need to be realistically achievable, they also Jackson County Proposed Edits to the RPS Plan Page 4 should be based upon reasonable Information. As such, in revised Section 2.5 of Chapter 5 the RPS Plan, staff is recommending that the committed densities be increased to correspond with the Safe Harbor provisions of Oregon Revised Statute that govern Urban Growth Boundary amendments. Basing density commitments on these provisions provides a rational approach towards demonstrating the commitment to efficient urban form. Regarding Central Point, Eagle Point, and Medford, staff is proposing to base their density commitments on OAR660-240-0040(8)(h)which provides for the use of a 25% density increase over the overall built density as follows: (h)As an alternative to the density safe harbors in subsection(n and,if applicable, subsection (g), of this section;a-local government outside of the Metro boundary may assume that the average overall density of buildable residential land In the urban area for the 20-year planning period will increase by 25 percent over the average overall density of developed residential land in the urban area at the time the local government initiated the evaluation or amendment of the UGB. if a local government uses this Incremental Housing Density safe harbor, it must also meet the applicable Zoned to Allow density and Required Overall Minimum density requirements in Column B of Table 1 and, if applicable, Table 2, and must use the Housing Mix safe harbor in Column C of Table 1. For Phoenix and Talent, rather than use the Safe Harbor provision relating to a 25% increase over overall build density, staff has proposed to base their density commitments on the Safe Harbor provision of OAR660-240.0040(8)(f). OAR660-240-0040(8)(f) specifies acceptable densities for cities based upon population. Basing the density commitments on this provision seems more appropriate for Phoenix and Talent because a significant amount of development within both of these cities is made up of mobile home parks. Because mobile home parks are typically very dense, they artificially increase the built density of both cities. To project a 25% increase over a density figure that is likely to be artificially high may result in a commitment that is not realistically achievable. If your Commission agrees with the proposed changes to densities, Chapter 2 including Figure 2.10 of the RPS Plan will need to be revised accordingly. Lastly, staff has reassessed the density assumptions used to determine future buildout of the existing rural Urban Growth Boundary areas, Currently in the Draft Plan, the existing built density of each city was used as the assumption of how the existing rural Urban Growth Boundary areas will build out. This in turn affects the amount of land needed to accommodate a doubling of the region's population. The public has raised this issue many times during [his public hearing process. It has been indicated that using existing built densities as an assumption for the future buildout of existing rural Urban Growth Boundary areas does not demonstrate an efficient use of land. Staff concurs and has made a change to proposed Section 2.5 to require the cities to commit to the specified densities in both the proposed Urban Reserve Areas as well as the existing rural Urban Growth Boundary areas. - io �Cn Jackson County Proposed Edits to the RPS Plan Page 5 Mixed Use/Pedestrian Friendly Areas In their Resolution to your Commission,the City of Ashland expressed conditional support of RPS. One of their conditions was that the Plan promotes a healthy mix of land uses that influence greater use of a full range of transportation options.Additionally, RVTD has indicated(letter dated April 6, 2010)that they prefer future growth be concentrated along existing corridors because it is more cost-effective for them to serve an existing corridor than it is to serve an outlying area. However, considering it is probably not realistic to accommodate a doubling of the region's population within the existing city limits,development outside of existing city limits will likely occur. Therefore, in order to provide cost-effective public transportation to these new areas, development within these areas must be conducive to public transportation. This means that development must be at a density and in a form that can support public transit. Moreover,as mentioned earlier,density should be measured by"'people'—residents,employees, students and shoppers, etc.", not simply dwelling units per acre., Specifically, RVTD notes that multi-use, compact development is essential for efficient and cost-effective transit" and "'nodal' development has proven to be an efficient pattern based on RPS modeling, and RVTD supports this method for URAs". All of the participating cities besides Eagle Point are within the jurisdiction of the Metropolitan Planning Organization (MPO). One of the main tasks of the MPO is to develop the area's long-range transportation plan, the Rogue Valley Regional Transportation Plan (RTP). The RTP addresses the region's projects, programs and policies for at least a 20-year period.To meet the requirements of the Transportation Planning Rule (TPR), the MPO adopted seven Alternative Measures in the RTP. These Alternative Measures were approved by LCDC in April of 2002. As such, the cities within the jurisdiction of the MPO are committed to these measures. Alternative Measures 5 and 6 are particularly pertinent here. Alternative Measures (AM) 5 and 6 are as follows: • AM 5: Percentage of New Dwelling Units in Mixed-Use/Pedestrian Friendly Areas • AM 6: Percentage of New Employment in Mixed-Use/Pedestrian Friendly Areas The MPO has established dates and associated targets to moat the Alternative Measures. "Appendix B- Reporting on RVMOP Alternative Measures and Alternative Mobility Standards" of the adopted 2009 RTP is attached for your reference. The 2020 target for AM 5 is: 49%of all new dwelling units are to be located within mixed-use/pedestrian friendly areas. The 2020 target for AM 6 is: 44%of new employment is to be located within mixed-use/pedestrian friendly areas. The MPO Technical Memo provides the methodology behind how these are measured and about what types of development qualifies. Committing to the mixed-use/ pedestrian friendly Alternative Measures for the proposed Urban Reserve Areas and existing rural Urban Growth Boundary areas in the RPS Plan, consistent with the commitment made in the Regional Transportation Plan, will assist the cities in better meeting the commitments by giving the cities the opportunity to illustrate how the commitment will be met for future development within the proposed Urban Reserve Areas via the Conceptual Land Use Plan(described later in this Report). It also further demonstrates the commitment to developing in a nodal manner, a manner that is more conducive to public transit than traditional development. This in turn further demonstrates a commitment towards an efficient use of urban land and promotes a healthy mix of land uses that influence greater use of a full range of transportation options. -lb�3- Jackson County Proposed Edits to the RPS Plan Page 6 Conceptual Plans The conceptual planning mentioned in the Performance Indicators in the Draft Plan lacks details regarding timing, the party responsible for the planning, and the specificity of content.This needs to be corrected In order to meet Goal 1, guiding policies 5 and 6.The Conceptual Plan in the Draft Plan (#9 in Section 3 of Chapter 5) speaks to the identification of regionally significant transportation corridors but does not provide a timeframe when those corridors need to be identified by and does not assign a responsible party. After further review of the intent of the Conceptual Plan, Staff has proposed to break the Conceptual Plan into 2 different Conceptual Plans: 1) Conceptual Transportation Plans and 2) Conceptual Land Use Plans. The proposed Conceptual Transportation Plan is intended to be the method to Identify the regionally significant arterial roadways that are identified through the transportation planning process as being critical to meeting the transportation needs associated with a doubling of the region's population. This plan will assist is meeting Goal 1,guiding policies 5 and 6,which are as follows: The Region will identify major infrastructure corridors needed in the future and develop strategies to achieve their long-term preservation. • The Region's Jurisdictions will ensure a well connected network of public streets as a means to reduce dependence on state highways for intro-city travel. The proposed Conceptual Land Use Plan Is Intended to be a method for the cities to demonstrate, at the time of a UGB Amendment into, an Urban Reserve Area, how they will meet their commitments made in the RPS Plan (e.g. density, land use distribution, etc.). The Conceptual Land Use Plan will also provide the County the opportunity to review the proposed UGB amendment in relation to the RPS Plan. Providing this level of review up front will significantly increase the potential for a city to comply with their RPS Plan commitments. This is meant to compliment the monitoring reports the cities will have to complete every 5 years. The monitoring reports will indicate how each city is meeting their commitments in the RPS Plan. The process of developing the Conceptual Land Use Plan will likely also lead to more citizen involvement between the city and the community, in particular the residents of the property within the area the city Is proposing to expand Into with the UGB amendment. For instance, the City of Central Point, in collaboration with the MPO, developed a Conceptual Land Use Plan for proposed Urban Reserve Area CP-213. Development of this plan involved community involvement in the form of design charrettes. Their Conceptual Land Use Plan ("Wilson Road Area UGB Expansion Plan")has been attached. The plan Central Point produced serves as an example of the intent of the Conceptual Land Use Plan. Each plan will be different but at the very minimum will need to demonstrate how the city's commitments in the RPS Plan have been met. Land Division Restrictions The Urban Reserve Rule provides guidance for provisions on future land divisions within areas designated as Urban Reserves(OAR 660-021-0040). These provisions are often placed with the Urban Reserve Management Agreements (URMA) between each city and the County. However, staff has proposed to Include these provisions within the RIPS Plan itself rather than in the URMAs because having them in the URMAs would allow for different standards to apply to each city. To provide consistency between all Urban Reserve Areas within the County it is suggested that these /byy- Jackson County Proposed Edits to the RPS Plan Pace 7 provisions be included In Chapter 5 the RPS Plan. Rural Residential Rule The City of Ashland has expressed concern over the removal of the provisions of the Rural Residential Rule (OAR 660-004-0040) affecting the "urban fringe" of Ashland. As discussed in Section 7 of Chapter 3 of the RPS Plan, the original read of the Rural Residential Rule by DLCD was that the provisions affecting land within 1 mile of the UGBs of Ashland, Central Point, and Medford would only be replaced by the provisions within the RPS Plan and associated URMAs if the particular city was proposing an Urban Reserve Area. Therefore, the Rural Residential Rule would remain for Ashland. However, subsequently DLCD has expressed a different read of the Rule and has indicated that since Ashland-is-part of a regional planning process, the Rural Residential Rule would be removed for them as well. The intent of the Rural Residential Rule is to minimize the potential for land divisions to conflict with future urbanization of these areas. Accordingly, the Rule establishes a 10 acre minimum lot size for new land divisions within 1 mile of the UGBs of Ashland, Central Point, and Medford. Since Central Point and Medford are proposing Urban Reserve Areas, it makes sense to remove the Urban Fringe restriction from their cities. However, since Ashland is not proposing any Urban Reserve Areas at this time, keeping the Urban Fringe provisions in place would provide a way to minimize conflicts with urbanization if the city chooses to expand their boundary in the future. Staff performed a quick GIS analysis of the properties located within the Urban Fringe of Ashland to determine how many properties are currently affected by the land division restriction. The data indicates that there are a total of approximately 9 lots affected by the restriction. Not taking into consideration any physical or natural constraints associated with those properties which would likely-reduce the potential to subdivide, if the Urban Fringe was removed, those 9 lots could be divided to create an additional approximately 15 lots. Since the Rural Residential Rule affects only a small number of lots within the Ashland area and because the City of Ashland Is requesting that this provision be left in Plan, Staff has proposed that the provision be left in place for Ashland (proposed Section 2.14). Corrective Measures A section titles"Corrective Measures and Plan Adjustments"has been added in order to comply with the RPS Statute. Proposed Section 5.1.2 come from the current draft of the RPS Plan; however the remaining sections are new.This section in general us proposed to set forth direction on what will need to occur If a city is not meeting its commitments and/or is proposing a change not contemplated in the RPS Plan. Appendix B Reporting on RVMPO Alternative Measures and Alternative Mobility Standards Appendix B addresses state requirements for Alternative Measures and Alternative Mobility Standards. Status report on the region's conformity with these requirements is given. Alternative Measures In April 2002 the Land Conservation and Development Commission (LCDC)approved Alternative Measures to bring the RVMPO's 2000 Regional Transportation Plan interim update into compliance with the state's Transportation Planning Rule(TPR). The RVMPO developed these measures because modeling of the 2000 RTP showed that the region could expect a 2.5% per capita VMT reduction over the 20-year planning period, falling short of the TPR's 5%per capita VMT reduction requirement.The Alternative Measures meet requirements for an alternative measure of reduced reliance on the automobile,as specified in section 660-012- 0035(5). LCDC's approval,however,was conditioned on completion of certain tasks to clarify the manner in which compliance would be measured. The RVMPO completed that work in 2004, and findings are at the end of this section. This appendix contains: 1. Alternative Measures Development 2. Selection of Measures 3. Alternative Measures Summary (table) 4. RVMPO Findings 5. LCDC Findings Regarding Alternative Measures 6. RVMPO Alternative Measures Implementation 7. Technical Memorandum: Refine Tracking Criteria,Alternative Measures 8. Technical Memorandum: Determination of Development that Satisfies Tracking Criteria J 1. Alternative Measures Development In April 2000,the RVMPO adopted an "Interim Update"of the Rogue Valley Regional Transportation Plan (RTP). The updated RTP contained a financially constrained project list, including projects identified in local TSPs from the cities of Medford(draft version), Central Point(draft version),and Phoenix (final version). Projects from Jackson County and ODOT,as well as a financially constrained transit plan from the Rogue Valley Transportation District (RVTD)were also included in the updated RTP. 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B,Page 1 Although the update of the RTP brought the region into compliance with Federal planning requirements,the RTP's compliance with the State's Transportation Planning Rule(TPR) remained an outstanding issue. The RVMPO's development of an alternative measure began with an inventory of possible measures.Early in the development process, the RVMPO chose to a select a set of measures as an alternative to the TPR's per capita VMT measure.Table B-1 lists the measures and the source from which six of the seven alternative measures were selected. The measure of alternative transportation funding was developed later in the process. Table B-1 Potential Alternative Measures Used in Selection Process Type Measure Source Mode share(alternative modes&SOV) TPR 0035(5)(d) ao Percent non-SOV commuter during peak-hour Oregon Benchmark#73/TPR 0035(5)(d) Percent non-auto trips Lane Council of Governments Transit service hours per capita RVTD Percent of population with access to public transit RVRTP Evaluation Criteria/TPR 0035 (5)(d) Transit ridership,service hours,and frequency RVRTP Evaluation Criteria Percent transit mode share on congested corridors Lane Council of Governments Percent employees participating In a trip-reduction Staff program Percent employees participating in Trans. Mgmt.Assoc. Staff TMAs Per capita vehicle trips TPR 0035 (5)(d) Per capita vehicle occupancy 2000-2020 Interim RVRTP,Appendix G Per capita vehicle miles of travel(VMT) RVRTP Evaluation Criteria/TPR 0035 (4)(a) Per capita vehicle-hours traveled(VHT) RVRTP Evaluation Criteria/TPR 0035 5 d Proportion of collectors and arterials w/wide curb/bike RVRTP Evaluation C.riterla/TPR 0035 lanes 5 d d Priority bikeway miles Lane Council of Governments Proportion of collectors and arterials w/sidewalks RVRTP Evaluation Criteria/TPR 0035 (5)(d) Priority sidewalk miles I Staff c Acres of zoned Transit-Oriented Development(TOD) Lane Council of Governments Percent of dwelling units built in TON Lane Council of Governments Percent of new"total"employment in TON Lane Council of Governments Throughout the development of the RVMPO's alternative measures,extensive meetings were held to solicit input from the public and RVMPO member jurisdictions. Table B-2 below summarizes the public participation and agency coordination effort that accompanied the development and approval of the RVMPO's alternative measures. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update LL!! Appendix B,Page 2 Table B-2 RVMPO Alternative Measures Public Parlici ation Meetings Entity Dale of Meeting Purpose of Meeting/Outcome March 20, 2001 Update/Discussion Public Advisory Council May 15,2001 DiscussionlRecommendation to Policy July 24, 2001 Committee for approval February 14,2001 March 14 2001 RVMPO Technical Advisory Aril 11, 2001 Update/Discussion Committee May 2,2001 June 20,2001 August 8,2001 Discussion/Recommendation to Policy Committee for approval February 27,2001 March 27, 2001 April 24 2001 Update/Discussion RVMPO Policy Committee May 22,2001 June 26,2001 September 6,2001 Discussion/Approval/Forward Alternative Measures proposal to LCDC Jackson County Bicycle Advisory March 28,2001 Update/Discussion Committee April 16, 2001 Transportation Advocacy May 15,2001 Committee(TRADCO) June 12,2001 UpdatelDiscussion July 10,2001 Discussion of use of Surface Transportation VTD May 29,2001 Program(STP)funds for increased transit service with RVTD Staff Phoenix may 30,2001 Jackson County May 31,2001 Discussion of use of Surface transportation Central Point June 5,2001 Program(STP)funds for increased transit Medford June 5,2001 service(with RVMPO representatives) Jackson County Board of Discussion of use of Surface Transportation Commissioners June 12,2001 Program(STP)funds for increased transit service 2. Selection of Measures Based on the input received from RVMPO member jurisdictions,the public, DLCD staff and other State and Federal agencies that participated in the development process, seven measures of reduced automobile reliance were adopted as an alternative to the TPR's per capita VMT reduction measure.Each of the seven measures is discussed below in detail. Adopted 5-year benchmarks and 20-year targets for each of the measures are summarized at the beginning of the measure descriptions and again at the end of the chapter in Table B-13. Measure 1: Transit, bicycle and walking mode share As with the per capita VMT reduction measure,this measure is intended to demonstrate a shift in travel behavior away from the automobile. This shift is anticipated to result from the region's planned improvements in the transit,bicycle and pedestrian infrastructure, as well as fi om the implementation of planned Transit-Oriented Developments (TODs).The benchmarks and target for this measure are shown in Table B-3. A three-fold increase in transit mode share(from I%to 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update / Appendix B, Page 3 _l o41k 3%) and a 35%increase in bicycle and walking(non-motorized)mode share(from 8.2%to 11%) have been set as 20-year targets for this measure. Progress on this measure would be determined at 5-year intervals using the best available information at that time.Today's best information source is the RVCOG travel demand model, which can be (and has been)used to predict mode share over the 20-year planning period. Current modeling of the financially constrained RTP indicates that,in 20 years,transit mode share will remain about the same(increase to 1.2%)and bicycling and walking mode share will decrease from 8.2%to 7.7%.This modeling effort assumed that transit service levels will be reduced and that only three of the seven proposed TOD sites will be developed. Conservative assumptions concerning bicycling and walking were also implemented in the model. Given the mode share levels predicted by the RVCOG travel demand model, the benchmarks and target identified for the mode share measure represent significant increases in alternative mode use. It is believed that changes in the urban environment to which the model currently lacks a high degree of sensitivity, such as the development of mixed-use,pedestrian friendly areas,(as described later in this proposal)will result in the higher figures shown in Table B-3. Due to the timing of construction of the mixed-use,pedestrian friendly areas,changes in travel behavior will proceed more slowly in the first 10 years of the planning period than in the final 10 years. Table B3 Adopted 20-Year Target for Mode Share Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 2020 The percent of total daily trips akenbytandlee Measure 1:Transit and ombinatlon %daily trips %daily trips %daily trips %dailytrips %dallytrips lon of of bicycle and icycle/pedestrian Nalking(non-molorized)modes. transit*1.0 (revs((:1.2 Transit:L6 transit:.2 transit:0.0 ode share to(e.g., model output available elped:8. ike/ped:8. bike/ped:8.4 bike/ped:9.8 Ike/ped:11 ata(e.g.,model output andlor ans ovation survey data). Dleasure 2: Percentage of Dwelling Units within '/4-Mile Walking Distance of 3041inute Transit This measure is intended to demonstrate improvements in transit accessibility. A.walking distance of V4 mile from a dwelling is assumed to provide reasonable pedestrian access to a transit line. Only those transit lines that provide at least 30-minute service will be counted towards meeting the benchmarks and target shown in Table B-4. Progress on this measure would be tracked through GIS. A GIS analysis of current tax lot,street,geographic and transit data was used to determine the percentage of dwelling units in the MPO that are within V4 mile walking distance to RVTD transit lines. The result of this effort is shown on a map included as Attachment A—Existing and Future Transit Service. The GIS analysis showed that 12%of dwelling units in the MPO are currently within Y4 mile walking distance to 30-minute transit service. Today, two of RVTD's transit lines provide 30-minute service,one provides 45-minute service, three provide 60-minute service,and one provides 90-minute service.During the 20-year planning period,all of these routes are planned to go to at least 30-minute service frequency with 15-minute service during the peak hours to routes serving TOD areas (assuming increased transit 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B,Page 4 -10�9- revenues). In addition,a large percentage of new development in the RVMPO area is planned to occur along existing or future transit lines. These changes are expected to result in an increase in the transit accessibility measure from 12%to 50% over the 20-year planning period.Table B-4 shows the 5-year benchmarks and 20-year target for the adopted measure. Table B-4 Adopted 2D-Year Tar et for Transit Accessibilit Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 2020 Measure 2: %Dwelling Determined through GIs Units (DUs) mapping.Current estimates are win''/.mile that 12%of DUs are Within Y. 12% 20% 30% 40% 80°/ walk to 30- mile walking distance or RVTD min.transit transit routes. service Measure 3: Percentage of collectors and arterials with bicycle facilities The RVMPO programs projects along collector and arterial streets within the MPO boundaries. Consistent with the TPR,the RVMPO's policy is for these facilities to include bicycle lanes or, in rural areas, shoulders with a width greater than four feet. The measure is intended as a way to track the progress of including these facilities on the MPO's street network and as a way to demonstrate improved accessibility for bicyclists. Progress on this measure would be determined through GIS analysis. 21%of collectors and arterials in the MPO have provisions for cyclists,i.e.,4 foot or greater shoulders or bike lanes. Projects included in the latest Draft RVRTP project listing show that these figures will increase to approximately 60%. Proposed 5-year benchmarks and 20-year targets are shown below in Table B-5. Table B-5 Proposed 20-Year Target for Bic Is Facilities Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 2020 Measure 3: Determined through GIs %Collectors and mapping.Current asUmales are arterials w/bicycle that 21%of collectors and 21% 28% 37% 48% 80% facilities arterials in the MPO have provisions for bicyclists. Measure 4: Percentage of collectors and arterials in TOD areas with sidewalks The RVMPO has identified seven areas that are currently planned for mixed-use, pedestrian friendly development or are in downtown areas(Table B-1). This measure is intended to demonstrate improvements in pedestrian accessibility in these portions of the MPO area- where pedestrian access is most critical. Attachment C -Existing and Future Pedestrian Facilities -shows that 47%of the collectors and arterials in the TOD/Downtown areas of Central Point,Medford,and Phoenix have sidewalks. Analysis of the projects planned in the draft RVRTP Street System (Attachment D),shows that another 29%of these facilities will have sidewalks by the year 2020.This brings the total sidewalk coverage within the TOD/Downtown areas in the MPO to approximately 75%. Proposed 5-year benchmarks and 20-year targets are shown below in Table B-6. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B, Page 5 - 10 so- Table B-6 Adopted 20-Year Target for Pedestrian Facilities Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 2020 Measure 4: Determined through GIs %collectors and mapping.Current estimates are arterials in TOD that 46%of wllectors and 47% 50% 56% 64% 75% areas wl sidewalks arterials in TOD areas have sidewalks. Table B-7 shows how the number of bicycle/pedestrian projects in the draft RVRTP project list compares to all the projects listed in the RTP. All projects are included on the financially constrained(Tier 1)project list. Table B -7-Draft RV Street System Project List Statistics Jurisdiction Total Projects Bike/Pod %BikelPed Bike/Ped Projects Projects Project Costs Jackson County 55 27 49% $22,320,000 Medford 79 15 19% $7,375,000 Central Point 41 9 22% $3,864,000 Phoenix 33 - 26 - 79% $4,004,000 MPO Total 208 77 37% $37,563;000 Measure 5: Percent of New Dwelling Units in Mixed Use/Pedestrian-Friendly Areas and Measure 6: Percent of New Employment in Mixed Use/Pedestrian-Friendly Areas The objective of these measures is to demonstrate progress towards creating mixed use, pedestrian-friendly developments in the MPO. Progress towards meeting the benchmarks and targets for this measure would be determined by monitoring development after the appropriate land use and development regulations have been adopted. Mixed use,pedestrian-friendly development occurring within downtown areas in Medford, Central Point, and Phoenix, as well as within proposed TOD sites,would count towards meeting the benchmark and target figures shown below in Table B-8. The benchmarks and targets shown in the table represent the accumulated development occurring since year 2000. Table B-8 Adopted 20-Year Targets for Mixed-Use Pedestrian friendly Development Measure Now Measured 2000 2005 Benchmark Benchmark Target 2010 2015 -2020 _ Measure 5: Determined by tracking building %Mixed-use DUs in permits-the ratio between new 0% 9% 26% 41% 49% new development DUs In TODs and total new DUs in the region. Measure 6: Estimated from annual %Mixed-use employment files from Stale— employment in new represents the ratio of new 0% 9% 23% 36% 44% development employment In TODs over total regional employment, Tables B-9 and B-10 show mixed-use housing(dwelling unit)and employment projections by RVMPO jurisdiction.Numbers shown in the tables represent the accumulated increase from year 2000"base year"conditions. The unincorporated portion of Jackson County is not anticipated to include any mixed-use development during the planning period. Detailed population, employment,and housing infoTnation from the 2000-2020 RVMPO travel demand model was 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B,Page 6 ` !05l- r used to estimate the figures shown in these tables. Downtown and future TOD areas were analyzed for new dwelling tmits and employment. Agricultural and industrial employment was not included in the calculations due to the unlikelihood of these uses locating in either a downtown or a TOD. Table B-9 Mixed Use Housing Projections—RVMPO Jurisdictions Jurisdiction Category 2005 2010 2015 2020 2020% Medford New DU total 1578 4126 5667 7581 61% Mixed-Use OU 158 1238 2834 4604 New DU total 555 1098 1715 2423 Central Point Mixed-Use DU 55 274 600 945 39% Phoenix New DU total 179 345 514 738 41% Mixed-Use DU 18 103 180 302 New DU total 386 638 930 1225 Jackson County Mixed-Use DU 0 0 0 0 0% MPO Total New DU total 2697 6206 8827 11967 49% Mixed-Use DU 231 1616 3614 5851 Table B-10 Mixed Use Employment Projections—RVMPO Jurisdictions Jurisdiction Category 2005 2010 2015 2020 2020% Medford New Em total 3078 6156 9234 12312 48% Mixed-Use Emp 308 1539 3694 5956 New Em total 405 811 1216 1622 Central Point Mixed-Use Em 41 243 486 778 46% New Em total 165 330 495 660 Phoenix Mixed-Use Em 8 50 99 173 26% New Em total 273 546 820 1093 Jackson County Mixed-Use Em 0 0 0 0 MPO Total p% New Em total 3922 7843 11765 15686 Mixed-Use Em 357 1832 4279 6907 44% RVNIPO Transit-Oriented/Mixed-Use,Pedestrian-Friendly Development (P'or the purposes of this proposal,the term"TOD"is used interchangeably with the"Mixed- Use,Pedestrian Friendly Development"term used in the Transportation Planning Rule(TPR).) Transit-oriented development(TOD)is a way to locate people near transit services while decreasing their dependency on automobiles.While sprawling development patterns necessitate use of automobiles for virtually every trip,TODs-through the creation of higher-density,mixed- use,pedestrian districts - increase the convenience of walking, bicycling, and transit and thereby reduce automobile dependency. In 1999, the RVMPO undertook a Transit-Oriented Design and Transit Corridor Development Strategies Study(TOD Study).The TOD Study outlined recommendations for ten TOD sites in Central Point,Medford, Phoenix,and White City(in unincorporated Jackson County).The study was intended to provide an alternative land use scenario that would bring the MPO into compliance with the TPR's VMT reduction requirement. Although modeling of the TOD Study's recommended land use patterns did not yield the TPR-mandated 5%reduction in VMT per capita,many of the Study's land use recommendations are being implemented. 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B,Page 7 - Mesa-- Ten candidate high-growth areas,previously identified in the 1995 RTP,were analyzed in the TOD Study. Of the original ten TOD sites,three are proceeding towards development,three are undergoing analysis and four have been removed from consideration. The three TOD sites closest to development are the Central Point TOD, the Medford SE Plan, and the Phoenix City Center Plan.The following is a brief summary of the current status of TOD development in the RVMPO. Central Point TOD - Status Central Point completed amendments to its official maps and implementing ordinances establishing.a fully compliant TOD center in the northwest section of the city.Infrastructure needs,particularly transportation,have been thoroughly reviewed. Residential neighborhoods have been constructed in the southern half of the development,with public and commercial phases expected to be developed when a new rail crossing is completed. Medford TOD Development-Status The City of Medford has applied for a TGM grant to implement the four TOD sites under consideration within the City. 'These four sites include Downtown, Southeast, Delta Wafers and West Medford. The City is committed to TOD concepts,and is already working to implement its adopted Southeast Plan, a large development employing Smart Development principles. Phoenix City Center TOD -Status Phoenix has developed a mixed-use plan for the City Center area that incorporates TOD policies and standards consistent with the MPO's TOD Study.The TOD site includes much of the existing downtown area, and the City is committed to urban-centered,pedestrian-friendly growth.The City has conducted a marketing feasibility study for an independently prepared City Center Plan and will adopt amendments to its municipal code that foster transit-oriented development. Measure 7: Alternative Transportation Funding This measure has been developed to demonstrate the RVMPO's commitment to implementing the alternative transportation projects upon which many of the proposed measures rely. Funds made available to the RVMPO through the Surface Transportation Program (STP) are the only funds over which the RVMPO has complete discretion. RVMPO jurisdictions have agreed to direct 50%of this revenue stream, historically used for vehicular capacity expansion projects, towards alternative transportation projects. STP funds would be used to expand transit service, or, if RVTD is successful with a local funding package,to fund bicycle/pedestrian and TOD- development supportive projects. Table B-12 shows adopted 5-year benchmarks and 20-year targets for this measure. Table B-11—Adopted 20-Year Target for Alternative Trans ortation Funding Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 2020 Funding committed to transit or Measure 7: bicycle/pedestrian/r01) Alternative projects.Amounts shown N/A $950000 $25 Million $4 $6.4 , . .3 Million Transportation represent%of the MPO's Million Funding estimated accumulation of discretion funding(STP). .STP mvenae esiimales developed by Oregon Department of r answriation. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B, Page 8 - l053- Without the additional operating revenues provided through this measure(or through some other source), current revenue projections show that RVTD will be required to cut service and eliminate routes in the MPO. The RTP identifies a financially constrained(Tier 1) transit system that provides greatly reduced service in the MPO, along with a"preferred"(Tier 2)transit system,providing several additional routes as well as faster headways. RVTD will be pursuing a local funding package in the near future to finance the Tier 2 transit plan. If voters approve this package, RVTD will not require STP funds in order to cover funding shortfalls. It is therefore proposed that,should RVTD's new fund source become a reality,the STP transit allocation proposed in this measure instead be directed to RTP bicycle/pedestrian projects and projects that facilitate the development of TOD sites. The following list of priorities for STY—firnded transit projects has been developed in consultation with MPO jurisdictions. The list is intended as a starting point for determining how STP funds will be spent by the Rogue Valley Transportation District.Projects are not listed in any particular order. STP Funding Priorities for Rogue Valley Transportation District(RVTD): Central Point RVTD will increase service on Route 40(Central Point) to 30 minute headways and provide service to the TOD site when feasible. Medford RVTD will serve the Southeast Plan Area(Medford TOD)when feasible. Phoenix RVTD will improve transit stops within Phoenix. • RVTD will explore ways to improve Hwy 99 (Main Street)pedestrian crossing to a northbound transit stop, and in the interim, will provide shuttle service for this propose. Jackson County RVTD will increase transit service to kAite City(unincorporated Jackson County). 3. Alternative Measures Summary (Table) Table 13-13 summarizes the seven adopted alternative measures along with 5-year benchmarks and 20-year targets.Five findings based on the requirements of the Transportation Planning Rule's section 660-012-0035(5) conclude the RVMPO's alternative measures proposal. 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B, Page 9 - lo5y-- Table B-12-RVMPO Adopted Alternative Measures for TPR Com liancs Measure How Measured 2000 2005 Benchmark Benchmark Target 2010 2015 . 2020 The percent of total daily trips Measure 1: taken by transit and the %daily trips %daily tips %daily trips %dallytrips dailytrips Transit and combInalon of bicycle and icycle/pedestrian mode /alking(non-motorized)modes. transit:1.0 transit:1.2 transit:1.6 transit: .2 transit:3.0 here to(e. ., from best available Ike/ped:8. dtelped:8. bikelpod:8.4 blke/ped:9.8 Ike/ped:11 ata(e.g.,model output and/or transportation survey data). Measure 2: efennined through GIs mapping. Y.Dwelling Units (DUs) 'urrent estimates are that 12%of 12% 20% 30% 40% 50% !n%mile walk to 30- Us are within''/.mile walking in.transit service Itistance of RVTD transit routes. Measure 3: elermtned through GIs mapping Y.Collectors and urrent estimates are that 21%of rteriats w/bicycle tledors and artedals In the 21% 28% 37% 48% 60% adli0es PO have provisions for clisls. easure 4: etemdned through CIS mapping. %Collectors and unent estimates am that 46%of q7% 50% 56% 64% 75% rtertals In TOD areas (lectors and arterials in TOD v/sidewalks reaa have sidewalks. Measure 5: Determined by tracking building Y.Mixed-use DUs in ermits-the ratio between new 0% 9% 26% 41% 49% ew development DUs in TODs and total new DUs n the region. Measure 5: Estimated from annual „Mixed-use mployment files from State- mptoyment in new apresents the ratio of new 0% 9% 23% 36% 44% evelopment mployment in TODs over total e lonal'am to ent. unding committed to transit or easure 7: Icycle/pedestrianrlOO projects. term.?We mounts shown represent h of WA $950,000 $2.5 Million .$4.3 Million $6.4 Million ransponation Funding funding STP). 4. RVMPO Findings 1. Achieving the targets for the adopted alternative measures will result in a reduction in reliance on automobiles. 2. Achieving the targets for the adopted alternative measures will accomplish a significant increase in the availability and convenience of alternative modes of transportation. 3. Achieving the targets for the adopted alternative measures is likely to result in a significant increase in the share of trips made by alternative modes,including walking, bicycling,and transit. 4. VMT per capita is unlikely to increase by more than 5%. 5. The adopted alternative measures are reasonably related to achieving the goal of reduced reliance on the automobile as described in OAR 660-012-0000. 5. Alternative Measures Implementation Since LCDC's approval of the Alternative Measures, the RVMPO and member jurisdictions have undertaken a number of projects to implement the measures. Several cities are, or are planning to,update Transportation System Plans.Phoenix and Central Point, as this RTP update 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update D ` Appendix B, Page 10 goes to adoption,are revising their zoning ordinances to include conditions that are expected to foster compliance with the measures. Prior to this RTP update two projects have been undertaken by the RVMPO to directly address the commission's conditions: refinement of Alternative Measures 5 and 6; and creation and adoption of an Integrated Land Use Plan(ILUTP). Refinement of Measures 5 and 6 is contained in the following two sections. These sections include a city-by-city report on activities that support the measures.The RVMPO is working with member cities to draft an 1LUPT.The ILUTP work is to be completed by June 2005. Both of these projects address LCDC concerns about Alternative Measure 3 and the need for a safe,convenient network of bicycle facilities within the planning horizon.Bicycle system features addressed in the refinement of Measures 5 and 6 and the ILUTP include bicycle routes on roadways as well as routes off the road system,establishment of connections to key community and regional destinations,and secure bicycle parking. 6- Benchmark status Several Alternative Measures relate to land use and, therefore, are closely linked with work of the RVMPO and member jurisdictions to develop and implement integrated land use and transportation plans. In particular, two measures set benchmarks for the percentage of new dwelling units and employment growth that must occur within compact,mixed-use,pedestrian, and transit-friendly neighborhoods. By 2007,this kind of development must have accounted for 9 percent of development in the RVMPO since 2000. Each of the seven measures has such interval benchmarks standards to gauge the region's progress toward meeting the measure's intended outcome. This memo reports on analysis conducted in summer 2008 into whether the benchmarks are being achieved. It provides RVMPO member jurisdictions with a progress report on the extent to which the region is consistent with the Alternative Measures. This analysis encompasses the entire RVMPO and all seven measures where previous analyses have focused on various RVMPO jurisdictions and a limited number of measures. Appendix C of the 2005 Regional Transportation Plan(RTP) contains discussion of the Alternative Measures and also contains The LCDC Order approving the measures. The "Findings of Fact and Conclusions of Law" regarding the Measures. Conclusion 6.c. states that: "The alternative measures shall be used to measure progress towards achieving reduced automobile reliance unless the adopted MPO plan achieves a 5 percent reduction in VMT per capita within 20 years of the adoption of the plan." Analyses contained in this memo serve to meet this finding_ Summary Findings The analyses described in Ibis memorandum show that the region, for the most part, is meeting or exceeding the Alternative Measures benchmarks. As shown on the summary table on page 2, the only measure the region is failing to meet is transit,bicycle and walking mode share (Measure 1). A significant reduction in transit service in 2006 because of a funding shortfall could be the cause of the ridership decline recorded here. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update --. /o��✓ Appendix B, Page 11 'Table 1,below,shows the degree to which the RVMPO is meeting goals established in the Alternative Measures. The requirements will grow more demanding in the future,which may necessitate adoption of new provisions in local land use codes.. Table B•13: RVMPO Alternative Measures and 2007 Benchmark Anal sis - t3enchmer Benchmark Target Measure . Now Measured 2000 2006. k 2010 2018 2020 The percent of total dally trips taken by transit and %tlally %dally %dally %dally %tlally Measure 1: the combination of trips trips trips trips %dally trips trips Transitand bicycle and walking Mcydelpedest (nonmotorized)modes. rian made Determined from best share available data(e.g.. transit: transit: model output and/or transit:1.0 1.2 0.9 transit:1.6 transit:3.0 transportation survey bikelped: bikelped: bikelped: blkelped: transit:2.2 bikelped:I data). 8.2 8.4 7.3 8.4 1 bikelped: 9.8 1 Measure 2: %Dwelling Determined through GIs Units (DUs) mapping.Current Win%mile estimates are that 34% walk to 30- at DUs are within'/.mile min.transit walking distance of service RVID transit routes. 12% 20% 1 34% 30% 40% 50% Determined through GIs mapping.Current Measure 3: estimates are that 37% %Collectors of collectors and and anenals artedals in the Moo wl bicycle have provisions for facilities bicyclists. 21% 28% 37% 1 37% 48% 1 60% Determined through GIs Measure 4: mapping.Current %Col!ectors estimates are that 56% and arterials In of collectors and TOO areas w/ adedals in TOD areas sidewalks have sidewalks. 47% 50% 55% 56% 64% 75% Determined by tracking Measure 5: building permits-the %Mixed-use ratio between new DUs DUs in new in Tons and total new development DUs in the region. 0% 9% 10% 26% 41% 40% Estimated from annual Measure 6: employment files from %Mixed-use Slate—represents the employment in ratio of new employment new In TODs over total development regional employment. 0% 9% 1 17% 23% 1 36% 44% Funding committed to transit or Measure 7: bicydelpedestrianrl OD projects.Amounts shown represent Y,of the MPO's estimated Alternative accumulation of Transportation dismitonary funding $1.4 Funding STP). NIA $950,000 Million $2.5 Million $4.3 Million $6.4 Million 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update _/ n— Appendix B, Page 12 Table B-13 shows the measures and benchmarks as they were adopted. The "as measured" numbers in the 2007 column are the results of recent measurements made as described in the "How Measured"column of the Table. Through this analysis,staff discovered that almost all benchmarks are being met. Measure 1 is a sticking point and conjecture is that this is mainly due to the Rogue Valley Transit District's(RVTD) ongoing funding problems. Further contributing to this shortfall in meeting benchmarks for Measure 1 is the fact that the valley simply does not experience the congestion levels one might consider necessary in order to get people to abandon their automobiles for the longer commutes associated with transit. The following section contains description of each measure and how the benchmark analysis was performed. AIEASURE l: TRANSIT AND BICYCLE/PEDESTRIAN MODE SHARE Performance here was measured and determined by utilizing the best available data such as model output and/or by researching available transportation survey data. According to Table B- 13 in 2007, .9%of RVMPO daily trips were conducted on the local transit system(Rogue Valley Transportation District—RVTD) and bicycle/pedestrian trips accounted for'7.3%of the total daily trips. This data was acquired by analyzing transportation model output and through analysis of results generated by review of transportation survey results. As can be further seen in Table I, these percentages fall short of measurements taken in similar fashion in 2005. There could be several reasons for this fall in percentages,but as it relates to transit,RVTD has endured some difficult budget times. There have been both route and service cuts making an increased ridership all but impossible to achieve. Reasons for the dip in the bicycle/pedestrian percentages can be tied to the booming economy experienced between 2005 and 2007 when people felt more"cash flush" and opted to drive their cars with little care for gas prices. Vnrile this circumstance has abated since mid-2007,another factor possibly contributing to the lower percentages of bike riding and walking could be the fact that the RVMMPO simply does not experience sufficient amounts of congestion that might force people to decide to leave their cars home and walk or bike to work. As can be seen in Table B-13 , these percentages are needing to be increased in order to meet 2010,2015,and 2020 benchmarks and targets. It is likely that even with RVTD finding being problematic these days that the higher price of gasoline will contribute to an increase in percentage shares of these modes of travel. This thought is supported by a June 22,2008 article in the local Mail Tribune newspaper which detailed a recent increase in RVTD ridership, most likely due to the escalating price of gasoline. The article further noted that ridership could be increased even further with expansion of RVTD service which is a lofty goal in the face of RVTD's current funding and route/service cuts. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update /D� Appendix B, Page 13 MEASURE 2: PERCENT OFDWELLING UNITS WITHIN Y4 MILE WALK OF THIRTY MINUTE TRANSIT SERVICE Results here were measured through Geographic Information System(GIs)mapping software. The data was compiled by utilizing GIs and Jackson County Assessor Tax Codes for(existing) 2008 taxlots to detemtine non-vacant housing in the RVMPO in 2007. The study found that there were 51,883 dwelling units in the RVMPO and that 17,684 of those dwelling units were within X mile of RVTD transit service. In the year 2000,MPO staff measured 12%of all RVMPO dwelling units within the prescribed ''/;mile distance. By 2007, this figure had jumped to 34%, exceeding the established 2010 benchmark of 30%. MEASURE 3:PERCENTAGE OF COLLECTORS/ARTERIALS WITH BICYCLE FACILITIES Results related to this measure were also measured by utilizing GIs software. Through this measurement,RVMPO staff found that 37%,of MPO roadways had bike lanes on at least one side of RVMPO collector and arterial roadways. As measured for 2007, out of a total of 3,866,156 linear feet of collectors and arterials in the MPO, 1,422,583 linear feet, or 37%, were collectors and arterials with bike lanes. The MPO has already attained the 2010 benchmark percentage. For purposes of these analyses, state and city standards for bike facilities may differ. However, if a local jurisdiction considers a facility a bike path,it was counted. Furthermore, if a bike facility met state standards,RVMPO staff counted those facilities as well. MEASURE 4:PERCENTAGE OF COLLECTORS AND ARTERIALS IN TOD AREAS WITH SIDEWALKS For purposes of this entire analysis,not just this specific measure, a TOD area is considered to be one of three things: a transit-oriented development, an activity area, and/or a downtown/central business district. Again, goals established here were measured by utilizing GIs software. In the year 2000,approximately 47% of collector and arterial streets in TODs(Transit Oriented Developments)had sidewalks on at least one side. As measured for 2007, this figure had risen to 55%. In 2007, the RVMPO had 93,925 total linear feet of collectors and arterials in designated TOD areas. Of that total,at least 51,678 linear feet were improved with sidewalks on at least one side. This 55%figure for 2007 is edging extremely close to the 56%benchmark set for 2010. MEASURE 5:PERCENTAGE OF NEfY DWELLING UNITS IN MIXED- USE/PEDESTRIAN-FRIENDI.Y AREAS Measurements here were determined by tracking building permits and comparing the ratio between new dwelling units in TODs (considered a tnixed-land-use overlay)and total new dwelling units in the NiPO. From 2000 through 2007, 8,609 new dwelling units were pemtitted inside the RVMPO boundary. Of those, 863 dwelling units were permitted at a density of 10 units per acre or greater(lot size no larger than 4,356 square feet per unit)within designated TODs, downtowns and activity centers. This represents a figure of 10% in 2007. The 10% 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B, Page 14 -�DSg` figure slightly exceeds the 2005 benchmark,but falls far short of the 2010 benchmark percentage of 26%. It is reasonable to conclude that the 26%benchmark may not be attainable based on past development trends. However, RVMPO staff will continue to monitor the situation. It is conceivable that petrol prices will cause any permits issued to be within established TODs or at least within '/.mile of qualifying commercial buildings. Anticipated dwelling location within these areas could be expected with the rising cost of gasoline. Additionally,smaller lot sizes may become more attractive as the trend toward an aging population continues. MEASURE 6:PERCENTAGE OF NEW EMPLOYMENT IN MIXED-USE/PEDESTRIAN FRIENDLYAREAS Data and measurements here were estimated through review of annual employment files issued from the State of Oregon. The percentages quoted here represent a ratio of new employment in TODs(mixed-use developments)as compared with total new employment in the MPO. According to assumptions contained in the currently adopted Regional Transportation Plan (RTP)for the MPO,a total of 13,256 new jobs were created in the MPO in the period 2000- 2007. Of this total,2,257 jobs have been created in qualified TOD/downtown/activities center locations. The ratio represented here is 17% which is well above the 2005 benchmark of 9% and a little short of the 2010 benchmark of 23%. MEASURE 7:ALTERNATIVE TRANSPORTATION FUNDING This represents funding committed to transit or bicycle/pedestrian/TOD projects. Amounts listed are intended to represent half of the RVMPO's established accumulation of discretionary Surface Transportation Program(STP)funding. As of 2007 this amount was determined to be$1.4 million. The specific sums shown as benchmarks and the target for this measure are estimates based on the best financial forecasts available at the time the measure was adopted(2002). The actual financial commitment of this measure is half of the total STP allocation. The RVMPO has fulfilled this measure by allocating the funding to RVTD for enhanced transit service.The measure calls for the funds to"be used to expand transit service,or, if RVTD is successful with a local funding package, to fund bicycle/pedestrian and TOD-development supportive projects." Table B-14 below sutmnarizes RVMPO funding to RVTD since the measures were acknowleged. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B,Page 15 .Table B-14- RVMPO Funding to RVTD 2002-2012 as of Feb. 18 2009 Ke N —Project Description Year Fund Source RVMPO Share MPO STP Transfer 2002 STP $252022 MPO STP Transfer 2003 STP $368,077 13243 MPO STP Transfer 2004 STP $563,380 13244 MPO STP Transfer 2005 STP $607,439 13365 MPO STP Transfer' 2006 STP $644,533 13366 MPO STP Transfer 2007 STP $593.720 14435 MPO STP Transfer 2008 STP $582,083 14436 MPO STP Transfer 2009 STP $655,926 15661 MPO STP Transfer 2010 STP $666,509 15662 MPO STP Transfer 2011 STP $688,237 New MPO STP Transfer 2012 STP $710,674 New MPO STP Transfer 2013 STP $733,842 Total STP $7,066,442 RVTD Employer Trip Reduction 13546 1 Incentive Programs 2006 CMAQ $59,222 RVTD Rogue Valley TMA 13549 Programs 2006 CMAQ $109,471 RVTD Multi-modal 13552 Enhancement Programs 2006 CMAQ $21,535 RVTD Passenger Information 13554 Systems Programs 2006 CMAQ $325,720 15246 Diesel taus Replacement 2008 CMAQ $1,047,587 RVTD On-board Diagnostic 15666 System-ITS 2011 CMAQ $98,703 Total CMAQ $1,662,238 Totttl STP and CMAQ 2002 to 2013 $8,728,680 Status of RVTD CMAQ-Funded Projects KN 13548-Funds have offset costs for 5 new bus pass programs in 2008.Fund also supports 10%of Nathan Broom's staff position. Approximately$40,000 is remaining. KN 13549-RVTD is looking to partner with the Chamber to create RVTMA. Approximately $60,000 is remaining to fund a portion of Nathan Broom's salary in the current next FY and establish association. KN 13552- Project expected to be complete March 09- One,of Two covered bicycle facility is being installed directly across from the Front Street Transfer Station. Project only covered the cost of one facility and went over budget by about$2,000(pulled from RVTD funds). 'This 2006 MPO STP transfer amount includes$65,000 for the operation of RVTD Route 4 for the month of August 2006. 2009-34 Rogue Valley Regional Transportation Plan,Alternative Measures Update Appendix B, Page 16 KN 13554- RVTD awarded contracting services to JRH in fall 2008 to oversee selection of technologies through installation. Project expected to be completed by the end of 2009. KN 15246- Buses were ordered in 2008 and are expected to arrive July 2009. KN1034-This is a 2011 project and funds are not available yet If it's of any interest,RVTD will be submitting CMAQ applications for the following projects: -Complete the second of the two bicycle parking structures. -Launch a High school Carbon Footprint and Interactive transit education class -Increase headways to 15 min. on Route 10 -Add 2.5 miles of new service area to the East Medford Route -Purchase 3 alt. fuel vehicles -purchase 30 3-bike bike racks for all of fixed-route fleet(possibly covered through stimulus bill) SUMMARY. In conclusion,2007 measurements of the RVMPO's achievements at attaining Alternative Measure goals reveal generally good success. All but one of the 2005 benchmarks have been exceeded and two 2010 benchmarks have already been exceeded or equaled as well. Four other 2010 benchmarks are shown to be attainable. 2009.34 Rogue Valley Regional Transportation Plan,Alternative Measures Update _/ (A�_ Appendix B,Page 17 r<IA4',. i[> .,� �, - J� ro v •tom !: Vii'. rT '% YF.ay a"C r5 n Iki - �{, Lr$'+ 1 � <Y...tM"� yFl.y. L �`/'� ��� fSi l _; � �. w° Y'n ♦ ,4 yfL • ' 6. V�I�t�, v, y 1 I f� `)���lli��F ` _� ���^f5 r 5� Why > �`^' L � aJl' AA- as Al • �TI' �4 jmayy£`) l5 Il,� a� ry I�LF�i. � -..1 ?'J,`�� � � � - r.F1 r r a la ' I ♦ lla ^ a .1 1 ! a' PROPOSED EDITS TO CHAPTERI mmY- RPS Overview Chapter f 6. The Region's jurisdictions will ensure a well connected network of public streets as a means to reduce dependence on state highways for intra-city travel. 7. The Region will facilitate development of a healthy balance of jobs and housing within each of the communities, and will do the same on a regional basis to accommodate needs that cannot be met within Individual communities. Goal 2: Conserve resource and open space lands for their Important economic, cultural, and livability benefits. Guiding Policies: 1. The Region will establish intergovernmental agreements and administer policies and laws that implement the shared vision of maintaining a commercially viable land base for agriculture,forestry and aggregate resources. 2. The Region's jurisdictions will establish and implement uniform standards to buffer resource lands from planned future urbanization. 3. The Region will explore strategies to Increase the viability and profitability of resource lands. 4. The Region will explore incentives and other measures to achieve the long-term preservation of regionally significant open space, including lands located within the designated community buffer areas. Goal 3: Recognize and emphasize the Individual Identity, unique features, and relative competitive advantages and disadvantages of each community within the Region. Guiding Policies: 1. The Region will facilitate and enhance the Individual identity of each community: A) by maintaining buffer areas of rural land between the various cities B) where communities are planned to be contiguous, by establishing distinct design features along transportation corridors that demark the municipal boundaries,or C) by other appropriate means. 2. The Region will facilitate individual community flexibility in the extent of future boundary expansions in order to enhance the implementation of the Regional Goals and Policies. 3. The Region will develop a strategy permitting an unequal distribution of certain land uses among its jurisdictions. 4. In order to facilitate urban growth planning and Goal 14 decisions, the Region will encourage and coordinate the development of Individualized definitions of "livability' for each community based upon Its unique identity and vision of its future urban form and characteristics. 6. PLAN DEVELOPMENT The process of creating a Regional Plan for the Greater Bear Creek Valley was designed to be an iterative process as well as a balancing act between the need to conserve the region's agricultural capability, open space, and individual community identity, and the need to identify lands to meet the future demands for growth. To accomplish this, the region considered a variety of Inputs In Its process of defining the Regional Plan, especially in refining the choices of potential areas to accommodate the projected future growth. The areas proposed to accommodate the projected future growth are referred to as Urban Reserve Areas (URA)and are addressed in detail in Chapters 3 and 4 of this plan. The major inputs considered in defining the Regional Plan; etrategies; agrisuk ; are described below. Regional aa.vmy ��D 1 Regional Plan Page 1.11 JaW cn fa:nh.orepan RPS Overview Chapter 1 6.1 Community Buffering Recommendations Responding to Goals 2 and 3 was the primary responsibility of the pCIC The This resulted in a recommendation of Community Buffer FesfgQnsibilly of the pGIG. The Community Buffers C9SAs were defined as areas between communities that would best serve to preserve the individuality of neighboring communities by perpetuating their actual or perceived separations. Although the idea of encouraging Individual community identity within a process of regionalization can have counterintuitive aspects, the existence and long-term perpetuation of the differences between the communities in the region is central to the strategy of the Greater Bear Creek Valley as a regional community, with Its different cities providing the variety of distinct neighborhoods that give any community(in this case the region)its collective Identify. While a physical separation between communities is not the only or most important indicator of a community's sense of identity, unambiguous borders can be useful in providing a healthy substrate upon which community identity can thrive. For individuals traveling from one city to another, it provides a transition between communities that calls attention to the special characteristics each has_ For residents of a city, it provides an easily identifiable, discreet universe that is wholly and totally separate from others nearby. At the outset of the process of delineating these areas of separation between communities (see Appendix IV for an excerpt from the RIPS Phase 1 Status Report), the members'of the pCIC considered whether to only look at rural lands as community buffers; how large the areas needed to be; whether they were appropriate in all cases, and whether they required special protection beyond their existing county zoning. 19 the Cities, WhiGh WOre Intended to Assist 1 1-6 Of FUFal laAds, they BAGOFAigassed all OF a'FAGG4 Ell' Of the existing;UFal ZONA9 between Cities, and the were applied FA eaGh The pCIC also mad predominantly recommended Community Buffers on rural lands that encompassed all or almost all of the existing rural zoning between cities and were applied in each case of iurisci ctional proximity.The pCIC also made several recommendations for urban buffers, to be located along major transportation routes where city boundaries were contiguous. The urban hi iffers The Community, Buffers recommended by the pCIC are illustrated in Volume II Appendix V of the Plan The primary purpose of the Community Buffers was to assist the cities in locating their proposed Urban Reserve Areas. The Community Buffer areas were areas that were largely avoided by cities during the Urban Reserve Area selection process. Prior to the start of the Jackson County public hearing process As a final element In the consideration the region decided that no additional zoning overlays or restrictions would be applied to these areas. The fact that the Community Buffers were used to guide the Urban Reserve selection Process and that no urban reserves were located within these areas was considered sufficient protection at this time„ although, as disGues eslab!shed as an option for .dual Gilles (in GONURQUOP AVA the r-aunlvl to 'nu.We should very'GAe NFRI pFeleGUen of the QQSAs be of iaterest 61 4Ge iMPOSSIble 10 *MpleMant(the area be DYAh plans by avolding4he a< ha Regional Plan 1(`lY^/ Page 142 Jxxsm Ccunry,Oregon R➢S Overvlew Chapter 1 IRGIUSiOR Of ORY j9NAGank xem Of Urban Fesenoe lands %AA,hin them, although the GAS'Aal buffe Planning GaReam- The sommunity u Ean,A PAIM 1 WhM COW 1.271 8GFO . . - 1.276 arFAS 2.347 aGF68 PhOBRIM1T-819 0- 1,315 8GFOG ,hland. 714AAFAA Flgure-1 A figure-1 5 Fagis Point!White City VVIIte City i Med/AFd GemmunAy E9RlMkllll�y$Uff6F +! r� rc M. " Y ' Regional Plan Page 1-13 Ja�:m ca�q.a<am RPS Overview Pouts 1A 17 Y ti is Regional Plan iS� �♦ F. l� ♦ , ! Page 1-14 RPS Overview Chapter 1 6.2 Regional Land Preservation Strategies Although it was agreed that no additional zoning overlays or restrictions would be applied to the Community Buffer Areas it Is Important to note that the members of the pCIC were not in full agreement on the issue of providing more permanent protection from Iona-term development pressures for.those areas. Some members thought it was critical to provide a guarantee that these areas of separation would have permanence while others considered it sufficient to preserve them for the near future and allow future generations to determine whether it was still in their best Interest to preserve them. It was only later in the process, once the I)CIC disbanded that the Technical Advisory Committee (TAC) revisited the issue. Through the work of a subcommittee the TAC recommended long-term mechanisms of preservation to the Policy Committee. For the Community Buffers located on rural land the preservation mechanism proposed was similar to what is commonly referred to as a Transfer of Development Rlqhts (TDR)program The concept was that owners of land within the rural Community Buffers could voluntarily sell conservation easements and owners of future urban lands would provide the funding for those purchases. The details of this proposal are found in Volume II,Appendix V of the Plan. For the Community Buffers located on urban land the preservation mechanism proposed was to Implement deslan standards that reinforce the perception of transition between one community and another when the physical separation between them no longer existed The details of this proposal are also found in Volume II, Appendix V of the Plan. The strategies recommended by the TAC were approved by the Policy Committee: however, it was decided that these mechanisms should be voluntary, not mandatory, 6.3 Regional Agrlcultural Buffering Standards The regional agricultural buffering standards are a research-based regionally consistent set of standards designed to mitigate negative impacts arising from the Interface between rural and urban uses These standards were developed In 2006 by the RLRC to provide adequate consideration of Potential conflict between existing rural agriculturally zoned lands and proposed urban levels of development These standards will be required to be adopted by each participating city and the County as discussed in Section 3 of this Chapter.The proposed Buffering Standards are as follows- f. Adequate consideration of potential conflict between existing rural agriculturally zoned lands and proposed urban levels of development Is necessary durinq development assessment Significant conflict is assumed to be likely In all cases where urbanization is proposed within 500 feet of Class I - IV rural agricultural land. In addition some lesser level of conflict Is assumed possible within the next 500 feet from the urban/rural boundary. Agricultural buffers that are appropriate to the realities of the region will not be successful in completely negating these potential conflicts but can lessen their severity, frequency, and negative impact on both agriculture and urban quality of life 2. Those individuals seeking to buy, rent or lease urban properties within 1,000 feet of rural agricultural land should be informed in writing of the consequences of being located within a"rural agricultural impact zone." 3. Local or regional Iona-range Planning should avoid as far as Is practicable locating urban sensitive receptors, primarily residential development in proximity to rural agricultural land. Where urban sensitive receptors must be located near rural agricultural land buffering mechanisms should be used to minimize potential conflicts. 4. The central concept In buffering is adequate separation between conflicting uses There are a number of strategies for achieving this separation through planning dec(sions and the use of planning controls: • A well-designed vegetative buffering element will reduce the amount of land required for an effective buffer. • Man-made or natural features should be Incorporated in buffers whenever possible G•.s.er+P W vaey Regional Plan "" Q Page 1-15 Ja wncwmn.orison RPS overview Chapter 1 such as Infrastructure rights-of-way, roads non-residential structures watercourses wetlands,ridge lines.rock outcrops.forested areas,and steep slopes A buffer area can provide public open space or purpose-designed buffer areas(public recreatlonal/natural areas) if the location Is appropriate for salisfvina a portion of the community's open space needs the use of the buffer area as nubile open space is compatible with adloininq uses the buffer area is not the communitvs principle omider of 'recreational opportunities, and the impacts from the adloininq rural agricultural use do not overly restrict the planned recreational use of the open space. Existing areas of rural residential zoning can provide the rectulred bufferinq If and when the rural residential lots Provide a minimum of 200 ft. of separation between the urbanizing and rural agricultural land. • Exisling small-acreage farms(5 acres or less)can orovide the required buffering if and when the small acreage farms provide at least 200 ft of separation between the nearest farmahle land (including animal-enclosures) on the small-acreage farm land and the nearest planned urban sensitive receptor. The owners of these small-acreage farms must agree to the use of their properly as a buffering mechanism. There is a publicly owned right of way that could be incorporated as part of the buffer. 5. It is unreasonable for now urban uses to require a modification of rural agricultural activities practiced accordlno to recognized industry standards, especially if those modifications would hamper efficient rural agricultural operations. The existing use has precedence. 6. Buffering mechanisms should be provided/funded by the proponent of the urban development. The buffering mechanisms will be physically located entirely on the urbanized property, unless: -1herie is a publicly owned right of way that could be incorporated as part of the buffer; • there is a naturally occurring area on the rural agricultural land that is permanently Incapable of being farmed (rock formation riparian area etc.) is of sufficient depth, and Is contiguous with the border of the urbanizing land or a publicly owned right of way; • the proponent of development purchases from the farm owner an easement on agricultural land of the appropriate lenoth and depth and pays for the establishment of whatever vegetative buffer, fencing or irrigation system that would have been reguired on the urbanizing land or • title to the area providing the ohvsical portion of the buffer is transferred to the farm being buffered. If a vegetative buffer is indicated, it is installed by the developer. Whether a vegetative buffer is installed or not the buffer is henceforth the responsibility of the farmer, and must be maintained as a buffer as long as the property remains zoned for resource use. 7. The buffering mechanisms must be included in the development application and must be approved by the city before or concurrent with final approval for the development Project. 8. The city Is responsible for enforcing compliance with all matters pertaining to the Implementation of planned and approved bufferinq plans. The city shall permit developers flexibility in scheduling the establishment of the approved buffering mechanisms due to factors such as water availability, weather, and general logistics, although the buffer plan shall establish a seguencinq of buffer mechanism implementation that demonstrates completion Prior to either final plat sign off or—for larger lot buffers and In the event no land division occurs—final building inspection GnYr Bw U•N Ytlly Regional Plan OIL)- page 1-16 AacRamce ty.oregm RPS Overview Chapter 1 9. Although flexibility in the nature and design of buffering mechanisms can be provided for in the event of significant localized circumstances. customized (flexed) buffer designs must be at least as effective as the buffering options established herein. Proposed flexed buffer designs must be clearly Justified,with the burden of proof being on the proponent of urban development to show that the flexed buffer design will not reduce the intended level of protection. 10. Class i - IV rural agricultural land is presumed to be of"high potential impact"due to the fact that It can be and often is used for a wide variety of different rural agricultural uses, and because new and as vet unforeseen uses and practices are likely to surface in the future. Therefore these,rural agricultural lands are assumed to require buffering mechanisms that mitigate the most likely high impact rural agricultural land use regardless of present use. The only exception to this would be those Class I - IV rural agricultural lands that have a long and essentially unbroken history of rural agricultural inactivity or grazing use. These, as well as all Class VI rural agricultural lands, would be considered of"low Potential impact". 11. To mitigate a reduction of overall residential densities resulting from urban land dedicated to buffering mechanisms a city shall permit the proponent of urban development to maintain planned densities through lot size averaging clustering planned development criteria, or similar techniques. The objective is to maintain minimum density across the development. 12. Where conflicts already exist between rural agricultural and urban land uses mechanisms including mediation, source controls and public outreach are encouraged The complete document containing the standards is located In Volume II Appendix 111 of this Plan— Agricultural Buffering Standards-Establishino Effective Buffers Between Rural Agricultural and Urban Uses(June 6. 2006). 6,4 Commercial Agricultural Land Base Recommendations Consistent with the RPS statute, the major focus of the RLRC was to provide expert advice on proposed conversions of resource land to urban uses. This process was divided into two phases: an initial phase, which was used to provide guidance to cities from a I " larger perspective (and which took its direction from the goals of the i process, rather than the RPS statute); and a second phase, . which and with statutory - —� .• requirements by providing an in- depth analysis of every proposed urban reserve that included agricultural land. GrWaBw pwYV�br Regional Plan Jachsot Cawly,Orcgm PROPOSED EDITS TO CHAPTER 3 rova- Urban Reserve Selection Process chapter 3 (A) has an urban reserve area that contains at least a twenty-year reserve of land and that has been acknowledged to comply with OAR chapter 660,division 21;or (B) is part of a regional growth plan that contains at least a twenty-year regional urban reserve of land beyond the land contained within the collective urban growth boundaries of the participating cities, and that has been acknowledged through the process prescribed for Regional Problem Solving in ORS 197.652 through 197.658; then any division of rural residential land in that reserve area shall be done In accordance with the acknowledged urban reserve ordinances or acknowledged regional growth plan. (c) Notwithstanding the provisions of section (7) of this rule, If any part of a lot or parcel to be divided is less than one mile from an Urban growth boundary for a city or urban area listed in subsection (8)(a), and if that city or urban area does not have an urban reserve area acknowledged to comply with OAR chapter 660, division 21, or is not part of on acknowledged regional growth plan as described in subsection (b), paragraph (8), of this section, the minimum area of any new lot or parcel there shall be ten acres. Currently the cities of Ashland, Medford, and Central Point are regulated by OAR 860-004- 0040. As such, land within 1 mile of the Urban Growth Boundary of each of those cities currently has a 10 minimum lot size restriction placed upon it. This is often referred as an Urban Fringe. Consistent with the Rule, the Urban Fringe for Ashland. Medford and Central Point will be replaced by the provisions in the RPS Plan and the associated Urban Reserve Management Agreements. req will be Feplased by the requir e"we Area through this -minimum--lot-size requirement-will-remain, N a C.e..aeG«�vaw ��D• /�� Regional Plan / Page 3-20 PROPOSED EDITS TO CHAPTERS oy- Chapter 5 Monitoring and Implementation Chapter 1 of this plan outlined the Problem Statements Goals. and Policies developed through this process as required by the Regional Problem Solvino (RPS) Statute These Problem Statements Goals, and Policies were used to provide guidance for decision-making Throughout the development of this regional plan Chapter 2 addressed one of the maior inputs considered in defining the Regional Plan Regional Growth Planning Chapter 3 Identified the methodology and process for establishlng the proposed Urban Reserve Areas as well as the implications of Urhan Reserve establlshment Chapter 4 then provided specifics regarding the individual cities choices for proposed Urban Reserve Areas. This Chapter contains the remaining items required for consistency with the RPS statute specifically ORS 197.656. These items are consistent wilh those contained in the Participants Agreement as required by the RPS statute, and will be implemented through amendments to the County's and each participating cities' comprehensive Plans land use ordinances and associated Urban Growth Management Agreements. Oregon Revised Statute 197 656 provides that the commission may acknowledge amendments to comprehensive plans and land use regulation, or new land use regulations that do not fully comply with the rules of the commission that implement the statewide Planning goals without taking an exception upon a determination that the regional problem solving process has included agreement among the participants on: (A)Regional goals for resolution of each regional problem that is the subiect of the process (6) Ontional technioues to achieve the goals for each regional problem that is the subject of the process (C)Measurable indicators of performance toward achievement of the goals for each regional problem that is tho subloct of the process (0)A system of incentives and disincentives to encourage successful implementation of the technioues chosen by the participants to achieve the coals (E)A system for monitoring progress toward achievement of the goals•and (F)A process for correction of the technioues if monitoring indicates that tho tochniquas are not achieving the goafs:and Regional Plan ` Page s., Jxescn Cony.oregm Monitoring and Implementation Chapters 1. RPS IMPLEMENTATION TECHNIQUES—ORS 197.656(2)(b)(A)&(B) 1.1 Optional Implementation Techniques ORS 197 656(2)(b)(A) & (B) require that an RPS process must contain regional goals to resolvo identified problems as well as optional technioues to achieve the stated goals This section reiterates the roble s and goals, discussed in detail in Chapter 1 of the Regional Plan and specifies the optional techniques used to achieve the stated goals 1.1.1 Problem No. 1.Lack of a Mechanism for Coordinated Regional Growth Planninq Goal No. 1.Manage Future Regional Growth for the Greater Public Good 1.1.1.1 Coordinated Periodic Review. On a regular basis every 10 years starting In 2022, the participating jurisdictions in the Plan may, at their discretion participate in a process of coordinated Periodic Review This process may be Initiated by any of the participating iurisdictions but requires agreement between ell participants to proceed. This technique is found in Section 4 of this Chaoter and is given effect upon adoption of the Regional Plan. If this technique is executed it will occur as a future action following Regional Plan adoption 1.1.1.2 Regional Plan Progress Report. On a regular basis, every 5 years starting in 2017, ail participating lurisdictions shall participate in a regular Regional Plan review process. Jackson County shall initiate the Regional Plan review process by providing notice of the Regional Plan review to each participant and requiring that each participant submit a self-evaluation monitoring report addressing compliance with the performance indicators set out in Section 3 of this Chapter of the Plan to the County within 60 days after the date of the notice. This echnigue is found in Section 4 of this Chapter and is given effect upon adoption.of the Regional Plan. Execution of the technique will occur as a future action following plan adoption. 1.1.1.3 Population Allocation. The County's Population Element shall be undated per statute to be consistent with the gradual implementation of the adopled Plan If changes occur during the update of the County's Population Element that result in substantially different population allocations for theparticipsting lurisdictions of this Regional Plan then the Plan shall be amended according to Section 5 of this Chapter of the Plan. The technique is found in Section 2 of this Chaoter. The Regional Plan executes this stralegy by extending the existing 000ulation allocations in the Jackson County Comprehensive Plan Population Element that end in 2040 oul to the RPS Planninn Horizon for participating iurisdictlons This is discussed further in Chapter 2 of this Plan 1.1.1.4 Greater Coordination with the RVMPO. The participating lurisdictions shall collaborate with the Roque Valley Metropolitan Organization (RVMPO) to Prepare the Conceptual Transportation Plans identified in Section 2.7 Designate and protect the transportation infrastructure reaulred in the Conceptual Transportation Plans identified in Section 2.7 to ensure adequate transportation connectivity, multimodal use. and minimize right of way costs Regional Plan Page 5.2 Jad,son Caunry.Oreem Monitoring and Implementation Chapter 5 Plan and coordinate the regionally significant transportation strategies critica to the success of the adopted Regional Plan including the development of mechanisms to preserve r/ahts-of-way for the transportation infrastructure identified In the ConCePWI Transportation Plans; and Establish a means of providing supplemental transportation funding to mitigate impacts arising from future growth. The technioue is found in Section 2 of this Chaoter and is given effect upon adoption of the Regional Plan. 1.1.1,5 Future Coordination with the RVCOG The participating jurisdictions shall collaborate with the Rogue Valley Council of Governments on future regional Planning that assists the vartl&afino iurisdictions in complying with the Regional Plan performance indicators This includes cooperation in a region wide conceptual planning orocess if funding is secured. The technique is found in Section 2 of this Chapter and Is given effect upon adoption of the Regional Plan 1.1.2 Problem No. 2 Loss of Valuable Farm and Forest Land Caused by Urban Expansion Goal No 2 Conserve resource and open space lands for thelr important economic cultural, and livability benefits 1.1.2.1 Long-Range Urban Reserves. The establishment of Urban Reserves sufficient to serve the doubling of the Region's urban population will allow Iona-term production decisions to be made on agricultural land not included in urban reserves. The Regional Plan executes this technique directly by astablishing Urban Reserves for the oarticipating lurisdlctions These reserves are discussed in Chapters 3 and 4 of this Plan 1.1.2.2 Actricuirwral Buffaring. Participating iurlsdictions designating Urban Reserve Areas shall adopt the Regional Agricultural Buffering program in Volume 2 Appendix lit into their Comprehensive Plans as part of the adoption of the Regional Plan. The agricultural buffering standards In Volume 2 Appendix I!! shall be adopted into their land development codes prior to a UGB amendment. This technique Is found in Section 2 of this Chapter and is executed after adoption of the Regional Plan through local land development ordinance amendments consistent with the program in Volume 2 Appendix III of the Reoional Plan. 1.1.2.3 Regional Land Preservation Strategies. Participating iurisdictions have the option of implementing the Community Buffer preservation strategies listed in Volume 2 Appendix V of the Regional Plan or other strategies to preserve land as they develop, This roblem solving technique is supported but not independently established by the Regional Plan.The Regional Plan establishes a framework that participants may undertake for land preservation as part of future preservation efforts. The strategies are outlined in Volume 2 Appendix V of awve..<n.�vcy ...// /^fn Regional Plan ! /� Page 5-3 ���ca,mr.o,ayon Monitoring and Implementation Chapter 5 this Plan. 1.1.3 Problem No.3. Loss of Community Identity Goal No. 3. Recognize and emphaslze the individual identity, unique features, and relative competitive advantages and disadvantages of each community within the Reglon. 1.1.3.1 Community Buffers. The establishment of Urban Reserves outside of the areas of critical oven space provides for a basic level of oreservalion for the Region's important areas of community separation. The Regional Plan executes this technique directly by establishing Urban Reserves for the participating jurisdictions which do not include areas identified as a Community Buffer, 1.1.3.2 Allocating to Competftive Advantages. The Region agrees to a distribution of the calculated need of residential and employment lands anionq the Implementing Signatories necessary to support a regional doubling of the population. This distribution, which depends on a number of factors that relate to the comparative strengths and weaknesses of Implementing Signatories, allows each community to develop its own balance of viability and individuality within the larger regional matrix. This technique is implemented directly by the Regional Plan. This technique refines the regional growth planning into growth planning for population and employment for the indlvidual participants according to the particular characteristics of the individual cities. The lechnioue then extends this growth planing to land need for these Individual growth planning activities. 1.1.3.3 Regional Land Preservation Strategies. Participating jurisdictions have the option of lmaementing the Community Buffer preservation strategies listed!n Volume 2. Appendix V of the 'Regional Plan or other strategies to preserve land as they develop. This problem solving technique is supported but not independently established by the Regional Plan The Regional Plan establishes a framework that participants rney undertake for land preservation as part of future preservation efforts. The strategies are outlined in Volume 2. Appendix V of this Plan. 2, PERFORMANCE INDICATORS—ORS 197.666(2)(b)fC) To effectuate the Regional Plan, Jackson County shall adopt the Renional Plan in its entirety into the County Comprehensive Plan. The Participating cities then shall incorporate the portions of the Regional Plan that are applicable to each individual city into that city's comprehensive plan and implementing ordinances and shall reference the Plan as an adopted element of Jackson County's Comorehensive Plan After the County and all parllcipatlng cities have completed the adoptions the amendments must be submitted to the State of Oregon Department of Land Conservation and Development for acknowledgement by the Land Conservation and Development Commission Only after acknowledgement does the Regional Plan become effective. e,uw e..cT.rv.•..r Regional Plan ! ^ Page 64 Jadsan CwntY.O.rym Monitoring and Implementation Chapter 5 Progress following the acknowledgement of the Greater Bear Creek Vall v Regional Plan by the State of Oregon will be measured against a number of performance indicators to determine the level of compliance by Participating jurisdictions with the Plan or the need to refine or amend it The measurable Performance indicators listed below are those identified as necessary for the acknowledgement of thg Elan and as appropriate for monitoring compliance with the Plan. 2.1 Jackson County shall adopt the Regional Plan in its entirety into the County Comprehensive Plan and implementing ordinance 2.2 All participating Jurisdictions shall incorporate the portions of the Regional Plan that are applicable to each individual city into that city's comprehensive plan and implementing ordinances and will reference the Plan as an adopted element of Jackson County's Comprehensive Plan. 2.3 Urban Reserve Management Anreement Participating Jurisdictions designating an Urban Reserve Area (URA) shall adopt an Urban Reserve Management Agreement (URMA) between the indlvldual city and Jackson County per Oregon Administrative Rule 660-021- 0050.Adoption shall occur prior to or simultaneously with adoption of the URAs 2.4 Urban Growth Boundary Management Agreement. If there is an inconsistency between this Plan an adopted Urban Growth Boundary Management Agreement (UGBMA) the city and Jackson County shall adopt a revised UGBMA When an inconsistency arises provisions in this Plan and associated URMA shall override the provisions in the UGBMA, until the UGBMA Is updated. 2.5 Committed Residential Densitv: Land within a URA and land currently within an Urban Growth Boundary(UGB) but outside of the existing City Limit shall be built at a minimum to the following residential densities This requirement can be offset by increasing the residential density in the City Llmit Dwelling Units �i y Pe Goss era Central Point 6.9 Eagle Point 6.5 Medford 6.5 Phoenix 6.6 Talent 6.6 2.5.1 Prior to annexation. each city shall establish (or, If they exist already, shall adiust) minimum densities in each of Its residential zones such that if all areas build out to the minimum allowed the committed densities shall be met.This shall be made a condition of approval of a UGB amendment 2.6 Mixed-UselPedostrian-Friendly Areas. For land within a URA and for land currently within a UGB but outside of the existing City Limit each city shall achieve the 2020 benchmark targets for the number of dwelling units (Alternative Measure #5) and employment (Alternative Measure #S) in mlxed-use/pedestrian-friendly areas as established in the 2009 Regional Transportation Plan (RTP) or most recently adopted RTP Beyond the year 2020 cities shall continue to achieve the 2020 benchmark targets or if additional benchmark years are established, titles shall achieve the targets corresponding with the applicable benchmarks Measurement and definition of qualified development shall be in accordance with adopted RTP methodology. The requirement is considered met if the city or the reoion overall is achieving the targets or minimum qualifi cations,whichever is greater. This requirement can be Reg/oval Plan Pape 53 Jadsc�Ca.mY,O:epm Monitoring and lmplomentaffon Chapter 5 offset by increasing the percentage of dwelling units and/or employment in the City Limit 2.7 Conceptual Transportation Plans. Conceptual Transportation Plans shall be prepared early enough In the planning and development 'cycle that the identified regionally significant transportation corridors within each of the URAs can be protected as cost-effectively as possible by available strategies and funding. A Conceptual Transportation Plan for a URA or ePpropriate portion of a URA shall be Prepared by the City in collaboration with the Rogue Valley Metropolitan Planning Organization Jackson County, and other affected agencies and shall be adopted by Jackson County and the respective city prior to or in conlunction with a UGB amendment within that URA 2.7,1 Transportation Infrastructure. The Conceptual Transportation Plan shall identify a general network of regionally significant arterials under local jurisdiction and associated Projects to provide mobility throughout the Region. 2.8 Conceptual Land Use Plans.A proposal for a UGB Amendment into a designated URA shall include a Conceotual Land Use Plan prepared by the City in collaboration with the Rogue Valley Metropolitan Planning Organization, Jackson County, and other affected agencies for the area Proposed to be added to the UGB as follows' 2.8.1 Target Residential Density The Conceotual Land Use Plan shall Drovide sufficient information to demonstrate how the residential densities of Section 2.5 above will be met at full build-out of the area added through the UGB amendment 2.8.2 Land Use Distribution. The Conceptual Land Use Plan shall indicate how the proposal is consistent with the general distribution of land uses in the Regional Plan especially where a specific set of land uses were part of the rationale for designating land which wps determined by the Resource Lands Review Committee to be commercial agricultural land as Part of a URA.This applies to the following URAs: CP-1 B GP-1 G CP-4D CP-6A CP-28 MD-4 MO-6 MD-7mid MD-7n PH-2 TA-2 TA-4 2.8.3 Transportation Infrastructure The Conceptual Land Use Plan shall include the transportation infrastructure required in Section 2.7 above 2.8.4 Mixed Use/Pedestrian Friendly Areas. The Conceptual Land Use Plan shall provide sufficient information to demonstrate how the commitments of Section 2.6 above will be met at full build-out of the area added through the UGB amendment 2,9 The following conditions apply to specific Urban Reserve Areas: 2.9.1 CP-1B. Prior to the expansion of the Central Point Urban Growth Boundary into the CP-1B area ODOT Jackson County and Central Point shall adopt an Interchange Area Management Plan 1IAMPl for the Seven Oaks Interchange Area 2.9.2 CP-4D. Use of CP-4D is predominantly restricted to open space and park land with the exception of an existing one acre homesite 2.9.3 CP-6B. Development of the Portion of CP-6B designated as employment land is restricted to Institutional uses. 2.9.4 EP-1A. Development of EP-1A is restricted to Light Industrial uses 2.9.5 MD-6 Prior to incorporation into the Urban Growth Boundary, a properly line adjustment or land division (shall b/ee) completed for Tax Lots 38-1W-06.2600 and Gnu auGrY VrYry 'l V�tJ Regional Plan Page 5-6 J.k,o Cwnly.Oregm Monitoring and Implementation Chapter S 381 W06-100 so that the tax lot lines coincide with the proposed Urban Growth Boundary. 2.9.6 TA-1. Development of TA-1 Is restricted to use as a school or a park/open space/recreational area. 2.9.7 TA-4. Development on the portion of TA-4 east of the railroad shall be restricted to industrial uses. 2.10 Agricultural Buffering. Participating jurisdictions designating Urban Reserve Areas shall adopt the Regional Agricultural Buffering program in Volume 2 Appendix III into their Comprehensive Plans as part of the adoption of the Regional Plan. The anricultural buffering standards in Volume 2 Appendix III shall be adopted Into their land development codes orior to a UGB amendment. 2.11 Regional Land Preservation Strategies. Participating iurisdictions have the option of Implementing the Community Buffer preservation strategies listed in Volume 2 Appendix V of the Regional Plan or other land preservation strategies as they develop 2.12 Housing Strategies. Participating iurisdictions shall create regional housing strategies that strongly encourage a range of housing types throughout the region within 5 years of acknowledgement of the RPS Plan. 2,13 Urban Growth Boundary Amendment. Pursuant to ORS 197.298 and Oregon Administrative Rule 660-021-0060 URAs designated In the Regional Plan are the first oriority lands used for a UGB amendment by participating cities. 2.13.1 Land outside of a cltVs URA shall not be added to a UGB unless the general use intended for that land cannot be accommodated on any of the cltVs URA land or UGB and .. 2.14 Land Division Restrictions In addition to the provisions of Oregon Administrative Rule 660- 021-0040. the followino apply to lots or parcels which are located within a URA until they are annexed Into a city: 2.14.1 The minimum lot size shall be ten acres: 2.14.2 Development on newly created residentially zoned lots or parcels shall be clustered to ensure efficient future urban development and public facilities and this shall be a condition of any land division 2.14.3 Land divisions shall be required to include the ore-platting of future lots or parcels based on recommendations made by the city government to which the urban reserve belongs: 2.14.4 Land divisions within a URA shall not be in conflict with the transportation Infrastructure identified in an adopted Conceptual Transportation Plan:and 2.14.5 As a condition of land division approval a deed declaration shall be signed and recorded that recognizes public facilities and services will be limited as appropriate to a rural area and Iransilioned to urban providers in accordance with the adopted URMA. 2.15 Rural Residential Rule Until the City of Ashland adopts an Urban Reserve Area the Regions!Plan ` nose o-7 Jackson County,arrym Monitoring and Implementation - Chapters minimum lot size for properties within 1 mile of the Urban Growth Boundary of Ashland shall continue to be 10 acres.as outlined In Orenon Administrative Rule 680-004-0040(8)(c) 2.16 Population Allocation The County's Population Element shall be undated per statute to be consistent with the gradual implementation of the adopted Plan If changes occur during the update of the County's Population Element that result in substantially different population allocations (or the participating iurisdictions of this Regional Plan then the Plan shall be - amended according to Section 5 of this Chapter of the Plan 2.17 Greater Coordination with the RVMPO. The participating iurisdictions shall collaborate with the Roque Valley Metropolitan Organization(RVMPO)to 2.17.1 Prepare the Conceptual Transportation Plans identified in Section 2.7. 2.`17.2 Designate and protect the transportation infrastructure reouired in the Conceptual Transportation Plans identified in Section 2.7 to ensure adequate transportation cconnectivity, multimodal use and minimize right of waV costs 2.17.3 Plan and coordinate the regionally significant transportation strategies critical to the success of the adopted Regional Plan including the development of mechanisms to preserve rights-of-way for the transportation infrastructure identified in the Conceptual Transportation Plans- and 2.17.4 Establish a means of Providing supplemental transoortation funding to- mitigate Impacts arising from future growth 2.18 Future Coordination with the RVCOG The participating iurisdictions shall collaborate with the Roque Valley Council of Governments on future regional planning that assists the participating Jurisdictions in complying with the Regional Plan performance indicators This includes c000eratlon in a region-wide conceptual planning process if funding is secured 3. INCENTIVES AND DISINCENTIVES—ORS 197 656(2)(b)(D) The state requires that participants in an RPS process delineate the factors mechanisms or outcomes that constitute the most compelling reasons for participants to comply with the Regional Plan over the identified Planning horizon Accordingly, the Participants have agreed to the followim INCENTIVES: 3.1 Continued regional cooperation through the 10-year review process and coordinated periodic review may improve the region's ability to respond to challenges and opportunities more effectively than It does presently, 3.2 Adherence to the adopted Regional Plan may provide the region with a competitive advantage. Increase the attractiveness of the region to long-term investment and Improve southern Oregon's profile in the state 3.3 Adherence to the adopted Regional Plan may produce significant reductions in transportation infrastructure costs by minimizing future right-of-way acouisition costs encouraging mixed- uselpedestrian friendly development and improving the overall long-range coordination of transportation and land use planning 3.4 Adherence to the adopted Regional Plan will provide Participating iurisdictions with population G..B...G_kvo, -L osa-- Regional-Plan Page 6-0 J"O,Canny,oreq. Monitoring and Implementation Chapter 5 allocations that are Predictable transparent and based on the relative strengths of the different participating iurisdiclions. 3.5 The adopted Regional Plan offers compelling regional lustifications and state agency supoort for Tolo and the South Valley Employment Center that may not have been available to an individual city proposal. 3.6 Adherence to the adopted Regional Plan will permit iurisdictions to Implement the flexibility Provided by the concept of the "Regional CommunitV' in which cities in the role of"regional neighborhoods° enjov wide latitude in their particular mix concentration and intensity of land uses as lonq as the sum of the regional parts contributes to a viable balance of land uses that is functionaf and attractive to residents and employers and in compliance with statewide goals. DISINCENTIVES: 3.7 the region's failure to adhere to the adopted Regional Plan may damage its competitive advantage the attractiveness of the region to long-term investment and southern Oregon's profile in the state. 3.8 Adherence to the Regional plan may be a rating factor for MPO Transportation Funding Transportation projects of iurisdiclions not adhering to the adopted Regional Plan may be assigned a lower priority by the MPO when considered for funding 3.9 Jackson County may reconsider the population allocations of jurisdictions signatory to the Agreement not adhering to the adopted Reglonal Plan 3.10 Participating iurisdiclions not adhering to the adopted Reglonal Plan will need to provide corrective measures in order to have a UGB amendment approved by the County. 3.11 The failure of a participating lurisdiction to adhere to the adopted Regional Plan will compromise its ability to implement the concept of the "Regional CommunitJ' and will not provide the participating cities with as wide a latitude In their desired Individual mix concentration.and intensity of land uses. 4. MONITORING—ORS197.656(2)(b)(E) 4.1 Monitoring Participating iurisdictlons shall maintain a monitoring system to ensure compliance with the Regional Plan and future amendments Specific indicators against which Performance will be fudged are listed in Section 2 of this Chapter. Monitoring to ensure compliance with the adopted Regional Plan will he a shared responsibllity. 4.1.1 Regional Plan Progress Report On a regular basis beginning in 2017 and every 5 years thereafter. all DarticlDating jurisdictions shall participate in a regular Regional Plan review Process Jackson County shall initiate the Regional Plan review process by providing notice of the Reglonal Plan review to each Participant and requiring that each participant submit a self-evaluation monitoring report addressing compliance with the performance indicators set out in Section 2 of this Chapter of the Regional Plan to the County within 60 days after the date of the notice A_standardized format for the review and report shall be developed by Jackson County and agreed upon by the jurisdictions The reports shall Include descriptions of their ReglRegi. 9� onalal Plan oVl, r,9e 5.9 J:�cwnry.o„ym Monitoring and Implementation Chapter 5 jurisdiction's activities Pertinent to the Regional Plan for the precedinq five-year period analysis as to whether and how well those activities meet each of the performance indicators and a proiection of activities for the next five-year period Jackson County will distribute these monitoring reports to all participants and make them available to the public. 4.2 Coordinated Periodic Review. On a regular basis beginning in 2022 and every 10 years thereafter the participating iurisdictions in the Regional Plan may at their discretlon participate in a process of coordinated Periodic Review This process may be Initiated by any of the Participating lurisdictions but requires agreement between all participants to proceed 5. CORRECTIVE MEASURES AND PLAN ADJUSTMENTS—ORS197.656(2)(b)(F) 5.1 Corrective Measures. 5.1.1 j_f_a Reglonal Plan Progress Report indicates that a particular city is not meeting the verformance measures the city shall propose corrective measures as an addendum to the Regional Plan Progress Report The corrective measures shall be approved by the Policy Committee. 5.1.2 Cities that choose to expand their UGBs into land not designated as a URA will be required to ao through the Regional Plan minor or major amendment Process prior to or concurrent with any other process 5.1.3 If land outside of a URA is included in a UGB while URA land remains available to that city, an eduivalent amount of land shall be removed from the remaining URA land Land removed shall be of equal or higher priority in relation to the land Included Additionally, if land determined part of the region's commercial anricultural base by the RLRC Is included the land removed shall also be land with that designation (If available), 5.1.4 A proposal for an UGB amendment will be required to demonstrate how the Regional Plan performance Indicators have been met A UGB amendment will not be approved by the County unl9ss the Regional Plan performance indicators have been met or corrective measures are proposed which demonstrate how the performance indicators will be met. 5.1.5 Approval of a UGB amendment shall be subiect to the condition that it be zoned and developed in a manner consistent with the Conceptual Land Use Plan submitted in the UGB amendment proposal. After the UGB Amendment has been approved all subsequent Comprehensive Plan Amendments by a city to amend land uses which will result in an inconsistency with the Conceptual Land Use Plan shall be reviewed modified as appropriate and approved by the county prior to development The amendment shall be processed as a Type 4 permit 5.1.6 A UGB amendment to add land not desionated as a URA shall only be considered through a quaskludicial application when the land to be added is industrial 5.2 Regional Plan Amendments. 5.2.1 Regional Plan Amendment Responsibility. Processing amendments to the adopted Regional Plan shall be the responsibility of Jackson County, and shall only be GnJV BrvCnr�vY�y � /DC/�,� Regional Plan L a Page 5-10 Jeck�on CountY.Orym Monitoring and Implementation chapfor 5 Proposed by the governing authority of a participating jurisdiction. In acknowledoement of the collaborative orocess by which the adopted Regional Plan was created. Jackson County shall have available the assistance of the participating iurisdiclions through a Technical Advisory Committee and Policy Committee. Both committees serve on an as-needed basis and both serve in an advisory capacity to Jackson County as follows: 5.2.1.1 Technical Advisory Committee The TAC shall be comprised of planners and senior-level staff from signatory jurisdictions and agencies and each signatory shall have one vote, irrespective of the number of participating representatives. Recommendations to the Policy Committee or directly to Jackson County shall be made by at least a suoermaiorily vote (simple maiority plus one)of a quorum of signatory jurisdictions and agencies 5.2.1.2 Policy Committee. The Policy Committee shall be comprised of elected officials or executive staff from signatory jurisdictions and agencies. Each signatory jurisdiction shall designate a voting and alternate voting member and each signatory Iurisdiction will have one vote Recommendations to Jackson County shall be made by at least a suoermaiorily vote (simple majority plus one)of a quorum of jurisdictions State agencies the MPO and Roque Valley Sewer Services while Signatories shall not be voting members of the Policy Committee, 5.2.2 Regional Plan Amendment Type. When an amendment to the adopted Regional Plan is Proposed Jackson County shall make a preliminary determination regarding whether the proposed amendment is a Minor Amendment or Major Amendment as defined below, shall notify signatory jurisdictions and affected agencies of the County's preliminary determination and shall solicit input. Based on Its preliminary determination and input received Jackson County shall revi w the Proposed amendment according to the procedures for Minor Amendments or Major Amendments set out below. Proposed amendments to the adopted Regional Plan shall adhere to the following provisions: 5.2.3 Minor Amendment. A minor amendment is defined as any request for an amendment to the adopted Regional Plan that does not conflict with the Performance Indicators and does not propose an addition of more than 50. acres to a cllVs URA established in the adopted Regional Plan or more than a 50-acre expansion of the UGB into non-URA land. In the case of Ashland, which did not establish a URA during the development of the Regional Plan process, a proposal to establish a URA or expand its UGB of not more than 50 acres shall be considered a minor amendment. Should a city exceed its limit of 50 acres for adding to its URAs during the Planning Horizon for the Regional Plan it may not use the minor amendment orocess for further additions to its URA Should a city exceed its limit of 50 acres for expanding its UGB into non-URA land during the planning horizon it may not use the minor amendment orocess for further expansions of Its UGB Into non-URA land Any participant Iurisdiction may initiate a minor amendment to the adopted Regional Plan The oroposinq jurisdiction must clearly identify the nature of the minor amendment, and specify whether the minor amendmenl would require any other signatory Iurisdiction to amend its comprehensive plan. Should any signatorV iurisdiiccttion other than the proposing Iurisdiction and Regional Plan Page S-tt JaWSm Canty,Orrym Monitoring and Implementation Chapter S Jackson County be required to amend their comprehensive plans as a result of the proposed minor amendment, the affected signatory jurisdiction shall be a party to the minor amendment proceeding. Jackson County's process and the proposing jurisdiction's process for a minor amendment to the Regional Plan shall be equivalent to the state and IOcal processes required for a comprehensive plan amendment. Signatories and agencies shall be provided with notice of the CountV's and Proposing iurisdiclion's final decision on each minor amendment within We working days of the adoption of the final decision. 5.2.4 Major Amendment. A major amendment is defined as any requested amendment to the adopted Regional Plan that does not meet the definition of a Minor Amendment. If multiple signatory iurisdictions are Involved in a single request for a major amendment, a lead jurisdiction shall be selected by the affected iurisdictions. Notice containing a detailed description of the pr000sed change shall be forwarded by Jackson County to all signatories and affected agencles. Staff from signatory jurisdictions and agencles shall meet as a Technical Advisory Committee and generate a recommendation to the Policy Committee by vote of at least a suoermaiority of a quorum (simole maiorily plus one). Decislon-makers from signatory Iurisdictions and agencies shall meet as a Policy Committee and consider the proposal and the Technical Advisory Committee recommendation. The Policy Committee shall generate a recommendation to Jackson County by vote of at least a suoermaiority of a quorum(simole maiority plus one). Should an existing city or a newly Incorporated city desire to become a iarticipatinq lurisdiction increased population shall be added to the regional protected populatlon adequate to accommodate the protected population growth of the newly Incorporated city for the remainder of the Planning Horizon for the Regional Plan. The addition of a newly incorporated city to She Regional Plan, the establishment of Urban Reserve Areas and other such actions shall be accomplished through the malor amendment process. Jackson Countys Process, and the Proposing jurisdiction's Process. for a minor or maior amendment to the Regional Plan shall be equivalent to the state and local required process for a comprehensive plan amendment. In addition to the Regional Plan-specific provisions. Signatories and affected agencies shall be provided with notice of the final decision on each major or minor amendment within five working days of the adoption of the final decision. Jurisdictions or agencies shall be noticed according to Figure 5.1. o+.•e e.+rn«vra Regional Plan ' ��a (p Page 5-12 JaM wcowy.oflgM Monitoring and Implementation Chapter 5 Figure 5.1 JURISDICTIONS AND AGENCIES TO RECEIVE NOTIFICATION OF PROPOSED AMENDMENTS TO THE ADOPTED REGIONAL PLAN '- Jurladlollon or Agency Ro In As.Weeded City of Eagle Point X City of X Clty of Medford X City of Phoenix X City of Talent X City of Ashland X Oregon Department of Transoorlation X Oregon Department of Land Conservation and Development -X Oregon Department of Environmental Quality X Oregon Economic and Community Development Department X_ Oregon Department of Agriculture X Oregon Housing and Community Development Department X_ Roque Valley MelropQjjjan Planning Organization X Roque Valley Sewer Services X Medford Water Commission X Roque Valley Council of Governments X City of Jacksonville X Oregon Department of Fish and Wildlife x Division of State Lands X Rogue Valley Transit District X Ashland School District#5 x Central Point School District#6 Jackson County S h of District#9 Medford School District 549C X Phoenix-Talent School District#4 X Eagle Point Irrigation District Medford Irrigation District x Roque Valley Irrigation District X Talent Irrigation District X Jackson Soil and Water Conservation District X Ghaplef 1 of this plan Owilined !he Problem Stalements. Goals, and Pandas developed thF ough this preces&-ae-re Statements, heals, and Regional Ulan G/ C][1 vage 5.13 Jaduon counN•oreg� Monitoring and Implementation Chapter 5 FGgiGFIal$Ia . eet I COMMUNITY BUFFER STRATEGY 1-1. NIF&AGA of GonseFvatwon Easements �N�N3R-12666N9-AiAatr UhAl were not iA full agree iient oR the issue ef-p;�wid'Rg the GOFARWRAY bUffOFS MGFe pemanent praledion. e !het he {heal--teF4hB--[yea y-tom address—'he buffeF iswe, the TAG tesematended a loRq term mechanim of pFaseFyaIlen to !he Poky Committee RIF21 GFReal-epe to close-to-the EteFiagGonGepts-- ot-a-veluatay pre9ra his RPS The 4h --RaFal G SA Te wnwide for le Vail stmteffyZeta" CIi..hie In.+Ae• Th.. aj ela6w6 IaAd8 a h' �t� � and 69...11....ef anwwy 1 2009, At a minimum, ffils program Would impact the aGreagn dadigaied to FerWaRtIal .� pt Th'6 ..ha I1 ! h pufshase t .hose sasBmw4s would be pkjFGhased by all Iand6 (;eceking areas) added 4) a Gily WGI3, OF established as part a! an 61wiw BYVCxsY V�1q � �D(,A� Regional Plan d lAl rage s.,, JausmI nty,Orcgan Monhorrng and lmplementadon Chapter 5 X{bIlIty-by alloW F)}4 1.1 2- Urban COS Strategy y-Details 1 a Of b p�epossd in the Regien Ban -design-st3 44.1 Blended COS.A. Wbt6b-is Fl 4ar4o4bege81-ef ePMOM Ogat(Isaat AAGUgh 10 d;Gta' )4s urban InvenleFy. The Strategy-Details geAeFate SUffiGIOAt AR68MOAtS jQ KGWGI the COSA's Bend Fig arems- 1heR !he same areas eligible I REGIONAI ACZRlCUI butter' uges These stAndards were r .S 86-disGImsed an Section 3 of this ChaMeF.The proposed SuffeFing Sfaridwds we as fellows, 1 Adequate GGAG d6fation of potential GenfiiGl between 8XISOA9 FUFal agNGUAUFally zoned lands and irk elopm n! conflIG! is assumed la be likely in A Gases %YheFe WFb9AiZ@IiGFI IS A Regional Plan lan a Page 5.15 Jackson COUnO'•Oeegm Monitoring and Implementation Chapter reprtate ufban qua!ty at life. I Those indi,Adjair Seeking tq buy. rent, oF lease uFban e6—w;Wn—'m,1 468E-6{-iHFe� a k+xal land: I sadists planning cantre4s • as eHesH Ve JIHeF: Man-made OF nAt"PAI fQAt"Fes euld--be- eFated wetlands sldgeak+ ssq stapes: Gampalible with adjoining uws, the b64fer area 'A net the GAFAFAIJA 1506 PFIAGiple Pfavider 4 use oiiHe-epee apace Identia ef,. e�aedldeadoas would hasprecedance, The-buffering •—ihereis.ap IncapsWs of being faFFAsd(FOGI(fOFMat On,ApaFiall Wee. 010.). iS Of FwffiGlenl depth,and is 18nd Of e a9 vegetative Regional Plan ` �l Page 5-16 Je9eo+Count',Orryon Monitoring and Implementation Chapter 5 a W69. 4"1 6tabNs" even! of Bignifogant walized GkoumtaflGes, customized (flexed) bUffeF deSIOAS FRWSt he at leas Gleagy tho-bu that IhA flexed b6iffer desAgA will not FaduGe the intended level of proieufien; 40 GIASS 1 1%.4 f6ral a@F;E;UltWFal and is presumed to be of"high the fAGt thp r)isms-that FA ligate-the--azest 11koly high irnpac! rural agr1rwituFal land UGG, Fe@EiFdless of pFasept wso. The only exnepkl; to th6s 'yn-Ad hA these Class I V PjFal agricultural lands thal haVS a 'ORO and Assepti.4, FUFal ag&6111wal lands,would be considered of'IE)w paten�= !I. planned densities throueh lot size avaFaging, G'W6t8FiR@, planned.development criterha, Of SjM'!aF leskRiy •°c.Th9 s 1-2. '.AlhAFA GARMCAS already exist between Fural agFiGultuFal and UFban land uses, meGhanisms Uses-(June-tip 2999). 3. PERrORMANCEINDICAT-ORS Ongoing PAGAAGFiliq of pFogFess following the Signing a Participants'Agreement will lal(B PlaGe OA F;Rq the adopled Plan. -- , 2. On a regulaf basis, 5 .--F6 Molting In 2015, M ignatDF186 to the Agreement vAll paFtFG pate in the regular R89101181 Plan FSV;eW PFGGess. jaGksoR GOURty shall initiale the Regional Plan Feview-pr-oGess by sag Rol uisiR GreYn B✓Crtek V�aY Regional Plan —` P.,.5.17 Jatl�spi CvnIY.Oregm Monitoring and Implementation Chapter 5 Seefion 10 PaFkipAt Aq 61§88 W 11 inGorporate the portjot;6 of jhe Regional Plan that are appliGable lo plaRs and implementing ordinanGes, GINes wHI adopt at least the foil b) G) agrIcullural buff nd easy 4, SiqAaIG �,jurisdk4ia UGB-expansie a UG@-expansion, YAII adGpted Regional Plan, especially whets a speGifiG saj Qf land uses wape paFt ()f a wban-reserver implAmAntation of the adopted Plan. tg4iaa resewes Inte n n.rorarnrec AND-DISINCENTAIES - plaR over the Wen!fled-pkinA4Kj4io4zon-. oW i- Continued--FeV 9sal GOOPOF40A through the 10 Y88F F6VI8W PFQGeGG. perindiG Feview may improve the bi. G,+ry Ban Onl Vls, ' �VRegional Plan � 9 rage sae Jads County,O'egen Monitoring and Implementation Chapters Ike-nver21 rON, ands 6, .,o�^adapt *stemily of land uses, as long as !he sum of the regional PaAS GOMF hUIPA tO R ViAhIA balanGe-ef-1 I& 4. --Eit'AA that-che r w �• l may damage A Gompefitive TranspGAalleA pre}eGI the AgreemenFnet 5.—Jtxisdisl' lseaes-ever meditiGatiea m-tke-adepted-ol- eement-taWfe-to W 'PAP18FABAt !he caRGept of !he "Regional GommunitV', and will net previde the- fu staadPFdg In Sestien year period. WAAOFing to OASUFO GOFAP'iaAGe wilh!he adopted Plan will be a ShaFed Fesp cr.areu,uwvy 2 Regional Plan Vr Page 5-19 Jackson Cwnn.O,eyon Manitoring and Implemeniaflon Chapter b scorporaled Wo As Gemprehensive plan. jaGksof; Geupty, which m4ll have the full adepted PIGA oAly be proposed by the goveming awthOF JUFi6diCAiGn. 11 knowledge eel of 1e GO'labWative PFOGS66 by whigh the adqpted Plwi war,Gmaled,jaokegs County will have avaWAWA the f aqeWes, aAd each sigmaiory will have oF;e veto, IFF@rp6GtIV9 Of!he I;UMb8F of paoiGipafin . wil✓--he-mad e bY a! Wagl A SUPeFfAaiGFIIY V916 (rimple majgFity P1616 ORB) of attending 6igna!GfyjWiSCA6(IBps and"agene ea. Pg4isy 6OFFIFR fee a1 JAcksop County will be made by a! leas! a 6upeFFRajE)Fity YNe (simple majeFlty PIUS GR9) 0 88. WhOR QR Qrae;;d.FAeA! to !he adopted Regional Plan ws proposed, jackson-�'�- � determinalion, jaGk6en County will review the propeGed amendment acGeFdIng to We p;ocAd-res f49 e /\fel adopted RegiWal PIaA; and b)--daeB FieF ._ I Ur RdIclion May FAIner PrAAndmqnt to !he adopted Plan. The Regional Plan Page s20 JaWm County,Oregm Monitoring and lmplementatlon Chapter 5 nar jaG eR6FV6 plan aFReAdFAORI adoption of lh640a��, B) Major AmendmaM A Ali�GF arnendwve���esled arnendrwl to the adopted Plan that does Rot e recommAndglion to IaGksnn 0%ply by vote of a! leas! a supaFmajeFRy of thoso-p;4&&" (simple FnNorily plus QAe); Signalor 96 aAd afloGted aqeRoies shall be provided with notice of the f Fini deeig-on an BaGh major oF m;ror amAndment ivithin five working days ol the adoption of the imal dOGiAIGA JLJRISDIC-TtONS-ANDAGENCIES-TO e • • • •• D-AMENDMENT-6--FO-T-HE-AI)OP-TED PLAN Reutlne' As=Aleeded Git�ef-t;2gle Reim X 6 FY ef�saVal Feint x Cit" Medteai x Gity� % City-�enE % — x — x X X X aroavaesu..�vuy � Reglonal Plan 45 Page 5-21 Jackm Caunly,Oiegm Monitoring and Implementation Chapter 5 OmOOR Roque Valley MetFOpol4aA44anA4wj-Q;q"7Al;nn x x x Rogue Valley SeWeF SSFY;GOS x x x 614j�-0�2G�Cb8RVIµB �1( x x x A x x x x x G x x Jsl x his Regional Rail W salve ig ARAGGiAlled lh8FRte-1a4¢lsmenlat(en AqFeemsAl (RPSA) found in Wo"Ang 2 nf thii3 WaFi. The pwblem stalem8ni, @660e sled goal and eNhrouga!he plan. s Rlas Wins ler PubY&4oG4 nl lmnlumn..Inlelinn Tn.,6nim .. SG.49df-119 9f Fog of the 'plan. TW Fogiona4y GOOFdWated P"dig Re��w %Q begin in X142�, %W# lake plaoe 9;", 19 years, and w4l a 7 h186ABrdN187Bd,Q6is- e . "i.aw-prOG"s but it Gntiv BU drtVtl'y Reglonal Plan - !(�Le� Page 5-22 a.,k CavetY•olegm Monitoring and Implementation Chapter 5 6986-RBt-nia amending fhe--024� 3)__Gaardl Popula 9ra an6 1 P4aI- 4) Great . plan and- W9ik-W b AS PFOhlew Ala.-F—L on QnVoRW LAplemantat an T GhRiGue , 1) Long Range Wban Reserves, The es4abfigh.p4ant of 1. At to SeAv 2) Regional ASFIGUItUFal Buffering StandaMs. hnpleFAenling Signate4es MY apply the adopted P4an�s Be! of This RO&Aal PaF� Regional Plan Page&23 J]WSM Cauaq.Oream Monitoring and Implementation Chapter 5 APPOnd4m V Of WO Regional Plan are a�,a#abls as an option to Signa", jwisgi�Wns ",At9sdiG69n, and rw;�-he refined or expanded as 6p28B edt"Red in,this shapiw sheV& W77hlR-fi79-ReQfe!} . Oeliena"molemea{ai as�eshaieue6= open 4spaGa provides fox-a-basit; level of ieq-fer-tbe- Gommum4,separation. The Regional Plan exenwes th;A !eGhnique diFeGtly by establishing Urban RagsP,AA feF the paftipatinqjurisdiGfions which do-at nG'-IliPAFAA,RldnniifledasGrit!Ga!ePen6pa6e. 2) All esatc"40-Cempetit neGossafy to This-te6haigae-164mple then Oxtends this 9FOIA4h PjaAAIAq tQ land ROSA fQF IhGGA lAdIvidual 9FGA4h planning nnthAlles. 2) CF! aiJahle�s�ra-eptiorfit inferasteA-in--turiHer-a aryAtnadki'94, and may be;vAna Gf"expanded, ThIS PFObIOFR RGIWn9 WGhAqUO 16 6UPP 10; 6PeslGs open 5pase pie6eiva Regional Plan (IJ/ �u P.g.5-24 Jx4son CwOIY•O'e9m 9 PROPOSED EDITS TO APPENDIX V m49- Regional Land Preservation Strategies Of the pCIC's community buffering recommendations for rural buffers only one has proven Impossible to implement (the area between Medford and Phoenix) Every other community buffer has been successfully incorporated into the cities'long range growth plans by avolding the Inclusion of any significant areas of urban reserve lands within them although the original buffer between Medford and Jacksonville was reduced when the RPS study area was finalized to extend only as far west as the eastern boundary of the Jackson County/Jacksonville Area of Mutual Planning Concern The community buffers represent .slgnifleant agreement by cities with the oCIC's recommendations and the prolect's Goals 2 and 3. The final recommended rural buffers Include a total of almost 7,000 acres distributed as follows: E e o` hite`Cliv— 1,271 acres White City/Medford— 1,276 acres Medford/Jacdcsonville— 2,347 acres Afi. Phoenix/Talent 1,315 acres Talent/Ashland— 711 acres It should be noted that although the City of Jacksonville lies outside the regional plan area the need to preserve the rural separation area between it and the City of Medford is an important consideration in the valley. Figures 1 through 5 show the locations of the Community Buffers: Fioyrb l FiAvre 2 Eagle Point/White City White City/Medford Community Buffer Community Buffer 1:15i f � l e ?;.;pu..� ��♦ ill. x•t kiy r�;�#.. , - � 1 OD- Figure 3 Figure Medford /Jacksonville Phoenix i Talent Community Buffer Community Buffer 1 a � - Figure 5 Talent/Ashland Community Buffer t. �a afi � V BACKGROUND The preservation of important open space in the Greater Bear Creek Valley Is one of the priorities of the Regional Problem Solving process, and is established as such in the project's Goals and Policies: Goal 2: Conserve resource and open space lands for their Important economic, cultural, and livability benefits. Policy#4 The region will explore incentives and other measures to achieve the long-term preservation of regionally significant open space, including lands within the designated community buffer areas. Goal 3: Recognize and emphasize the Individual identity, unique features, and relative competitive advantages and disadvantages of each community within the region. Policy #1 The region will facilitate and enhance the individual identity of each community by A) maintaining buffer areas of rural land between the various cities; B) where communities are planned to be contiguous, by establishing distinct design features along transportation corridors that demark the municipal boundaries; or C)by other appropriate means. During the first two years of the RPS process, the Citizen Involvement Committee worked to identify the region's most important open space, and, as part of that process, mapped a number of "community buffers", rural lands between cities, that were considered crucial in preventing cities In the valley from eventually growing into one another(as exists in the shared boundary between Medford and Central Point). Cities, in forming their proposals for urban reserves, attempted to avoid placing potential urban reserves on most of these areas of open space value. Nonetheless, the present reality of Measure 37 claims, the facts that EFU zoning itself is less than 50 years old, and the realization that the simple state of not being part of an urban reserve area under RPS gives no absolute guarantee that rural lands will not eventually develop under some future scenario, especially over the next three to four decades, have encouraged the RPS process to look at incentives mechanisms that could ensure the long-term protection of important open space lands. Below are the strategies recommended out of committee. STRATEGY OVERVIEW There are three categories of COSA's identified under this overall strategy — Rural, Urban, and Blended. 1) Rural COSA To provide for long-term preservation of important open space areas in the Greater Bear Creek Valley, all lands (receiving areas) added to a city UGB, or established as part of an urban reserve after January 1, 2007, must provide, as a condition of annexation, a set minimum acreage of conservation easements purchased from rural lands within the RIPS planning area (sending areas). The ratio of sending easement acres to receiving acres will vary by city depending on different prioritization factors, and the price of the easements will be determined by the market place. Strategy Details Eligible lands: There are two major classes of lands under this strategy— receiving and sending. The receiving areas are those lands added to a city's UGB (or included in an urban reserve) after January 1, 2008. At a minimum, this program would impact the acreage dedicated to residential uses, but each city could also include, at its discretion, commercial and Industrial acreages. The sending areas Include rural lands inside the RPS planning area with more than 2 acres of undeveloped land. Ratios: Although the relative priorities of sending areas will be established regionally, each city will be responsible for setting the ratio of sending acres to receiving acres. The ratios established will depend on a number of factors, including size, attributes, and proximity to urban land. Sending parcels of high value or desirability could be set at fractions of one acre (say a tenth of a sending acre to one growth acre), while significantly less important parcels could be at multiples (five acres of sending acres to one growth acre). As an example, land within the recommended pCIC buffer areas could be the first tier of priority lands, EFU lands proximate to these areas could be the second, and resource lands on the edges of the region could be the third. Price: The price of conservation easements will be determined by the market. The health of the market in easements, measured as a function of their availability and cost, will be monitored under RPS on a periodic basis. Flexibility: If deemed appropriate by the annexing city and the proponent of development, all or part of the easement requirement may be replaced by an affordable housing guarantee. The proponent of development must come to agreement with the city on the percentage of affordable housing being guaranteed, as well as provide its clear definition of affordable housing. In no case will that definition include a design that does not ensure at least 30 years of affordability. 21 Urban COSA To provide for a recognizable transition between contiguous urbanized areas. The design standards to create the urban COSA would be applied to urban land along major transportation corridors. Strategy Details Eligible lands: Existing or planned contiguous areas of urban land between jurisdictions. As proposed In the Regional Plan, these are lands between Phoenix and Medford, and between Central Point and Medford. Master Plan: To create an urban COSA, the affected jurisdictions would collaboralively identify, plan, finance, and Implement the recommended design standards through a mutually-adopted refinement plan addressing the urban or parkway design of the separating transportation corridors. 3) Blended COSA To provide for flexibility in situations in which neither a rural nor urban COSA would be the most appropriate choice. Although the primary focus of a blended COSA is on preservation of key open space as the predominant and driving planning focus, which is similar to the goal of the rural COSA, there is also a component of residential/commercial development significant enough to dictate the inclusion of the entire blended COSA in the city's urban Inventory. The primary advantage of the blended COSA is the ability to provide for an optimal level of residentiallcommercial development, while also preserving key open space values. llD �- Strategy Details Eligible lands: urban reserves with key open space value, or with importance as a preservation area to facilitate regional infrastructure needs. Designated lands must be protected by a master plan that can only be approved and modified by regional agreement. Master Plan: The blended COSA area will function as a microcosm of the rural COSA strategy (above). The portions of the blended COSA designated in the master plan as residential/commercial development is required to function as receiving areas to protect the sending areas within that same mixed use area. In the event that the receiving areas within the blended COSA cannot generate sufficient easements to protect the COSA's sending areas, then the same areas eligible for use as receiving areas per the rural uses strategy would be used to protect the blended COSA's sending areas. Within some single large properties, the sending and receiving areas may be located on the same parcel. rro�� Population Letter from Commissioner Jack Walker November 4, 2010 i i Board of Commissioners Dave Glhnou,.M.D. (541)774-6117 JACKSONCOUNTY Dennis C.W Smith (541)774-6119 pp lack Walker (541)774-6118 s D Y ` g 0 n 10 dfmd Oregon.Room 214 MedforJ,Oregon 97501 November 4, 2010 RECEIVED John Stromberg, Maym NOV O 5 7"10 City of Ashland ; 20 East Main Street � Ashland, Or 97520 Dear Mayor Stromberg: As you are aware, the Regional Problem Solving (RPS) plan is proceeding through the formal land use process and is currently being heard by. the Jackson County Planning Commission. During the Planning Commission phase of the public process, the RPS participating cities agreed to provide Jackson County with a resolution supporting the RPS plan and/or requesting amendments to the plan. Jackson County received the City of Ashland's Resolution No. 2010-21 ...-_rEgardingthr—City's-recommended amendments to the RPS plan. The focus of this letter pertains to the requested amendment regarding the City's population allocati6n. The City has requested that both the RPS Plan and the Population Element of the County's Comprehensive Plan be amended to provide the City with a greater population rate (1.06% to 2040 and 0.91% to 2060) and thus a larger distribution of the overall County population. This change to the plan will require the County to open the Population Element of the County's Comprehensive Plan under the larger umbrella of the RPS plan process; the RPS plan and the Population Element changes will be procedurally tied together. In an effort to continue the collaboration present throughout the RPS process, the County is willing to amend both the RPS Plan and the Population Element to accommodate the City's request. The success of the RPS plan is very important to Jackson County and the Cities of Talent, Phoenix, Medford, Central Point, Eagle Point and we believe, to the City of Ashland as well: If the Population Element can be amended in a manner that is supported not only by those jurisdictions participating in RPS but all of the incorporated Cities in Jackson County, we would likely move forward through the amendment process. However, should amending the Population Element become an issue for any City within Jackson County regardless of their participation in RPS or it appears that there is a high probability of third-party litigation, the County will likely withdraw the amendment. The County would then resort back to the original timefi-ame for updating the Population Element, which is 2012. Sincerely, Jack Walker, Chair Jackson County Planning Staff Recommended Revisions February 16, 2011 DEVELOPMENT SERVICES JACKSON MEMO Josh LOBombaer Senlo7 Planner COUNTY V 0 Soule rd.OR 97501 1 ii Medford,OR eAve. Phone:(541)7746944 O r e g o n Fax:(541)7746791 lebambjm@jacksoncounty.ory TO: Jackson County Planning Commission FROM: Josh LeBombard; Senior Planner SUBJECT: Additional Amendments to Draft RPS Plan-Proposed by Staff DATE: February 16, 2011 In an attempt to minimize the amount of amendments that occur to the Draft RPS Plan in the final deliberations by your Commission, staff would like to enter the following additional amendments into the record at this time. U�Jdate to the Jackson County Population Element As discussed previously, the Jackson County Board of Commissioners has expressed a willingness to entertain an update of the Population Element in order to provide the City of Ashland with additional population, if the update does not pose a substantial risk to the RPS Plan. The Population Element was acknowledged by DLCD on March 6, 2007. The figure below illustrates the acknowledged population allocations as depicted in Table 6 of the Element. Table 6.Population allocation and projected growth rates for Incorporated cities, White City,and unincorporated areas of Jackson County,2005-2040 Change 2005 to 2026 'Change 200a to 2040 2008 2026 Percent - Percent POP, POP. 2040 Pop. Difference change AAGR Di ference change AAGR x ion - 2088 ,3 , .,6 1 d3 Tb 2176 % y dune F91L5 445 552 - 560 107 24% 1.03% 135 30% 0.76% Central Point 16,640 23,875 31,237 8,235 63% 2.03% 15,597 100% 2.00% Eagle Point 7,585 16,964 21,449 9,379 124% 391% 13.864 111% 3.01% n Gold Hill 1,080 1,476 1,901 396 37% 1.50% 621 76% 1.63% Jacksonville 2,490 3,397 4,383 907 36% 1.49°k 1,893 76% 1.63% `NQ� Medford 1 70,665 111,025 133,397 40.170 57% 216% 62,542 88% 1.82% Phoenix 4,660 6,675 8032 2,015 43% 1.73% 3,372 72°.6 1:97% Rogue River 1,995 2,642 3,137 647 27% 1.16% 1,142 57% 1.30% Shady Cove 2,645 3,594 3,867 949 36% .1.47% 1,222 46% I.D9% Talent 6,255 8,472 9,017 2,217 35% 1.45% 3,562 57% 1.30% i while city 7,500 11,424 19,090 3,924 52% 202% 6,590 75% 1.60% Applegate 27 37 43 10 36% 1.47% 16 67% 1.31% Ruch 376 511 593 135 36% 1.47% 216 57% 131% ' O0lsrunln 62002 51657 51837 -524 -1% -0.05% -244 0% -0.01% F o a oumy 194, 16 264,419 306,421 69. 3G55 .4 % 111,906 58°k .31% Source:2005 PoWiaton estimates from Portland Stale unNersky Center hat Population Research;2005 white City poputation 0e0131e atom the Med ordwaler Commbslon;2005 Applegate and RUSK Populatbn estsn3te9 based on J3CX%On Canty Buildable Lands Inventory and avom9e household Size tR 43ck6011 County accordant to Ire 2005 U.S.Cereus American Households emvy, . Galcufatc4w b7 ECOAOmmear, Additional Amendments to Draft RPS Plan-Proposed by Staff Page 2 Traditionally, an update to a Population Element would occur decennially following the release of new U.S. Census population data. The U.S. Census data is used as the base data for population planning and is supplemented by additional data from the Oregon Office of Economic Analysis (OEA),the Research Center at Portland State University,and other sources.The Jackson County Population Element currently contains an Implementation Strategy which speaks to this: Review and update as necessary the population data and the Population Element of the Comprehensive Plan, when the 2090 Census data is available and thereafter as ordered by the Planning Commissioners or Board of Commissioners as new United States Census information, becomes available and State of Oregon forecast studies become available. The 2010 U.S. Census data for population will not become available until 2012. Since the OEA uses U.S. Census data to produce long-term projections for the counties within Oregon, new long-term projections will not be available until after the Census data becomes available. The City of Ashland provided documentation to your Commission illustrating different population projection iterations which occurred during the Population Element update process of 2006-2007, This documentation is in the form of letters from ECONorthwest (the consultant) to Melissa Anderson (staff planner at the County). What is illustrated by these letters is that between June 12, 2006 and June 21, 2006, the horizon of the Population Element was shortened from 2056 to 2040 and the population projection allocated to the City of Ashland was substantially reduced as follows: • Letter dated May 23, 2006 provided Ashland with a 1.06%Average Annual Growth Rate (AAGR)from 2005-2026 and an AAGR of 0.91%from 2005-2056 (page 872 of Record). • Letter dated June 12, 2006 provided Ashland with the same AAGR as the May 23, 2006 letter(page 876 of Record). • June 21, 2006 provided Ashland with a 0.32% AAGR from 2005-2026 and an AAGR of 0.28% from 2005-2040(page 884 of Record). While the City of Ashland did not voice opposition to the adjusted population projection and did not appeal the decision, the City is now requesting that they be allocated a population projection more in-line with what was allocated to them prior to the letter of June 21, 2006. They have requested a 1.06%AAGR from 2005-2040 and 0.91%AAGR from 2005-2060. For the purposes of the Population Element,vie will only be discussing the allocation out to 2040, the horizon year -of the Element. The City has supplied population data in an attempt to justify the requested population. This data is attached as Exhibit 1.What this data suggests is that the AAGR originally proposed for the City in the Population Element update process of 2006-2007 is more consistent with the actual population growth the City has been experiencing. This is also substantiated in Table 5 of the Population Element (shown below). Additional Amendments to Draft RPS Plan-Proposed by Staff Page 3 Table 5. Compound growth rates, Jackson County and cities, 1980.2005 s o• s Bo• ' 2006 1990 2000 2006 Jackson County 1.55% 1.01% 2.1'6% 1-42°h +` Ashland 1.35% 0.83% '1.86% 1.35% Butte Falls 0.16% -5.16% 5.71% 0.27% Central Point 3.67% 1.68% 5.22% 4-60% ,W� Eagle Point 4.12% 0.85% 4.78% 9.60% r Cold Hill 0.71% 0.83% 0.88% 0.13% Jacksonville 0.82% -0.68% 1.66% 2.18% Medford 2.34% 1.68% 3.01% 2.33% Phoenix 2.65% 3.44% 2.28% 2.79ek Rogue River 1.70% 3.01% 0.49% 1.55% L.. Shady Cove 3.58% 2.10% 5.65% 2.48% Talent 3.61% 2-42% 5.40% 2.28% White City 2.22% 112% -0.75% 6.53% ;f Unincorporated 0.14% 0-33% 0.61% -1.20% f Source:U.S.Census and POpe439M Research center 3t Po4land State University,U3 Certs05 1990 8 2009.Calalallons M ECONortPVrzst. ; However, providing the City with a 1.06% AAGR for the entire duration of 2005-2040 is not consistent with the AAGRs for the majority of other cities within Jackson County as provided for in the Population Element(as illustrated in Table 6; page 1 of this Memo). Generally, the further out population Is projected,the lower the projected AAGR is. To retain consistency, staff supports providing Ashland with a 1.06%AAGR from 2005-2026 and a 0.91% AAGR from 2006-2040. Providing Ashland with this increased AAGR would result in a 2026 population for Ashland of 26,055 and a 2040 population of 28,670. This represents an increase in population of 3,736 and 5,614 respectively. Thus,if the County wishes to pursue updating the Population Element to provide Ashland with the additional population, the question arises: where does the additional population come from? For the following three reasons staff believes the additional population can be taken solely from the population allocated to the Rural Unincorporated portion of Jackson County: 1. The participating cities are proposing Urban Reserve Areas (URA) through Regional Problem Solving. These areas represent a 50-year supply of land. Each URA is currently located within the County but will be transferred to the respective city upon annexation. This includes the population located within these areas. Therefore, each city will gain population (on paper) and the Rural Unincorporated portion of Jackson County will lose population (on paper)with no actual people moving. Over the 50-year horizon of the RIPS Plan, this amounts to approximately 4,871 people. Considering the horizon of the Population Element is 2040, roughly 30 years from today, three-fifths of that population Additional Amendments to Draft RPS Plan-Proposed by Staff Page 4 (30150) or 2,923 people can be expected to be transferred from the County to the respective city by the end of the Population Element horizon. Therefore,this equates to a loss of approximately 3,000 people In the Rural Unincorporated portion of Jackson County simply by redrawing lines. 2. The overall trend as illustrated in the Jackson County Population Element Is that the Rural Unincorporated portion of Jackson County is losing population: Populotion in unincorporated areas of the County increased over the twenty-five year period. Unincorporated Jackson County's population increased by 1,992 residents between 1980 and 2005, from 57,993 to 59,985. During this time period, White City grew by 3,167 residents, from 4,333 to 7,500 residents, whereas the unincorporated parts of the county aside from White City decreased in population by 1 175 from 53,660 to 52,48 During, 2000-2005 this trend was especially pronounced. White City increased in population by 2,034 residents, a 6.53%rate of growth, and the other unincorporated parts of the county decreased in population by 5,769 residents. or-2.06%. The decrease in population in the Rural Unincorporated portion of Jackson County can be partially attributed to a decrease in the Persons per Household(PPH)rate:This is a trend historically occurring in the U.S. and may be accentuated in the Rural Unincorporated portion of Jackson County in the future because of the higher percentage of retirees. Regardless, it is likely that the Rural Unincorporated portion of the County will experience a decreased PPH rate.A review of the PPH rates in seven rural Census Tracts in Jackson (Census Tracts 23,25,26,27,28, 30.01, and 30.02)resulted in an average weighted PPH rate of 2.54.This data is attached as Exhibit 2. In the Population Element the 2005 population for the Rural Unincorporated portion of the County is 52,082. Assuming a PPH rate of 2.54, the number of households in the Rural Unincorporated portion of the County is approximately 20,505.Therefore,every one-tenth of a deduction in PPH would result in a decrease in population of approximately 2,051 people. It is very likely that the PPH rate for the Rural Unincorporated portion of the County will decrease by one-tenth of a percent or higher over the horizon of the Population Element. Therefore, it is reasonable to assume that the Rural Unincorporated portion of the County will decrease by at least approximately 2,000 people in the next 30 years based upon a decreased PPH rate. 3. It is understood that during the 2006-2007 Population Element update process there was a tremendous amount of uncertainty in regards to how two major land use forces would play out: Ballot Measure 37 and Destination Resorts. Due to the uncertainty over how these forces would Impact the population of unincorporated Jackson County the projected population for the Rural Unincorporated portion of Jackson County was deliberately inflated. Therefore, based upon the above analysis, providing an additional 5,614 people to the City of Ashland out to 2040, by removing them solely from the Rural Unincorporated portion of the Additional Amendments to Draft RPS Plan-Proposed by Staff Page 5 County appears supported by data. An amended version of Tables 6 and 7 from the Population Element have been attached as Exhibit 3 to illustrate this. Overall, staff believes a narrow amendment to the Population Element poses substantially less risk to the Plan than a complete amendment of the Element.Additionally,as discussed earlier,the data needed for a complete amendment of the Element Is not available.A complete update of the Element should occur sometime after 2012,when new U.S. Census data is available. Amendment to Land Development Ordinance In addition to the amendments proposed to the Jackson County Comprehensive Plan, minor amendments will be necessary to the Jackson County Land Development Ordinance (LDO) as follows: 7.3 URBAN OVERLAYS 7.3.1 Areas-ef-M and-Urban Growth Boundaries, Urban Reserve Areas. and Areas of Mutual Planning Concern 7.3.1.1 Urban Growth Boundaries All incorporated cities within Jackson County have designated Urban Growth Boundaries. These are areas designated to accommodate a 20-year need of urban land Urban Growth Boundary agreements between the County and the respective city govern County land use actions in their respective areas Development standards adopted through such agreements supersede the development standards of this Ordinance when specdled In the agreement 7.3.1.2 Urban Reserve Areas The cities of Ashland Central Point Eagle Point Medford Phoenix and Talent have designated Urban Reserve Areas These are areas designated to accommodate a 50-year need of urban land Urban Reserve Area agreements between the County and the respective city govern County land use actions in their respective areas Development standards adopted through such agreements supersede the development standards of this Ordinance when specified in the agreement 7.3.1.3 Areas of Mutual Planning Concern Incorporated communities may agree with the County to designate lands lying immediately beyond their a Urban g Growth b Boundaries or Urban Reserve Areas as areas where the County and city will coordinate planning activities, Including those pertaining to requests for changes in land use. All such agreements will be subject to mutual review and adoption by the governing bodies of the affected city and the County. Agreements currently in effect are hereby adopted by reference and govern County land use actions In their respective areas. Development standards adopted through such agreements supersede supersede the development standards of this Ordinance when specified in the agreement. Additional Amendments to Draft RPS Plan-Proposed by Staff Page 6 As discussed previously, the City of Ashland has requested that the Urban Fringe regulation stay in effect since they have not proposed any Urban Reserve Areas through RPS. If your Commission wishes to grant their request,the following amendment to the LIDO will be necessary. If your Commission does not wish to grant their request, then the entirety of Section 7.3.3 should be stricken. 7.3.3 Urban Fringe The following Urban Fringe protection regulations are adopted pursuant to OAR 660-004-0040(8). A) Designation Urban Fringe lands will include all unincorporated lands located within one (1) mile of the Urban Growth Boundary ies of Ivledfo4 Ashland-,-aad 6eatral PG PA. B) Divisions of Land All Urban Fringe lands designated for residential use must maintain a 10-acre minimum lot size in accordance with OAR 660-004-0040. C) Plan/Zone Changes Urban Fringe lands are eligible for changes in Comprehensive Plan land use designations, and for zone changes, on the same basis as other lands in the County. Amendment to Volume III Appendix IX Appendix IX consists of the 'Regional Land Needs Simulator. This document is essentially a spreadsheet which calculates the amount of land needed by each city for the next 50 years based on a variety of inputs.The version of the"Regional Land Needs Simulator"contained in Appendix IX is dated April 3,2006.That version was updated by CSA Planning Ltd.during the drafting of the current Draft RPS Plan. The updated version is found on pages 207-229 of the record. Two memos, found on pages 230-235 of the record, explain the updates. Since the aforementioned update of the"Regional Land Needs Simulator", many changes to the Draft Plan have been discussed(e.g.increasing the density commitment for URAs and increasing the assumed density of future buildout of UGB land). Staff has also recommended the replacement of the "High Density" and "Low Density" land demand scenarios with one scenario titled"Committed Density". Staff believes this will minimize confusion over the Plan and make the Plan much easier to implement. Additionally,after further analysis of the Inputs used In the"Regional Land Needs Simulator', staff requested that the cities update the base data used for existing land use and population as well as UGB buildout potential. This data has not been updated since August 3, 2006. While it is acknowledged that this process has taken quite some time to get to this point,the majority of data used in the process still remains valid. At the same time however, staff believes that it is Additional Amendments to Draft RPS Plan-Proposed by Staff Page 7 imperative for this data in particular to be as up-to-date as possible.The updated data supplied by the cities has been attached as Exhibit 4. Lastly, one of the main inputs of the "Regional Land Needs Simulator" is city population. The changes to the Rural Unincorporated portion of Jackson County and the City of Ashland will affect the "Regional Land Needs Simulator" and therefore the populations allocated to each of the participating cities from 2040-2060. Furthermore, the population data for the cities currently used as base data in the Draft Plan is from 2007.We have updated this information with the latest 2010 population data from Portland State University. This is reflected in the updated "Regional Land Needs Simulator". An updated "Regional Land Needs Simulator" which reflects the aforementioned changes has been attached as Exhibit 5: Changes to the"Regional Land Needs Simulator"affect many of the figures used in Chapters 2, 3, and 4 of the Draft RPS Plan. Staff has not made all of the changes at this time. Prior to deliberation by your Commission,a revised Draft RPS Plan will be prepared which illustrates all of these changes. EXHIBIT 1 Ashland Historical Population and Projections Jackson County Population Actual Annual expected%growth Historic Comprehensive Element Population growth annual projected based on compplan Year Population Plan Projection Projection Change rate population Increase chart 1971 13000 13701 658 ' 5.33% 187 1,36% 1972 13980 13888 980 7.54% 187 1.35% 1973 -14400 14074 420 3.00% 187 1.33% 1974 14500 14261 100 0.69% 187 1.31% 1975 14400 14448 -100 -0.69% 187 1.29% 1976 14500 14634 100 0.69% 187 1.28% 1977 14885 14821 385 2.66% 187 1.26% 1978 14375 15007 -510 -3.43% 187 1.25% 1979 14725 15194 350 2.43% 187 1.2300% 1980 14943 15381 218 1.48% 187 1.22% 1981 15230 15567 287 1.92% 187 1.20% 1982 15180 15754 -50 -0.33% 187 119% 1983 15360 15941 180 1.19% 187 1.17% 1984 15600 16127 240 1.56% 187 1.16% 1985 15860 16314 260 1.67% 187 . 1.15% 1986 15855 16501 -5 -0.03°°% 187 1,13% 1987 16010 16687 165 0.98% 187 \ 1.12% 1988 16310 16874 300 1.87% 187. 1.11% 1989 16740 17060 430 2.64% 187 1,10% 1990 16500 17247 -240 -1.43% 187 1.08% 1991 17060 17434 560 3.39% 187 1.07% 1992 17320 17620 260 1.52% 187 1.06% 1993 17445 17807 125 0.72% 187 1.05% 1994 17725 17994 280 1.61% 187 1.C4% 1995 17985 18180 260 1.47% 187 1.03%. 1996 18360 18367 375 2.09% 187 1.02% 1997 18560 18554 200 1.09% 187 101% 1998 19220 18740 660 ' 3.56% 187 1.00% 1999 19490 18927 270 1.40% 187 0.99% 2000 19610 19113 120 0.62% 187 0.98% 2001 19770 19300 160 0.82% 187 0.97% 2002 20130 19487 360 1.82% 187 0.96% 2003 20430 19673 300 1.49% 187 0.954/0 2004 20590 19860 160 0.78% 187 0,94% 2005 20880 20047 290 1.41% 187 0.93% 2006 21430 20233 550 2.63% 187 0,92% 2007 21630 20420 200 0.93% 167 -0.92% 2008 21485 20607 -145. -0.67% 187 0.91% 2009 21505 20793 - 20 0.09% 187 0.90% Jackson County Population Actual Annual expected%growth Historic Comprehensive Element Population growth annual projected based on compplan Year Population Plan Projection Projection Change rate population increase chart 2010 20980 21565 187 0.89% 2011 21166 21626 187 0.88% 2012 21353 21688 187 0.88% 2013 21540 21747 187 0.87% 2014 21726 21808 187 0.86% 2015 21913 21869 187 0.85%, 2016 22100 21930 187 0.85% 2017 22286 21991 187 0.84% 2018 22473 22063 187 0.83% 2019 22660 22115 _ 187 0,83% 2020 22846 22177 187 0.82% 2021 23033 22239 187 0.82% 2022 23220 22301 187 0.81% 2023 23407 22364 187 0.81% 2024 23594 22426 187 0.80% 2025 23781 22489 187 0.79% 2026 23968 22552 187 0.79% .2027 24155 22615 187 0.78% 2028 24342 22678 187 0.77% 2029 24529 22742 187 0.77% 2030 24716 22806 187 ' 0.76% 2031 24903 22869 187 0.76% 2032 25090 22933 187 0.75% 2033 25277 22998 187 0.75% 2034 25464 23062 187 0.74% 2035 25651 23127 187 0,73% 2036 25838 23191 187 0.73% 2037 26025 23256 187 0,72% 2038 26212 23321 167 0.72% 2039 26399 23387 187 0.71% 2040 26586 23452 187 0.71% 2041 26773 187 0.70% 2042 26960 - 187 0.70% 2043 27147 187 0.69% 2044 27334 187 0.69% 2045 27521, 187 0.68% 2046 27708 187 0.68% 2047 27895 187 0.67% 2048 28082 187 0.67° 2049 28269 187 0.67% 2050 28456 187 0.66% 2051 28643 187 0.66% 2052 28830 187 - 0.65% 2053 29017 187 0.65% 2054 29204 187 0.84% 2055 29391 187 0.64% 2056 29578 187 0.64% 2057 29765 187 0.63% 2058 29952 187 0.83% ' 2059 30139 187 0.62% 2060 30326 187 0.62% s 14, so 191, �'Oo ll v 0 S°Oc, a 00, 2 e d 0 —� ssse o a es 0. _ s� v i e s a c � , sa m R j a `goe N s8 oz (96Z, .s se s�Irv-s e s`s! 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LM . cc ............. .... ------------ ...... ......... 96161 ------- —----- UU .......... .......... ............. ............. ... .................... ....... ..... ............- ...... ....... 6136 ------- ----- ------- - L86 ............ 986L E % C)% 1161 ................. ------------- ------ ------------- ......... ....... ............... ---------------- ---- ----- 6M .......... ....................... \...----- .... ...... LIU . ................ 9L6 0 ............ ..... . .. ........ ................. ............ ...... 0 ........... ----------- LLft 0 0 m N N CV 1 \ O O N n O 0 N N O • O N O O N _ O _ O N m rn m rn m m M ro - L t� N� L O l m � n agBL C O tl Q O O O r A n _ O n n rn N n O r M n O n O ' O O O O O O O O O O O O O O O O O O O O O O O O O O O O Oi co h (O 6 4 M N EXHIBIT2 HOUSEHOLD SIZE ANALYSIS FOR RURAL UNINCORPORATED JACKSON COUNTY Census Tracts 23, 25, 26, 27, 28, 30.01, 30.02 Household Average Weighted Size 2.54 DP-1: Profile of General Demographic Characteristics: 2000 Data Set: Census 2000 Summary File 1 (SF 1)100-Percent Data Geographic Area:Census Tract 23,Jackson County, Oregon NOTE: For information on confidentiality protection, nonsampling error,definitions,and count corrections see http://factfiinder.census.gov/home/en/datanotes/expsflu.htm. 0 Number Percent Subject - Totaf opulation-----.. --- - - - -- -.. .._. . . - -1666 ..-. __. ---100 . HOUSEHOLDS BY TYPE Total households 661 .100 Family households families 497 75.2 With own children under 18 years 190 28.7 Married-couple family 442 66.9 With own children under 18 years 157 23.8 Female householder,no husband present 39 5.9 With own children under 18 years 19 2.9 Nonfamlly households 164 24.8 Householder living alone 108 16.3 Householder 65 years and over 46 7 Households with Individuals under 18 years 204 30.9 Households with individuals 65 years and over 159 24.1 Average household size 2.52 X Avera a family size P.82 X DP-1: Profile of General Demographic Characteristics: 2000 Date Set: Census 2000 Summary File 1 (SF 1) 100-Percent Data Geographic Area:Census Tract 25, Jackson County, Oregon NOTE: For information on confidentiality protection, nonsampling error,definitions,and count Number Percent Sub ect Total population 2,493 100 HOUSEHOLDS BY TYPE Total households 991 100 Family households(families) 719 72.6 With own children under 18 years 267 26.9 Married-couple famii 614 62 With own children under 18 years 214 21.6 Female householder, no husband present 65 6.6 With own children under 18 years 30 3 Nonfamily households 272 27.4 Householder living alone 194 19.6 Householder 65 years and over 66 6.7 Households with individuals under 18 years 288 29.1 Households with individuals 65 years and over 271 27.3 Average household size 2.52 X) Average family size 2.871 N. DP-1: Profile of General Demographic Characteristics: 2000 Data Set: Census 2000 Summary File 1 (SF 1)100-Percent Data Geographic Area: Census Tract 26,Jackson County, Oregon NOTE: For information on confidentiality protection, nonsampling error,definitions,and count Number Percent Sub'ect Total population 2,634 100 HOUSEHOLDS BY TYPE Total households 1,019 100 Family households(families) 770 75.6 With own children under 18 years 301 29.5 Married-couple family 648 63.6 With own children under 18 years 219 21.5 Female householder, no husband present 71 7 With own children under 18 years 53 5.2 Nonfamily households 249 24.4 Householder living alone 207 20.3 Householder 65 years and over 95 9.3 Households with individuals under 18 years 336 33 Households with individuals 65 years and over 289 28.4 Average household size 2.58 (X) Avera a family size 2.931 (X DP-1: Profile of General Demographic Characteristics: 2000 Data Set:Census 2000 Summary File 1 (SF 1) 100-Percent Data Geographic Area:Census Tract 27,Jackson County,Oregon NOTE: For information on confidentiality protection, nonsampling error, definitions,and count Subject Number Percent Total population 6,382 100 HOUSEHOLDS BY TYPE Total households 2,549 100 Famll households families 1,889 74.1 With own children under 18 years 666 26.1 Mauled-couple family 1,589 62.3 With own children under 18 years 499 19.6 Female householder,no husband present 182 . 7.1 With own children under 18 years 102 4 Nonfamily households 660 25.9 Householder living alone 507 19.9 Householder 65 years and over 209 8.2 Households with individuals under 18 years 765 30 Households with individuals 65 years and over 755 29.6 Avera a household size 2.5 (X) Avera a tamil size 1 2.86 (X DP-1; Profile of General Demographic Characteristics: 2000 Data Set: Census 2000 Summary File 1 (SF 1) 100-Percent Data Geographic Area:Census Tract 28,Jackson County,Oregon NOTE: For information on confidentiality protection, nonsampling error, definitions, and count Number Percent Subject Total population 4,605 100 HOUSEHOLDS BY TYPE Total households 1,725 100 Family households families 1,345 78 With own children under 18 years 508 29.4 Married-cou le Tamil 1,111 64.4 With own children under 18 ears 377 21.9 Female householder, no husband present 159 9.2 With own children under 18 ears 86 5 Nonfamily households 380 22 Householder living alone 292 16.9 Householder 65 years and over 118 6.8 Households with Individuals under 18 years 694 34.4 Households with individuals 65 years and over 448 26 Average household size 2.66 (X Average family size 2.941 X DP-1; Profile of General Demographic Characteristics: 2000 Date Set: Census 2000 Summary File 1 (SF 1)100-Percent Data Geographic Area: Census Tract 30.01, Jackson County,Oregon NOTE: For information on confidentiality protection,nonsampling error,definitions, and count Number Percent Subiect Total population 1 3,9611 100 HOUSEHOLDS BY TYPE Total households -11600 100 Family households(families) 1,146 71.6 With own children under 18 years 398 24.9 Married-cou le family 987 61.7 With own children under 18 years 318 _ 19.9 Female householder, no husband resent 104 6.5 With own children under 18 years 54 3.4 Nonfamily households 454 28.4 Householder living alone 350 21.9 Householder 66 years and over 160 10 Households with individuals under 18 years 459 28.7 Households with individuals 65 years and over 509 31.8 Avera a househof!size 2.48 (X) Avera a family size 2.85 (X) DP-1: Profile of General Demographic Characteristics: 2000 Data Set:Census 2000 Summary File 1 (SF 1) 100-Percent Data Geographic Area: Census Tract 30.02, Jackson County,Oregon NOTE: For Information on confidentiality protection, nonsampling error, definitions, and count HOUSEHOLDS BY TYPE Total households 1,922 100 Family households(families) 1,406 73.2 With own children under 18 years 507 26.4 Married-couple famil 1,198 62.3 With own children under 18 years 388 20.2 Female householder, no husband present 132 6.9 With own children under 18 years 63 3.3 Nonfamily households 516 26.8 Householder living alone 398 20.7 Householder 65 years and over 156 8.1 Households with individuals under 16 years 562 29.2 Households with individuals 65 year and over 572 29.8 Avera a household size 2.48 X Avera a famil size 2.85 X EXHIBIT 3 0 r+ 1c orlmmNnOmbo .gm .a � rn n o 0 1n � ao vl m o m 1c M m O ° O N TT O M ON N b0 n O O W tD tp W N h tp h Vl Ol CO � 00 p � � m m N N n n a0 n v/ a .n n In In In N u a � N G C N N U W 0011 tll 00 O1 N N N N O Q1 O _ fl �i V N �o rn v1 m lIJ ` n M ed M ri N IA ll` C � O 0 'a+ fE 7 p CL �o M m rl o m 10 m In n In ry h n n - C 3 U O C N O 9 o 0 0 o e Y O O N O m N 7 M N n tm n M n 10 Vl N n tp I tp U °� ro N N V7 m m V1 cp N M M Ill M M 00 M O C L A W O U v G n n M t0 n Ol 0 0 N 00 00 M 0 0 'd N O M Ol Ol M Ol O N N Ol N M N N V W F D O n 1 ^ ee}} I d C 6 1pl O N V p 00 m M h tnD H O M N1 1D N y m av ri ri m m I,y o ".� 00 00 M m m o o N In m N 1-i v .-I ao m m of r+ m m 0 m 0 O. 01 N a0 m n m ,y` V LA O N I N A N N .ti N M 00 N Inn CL N O Q. 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O C $ M OI b O H W N ti m ti n1 n •i 11�� q �rvy yy ••Ay n a ry N O N w N 8 n�lh OI O Nw el OR (pw .4 ONOms, o.G o No„q n m 'Ba a� ammo d m �N�jj /3/yyo �v�UJi�m V�V11 y� mm d �wwe po r[ nb.� `O U d UI M N ti N "m'r m• 0�A N N N H N N N N N N N N N N (b'I N N N N N Iml �Or1 T��13 a Q y b m oevwmw w�y rawry wn N w � � � yi � F�' n 'o� � m a°Qoo '.� .yNrymm � a»�NNNb � u � bn �.' n �. nlw �LL V P P O Q tl Q N N N W N N N N N N OI�N N N N N N N N N N N N�U H YI w O �- f17J f0 b m I� m r N w rmi 1. 0 0 r •- Cl Q Vl w W Ci P w _ _.dN. � Odim Nm O 'r 17 bwN N pp O (pp(••�� ((Vy ��pp p t�My� r! t�1 m � � ���O w b w ry V� p q $ n ,Q8 qq P r' N N N N N N N N ry ry (y (y N aN [PJ N N N N N N N N N N'N N Fi ry N .,vZ Al "m g8b S88Soo 'm' S' 0000p^� 000 'p� ooa000 'pm" ra "�poo "p� 'g } N N N N N N N N N N N N ry N N N N N NN N ry N M N N N N N N N N �l EXHIBIT f a { F 9 ^I a 4 IN its, it IS j 0 it SAW? son J a w M'a .. ry 1 to. Tj m '�' n ,. v ? N N "1 b M1I N rY O ' O too M 2 O m O m m 1 Q m ia3 � n a n o. t• o h � > v v A `oc7 ,yv � p 9 0 2 2 LL i i N D u V W y: m Si L Y Jp .O d .,- m Y-- I N IS (J N N (J h{ N N N MM �If py� AA A 10 w a a o a a s a n n n d J J J O J J J @ J J J J 0 mmmN mm ma ca co mm CUj N C N d O p .NNE U M N O U O Q C C Z Q y — 'D a m z of m O ro j r y R O N M to V N NN _" ` n N N N M d QS COI 7 d' N x .s.s'�,'. t0 LLJ IRAq : C y 00 y In y y ".+ y y L C N N y y y o N V V V 0 0 61"t v m v a o 00 w Q m `0 b y a:tc0, v `cS c`S 0 `u u,r,/,�} c u b es 0 0 0 0 `c5 b Q Q Q Q Q Q F,M J Q Q � m Q Q Q Q Q Q mym � spy vm � va— � — m " - a�ci .Dc.. > U ma aYo Rcj ma° � dy m .o0L 41 UI (/1 E — ,rp- y m }h m y 23 v U E v S N OI 0 00 0 o^ U = a y yvA, Z -S m U C X sY U 2 d d CD O QO O 1 J > NN On fl. .52 �,Q C N O w CL 0 X 0. `-^ Jw Qi U. c 0 w y S > 6 0 Zp LAY,'fI N Q ycy N m 3 Base Data from Cittes,.provided August 3,2006(Technical Adjustments December 2009 CSA Planning Ltd.)and Updated by City of Central Point 11-16- 2010 Central Point (1)EXISTING LAND USE AND POPULATION 2006 2008 Existing Total Net Acres 2,318 2,247 ' Existing Developed Net Residential Acres 1,173 1,105 Average Net Density(Units/Net Acre) 5.77 Average pph 2.50 2.69 " Population 15,768 17,160 a Existing Developed Net Commercial Acres 140 114 Existing Developed Business Park Acres - _ Existing Developed Net Industrial Acres 157 93 Existing Developed Net Parks Acres 606 165 Existing Developed Net Institutional Acres* 242 107 Existing Other Acres - _ (2)'UGB BUILDOUT POTENTIAL Fully&Partially Vacant Buildable Lands (Net Acres) 555 663 Residential Acres 321 406 Average Projected Density 5.50 6.90 Average Projected pph 2.69 2.69 Projected Population 4,749 7,536 Commercial Acres 10 133 Business Park Acres - Industrlal Acres 49 124 Parks Acres 12 - Institutional Acres 4 1 "Other"Acres - `The 2008 figures are from the city's Buildable Lands Inventory(2008)and Population Element(2008). 'Measured in Gross Acres(Includes right-of-way) a 2008 Portland State Estimate 4RPS proposes 2.5 pp/hh for URA and 2.69 for UGB areas EXHIBIT 5 City Capacity Summaries UpMledmle WMCm6J Pw,µEaOw PCi4,lh,P delq TS:anl.n,gs1200p f�0p0�s4s�6danmtand 99usig upw�2 n'malaa lPrlaMex9ain WB9 I' e1vsA�sa,ere ns ump"Uem prvMSdWPtkf and na,albwLEMea ' EmplaymOnl Capacity(in J9bs) 1 Aw bO hom ASwm tma Ne< Empbyse perm acn aaag en+ P<Ie85mv1W 16 IndvWA 9 PWic T GroulonetrcclN 1]X f k On Em :a mml Ca pX obs GmI' mt PM ann 416 1,60 0 2,0 East al,' 97S SZfl ¢ T�0 EA9a Pdnl 1£9 2M 0 g13 MfdbM Malt 3,460 0 9976 A k 246 1,391 0 1,629 TatM 1]2 909 0 1,080 M.G7 It,I63 3,&T 0 1/,/09 TOTAL We Employmenl Capacity U319 p06 18]fi pktec CuPa W Is okWkd 42 pmm'(1•MM b G0u P20m1)-EPA avumptin kpvfanJ Uwsmwma pv�denfM1ea � Horn IN Capacity(In Dwellings and Population) In tAawm Uom n (W,Ereaa I=,Per AII,lu cUon pQ ryem6hold a and c, .l GnheI POW 6,80 269 E'l.Fold 6.10 262 Mao" 6650 241 PIawx 6.E0 2311 TakM Cla 225 Avant. enif/ £E6 HoOlne CaPaoIN fUm ing Unto and Pcoula lo Jvdadk0pn Paf Acme W PP ulotlon d a zn GNnI PJnt R. Mot 7,_06 Eeje Pe'a4 13 1.306 4259 V.wA 2,6922 itale /1,_815 PM1OM'k 64 111 1.383 T.-IM 102 915 �54g TOTAI. 6.eas 24966 61753 N*'.OUe &IM by POWJW W40t&PH ECO lli, eW lAal CWy made pepWaNn4apacH ad,Lfhrnn\a Ie nbJpAYf'xNfa,dmnihantf Base Data fmm Cides,provided AUgullt 3,2005(Updated NovemborlDecember,2010TeGbakaFAdj ka mn ng. lid,) uninc AsNaM CenhalPtlM ask P.1a 1/edrpcd Phaanh Team Owl.919) ToM1I (1)ZXISTING IAMB USE MO POPULAM.4 P kerg Atro9 6,565 "UT _ 1`690 1_091 618 1,120 29_6]1 EHSV2 OW91 W noldofd Am$ 4,315 1]03 Jd0 - 8,33 359 528 1_3013 Avnepa0eney OF;vAbe) 91] £30 lla 591 Avbnp6 pTh 216 269 2.82 z0 2.32 2.26 P".v T't'o e,69 ,466 5,001 6.30 Ity612 EAIfiV Daevl. dOOmmeNel Acre, 1.210 114 if zwo MJ 153 1_}69 ""O apvdeafFa9f PaMAnes 11 11 Eknf9 0mkbp6d9 Wal A. 10 93 37 4170 10 39 2N2 UVAV Pe/a apes t95 41 So all Filn9g lnnRW,ulAUta• 10] 61T O }) 11 V 0a W ILO MUL WMa Partially V,.nt 6ulMabh Lmdf 60 IN 232 _ "92 10 102 6_606 Is, pefJeMalaaef 390 406 - }33 2692 61 IOS 3,09 Avwe90 P,*dW Oemry 6.0 260 9.30 9.10 8.60 6.60 Avere96 Pmktladpp} 215 269 201 2A1 2.30 ,us PrelesSM Pepuk6on _y6N 7.5O �17 11,616 t,�10 1,�Ne 61.253 Cmrma6r2atAtns 1N 133 t] 269 1N 0 221.9 ]06 auylefa Pah Arita 11 if I0dW1Aal AVO 56 124 20 793 7J 23 I,3N.6 1.01 n.3aam+ _ n 22 )ml WOAOres 1 - 1 '06urAau 6 y . 4 Assumptions This sheet Includes all of the assumptions for the land supply/demand simulator.Changes to assumptions here will affect the output in other sheets.Highlighted calls are assump8dns That can be changed in the simulator. Model Scenario: PSU 2007 HIGHER LAND NEEDS Model Date: 12/1112009 Employment Density Assumptions Baseline This Run Percent of employment thatwlll require no new land 15% 12% Percent of future employment by land use type Retail&Services 67% 65% Industrial - 23% 25% Government 10% 10% Total Employment Change 100% 2006-2026 38,313 38,313 2008-2056 98,108 88,108 No La Employment allocated to land base demand 2008-2026 32,586 33,715 Emp�oyment ' 2006-2056 81,690 84,573 11,533 Employee Per Net Acre Assumptions Retail/Services 20 16 DI-CD handbook ranges: 14-20 Handbook 17 Industrial t2 9 8-12 Mean 10 Public 10 7 6-10 8 Gross to net factor 20% 17% Note:Baseline assumptions are from the medium density scenario In the EDA Other Land Need Assumptions In acres per 1000 pop 'eon Jurisdiction Baseline Assumption Ashland 10.0 10.0 Central Point 10.0 10.0 Eagle Point 15.0 15.0 Jacksonville 15,0 15.0 Medford 10.0 10,0 Phoenix 10.0 10.0 Talent 10.0 10-0 Note:Other land need assumptions includes parks,public and seml-public facilities that do not have employment Housing Density and Household Size From standard number sheets provided by cities UGBs URAs -041111117 -UF%T7--FUMM9-- (DU/Gross Persons Per (DU/Gross Per Jurisdiction Ac) Household Ac) Household Ashland 6.60 '2.15 Na n/a Central Point 6.90 2.69 6.90 2.50 Eagle Point _6.60 2.82 6.50 2.82 .Medford 6.50 2.41 6.50 2.41 Phoenix 6060 2.30 6.60 2.30 Talent 6.68 2.25 6.60 2.30 South Valley no no Tolo na na Weighted Average 6,56 68 s a m N N Oi OOI N O N O O (IT�jj. tSQ H U U N �C U� L C Z �L C Z C Z N N N S Jryrya] Z ? D C m b W NO 10 N N N M �rNj C mJ H a ' q C a V✓ N \q g q N N q q \N V V M A M n �I f N P C 1L Z �L Z 1L Z ` V Y W O mN 4l q T,J ° tp b 0 M LR V ff1 Of (NO M n M N e �jj C� F VI. gyp' N " n tV NN NE N C Q O O M O O O m O O O M O O t0 ry1y b � O M NW fG (J d T '� C E a a.y `o n 9 � n M y t0 N w N a IA (V � t0 N � N C N• M t9 � W! � >q O O n 1141 � m � m r V 'O a •yN C; n (V m b lV m N p N ly O H M fy�l (yl LO m d ai a M a ri � `* . n .F7 c m•o cab a o> a 0 ov U �q o Z v o O w� b it cL, Y �.gpryE � Ny _ v° z z Nn A co� le N N v d O a Z o U o ZC a E yE F c F c Z n o m y Q 1 °� a 4-3 L7 oyy aa` z _b q O N �' d a o E . F ON Q a U a C C O C y C J Ti O o vtv 'S 5 3 c E a° ogz X80° sOO °c � pp00� � J � aU a o 5scn a J U U F N q 23 q :Y M J 2 S y p O c A p o s NN° 5 E - aapn Jam = aQ33 ( � ;em o uS y m'2g t- o. URA Capacity Summary - Th'S vvrksheal appfies assuandkds W eadlnato employment and housing wpadty h Ua URA.. Acreages l7rom URA Base Data Sheaf) Judsdlc0on Rea Ind Comm Parks Insl Seal Total Astllaw 0 0 0 0 0 0 of Central Point 745 445 33 163 42 0 1,430 Eag:e Point 480 270 184 151 68 0 1,164 Medford 2139 429 605 630 320 1 872 6,000 Phoeroz 129 199 61 72 116 0 571 Talent 187 19 8 9 W 0 263 South Valey 0 151 5o 0 0 0 201 Tab ToWs ALL URA,,NO OVERLAP 3,881 1,372 . 084 1,025 597 1,877 9,417 SeWI Valley figures pmv'Aed by City of Phoenix,and walap with Phoenix URAS Employment Capacity(in Jobs) I.pul Assurr Ilan from Aga rn dons shot___ Em Playas per net acts assompuone R.WNServicea 10 Industrial 9 Public 7 Gress to n4l faGa f 77� E PI Y tConnelly 1106 ) Jurisdiction Ind Comm last Total «-foGl Ashland . 0 0 -00 Central Point 3.327 -444 246 4,018 Eagle Pohl 2,016 2,445 397 4,1158 MM(ad 3.203 8,031 1,860 13,094 Phoanh 1,487 717 673 2,078 Talent 219 105 291 014 Totals ALL URA.,NO OVERLAP 1,252 11,741 3,461 25,463 —Summary figures usodin all olherealwfations Now,: CBPadly Is wlwlalod os(AOms'tl-Ne110 Go..Fadec))'EPA aswmpUon Inslulloml uses assures public demGUrw Housing Capacity(in Dwellings and Population) Input Assumptlons Oensity Persons (DU)Gross Per Jurisdiction Ac) HPUSahotd Ashland Na Na Central Point §,$ 250 Eagle Point 2.02 Medford 8.5 2.41 Phoenix RyQ ,2.30 Taml ge 2.30 6aulh Valiry 0.0 0.00 rate 0.0 06o Weighted D.n&'ly 6.6 Housing CaP&city 10"Uino Units and Population) Residomfol Acraa Judedlc6on Oros& DU Popul.u.n Asbland Central Point 745 5,144 12,860 Eagle Point 480 3,121 B,601 Marlton! 2,313 15,028 36,217 Phoenb. 129 am 11962 Talent 167 1,100 2,631 South Valley 0 - g 0 0 0 62,372 Regional Problem Solving : Amendments Proposed during Deliberations (to date) June 29, 2011 Regional Problem Solving: Amendments Proposed during Deliberations (to date) The Jackson County Planning Commission recommended adoption of the Greater Bear Creek Valley Regional Plan including adoption of the Regional Plan Element as a new element of the Jackson County Comprehensive Plan; amendment to the Land Development Ordinance Sections 7.3.1 and 7.3.3 and Official Comprehensive.Plan and Zoning Maps to designate the Regional Plan Boundary and Urban Reserve Areas; Urban Reserve Management Agreements'between Jackson County and the cities of Central Point, Eagle Point, Medford, Phoenix, and Talent; and amendment to the Population Allocations of Rural Unincorporated Jackson County and the City of Ashland in the Population Element of the Jackson County Comprehensive Plan, including the amendments found on pages 1730-2059 and including the following additional amendments: 1. The Findings and Conclusions accompanying the Planning Commission recommendation to the BOC should state that the RPS process differed from Urban Reserve Rule process (page 1799- 1807 of record) but'the outcome of the process is consistent,on the whole,with the purposes of the statewide planning goals.Any conflicting language in Chapter 3 should be amended. i 2. Add language to Volume 1,Chapter 1,Section 3.1 (page 1736 of record)as follows: Finally, in 2009,preceding the initiation of the final,major stage of this Regional Problem Salving process, the City of Jacksonville elected not to propose the comprehensive plan and land use regulation amendment required to effectuate the Regional Plan. While Jacksonville's involvement in the process was desirable the region determined that their involvement was not necessary or critical to the remaining seven jurisdictions being able to address the regional problems identified in the Greater Bear Creek Valley Regional Problem Solving Process Thus the region decided to move forward with seven of the original elght jurisdictions(Jackson County, Eagle Paint, Central Point, Medford, Phoenix, Talent,and Ashland)by focusing the project's original problems and their solutions on the jurisdictions bisected by the Greater Bear Creek Valley's two major transportation corridors, I-S/Hwy 99 and Hwy 62. These corridors, _ and the cities they impact so significantly,represent the major fault lines of the issues influencing the regional effort(future population growth, agricultural activity, and likely f urban expansion)and therefore share the highest need for regional collaboration and long-term regional planning. June 29,1011 - Jockson County Planning Commission Page 1 of 7 Regional Problem Solving(LRP2009-00010) 3. Amend Volume 1, Chapter 2,Table 2.10(page 1770 of record) and Chapter 5,Section 2.5(page 1986 of record)as follows* to add a commitment to a staggered density and also to apply a density commitment to the City of Ashland for its existing UGB.Amend Volume 2,Appendix IX, "Regional Land Nee s Simu alor" and land need tables and text throughout Regional Plan accordingly. Chapter 2, Table 2.10 r r Ashland r 1 ofid i Eaalo i I People Per 2.1� 2,69 2.52 2>Z 2i� 2.22 HQuSeholU Existing UGBs cominitted Densit: 6.6 U ,¢ 2s (DUiGwssWel — People Per 1:111 2tO LU 41 �.:"Q 2�30 Household Commined Densih Proposed URAs iDIPGr2094203fi1 c� e-5 Comm Red Densil+ tDU;GiossAcrel 7,9 7,6 7.6 Z6 7.6 2036.2060 *Language will also need to be added to the paragraphs following Table 2.10 to explain the change. — Chapter 5, Section 2.5 Dwelling Units Dwelling Units Per Gross Acre Per Gross Acre CCU 2010-2035 2036-2060 Central Point 6.9 7.9 Eagle Point 6.5 7.5 Medford 6.5 7.5 Phoenix 6.6 7.6 Talent 6.6 7.6 4. Amend Volume 1,Chapter 5,Section 2.7.1 (page 1987 of record)as follows: Transportation Infrastructure. The Conceptual Transportation Plan shall identify a general network of regionally significant arterials under localjurisdiction, transit corridors, bike and pedestrian paths, and associated projects to provide mobility throughout the Region(including intracity and intercity, if applicable). S. Add language to Volume 1,Chapter 1,Section 6.1 as follows: The primary purpose of the Community Buffers was to assist the cities In locating their proposed Urban Reserve Areas. The Community Buffer areas were areas that were largely avoided by cities during the Urban Reserve Area selection process.A notable June 29,1011 Jackson County Planning Commission Page 2 of 7 Regional Problem Solving(LRP2009-00010) exception is found in the area between the City of Medford and Phoenix on the East side of Highway 99, as described in more detail in Chapter 4 of this Plan. 6. Amend Volume 2,Appendix IX,"Regional Land Needs Simulator"to correct a buildable lands inventory error-to change the amount of residentially developable land for the City of Eagle Point from 232 acres to 309 acres (Page 2107 of record).Amend land need tables and text throughout Regional Plan accordingly. 7. Amend Volume 2,Appendix IX,"Regional Land Needs Simulator"to change the Persons per Household rate(PPH)for the City of Medford from 2.41 to 2.47(page 2014 of record).Amend land need tables and text throughout Regional Plan accordingly. 8. Amend Volume 1,Chapter 1,Section 6.3, Item 6(page 1747 of record)and Volume 2,Appendix III,Agricultural Buffering Standards as follows: Buffering mechanisms should be provided/funded by the proponent of the urban development. The buffering mechanisms will be physically located entirelyon the urbanized property, unless: • there is a publicly owned right of way that could be incorporated as part of the buffer, • there is a naturally occurring area on the rural agricultural land that Is permanently incapable of being farmed(rock formation, riparian area, etc.), is of sufficient depth,and is contiguous with the border of the urbanizing land or a publicly owned right of way; • the proponent of development purchases from the willing farm owner an easement on agricultural land of the appropriate length and depth,and pays for the establishment and maintenance of whatever vegetative buffer,fencing, or Irrigation system that would have been required on the urbanizing land or as agreed upon. This mechanism is allowed outright as a mid-term buffer and may be allowed as a Iona-term buffer sublect to a recommendation by the Agricultural Buffers Committee;or title to the area providing the physical portion of the buffer is transferred willingly to the farm being buffered. If a vegetative buffer or other mitigation is required IAdieoted It shall be is installed and maintained by the developer or as agreed upon. ierh.,th ff 0 ,..r,,,b u,..:.. .StGlled OF Rat, Me ti ra..IS 9. Amend Volume 1,Chapter 5,Figure 5.1 (page 1994 of record)to make notification for RVTD "routine"instead of"as needed". 10. Amend Volume 1,Chapter 1,Section 63, Item 10(page 1747 of record)and Volume 2,Appendix III,Agricultural Buffering Standards as follows: June 19,1011 - Jackson County Planning Commission Page 3 of 7 Regional Problem Solving(LRP2009-00010) Class I-IV rural agricultural land is presumed to be of"high potential impact"due to the fact that it can be and often is used for a wide variety of different rural agricultural uses, and because new and os yet unforeseen uses and practices are likely to surface in the future. Therefore, these rural agricultural lands are assumed to require buffering mechanisms that mitigate the most likely high impact rural agricultural land use, regardless of present use. The only exception to this would be those Class I-IV rural agricultural lands that have a long and essentially unbroken history of rural agricultural inactivity OF greriugb+se. These, as well as all Class VI rural agricultural lands, would be considered of"low potential impact". When is Rural Agricultural Land Considered of"Low Potential Impact"? Rural agricultural lands can be considered of low potential impact if they: 1) are composed of greater than 50% Class IV soils, can demonstrate an unbroken or essentially unbroken 25-year history of rural agricultural inactivity(fallow land)sFgr:x ng trse, and which have one or inore of the following(as determined by a certified soil scientist): � greater than 50%hydric so#s; r greater,than 50%shallow soils(surface to bedrock or permanent cemented hardpan)of less than 2 ft in depth. OR 2) are composed of greater than 50 91b Class VI or worse sail, OR 3) are outside of an irrigation district's zone of Influence(defined as the area within an irrigation district's present boundary, as well as areas presently lying outside, which cannot be considered ineligible on reasonable technical grounds-as determined by the most appropriate irrigation district-for a future expansion of an existing irrigation district). 11. Amend Volume 2,Appendix III (Agricultural Suffering Standards)to remove the use of bamboo as an allowable buffer. 12. Amend Volume 2, Appendix IX, "Regional Land Needs Simulator" (page 2022 of record)to include a 12%residential infill rate for the cities of Talent and Phoenix.Amend land need tables and text throughout Regional Plan accordingly. 13.-mend Volume 1, Chapter 5,Section 2.6 as follows to apply the mixed-use/pedestrian-friendly area commitment to the City of Ashland (page 1987 of record): Mixed-Use/Pedestrian-Friendly Areas. For land within a URA and for land currently within a UGB but outside of the existing City Limit, each city shall achieve the 2020 benchmark targets for the number of dwelling units(Alternative Measure#5)and employment(Alternative Measure #6) in mixed-use/pedestrian-friendly areas as established in the 2009 Regional Transportation Plan(RTP)or most recently adopted RTP. Beyond the year 2020, cities shall continue to achieve the 2020 benchmark targets, or if additional benchmark years are established, cities shall achieve the targets corresponding with the applicable benchmarks. Measurement and definition June 29,2011 Jackson County Planning Commission Page 4 of 7 Regional Problem Solving(LRP2009-00010) of quallfled development shall be in accordance with adopted RTP methodology. The requirement is considered met if the city or the region overall is achieving the targets or minimum qualifications, whichever Is greater. This requirement can be offset by increasing the percentage of dwelling units and/or employment in the City Limit. This requirement is applicable to all participating cities. 14. Add to the Planning Commission recommendation to the Board of Commissioners(BOC)that the Planning Commission Is concerned about the future ability of Irrigation Districts to serve water for agricultural purposes and the BOC should consider requiring an analysis,at the time of UGB amendment,to determine the affects of urbanization on the applicable Irrigation district's ability to supply water for agricultural purposes. 15. Add item to Chapter 5,Section 2.9_(page 1988 of record)as follows: TA-ROW.Development of TA-ROW is restricted to transportation uses and shall be a maximum of 110'in width. 16. Amend proposed URA TA-2 to reduce down to the size shown on page 488 of record based upon the majority of the URA being considered part of the commercial agricultural base by the RLRC and the availability of other proposed residential land.Amend land use distribution and supply tables and text throughout Regional Plan accordingly.Amend maps In Volume 3 accordingly. 17. Amend proposed URA TA-4 to eliminate the land west of railroad tracks.Findings and conclusions should state that the railroad and rural residential land act as a natural agricultural buffer from the high-quality active agricultural on the west side of the railroad and there is vacant and/or redevelopable land currently available within the UGB for employment which Is located adjacent to the railroad.Amend maps in Volume 3 accordingly. 18. Add to the Planning Commission recommendation to Board of Commissioners(BOC)that the BOC should consider including the Jackson County EXPO land as a proposed Urban Reserve Area for the City of Central Point. i 19. Amend proposed URA CP-4D to Include the one acre residential lot proposed by the City of Central Point.Amend land use distribution and supply tables and text throughout Regional Plan accordingly.Amend maps in Volume 3 accordingly. ! 20. Amend Volume 1, Chapter 5,Section 2.9(page 1988 of record)to add the following: CP-18, CP-1C, CP-2B, CP-3, CP-4D, CP-6A, CP-6B. Prior to the expansion of the Central Point Urban Growth Boundary into any Urban Reserve Area, the Cltyand Jackson County shall adopt an agreement(Area of Mutual Planning Concern)for the management of Gibbon Acres. 21. Remove URA PH-2 as requested by the City of Phoenix.Amend Chapter 5 to Include findings and conclusions consistent with those found on pages 1292-1332 of record.Amend land use distribution and supply tables and text throughout Regional Plan accordingly.Amend maps in Volume 3 accordingly. June 29,2011 _ Jackson County Planning Commission - Page 5 of 7 Regional Problem Solving(LRP2009-00010) 22. Add URA PH-1A as requested by the City of Phoenix.Amend Chapter 5 to Include findings and conclusions consistent with those found on pages 1292-1332 of record;however the land use distribution for PH-1A shall be 100%employment.Amend supply tables and text throughout Regional Plan accordingly.Amend maps in Volume 3 accordingly. 99 Add west...1..+n9 .. of 99 .. ..I on nu 4 9 d by h City ,f h I 00 Ots 10 900, 1909, 199(� 1991).Amend ChapteF 5 to iRG!ude findings and renclusions conAlOPRI them rn nd n pages 1292 1901 of rncnrd.. th a ..d.......1. the OAcluded acFeage.AFnen d . . I id text thF8WghOUt R@Olanal Plan acEaFelingly.Amend maps In Volume 3 acewdingly. 24. Amend Volume 1, Chapter 5,Section 2.9(page 1988 of record)to add the following: PH-S.Prior to the expansion of the Phoenix Urban Growth Boundary Into PH-5, the City shall adopt standards to create visual distinction between the City of Phoenix and the City of Medford. 25. Amend proposed URA PH-5 to remove'an approximately 25 acre parcel located north of Campbell Road(Tax Lot 38-iW-03-103).Amend maps in Volume 3 accordingly based upon Goal 14 locational factors and need to provide physical buffer between Phoenix and Medford to meet Problem Statement#3 and Goal#3 of the Regional Plan. 26. Amend pFoposed WRA MI) S tO FeFAE)V@ the peFtlens of TaxLets 38 1W 04 400 and 501 located seuth of the Campbell Read laMude. (Total removal Of appFOXIfflately 105 gFess aGFes a appFOximately 105"FeasaRalaly developable"arFes).Amend maps IR VeluMe 3 according! based upon Goal 14 i fa Gtors and need 1n n _.ad,.physical h Ke.hPOA PP.. Phoenix PA 27. Amend proposed URA MD-1 to add all Tax Lots located south of the East Gregory Road latitude. (Total addition of approximately 493 gross acres or approximately 405"reasonably developable' acres).Amend maps in Volume 3 accordingly based upon Urban Reserve Rule prioritization and Goal 14 locational factors. 28. Amend proposed URA MD-6 to remove all Tax Lots besides the Rural Residential Tax Lots located immediately south of Myers Lane. (Total removal of approximately 131 gross acres or approximately 121"reasonably developable'acres).Amend maps In Volume 3 accordingly based upon RLRC designation, Urban Reserve Rule,and Goal 14 locational factors. 29. Remove URA MD-7mld. (Total removal of approximately 143 gross acres or approximately 140 "reasonably developable"acres).Amend maps in Volume 3 accordingly based upon RLRC designation, Urban Reserve Rule,and Goal 14 locational factors. i 30. Amend proposed URA MD-9 to remove the parcels located north of Finley Road (Tax Lots 37- 2W-23-4700 and 37-2W-26AB-100). (Total removal of approximately 10 gross acres or approximately 10"reasonably developable"acres).Amend maps In Volume 3 accordingly based upon RLRC designation, Urban Reserve Rule, and Goal 14 locational factors. June 29,2011 Jackson County Planning Commission Page 6 of 7 Regional Problem Solving(LRP2009-OOOIO) 31. Amend proposed URA MD-9 to add property south of Highway 238(Tax Lots 37-2W-238D-2100, 2200 and 2300, and 37-2W-23.1502), property west of the current UGB on West Main Street (Tax Lots 37-2W-268-102 and 103,37-2W-27DA-800,801, 802,and 803)and property zoned Urban Residential which Iles adjacent to those aforementioned properties. (Total addition of approximately 175 gross acres or approximately 89"reasonably developable'acres).Amend maps In Volume 3 accordingly based upon RLRC designation, Urban Reserve Rule, and Goal 14 locational factors.Amend Community Buffer maps in Volume 2 to remove area from Community Buffer. i i I June 29,1011 Jackson County Planning Commission Page 7 of 7 Regional Problem Solving(LRP2009-00010) One-Page Summary Farmland Conservation Program Proposal by Rogue Advocates Jackson County Farmland Conservation Program Over a decade ago a group of farmers and concerned citizens came together to determine how to conserve farmland in Jackson County.They understood that if the county was to remain a thriving agricultural region,the best farmland in the area had to be protected from ever-increasing urban sprawl.They developed an outline for a conservation strategy,which would designate and protect the region's best farmland through a farmland conservation"overlay,"then allow future population growth in all other areas.This strategy was documented in a publication called"Our Region." The Our Region idea caught on countywide and before long it morphed into another process called the"Bear Creek Regional Problem Solving Plan,"or"RPS."Through the RPS process,the cities in the Bear Creek watershed and Jackson County have been working together to outline a plan for future growth in the county.The county is projected to double its population in the next 50 years,and one of the main goals of RPS is to conserve the county's resource lands in the face of this rapid growth. Unfortunately the RPS draft plan,which was made public last year for review,fails to accomplish its stated goal of preserving farmland.The plan designates 8,500 acres of rural lands as"Urban Reserve Areas" (URAs),which are areas that will be urbanized in the next 50 years.Of those,7,000 acres are zoned for"Exclusive Farm Use"(EFU)and 1,200 acres of those EFU lands have been determined by RPS's own "Resource Lands Review Committee"to be part of the region's commercial agricultural base.Called"RLRC"lands,these lands are the cream of the crop of farmland,typically being irrigated Class I and Class 11 soils.Oregon law makes clear that development on these high value farmlands should only occur as a last resort Rogue Advocates,1000 Friends of Oregon,other groups,individuals and farmers have been working together over the past year to voice our concerns about the high amount of farmlands that are to be converted for urbanization through this plan.While we have advocated for conserving rather than converting a vast potion of these farmlands,these lands still remain designated for future urban growth. ..So what now? Another mechanism for preserving farmland exists,which is already being done in California and other states across the country,and is a proven powerful tool for conserving farmland.We are now seeking to incorporate this mechanism into the RPS plan. Referred to as"farmland mitigation,"this mechanism requires that when farmland is developed for urban uses,the developer must mitigate for the loss of that farmland by establishing a conservation easement on other farmland. Conservation easements have the beauty of permanently protecting farmland while providing substantial financial benefits to farmers who volunteer to have their land in easement status. i I Our specific proposal for Jackson County requests the following:That whenever farmland in the URAs is annexed for urban development,that the developer mitigate for that loss by protecting farmland close to but outside of the URAs.The developer would have two choices: 1)work directly with and pay a willing landowner to establish a farmland conservation easement;or 2)pay a "mitigation fee"to the county,which would establish a farmland conservation easement itself. Either way,this plan would ensure that anytime farmland in the URAs is lost,that other farmland threatened by development pressure is permanently preserved. Rogue Advocates is presenting this proposal to the Jackson County Planning Commission at the next RPS hearing on February 241h and is looking for support of this plan! Letters of support addressed to the commission are strongly encouraged. Please send them to the email address below. For more information about this proposed program or to get a full copy of the proposal,please' contact Sarah Vaile,Program Director for Rogue Advocates,at saraligrogueadvocates org or(541) 261-7836. CITY OF ASHLAND Council Communication Fiscal Year 2010-2011 Fourth Quarter Financial Report: April - June 2011 Meeting Date: August 16, 2011 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Cd Estimated Time: 15 Minutes Question: Does Council accept the quarterly report as presented? Staff Recommendation: Staff recommends that Council accept the quarterly report as presented. Background: This is the quarterly financial report for the City (including Parks & Recreation), providing preliminary end-of-year information (unaudited and unadjusted) on the financial position of the City, relating to cash & investments and budgetary revenues & expenditures. The City Recorder has prepared a report on investments and activity, which is attached. Financial numbers for the fourth quarter are good indicators of budget compliance. Enough time has elapsed to evaluate the City's position in relationship to adjusted appropriations for the year according to Oregon Budget Law. No changes to appropriations can be made after June 30 and no budget violations have been identified at his time. Consistent with the prior quarterly reports for this year, cash is higher than prior years' amounts. The amount restricted remains high due to few capital projects using restricted funds, but the percentage of the total has dropped, which means the unrestricted portion is growing in total dollars and/or proportion. The current percentage of unrestricted is 52.5% at $12,148,726, as compared to. $11,738,731 last year and 42% of the total in 2009. This change is an indicator of improved financial viability of the City as a whole. The concerted effort to restore operating fund balances included the following steps: 1. Completing required projects and not starting new ones without an existing funding source. 2. Cutting operational expenditures to correspond with reductions in related revenue streams. 3. Raising rates or adjusting fees where necessary to cover cost and balance the budget. For FY 2010-2011 Operating Revenues are at 92.6% of budget and $4.7 million more than the prior year. Budgetary Resources for the current year are $1.7 million more than those in the prior year due to internal transfers and borrowing, but consistent with those transactions from FY 2009. They are $3.9 million below budget this year, also due to no borrowing. No borrowing is a reflection of fewer projects being done that cannot be funded by current reserves. Page 1 of 7 CITY OF ASHLAND Total Unappropriated Ending Fund balance for the year is $22,265,182. This is $800,000 above the prior year. It is also $4.8 million above what was budgeted. The increase is a direct result of the added revenue identified above, holding operational expenditures flat, and reducing the amount spent on capital equipment and projects. This year's numbers will improve as the books are closed over the next few weeks. Greater details on these changes are provided in the Financial Narrative provided with this report. Unaudited, detailed balance sheets and revenue and expenditure reports are available for your review in the Administrative Services Department should you require any additional information. This report includes preliminary numbers that are certain to change before the audit is complete. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix. Council Options: Council may accept this report as presented, recommend modifications as discussed, or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the financial report as presented. B. Council moves to accept the report as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Attached is the City of Ashland preliminary financial report for the period ended June 30, 2011. This report includes: 1. Financial Narrative 2. Summary of Cash and Investments as of June 30 for the last two years 3. Statement of Revenues and Expenditures - City Wide 4. Schedule of Revenues by Fund 5. Schedule of Budgetary Compliance per Resolution #2010-16 amended by Council action for supplemental budgets and transfers of appropriations 6. Schedule of Expenditures by Fund 7. City Recorder's Investment Report The numbers presented are unaudited and unadjusted. Page 2 of 7 Wr, CITY OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has "improved" again to $23,142,997 - - a $1.4 million or 6.3% increase over the prior year, while the prior year's cash balance increased 12%, changing the preceding several years' trend of decreases. Fiscal restraint that combined reduced expenses, capital endeavors and specific increases where needed, is responsible for this improvement. Each fund's cash balance varies for its own reasons. Significant increases were in the General, Reserve, Electric, Central, Equipment and Parks funds. In all of these funds, the City held the line on costs or expenditures were reduced, which improved cash balances. Some of that cash may be restricted from use, such as systems development charges or other constraints that require holding the money for future expenditures. Significant decreases in the Street, Wastewater and Telecommunications funds indicate reductions in cash to meet ongoing commitments, such as capital and debt service. Street and Wastewater require a close watch due to SDC reserves, but Telecommunications' reduction was budgeted. The net distribution of cash and investment balances has changed dramatically between years. The key differences at June 30, 2011, are a $9.9 million increase in the Local Government Investment Pool and $7.5 million less in other investments. The LGIP now consists of 92% of all cash, compared to the prior year when it was 52%. The amount held in bank accounts is $935,158, or about half of what was recorded at this time one year ago. The Summary presents two charts for the reader to consider: percentage of cash distribution by fund types and levels of restriction. The Statement of Revenues and Expenditures — City Wide is similar to presentations in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $22.3 million, or$800,000 more than last year at this time, reflecting a positive balance between all resources and all requirements. The EFB is 27.8% more than what was budgeted. The primary reason for the difference is that very little in capital projects was done in the year, departments held the line on operational spending, and many revenues held constant or improved despite the reductions in expenses. The improved fund balance includes significant shifts in revenues and expenses as identified above. One key factor is the $6.2 million less than budgeted expenditures on capital projects that contributed to the improved EFB. However, delays in capital projects will have a detrimental effect on the following year's EFB. Revenues and Budgetary Resources at June 30, 2011, total $61,445,233 as compared to total year-to- date requirements of$61,487,321, which results in a $42,088 decrease to Unappropriated Ending Fund Balance. The difference from the amended budget reduction of$3,318,278 is a $3.3 million positive variance. Since all accruals are not completed, including the normally late F&B and TOT taxes, this variance is likely to improve when the final report is issued. FY 2010-2011 Total Revenues on a city-wide basis are up $2.36 million from the prior year, but $4.7 million down from this year's budget. The increase is primarily due to tax and utility rate increases and the key shortfall in revenue to budget is Intergovernmental Revenues for project grants and loans Page 3 of 7 CITY OF ASHLAND that were not able to be utilized during the year. The same can be said for Budgetary Resources where very little of the anticipated capital financing took place. Total Requirements are at 83.8% of the annual budget, with Personal Services at 95.2% and Materials and Services (M&S) at 93.9%. These percentages of budget are consistent with activities for the year, but the Personal Services percentage is lower than for the prior year due to several significant positions remaining unfilled. The M&S percentage is over 3% higher than the prior year, indicating tighter budgets and consistent operational costs. Debt Service is only 88.9% since the City budgeted for additional payments on monies borrowed but did not finance the projects. The City did pay off the balance of the state loan on the CDES building as budgeted, which is a key portion of total debt service being $484,000 more this year over last. Capital Outlay is only 37.6% of the annual budget, but is $2.5 million more than the amount expended in the prior year. This represents some improvement in capital project performance and equipment replacement expenditures, but the low expenditure percentage compared to budget tells us that many projects are delayed due to weather, financing or other obstacles. Budgetary Requirements activity includes $758,000 in Interfund loans, such as the approval to lend money from the Equipment Fund to the Water Fund for cash flow purposes arising from lower than anticipated water sales. Transfers Out is at 91.8% and primarily represents funds sharing in debt service payments. With Council approval, Contingency was reduced to $1,049,716 (42%) from $1,813,041 during the year for unanticipated expenses. The Schedule of Revenues by Fund provides an overview of total resources by fund for the year. The Reserve, Airport, Telecommunications, Equipment, and Parks & Recreation funds all recorded higher revenues than budgeted. The largest percentage is due to the additional amount of prior year carry forward set aside in the Reserve Fund. City-wide, the percent received is 92.2% of budget, which is 2% better than the prior year. The $7.1 million not received is split between Intergovernmental Revenues, Charges for Services, some franchise taxes and financing proceeds not obtained. More telling information is found later in this report, in the individual fund statement narratives, to help the reader get a "sense" of how the year transpired. The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund, consistent with the resolution that adopted appropriations for the year (see the compliance section of the budget document.) Appropriations are as adopted, except for those adjusted by the resolutions identified in the heading. The identified resolutions represent supplemental budgets and transfers of appropriations, to remain compliant with Oregon Budget Law. Most departments and many funds had appropriations adjusted through a supplemental budget for new revenue streams such as grants or loans or unusual expenses that were addressed by a transfer from Contingency. The increased number of budgets changed indicates new revenue streams are being pursued to fund programs and that the reduced budgets leave no room for error, often forcing "just in case" transfers of appropriations for things that previously would not have been an issue. No budget violations for FY 2010-2011 have been recorded at this time. Page 4 of 7 CITY OF ASHLAND The Schedule of Expenditures by Fund is a summary report that balances the schedule for revenues on page 3. The total percentage of this report is 92.2% of budget expended. Last year it was 93.3%. The reader should consider the information provided below for a better understanding of revenues and expenditures to date. An overview by fund is as follows: General Fund—Total revenues are 99.6% and expenditures are 95.6%, with $62,216 in Contingency unused. Taxes, Intergovernmental and Transfers in from the Cemetery Fund were under 100%, but all other categories (including Licenses & Permits, Charges for Services, Fines, Interest Earnings, and Miscellaneous) exceeded budgeted amounts. In part, this is due to conservative budgeting for less- than-reliable revenues streams such as permits (the actual dollar amount received was flat between years), interest (up a little), and miscellaneous revenues (significant forfeitures). Expenditures exceed all revenues by less than $5,000 (even with the $360,500 transfer to the reserve) holding the EFB constant, instead of the budgeted $628,174 reduction. This is approximately $285,000 better than the prior year. At this time, the EFB is 67%better than the revised budget. The EFB is 98% of target for the carry forward into FY 2011-2012, but will certainly improve with accruals and other adjustments. CDBG Fund — Actual Revenue and Expenditures are well below budget and consistent with activities for the year. The EFB is $37,167, and that will carry forward to FY 2011-2012 to fund projects. No carry forward was anticipated. Reserve Fund—Newly created last year, the balance is $509,502, with the additional transfer of $360,500 from the General Fund. The carry forward is on target for FY 2011-2012. Street Fund — A negative cash flow of$523,723 is 20% or $130,000 better than budgeted. None of the $1,060,190 financing has been done for projects and the Charges for Services came in at 97.9%, even though rate increases were not done. EFB is at 104.4% of budget, but short of the anticipated carry forward of$2.5 million. That situation is likely to change when F&B accruals for Open Space needs are finalized through the audit. Airport Fund —A positive variance has been recorded for both Revenue and Expenditures. The increased revenues and decreased expenditures still yielded a $11,732 increase in EFB. The carry forward into FY 2011-2012 will be $1,300 more than the budgeted $42,573. Capital Improvements Fund —Total Revenues are 45.3%, with Charges for services at 100%. Miscellaneous Service Fees are 62.1% and interest was only $14,784 or 98.6% of budget. Total expenditures are well below budget at 53.9%, resulting in a negative $696,891 impact on EFB. This impact is actually $64,000 better than anticipated. The Ending Fund Balance is about $600,000 less than projected, and all of that should be made up by the F&B tax accrual (to be recorded before closing the year) and monies to be received on the Jefferson Street project. These adjustments will get the fund carry forward equal to or better than the $2 million budgeted for FY 2011-2012. Page 5 of 7 VI r, CITY OF ASHLAND Debt Service Fund— Total revenues are 93.2%, with Taxes at 105.2%, including prior year recoveries. Internal Charges for services are at 100%. Miscellaneous Service Fees are 34.4% and interest was only$3,312 or 66.2% of budget. Total expenditures are at 93.2% of the budget, resulting in a positive $43,792 cash flow, which is 92.9$ of the $47,145 budgeted. The Ending Fund Balance is just over $805,000, or about one third of what should be held, with the AFN debt budgeted here. The carry forward is $90,000 less than what was budgeted for the ensuing year. Continued prior year recoveries of property taxes and enhanced contributions for AFN debt will help the EFB. Water Fund— Resources ended the year at $5,356,605 or 60.3% of budget. Expenditures were $4,955,986 or 78.3% percent of budget. The result is an increase in EFB of$400,649. This was only possible through an internal loan of$550,000 ($1 million authorized) from the Equipment Fund, to ensure adequate cash flows. The target for carry forward is $2 million, and it is estimated at a little over $2.2 million, with almost all of it restricted. The fund continues to maintain high SDC balances in the EFB, leaving too little unrestricted cash for operations. Water sales were $4.23 million or 89.7%, with operational costs at $4.37 million, before the $586,805 payment on debt service. The cool wet spring and early summer definitely had a negative impact on cash flow. This leaves very little money for capital improvements that do not qualify for 100% SDC.use. Cash reserves are too susceptible to reduced sales due to temperature and precipitation, while fixed costs remain constant. Wastewater Fund —At this point, Revenues have fallen short of Expenses by$597,225. Most of the short fall will be offset by the Food & Beverage tax accrual for the last quarter, restoring cash reserves used to make the DEQ loan payment. The accrual will help the fund exceed the projected $3.1 million EFB carry forward to the next year. Like the Water Fund, the Wastewater Fund has a sizable balance restricted for SDC qualified projects and debt service. Previously, this left too little unrestricted cash for operations, but this situation has improved with refinancing the DEQ loan and rate increases. Electric Fund—Total Revenues exceeded Expenses by $404,008 for the year. The Ending Fund Balance to be carried forward to FY 2011-2012 is approximately $170,000 larger than budgeted, however, that may not be enough to avoid some rate adjustment due to wholesale power costs and other operational increases in expenses. Part of that savings relates to open positions, including the director of the department and the superintendent. The fund also remains susceptible to fluctuations in sales. Unlike the Water Fund, where reduced sales are not offset by significant reductions in operating costs, reduced consumption of power by the customer does save in wholesale power purchases. Like all enterprises, reduced CIP expenditures can harm the fund in the long run, thus underspent budgets may not be as beneficial as perceived. Telecommunications Fund —Total Revenue is at 105.1%. Expenditures (including this fund's $700,000 portion of the Debt Service on AFN GO bonds) are 95.1% of budget and generate a negative cash flow of$411,376 for the year. The EFB with this reduction is $541,940, which is over$260,000 more than was budgeted and $190,000 better than target. The savings relate primarily to unfilled positions and concentrated effort on increasing contract revenue from shared or outsourced operations such as cable TV. The EFB exceeds the budgeted carry forward by approximately $100,000. This Page 6 of 7 CITY OF ASHLAND added amount, stable revenues, adherence to budgeted amounts and limited use of Contingency in FY 2011-2012 will enable this fund to meet its target EFB of$413,000 by 6/30/12. Central Services Fund — Revenues are at 97.8% and Expenditures are at the 91.1%, resulting in a positive cash flow of$237,091, compared to the negative $173,770 budgeted for the year. The positive variance of$411,000 represents unfilled positions in Administration, IT and Public Works, departments intentionally under-spending their budget and most of Contingency going unused. These factors contribute to a carry forward into FY 2011-2012 of$200,000 more than budgeted. Insurance Services Fund — Revenues met budget at 99.3%. Expenditures were kept below 71%, but the fund still experienced only a $21,656 positive cash flow, due to reduced premiums recognizing Ashland's good history. This is a positive variance over budget of$262,000, resulting in a carry forward slightly better than originally budgeted for FY 2010-2011. However, staff recommends that this fund work toward a $1 million EFB, to protect against any sizeable loss that cannot be insured against. Staff will have to monitor this fund over the next few years to rebuild reserves needed to protect against large claims. Equipment Fund— Revenues were 104.8% of the amended budget, including internal payments for future equipment replacements, and Expenditures were 60.4%, resulting in a positive cash flow of $79,067. This is $1.4 million better than budgeted because the fund was budgeted to purchase significant amounts of equipment that could not happen this year, or other solutions were found. The EFB would be $550,000 larger if this fund had not been earmarked to lend money to the Water Fund for cash flow reasons. Council approved up to $1 million to be borrowed, but the EFB carry forward is larger than the amount budgeted despite the loan. Cemetery Trust Fund— Charges for Service are 71.9% of budget. Interest earnings are at 26.5%. Interest earnings are transferred to the General Fund periodically through the year. The Ending Fund Balance is $831,276 and climbing. Parks and Recreation Fund — Revenues finished ahead of Expenditures by $654,408. Thanks to spending being held to 90.4% of budget and Charges for services coming in at $869,831 or 108.7% of budget, the EFB is $2,442,1.89 or$1 million more than projected. Council has already approved a transfer of$349,000 to the Reserve Fund that had to wait for budget authority in FY 2011-2012. Ashland Youth Activities Levy Fund—The levy ended in FY 2008, so Parks only accounts for prior years' delinquent tax receipts and corresponding distributions to the school district from this fund in subsequent years. The amount budgeted should reduce each year until closing the fund is agreed upon. Parks Capital Improvements Fund— Interest earnings, Miscellaneous Fees and Transfers in for projects with no expenditures during the year results in a positive cash flow of$180,003. The EFB is $433,000 or approximately $237,000 more than budgeted and for carry over into FY 2011-2012. These are preliminary numbers that are certain to change before the audit is completed. Unaudited, detailed balance sheets, revenues and expenditures reports, and fund statements are available for your review in the Administrative Services Department should you require any additional information. Page 7 of 7 City of Ashland Summary of Cash and Investments Preliminary 613 012 01 1 Balance Balance Change From Fund Preliminary 613012011 June 30,2010 FY 2010 Genera Fur.c S 3iti1i,999 S 2,719.661 S 225,338 Co^rmunity Block Gram Ford 13,572) '.1,267 (1'1,8'55; Re<:=rve Fun^ 569.681 148.251 361 430 Slree!Fmtd 2r21),264 2.895,502 k.370 2M aimcr!Fund 47,743 23,678 17865 Caoilal irnn:ovemeals Fund 2094,631 2,035,997 1873:;4 Deht Sen'tie Fund. 504,633 755,237 19 356 W;a e:Fund 1,818.877 1,747 429 `..448 .'v4aste;ralrr Fund 2.1151.634 33.047,500 '2961c6) F''eaic.:eund iB26,710 '.330461 ,tc5-,•4c TelecommunicatiansFund 361.989 855,345 (21C-4,56! Con;:a'.,Services Fxid 826+,623 (i 12714 214,A-G Insurzns Services;..una 961:1 i4 967,335 (!1,22 i) eqt:unlent Fund 1,92b,86.1 .534„505 394.359 Cemetery T:w Fund 631,748 807,350 +98 S 20,288.938 S 19.547435 S 741,50'3 Pa'?s S Rcereaeen Agency Fund 2S54,059 2.2!5,098 638.961 2.854,059 2,215,098 638,901 FU:ai i;'ish Dislrloulio„ 5 23,ir,2 gg7 $ 21.76.^,533 S 1,380.464 Manner o!Invesman petty Casil $ - S 3.710 S 13,743) General Banking A-mols 936,158 $ 1,905,182 8 (970,0241 Loral Gevewillenl Inv.Pool 21.207.834 11,340,771 9,857,C48 Uiv Investnlcn!s 11100.000 8,512.867 17,512.8 1-111 Taal Cash and InvQMn.enls E 23,142,997 S 21,762,533 S 1880,464 Dollar Distribution Cash Balance Distribution W �ro,�o� GlBims6 Done u L s. Fai,."t5 cn".in c00.000. x fit "* Sw. E592..552. VOrPSRt 'C a r '30% x4Fk ' 11 c.3 E15bt,4at.,.. \_Aml FO?c.xa _ C11e.a+0.1`i ._ - Omm Resewe.".. EI,U2+C52.?o b Rte. City of Ashland Statement of Revenues and Expenditures - City Wide For the twelfth month ended ,tune 30, 2011 Fiscal Year 2011 Percent Fiscal Year 2010 Year-To-Date Fiscal Year 2011 Collected 1 . Year-To-Date Resource Summary Actuals Amended Expended Balance Actuals Revenues Taxes S 17,611,360 _ 1816;;,580 %'51V. S 165232 0) 17,293,020 Licersas and Pem lLS 4:9,760 +85,325 123,50" 55.435 474.379 Inle(govemmentai Revenues 2;35534 681-.630 40.1?% Charges for Services sale S Internal - 39,606402 io 1399.400 989'.6 tc._998) 35068 r95 Charges for SeNees-Viso,Service tees 483,053 i;tr,,396 93,5% (31,343) x43.:44 Sysiem Deveicpmenl Charges -352,J22 158,576 222.2% 193,715 ",600.287 Pines and Fodeiiures 178,396 165.:00 108.0% 1L,796 182,648 Sssessment Paymems 17,667, 7.495 2361% iu 372 3.292 Interesi on Investment, t57.315 175,296 89.i'll 987) 193,111 Miscellareoas Reven•es .5:3,140 4+,1,589 i3'LO! "59 634,"s 2 Total Revenues 59,365,156 64,105,587 92,61 (4,740 430) 57,004,081 Budgetary Resources: Glher Financina Sources '_-24,400 4_u0%.6% 8.0% (3,723,296) Imedund Loans _ 758,000 1208,000 62.7% (450;IOG1 60,Li°3 Trans"*sill 997,675_ _ 726.503 137.396 271,-.72 469,359_ Total Budgetary Re50luCe5 2080,075 5,9°2.199 34.8°6 13992,124) 549,35-0 Total Resources 61,445,233 70,087,786 87.7% (8.642.554) 57,553.938 Requirements By Classification Personal Sermes 72,264161 23,410,25 95.2% 1,125,794 22,930.627 Malerlals and Services 28,131,670 29,952,024 97.9% 1,814 164 27.066.691 Dem Service 5,246,325_ ti 906,588 P,8.9% 65&263 4,76.44G9 Total Operating Expenditures 55,670,656 59,268.863 919% 3,596,201 53,891,697 Caoilal Construction Capizol Ouiay 4.060,988 10,792,482 37,6% 9.731494 1,587,518 Inledund i.oans 758.000 ',2-)S,OD0 627% 45 .000 50,C30 Trans'ers Call 997,675 1,0971103 91.8% 69,?n 469,359 Contingencies 1,049.716 0,0`.0 1,049,716 Total Budgetary Requirements 1.75!7.675 -344,719 525% 1,589,044 549,1.59 Total Requirements 61,487,321 73,406,064 83.8% 11,918,745 56,022,569 . Exca s(Deficiency;of Resources over Requirements (42,088) ;3_08,M) 967% 3,276.`90 1,530.;69 Working Capital Carryover 22.307,211 _ 20,734,348 107.6`.1 _ 1S%2923 1 9,935.262 Unappropriated Ending Fund Balance $ 22,265,182 S 17,416,070 127.8% 5 4,849.112 $ 21.466.131 c City of Ashland Schedule of Revenues By Fund For the twelfth month ended June 30. 2011 Fiscal Year 2011 Fiscal Year 2010 Year-To-Date Fiscal Year Percent to Year-To-Date Revenues by Fund Actuals 2011 Amended Budget Balance Actuals city General Fund 5 14,628,734 S 14,681,274 99.6% < (52,5441 z 13,8'5,203 Cornmunity Block Grant Fund 241,324 413,116 58,4% l71,792i 395,649 Reserve Fund 361,430 1,000 36143.0 0h 360430 1sa,.25 i Street Fund - 3,381,893 6,340,723 53.3% (2,958.830) 31101.902 Airport Fund 109.86662 105.325 104.3% 4.537 108-694 Capital Improvements Func, 1,508,724 3,332,200 453% (1,823,476) 1,619,835 Debt Service F•.md 2,568,1:3 2,754,943 .93.2% (186,800) !,870,241 Water Fund 5,356.605 8,878.354, _. 60.3% (3.521,749) • 4456,829 Wastewater Fund 5!012.546 5.420,831 92.5% 140£285), 4,446 933 Electric Fund 12,565.617 12,678,70( 99.1% i113,0831 12,695,875 _ Telecommunlcalicns Furi 1982,703 1,886,900 1051% 95.803 !,814.510 Central Services Fund 5,7.25,222 5,851,520 97.8% 112E.298) 5.654b58 Insurance Services Fund 663.152 668,000 99.3% (4848) 677,852 Equipment Fund 2,145,916 2,047,200 101.8% 98,716 1488467 Cemetery Trust Fund 29,1CA 40,500 71902 (11,396) 23,36! Total City Components 56,280,977 65,100,586 865% (8,819.6101 52.418.160 Parks and Recreation Component Parks and Recreation Fund 5,135,906 4,927.700 104,2% 208,206 5,007.881 Ashland Youlh.4ctivitiesLevyFund 19,360 25.000 77,4% (5,640) 41.524 Parks Capital Improvement Func 8,990 34,500 26.1°.! ;25,510) 85.£73 Total Parks Components 5.164,257 4,987,200 1"u 3.o% 177,056 5,135,278 Total City 61,445,233 70,087,786 87.7% (8,642,5531 57,553,438 Working Capital Carryover 22,307.271 20,734,348 107.6% 1,5729233 19.935262 Total Budget $ 83,752.503 5 90,822,134 92.2% $ (7,069,630) 5 77 488,700 amen City of Ashland Schedule of Budgetary Compliance Per Resolution #2010-16 As Amended by Resolution # 2010-26, 2010-30, 2011-03, 2011-11 2011-14 For the twelfth month ended June 30, 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2011 Percent Actuals Amended Used Balance General Fund .Administration $ 187,899 S 191,234 95,6%; - 8.385 Administration-Library 355,132 365,740 97.7`0 10,608 Administration-Municipal Court 431,229 439,986 98.0:0 8,757 Administrative Services-Social Services Grams 118.558 • 120,342 98.5::%; 1,784 Administrative Services-Economic S CUlnual Grants 571,455 591,240 96.7°.; 19.785 Administrative Services-i;liseellarrous 61,012 70,000 872 , 8.988 Administrative Services-Band 56,214 57,619 97,6% 1,405 Police Department 5,225,219 5,581,235 93.6`; 356,016 Fire and Rescue Department 524.2,569 5,321,188 98.54; 78.6i9 Public Works.Cemetery Division 297,270 312.525 95.1°%; 15,255 Community Development pent-Planning Division 1.140.838 1.186,027 96.2% 45,189 Community Development-Building Division 588,856 649,048 90.7°.<�. 60,190 Transfers 361,000 361,000 100.0`,1< - Contingency - 62.21E 0.0 622':6 Total General Fund 14632,250 15.309.448 95.655 677,198 Community_Development Block Grant Fund PersonalSerices ,556 41,556 - Materials and Services 200,025 371,560 53.8°a 171.535 Total Community Development Grant Fund 2.11,561 413,116 58.V` 171,535 Street Fund Public Works-Street Operations 2,918264 4,626,259 fi2.9`4 1,715,995 Public Works-Storm Water Operations 586.70.1 655,528 89.551 68,824 Public Works-Transportation SDC's 196,265 521,810 31.6`: 325.545 Public Works�Storm Water SDC's 37,0,57 95.555 38.8% 58,498 Pubiic Works-Local Improvemert Districts 175,326 533,938 32.811:. 358,612 Debt - - 39400 0,0`, 394,000 Transfers 74,000 0.0% 74,000 Contingency - 93.000 0.0% 93.000 Total Street Fund 3,905,616 13,994.090 55,8°'0 3,088,474 Airport Fund Materials and Services 59,595 63,750 93.5% - 4.155 Debt Service 38,536 43,537 88,554. 5,001 Total Airport Fund 48,131 107,28; 91.5`,; 9,156 Schedule of Budgetary Compliance Per Resolution #2010-16 As Amended by Resolution # 2010-26, 2010-30, 2011-03, 2011-11 2011-14 For the twelfth month ended June 30,2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2011 Percent Actuals Amended Used Balance Capital Improvements Fund PublicWorks-Facilities 1,308,919 2,802.752 46.1°%0 1,493,833 Administrative Services-Parks Open Space 57,645 400 NO 342,355 Transfers 631,051 632.003 99.8% 952 Other Financing Uses(lnteriund Lean) 208,000 206,000 100.0% - Contingency - 50.000 0.0% 50,000 Total Capital Improvements Fund 2,205.614 4.092755 519% 1.887,141 Debt Service Fund Deb(Service 2,524,351 2,707,798 93.2°5 183.447 Total Debt Service Fund 2,524,351 2,707.79$ 93.29 183.441 Water Fund Electric-Conservation 175,448 183,565 95.6% 8,117 Public Works-Forest Lands Management Division 368,873 450,178 81.9% 81,305 Public Works-'Water Supply, 283,735 826,056 34.31& 542.321 PublicWorks-Water Treatment - 989,210 1,073,597 92.1% °x"-,387 Public Works-Water Division 2.284,214 2,439,533 933.6% 155.319 Emilie Works-Reimbursement SCD's 94,864 231,000 41,1% 136.136 PublicWorks-ImprownrentSDC's 47,815 227.500 21.0% 1;9,685 Public Works-Debt SDC's 124,992 124.995 100.0% 3 Debt Service 586,805 635,867 9 1,3015 49.062 Contingency 140,000 0.0°1 140,000 Total Water Fund 4955956 6,332,291 78.394 1,376.335 Wastewater Fund PublicWorks-Wastewater Collection 1,550.887 1,847,808 83.91,11: 296,921 Public Works-Wastewater Treatment 1,942924 2,018,245 96.3% 75,321 Public Works-Reimbursements SEC's - 2,255 21,250 10.60:+ 18,995 Puhlic Works-Improvements SDCS 193,471 553.500 35.0% 360030 Debi Service !,920,235 1975,554 97.2'5 55.319 Contingercy - 2,000 . 0.0`.! 1000 Total Wastewater Fund 5,609.771 6,418.357 870% 808,586 Electric Fund Electric-Conservation Dl vision 546.776 574021 95.20., 27.645 Electric-Supply _ 5,573,812 5.685,204 98.0% 111.392 Electric-Distribution 5,202,172 5.608.981 92.7`1- 406.809 E!ect;ic-Transmission 814.013 900.000 90.4'% 85,987 . Debt Service 24,836 24.837 0.0% Comingenry - 278,000 0.0% 278,000 Total Electric Fund 12,161,609 13,071,443 93.05b 909,834 12 ,.,,IYll fnsru ayy, , Schedule of Budgetary Compliance Per Resolution #2010-16 As Amended by Resolution # 2010-26, 2010-30, 2011-03, 2011-11 2011-14 For the twelfth month ended June 30, 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2011 Percent Actuals Amended Used Balance Telecommunications Fund IT-Internet "• 1,341,456 1,388,389 96.6% 66,933 IT-High Speed Access 352,622 377,816 93,3% 25,194 Debt To Debi Service Fund '" 700,000 700.000 100.0% - Contingency - 50,000 M% 50.000 Total,Telecommunications Fund 2,394,078 2,516;205 951°/ 122,127 Note:in infarnet appropriation Central Services Fund Administration Department 1,190,41N) 1,362.309 87.4% 171900 IT-Computer Services Division 1,104,620 1,149.409 96.1% 4.7,789 Administrative Serv!ces Department 1,601600 1,692.363 94.6% 90,7E City Recorder .. 299,474 305,725 98,01io 6,251 Public Works-Administration and Engineering 1,292,028 1,38S.984 93.0% 97,950 Contingency 125.500 0.0% 125,500 Total Central Services Fund 5488,131 6,025.290 91.1110 537,159 Insurance Services Fund PersonalServces 111,145 82,290 937% 5,145 Materials and Services 564,351 680,803 62.9% 116.452 Ccntingency - 145,000 0.0`k 145,000 Total Insurance Services Fund "641496 908.093 70.6% 26659' Equipment Fund Public Works-Maintenance 976.829 991,374 98-5'"0 14,545 Public Works-Purchasing and Acquisition 540,C21 1,374,500 39.3% 834;779 Interfund Loan 550,000 1,000,000 55,0% 450 IOC Contingency 54,000 0.0% 54,000 Total Equipment Fund 2,066850 3,419,874 604°%o 1353,024 Cemetery Trust Fund Transfers __ 5.625 20,000 28.1% 1..4,375 Total Cemetery Trust Fund 5,625 20:000 28.1% 14,375 ,vm„ Schedule of Budgetary Compliance Per Resolution #2010-16 As Amended by Resolution # 2010-26, 2010-30, 2011-03, 2011-11 2011-14 For the twelfth month ended June 30, 2011 Fiscal Year 2011 Year-To-Date Fiscal Year 2011 Percent Actuals Amended Used Balance Parks and Recreation Fund ParksClvision 3,136,823. 3,417,482 91.8% 280,659 Recreation Division 1,070.806 1,074,672 96.8°, 33,866 Golf Division 303,868 415,507 73.7 Z, 111,639 Contingency - 50,000 0,T, 5D,000 Total Parks and Recreation Fund 4481498 4,957,661 90.4'x, 976,163 Youth Activities Levy Fund ' alerias and Services 30,,776 42,356 2.7"- Total Youth Activities Levy Fund 30.776 42,356 72.730 11,580 Parks Capital Improvement Fund Capital Clullay 43.987 '0,000 62.83 26.013 Total Parks Capital improvement Fund 43,987 70,000 62.8"' 25,013 Total Appropriations 5 61487,321 5 13,406,064 83.8% 5 11,918.743 14 City of Ashland Schedule of Expenditures By Fund Preliminary 6/30/2011 Fiscal Year 2011 Fiscal Year 2010 Year-To-Date Fiscal Year Percent Year-To-Date Requirements by Fund Acluals 2011 Amended Expended Balance Actuals City Funds General Fund { 14,632;250 $ 15.309,448 95.6°1 S 677,198 $ 13,816.065 Community Block Grant Fund 241,581 413,116 58.5% 171,535 430,843 Reserve Fund - - N/A - Stree:Fund 3,905,616 6.994,090 55.8% 3,088,474 2,603,645 Airport Fund 98,131 107,287 91.5% 9,156 186,616 Capital Improvements Fund 2,205,614 4,092.755 53.9% 1,887,141 1,085,695 Debt Service Fund 2;524,351 2]07,798 93.2% 183,447 2,191,182 Water Fund 4.955,956 6,332,291 78.3% 1.376,335 4,926,022 Wastewater Fund 5,609,771 6,418,357 87.4/0 808,586 4,997,411 Electric Fund 12,161.609 13,071.443 93.0%, 909,834 12,178,206 TelecommunicationsFund 2,394.078 2,516,205 95.1% '22,•127 1,787,420 Central Services Fund 5,488,131 61025,290 91.1% 537,159 5,572.610 Insurance Services Fund 541.496 908,093 70.6% 266,597 ;24,700 Equipmer;Fund 2,0667850 3.419.874 60.401 1.353.024 814,398 Cemetery Trust Fund 5,625 20.000 28.1% 14,375 7,171 Total City Components 56,931,059 68,336,047 83.3% 11,404,988 51,381,983 Parks and Recreation Component Parks and Recreation Fund 4,481,498 4,557,661 90.4% 476,163 4,597,150 Youth Activities Levy Fund 30,776 42,356 723;" 11,580 43,436 Parks Capital Improvements Fund 43,987 7C 000 62.8% 26.00 Total Parks Components 4,556,261 5,070,017 89.9% 513,756 4,640,585 Total Requirements by Fund 61,487;321 73,406,064 818% 11,918,743 56,022,569 ' Ending Fund Balance 22,265,182 17416,070 127.80%3 4.849,112 21,4.66,131 Total Budget $ 83,752,503 5 90,822,134 92.2% $ 16,767,856 4 77,488,700 15 CITY OF ASHLAND Memo DATE: July 25, 2011 TO: Mayor and City Council FROM: Barbara Christensen, City Recorder/Treasurer RE: Investments—period ending June 30, 2011 — Overview Taking into consideration the current market for investment purposes and prior questions regarding changes in the amount kept in the Local Government Investment Pool (LGIP) the following information is provided to you for your information. Comparisons from last year 2010 2011 Total City of Ashland Portfolio $19,734,019.26 $22,117,344.71 Total balance LGIP $11,221,152.04 $ 21,117,344.71 Total balance in other Securities $ 8,512,867.00 $ 1,000,000.00 The percentage held in LGIP for 2010 was 57% as compared to 95% for 2011. This percentage changes throughout the year as various securities mature and are purchased. The current interest rate for the LGIP is .50 % compared to last year at .55% The policy of the City of Ashland is to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands and conforming to all state and local statutes governing the investment of public funds. The Investment Policy applies to both the City of Ashland and Ashland Parks & Recreation. The primary objective of the City of Ashland Investment activities are the following: Legality, Liquidity, Diversification and Yield. The portfolio follows the approved current Investment Policy. More detail information is available upon request. City Hall City Recordees Office Tel:541-488-5307 20 E Main Fax:541-552-2059 Ashland,Oregon 97520 TTY:800-735-2900 w .ashland.or.us