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2011-0920 Council Mtg PACKET
C I T Y OF ASHLAND Important: 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 permuting,the Presiding Officer may allow oral testimony. If you wish to speak,please fill 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 lime 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 September 20, 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.] 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Special Meeting of August 30, 2011 2. Regular Meeting of September 6, 2011 VI. SPECIAL PRESENTATIONS & AWARDS None VII. CONSENT AGENDA [5 minutes] 1. Will Council approve the minutes of City Boards, Commissions, and Committees? 2. Will Council approve three grant applications to fund future Public Works and Parks and Recreation Department projects and programs? 3. Will Council accept the update on Council Goals as presented? 4. Does Council wish to confirm the Mayor's appointment of James Berge to the Forest Lands Commission with a term to expire April 30, 2012? 5. Does Council wish to confirm the Mayor's addition of membership to the Public Arts Commission for a Student Liaison? 6. Will Council approve a 12 month lease if property at 5 Water Street located at the corner of "B" and Water Streets? 7. Will Council approve an agreement with the Oregon Department of Transportation to fund the Walker Avenue Safe Routes to School project under the Congestion Mitigation and Air Quality program? 8. Should Council authorize an agreement with The Waters Consulting Group, Inc. for professional recruitment services at a bid price of $21,500 plus direct reimbursement ofexpenses? COL NCIL MEETINGS ARE: BROADCAST LIVE ON CI IANNEL 9 VISI 1"1-I11 CI Y OF ASHLAND'S 1VE13 Sl I L: A'I' VA'\0 1V'.ASI IL,ANI�.OR.US 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. Will Council raise electric rates by 4% effective October 20, 2011 to address an increase in wholesale power rates from Bonneville Power Administration? [30 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 Xl. NEW AND MISCELLANEOUS BUSINESS 1. Whom will Council designate as the voting delegate and alternate delegate for the annual League of Oregon Cities membership meeting, occurring on October 1, 2011? [5 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Report from Council Silbiger on Ashland Community Hospital. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL VIF.FTINGS ARF. BROADCAS'F UVE ON C HANN61. 9 V1S1'1 THE CITY OF ASHLAND'S \\1:13 SI LI;AT 4k\VW.ASI ILAND_0R.1 IS ANHLANU U17'r CUUNC 71,MLL77NCi August 30, 2011 Page I of 10 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL August 30, 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 Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. PUBLIC HEARINGS 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 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? Public Hearing continued from August 16, 2011. Kim Clark, General Manager Mt. Ashland Association/693 Washington Street/Explained MAA requested the Special Use Permit (SUP) for the fiscal and operational health of the Mt. Ashland Ski Resort. It would satisfy the 1991-1992 condition the SUP went to the MAA once they achieved 501c3 Non-Profit status. MAA did not think the City should receive payment for assets since it had not contributed funds towards the purchase of the ski resort. Nor did they intend to sell to an outside investor once they obtained the SUP. Per 501 c3 status, they could only give the operation to another non-profit or a municipality. The City would receive all assets in the event of dissolution. Colin Swales/143 Eighth Street/Read a document submitted into the record comparing the MAA with the Oregon Shakespeare Festival, their lease from the City, subsequent expansion issues and urged Council to retain the SUP. Shahi Catranides/321 Clay Street/Shared her enjoyment of snowboarding and hiking on Mt. Ashland. She wanted the ski lodge to be more accommodating to children and families. Ashland was a gem with unique biology. Katharine Flanagan/110 East Main Street/Supported the City relinquishing the SUP to MAA who were the true stewards of the land. She explained her affiliation with Ml. Ashland and described how it was a recreational and educational asset to Southern Oregon. Dana Fortmiller/498 Clinton Street/Shared the skills she acquired growing up skiing Mi. Ashland. She asked the Council to relinquish the SUP to MAA so they could further develop the area for recreational and education purposes. Ray Cato/425 Morton Street/Supported MAA obtaining the SUP and explained why MAA did not receive the SUP originally. The City could incur liabilities by retaining the SUP. MAA was committed to providing the finest service for winter recreation. George Badura/3334 Payne Road, Medford/Read a document submitted into the record that explained the damage due to runoff, down cutting and erosion the expansion would create. ASHLAND(:11 Y (.'UUNC:IL MEL77NO August 30, 2011 Page 2 of 10 Vanston Shaw/180 Lithia Way/Skied Mt. Ashland frequently and based on information he reviewed, thought Council should relinquish the SUP to MAA. He did not see the need for the City to maintain the SUP and giving it to MAA would allow them to attract donors for operations, enhancements and the expansion. Luke Reudiger/17607 Elliot Creek Road/Having the City retain the SUP allowed them to manage in an ecological, economical, and socially responsible manner and hold the resort owners accountable to the people. In contrast, the expansion was controversial and had polarized the community. Transferring the permit to MAA would violate the trust the people bestowed on the City. The discussion that it would reduce liability was fictional. Catie Faryl/1670 Ashland Street/Protecting resources was important and it was highly unlikely Mt. Ashland would experience the heavy snow pack it has in the past. She thought the ski area was adequate as is. She had concerns retaining forestland in its current state and that 90%of forestland was owned privately or federally. Ada Rivera/7779 Rapp Lane, Talent/Commented on the disinformation campaign that had been in effect for years regarding the expansion. The City was supportive in keeping the ski area operational in the early 1990s. MAA had an excellent compliance record in all aspects of ski management. The MAA should hold the SUP. She encouraged Council to consider the facts when rendering a decision. Lindea Kirschner/360 Merrill Street/Asked Council to retain the SUP. There was a need to find out if new information supported MAA's old conclusions or if they were endangering the watershed and town. MAA had sued the City and subsequently cost taxpayers $400,000. The public will not benefit from MAA altering the fragile middle branch of the watershed. She trusted the City would protect the watershed. Auro-Free Vanderwerf/530 Maple Way/Moved to Ashland for the pristine area and water. She loved skiing Mt. Ashland and liked that it was small and contained. The proposed ski runs would destroy trees 700 years old. She implored Council to keep the area precious and small, Rivers Brown/]067 Ashland Street/Read a document submitted into the record that stated it was risky business to scar up the source of drinking water. The business model and the MAA Board of directors were inept and the Mountain unstable. He urged Council to retain the SUP. Steve Pierce/700 Butler Creek Rd/Urged Council to turn over the SUP to MAA and noted the City originally never intended to become the operator. Under the City's lease, the City had no control over ski operations or the expansion, and continuing to hold the SUP could lead to liability. It made sense to have MAA hold the SUP. Brian Comnes/444 Park Ridge Place/MAA explored three other options that had no impact on the watershed. He described the damage and loss of 70 acres of old growth trees the expansion will bring. The integrity of Ashland's water supply was the one public interest that trumped all others. If MAA wanted the SUP, they should do it in a way that did not affect the watershed. Barry Tillmar/2301 Siskiyou Boulevard/Recently moved to Ashland because he thought it was a model community. Instead, there was trash on the mountain, politics, a split community, and the potential to lose old growth forest. There were ways to make money in the community. One was looking at how money was leaving the community. Currently the nation was looking at the destabilization of the American economy. Water and stability were very important. Dot Fisher-Smith/945 Oak Street/It was obvious transferring the SUP to MAA was in private interest and not public interest. It was economics versus preserving the environment. The public interest was different from private and it was Council's job to uphold the public's interest. Relinquishing the SUP removed oversight. Removing trees would not improve the watershed. She supported the testimony from Mr. Swales, Mr. Reudiger, Ms. Kirschner, and Mr. Comnes. ANHLANU 1:77Y C UUJVCIL MLL71NO ' August 30, 2077 Page 3 of 10 Suzanne Savoie/17607 Elliott Creek Road, Jacksonville/Opposed the City relinquishing the SUP to MAA. Given the intense community concern regarding issues surrounding MAA, it would be a grave mistake to give them the SUP. MAA was not and would not be accountable to the citizens and therefore not possible to hold them accountable for the egregious plan to clear-cut ancient forest for the benefit of a few. If the City gave up the SUP, it would allow a legacy of environmental destruction and community division. Linda Merryman/631 Spring Creek Drive/Questioned if the Council had the legal authority to transfer the SUP without a vote of the people. Additionally she wondered why a private company would have the right to expand when it could compromise the base of the town's watershed. Diane Werich/563 Walnut Street/Retaining the permit was more than a symbolic gesture. It would speak volumes of who Ashland was and show Council would do whatever it could for the common good of the community, protect the water supply and not a let a narrow interest group supersede the vital interest of the community. She urged Council not to yield the permit or dessert the irreplaceable watershed. Frank Rote/1042 Tamara Circle, Medford/Supported the transfer of the SUP, it would help the MAA survive and make fundraising easier. He noted the use of the words expansion and control during public testimony. Retaining the SUP did not give the City any authority or control over the expansion or ski area. Giving up the SUP relieved the City of potential liability and the City would retain some financial control. Angelika Thusius/897 Beach Street/Spoke for the Grandmothers and Friends in Green. Transferring the SUP to MAA showed direct support of an expansion that would clear cut 70 acres through Ashland's water source. Giving back the SUP to MAA would give them significant control over City property. She asked Council to put retaining the SUP on the ballot. Council should wait and submit the new research on the area to the US Forest Service for their response. No matter who holds the permit the City ultimately will be liable for any cleanup. Theodore Killian/753 Siskiyou Blvd/Spoke against the ski expansion and transferring the SUP. In an age where there were increasing shortages of natural resources, it was absurd and unconscionable the City would approve a project that would clear cut forest areas and poison the water system. He asked Council not to forgo ethics for the sake of capital and private interest and instead adhere to public interest to which they were ultimately accountable. He did not believe hedonistic enjoyment and recreation was a legitimate reason to destroy a portion of the watershed and urged Council to think of future generations. Steve Koskella/215 Scenic Drive/Read a document submitted into the record that explained the wetlands studies were out of date and that a joint fill and removal permit was required by the Army Corps of Engineers (Corps)and Department of State Lands (DSL)prior to any ground disturbing activities. Additionally, the Memo of Understanding (MOU) between the US Forest Service and the Corps regarding timber harvest activities did not apply due to change of use from forestry to recreation. The current ski resort had violated the State Water Pollution Permits 19 times from the wastewater treatment facilities and that was concerning. Braxton Reed/4300 Hwy 99 South/Noted the pristine natural beauty of the area made people want to move to Ashland. His observation over the past twenty years was when the City made a rash political decision that affected the watershed a part of what made Ashland unique was lost. Ashland was special because it was not . over developed. The watershed was perfect as it currently was and he wanted it to remain that way. Chris Hald/275 Cambridge Street/Explained he had skied and worked at Mt. Ashland for many years and commented on the quality of work the ski area did for the environment. He felt the opponents had litigated the issue too much and added the City of Ashland would retain influence after transferring the SUP. He supported the permit transfer. Mary Wooding/727 Park Street/Supported the expansion but thought they could move it to the other side of the mountain. The City should retain the permit no matter what. ASHLANU Ulf Y CUUNCIL NILL']INC, August 30, 2011 Page 4 of 10 Tom Marvin/245 TimberlakelIt was a logical fallacy that MAA needed to own the permit to serve public interest better. The MAA could make direct requests to the City as the permit holder. Conversely, there may be actions that MAA or a future successor wanted that required the permit but fell short of the public interest. In that case, it would be prudent if the City retained the permit. The City understood the public interest better than a subset or external organization with special interest. If it was a matter of trust, the SUP was a tool best kept in public hands. Deb VanPoolen/78 41h Street/Loved skiing but opposed the City transferring the SUP to MAA. The City needed to make a Finding that it was in the best interest of the public. Based on public testimony it was not in the best interest. She noted the natural disasters depriving people of clean drinking water across the world. If there were any chance that erosion could occur because the expansion, it should not happen. Chris Cook/780 Oakway Circle/The SUP and expansion were two different things and holding the SUP put the City at risk for liability. It was time for the City to surrender the SUP to MAA. Regarding concerns of losing control, nothing would change. Ultimately, the US Forest Service had authority regarding expansion plans and the Department of Environmental Quality (DEQ) would monitor sediment in the watershed. It was time for MAA to get back to the business of running a ski area and the City back to governing for the good of citizens, businesses, and visitors. Chris Hardy/774 B Street/The US Forest Service post signs in the watershed prohibiting camping, fire and asking all to protect the watershed. His concern with the City turning over the SUP was the potential loss of 70 acres of forestland for the expansion and the ability to manage the watershed. It would be irresponsible to put special interest over the interest of natural resources. He asked the City to retain the SUP and referenced Ms. Fisher-Smith's testimony not to put money over natural resources. Nancy Nelson/149 Clear Creek Drive/In Pasadena CA she was the organizer of the Eco-Community Dialogues, a list of topics were submitted to the record. She referenced a former speaker who presented a topic entitled Water as the Most Important Civil Rights Issue of the Century. The City should not relinquish the SUP. Mt. Ashland was the residents' water rights and people can only live three days without water. The biologists, soil scientists, engineering geologists and the Sierra Club, had presented facts regarding impact to the watershed. People can survive without an expanded ski area but cannot survive without water. Will Wilkinson/2940 Old Hwy 99 South/This was Council's moment to provide leadership that did not support either side but voted for all. This was not a case of the best plan for a few but a need to plan for the worst case for everyone. He suggested removing the option of developing in the watershed period then focus on creating a successful ski operation. Voting to retain the SUP was a vote to keep the City involved and providing the high level of leadership that no one else could. Bruce Wright/301 Wimer Street/Explained he was a devoted skier, instructed and understood why MAA wanted to expand. The real issue was the watershed, not the survival or enrichment of MAA, or potential liability to the City. Did Council serve the citizens or private business? If Council served the citizenry of Ashland and the future of the community, they would retain the SUP and protect the resources that were so vitally important to the future. Jill Mackie/941 Mt. Meadows Circle/Shared her experience handing out water to people during the July 4th festivities and that out of 150 individuals they provided water to, none wanted the ski expansion in the proposed area. Any other place was fine, but not in the watershed. She strongly encouraged Council to understand that the citizens care about the water and the city. Andrew Kubik/1251 Munson Drive/Recently attended a presentation on 3-D Topo-Morpher Software that was enlightening and disturbing. He strongly recommend Council table their decision until they had viewed this presentation and spent time at the expansion with someone knowledgeable in the geology of the area. AJHLANU U17 LUUNUL MEL]INU August 30, 2011 Page 5 of 10 Laura Towers/78 North Mountain Avenue/Walked through the proposed expansion site and described orange spray paint tagged trees with an empty spray paint can on the ground and a sign stating it was an avalanche area. She could not imagine the affects that construction would have and did not trust MAA's erosion control methods. She urged Council and community to meet at the proposed site along with Forest Ecologists and ski resort officials to discuss the expansion. Before giving away the assets, she encouraged everyone to see where the water comes from and then decide if they want to condemn the mountain to a commercial enterprise. Ryan Navickas/2060 Mill Creek Drive, Prospect/Shared his contribution to help bail out the ski area in 1992 and noted it was a bail out, not an approval of the expansion. The community helped purchase the ski resort and deserved to retain oversight regarding future development and the watershed. Handovers of public property without compensation violated Oregon statutes. The liability of restoring a defunct ski would remain with the City whether they transferred the SUP or not. The City was not obligated to grease the wheels of the expansion. Madeleine Sklar/810 Garden Way/Believed that people needed clean water instead of ski slopes. This was a unique opportunity to save Mt. Ashland by preserving the health and quality of the watershed by not transferring the SUP to a private organization. JoAnne Eggers/221 Granite Street/Expressed her gratitude to all the things Ashland Creek provided and to past and present Councilors. She along with others believed the SUP and expansion were connected. She doubted the request to transfer the SUP would have come up if there were not a proposal to develop in the middle branch area. She requested Council to consider carefully new findings from local experts and the latest recommendations from the Oregon State Department of Geology. Lija Appleberry/704 Willow Street/Her family enjoyed skiing Mt. Ashland but she did not support transferring the SUP because of building the expansion in the watershed. She wanted Council and staff to review the new information then make a decision. James Neely/61 Palm Street/Had heard valid ecological and financial concerns during the public testimony and added there were more than people affected by the expansion. He traveled far to speak because the land was sacred to him and asked Council to let the land be. Julie Norman/596 Helman StreettRecently filmed a panel of scientific experts presenting new maps of the proposed expansion and the geological formations on Mt. Ashland. She will make the DVD available to anyone interested. She referenced a letter Bill Hicks submitted into the record earlier and commented on new software that produced detailed 3-D images of terrain previously unavailable produced by the Oregon Department of Geology and Mineral Industries. She urged Council to review this information prior to making a decision. Vanessa Nowitzky/1244 Calypso Court/Sang a speech by Chief Seattle to the music of Lou Harrison. Amy Godard/711 Faith Street/Thanked Councilor Chapman for meeting with her regarding this issue and Councilor Voisin for attending. The SUP and the expansion were related. She had collected 600 signatures for the US Forest Service who will make the decision regarding the appeal on whether the expansion was legal. She agreed with earlier testimony for Council to retain the SUP and have MAA expand outside the watershed. Rene Lafaure/821 Hillview Drive/Shared her experiences of living in the desert and in India, with limited water and described how people suffered after they sold their rights to water. She asked Council to visit the sacred area and think carefully. Money can never precede a higher truth. Eric Navickas/711 Faith Avenue/Spoke on the history of watershed management and the increased sedimentation due to multiple managed use after the 1964 and 1974 floods. The expansion would allow logging in riparian and roadless areas as well as the research natural area that prohibited logging. The project will have severe impact to sedimentation as well as the fire reduction project. Transferring the SUP would ultimately give up oversight. AJHLANV C17 Y UJU CIL MLP 17NU August 30, 2011 Page 6 of 10 Rick Kirschner/360 Merrill Street/Commented on how the citizenry counted on Council to make the best possible decisions on its behalf. He supported a viable and successful ski area but wanted the watershed protected. He participated in saving Mt. Ashland in early 1990s but what not have if he had known it would lead to an expansion in the watershed. He wanted Council to delay making a decision until they had reviewed the new scientific information. Gregg Marchese/533 Fairview Street/If Council transferred the permit he suggested making the City member on the MAA Board a voting member with veto power. The City should also receive tax money from the MAA. There would be the cost of mitigation when it became apparent there was ongoing sedimentation. His water rates increased last year and he expected them to go up again with the expansion. Catherine Larkin/641 Walnut/Read excerpts from B.J. Hicks letter to US Forest Service that stated the US Forest Service did not have sufficient data or study to justify any plans for the ski expansion. The risk of unexpected events affecting the basin and damaging the West Fork of the Ashland Creek and Reeder Reservoir was too great and unpredictable. Any changes made to the watershed had the potential of destabilizing the equilibrium causing massive damage below. In the past, Mr. Hicks did not think the expansion would affect or damage the watershed but new data and information changed his opinion. He recommended Council not approve the ski area expansion and retain the SUP. Councilor Lemhouse/Slattery m/s to extend the Public Hearing until 9:30 p.m. Voice Vote: Councilor Slattery, Morris, Lemhouse, Voisin, and Chapman, YES; Councilor Silbiger, NO. Motion passed 5-1. Kiwina De Soto/Ashland, OR, Honaunau, HLThought the Council was reviewing a summary of the Environmental Impact Study (EIS) instead of the comprehensive version the US Forest Service had. He introduced new information that the land proposed for the expansion area actually belonged to the descendents both living and ancestral of the Takelma and Athabascan Indians under the National Native American Sovereign Lands Act. The EIS used to determine impacts to this area was incomplete, in violation of law and did not contain cultural considerations or the cultural impact on economic considerations. Peter Gross/489 Euclid Street/Transferring the SUP had every appearance of trying to be an end around in the democratic process. He thought Council should hold onto the SUP and let MAA's expansion plan rise and fall on its own merits. Water was the crucial issue for the future, mitigation was not preservation and always more expensive. All the claims the MAA was making about their ability to mitigate or even their success in the expansion seemed based on speculation. He urged Council to retain the SUP, keep the issues separate, and let the expansion succeed or fail on its own. Nikita Norton/2330 Colestcin Road/Grew up skiing Mt. Ashland, was on the MARA ski Team and attended two Junior Olympics with an ultimate goal of competing in the Olympics. She did not see a problem with building the expansion in the watershed, bottled water was plentiful and this was the only place the expansion could go. It would provide an area to train for the MARA Ski Team. Mt. Ashland offered the best powder snow for skiing as well. She wanted to train for the Olympics at Mt. Ashland. Jean Fyfe/215 Sherman Street/If the three scientists who originally worked on the initial planning reversed their opinions it was prudent to investigate the new information and protect this fragile ecosystem. Citizens elected Council to be responsible for the best interests of the City and she asked Council not to ignore the new data that the upper watershed was a high risk for catastrophic geological failure such as destruction of Reeder Reservoir and potentially to the Water Treatment Plant. Council should keep the SUP, work with all parties involved, and seriously investigate the implications of the new data. Skiing was important but optional. Marcus Scott/1205 Talent Avenue/Noticed 86 people spoke against the transfer of SUP and only 15 in support with half of those speakers' members on the MAA Board of Directors. He thought Council might be in violation of the Valdez Principles. ANHLANU W]Y C ULINC IL MLL71N(i August 30, 2011 Page 7 of 10 Elias Alexander/435 Granite Street/The expansion was a public issue and he thought that the public should retain the SUP. Additional ski runs would make tickets more expensive and that could be prohibitive for younger skiers. The science was clear, the soil was erodible, and cutting down the trees would dump more sedimentation into the water source. This could cost Ashland a lot of money if there were sedimentation issues in the future. Wendy Resnick/842 Garden Way/Urged Council to keep the SUP. Water was the most important resource and needed protection. Water was being degradated in some ways already. The City should not give the assets away and noted Council had a fiduciary responsibility to the citizenry. The jobs Mt. Ashland ski resort created were part time and did not provide a living wage. If Council relinquished the permit, they should include terms that MAA set aside funds to protect the water. Public Hearing Closed: 9:21 p.m. Mayor Stromberg asked that Councilor Silbiger share his experienced view on the matter. Councilor Silbiger explained that the primary goal was to protect the water supply and forests while understanding that people also wanted the benefits of a ski resort. Elected officials did not have the power to make most of those decisions and the SUP and lease did not give Council that power. MAA had presented three arguments for returning the SUP: 1) The legal liability issue that was correct and unchanged since 1992; 2) That the arrangement was temporary, although there is nothing written that indicated it was temporary. One of the loans locked the City in and the lease itself was a 25-year extendable lease that stated just the opposite and was the document the City followed; and 3)that retaining the SUP held power against the expansion and that was false. The lease prohibited Council from interfering with the operations of the ski resort and that included the expansion. Councilor Silbiger went to explain that the City had tried to intermediate in the past when they heard MAA planned to cut first then raise the money for the expansion. MAA in turn sued the City and won. The SUP authorized the use of constructing, operating and maintaining a winter facility, covered 1,180 acres, and allowed specific improvements that included ski runs, terminals, roads, etc. The lease conveyed the permit to MAA. The lease gave the City some power by requiring MAA to hold money in reserve for the expansion but also . prevented the City from opposing the ski resort or expansion. Legal counsel Bob Steringer from Harrang, Long, Gary, Rudnick P.C. explained that the SUP stated MAA could sublease or sell their rights only with the City's approval. The City would need a reasonable basis to object to MAA subleasing. Both the SUP and agreement with the City were binding. City Administrator Martha Bennett added if MAA wanted to sublease and the SUP allowed them to, but if the City had a valid reason to say no, the U.S. Forest Service or MAA could not trump the City's refusal. The City could mediate then litigate under the situation. In court, the City's contract agreement with MAA would have precedence over the SUP. The current lease gave the City a voice in who would replace MAA if they failed and required MAA to have a minimum liquidation amount in the bank. The new lease would explicitly state MAA comply with the City's Total Maximum Daily Load(TMDL) for sediment in Reeder Reservoir, have a non-voting seat on the Board per MAA approval, and let the City review expansion documents in advance of construction. The agreement would ensure the SUP amount was available in the form of unencumbered assets. MAA also agreed to reset the dollar amount set by the SUP through the US Forest Service and restated their commitment to inflate that amount yearly. If MAA did dissolve, any remaining assets after the creditors would go to the City. Finally, MAA would pay the first $7,500 in legal fees incurred by the City. Council noted a previous discussion with the MAA during the February 2, 2011 Study Session on establishing a Memo of Understanding regarding monitoring that both Mr. Clark and Donna Mickley from the US Forest Service agreed to. Mr. Clark explained City staff recommended the non-voting member based on what the City had with the ANHLANU C11 Y CUUNC/L MLLI JIVU• August 30, 2011 Page 8 of 10 Chamber of Commerce and Ashland Community Hospital. He was aware of Mr. Hick's comments to the US Forest Service in the appeals process but had not seen the presentation. The MAA Board of Directors would review anything potentially catastrophic in the proposed expansion area and doubted DEQ or the US Forest Service would allow them to expand if there were. MAA did not owe the City any money regarding assets. The City was the fiscal agent and had not invested money to gain property. One bond had already expired and another 20-year bond would expire April 2012. Mr. Clark went on to explain reducing the sedimentation on existing runs was part of the expansion requirement through the original 2004 Final Environmental Impact Statement (FEIS). MAA Board President Tom Mayer added MAA would review any information the City liaison brought to the board. Mr. Clark confirmed the City liaison would receive the same information MAA Board members received. Mayor Stromberg expressed concern the MAA Board of Directors had the option to reject any representative the Council chose as liaison and wanted to change it. Mr. Mayer agreed with the request. Staff confirmed if MAA went bankrupt and severed the lease, and the City had given up the SUP, because the assets would return to the City, the US Forest Service would most likely ask the City to become the operator or find another since the land was designated as a ski area in their planning. Donna Mickley the US Forest Service District Ranger for Siskiyou Mountains with the Rogue River National Forest and Steve Johnson Recreational Specialist for the Siskiyou Mountains Ranger District clarified if MAA failed and the City wanted to appoint a successor it would be a negotiation process with the US Forest Service as long as the City retained the SUP. Ms. Bennett added that since the City maintained the operational assets, as proposed in the new lease agreement, the.US Forest Service would work with the City. Mr. Johnson confirmed if the City kept the SUP, it would be responsible for restoration if MAA failed. Adding language to the SUP to restrict recreational use from the middle fork water shed area would actually be an amendment to the Forest Plan separate from the SUP. Additionally, if MAA failed and the.City had the SUP and no one to run it, the US Forest Service could give the SUP to another entity. Councilor Voisin wanted to retain the SUP in order to review the new data that exposed the risk to the watershed. Councilor Silbiger responded delaying transferring the SUP was not relevant to the new information. In the end, it was not a Council decision but a US Forest Service decision. Ms. Bennett explained retaining the SUP did not prejudice the City's right to engage in the need for process or follow litigation. However, the lease had some restrictions. Councilor Chapman/Lemhouse m/s 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 with the addition of a Quality Control Team and providing that we request and receive State approval for the property conveyance. DISCUSSION: Councilor Chapman added the Quality Control Team because Council and MAA supported the idea during the February 28, 2011 Study Session. Additionally the State would need to sign off on conveying the property since the City purchased it with a grant. He thought the City was in a better position to work with MAA if it did not retain the SUP based on Councilor Silbiger's earlier statement. Councilor Morris agreed with the motion, it would afford Council better protections with the new agreement than the current SUP and lease provided. The provisions regarding sediment, quality assurance- quality control were to the City's benefit in protecting the watershed. Councilor Lemhouse thought forging a new partnership with this agreement gave the City a real voice to protect the watershed, provide some stability to Mi. Ashland, and help the economy. Retaining the SUP did not give the City the power that people perceived it did. Councilor Lemhouse/Silbiger m/s to amend motion to change the Council Liaison to a voting member that is appointed annually by the City Council. DISCUSSION: Councilor Silbiger questioned whether a ANHLAIVU C.Y 7'Y l.'UUNC.IL MLL71NO August 30, 2011 Page 9 of 10 voting member could create conflicts of interest. Mr. Steringer did not think it would create a problem and that it happened frequently due to the non-profit status and appointed authority but was not prepared to advise that was the case. Councilor Lemhouse commented if it turned out to be an issue they could amend the agreement. Councilor Slattery was uncomfortable with the voting precedence and preferred an ex-officio member instead. Roll Call Vote: Councilor Silbiger, Lemhouse, Chapman and Morris, YES; Councilor Slattery and Voisin,NO. Motion passed 4-2. Councilor Morris/Silbiger m/s to amend motion that before MAA could proceed with any construction or structural changes in the expansion area they have to fulfill their fundraising requirements for Phase One. DISCUSSION: Councilor Morris explained the worst thing would be MAA starting the expansion and running out of funds and wanted to ensure if they start, they had the funds to complete the expansion. Councilor Voisin/Slattery m/s to amend amended motion that MAA have the entire amount of funds prior to construction or structural changes in the expansion area. Councilor Voisin withdrew the motion with Councilor Slattery's consent. Councilor Voisin motioned to amend the amendment that the full amount for expansion is secured in cash. Motion die for lack of second. Continued discussion on the amendment: Councilor Chapman thought requesting the entire amount prior to construction conflicted with MAA's building phases. Councilor Silbiger suggested changing the amendment to pertain to Phase 1. Ms. Bennett explained the motion would cause a new term in the agreement and thought the intention was not to log the ski run until MAA had funding. Councilor Lemhouse was uncomfortable with the motion. It was getting into the actual operation of the mountain and funding. Councilor Voisin wanted to ensure cutting the trees would not create erosion and that MAA had the funds to continue. Councilor Slattery supported the motion but thought MAA, as a non-profit would already have funds in place before starting . construction. Councilor Silbiger suggested adding the words "for Phase One" to the amended motion with the approval of Councilor Moms. Councilor Voisin wanted to know what Phase 1 entailed. Councilor Moms explained Phase 1 entailed new ski lifts and runs, water and power facilities, environmental restoration costs,parking expansion, snow tubing/winter play amenities but was unsure if the list was current. Councilor Silbiger added the amount for Phase I was approximately $3,500,000 and included a new chair lift with lower and intermediate novice runs, a warming hut, composting toilets, 60 parking spaces, widening existing runs and 23 watershed projects. Roll Call Vote: Councilor Chapman, Slattery, Morris and Silbiger, YES; Councilor Voisin and Lemhouse,NO. Motion passed 4-2. Councilor Silbiger did not think the City needed to keep the assets, however they were partially paid for using public and tax-deductible monies. He questioned the restoration sum of $300,000 and suggested using the $700,000 asset figure discussed in the February 28, 2011 Study Session for restoration. Councilor SilbigerNoisin m/s that restoration amount be $700,000 to encumber restoration and mitigation purposes to the watershed. DISCUSSION: Councilor Silbiger stated his concern with the current amount set aside and wanted to use the asset dollars for restoration purposes. Councilor Chapman noted the problem was how the US Forest Service defined restoration. Councilor Silbiger thought the US Forest Service was more concerned with restoring the runs and if Reeder Reservoir was damaged this amount would cover the reservoir. Councilor Voisin added dredging the reservoir would cost more than $700,000. Councilor Slattery was uncomfortable with any sedimentation issues regarding Reeder Reservoir, there had to be some mechanism that was a causal relationship. Mayor Stromberg stated the intention for the amount was restoration caused by damage from the operation and expansion of the ski resort. Ms. Bennett commented the problem was proving the ski area caused damage to the Reeder Reservoir. The US Forest Service would set a standard and the City would be unable to prove it. Councilor Chapman noted sediment-monitoring stations below the ski area would trigger and subsequently implicate the ski resort. Ms. Bennett explained the restoration sum was there in the ANHLANU CITY CUUNCIL MLL77NG August 30, 2011 Page 10 of 10 event MAA failed, not to cover incidents that occurred during operations. There were other provisions in the agreement like the TMDL and remedy processes that would address issues that happened while the ski resort operated. Councilor Silbiger withdrew the motion with Councilor Voisin's consent. Councilor SilbigerNoisin m/s that keeps Paragraph 4(d) the same and adds: "maintain a restoration amount of $700,000." Roll Call Vote: Councilor Slattery, Silbiger, Lemhouse, Voisin, and Chapman, YES. Motion passed. Councilor Voisin/Slattery m/s amend Section 4(g) to delete: "which consent shall not be unreasonably withheld," and add, "MAA agrees to not sublease," as a third bullet. DISCUSSION: Councilor Voisin thought it was important to be clear that MAA cannot sublease. Councilor Slattery would not support the motion. There could be a time in the future when a sublease through MAA would benefit the City. Councilor Chapman preferred the current language. Roll Call Vote: Councilor Voisin, YES; Councilor Chapman, Slattery,Morris, Silbiger and Lemhouse, NO. Motion failed 1-5. City Recorder Barbara Christensen read the main motion and amendments: "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 with the addition of a Quality Control Team and providing that we request and receive State approval for the property conveyance. With the following amendments: To change the Council Liaison to a voting member that is appointed annually by the City Council, That before MAA could proceed with any construction or structural changes in the expansion area they have to fulfill their fundraising requirements "for Phase One," and keep Paragraph 4(d)the same and add maintain a restoration amount of$700,000." Continued discussion on main motion with amendments: Councilor Voisin would not support the motion for two reasons: 1) Relinquishing the SUP furthered the viability of Mt. Ashland to expand; and 2) By not acting in the public's interest and protecting the watershed by retaining the SUP. Roll Call Vote on main motion as amended: Councilor Chapman, Slattery, Morris, Silbiger and Lemhouse,YES; Councilor Voisin,NO. Motion passed 5-1. ADJOURNMENT Meeting adjourned at 11:46 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor AJHLANU C17'Y CUUNCIL MLL771VU September 6, 1011 Page I of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 6, 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 Slattery,Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted the recent passing of Ralph Temple, described his passion for Civil Rights and honored him with a moment of silence. He went on to announce vacancies on the Housing, Historic, Forest Lands, Planning,Conservation, and Tree Commissions, and the Audit Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of August 15, 2011, Executive Session of August 16, 2011 and Regular Meeting of August 16, 2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation regarding September 7, 2011 as Spay and Neuter Day was read aloud. Recognition of Ashland Little League All-star teams was delayed. CONSENT AGENDA 1. Will Council approve the minutes of City Boards, Commissions,and Committees? 2. Will Council, acting as the Local Contract Review Board, approve the request for approval of a Special Procurement to use an alternative contracting approach (solicitation process) for asphalt patching services? 3. Will Council authorize staff to apply for a Technical Assistance grant from the Oregon Department of Land Conservation and Development to revise the land use ordinance to implement the Council goal to improve the land use process? 4. Will Council approve a request for a one-time co-sponsorship of the Monster Dash, for the sole purpose of hanging a banner across E. Main Street? 5. Will Council approve connection to the City's sewer system of an existing commercial building located at 2925 Highway 66, which is outside the'city limits? Councilor Lemhouse requested that Consent Agenda item #5 be pulled for discussion. Councilor Morris I requested that Consent Agenda item#3 be pulled for discussion. Councilor Slattery/Morris m/s to approve Consent Agenda Items#1, 2 and 4. Voice Vote: all AYES. Engineering Services Manager Jim Olson explained the sewer system connection at 2925 Highway 66 was close to Mill Creek and any spill or overflow would make its way to the creek via the storm drain or surface flows. Additionally the City charged double for sewer service outside city limits. Requests to connect the City sewer system occurred 1-2 times a year. Councilor Chapman suggested AMC 14.08.030 (D) be updated to reflect current practice. ASHLAND 1.Y7'r CUUNI.YL MLL7LVU September 6, 2011 Page 1 of 6 Councilor Lemhouse/Slattery m/s to approve Consent Agenda item #5. Voice Vote: all AYES. Motion passed. Community Development Director Bill Molnar explained if the City did not receive the Technical Assistance grant for the Council goal to improve the land use process, staff would shift resources to accomplish the goal over the long-term. Councilor Morris/Lembouse m/s to approve Consent Agenda item #3. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Dr. Aaron Corbet/423 North Main Street/Explained he was a physicist and a member of the Scientific Panel Investigating Nine-Eleven (SPINE) and explained the panels background. He asked Council to take a symbolic stand on reopening the 9-11 investigation with a focus on establishing the physical facts as opposed to speculations about Arab involvement and to pass this recommendation on to Oregon Representatives. Council did not have to agree with his conclusions but hoped they would recognize the 9-11 Commission did not examine the issue thoroughly. Jim McGinnis/629 Altamont Street/Invited everyone to attend a Climate Change meeting sponsored by the Conservation Commission Wednesday September 14, 2011 from 5:00-8:00 p.m. at the Historic Ashland Armory. He provided details and described activities geared for children and adults. UNFINISHED BUSINESS 1. Does Council have questions or input regarding the direction and progress of the Water Conservation and Reuse Study and Comprehensive Water Master Plan? Associate Engineer Pieter Smeenk and Rich Whitley from Carollo Engineers provided information on redundancy supply. The Ashland Water Advisory Committee (AWAC) agreed on four goals regarding water conservation and reuse: • Adequacy of Supply • Redundancy of Supply • Reliability of Supply • Environmental Responsibility of Supply Ashland would need a new raw water supply by 2038 and a new treated water supply by 2018. The Committee recommended two redundancy proposals. The first was constructing a water back treatment plant outside of Ashland Canyon. The 2.5 million gallons would provide minimum indoor use and fire protection during emergencies. To offset current shortage for water supply storage, the plan would combine it with the proposed Crowson 2 Reservoir that could serve as clear water when it was time to replace the old treatment plant. Additionally, the City could utilize it for redundant supply when the Talent Irrigation District (TID) was seasonally not available. The cost for that proposal was approximately$13,100,000. The second proposal was a Partial TAP Intertie that would go to Creel Road instead of Culver Road and have a pump station that operated during emergencies. AWAC combined this with another proposal to add two filters at the Water Treatment Plant to achieve additional treatment capacity by 2018. To make up for the remaining storage capacity,AWAC recommended a 3 million gallon reservoir. Ashland currently held a water right for 1.5 million gallons a day for six months through the Talent Ashland Phoenix Pipeline(TAP). Ashland could increase the gallon amount to 3 million per day but only ANHLANV 1,71-Y L(-)U/V(-/L MEP 71/Vli September 6, 2011 Page 3 of 6 for three months. There was a plan to acquire more water rights but AWAC concluded Ashland would t not need that volume until 2060. Another idea was selling water to Talent and Phoenix from November to April instead of them purchasing water from Medford. Ashland's production costs were significantly lower than Medford. The Charter had prohibitions regarding selling water but the City routinely sold water outside of the City limits and Resolution 1997-27 addressed the issue. Next steps for AWAC included public meetings September 28, 2011 to review the Capital Improvement Plan (CAP) project list and in October.to review the final impacts of the decided list. In December, AWAC would come to Council for input regarding the proposals that included which one benefited the billing cycle, water usage, and cost to residents. The Committee decided not to pursue effluent because the cost was higher than the alternatives but did not preclude utilizing the water for irrigation in the future. Reuse of effluent was cost effective when there was a large customer base nearby and currently TID provided that level of service. 2. Does the Council wish to eliminate the subsidy of RVTD fares within Ashland on December 31, 2011 and replace it by expanding the current bus pass subsidy program, creating a new 50% subsidy for employees of Ashland businesses and subsidizing a local private shuttle service focused on hotels and motels? City Attorney David Lohman disclosed he was the prior attorney for RVTD. He did not think there was any direct conflict of interest but offered to withdraw from the discussion per Council direction. Julie Brown Executive Director of RVTD waived any potential conflict of interest. Public Works Director Mike Faught explained the Fare Reduction Program went into effect in 2009 based on the premise increased frequency would increase ridership. That effort included reinstating Route 5, a 50% fare reduction and a pass subsidy for low-income riders that actually resulted in decreased ridership overtime. The City spent $176,000 in 2009 and $239,000 in 2010. This current fiscal year allocated $272,000 but without the Betsy Grant, the allocation was,$202,000. Staff worked with RVTD to bring back the free fare program but the City could not afford the $700,000 annual cost. The second option to extend service at night and over the weekend was also expensive. Staff was reviewing long term through the Transportation System Plan (TSP) but in the short term recommended three options. The first option would extend the current contract to December 31, 2011 end the reduced fare program and increase free fare for low-income riders at an estimate of$50,000. The second recommendation was a 50% subsidy for Ashland businesses at an estimated cost of $20,000. The third was subsidizing a private shuttle within Ashland for tourists. Of the current programs, the high school fixed route experienced the highest use and second was the senior fixed route passes. Southern Oregon University(SOU) would pay more for transit if the service included extended hours and weekends. In the past, SOU subsidized bus passes. Ms. Brown explained ridership increased when gas prices went up but decreased as the recession progressed and people lost their jobs. If the City was interested in continuing a subsidy program, she suggested the one used in 2003 where it was free to the rider. She added SOU discontinued their pass program at that time because it was free within Ashland. She recommended further discussion on ASHLAND U7'Y CUUNt,7L MLL111YU September 6, 2011 Page 4 of 6 solutions and making a decision in October. RVTD Senior Planner Paige Townsend explained RVTD conducted triennial passenger surveys based on ridership for each route. Mardy Carson/455 B Street/Expressed her appreciation on Council effort to maintain a vibrant community. Tourism fueled Ashland's economy and that often depended on people who worked for minimum wage as service providers. Some of these workers could not afford cars. She was grateful for what RVTD provided but thought the City should look at adding night runs, service on the weekends and focus on who needed to get back and forth. Council supported extending the fare subsidy program until year-end. There was concern regarding the subsidy and the City's economic health in relation to the Street and Water Funds. Additional concerns were staff workload managing a new bus pass program and subsidizing tourists. One suggestion was subsidizing the senior fixed rate and moving the balance into the Street Fund. Other suggestions for the October Study Session with RVTD included looking at what the City might get from slightly increasing funding, developing comprehensive measurements, and impact projections on changing the fare from $1 to $2. Councilor Lemhouse/Slattery m/s to extend the current $1 fare subsidy program to December 31, 2011. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Does Council wish to adopt a policy setting evaluation criteria for the refund of Community Development and Engineering Fees when an Ashland property owner's primary residence is substantially damaged or destroyed by an emergency which was beyond the control of and without fault by the property owner and which could not have been prevented by the property owner's exercise of reasonable diligence? Community Development Bill Molnar recommended a refund instead of a waiver because the waiver would impede the building permit process. A refund would also give staff the time to verify insurance. The declaration of emergency ratified by the Council would apply to larger emergencies but Council would have the ability to review a past event and apply it to the definition of emergency under the municipal code. City Administrator Martha Bennett did not think the waiver was good public policy. It subsidized people who lacked sufficient insurance coverage on their private residences. Councilor Lemhouse thought it was good policy because one of City governments' responsibilities was to help protect citizens. Ms. Bennett referenced the fee structure policy that stated the City will recover a certain amount of actual cost with certain activities and that was the basis for the fee. Majority of Council did not think the fee waiver policy was necessary. They could waive fees on a case- by-ease basis. Councilor Lemhouse to direct staff to prepare a resolution establishing eligibility for obtaining reimbursement of Community Development and Engineering Fees consistent with the criteria suggested in the September 6, 2011 Council Communication on the waiver of such fees. Motion died due to lack of second. Councilor Silbiger/Chapman m/s that Council take no action on the Fee Waiver Resolution. Voice Vote: Councilor Slattery, Morris, Voisin, Silbiger and Chapman, YES; Councilor Lemhouse, NO. Motion passed 5-1. AJHLAIVU C97'Y CUUNCIL MLL7I1VU September 6, 2011 Page 5 of 6 2. Does Council wish to direct staff to sell or solicit proposals for the development of affordable housing for two City owned properties? City Administrator Martha Bennett provided the financial history on the Chitwood and Clay Street properties. Housing Program Specialist Linda Reid explained there were approximately 200 affordable housing units that consisted of subsidized housing and units, project-based vouchers, below market units and affordable ownership units. All the subsidized and low-cost units were rented with waiting lists. Regina Ayars/199 Hillcrest/Explained how the low-income provider for the Chitwood had withdrawn from the project and no other low-income providers were interested in developing the property at this time. The proceeds from the sale of Chitwood to the Parks and Recreation Department should go into the Housing Trust Fund. She supported the staff recommendation to land bank the Clay street property with an annual re-evaluation of options. With the loss of five affordable housing units from Chitwood, it was important to allocate Clay Street property for low-income housing. Councilor Slattery/Silbiger m/s to direct staff to negotiate the transfer of the Chitwood land area (0.32 acres) originally designated for affordable housing-development to the City of Ashland Parks Commission for parks purposes in exchange for $125,059 which shall be dedicated to the Housing Trust Fund. DISCUSSION: Councilor Lemhouse supported the transfer of Chitwood parcel and wanted to use the 5125,059 for the Water and Street Funds. Councilor Chapman agreed. Roll Call Vote: Councilor Silbiger, Voisin and Slattery, YES; Councilor Lemhouse, Chapman and Morris, NO. Mayor Stromberg broke the tie with a yes vote. Motion passed 4-3. Councilor Silbiger/Lemhouse m/s to take no action on the lower Clay Street property at this time with the intent to re-evaluate the City's options upon significant changes in the housing and lending markets. Voice Vote: all AYES. Motion passed. 3. Does Council wish to direct staff to prepare an ordinance modifying the quorum requirements for meetings of certain City-appointed advisory boards and commissions currently set forth in AMC 2.10.040 as part of the City's Uniform Policies and Operating Procedures for Advisory Commissions and Boards? City Attorney David Lohman explained when Council passed the uniform procedures for commission and boards the definition of a quorum was greater than half a commission's regular members but did not define members. His legal opinion on the definition of greater than half pertained to the sitting members only,not the full number of authorized members or vacancies. Councilor Silbiger/Slattery m/s to direct staff to prepare a draft ordinance substituting approximately the following language: "Unless otherwise ordained, a meeting quorum shall consist of more than one half of the total number of authorized voting members of the body." DISCUSSION: Councilor Silbiger explained prior to the 2010 changes, a quorum had a specific number. Council changed the language but did not intend to change quorum requirements. Councilor Moms thought the Planning Commission had to have a majority vote of authorized members to make recommendations to Council. City Administrator Martha Bennett confirmed Council changed the quorum rules to reflect that but in 2010 changed them back because the Planning Commission was having difficulty making a quorum. Councilor Slattery was uncomfortable with the exception and asked for further clarification. Councilor Silbiger explained the Tree Commission was the only commission that did not have a stated number of members. The Commission could have five members but if there were seven people interested, it was allowable. The quorum rule of half still applied. Councilor Chapman/Slattery m/s to amend the motion to fix the Planning Commission along the same lines of the motion. DISCUSSION: Councilor Silbiger explained the amendment should be a separate motion. ASNLANU L11 Y CUUNC,'/L MLL77/VCi September 6, 1011 Page 6 of 6 Councilor Chapman withdrew the motion with Councilor Slattery's consent. Voice Vote on main motion: all AYES. Motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. Does Council wish to provide staff direction to investigate possible changes to the City's listserv? Council discussed what worked and did not work with the listserv. They supported citizens having the ability to email them directly as well as having a public forum to debate City issues. Staff would work on a way for citizens to send email to the Council that was transparent and available to the public in a monthly archive and establish a separate public forum. ADJOURNMENT Meeting was-adjourned at 9:27 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor MINUTES 6-8 p.m. —July 27, 2011 Community Development Building CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck, Sheri Cellini, Stuart Corns, Cat Gould, Jim Hartman, Jim McGinnis, and David Runkel were present. Thomas Beam was not present. City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, Dan Cunningham, Robbin Pearce, and Mary McClary. NEW MEMBER Chairperson Hartman introduced Cat Gould as the newest member of the Commission and the members introduced themselves. Cat is originally from Australia and has lived in the valley with her family since 1991. She is a graduate from Southern Oregon University, and has a local business. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for June 22, 2011. Lyn Blanche, Co-Executive Director for Southern Oregon Sustainable Business Network (SOSBN)wrote a letter to the Commission thanking them for supporting their program, through a donation to the non-profit. She also explained their organization was now able to further explore waste reduction and water conservation. Chairperson Hartman asked if the minutes could include more detail, especially the highlights of the Road Diet. Below is a summary of highlights of the Road Diet that can also be found on the Public Works Homepage on the City of Ashland's web site. http://www.ashland.or.us/Page.asp?NavlD=14230 The Ashland North Main Road Diet Project . Facts: The City received a $115,000 Bike and Pedestrian Grant for the Road Diet pilot project, therefore reducing the cost to Ashland from $130,000 to $15,000. • Reinstating the current four-lane configuration will cost $35,000. • The proposed project would reslripe North Main from the north side of Helman Street north to Jackson Road (railroad tracks) reconfiguring 4-lanes into three-lanes. There will be one thru lane in each direction with a center turn lane. The center turn lane allows cars to turn left without impeding traffic flow. • The Road Diet will increase the peak travel time thru the project area by an estimated 22 seconds. • This is a projected one year pilot project. If approved, work would begin the week of September 12, 2011. Originally this project was to have a three month time frame, however, after citizen input the time frame was extended to one year. Nationwide, statistics show that road diets reduce vehicular collision rates from 25 to 33%. Reducing typical 4-lane configuration crashes which include rear end, side swipes and left turn/broadsides. For additional information or questions, please contact Mike Faught, Public Works Director at 541-488-5587 or by email to faughtm(a)ashland.or.us. Chairperson Hartman commented on his support for the Road Diet, Commissioner McGinnis and Runkel would like to revisit the issue. Chairperson Hartman will revisit the topic under Commission Items not on the Agenda. Councilor Voisin reminded the Commission there would be a public hearing at the Council Chambers on August 2, beginning at 7pm. Commissioner Cellini, made a motion to approve the minutes as corrected and Commissioner Buck seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM No one present. ANNOUNCEMENTS The next Commission meeting will be August 24, 2011. Commissioner Buck announced Recology is collecting old running shoes to help Nike with their recycling efforts. They collected 158 with their first collection drive. The containers will be present at both the Recology office and the Recycling Center until September. TIMELINE OF GOALS Chairperson Hartman reviewed the rest of the agenda to determine time needed for each item. It was determined after summarizing the goals, the members would then address item F: Goal Reconstruction. Summarize 1. Sustainable Planning—Commissioner McGinnis asked to combine Sustainable Planning with Summary of Sustainability Planning. He recapped the Council meeting regarding the Conservation Manager position and Lee Tuneberg explained staff is temporary reorganizing to fulfill the needs of the departments. He explained he is the Interim Assistant City Administrator and the City is now in the process of creating the new job announcement. Commissioner McGinnis explained the goal would now be to create an analysis showing the return of investment and cost benefits of hiring a Conservation manager. He will also contact the Conservation Manager from the City of Pala Alto, which has a citizenship of approximately 50,000 and own their utility that creates some similarities between the two cities, in hopes of gaining insight and information. They were able to create a $580,000 savings directly from his utilizing this position the first year. He will also contact other cities for a comparison, looking to see an immediate return on the investment. The Commissioners discussed putting time/effort in an issue that has already been decided by the City Budget Committee, and thereby the City Council. Commissioner McGinnis hopes to present this information for next year's budget. Councilor Voisin suggested the information be received by Council before they determine their goals for the next year, or at that meeting. 2. Green Building The City is moving forward with a grey water policy. Larry Giardina explained the new statewide adopted green building standard, which is voluntary. (state law demands it be voluntary)There may be some incentives, but the city is still evaluating how that could be implemented. The REACH code was established by the state to be approximately 15% more efficient than the standard building code. Commissioner Runkel felt the Commission's role is to encourage this type of incentive as much as possible. The Commissioners had some discussion about how people would implement these codes. Commissioner Cellini re-addressed the idea of focusing on one main goal, or reduction of goals to better focus their accomplishments, instead of spreading the member's too thin working on multiple goals. 3. Conservation Division Larry Giardina reported they are entering into a new contract with Bonneville Power which would change how the division funds its programs. Before, in order to continue buying power at a low rate, the city was expected to spend a certain amount of the city's money to achieve conservation and receive credit for that achievement..Once they had met that goal, they continued their programs and still received funding. Now, Bonneville Power will give the City a fixed amount up front, and then the City would have to fund the remainder of the needs for the programs. , The members discussed possible future rate increases, direction for conservation from employing a Electric Director/Conservation Manager, and different conservation measures that would offset future cost. Mr. Tuneberg explained to the Commission how Bonneville Power negotiates their contracts and some of the reasoning behind their decisions. He further explained how the reorganization is working in order to keep all departments and divisions functioning towards their objects. Commissioner Cellini recommended the Commission concentrate on the first goal and try and get the Council to adopt this goal and work on actual projects that can be finished and realized. The members recapped their accomplishments for the past year and the progress made. 4. Water Conservation No report. Item D from New Business: Update for Storm Drain Marketing Program Chairperson Buck updated the Commission on the Curb to Creek program. Lesley Adams has been working closely with this program and estimated they are 35-40% done with marking the storm drains. The city is required to complete all 3,000 storm drains by October of this year or will be fined. She asked if anyone or if the Commissioners knew of anyone who would like to help you can contact Lesley directly. Lesley(a)rogueriverkeeper.org. Commissioner Gould suggested maybe the Ashland Food Project might be able to help ith the coordination. Item E from New Business: Grey Water Update Robbin Pearce read a statement from her contact at DEQ, which stated: "Oregon is very close to having administrative rules on grey water use and disposal systems. A final package of proposed rules will be presented to the Environmental Quality Commission (EQC)for adoption on August 25'"of this year." She stated they can adopt all or part of the proposal, and DEQ will issue a public announcement and it will be on their web site. Commissioner Buck asked if when she hears, if she will send it with the Commission. 5. Climate Change There has not been anything done to present to the Commission, but they have formed a new idea. There is a new release of the Climate Project effort on September 14, 2011 being released around the world on a web site and they would like to try and get something going city wide so citizens can also streamline in for information. Also, they have been working with Joanne Eggers to sponsor an informal gathering for any commissioners to attend a movie. The first movie will be The Economics of Happiness, with a discussion to follow providing an opportunity for all Commissioners to become better acquainted. Public Outreach Commissioner Buck reported about the prepaid leaf program, that the Commission contributed to last year. There was a lot of citizen response, even beyond the designated week. The program has been well received. Under the action items for the goal, they have accomplished 3 of the 4: Event recognizing Conservation Heroes RVTV Web page 6. Water Master Plan Robbin Pearce announced they are meeting tomorrow„July 28'”and they are getting close to making a final decision for the long term water supply. She will have more information next month. The members discussed how best to approach their goals and the reconstruction. Councilor Vision will take the goals and see how they relate to Council goals, then email the results to the members Commissioner McGinnis brought up that two counselors were interested in changing the Commission name to the Suslainability Commission and he would like to be able to discuss that with the Counselors. Item to be placed on next month's agenda. Commissioner McGinnis will update goal number 1, Sustainable Planning. Commissioner Runkel will update goal number 2, Green Building. Chairperson Hartman will update goal number 3, Conservation Division Commissioner McGinnis will update goal number 5, Climate Change. Commissioner Cellini will update goal number 7, Water Master Plan. Commissioner Runkel explained these goals came from a retreat the Commission conducted 2 years ago, and Commissioner Cellini was concerned about the Council taking this Commission seriously, because our goals are not lined up with their goals. The members talked about doing another retreat. ANNOUNCEMENTS Next meeting August 24, 2011 NEW BUSINESS A. LED lights for downtown area Larry Giardina recapped the idea of replacing the downtown Christmas lighting on City Hall with LED lights. Stacy Page provided a bid, approximately$2,000.00. He asked the Commission for direction. Commissioner Cellini would like to obtain several bids for the project. The members discussed how best to implement some sort of replacement. Larry Giardina will request a step replacement plan and cost from Mr. Page. The pay back, is approximately 10 year because these lights are only operated for a short time period. He will report back at the next meeting. Commissioner Buck reported that Target was now selling solar lights for Christmas decorations. B. 4`h of July Discussion Commissioner Buck gave a brief view of plans for next year, and would like this item placed on next month's agenda. She thanked Jim Hartman, Larry Giardina and Carol Voisin for helping with the last 4'h of July event. She has met with Katheryn Flannery from the Chamber of Commerce and has been working with the Chamber this year. They are looking for ways to develop long term improvements for the 4`h of July event. She felt the Chamber can become a template for City events and the way the city implements conservation measures. Councilor Voisin would also like to look at the carbon emissions from the vehicles and Commissioner Cellini remarked about El Tapatio usage of bicycles in the parade. Commissioner McGinnis felt this Commission should acknowledge entries that are really trying to implement conservation alternatives with a letter. Set aside until next month. Compost Classes Commission support for the classes is as follows: . June 25--Tom Beam July 30---Jim Hartman August 27---Carol Voisin September 24---Staff member—Conservation Division Quarterly Liaison Report Conservation Division Robbin Pearce presented some Chieko bags to see if the Commission was interested in supporting the Conservation Division using the bags as a give a way for Earth Day. The bags could include the Conservation logo. The Commission asked Robbin to bring back information regarding local sourcing and cost comparison. The Conservation Division gave a PowerPoint presentation about their Division and their current programs. COMMISSION ITEMS NOT ON AGENDA Solar Home Tour is October 81h and Larry Giardina would love to have some volunteers. ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305(TTY phone number is 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 Titlel). CITY OF ASHLAND ��, MINUTES 6-8 p.m. —August 24, 2011 Community Development Building CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm: Attendees: Risa Buck, Thomas Beam, Sheri Cellini, Stuart Corns, Cat Gould, Jim Hartman, Jim McGinnis, and David Runkel were present. City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, Robbin Pearce, and Mary McClary. INTRODUCTION OF RECOLOGY INTERN Kye Mihaljevich, an energy management major at Lane Community College, will be doing an intern with Recology for approximately a month. He gave the Commissioner a brief background and the Commission introduced themselves to Kye. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for July 27, 2011. Chairperson Hartman wanted a statement added to explain we believe the City will not have to pay Tier II power rates for approximately one year. Commissioner Buck corrected the spelling of Chico. Commissioner Buck made a motion to approve the minutes as corrected and Commissioner McGinnis seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM No one present. ANNOUNCEMENTS The next Commission meeting will be Sept 27, 2011. Commissioner Buck announced Recology is collecting old running shoes to help Nike with their recycling efforts. Chairperson Hartman went over the agenda and timeline for the meeting. NEW BUSINNESS Item B. from New Business: Rain Water Harvesting Policy—Robbin reported Rick Hackstock, the City of Ashland's building inspector, is working on a policy and procedures for rainwater harvesting. Robbin and Rick will both present the policies and procedures for the Jackson County rain barrel class on September 14, 2011. The event has been listed in the Ashland City Source. Grey Water---The end of August is the deadline for DEC, and she believed they have moved the deadline to November, but does not have that confirmed. She will keep the Commission posted. Local Source for Local Bags—Robbin has not yet contacted Tracy Harding regarding a proposal for mass production of the bags and what they would cost. She would like to see them used as a give-away for Earth Day. Update on Water Master Plan—Robbin updated the Commission about the Ashland Water Advisory Committee last meeting, where they discussed storage and pumping capacity options. The two main solution options are: 1) Mini Tap-tying into Talent Water 2) New Water Treatment plant for drinking A. Additional Classes for Worm Set aside B. Name change for the Commission Also Item E: Sustainability Planning Goal Commissioner McGinnis and Corns went over a memo they sent to the other Commissioners and asked the Commission to meet from 4-6 hours on a weekend in October to develop a Sustainability Commission Charter and goals to be presented to the City Council. On December 2010 the Conservation Commission recommendations to the City Council with regards to Sustainability Planning were: Adopt a goal to develop a concise Ashland City and Community Sustainability Action Plan The recommendation to implement the plan would be for the City to appoint a citizen ad-hoc committee or task force. In January 2011,the City Council adopted the goal: "Develop a concise sustainability plan for the community and.for City operation". In their April working group meeting,the City Council notes reported: "Council majority did not support an ad hoc committee and was interested in the Conservation Commission taking on a form of.sustainability planning. The Conservation Commission would involve the Planning, Transportation, Budget, and Airport Commissions as needed. Council saw sustainability as two plans, one for the City and the other for the community". Related to providing City support for the Sustainability Planning Goal adopted by City Council, in May at a Budget meeting,Martha Bennett recommended that the City Council approve a Deputy City Administrator position and a Conservation Division Manager position. The budget committee approved the deputy position, but voted 7-7(thus a no)against funding the Conservation Division Manager position. Subsequently,Conservation Commissioners met with all but one City Councilor to argue in favor of getting them to approve funding the Conservation Manager Position at next city Council meeting.We heard from the majority of City Counselors that they did not wish to go against the budget committee recommendations. They would like to see a full time Conservation Manager who could dedicate a 25%minimum toward supporting sustainability planning,building the Conservation Division programs. Commissioner Corns is strongly in favor of having a separate retreat meeting, so they can come together as a group to develop their goals and straggles for the future rather than adopt or take ownership of other people's ideas. The members discussed the possibility of an October retreat and how they would approach a sustainability committee/commission. Councilor Voisin pointed out by coming up with a plan and presenting it to the Council, showed support and leadership towards the Council goal. Commissioner Runkel believed it was important to use the retreat to develop a sustainable action plan, and not so much re-create the charter. Commissioner Buck believed before they construct and commit to constructing plans, the Commission needs to be connected with their political leaders and not make assumptions. She would like to see a letter of intent drafted and sent to the Council. Commissioner McGinnis believes the Charter, if approved, by Council would then address these issues. Commissioner Beam questioned if any portion of Conservation would be left out and reminded the Commission he is comfortable working for Conservation, but a Sustainable Commission is a much larger project. Commissioner Beam made a motion that the Conservation Commission sends a letter to be read at the Council meeting, September 13th, prior to the Commission retreat in October, and in regards their goal to change into the Sustainability Commission. The members discussed this item placed on the consent agenda and also just having members discuss this issue with some of the Councilors. Commissioner Gould wondered what would be different between the Conservation Commission and the Sustainability Commission. Larry Giardina summed up the present duties of the Commission is to advise over energy and water conservation activities, and what they would be asking the Council to do is give the Commissioner a broader authority to allow them to advise over many Commission's activities in many fields other than energy and water. Commissioner Cellini feels the Council does not necessarily take this Commission seriously because AWAC did not include anyone from the Conservation Commission and felt they should have been a voting member with this committee. She feels the Commission needed to be involved. Commissioner Beam suggested he may not be the right person to move from the Conservation Commission to a Sustainable Commission but supports creating a charter, action plan and feels there should be more regional involvement. Commissioner Beam made a motion to add a 13'"meeting this year. Commissioner Beam withdrew both motions. Commissioner Runkel was in favor of drafting out a plan, then asking Council for endorsement. Commissioner McGinnis was in favor of speaking to different councilors and postponing a retreat to November. The Commissioners talked about what would be the best approach to accomplish this goal, including a retreat, drafting a letter, goals, City Council goals, and/or forming a subcommittee. Chairperson Hartman would like to see a retreat that would be focused, organized and able to move forward with an action plan and charter. Commissioner McGinnis made a motion that the Commission meet on October 22 for 4-6 hours to define our mission and charter as a sustainability Commission to fit with the City Council goals and any other sustainability area that were relevant. Motion was seconded by Commissioner Runkel Motion withdrew, second withdrew. Commissioner Cellini moved the Commissioner move the September meeting from September 28'h to September 27`", focusing the entire meeting on a draft outline for the sustainability Commission. The motion was seconded by Commissioner Beam. Voice Vote: All Ayes. The motion passed with a unanimous vote. The members formed a subcommittee to meet ahead of time to do some prep work on constructing a letter to the Council. (Jim McGinnis, Stuart Corns, Cat Gould and Sheri Cellini will meet.) Lee Tuneberg spoke to the Commission regarding the structure of a letter to the Council. Item F Budget Prepaid Leaf Bags Commissioner Buck gave the history of this project and the Commission participation. She announced Recology will be holding 3 free leaf drop off days. Public Works Department contributes $500. The members discussed different options. Larry Giardina reported to the Commission regarding the LED winter light project they discussed in past meetings. The Festival of Lights event is paid for by the Chamber of Commerce, approximately$20,000 a year. They do have a plan to change all the lights to LED lighting and have created a standard. Other options include funding snowflakes or a lantern at approx. cost of$250.00 a lantern. Commissioner McGinnis made a motion to contribute $300.00 to the Leaf Bag Program. The motion was seconded by Commissioner Cellini. Voice Vote: All Ayes except Commissioner Buck who did not vote. The motion passed with a majority vote. Old Business, Item B North Main Road Diet Commissioner Runkel spoke to the Commission about concerns regarding the project and the environment. He would like to see an environmental study be proposed to the City Council, to determine the consequences of converting the mile and one-half of North Main Street. He doesn't believe anyone has looked at that aspect, and as a Conservation Commission, they should address any energy usage, and potential environmental problems. The commissioners discussed different aspects of the project, including safety, property values, businesses, . different areas in the city, sustainability aspects and making changes without knowing the outcome. Commissioner Runkel made a motion the Conservation Commission urges the City Council to do an environmental and energy impact study concerning the "Road Diet". The motion was seconded by Commissioner McGinnis. Voice Vote: All Ayes. The motion passed with a unanimous vote. Chairperson Hartman will draft a letter for the Commission to review. Commissioner McGinnis asked if the Commission would be willing to sponsor his event on September 24'". He asked for 3 posters that would highlight the goals and conservation measures. Commissioner McGinnis made a motion that the Conservation Commission officially becomes a sponsor of the Climate Change Reality presentation on September 24, 2011, at the Ashland Armory. Commissioner Gould seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. Quarterly Liaison Report Recology--postponed COMMISSION ITEMS NOT ON AGENDA Set aside ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by., Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305(TTY phone number is 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 Titlel). CITY OF ASHLAND ��, CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES August 9,2011 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 Melanie Mindlin Absent Members: Council Liaison: None Russ Silbiger,absent ANNOUNCEMENTS Commissioner Marsh announced tonight is Larry Blake's last night and thanked him for his service on the Planning Commission. Community Development Director Bill Molnar noted the Mayor is recommending the appointment of Eric Heesacker and Mick Church to the Planning Commission and this will be voted on by the Council at their August 16 meeting. He also announced at the last Council meeting the draft Historic Design Standards updates were presented and the Council voted for staff and the Planning Commission to move forward with the code amendments to implement those changes. CONSENT AGENDA A. Approval of Minutes. 1. July 12,2011 Regular Meeting. Commissioner Dawkins/Miller m/s to approve the Consent Agenda.Voice Vote: all AYES.[Commissioner Mindlin abstained] PUBLIC FORUM Jim Fong1759 Leonard St/Commented on the cell tower decision that was made last fall and explained he has met with staff on how to codify the Council's decision in the municipal code. Mr. Fong commented on how other communities handle the placement of cell towers and recommended the City create a fair and balanced process for applicants and residents alike. He requested this issue be looked at by the Commission and adopted with the next"housekeeping"ordinance prior to the one year anniversary of the Council's decision. Rod Newton/1196 Timberline Terrace/Commented on the cell tower decision and how to incorporate new language into the municipal code that would address future telecommunication applications. Mr. Newton explained they have researched the cell tower laws of other communities and found that some require a deposit fee from the applicant that is used to hire professionals who can provide a third party review of the applicant's technical materials. He stated this type of provision works well for other cities and believes it would be valuable for Ashland to have something like this in place. Mr. Molnar noted staff has been compiling a list on minor language changes that need to be incorporated into the municipal code, and codifying Council's decision on the cell tower appeal has been added to that list of"housekeeping'measures. He stated as part of the Pedestrian Places code amendments,there are some small changes to the Site Design chapter, and stated they could include these amendments in the Pedestrian Places package when it comes forward. Mr. Molnar stated he does not expect codifying the Council's decision to be controversial; however the deposit element is something new and will need to be further Aslrlarrd Planning Commission August 9. 2011 Page 1 or 3 discussed. He stated staff will bring this issue back before the Commission at an upcoming meeting and they can decide whether it is appropriate to move forward with this incorporated into the Pedestrian Places amendments or separate it out. Comment was made that there is nothing wrong with codifying the Council's decision in the code, however there needs to be a much larger discussion at the Council level on how the city wants to handle the placement of telecommunication facilities and whether to adopt some type of fee for independent review of application materials.Additional comment was made that the Commission does not have the authority to adopt new fees, and any sort of deposit as recommended would need to be approved by the Council. 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 the Hamilton Creek floodplain along Tolman Creek Road.COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;ZONING: R-1.7.5;ASSESSOR'S MAP#: 391 E 23 BA; TAX LOT: 308 and 501 Commissioner Marsh noted this action was continued from the July meeting and read aloud the procedures for land use hearings. Ex Parte Contact No ex parte contact was reported by any of the commissioners. Commissioner Mindlin stated she has reviewed the packet materials, watched the July meeting video, and conducted a site visit. She stated she feels able and prepared to act on this item. Commission Blake stated he did some Google mapping of the site; and Commissioner Marsh conducted a site visit. Staff Report Associate Planner Derek Severson provided a brief overview of this action. He noted the public hearing was held at the July meeting but due to a request to leave the record open the Commission was unable to deliberate. Mr. Severson stated the packet contains the materials that were submitted while the record remained open and recommended the Commission address the following outstanding issues in their deliberation: • Trees and tree protection • Pedestrian Easement from Apple Way • Sidewalk exception to accommodate sidewalks on the north side only • Variance to reduce the on-street parking Questions of Staff Mr. Severson clarified several elements of the application, including the recommended conditions put forward by the applicants. He explained if it is not possible to relocate the pedestrian path as indicated on the plans,the applicants would create the connection along the existing easement that crosses the creek. In regards to the sidewalk exception, he stated staff is supportive of the exception but believes a continuous connection from Tolman Creek to Apple Way needs to be provided. Mr. Severson also commented on the on-street parking variance. He stated the applicants are very close to meeting the parking requirements and staff is recommending they present a revised site plan that accommodates the required number of spaces. He also clarified once constructed this would be a public street and staff does not believe the on-street parking will create a conflict when the adjacent lot develops. Deliberations& Decisions The Commission discussed the treatment of the trees,the variance to the on-street parking requirement,and the sidewalk installation. Support was voiced for a sidewalk on the north side and having a pedestrian easement that connects this development to Apple Way. Comment was made that the proposed route for the pedestrian path was preferred, but if negotiations fall through the original location will suffice. The Commission deliberated on the parking element and whether to grant the variance to the on-street parking requirements. Several comments were made voicing support for the applicants to meet the requirements and not granting Ashland Planning Commission Augusl 9. 2011 Page 2 of 3 the variance. Upon further deliberation,suggestion was made for the applicant to accommodate the parking requirement as each phase is completed and general support was voiced for this. Commissioners MindlinlDawkins mis to approve the Outline and Final Plan for the performance standards subdivision;to incorporate the applicant's revised language for Conditions#3c,#3g and#6e; to eliminate the language regarding removal of the loop;to meet the parking requirements as the development is phased (each space to be within 200 ft as required); and to grant the exception to the street standards to not require sidewalks on both sides of the street. Roll Call Vote: Commissionefs Blake, Dawkins, Miller, Mindlin and Marsh,YES. Motion passed 5.0. OTHER BUSINESS A. TSP Joint Meeting Follow-Up Discussion Commissioner Marsh asked if any of the commissioners wanted to share any follow up comments from the last joint TSP study session. Commissioner Dawkins commented on the placement of sidewalks and stated sometimes having a sidewalk on just one side of the street makes a lot of sense,and cited the sidewalk on Strawberry Lane as an example of where a sidewalk should not have been placed. Suggestion was made for the Commission to discuss the sidewalk regulations at the next Commission Retreat. Mr. Molnar agreed that this is worth discussing and commented on the basis for these regulations. ADJOURNMENT Meeting adjourned at 9:10 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission August 9. 2011 Page 3 of 3 C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES August 23,2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:10 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Maria Harris, Planning Manager Eric Heesacker Brandon Goldman, Senior Planner Pam Marsh April Lucas, Administrative Supervisor Debbie Miller Absent Members: Council Liaison: Mick Church Russ Silbiger, absent Melanie Mindlin DISCUSSION ITEMS A. Pedestrian Places Proposed Code Amendments. Planning Manager Maria Harris provided a brief background of the Pedestrian Places project and explained new code language has been drafted to address the five key recommendations that came out of the final Pedestrian Places report. She noted the five recommendations were to: 1)increase the allowable floor area ratio(FAR), 2)establish a maximum building setback, 3)establish a minimum building height,4)revise the landscaped area requirements, and 5) reduce the parking standards. In addition,some "housekeeping"updates are included in the amendment package, including language to codify the Council's decision regarding telecommunication facilities. Ms. Harris reviewed the proposed code amendments for AMC sections 18.72, 18.92, 18.68, 18.108, the Ashland Site Design & Use Standards,and the Ashland Street Standards. She also provided a review of the proposed new chapter titled 18.56 Overlay Zones. PUBLIC INPUT Colin Swales/143 Eighth Street/Noted Southern Oregon University's plans to construct dorms on the north side of Siskiyou Blvd. and commented on providing adequate crossings and pedestrian areas for students. He recommended public an installation be a requirement for new buildings in the detail review zone,and also voiced support for solar photovoltaic parking lot shading. Regarding arterial setbacks, Mr. Swales suggested mini-plazas be incorporated to avoid a continuous facade of buildings. Cate Hartzell1892 Garden WaylQuestioned what was driving this process and expressed concern with the proposed change to AMC 18.72.090 regarding administrative va?lances to the Site Design and Use Standards. She stated that while creative ideas are good, property owners need to be given some assurance of what might be developed. Ms. Hartzell also recommended examples be provided that show what a development might look like under the current code, and what it could look like under the revised standards. Jay Harland/4497 Brownridge Terrace, Medford/Stated he is speaking on behalf of Rogue Federal Credit Union and agreed with the concerns raised by the previous speaker in regards to the variance issue. Mr. Harland recommended the Commission incorporate a provision for floor area ratios to be dealt with on a project basis, instead of lot by lot. He also spoke to the setback issue and stated a 5 foot setback is really tight; and questioned if utility easements might create problems with a setback this narrow. Chris Hearn1515 East Main Street/Stated he is speaking on behalf of IPCO and the Brombacher family. Mr. Hearn stated the initial Pedestrian Places plan showed a road through his client's property, and while he did not see this on the current version of the plan, asked if this would come up again. He stated the Brombacher's property is zoned E-1 and encouraged the Commission to promote Ashland Planning Commission Augusl 23, 2011 Page 1 of 3 this area and not overly regulate it. He also raised issue with delivery vehicles that serve the E-1 businesses and questioned if they should be increasing pedestrians in these areas. Ms. Harris commented on the road issue and clarified there was a circulation plan that showed various street connections, including one on the Brombachei's property. She stated staff has met with Mr. Brombacher and Mr. Hearn and are recommended they delay the adoption of these circulation maps until the TSP Plan is complete. Senior Planner Brandon Goldman commented that this connection issue is much bigger than the Pedestrian Places project, and noted this issue also came up with the Interchange Area Management Plan. Zach Brombacher11370 Tolman Creek Dr/Stated he has been here for 40 years and resents that the City wants to provide a connection through his property to benefit someone else. He stated it is the City's fault for not acquiring the right connects to Washington Street and this should have been considered before it was annexed. Mr. Brombacher stated he has plans to do more things and bring more jobs to Ashland,and every square foot of his property is needed. COMMISSION DISCUSSION Commissioner Marsh recommended they frame their discussion by addressing each issue one at a time. Floor Area Ratio—It was clarified the proposed language would increase the minimum FAR from .35 to .50, and delete the maximum FAR. Several comments were made voicing support for the proposed increase to .50. Maximum Setbacks—Comment was made voicing support for a slightly deeper setback; perhaps 10 ft instead of 5 ft. Ms. Hams commented on the issue raised during public testimony regarding utility easements and stated she does not anticipate this being a problem. She added the proposed change would keep buildings from being pushed too far back, unless the extra space is used for plaza and outdoor seating areas. Staff was asked to take another look at the utility easement issue and make sure this is not problematic. Green Parking—Ms. Harris clarified this requirement would apply to all parking areas with more than 7 spaces. Several commissioners expressed interest in solar panels to create shade and generate power. It was questioned if there is anything in the code that would prohibit this, and whether there are ways they can encourage this type of treatment. Comment was made questioning if enough tree shade can be generated in 5 years to meet the requirement;and whether 10 years might be more appropriate. Residential Overlay Zone—Ms. Harris clarified staff used Eugene's code as a basis, and stated if is a common approach in land use codes to have one chapter that addresses all of the overlay zones within a community. Commissioner Marsh asked if anyone was opposed to a residential overlay, and asked if staff had modeled this to ensure it would work. Comment was made questioning why schools were proposed to be excluded in this zone. Ms. Harris clarified this recommendation had come from the consultant; however staff is not recommending any change in uses. Administrative Variance—Ms. Harris clarified this recommendation came from the Siegel Report and allows applicants to receive a variance without proving demonstrable difficultly so long as it results in a design that equally or better achieves the purpose of the Site Design& Use Standards.Comment was made questioning if they should exclude Type I's(staff decisions)from this revision. Statement was made that this change would broaden the discretion of staff and the Planning Commission,and a public hearing should be required. Ms. Hams explained the code is a living document and if the new language does not achieve the desired result they can always change it back. Comment was made voicing support for the concept of more creative designs, however the downside is reduced predictability. Wireless Cell Phone Towers—Ms. Harris provided an overview of why this code change is recommended.She explained last fall the City Council held an appeal hearing on the Planning Commission's decision of the AT&T application, and in their ruling made an interpretation of AMC 18.72.180.D.2 to mean a stepped hierarchy of the list of preferred designs. She stated based on that decision, and because we are in the process of revising this same chapter, it seemed appropriate to include the Council's interpretation at this time. Ashland Panning QomnllSSIOn August 23. 2011 Page 2 of 3 James Fongf759 Leonard/Commented briefly on solar parking shading and recommended they contact a local associate. Mr. Fong also spoke to the cell tower decision and codifying the Council's decision in the land use code. He stated he has met with City staff regarding this and warned they are nearing the one year anniversary of the decision date. Mr. Fong stated they initially discussed this element coming forward with the next"housekeeping"ordinance, but since that was delayed they are now asking this get codified with the other changes they are considering for this chapter. He added AT&T will be able to come back and resubmit an application after the year is up and urged the Commission to adopt this language. He also commented on determining "feasibility", and recommended the City require applicants to provide a fee that the City could use to hire consultants to perform an independent analysis. Comment was made questioning if staff and the Council had considered adding this fee. Ms. Hams explained staff is looking into this and felt at a minimum we needed to get the Council's interpretation into the ordinance since we are nearing the year anniversary. She stated in the mean time staff will be looking into the suggestion to charge an independent analysis fee. She added this is more of a policy decision and the City's Finance and Legal departments will need to be consulted to flush out how this fee would be collected and returned. Cate Hartzell/892 Garden WayNoiced her appreciation for getting the Council's decision into the code as quickly as possible, however she would like to see the fee adopted as well. Ms. Hartzell stated the current proposal is bare bones and would like to have a larger discussion as a community about how they want to handle these types of applications. Staff clarified that a fee for independent review would need to be charged up front, and if any money remains after the analysis is complete it would be returned to the applicant. Commissioner Marsh voiced her opinion that the Commission should define their role as narrowly as the wording in front of them, and stated the Commission does not have the authority to enact new fees. No objections were voiced to the code amendments as presented, and it was agreed that the public hearing on the code changes would be held on October 11, 2011. Comment was made that the addition of a fee should be researched by staff and brought before the City Council for discussion. B. North Normal Avenue Neighborhood Grant Senior Planner Brandon Goldman announced the City of Ashland has received a grant for the Normal Street project. He stated the City Council voted to move forward and gave their direction for an Intergovernmental Agreement. Mr. Goldman stated the next steps will be drafting the project scope and selecting a consultant, and staff expects this project to start at the beginning of the year. C. Buildable Lands Inventory Update Senior Planner Brandon Goldman provided a brief presentation on the Buildable Lands Inventory Update. He reviewed the purpose, land availability,demographics and land supply figures. Colin Swalesl143 Eighth StreetNoiced concern that partially vacant land is not accounted for and hopes this can be updated. Mr. Swales stated there is already plenty of R-2 and R-3 land within the City that is underdeveloped (often a single family home on a large lot) and no rezoning is required or needed. He added he would like to see more emphasis placed on infill and not annexing. ADJOURNMENT Meeting adjourned at 10:15 p.m. Respectfully submitted, April Lucas,Administrative Supervisor Ashland Planning Commission August 23. 2011 Page 3 or 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES August 23, 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: Michael Dawkins Maria Harris, Planning Manager Eric Heesacker Brandon Goldman, Senior Planner Pam Marsh April Lucas,Administrative Supervisor Debbie Miller Absent Members: Council Liaison: Mick Church Russ Silbiger, absent Melanie Mindlin Commissioner Marsh introduced Eric Heesacker and welcomed him to the Planning Commission. . UNFINISHED BUSINESS A. Approval of Findings for PA-2011.00738, 1405 Tolman Creek Lane. The Commission briefly discussed whether it was permissible to adopt the Findings with only three voting members. Commissioner Marsh commented that the Commission had five voting members at the time the application was approved,and therefore it is her understanding that a quorum of three is needed to adopt the findings. Ex Parte Contact: No ex pane contact was reported. Commissioners Miller/Dawkins m/s to approve the Findings for Planning Action#2011.00738.Voice Vote: Commissioners Dawkins, Miller and Marsh,YES. Motion passed 3.0. ADJOURNMENT Special Meeting adjourned at 7:10 p.m. Respect/ully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission August 23. 2011 Page 1 of 1 CITY OF ASHLAND Council Communication Approval of Grant Applications for Public Works,and Parks Projects and Programs Meeting Date: September 20, 2011 Primary Staff Contact: James Olson Department: Public Works/Engineering E-Mail: olsoniaashland.or.us- Secondary Dept.: Ashland Parks & Rec. Secondary Contact: Rachel Dials Approval: Martha Bennett Estimated Time: Consent Agenda Question: Will the Council approve three grant applications to fund future Public Works and Parks and Recreation Department projects and programs? Staff Recommendation: Staff recommends approval of the following three grant applications: 1. Hersey Street sidewalk construction: N. Main Street to Oak Street, under the CMAQ program. 2. East Main Street re-construction: Mountain Ave. to California Street under the STP program. 3. Bicycle education by the Ashland Parks and Recreation Department under the ACTS Oregon Building Safer Communities mini-grant program. Background: Distribution of federal funds for public works construction projects is administered by the Oregon Department of Transportation (ODOT) but is allocated through the Metropolitan Planning Organization (MPO). Funds are approved through various granting venues such as the Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) program and the Transportation Enhancement (TE) program to name a few. It is necessary to compete for available funds with all of the local agencies within the MPO including ODOT, Jackson County and the cities of Medford, Phoenix, Talent, Central Point, Jacksonville, and Eagle Point. The applications for the E. Main Street reconstruction project and the Hersey Street sidewalk construction project are requests to the MPO to officially enter Ashland's projects into the competition for federal construction funds. These projects, if approved, would be for federal fiscal years 2015 and beyond. The Alliance for Community Traffic Safety(ACTS) Oregon mini-grant is a simple annual grant of up to $5,000 to enhance transportation safety in Oregon. The grant encourages education programs and bicycle and pedestrian related projects. Ashland's application this year is to fund the bicycle education program which has been assumed by the Parks and Recreation Department and will be taught in the following schools: • Ashland Middle School • John Muir School • Walker Elementary School • Bellview Elementary School • Heiman Elementary School Because of the time constraints and grant deadlines, applications have already been made to the various funding organizations, however if Council elects, any or all applications maybe withdrawn. Page 1 of 3 IDA CITY OF -ASH LAN D East Main Street Reconstruction The section of East Main Street from Mountain Avenue to California Street has a failed.pavement section, meaning that the pavement surface is no longer fully intact and the aggregate base can no longer support traffic loads. This condition is indicated by numerous interconnected cracks, referred to as alligator cracks, on the pavement surface. A failed pavement means that more than half of the pavement surface and base must be removed and replaced to improve the street. Preventative measures such as slurry seals, crack sealing and pavement overlays are no longer effective to maintain or prolong the pavement life. The City's pavement management program has indicated that a full re-construction is now required, similar to what was done in the two sections of East Main Street between Mountain Ave. and Lithia Way. The City is requesting $471,500 in STP funds with a City match of$213,500 to complete this much needed work. East Main Street is a major arterial with a traffic load of nearly 11000 vehicles per day and must be maintained to a high standard to accommodate that amount of traffic. Hersey Street Sidewalk Construction Hersey Street is another arterial street with a high traffic volume of 5500 vehicles per day. The City's Transportation System Plan (TSP) suggests that all arterial streets should include sidewalks on both sides of the street. Hersey Street, between N. Main and Oak Street has sidewalks on neither side of the street. There are only a few areas where short sidewalk sections exist in isolated non-connected areas. The current ongoing TSP lists the construction of sidewalks on this street as a very high priority. It is proposed that the sidewalk construction on Hersey Street be funded through the CMAQ program at an estimated cost of$531,000 including a City match of$54,500. This project will be beyond federal fiscal year 2016. Bike Education in Ashland Schools Bicycle education in Ashland has historically been provided at three elementary schools and one middle school by the Bicycle Transportation Alliance (BTA). Recently BTA's scope of education efforts has been reduced while costs have continued to rise. The most current estimate for the upcoming year is nearly $15,000. In an effort to provide a wider range of services and to reach a larger number of students while still reducing the costs, the Ashland Transportation Commission has recently approved a proposal for the Ashland Parks and Recreation Department (APRD) to assume the role of Bike Education which was previously provided by BTA. With this school year, APRD will be providing all bicycle education in the five Ashland elementary schools, including Helman, Bellview, Walker John Muir and Ashland Middle Schools. The course instructor will be Egon Debois, a certified bike instructor who has taught for many years under the BTA program. This program is an excellent way in which we can ensure that all funds are used exclusively in Ashland and that the program is crafted for Ashland's needs. It is estimated that the cost of the program will be approximately $7,000. Support for the BTA program has historically come from the Bike Swap proceeds and from the Bike and Pedestrian and the Traffic Safety Commissions. The Transportation Commission continues to provide support for the program. The ACTS Oregon Building Safer Communities mini-grant may also be able to provide Page 2 of 3 CITY OF ASHLAND funds for this program. The City has requested the maximum amount of$5,000 for this excellent cause. Related City Policies: By authority granted by Oregon Revised Statues Sections 190.110, 366.572 and 366.576 the City and State may enter into cooperative agreements for performance and funding of work on certain types of improvement projects. Council Options: • The Council may approve the three listed grant applications • The Council may approve one or more of the three listed grant applications • The Council may decline to approve any of the three listed grant applications Potential Motions: • Move to approve all three of the listed grant applications • Move to approve one or more of the three listed grant applications • Move to reject all of the listed grant applications Attachments: • Vicinity map Page 3 of 3 �r, H . aL 1 W N O U U O Ll. 3 O 20''. .- r4 0 r m / a (n U C7 `" a co oxua X m 2�OL�N33i17•NtlWl01 ONN33NO.NtlWl01 Ms m tn E a I e N H--Atl_H3NltlM AV N3NltlM a f W �r OJ Atl.NItl1NOOW,N ,\ —y~y W UI K W S W I ' J z � gko o 3 � �a� N "E II - d B "e Y d @ I O C1 T Y OF ASHLAND Council Communication Update on Council Goals Meeting Date: September 6, 2011 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann @ashland.or.us Secondary Dept.: None Secondary Contact: Martha Bennett Approval: Martha Bennett Estimated Time: Consent Question: Will the City Council accept the update on Council Goals as presented? Staff Recommendation: Staff recommends the City Council accept the update. Background: In February 2011, the City Council adopted goals for 2011-2012 and at a study session on April 4, 2011 reviewed the proposed work plan prepared by staff. As a reminder, the Council goals are organized into five general areas related to the sustainability of Ashland. • Economy • Environment • Social Equity • Infrastructure • Organization The attached document reflects the progress on each Council Goal. Related City Policies: Council Goal Setting Council Options: Council can accept the progress report as presented. Council can identify areas of concern with the progress report and provide direction to staff. Potential Motions: The update is for informational purposes. No action is required. Attachments: 2011-2012 Council'Goals with progress updates for each goal. Page I of I, I r, 2011-2012 CITY COUNCIL GOALS OVERVIEW The City Council has set goals for the next 12 to 24 months to continue Ashland's history as a community that focuses on sustaining itself and its people. To us, sustainability means using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. The City of Ashland has a responsibility towards sustainability in five areas: • Economy • Environment • Social Equity • Municipal Organization • Infrastructure ECONOMY Adopt a comprehensive economic development strategy to: diversifying the economic base of the community; support businesses that use and provide local and regional products; increase the number of family-wage jobs; and leverage Ashland's tourism and repeat visitors Adopt an action plan to ensure City programs and activities support the overall strategic direction by June 30, 2011. Update September 2011: Completed Complete the feasibility study for urban renewal and tax increment financing as a method of funding infrastructure, public facilities, and economic development programs for the Croman Mill District, the railroad district, and the downtown. Update September 2011: On June 6` , the consultant presented the key findings with regards to the first step in determining the eligibility and financial feasibility of an area for urban renewal and tax increment financing. Findings of the first step included: boundaries of urban renewal study areas; real estate market assessment; tax increment revenue and financing capacity projections; analysis of major infrastructure needs in study areas; and a list and evaluation of financing alternatives. On July 18, 2011, the consultant presented the draft Urban Renewal Feasibility Study and Existing Conditions Analysis reports, including the newly completed pieces of the study including the blight analysis, impacts on the overlapping taxing districts and preliminary financing plan The presentation of the final report for the Urban Renewal Feasibility Study is scheduled for Page, 1 of 7 late October or November 2011. Completion Date: November/December 2011 Increase the clarity, responsiveness, and certainty of the development process. Develop a specific action plan to respond to the recommendations of the 2006 Zucker and Seieg] Reports Update September 2011: The Community Development Department continues to build upon the work completed in the 2006 Organizational Audit, by Zucker Systems, as well as initiate the next phase of recommendations contained in the Siegel Report —development of a unified land use code. In July through August 2011, staff identified recommendations of the 2007 Organizational Audit that have been completed, recommendations that were no longer relevant (i.e. suggested increases in planning staff) and a list of the remaining-priorities to be implemented over the next several months. Additionally, approximately a dozen Oregon municipalities responded to a questionnaire staff developed to ascertain information about how other similar communities managed internal coordination of development services. As recommended in the Land Use Ordinance Review by Siegel Planning Services, LLC in 2006, city staff is moving ahead with efforts to improve Ashland's Land Use Code's construction, organization, fornat and graphics by integrating Chapter 18 and all subsequent amendments into one seamless document. On September 6, 2011, the Community Development Department received approval for the Council to apply for a Technical Assistance Grant to assist in the production of a unified ]and use ordinance. If the department is unsuccessful in its grant request, completion of the unified land use ordinance will be completed using existing staff resources. Completion Date: May 2012 (Organizational Audit Recommendations); August 2012 (Unified Land Use Ordinance) ENVIRONMENT Adopt land use codes, building codes, green building standards, and fee structures that creates strong incentives for development that is energy, water, and land efficient and supports a multi-modal transportation system. Update September 2011: There are multiple parts to this goal, including the identification of regulatory barriers within Ashland's Land Use Ordinance, consideration of fee structures and priority processing to create incentives for green building practices and promoting green building through public education and outreach. Planning staff has compiled a list of ordinance amendments that have been considered minor barriers to green building and sustainable planning. These code changes are identified in the scope of work for the Unified Development Code grant. If the city is unsuccessful in its grant request, a sort list of amendments will be introduced to the Planning Commission for Page 2 of 7 discussion in December 2011. Additionally, some of the "green design standards" adopted as part of the Croman Mill Redevelopment Plan will be considered by the Planning Commission in October 2011 for city-wide application. In The State of Oregon Building Codes Division "Reach" code for commercial and residential construction are effective July I" and October 1", 2011 respectively. The Reach Code is a set of statewide optional construction standards for energy efficiency that exceed the requirements of the state's mandatory codes. Since the Reach Codes are optional and not mandatory, Ashland's Building Safety Division is exploring ways to promote the integration of these new code provisions into new construction through staff training and pre- construction meetings, public education materials, consideration of modified fee structures and priority processing for permits incorporating green building practices (similar to what Ashland's code allows for LEED construction). Staff is considering forming an informal technical,advisory committee consisting of local architects, builders and other involved in the construction trade to offer feedback throughout the project. Completion Date: August 2012 Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands. Update September 2011: City of Ashland is not likely to have to use/pay for Tier 2 power in the next two years due to conservation efforts and flat or reduced usage during parts of the year. That leaves the City with "head room" between current demand and the high water mark during the coming 2 years. Continued conservation efforts and assisting large-use customers to avoid peak demands will help delay the need to use and pay for Tier 2 power. Sending a "pricing signal" to users who could force paying higher rates should be part of the electric rate study now being planned for 2012. Completion Date: Ongoing Implement specific capital projects and operational programs to ensure that City facilities' and operations are a model of efficient use of resources. Update September 2011: City Staff continues to collect, analyze and maintain recourse consumption data (energy, water, fuel, trash, etc) both by Department and facility/building in order to establish benchmarks by which improvements would be measured against. No comprehensive program has yet been drafted to prioritize or select specific resource consumption reduction actions or activities. Individual and independent actions and activities are being implemented by Department or Division as deemed appropriate by Department Head approval. Conservation staff has assisted in the implementation of lighting retrofits and water Page 3 of 7 efficiency fixture change outs in a variety of City facilities and continue to work with City Facilities Staff to identify further conservation opportunities. Completion Date: Ongoing Develop a concise sustainability plan for the community and for City operations. Update September 2011: At the April 4 study session Council agreed to have the Conservation Commission take on a form of sustainability planning. Council will receive an update from the Conservation Commission at the October 4 City Council meeting. Completion Date: Ongoing SOCIAL 1 Decide whether to develop or sell the remaining land on Clay Street. Update September 2011: On September 6, 2011, the Council approved by motion to land bank the property at 380 Clay until such time as land values and lending conditions are more favorable to maximize value through sale or development as affordable housing (approximately 12-months). At the September 6`h meeting, the Council approved by motion to transfer the city-owned property at the end of Chitwood Lane to the Parks Department for the amount of the original acquisition ($125,059) and direct the proceeds to the Housing Trust Fund. In discussions with Don Robertson, Parks Department Director, he has indicated that the Parks Commission recently discussed the 0.32 acres of property and has indicated that they are interested in acquiring this property for parks purposes. Complete: Staff will re-evaluate the lower Clay Street property in July/August 2012. Appoint an ad-hoc committee to make recommendations to the City Council by December 31, 2011 about how the City and partner organizations can work together in the long run to address the needs of homeless people and to reduce homelessness in the community. Update September 2011: The ad hoc Homelessness Steering Committee has met several times over the past four months and will make a report to Council on October 4. Completion Date: March 2012 ORGANIZATION Develop plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams. Adopt policies and targets to use surpluses in ending fund balances to fund longer- Page 4 of 7 term reserves. Implement 2010 Council direction on Ending Fund Balance targets. Update September 2011: The City has updated Ending Fund Balance Targets, Financial Management policies, internal controls/procedures and complied with the Government Accounting Standards Board Statement 54 on the categorization of revenues and corresponding restrictions in the fund balances. The June 2011 EFBs for most funds meet or exceed the targets set. The Reserve Fund EFB is over$500,000 and budgeted to be over$850,000 at June 30, 2012. Updates on the goal will be scheduled for a future study session and Council can discuss what points of financial tracking are meaningful enough to them for inclusion in the quarterly report beyond what is currently provided. Some might be entity oriented like debt load, property values, operational metrics, etc. and others might be citizen oriented like cost per capita for a service, low-income assistance, average utility costs, service satisfaction, etc. Some "dash board" metrics may require data from outside the entity or investment-(time- or money) in systems to gather data or monitor changes outside of our existing systems. Completion Date: Ongoing Adopt a plan to increase the City's ability to afford the cost of employee benefits while ensuring that employee benefits remain a tool for recruiting and retaining a high quality work force. Update September 2011 City Staff were able to work with our Labor-Management Committee to implement a healthcare change from the City County Insurance (CIS)pool to Pacific Source Health Insurance April 1, 2011. We will be working with our Benefit Consultant and the Labor- Management Committee to evaluate our experience data over the next 2-3 years to determine if self-insurance is a viable option. During that time, the City will be able to look at trends and utilization data that wasn't available in the CIS pool to help make decisions about our healthcare future. We will be using the Labor-Management Committee to look at utilization data to make changes to our benefit program to ensure it is meeting the needs of our employees and remains valuable tool in recruitment and retention. Completion Date: Ongoing Recognize and affirm the value of the contribution of volunteers to the City and the Community. Update September 2011: Staff has discussed different ideas to recognize and celebrate volunteers but has not identified a specific idea for implementation. Completion Date: Ongoing Page 5 of 7 Move to a biennial budget, with adjustments and policy discussion in the second year, with the first two year process for Fiscal Years 2012-2013 and 2013 -2014. Update September 2011: This was discussed during the FY 2011-2012 budget process. It is scheduled for a Study Session on September 19, 2011, and for approval at the October 4, 2011, Council meeting. The schedule for implementing advanced budget software is dependent and contingent upon validation of the goal no later than October 4`h. Completion Date: Adoption of budget in June 2012 Evaluate the need to revise the powers, duties, and membership of the Tree Commission, Housing Commission, Conservation Commission, Public Arts Commission, and Planning Commission. Update September 2011: At the April 4 study session Council agreed that a councilor and the council liaison to the listed commissions will work with each group to determine current issues, possible new charters and then forward that information to the Council for a decision. Once the changes/updates are identified, staff will draft ordinance language for Council approval. Completion Date: Spring 2012 INFRASTRUCTURE Adopt an integrated land use and transportation plan to increase the viability of transit, bicycles, walking and other alternative modes of transportation; reduce per capita automobile vehicle miles traveled; provide safe walking and bicycling routes to home; work, shopping and schools; implement environmentally responsible design standards, and minimize new automobile-related infrastructure. Update September 2011: The Transportation System Plan process has set forth five sets of white papers totaling 27 different transportation topics such as: green street standards, shared streets, roundabouts, railroad crossings, street patios and road diets. These topics have been discussed by the Transportation and Planning Commissions, by a Technical Advisory Committee and have been discussed at various public open houses. Some topics have been discarded while others have been selected for inclusion in the final TSP documents. One particular topic that was selected for further study was implementation of a trial road diet on North Main Street. This concept involves reducing vehicular travel lands from four lanes to three lanes. Following several public meetings and a hearing by the Transportation Commission, this topic was considered by the City Council on August 2, 2011. The council agreed that the realignment of the North Main, Hersery/Wimer intersection, a critical component of the proposed road diet, be implemented first and the trial road diet implemented next. This project will occur in the spring of 2012. Public Works staff is working with interested stakeholders to complete the design for the intersection to meet the spring construction schedule. Page 6 of 7 The Transportation Commission and the Planning Commission will meet jointly on Sep 27 to review technical memorandum No. 9 which addresses the preferred and financially constrained projects. Completion Date: Early 2012 Adopt an integrated Water Master Plan that addresses long-tern water supply including climate change issues, security and redundancy, watershed health, conservation and reuse, and stream health. Update September 2011: Council heard an update on the Water Master Plan at the September 6 City Council meeting. Council will review a draft Waster Master Plan in December. A final Water Master Plan will be-presented to the City Council for adoption early 2012. Completion Date: Early 2012 Complete a feasibility and financing plan regarding renovating the Grove for the Ashland Police station. Evaluate use of the existing police station for other City office needs. Update September 2011: Parks and Recreation hosted a meeting with current users of the Grove on Wednesday September 7 to listen to user space needs should the programs be moved to a different location. P&R staff toured Lincoln Elementary school as a possible location for recreation programs. Straus and Seibert Architects have developed two design options for the police station: remodel and expand the current station and remodel the Grove. The Public Safety Bond Committee will review the two options and prepare a recommendation for the City Council. Council will review the options at a study session in November. Completion Date: November 2011 Page 7 of 7 CITY OF ASHLAND Council Communication Appointment to Forest Lands Commission Meeting Date: September 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christebnashland.or.us Secondary Dept.: Mayor's Office Secondary Contact: Mayor Stromberg Approval: Martha Bennett Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of James Berge to the Forest Lands Commission with a term to expire April 30, 2012? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Forest Lands Commission on application received. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of James Berge to the Forest Lands Commission. Potential Motions: Motion to approve appointment of James Berge to the Forest Lands Commission with a term to expire April 30, 2012. Attachments: Application received Page I of I 1WWA , RECEIVED / JUL 11 eon ASHLAND ► L APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall,20 E Main Street, or email cln;steb(n-ashland.or.as. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name_ J iA M.V-,!:> Requesting to serve on: r c R t JT (Commission/Committee) Address If 51 P A R ICU I D tr p R t v G Occupation to Phone: Home Y 62- ro 8 O Work 171- 65: zy Email arc-tiyvg� i�,(`j�V}.,p,r9 Fax 1. Education Education Backeround What schools have you attended? U.4 ryers i� o( ���y Ut ah S+ak, C.I�,WS, What degrees do you hold? B.S• !'e es► Mo J/ a S 1 (A JnVtr What additional training or education have you had that would apply to this position? C, po-lf Cx QL C wla+l ery q o r p aA� 2. _Related Experience t J What prior work experience have you had that would help you if you were appointed to this position? 3 0 t Utz cry of Fo �slry C xP�i�(9� Do you feel it would he advantageous for you to have further training in this field, such as attending conferences or seminars? Why? No ar, un� ,t .ablq r �o �fi, 3. Interests Z Why are you applying for this position? I o f �a�ti � e 1 n YS,a �� .c on V9s J H.. n d'I.t,. wa -d . 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? _ P;SS 1lo11 5. Additional Information How long have you lived in this community? Please use the space below to summarize any additional qualifications you have for this position tc+�� �d ke�r. 14 Tg— IgFSS 't"� mlat✓Srt�l vn�,t 1`187- rQ0 £5 +'—).tr5 CLLU Iaycshf- 1488 - 2.CCn 'f�.,.6ti i,-czonc3 ,Y4�-t`;Qy spt QI cc�k.zlf- A000 zcot STewaR� sr-/,f CCniTR.4cT-iAir a.eC3 - P.-�ae � T.-- I,w Sa, cy. { �- Rd �sal.-ac�c+� / C 2oz8 - p,-jc.4V- t�-)jId'o,nd Fvtr.. In end.. d Ma e.,�r,d Tenw n ye.rpZ Date Signature C I T Y OF ASHLAND Council Communication Student Liaison Addition of Membership to Public Arts Commission Meeting Date: September 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(r�ashland.or.us Secondary Dept.: Mayor's Office Secondary Contact: Mayor Stromberg Approval: Martha Bennett Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's addition of membership to the Public Arts Commission for a Student Liaison? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's addition of membership to the Public Arts Commission for a Student Liaison. A letter of approval by the Southern Oregon University Student Senate has been received which confirms their approval. Related City Policies: Ashland Municipal Code (AMC),Chapter 2.04.090(E) Council Options: Approve or disapprove Mayor's addition of membership to the Public Arts Commission for a Student Liaison. Potential Motions: Motion to approve/disapprove Mayor's addition of membership to the Public Arts Commission for a Student Liaison. Attachments: Application received SOU letter of confirmation Page I of I �r, Abby Capovilla �VEz i�415 MAY 12 2011 91 Morton Street Apartment#1 BY: Ashland, OR 97520 (541) 806-0357 capovilla @students.sou.edu May 12, 2011 Barbara Christensen Recorder,Treasurer City of Ashland 20 East Main Street Ashland, OR 97520 Dear Ms. Christensen, 1 would like to inquire about the possibility of an opening on the Public Arts Commission. I recently participated in the Oregon Chapter of the American Planning Association conference, Much Ado About Planning,here in Ashland. I had the opportunity to converse with Michael Pina, among other members of the Planning Department staff. Michael,as well as my professor and advisor, Pat Acklin, urged me to apply for a position on the Public Arts Commission because of my enthusiasm and earnest interest in public art, land use planning, and community development. My pursuance of this position has stemmed from many research projects and presentations on public art and public spaces through courses at Southern Oregon University. I am currently a senior and these courses will culminate into a Bachelor of Science degree in Environmental Geography, complimented by a Land Use Planning Minor in addition to a Studio Art Minor. l will graduate in the winter of 2012. I am planning on attending the next Public Arts Commission meeting on May 27. My schedule is flexible and 1 am available to interview if an opening for a position on the Public Arts Commission arises. 1 am eager to support public art in Ashland and I am capable of making beneficial contributions to the Public Arts Commission and would be grateful for the opportunity to work with the City of Ashland. I thank you for considering my application and appreciate your time. Sincerely, fAbbyCa villa CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebAashland.onus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Abby Capovilla Requesting to serve on: Public Arts Commission (Commission/Committee) Address 91 Morton Street, Apartment# 1, Ashland, OR 97520 Occupation Student Phone: Home 541-806-0357 Work Email capovilla(i students.sou.edu Fax 1. Education Background What schools have you attended? Southern Oregon University (Ashland, OR) and Pacific University (Forest Grove,OR) What degrees do you hold? In winter 2012, 1 will complete a Bachelor of Science in Environmental Geography, a Land Use Planning Minor, and a Studio Art Minor What additional training or education have you had that would apply to this position? Through university courses I have acquired education in Geographic Information Systems and cartography. I have become familiar with the City of Ashland's Site Design and Use Standards among other ther planning related processes. I will also be taking a summer course,Nonprofit Grantwriting and Government Relations. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I am seeking to gain further work experience in this field. I have been involved in many art shows, critiques, and events of friends and colleagues,and of my own. Locally, I have attended the Art in Bloom show at the Rogue Gallery & Art Center in Medford the last two years, and participated as an artists' assistant for demonstrations at this event. I have conducted extensive personal research on public art, guided walking tours, and have gained experience through travel and observations in many countries around the world. Do you feel it would be advantageous for you to have further training in this field,such as attending conferences or seminars? Why? Absolutely. I welcome new experiences to expand my knowledge and skills associated with public arts. 3. Interests Why are you applying for this position? My enthusiasm for the arts has been life-long, and public art is a wonderful compliment to public spaces that builds the character and quality of a place. I am interested in helping the Public Arts Commission to work towards collective goals in the community. I am also looking forward to working with the other members of the Public Arts Commission to integrate new ideas into projects that will interconnect and provide information and new experiences for people in Ashland. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I would be available to attend meetings and my schedule can accommodate morning or evening meeting times. 5. Additional Information How long have you lived in this community? I have lived in Ashland for over four years. Please use the space below to summarize any additional qualifications you have for this position My background and passion for art support a well-rounded, integrated perspective that will be beneficial for this position. I am excited about the social, cultural, and economic opportunities of public art, which have a profound impact on the landscape. I have become increasingly connected within the art community in the Rogue Valley and public art is a facet that I am eager to continue learning about and exploring. It would be an honor to become part of the Public Arts Commission for the City of Ashland. 1 would be happy to provide references upon request. May 12, 2011 Date Si n ture so Southern OREGON UNFVERSffY Barbara Christensen Recorder,Treasurer City of Ashland 20 East Main Street Ashland, OR 97520 September 6, 2011 Dear Ms Christiansen: Thank you for accepting Abby Copovilla,as the student ambassador on behalf of Southern Oregon University to the Ashland Public Arts Commission. We trust that Ms. Copavilla's participation and input will add value to the commission. We are pleased with Ms. Copavilla's application,and appreciate this opportunity for students to both learn from and give to the City of Ashland. This letter confirms Abby Capovilla has fulfilled her responsibilities to Southern Oregon University student government interview processes. She was approved by the Associated Students of Southern Oregon University,Student Advisory Council,summer student government,on July 6,2011 and is eligible to begin her work with you at this time. Si cerely yours, Has an A. Har`rts— `�—�-- ASSOU President Student life Stevenson Union 1250 Siskiyou Boulword Ashland,Oregon 97520-5093 T: 541-552-6461 F: 541-5526440 CITY OF ASHLAND Council Communication Approval of a Lease of the Property at 5 Water Street Meeting Date: September 20, 2011 Primary Staff Contact: James Olson Department: Public Works/Engineering E-Mail: olsonj @ashland.or.us Secondary Dept.: Community Development Secondary Contact: Morgan Wayman Approval: Martha Bennett Estimated Time: Consent Agenda Question: . Will the Council approve a 12 month lease of property at 5 Water Street located at the corner of`B" and Water Streets? Staff Recommendation: Staff recommends approval of a 12 month lease of the property at 5 Water Street located at the corner of`B" and Water Streets. This property will be utilized as an equipment and material staging area and as creek access for the Ashland Creek Bank Stabilization Project No. 2006-29. Background: It is proposed that the property located at 5 Water Street be leased by the City for$1,000 per month for 12 months beginning October 1, 2011. This property which is located on the south bank of Ashland Creek and on the east side of Water Street is ideally suited to provide access and material and equipment staging for the Ashland Creek Bank Stabilization Project No. 2006-26. Access through this property will eliminate the need to route construction equipment through the creek channel, thereby saving over $10,000 in stream mitigation costs. Project Description The Ashland Creek Bank Stabilization Project will remove silt that has deposited below the Water Street Bridge and will remove invasive species growth along the creek banks. The goals of the project are to increase flood capacity in the area, to re-establish a flow gradient in the creek which will allow the creek to be naturally self-cleaning, and to remove fish barriers. The Million Irrigation diversion dam, located 100 feet below the Water Street Bridge, was constructed over 80 years ago. This concrete dam diverts water from the creek into the Million Irrigation System pipeline. The dam is only about two feet high but it significantly and negatively impacts the creek in two critical ways. First, the dam provides a barrier to fish passage and secondly it raises the elevation of creek channel so the grade is nearly flat for the entire 100 feet from dam to the bridge. By removing the dam the creek channel grade can be re-established with over a two percent grade ensuring that silt will no longer settle out in this area and that fish can freely move along the creek. By extending the pipeline intake another 100 feet upstream the Million Irrigation System will still function as before. An approved fish screen will be installed downstream to ensure that fish do not enter the irrigation pipeline. The fish screen is partially funded (50 percent) by the Oregon Department of Fish and Wildlife. In addition to the removal of the dam, the project will also include construction of several low rock vanes or riffle pools similar to what was done in Ashland Creek downstream of the Page I of 2 CITY OF ASHLAND Winburn Way bridge. These vanes create shallow scour pools and ensure the creek velocity remains high enough to remove suspended silt while providing ideal fish spawning habitat. Creek Access The City has no ownership along this section of the creek other than at the Water Street bridge and access into the construction area is severely limited. To gain access to the section of the creek below the bridge would require travel over private property north of the work area, then along the creek channel for over 300 feet. This long travel area would be included in the creek bypass and mitigation area. Work within active creek channels is controlled and permitted by the Department of State Lands (DSL) and by the Corp of Engineers (COE). One requirement of DSL permitting is to limit turbidity in the water. This requirement will necessitate the creek completely bypass the construction and access areas by placing the creek into a large diameter pipeline. Since any equipment in the creek channel will cause turbidity, the entire section of creek where equipment will operate must be bypassed. Without access through the property at 5 Water Street the length of creek channel to be bypassed would double. The estimated cost of 200 feet of 36 to 48 inch diameter pipe is approximately $22,000 which could be saved with the mid-point access through the lot at 5 Water Street. Additional Property Uses The property at 5 Water Street is 10,890 square feet in size with a 1,060 square foot commercial type storage building. The property is completely surrounded by a six to ten foot high chain link fence with a lockable vehicle gate opening onto "B" Street. The lease does not include the building; only the secured gravel area surrounding the building which comprises about 9,800 square feet. At some time in the future, if the lease is approved, a section of the ten foot high chain link fence will be removed to provide access to the creek. It is anticipated that all materials for the project will be brought in through this property. During times when the property is not being used to support the creek bank stabilization project, the area can be used by the Public Works Department for temporary storage of materials and/or equipment, including flood preparation supplies for the downtown creek zones. Related City Policies: Work within Ashland creeks and waterways is permitted through the Ashland Water Resources Permit procedures and by DSL and COE. Council Options: • The Council may approve a 12 month lease for the property at 5 Water Street. • The Council may decline to approve a 12 month lease for the property at 5 Water Street. Potential Motions: • Move to approve a 12 month lease for the property at 5 Water Street. • Move to decline a 12 month lease for the property at 5 Water Street. Attachments: Vicinity map, photos, lease documents Page 2 of 2 CITY OF ASHLAND VICINITY MAP 2011 — Proposed Lease of Property @ 5 Water St z WIMER'Si y, N Y� O N 2 i E'NERSEV�Si Z E'MA�IN'ST 1 ASliIAf D'sT L 0 > Q ]C 3 a I q 1 KEY 0,11y0�' "0 aaamae crry or nSIILnv W 1`LOLIC BURRS pDPC y' Nhhr Feawma SM1'GIFF.CRIVG DI V. U 0 1 inch=2,500 feet Miles 0 0.25 0.5 0.75 vicinity_map_8x11_5water.mxd ° .i.wry '°•4"!r f�er+ �'i`" i r • y 2•�•� i }1G K s j h � �` elrsn.• y � y. ,4-, r. m i..• �� r >_B�t` ^. ^ Itdr r aw "¢ ,fJt � � ' 04 i�ss�t1� kti rJ f2j e h,,. a 1t- 4:. RIM WVI'll 5 y �.,,5'F 33n��ey'''^2y T } �V `� $•'Yr d7 ' . 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Z -� �±y�i�a'♦ X .2' r � �,%iitAi'\t +� r 'N q u � �s'Y ��1^ ,., n- J � � "•� .L?, t�SY �$i� 4.Zc. Q i� �y .. frTI s � aay .°�` ° `4t f'„ b�'J� �• � d� L "iN��� �•, 1tV +11 ( .... tp{+� ji l�any ar;`♦t°, .60 ..° .x � 17 1r'G�¢S�y, -_..isi„�.�`�^ Si^ •`'_�J >> fL . r �?too of/�jr„i � � + �i�b .�+ + p } +,.1+� t: ,�` o A LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of 2011, by and between MICHAEL H. YOUNG and JACQUELYN J. YOUNG, Trustees'of THE MICHAEL H, & JACQUELYN J. YOUNG REVOCABLE TRUST, and JOHN C. SCH WENDENER and PATTY G. SCHWENDENER,husband and wife,hereinafter referred to as "Lessor", and CITY OF ASHLAND, an Oregon municipal corporation, hereinafter referred to as "Lessee". RECITALS : A. Lessor is the owner of commercial real property located at 5 "B" Street, Ashland, Oregon. The real property includes a small masonry block shop building located in a parking lot. B. Lessee desires to lease the non-exclusive use of the parking lot from Lessor. C. The masonry block building and a portion of the parking lot are presently being rented and used by Avista Utilities Company, hereinafter referred to as "Avista". For the reasons recited above and in consideration of the following mutual promises and covenants,the parties hereto agree as follows: 1. LEASE: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the non-exclusive use of the parking area located at 5 "B" Street, Ashland, Oregon. Lessee acknowledges that its use of the parking area will be shared with Avista. Avista will have the exclusive right to use the masonry block building located on the real property and that portion of the parking lot sufficient to park one Avista utility truck and for the existing porta-potti. Avista -1- 1-EASE AGREEMENT Law offices of GRANTLAND,RLODGE7T.SHAW&ADEL,LLP 1818 E.WAndn:ars Rd. Medford,OR 97504 (541)773-6855 will have right of ingress to and egress from the entrance located on °B" Street to the parking area and to the masonry block building and porta-poiti. Lessee shall have continuous, unencumbered access to all other portions of the parking lot not specifically used by Avista. 2. TERM: This Lease shall commence as of October 1, 2011 and shall terminate on September 30,2012. However, Lessee shall have the right to extend this Lease,on a monthly basis, for a period of four(4) months, up to and including January 31, 2013, for the same monthly rental amount of$1,000.00 per month. 3. RENTAL: As rental for said property, Lessee covenants and agrees to pay the Sum of one thousand dollars ($1,000.00)commencing as of October 1, 2011, and the sum of$1,000.00 on or before the first day of each and every month thereafter. Lessee agrees that out of each monthly payment of$1,000.00 Lessee agrees to make a payment of$500.00 directly to Michael H. Young and Jacquelyn J. Young,Trustees of the Michael H. &Jacquelyn J. Young Revocable Trust, P. O. Box 276,Jacksonville,Oregon 97530 and to John C. and Patty G. Schwendener,at 25 Windsor Avenue, Medford,OR 97504. 4. USE OF PREMISES: Lessee represents it intends to use the premises to facilitate the Ashland Creek Riparian Bank Restoration Project. The use of the premises will be for storage of materials and equipment for this project and for Lessee's maintenance activities. This will also allow Lessee access to Ashland Creek for the project. Lessee agrees that it will make no use of the premises which is prohibited by law or which constitutes a nuisance, public or private. -2- LEASE AGREEMENT taw Orn«s of GRANTI,AND,BLODGETT.SHAW&ABEL,LLP 1 818 E.McAndrews Rd. Medf,",OR 975t4 (541)773-6855 5. ASSIGNMENT AND SUBLEASE: Lessee shall not assign or transfer this Lease or sublet said premises or any portion thereof without first obtaining the written consent of Lessor, which consent will not be unreasonably withheld. 6. UTILITIES: Lessee agrees to pay all costs of utilities and other services rendered to said premises promptly as the same become. 7. REPAIR AND FENCING: Lessee accepts the leased premises consisting of the parking lot and fencing in its present condition. Lessee represents this,will be suited for its intended purpose. Lessee will be responsible for all repairs to the premises which are attributable to it, its agents, employees,contractors or any parties acting under its control and/or direction. Lessee will have the right to remove portions of the fence in order to obtain access to Ashland Creek. However, Lessee acknowledges that it is in it% interest and in the interest of Avista to maintain a secured parking area. At the conclusion of each work day Lessee will install a temporary fence or other structure to prevent access by third parties to the premises. Prior to termination of this Lease Lessee agrees to restore the fence and property to its original condition, to the satisfaction of the Lessor. 8. TAXES AND INSURANCE: Lessor shall pay all real property taxes promptly as the same become due and payable. Lessee agrees to inswe the premises against all risks of liability in an amount not less than$2,000,000.00 as more fully provided in paragraph 10 below. Lessee shall provide to Lessor evidence of insurance as of the date hereof and keep same in full force and effect so long -3- LEASE AGREEMENT 1 aw OILttS u( GRANTLAND.BLODGETT,SHAW&ABEL,LLP 1813 E.McAndrews Rd. MM(r,d,OR 97504 (541)773-6855 as Lessee is in possession of the premises. All required insurance shall name all Lessors, Michael H. Young and Jacquelyn J. Young, Trustees of The Michael II. &Jacquelyn J. Young Revocable Trust and John C. and Patty G. Schwendener, as additional insureds and loss payees, as applicable. Lessee shall maintain insurance on is own personal property to be located on the premises Such as its trucks and equipment 9. SUBROGATION RIGHTS: Lessor and Lessee desire to release each other from liability for damages occasioned to the property of the other which might be incident to afire or i any of the perils covered by fire, liability and/or extended coverage insurance-policies which the parties have or may hereafter acquire, and, therefore,each of the parties hereby releases the other party and their employees for any loss or damage to property resulting from fire, explosion, or other casualty enumerated in the standard fire insurance policy with extended coverage,and/or liability policy, irrespective of whether the limits thereof are sufficient to fully cover such loss or damage, and each of the parties hereby waives the subrogation rights of their insurance carrier providing coverage against such loss or damage. Further, each of the parties agrees to take any and all steps which may be required to inform their carriers of this provision and to have endorsements, if necessary, placed on the respective policies of insurance to carry into effect the provisions of this paragraph. •10. INDEMNIFICATION AND LIABILITY INSURANCE: Lessee will indemnify and hold Lessor, and its principal owners, Michael H. Young and Jacquelyn J. Young,Trustees of the -4- LEASE AGREEMENT lam Office of GRANTLAND,BLODGETT,SHAW&ABEL.LLP 1818 E.McAndrews Rd. Mcdtonl.OR 97504 (541)773-6855 Michael Fi. &Jacquelyn J. Young Revocable Trust and John C. and Patty G. Schwendener, harmless from any and all expenses, fines,claims, damages,suits, and actions arising out of or in any way connected with the use and occupancy of the premises and from all costs, loss, expenses, and damages that may or might occur to any employee or employees of Lessee,or the public in general, in, upon, or about the premises; and to provide comprehensive public liability and property damage insurance, with a cross liability clause and endorsement, insuring Lessor, Lessees, Michael H. Young and Jacquelyn Young,Trustees of the Michael FI, &Jacquelyn J. Young Revocable Trust and John C. and Patty G. Schwendener, and to keep them insured against all legal liability for damages to persons or property caused by the ownership, maintenance, use or occupancy of the premises or by reason of the conduct of any business carried on therein in an insurance company or companies to be approved by Lessor, in an amount not less than . $2,000,000.00 for bodily injury and property damage. Lessor, Michael It. Young and Jacquelyn J.Young,Trustees of the Michael H. &Jacquelyn.I. Young Revocable Trust and John C. &Patty G. Schwendener, shall be named as additional insureds in such policy of insurance, and a memo copy of the policy shall he furnished by Lessee to Lessor. 11. PRIOR TENANT: Lessee acknowledges that the masonry block building and a portion of the parking lot are presently occupied by Avista. Lessee understands and agrees-that as a result they will have the non-exclusive use of the premises with Avista. Lessee acknow- ledges that Avista will have exclusive use of the masonry block building and so much of the parking lot as is necessary to house a porta-potti and one Avista utility truck. Avista will be -5- LEASE AGREEMENT law ofr«<nr GRAWLAND,BLODGEIT,SHAW&ABEL.LLP 1818 E.McAndrews Rd. Medford,OR 97504 (541)773 6855 allowed unfettered access to the real property in order to use the building, the ports-potti and to park one utility truck. Lessee acknowledges it will be necessary for Lessee to cooperate with Avista for Lessee to use the real property for its intended purpose. Lessee acknowledges it must provide its own porta-potti or make a separate arrangement with Avista for use of the Avista porta-potti. Lessee also agrees to cooperate with Avista so that each patty will keep the premises locked when not in use and each party can maintain its own lock on the premises without hindering the other party. 12. LESSEE'S COVENANTS: Lessee covenants and agrees with Lessor as follows: (A) That it will, at its cost and expense, maintain the premises in a safe, clean, I and sanitary condition. Garbage services must be maintained so that all refuse accumulating from Lessee's operation, shall be placed in approved garbage containers promptly. (B) That it will keep the said property free and clear of at I liens and encumbrances of every kind and nature. (C) That it will comply with all requirementsof all municipal, state, and federal authorities now in force or which may hereafter be in force pertaining to the use and occupancy of the leased premises. (D) That it grants permission to Lessor, its agents and representatives, to enter upon said premises at all reasonable times for the purpose of inspecting the same. //// -6- LEASE AGREEMENT Law offices of GRANT-LAND.BLODGEfT,SHAW A ABEL,LLF 1618 E McAndrews Rd. Medford,OR 97504 (541)773-6855 (E) That it will, upon the expiration of this Lease or sooner termination thereof, deliver up said premises to Lessor peaceably and quietly and in as good condition and repair as the same now are,or may hereafter be placed in.ordinary wear and tear excepted. (F) That Lessee will allow Lessor, prior to the termination of the Lease or any renewal term,the right to place a sign on the property indicating that the premises is for rent, lease or for sale. U. IMPROVEMENT'S TO REALTY: Lessee shall not commit nor suffer any waste to be committed upon said premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenants of the real property or adjoining properties. Lessee shall not make or cause to be made any alterations of the said premises,or any part thereof, without the written consent of Lessor first had and obtained, and any additions to or alterations of the said premises shall become at once a part of the realty and belong to Lessor. 14.RESPONSIBILITIES OF LESSEE' Lessee acknowledges and agrees it is responsible for(lie following items: 1. Lessee is responsible for restoration of the fence and property to its original condition, to the satisfaction of Lessor upon termination of this Lease. 2. Lessee is responsible for any contamination to Ashland Creek and the real property including any introduction of hazardous materials. 3. Lessee is responsible for maintaining life lot in the same condition and repair as received,ordinary wear and tear excepted. 4. Lessee is responsible for locating all underground utilities prior to any work on or about the real property. -7- LEASE AGREEMENT U,,Offica of GRAM'LAND,BLODGM.SHAW R ABEL,LLP 1818 F.McAndrews Rd. Medfo,d,OR 97504 (541)773-6855 5. Lessee is responsible for maintaining a safe and secure environment for Lessee's employees,contractors and invitees, Avista's employees and invitees and any other parties that arc authorized to be in or around the premises including members of the general public. 15. QUIET ENJOYMENT: Notwithstanding anything in this Lease to the contrary, Lessee acknowledges it will be necessary for Lessee to share the use of the premises with Avista. 16. DEFAULT: If Lessee shall be in arrears in the payment of rent hereunder,or shall fail or neglect to perform any of the other terms or conditions herein contained on its pail to be kept and performed, Lessor may lawfully terminate the tenancy, remove Lessee and re-take possession of the property. Lessee shall be considered in default for failure to make lease or rental payments if such payments arc not made within (5)days of the due date. In the event Lessee does not make a rental or lease payment within five (5)days of the due date or fails to remedy any other default within the written notice period set forth above, then Lessor shall have the right,to accelerate the entire amount of remaining lease or rental payments due under the terms of this Lease and call the same immediately due and payable. The remedy above set forth shall not be the exclusive remedy in case of default,but Lessor shall have such other and further rights and remedies as may be available to them, either in law or in equity. IT HAZARDOUS SUBSTANCES: Lessee shall indemnify, defend and save Lessor, Michael H. Young and Jacquelyn J. Young,Trustees of the Michael H. &Jacquelyn J. Young Revocable Trust and John C. and Patty G. Schwendener, from and against any suits,actions, legal or administrative proceedings, demands,claims, liabilities, fines, penalties, losses, injuries, -8- LEASE AGREEMENT taw of lca of CRAM LAND,BLODGETT,SHAW&ABEL.LLP 1818 E.McAndmws Rd. Mcdfnd,OR 97504 (541)777-6855 damages, expenses or costs, including interest and attorney's fees, in anyway connected with any i injury to any person or damage to the property or any personal property(including cost of studies,surveys,clean-up and other environmental claim expenses)or any loss to Lessor, Michael, H. Young and Jacquelyn J. Young, Trustees of the Michael H. &Jacquelyn J. Young Revocable Trust and John C. and Patty G. Schwendener, occasioned in any way by hazardous substances that are brought upon the property by the Lessee, its employees, agents and invitees or by the negligent or intentional activities of Lessee during or after Lessee's occupation of the property. 18. INTERPRETATIONS: All the covenants, agreements, conditions, and terms contained in this Lease shall be binding upon and inure to the benefit of the successors and assigns, respectively, of Lessor and Lessee. This paragraph shall not be construed as it covenant by Lessor to assignment of this Lease or any interest in the leased property. i 19. TIME OF ESSENCE: Time is of the essence of this Lease and a failure to enforce any of the terms and provisions hereof by either party shall not constitute a waiver of the right to insist upon strict compliance with such terms and conditions in the future. 20. LITIGATION EXPENSE: [n the event suit or action is instituted concerning this Lease then the prevailing party shall be awarded their reasonable attorney fees as set by the trial court,or if upon appeal,by the appellate court. 21. NOTICES: All notices required under this Lease shall be in writing and shall be delivered in person or by first class and certified mail,return receipt requested, and addressed to -9- LEASE AGREEMENT Law Offices of GRANT LAND,BLDDGEIT,SHAW&ABEL,LLP 1819 E M[Andre%vs Rd. Medford.OR 97504 (541)773-0855 the parties as set forth below,or such other address as the parties shall designate in writing, as follows: LESSOR: Michael 14. &Jacquelyn J. Young, Trustee, PO Box 276,Jacksonville, OR 97530 and John C. &Patty G. Schwendener, 25 Windsor Avenue, Medford,OR 97504 LESSEE: City of Ashland,20 E. Main, Ashland, Oregon 97520. 22. CONSTRUCTION: In construing this Lease it is understood and agreed that if the context so requires, the singular shall include the feminine and the neuter, and that generally all grammatical changes shall be made,assumed,and implied to make the provisions hereof apply equally to one or more individuals and/or corporations. 23. WAIVER: Failure of Lessors at anytime to require performance of any provision of this Lease shall not limit the right of Lessors to enforce the provision, nor shall any waiver by Lessors of any breach of any provision or a waiver of that provision itself or any other provisions. 24. INCORPORATION: The parties hereby incorporate by reference the recitals set forth above. IN WITNESS WHEREOF, the parties have hereunto executed this document the day and year first hereinabove written. THE MICHAEL H. &JACQUELYN J. YOUNG REVOCABLETRUST By Michael H. Young,Trustee By Jacquelyn J. Young,'frustee -10- LFASEAGREEMEN"r few offic"of GRANILAND.BLODGL•Ff,SHAW&ABEL,LLP 19 18 E.McAndrews Rd. 'Medford,OR 97504 (541)773-6855 John C. Schwcudener Patty G. Schwendener "Lessor" CITY OF ASHLAND By Authorized Representative "Lessee" I i 11- LEASE AGREEMENT La,,Oemu ar GRANTLAND,BLODGE T.SHAW&ABEL,LLP 1818 E.McAndrew%Rd. MMC.,d,OR 97504 (541)773-6855 Council Communication Approval of Agreement Funding the Walker Avenue Safe Route to School Project Meeting Date: September 20, 2011 Primary Staff Contact: James Olson Department: Public Works/Engineering E-Mail: olsoniaashland.or.us Secondary Dept.: Finance Secondary Contact: Morgan Wayman Approval: Martha Bennett Estimated Time: . Consent Agenda Question: Will the Council approve an agreement with the Oregon Department of Transportation (ODOT) to fund the Walker Avenue Safe Route to School project under the Congestion Mitigation and Air Quality (CMAQ) program? Staff Recommendation: Staff recommends approval of agreement No. 27871 between ODOT and the City of Ashland to fund the Walker Avenue Safe Route to School project under the CMAQ program. Background: The City has requested funding under the CMAQ program to construct bicycle and pedestrian improvements on Walker Avenue to make it safer and more convenient for students to walk or ride bicycles to school thereby reducing peak time traffic congestion. The City's application has been accepted by both ODOT and the Metropolitan Planning Organization (MPO), the local agency charged with allocating federal and state grant funds. In order to proceed with this project the Council and ODOT must approve the attached agreement. Under this project, sidewalks will be constructed on the west side of the street from Ashland Street, north to connect to the existing sidewalk at the Science Works Museum. The project will also include improved crosswalks and an improved railroad crossing. The crossing will be widened and re- constructed with concrete panels to provide a smooth surface for vehicles, bicycles and pedestrians. When completed, Walker Avenue will have fully accessible and continuous sidewalks along both sides of the street including improved crosswalks and traffic control devices to provide a safe environment for all who travel the street. The CMAQ program was developed primarily to improve air quality by lessening vehicle emissions and/or by reducing on-road particulate emissions (PM 10). Those projects that qualify for CMAQ funding are eligible to receive federal funding which is administrated through ODOT. Development and construction standards under the CMAQ program are more stringent than for normal city street construction. For a CMAQ project Federal standards, not local standards, apply. All reviews, assessments and engineering must be to those stricter standards. Construction and design must meet American Association of State and Highway and Transportation Officials (AASHTO) standards. As a consequence, both design and construction costs tend to be much higher. For a CMAQ project, preliminary engineering,costs, for example, generally run over 300% higher than for a normal city street improvement project. In this example, these higher costs are attributable to additional tasks that the engineer is required to perform including: hazmat determinations, historical review of buildings, archaeological review, wetlands review and determination, special erosion prevention assessment, Pagel of 2 threatened and endangered species determination, required land use actions assessment, water quality issues assessment, non-listed wildlife issues determination and special permit requirements. Each of those reviews requires that a determination be made, often in the form of a report and often requiring sub-consultants with special expertise in a particular field. Although the CMAQ process is more costly it does provide for full environmental protections for all possible conditions. Fiscal Impact The total estimated cost for this project under CMAQ development standards is $743,000 with a maximum available grant of$666,694. The $76,306.00 unfinanced portion of the grant represents a 10.27% match that the City must provide. This amount would be available from the annual sidewalk construction fund within the street budget. The City's match is payable in two separate increments which will likely span two separate budget years. The initial deposit of approximately 20% of the match or $15,261 is due as the project moves into the design stage, perhaps in January 2012. The remaining $61,044 is due when the design is complete and prior to moving into the bid stage; likely March 2013. Related City Policies: By the authority granted in Oregon revised Statues 190.110, 366.572 and 366.576, the City and State may enter into cooperative agreements for performance and funding of work on certain types of improvement projects with the allocation of costs to be mutually agreed upon. Council Options: • The Council may approve agreement no.27871 to fund the Walker Avenue Safe Routes to School project. •- The Council may decline to approve agreement with ODOT or may revise the agreement. Potential Motions: • Move to approve agreement no.27871 to fund the Walker Avenue Safe Routes to School project. • Move to revise agreement no. 27871 as stated • Move to reject agreement no. 27871. Attachments: Vicinity Map Agreement No. 27871 Page 2 of 2 Ir, LEI � c d Z o Y y W 3 ca o 0 to U ova Ir o Q u g.-. aar�3aa�.utl�iol ranNa3n�Ntlwo1 i E .. .(J T G •Atl NItl1N00P1 N I .\� _ Ll LLI I N 5�yOr I ! I , L NItAPI Z-4;;;ic � @ H 11 C 55 C N rt LLJ .� p IY O p Y } S Misc. Contracts and Agreements No. 27871 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Walker Avenue: Ashland Street to East Main Street THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Ashland, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or"Parties." RECITALS 1. Walker Avenue, Ashland Street and East Main Street are parts of the Agency street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to fund, design and construct sidewalks, bicycle lanes and improvements to the rail crossing on Walker Avenue, hereinafter referred to as "Project." The location of the Project is approximately as shown on the sketch map attached hereto, marked "Exhibit A," and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $666,694, which is subject to change. The CMAQ funds are limited to $666,694. Eligible costs for the Project will be reimbursed at the full federal share or until the $666,694 limit is reached. Agency shall be responsible for any portion of the Project which is not covered by federal funding. Agency shall be responsible for determining the amount of federal funds to be applied to each phase of the Project. Agency is not guaranteed the use of unspent funds for a particular phase of work. It is Agency's responsibility to notify State in advance of State obligating the funds for Key No. 02-17-11 Agency/State Agreement No. 27871 a subsequent phase if Agency wants to release funds on the current authorized phase(s) of work. 3. The federal funding for this Project is contingent upon approval by the Federal Highway Administration (FHWA). Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. 4. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number for this Project is 20.205, title Highway Planning and Construction. 5. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of State, be indemnified by the contractor and subcontractor from and against any and all Claims. 6. Any such indemnification shall also provide that neither Agency's contractor and subcontractor nor any attorney engaged by Agency's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of-the—Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense.and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 7. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or 2 Agency/State Agreement No. 27871 ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 8. This Agreement may be terminated by mutual written consent of the Parties. 9. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: . a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and ,after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 10.Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 11.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree tp the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 3 Agency/State Agreement No. 27871 12.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 13.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 14.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 15.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 16.State's Project Manager for this Project is Kelli Sparkman, ODOT Region 3 Local Agency Liaison, 100 Antelope Road, White City, Oregon 97503; (541) 774-6383, or assigned designee upon individual's absence. Agency's Project Manager shall be notified in writing of any contact information changes during the term of this Agreement. 17.Agency's Project Manager for this Agreement is Morgan Wayman, Project Manager, 20 East Main Street, Ashland, OR 97520, waymanm @ashland.or.us; (541) 552- 2414; or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. 4 Agency/State Agreement No. 27871 THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2010-2013 Statewide Transportation Improvement Program, (Key #17249) that was approved by the Oregon Transportation Commission on December 16, 2010 (or subsequently approved by amendment to the STIP). The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations. Day-to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways; Deputy Director, Central Services and the Chief of Staff, to approve and sign agreements over $75,000 when the work is related to a project J ncluded in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the. Director. The Director may also delegate to other Administrators the authority to execute intergovernmental agreements over $75,000 for specific programs such as transportation safety, growth management and public transit. 5 Agency/State Agreement No. 27871 City of Ashland, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Title Date Date By APPROVAL RECOMMENDED Title By CMAQ Program Coordinator Date Date APPROVED AS TO LEGAL SUFFICIENCY By By Technical Services Manager/Chief City Attorney Engineer Date Date Agency Contact: By Morgan Wayman Region Manager Project Manager 20 East Main Street Date Ashland, OR 97520 (541) 552-2414 APPROVED AS TO LEGAL waymanm @ashland.or.us SUFFICIENCY State Contact: By Kelli Sparkman Assistant Attorney General (If over ODOT Region 3 Local Agency Liaison $150,000) 100 Antelope Road White City, OR 97503 Date (541) 774-6383 Kelli.sparkman @odot.state.or.us 6 Agency/State Agreement No. 27871 EXHIBIT A Main St.. T . . Q Project Limits ra St - 3 Iowa St ��rt Avet - - S.,nviem Orttlon v E a a v Unlvereiy �- i Lao St u I1 Ie A -- y" WeAsmr St V%C..Part. 4 (/B/La 3 Cemetery, ti Ashland -- � —z ::..Ashland St --i u; > nr ., .. Park -Wa,hin,u., u p z Oregon St Mae St rc o,f n" TA W,W,,ct St S Ca,£_QC ' C 'a j Wndsar St E E C - 7 Agency/State Agreement No. 27871 ATTACHMENT NO. 1 to Agreement No. 27871 SPECIAL PROVISIONS 1. Agency or its consultant shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, assist State with acquisition of necessary right of way and/or easements, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. 2. Upon State's award of the construction contract, Agency, or its consultant, shall be responsible. to perform all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 3. State may make available Region 3's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the consultant and make funds available to the State for payment of those services. All eligible work shall be a federally participating cost and included as part of the total cost of the Project. 4. Indemnification language in the Standards Provisions, Paragraphs 46 and 47, shall be replaced with the following language: a. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. b. With respect.to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other 8 Agency/State Agreement No. 27871 hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. c. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information• and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. d. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 7. Agency shall, at its own expense, maintain and operate the Project upon completion at a minimum level that is consistent with normal depreciation and/or service demand. 8. Agency shall, upon completion of the Project, maintain the bike path and supply power for Project illumination at its own expense. 9. Maintenance responsibilities shall survive any termination-of-this Agreement. 9 Agency/State Agreement No. 27871 10 Agency/State Agreement No. 27871 11 Agency/State Agreement No. 27871 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY& CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal services contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal services contracting process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency, subject to any limitations imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. STDPRO-2011.doc 12 Rev. 01-18-2011 Agency/State Agreement No. 27871 REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance, Agency has submitted and the United States Department of Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action Program which Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance agreement. Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall impose such sanctions as noted in Title 49, CFR, Part 26, which sanctions may include termination of the agreement or other measures that may affect the ability of Agency to obtain future USDOT financial assistance. 6. Disadvantaged Business Enterprises-(DBE) Obligations. State and its contractor agree to ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. Agency shall carry out applicable requirements of.Title 49. CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry out these .requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as State deems appropriate. 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this Agreement. 8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 9. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505 279C.515 279C.520 279C.530 and 279B.270, incorporated herein by reference and made a part hereof: Title 23 CFR Parts 1.11. 140, 710, and 771 Title 49 CFR Parts 18 24 and 26 2 CFR 225. and OMB CIRCULAR NO. A-133, Title 23, USC Federal-Aid Highway Act Title 41 Chapter 1 USC 51-58 Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide (FAPG). STATE OBLIGATIONS PROTECT FUNDING REQUEST 10. State shall submit a Project funding request to FHWA with a request for approval of federal-aid participation in all engineering, right-of-way acquisition, eligible utility relocations and/or construction work for the Project. No work shall proceed on any activity in which federal-aid participation is desired until such approval has been obtained. The program shall include services to be provided by State, Agency, or others. State shall notify Agency in writing when STDPRO-2011.doc 13 Rev. 01-18-2011 Agency/State Agreement No. 27871 authorization to proceed has been received from FHWA. Major responsibility for the various phases of the Project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written. request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. 12. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Agreement. State will also determine and clearly state in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133. PROJECT ACTIVITIES 13. State shall, if the preliminary engineering work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 14. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach' permits. All pre-construction permits will be obtained prior to advertisement for construction. 15. State shall prepare contract and bidding documents, advertise for bid proposals, and award all contracts. 16. Upon State's award of a construction contract, State shall perform independent assurance testing in accordance with State and FHWA Standards, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 17. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). The liaison shall process reimbursement for federal participation costs. RIGHT OF WAY 18. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of the Project. Agency may perform acquisition of the necessary STDPRO-201 1.doc 14 Rev. 01-18-2011 Agency/State Agreement No. 27871 right of way and easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual and have obtained prior approval from State's Region Right of Way office to do such work. 19. Regardless of who acquires or performs any of the right of way activities, aright of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party. State shall always be responsible for requesting project funding, coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through the State's Region Right of Way offices on all projects. All projects must have right of way certification coordinated through State's Region Right of Way offices (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on the Project). Agency should contact the State's Region Right of Way office for additional information or clarification. 20. State shall review all right of way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right of way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of ,Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 21. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 22. Agency insures that all Project right of way monumentation will be conducted in conformance with ORS 209.155. 23. State and Agency grants each other authority to enter onto the other's right of way for the performance of the Project. AGENCY OBLIGATIONS FINANCE 24. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. 25. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction STDPRO-2011.doc 15 Rev. 01-18-2011 Agency/State Agreement No. 27871 contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. d) Agency may satisfy all or part of any matching funds requirements by use of in- kind contributions rather than cash when prior written approval has been given by State. 26. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines that result in items being declared non-participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds. 27. Costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon. 28. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all development costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 29.Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit Act must be followed by those local governments and non-profit organizations receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL 104-156, described in "OMB CIRCULAR NO. A-133", requires local governments and non-profit organizations to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally-funded programs in which the local agency participates. The cost of this audit can be partially prorated to the federal program. 30.Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. STDPRO-2011.doc 16 Rev. 01-18-2011 Agency/State Agreement No. 27871 31. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison Person for review and approval. Such invoices shall identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one-month duration, based on'actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the. provisions of Title 23 CFR Parts 1.11. 140 and 710, Final billings shall be submitted to State for processing within three (3) months from the end of each funding phase as follows: 1) award date of a construction contract for preliminary engineering (PE) 2) last payment for right of way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three (3) months from date that costs are incurred. Final billings submitted after the three months shall not be eligible for reimbursement. 32. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by representatives of State and FHWA for a period of six (6) years following the date of final voucher to FHWA. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (Title 49 CFR 18.42). 33. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal-aid funds were authorized; b) Right of way acquisition is undertaken utilizing federal-aid funds and actual construction is not started by the close of the twentieth fiscal year following the fiscal year in which the federal-aid funds were authorized for right of way acquisition. c) Construction proceeds after the Project is determined to be ineligible for federal-aid funding (e.g., no environmental approval, lacking permits, or other reasons). 34. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications. RAILROADS 35. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs, all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. STDPRO-201 1.doc 17 Rev. 01-18-2011 Agency/State Agreement No. 27871 UTILITIES . 36. Agency shall follow State established Statutes, Policies and Procedures when impacts occur to privately or publicly-owned utilities. Only those utility relocations, which are eligible for federal-aid participation under, the FAPG, Title 23 CFR 645A, Subpart A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility relocations/adjustments in areas lying within jurisdiction of Slate, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. 37. The State utility relocation policy, procedures and forms are available through the appropriate State's Region Utility Specialist or State Utility Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. STANDARDS 38. Agency agrees that design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current "State Highway Design Manual" and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the Project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highwav Construction". 39. Agency agrees that minimum design standards for non-NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan", unless otherwise requested by Agency and approved by State. 40. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". 41.All plans and specifications shall be developed in general conformance with the current "Contract Plans Development Guide" and the current "Oregon Standard Specifications for Highwav Construction" and/or guidelines provided. 42. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. GRADE CHANGE LIABILITY 43. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 44.Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. STDPRO-2011.doc 18 Rev. 01-18-2011 Agency/State Agreement No. 27871 45. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the project covered by the Agreement. CONTRACTOR CLAIMS 46. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal defense for State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 47. Notwithstanding the foregoing defense obligations under Paragraph 46, neither Agency nor any attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects to assume its own defense. MAINTENANCE RESPONSIBILITIES 48. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its own cost and expense, and in a manner satisfactory to State and FHWA. - WORKERS'COMPENSATION COVERAGE 49. All employers, including Agency that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS 50. Agency certifies by signing the Agreement that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an STDPRO-2011.doc 19 Rev. 01-18-2011 Agency/State Agreement No. 27871 employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Paragraphs 36, 37, and 48 are not applicable to any local agency on state highway projects. STDPRO-2011.doc 20 Rev. 01-18-2011 CATY OF ASHLAND Council Communication Approval of Agreement with the Waters Consulting Group, Inc. For Professional Recruitment Services Meeting Date: September 20, 2011 Primary Staff Contact: Tina Gray, HR Manager Department: Administration/HR E-Mail: gra t a,ashland.or.us Secondary Dept.: None Secondary Contact: bennettmgash land.or.us Approval: Martha Bennett Estimated Time: Consent Agenda Question: Should the City Council authorize an agreement with The Waters Consulting Group, Inc. for professional recruitment services at a bid price of$21,500 plus direct reimbursement of expenses? Staff Recommendation: Authorize Martha Bennett, City Administrator, to enter into a Professional Services Agreement for the recruitment and selection of a successor City Administrator. Background: With approval from the City Council,a comprehensive national search was conducted in 2008 to fill the vacant position of Information Technology Director. The search was conducted by the successful bidding firm of Waters-Oldani. (Now Waters Consulting Group Inc.). Rob Lloyd was the successful candidate from that search and began work as Information Technology (IT) Director on March 15, 2010. Waters Consulting Group offers a placement guarantee, and because Rob Lloyd did not remain in the City's employ for 2 years, they have agreed to repeat that search for $8,750 plus reimbursement for expenses. The City changed the scope of the recruitment slightly as we are replacing the position with Assistant City Administrator over the IT Department for the reduced recruitment rate which is a generous offer from The Waters Consulting Group, Inc. The City had already started work on the Assistant City Administrator Recruitment with Senior Consultant, Andrea Simms when we learned of Martha's resignation. As Andrea has already done much of the work to build a profile of the community for that recruitment, there could be considerable time and cost savings if she is able to take on the City Administrator Recruitment and give it the highest priority. Then we can time the Assistant City Administrator recruitment so that hiring decision can be made by the new City Administrator. Staff had originally recommended The Waters Consulting Group, Inc. for the following reasons: • They have a proprietary "Career Navigator" screening tool which assists in the evaluation and screening of candidates and produces a detailed analysis of all candidates recommended to the City as finalists. Page 1 of 2 CITY OF ASHLAND • They are a recruitment leader throughout the nation and have a broad network of candidates to draw from for the Information Technology Director position. • They have a high commitment to placement of minority and female candidates. • They offer a triple guarantee on candidates they place with the City. • Their pricing was competitive and included a thorough background investigation on each candidate invited to Ashland for an interview. • The City utilized The Waters Consulting Group, Inc. when hiring our Fire Chief with a positive result. All of these reasons for selecting the firm still apply Related City Policies: None. Council Options: 1. Move to approve the contract with The Waters Consulting Group, Inc. 2. Reject the bid for professional recruitment services and offer staff alternative direction. Potential Motions: Move to approve and authorize Martha Bennett to sign the contract with Waters Consulting Inc.for $21,500 for a national search for City Administrator. Attachments: Proposal for Professional Recruitment Services submitted by The Waters Consulting Group, Inc. Page 2 of 2 WATERS-OLDANI EXECUTIVE RECRUITMENT A Division of The Waters Consulting Group, Inc. September 1,2011 Ms. Tina Gray Human Resource Director 20 E. Main Street Ashland, OR 97520 (Transmitted via email for Agra)-t(na.shland.or.ns) Re: Proposal—Executive Recruitment for City Administrator Dear Ms. Gray: I appreciate the opportunity to submit our proposal for executive recruitment services for your City Administrator. We are confident that you will be completely satisfied with our comprehensive process and the outcome. WCG is positioned as one of the largest privately-held executive recruitment firms in the nation with a focus on the public sector. Over the past few years, WCG has recruited and placed more than 200 executive level positions within the public sector. This kind of experience will prove to be valuable for your executive recruitment. Our team of recruitment consultants (see bios starting on page 10 of the proposal) has provided executive recruitment services nationwide for over 30 years,principally to public organizations. We have established a reputation for a relentless commitment to high quality with our process and our candidates. We know that you have options for using other recruitment firms. However, we believe that our approach sets us apart from our competitors in the following important ways: Our Triple Guarantee TM(see page 3); Finalists identified within 80 days from initiation of recruitment activities; Meticulous development of the candidate profile prior to advertising/marketing(see page 4); Rigorous review of candidates' references and background(see page 5); Our highly-accessed web site(www.watersconsulting.com)by prospective candidates; Our superior nationwide relationships with high-quality candidates for marketing new positions; Within 60 days of the reporting date of the selected candidate,our firm will conduct a Team- Building Workshop for your new employee and his/her team. This will be conducted for no additional professional fee,just project-related expenses; and Within twelve(12)months following your appointment of the successful candidate,we will administer our 360° Performance Assessment for no additional professional fee,just project-related expenses(see page 3). The proposal document will provide you the details about our approach, expertise, client references, and pricing for this executive recruitment. Also, if you have any questions, please contact me directly at 817.965.3911 or by email at candersonnwatersconsultine,com. We would consider it a professional privilege to provide these services to the City of Ashland. Sincerely, Charles(Chuck) S. Anderson CEO of Executive Recruitment A Division of The Waters Consulting Group, Inc. THE WATERS CONSULTING GROUP, INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quomm Drive Suite 625 Dallas,Texas 75254 972/481/1950 972/481/1951(Fax) www.watersconsuhingxom -Dallas• Seattle•Cleveland• Austin- QUALIFICATIONS Our understanding of and experience in the public.sector coupled with our commitment in developing partnering relationships with our clients are key factors in our long-term success. PROJECT OVERVIEW , The City of Ashland, Oregon, is considering the use of a consulting firm to assist with the executive recruitment for its next City Administrator and has requested a proposal describing a work plan and project approach from The Waters Consulting Group, Inc. (WCG). Accordingly, we provide the following information for your consideration. PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE Throughout the assignment, the WCG team will serve as technical advisors to your organization to ensure that the recruitment process is conducted in a professional manner. The objective of WCG is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Due to our extensive professional relationships with hundreds of public sector organizations and prospective candidates nationwide, WCG is positioned to confidently promote your position to prospective candidates as a positive career opportunity. Since our firm's beginning, we have emerged as a leader in executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, WCG is positioned as one of the largest privately-held executive recruitment firms in the nation with a focus on the public'sector. This kind of strength will prove to be valuable for your executive recruitment. With any consulting assignment,but particularly with an executive recruitment project, reliable and timely communication is fundamental to project success. At key points during the assignment, WCG consultants will communicate by phone, e-mail, or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular status reports are important to ensure success with the recruitment assignment. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients — their concerns for success, their strategic goals and their organizational culture. But our intense professional commitment does not stop with our clients. We have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. - Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success. ©2011-The Waters Consulting Group,Inc. Page•2 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLF PROPFRTY OF WCG,INC. THIS PROPOSAL IS N(y r to HE REPRODUCED FOR ANN'RLASON W I I110(n THE N'RJrTFN CONSENT OF WCG.INC. ROLE OF YOUR ORGANIZATION'S STAFF We have a seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist with the project, we ask that your organization designate a Project Manager to serve as WCG's primary contact for the recruitment assignment. Your Project Manager will facilitate such functions as coordinating meeting dates, times, and locations and the review of the draft recruitment brochure and related advertising copy. TRIPLE GUARANTEE Our Triple Guarantee is defined as: (1)A commitment to remain with Abe recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of Finalists, WCG will work to identify a supplemental group until you find a candidate to hire; (2) Your executive recruitment is guaranteed for 24 months against termination for cause. Within the first year, the replacement recruitment will be repeated with no additional professional fee, but only for project-related expenses. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. (3) WCG will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. TEAM-BUILDING WORKSHOP Within 60 days after your new City Administrator reports to work, WCG will develop a customized workshop based on the individual behavioral styles of the management team to strengthen the new leader and his/her team's performance. Your new employee and each member of his/her management team will be asked to complete a questionnaire, utilizing a secure Website. Following a review of the responses to the questionnaire, one of our professional consultants will facilitate a three-hour workshop with the objective of assisting the team members to become a high-performance team. If you elect to use this service, there will be no professional fee charged to you,only project-related expenses. 360" PERFORMANCE REVIEW Additional services include a performance appraisal and review of the new City Administrator after 12 months, with no professional fee charged to you. If you elect to use this service, the only cost you would incur would be the reimbursement for any project-related expenses. ©2011-The Waters Consulting Group,Inc. Page• 3 THIS PROMSAI.CONTAINS PROPR I Ei'A RY INFORAIATI ON AND IS THE SOLE PROP17RI'Y OF\YCG,INC. 'I'l1iS PROI'OS AL IS WJf TO Ill?REPRODLCfiD FtIR AN1'REASON W'I'I'H(IlJl JOE WRITTEN CONSENT OF WCG.INC. DESCRIPTION OF The following is intended to describe the key tasks associated with our approach to executive recruitment. TASK RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING The important first step in the recruitment process involves the development of a comprehensive recruitment brochure with a profile of the ideal candidate, including the required qualifications, professional experience, personal characteristics, and other factors related to success in the position of City Administrator. The recruitment brochure will also have a profile of your community and organization. To prepare the recruitment brochure, the Lead Consultant will come on site to meet with your leadership team to discuss the required background and experiences for the new City Administrator. We will also request organizational charts, budgetary information, operational reports, and other documentation describing the community,organization,current issues,and responsibilities of the position. The draft recruitment brochure will be presented to you for review and final approval/edits prior to its publication and distribution to prospective candidates. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, WCG will work with you to develop an advertising and marketing strategy to notify potential candidates about the vacancy. WCG will provide you with the advertisements and an advertising schedule to place the ads in appropriate professional publications, websites and local print media as approved by you. Draft ads will be submitted to your organization for approval prior to publication. WCG has a highly-accessed website, www.watersconsulting.com,and targeted e-mail (search a watersconsulting com). We will use all available resources to communicate directly with prospective candidates. The aggressive advertising and marketing campaign for top talent will include national, state, regional, and local elements as determined during our initial meetings with your organization. Our presence at appropriate public sector conferences will be used to further promote the position. An effective advertising strategy will help to ensure that we conduct an open recruitment with appeal to a diverse array of candidates. WCG will take all necessary steps to protect against discrimination in the screening and selection process. TASK II EXECUTION OF RECRUITMENT STRATEGY AND IDENTIFICATION OF QUALITY CANDIDATES Using the information developed in Task I, WCG will identify individuals who would be outstanding candidates for the position of City Administrator. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on our professional contacts and ©2011-The Waters Consulting Group,Inc. Page•4 THIS PROPOSAl.CONTAINS PROPRIETARY INFORMATION AND IS TIIG SO]E PROPERTY OF\NCO,INC. THIS PROPOS Al.Is NOT 10131..REPRODUCED FOR ANY REASON W E I'TOUT'11117 W RI'FI EN CONSENT OF W17'6,INC. relationships. We have also established networks with minority and female leaders throughout the nation and are proud of our record of placement of minority and female candidates. WCG has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. In addition, we are charter members of the National Forum for Black Public Administrators(NFBPA)and its Business Advisory Committee and the Hispanic Network. We believe that one of the strengths of the WCG recruitment process is our attention to the candidates during the process. Each candidate submitting a resume is sent a timely acknowledgement by WCG, giving an approximate schedule for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments, which is also provides a positive reflection on your organization TASK 111 SCREENING OF APPLICANTS AND RECOMMENDATION OF FINALISTS Our recruiting efforts in Task Il identify a significant number of applicants, depending upon the position and the availability of candidates with the requisite experience and skills in the marketplace. Task III is where our Lead Consultant screens the candidates against the criteria within the candidate profile and develops a list of Finalists for recommendation to the client. As the Lead Consultant screens the applications, the most promising applicants will receive a candidate questionnaire to complete that will provide additional information about the candidates' background and experience. After reviewing the responses to the questionnaire, the Lead Consultant will send selected resumes and questionnaire responses directly to whomever you select on your staff to assist with the screening process. In the consultation with your staff representative, the Lead Consultant will narrow the list to a group of Semifinalists and Finalists for your review and decision. Typically, four to six Finalists are selected for the on-site interviews. Throughout the process you will have access to our Master Applicant List(MAL) for this position,which will provide pertinent data about each applicant. TASK IV CONDUCTING BACKGROUND CHECKS, REFERENCE CHECKS AND ACADEMIC VERIFICATIONS Once you approve the group of Finalists for on-site interviews, WCG will begin the process to conduct reference checks, background checks and academic verifications. Contact is then made with selected references and sometimes with others who may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is to allow WCG to complete our understanding of the work experience,professional performance and personal characteristics of the Finalists. ©2011-The Waters Consulting Group,Inc. Page• 5 III S PROPOSAL CONTAINS PROPR[ETA RY INFORNIATION AND IS IT Sol E PROPERTY OF WCQ INC. T IIS PROPOSAL Is Nor I0 III.REPRODUCED FOR ANY REASON WI IIJOIJI IIIE WRITTEN CONSENT OF WCG,INC.. For the background checks,WCG will develop information about the candidates in the following areas: • Consumer Credit • Bankruptcy • County Criminal State District Superior Court Criminal • County Civil Litigation • State District Superior Court Civil Litigation • Judgment fax Lien • Federal District Criminal • Motor Vehicle • Federal District Civil Litigation To ensure that our quality standards are maintained, we do require a minimum of ten business days between the time that you select the Finalists for on-site interviews and when we send you candidate documentation for your final interview process. TASK V FINAL INTERVIEW PROCESS Upon completion of Task IV, we will work with you to develop the final interview process. We will also send you documentation on each of the finalists, which will provide the highlights of their professional experience and leadership/management profile, and a summary of the results of the reference checks, background checks and academic verifications. In addition, the report will include guidelines for. interviewing the candidates, suggested interview questions, and a rating process for your interview panel(s). Our Lead Consultant will participate in final interviews as either an observer or active panel member at your request and will be available to answer questions and assist you in the final evaluation and selection of the successful candidate. In addition, if you request the service,our Lead Consultant will assist you with the development of a compensation package and related employment considerations, and assist with the negotiations. ©2011-The Waters Consulting Group,Inc. Page• 6 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS 1'1I1:SOLE.PROPFR I OF WCG,INC, I HIS PROPOSAL IS NO'F 10 aE REPRODUCED FOR ANY REASON YY'I IHOUH IHE N'RI T EN CONSENT OF WCG.INC. EXECUTIVE RECRUITMENT PROJECT TIMELINE Below is an estimated Timeline for the executive recruitment process. You will be asked by the Lead Consultant during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. However,we commit to you to deliver a group of Finalists for your consideration within 80 days from the date that we commence recruitment activities. ASHLAND,OREGON EXECUTIVE RECRUITMENT CITY ADMINISTRATOR PRELIMINARY TIMELINE The following Timeline represents a preliminary schedule for your executive recruitment based on a commencement date of September 20, 2011. Actual target dates will be developed in consultation with and approved by the City of Ashland. Activity Target Date • The Waters Consulting Group(WCG)Completes On-Site Interviews September 26,2011 to Develop Candidate Profile and Recruitment Brochure;The City of Ashland(City)Approves Ad Placement Schedule and Timeline. • WCG Sends Draft Recruitment Brochure to City. October 3,2011 • City Returns Draft Recruitment Brochure(with edits)to WCG. October 7, 2011 • WCG Commences Executive Recruitment Advertising and Marketing. October 10,2011 • WCG Commences First Formal Review of Applications and Sends November 7,2011 Most Promising Applicants a Candidate Questionnaire to Provide Additional Information about Background and Experience. • WCG Completes First Formal Review of Applications and Sends November 14,2011 Selected Resumes and Questionnaire Responses to the City for Review. • WCG Meets with City and Recommends Semi-Finalists; City Selects November 18, 2011 Finalists for On-Site Interviews. • WCG Completes Reference Checks/Background Checks/Academic December 2,2011 Verification for Finalists. • WCG Sends Documentation for Finalists to City. December 12,2011 • City Conducts On-Site Interviews with Finalists. - Week of December 19,2011 • City Extends Employment Offer to Finalist. Week of December 26,2011 ©2011-The Waters Consulting Group, Inc. Page• 7 THIS PROPOSAL CONTAINS PROPR I F.TARY INFORMATION AND IS THE SOLE PROPERTY OF WCQNC. THIS PROPOSAL IS Nor'1'D DE REPRODUCED FOR ANY REASON W I'1'HOU'l mF N'RI'rrEN CONSENT OF WCG,INC. AN OVERVIEW OF OUR CONSULTING TEAM WCG places a high priority on meeting the needs of our clients. Therefore, at the outset of the recruitment process, we will tailor our approach to address the issues unique to your organization's working environment. For each recruitment project, we assign a Lead Consultant and a team of support professionals to carry out assignments in an effective and efficient manner. What follows are brief biographical descriptions of the members of our consulting team. ©2011-The Waters Consulting Group,Inc. Page• 8 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WC(;,INC. THIS PROPOSAL IS NOr 10 BE REPRODUCED FOR ANY REASON WITHOUT'I HE WRITTEN CONSENT OF WCG,INC. CHARLES (CHUCK) S. ANDERSON Chief Executive Officei- Charles(Chuck)S. Anderson is the Chief Executive Officer for the Recruitment Division within the Waters Consulting Group(WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract-for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University's Institute for Public Policy and Social Research. Areas of Expertise • Executive Recruitment • Leadership/Management Development • Organizational Design • Organizational Development Professional Accomplishments and Education �v Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham. Award for Development o£.Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention)by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. ©2011-The Waters Consulting Group, Inc. Page•9 TFIIS PROPOSAL CONTAINS PROPRIETARY INFORNIAI ION AND IS THE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL.IS NO r 10 BE REPRODUCED FOR ANY REASON WTFHOLO 1 lit WRI I TEN CONSEN-1 OF WI-G.INC. CHUCK R0111ZE Senior t Chuck Rohre is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 35 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career, Mr. Rohre served for three years as Police Chief of Plano,Texas. Chuck joined the firm in January 2006 following a 13-year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, especially in the Midwestern and Southwestern states. Among.others, he has led recruitment processes for City and Assistant City Managers, Police Chiefs, Fire Chiefs, Library Directors, Chief Information Officers, City/County Attorneys,Parks& Recreation Directors, Finance Directors and Public Works Directors. The clients range from as small as 2,500 to as large as 700,000 in population. He has also conducted management-consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a variety of subject areas including personnel assessment, leadership and management skills,and career development for public sector employees. Areas of Expertise • Executive Recruitment • Background Investigations • Assessment Centers • Career Development • Law Enforcement Management and Training Professional Accomplishments and Education Chuck received his Bachelor's degree in Career Development from the Dallas campus of Abilene Christian University and his Master's degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck completed the Federal Bureau of Investigation's prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army,serving in the United States and the Republic of Viet Nam. ©2011-The Waters Consulting Group,Inc. Page• 10 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERT\OF WCG,INC. THIS PROPOS AI.IS NO'I 10 BE REPRODUCED FOR ANY REASON W1 I HOIJ I THE W RII-FEN CONSENT OF W CG,INC. ANDREA BATTLE SINIS — PROPOSED LEAD CONSULTANT Senior Consultant Andrea Battle Sims has been working in executive recruitment for over nine years, managing all phases of the recruitment process for public sector executives, including: City and Assistant City Managers, Chief Information Officers, Library Directors, Police Chiefs, City/County Attorneys, Parks & Recreation Directors,Finance Directors and Workforce Development Executive Directors. Andrea is an experienced professional with over twenty years of prior experience. in Information Technology, IT Audit and Management experience in both the public and private sector. Her local government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of 50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has held management positions at AT&T, Progressive Insurance,and National City Bank managing IT projects as well as IT professionals, along with serving as an internal consultant/auditor. She has successfully managed IT professionals through the change process from legacy to client-server technologies including both private and public sector Year 2000 implementations. She is uniquely qualified and successful in CIO recruitments in the public sector. Areas of Expertise • Executive Recruitment • Recruitment and Retention Training • Diversity-based Recruitment and Retention • Information Technology Leadership • Organizational Assessment • Strategic Planning and Implementation • Project Management • Process Improvement • Change Management Professional Accomplishments and Education Andrea's educational background includes a Bachelor of Arts in Mathematics from Spelman College, Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the University of Pennsylvania, Philadelphia, Pennsylvania. In addition, her post-graduate education includes numerous executive development seminars and certification from the Leadership Academy at Cleveland State University, the Anderson School at UCLA and the Gartner Group. Andrea's current and past civic involvement includes the Board of Trustees at the Gathering Place; American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions with the Links, Inc., the Spelman Alumnae Association,and Delta Sigma Theta,Inc. ©2011-The Waters Consulting Group, Inc. Page• 11 I OS PROPOSAL CONTAINS PROPRIETARY INPORAIATI ON AND IS THE SOL[I PROPERTY OF ti CO,INC. THIS PROPOSAL Is%o r IO RE REPRODUCED FOR ANY REASON WHIRIM THE WRI FI'I N COHSENI'O[7\1'Rl.INC. PROFESSIONAL The all-inclusive professional fee to conduct the recruitment is provided below and includes the cost of professional services by the Lead Consultant and the project support staff, and all project-related expenses such as advertising, printing, candidate background and reference checks, and travel expenses for on-site visits by the Lead Consultant. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of WCG and are handled directly by the client organization. If there is a preference for separate billings for the professional services and project-related expenses, please advise us and the agreement can reflect such an arrangement. The all-inclusive professional fee will be billed in four installments; 30% of the fee will be billed at the beginning of the recruitment; 30%at the implementation of Phase 1; 30%at the implementation of Phase 11; and the final 10%upon acceptance of offer by the candidate. If candidates from this recruitment process are selected for another position within your organization within one year of the close of the recruitment, a fee of 50%of the above mentioned proposal amount will be due to WCG Executive Recruitment. All questions regarding the professional fees and project-related expenses should be directed to Chuck Anderson, CEO of Executive Recruitment Division at canderson@watersconsultinL,,.com or via phone at 817.965.3911. PHASE DESCRIPTION OF PROFESSIONAL SERVICES E: Phase I Task 1 —Candidate Profile Development/Advertising/Marketing(includes one day on site by Lead Consultant) Task 2—Identify Quality Candidates Phase 11 Task 3— Screening of Applications and Submission of Recommended Finalists to Client. Task 4—Reference Checks, Background Checks,and Academic Verifications Phase III _ Task 5—Final Process/On-Site Interviews with Finalists(includes two days on site . by Lead Consultant) Conclusion Acceptance of offer by candidate TOTAL ALL-INCLUSIVE PROFESSIONAL FEE $21,500.00 OPTIONAL SERVICES FOR CONSIDERATION FEES Additional work related to the search process and as specifically requested by the $1500.00 per client which is outside of the scope of this project(i.e.additional onsite meetings) is day additional. The fixed professional fee for this recruitment anticipates no more than plus expenses three onsite consulting days with one consultant. However,we would be pleased to provide additional onsite consulting visits for our standard daily rate of$1500 plus expenses. ©201]-The Waters Consulting Group, Inc. Page• 12 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY"OF WCQ INC. 'FIIIS PROPOSAI.IS\01 1013H REPRODI CEII FOR ANY REASON NIIHOM THG W ROTEN CONSENT OP WCC INC.. CITY OF ASHLAND Council Communication Public Hearing and Resolution to Raise Electric Rates 4% and Repealing Resolution 2009-26 Meeting Date: September 20, 2011 Primary Staff Contact: Lee Tuneberg Department: Electric E-Mail: tuneberl @ashland.or.us Secondary Dept.: Finance Secondary Contact: Approval: Martha Bennett Estimated Time: 30 minutes Question: Will the City Council raise electric rates by 4%, effective October 20, 2011 to address an increase in wholesale power rates from Bonneville Power Administration? Staff Recommendation: Staff recommends that Council approve a 4% increase in rates intended to pay for increased wholesale power costs and other expenses in the coming year and to repeal Resolution #2009-26 that authorized an increase two years ago. This is less than the 6% increase that was budgeted. Staff believes an increase of 4% rather than the 6% budgeted, is sufficient because: 1. The wholesale power increase from Bonneville Power Administration for October 1, 2011, is revised at 9.5% rather than the preliminary 13.9% that Council reviewed during the budget process. BPA still estimates that the wholesale rate will increase by $495,000 more each year. This projected increase alone equates to 4.1% of the annual rate revenue. 2. Other actual costs for fiscal year 2010-2011 were higher than projected, increasing projections for FYE 2012 and beyond. These increases exceed savings operations such as reductions in , staff due to reorganization. 3. Electric Fund capital improvements are primarily cash-funded, and, by maintaining adequate reserves, the City avoids finance charges and interest payments in the future. Staff is already projecting to use $110,000 less than the budgeted amount for 2012. 4. The Ending Fund Balance (EFB) for 2011 is $185,000 more than what was projected for carry forward into FY 2012 per the adopted budget (where the 6% increase was budgeted). Increased costs support more than a 4% increase, but the larger EFB can be used to lower the impact on the customer while maintaining a balance sufficient to pay for operations and improvements. Background: In evaluating the health of enterprise funds such as the Electric Fund, staff recommends that Council set rates that will generate sufficient revenue to pay for operational costs and capital related expenditures while maintaining sufficient Ending Fund Balances (EFB) to meet future obligations. Ending fund balances are minimum targets set by the City Council. Page I of 6 11F W, CITY OF ASHLAND The City's practice over the past several fiscal years has been to consider electric rates in the fall because changes in wholesale power and transmission rates from Bonneville Power Administration become effective October 1 of each year. It is also a good time to review actual costs from the prior fiscal year along with the current and projected EFB for the fund. Rates for other enterprise services the city provides are independent of this action but Council often considers recent changes in water and wastewater rates when considering affordability for ratepayers. The Budget Message in the Proposed FY 2011-2012 document included the following table, and 2012 revenue estimates included these rate increases in the 2012 column. ;f 11MM-1117MM 11=1 P�nl a, ir: rr: rr• r r r r r r r r i, i i• Transportation Utility Fee 15.0% 3.0% NIA 3.0% 3.0% 0.0% 4.0% 3.0% 3.0% Storm Drain Utility Fee 50.0% 10.0% NIA 3.0% 5.0% 0.0% 15.0% 4.0% 4.0% Water Fees 6.0% 4% - 7.8% 10.0% 8.0% 8.0% 10.0% 5.0% 3.0% 3.0% Wastewater Fees 10.0% 3.0% 20.0% 9.0% 8.0% 6.0% 4.0% 4.0% 4.0% Electric Rate Increase 8.7% 0.0% NIA 4.0% 3.0% 0.0% 6.0% 6.0% 6.0% Electric Surcharge •16.6 As Council is aware, budgeted rate increases are not automatic. Ashland has a history of evaluating financial and operational needs to determine what will actually be implemented. Last year no increases were done for Transportation, Storm Drain and Electric, less was implemented for Wastewater and more for Water. The "more" was precipitated by cool wet weather that reduced water sales and minimized revenue needed to pay for overhead. The Electric increase budgeted for FY 2011-2012 is 6% and was justified by the proposed 13.9% increase from Bonneville Power Administration (BPA) for wholesale power and other operational cost increases. The latest information finalizes the increase at 9.5% on supply (wholesale power) that would have a "pass through" impact on customers of 4.1% for just that one item. The Electric Fund's financial condition is relatively positive, and the increase in power costs will not start until October 1. These two conditions provide an opportunity (option) to reduce budgeted rate increases. Staff has modeled costs based on 2011 preliminary numbers and known cost increases for FYE 2012, to identify a range of potential increases spread over the next three years. This is done to get a sense of where things may be going. Council would only be approving one rate adjustment beginning in FY 2011-2012, not added increases in subsequent years. Financial projections and impact on rates-The Electric Fund operations finished $1,000,000 better than budgeted for FYE 2011 (but only $185,000 over what was projected for the end of this year). This is due to total revenue being close (99%) to budget and expenses ending at 93%. Of the 7% "savings" in expenses, 2% is unused Contingency. The other 5% below budget is due to unfilled positions and Page 2 of 6 1LI CITY OF -ASHLAND undone projects. This reduced level of expenditures helped the bottom line, but also means work was not done. These reduced costs may not recur in subsequent years. Staff looked at a range of increases from I% to 6% in FY 2011-2012 (effective in October). 'Be result of rate increases and the potential impact on the following two years, while meeting the minimum (target) EFB at the end of FY 2013-2014, is reflected in the table and chart below. The smaller the increase this year raises the potential for larger increases in subsequent years. Percentages of Electric Rate Increases to Reach Target Ending Fund Balances FY 2011- FY 2012- FY 2013- Impact of 3 year Options 2012 2013 2014 Sum compounding 1 1.0% 6.78% 6.78% 14.56% 15.16% 2 2.0% 5.05% 5.05% 12.10% 12.46% 3 3.0% 3.63% 3.63% 10.26% 10.61% 4 4.0% 2.62% 2.62% 9.24% 9.52% 5 5.0% 0.83% 0.83% 6.66% 6.76% 6 6.0% 0.00% 0.00% 6.000/6 6.00% Percentage of Electric Rate Increases to Reach Target Ending Fund Balances 12.0% i 10.0% +Option 1 8.0% Option 2 6.78% 6.0% - ° -t Option 3 5.05% 5.0% ->t-Option 4 4.0% 4.0% A 3.63% 3.0% < 2.62% Option 5 2.0% 2.0% --0--Option 6 1.0% 0.83% 0.0% 0-00%_, FY 2011-2012 FY 2012-2013 FY 2013-2014 Page 3 of 6 �r, 1 CITY OF -ASHLAND Staff's opinion is that a 4% increase in this fiscal year is the best compromise. This would provide adequate revenue (combined with above target reserves) to minimize the immediate impact on the customers yet generates sufficient revenue to meet financial needs. Staff also suggests averaging increases in the second and third years to avoid dramatic spikes and continuing to mitigate impacts on customers. Staff's proposal for a 4% increase in FY 2011-2012, followed by a budgeted 2.62% increase in FY 2012-2013 and in FY 2013-2014, maintains an acceptable EFB. A lower percentage increase this year is likely to increase the size of rate increase needed in a subsequent year(s) until a new surplus is realized. The 2.62% increases are estimates, and the city would be able to adjust each year's rates based upon how well the fund did with revenue generation and cost containment. Each year's changes in rates would still require a public hearing and Council's approval to implement at those times. The impact on the bottom line of a 4.0%/2.62%/2.62% approach is as follows: % Projected % Projected % Projected Operating Revenue: 2010 2011 Factor 2012 Factor 2013 Factor 2014 Charges for Services 11,931,379 $12,126,401 104.00% $12,582,901 102.62% $12,953,163 102.62% 513,292,535 Fees 212,900 112,315 100.00% 112,315 r t t 112,315 112,315 Operating Revenue 12,144,279 12,238,716 12,695,216 13,065,478 13,404,850 Power Costs Supply (4,873,111) (5,210,098) 109.08% (5,683,408) t r•r 102.36% (5,817,735) 100.00% (5,817,735) Transmission (866,133) (814,013) 100.00% (814,013) of 109.50% (891,345) (891,345) Power Costs (5,739,244) (6,024,111) (6,497,421) trf (6,709,080) (6,709,080) Gross Profit 6,405,035 6,214,605 6,197,795 trf 6,356,398 6,695,771 Operating Expenses Personal Services (1,872,383) (1,784,431) 100.00% (1,984,431) ••t : 103.00% (2,043,964) 103.00% (2,105,283) Materials&Services (522,522) (551,358) 100.00% (551,358) t•r 10100% (567,899) 103.00% (584,936) Operating Expenses (2,394,905) (2,335,789) (2,535,789) (2,611,863) (2,690,219) Overhead Internal Charges (1,390,205) (1,390,205) 102.63% (1,426,800) • .r.• (1,426,800) (1,426,800) Technology Debt (252,300) (252,300) 214.55% (541,300) tt (541,300) (541,300) Franchise tax (1,230,743) (1,227;662) 10.30% (1,307,607) tr tt-r 102.92% (1,345,744) 102.60% (1,380,700) Overhead (2,873,248) (2,870,167) (3,275,707) ht (3,313,844) (3,348,800) Operating Net Income 1,136,882 1,008,649 $386,299 r $430,691 $656,752 Non Operating Income(expenses) Intergovernmental-Grants $ 267,850 $187,436 100.00% $ 145,000 tt.r $145,000 $145,000 Interest on Investments 11,320 10,817 180.27% 19,500 tt 19,500 19,500 Miscellaneous Revenues 275,988 154,462 94.20% 145,500 t+ 145,500 .145,510 Financing Proceeds - - 100.00% - - - Conservation (714,891) (547,421) 9314% (509,841) t• : (509,841) (509,841) Capital Outlay (539,852) (367,856) 149.52% (550,000) ••t rtt (550,000) (550,000) Debt Service (25,107) (24,836) 98.91% (24,565) (24,293) (24,022) (724,692) (587,398) (774,406) (774,134) (773,863) Net Income(Loss) $412,190 $421,251 ($388,107) ($343,443) ($117,111) Working Capital Carryover 2,458,741 •t 2,070,634 1,727,191 Operating EFB over(under)Target EFB $ 2,070,634 $ 1,727,191 $ 1,610,080 12% 12% 12% Ending Fund Balance target is 12%of operating revenue $1,523,000 1,568,000 1,609,000 Rate Increase is applied to Me last three quarters of the fiscal year. $ 159,191 $ 1,080 Page 4 of 6 11FALAN, CITY OF -ASHLAND The proposed approach provides adequate short-term funding and allows the City to make appropriate annual adjustments. In the first year, the elevated EFB is "spent down" but is still $547,634 above the minimum target. In the second year, it drops further to $159,191 above the minimum, and in the third year, it slightly exceeds the target balance. This approach shows an EFB trend downward that would need to be monitored over time. If not resolved through ample sales and/or cost containment, the subsequent years' increases could be above the 2.62% modeled in the 2nd and 3`d year. Maintaining a healthy Ending Fund Balance (one above the minimums identified above) provides the City with financial flexibility. The City may be in the position to purchase a substation and transmission lines from Bonneville Power Administration. Studies show this will be beneficial over time if the infrastructure can be purchased at an appropriate price. Having an increased EFB could support paying cash, rather than borrowing, to avoid significant interest payments.. This approach is in keeping with the annual payments for improvements of the system. Electric Bill Comparisons Residential comparisons are always of interest but may not be fair in that each utility system must charge what it needs for its particular operations and the only other power provider in the Rogue Valley is Pacific Power, an investor owned utility, not a municipality. Information on this and the potential impact on a customer are: 1. The average Ashland residential customer is billed for 800 kWh per month at a cost of$66.79 (including user tax). The recommended 4% increase would cost about $2.68 more per month. 2. A 4% increase would have an average impact of$1.29 per month on a family of four in a modem constructed home, depending on use. 3. An older home with four occupants and higher electricity usage will average $3.34 more per month, depending on use. 4. A recent review of Pacific Power rates on a family of four showed the customer pays $42.00 more per month in their Talent home than they would if they lived in Ashland. It is difficult to compare electricity use between commercial establishments. Such analysis is best done during a rate study, and staff is considering when such work could be done. Finally, there are many variables that impact a customer's utility bill. Usage is key, and the City's Conservation and Customer Service divisions assist customers to minimize their use,thereby saving money. The City's Senior and Disabled Discount programs helps qualifying customers pay their monthly bills, and the dollar amount of assistance rises with the cost of the bill in that these discounts are a percentage of the total amount charged by.the City. So, an increase to rates increases the amount of assistance provided to each customer in the program. Also, the City's Low Income Energy Assistance program, HEAT donation program and social service grants buffer the impact of charges and increases. Related City Policies: None Page 5 of 6 I`, CITY OF ASHLAND Council Options: 1) Approve a 4% increase in electric rates as recommended. (Approve the attached resolution). 2) Approve a different percentage increase. (Revise the attached resolution). 3) Leave rates at current level. (Take no action on the attached resolution). Potential Motions: Move to approve the attached resolution raising electric rates 4% effective October 20, 2011. Attachments: Resolution to Raise Electric Rates 4% and Repealing Resolution 2009-26 Residential Service rate tables Seasonal Residential Service rate tables Commercial Service rate tables (3 pages) Governmental Service rate tables (3 pages) General Service— Governmental Large Service rate tables (2 pages) Outdoor Area Lighting Service rate tables Telecommunications Charge rate tables Renewable Resource Generation rate information Page 6 of 6 �r, RESOLUTION NO. A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING RESOLUTION 2009-26 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The electric rate schedules are increased 4% for rates for electric service provided by the City of Ashland, effective with usage on or after October 20, 201 ],as per the attached rate tables. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. Classification of the fee. The fees specified in Section 1 of this resolution are classified as not subject to the limits of Section 1 1 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2009-26 is repealed on the date new rates established by this Resolution are effective. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only, in accordance with Ashland Municipal Code §2.04.090, and duly PASSED and ADOPTED this day of September, 2011. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2011. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney l Page 1 of 1 City of Ashland, Oregon RESIDENTIAL SERVICE Applicable: To single-family residential customers when all service is supplied to one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Charge: November 2009 October 2011 Per Month $ 7.73 1 $ 8.03 Energy Charge: Per kWh November 2009 October 2011 First 500 kWh $ 0.05259 $ 0.05469 Over 500 kWh $ 0.06469 $ 0.06727 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service,whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed,and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be$3.28 for each kilowatt of demand, but not less than $8.03 minimum basic charge. The energy charge shall be in accordance with the schedule set forth herein. Three-Phase Service November 2009 October 2011 Per kW of Demand $ 3.16 $ 3.28 Minimum Char gel $ 7.73 $ 8.03 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon SEASONAL RESIDENTIAL SERVICE Applicable: This rate is applicable to seasonal residential uses such as owner occupied.single-family residential customers providing travelers accommodations, and when all service is supplied at one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Charge: jNovember2009 October2011' !. Per Month I $ 7.73 $ 8.03 Energy Charge: Per kWh November 2009 October 2011 First 600 kWh $ 0.05843 $ 0.06076 Over 600 kWh $ 0.06459 $ 0.06717 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service,whose single-phase requirements are, or will be supplied under any residential schedule,three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be$3.28 for each kilowatt of demand, but not less than$8.03 minimum Basic charge. The energy charge shall be in accordance with the schedule set forth herein. ' Three-Phase Service November 2009 October 2011 Per kW of Demand $ 3.16 $ 3.28 Minimum Charge $ 7.73 $ 8.03 Continuing Service: ` This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon COMMERCIAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to non-residential and multiple-family residential customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18- month period. Deliveries at more than one point, or more than one voltage and phase classification,will be separately metered and billed. Service for intermittent, partial requirements or highly fluctuating loads, or where service is seasonally disconnected during any one year period will be provided only by special contract for such service. Monthly Billing: The monthly billing shall be the sum of the Basic, Demand(if applicable), Energy,and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: Single Phase November 2009 October 2011 ' 30 kW or less $ 13.81 $ 14.36 Over 30 kW $ 51.82 $ 53.89 Three-Phase Service November 2009 October 2011 1. 30 kW or less $ 27.63 $ 28.73 Over 30 kW $ 89.81 $ 93.40 ' Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand. For all kW in excess of 15 kW Demarid`Char a November 2009 Octoberr2011 Per kW $ 3.30000 $ 3.43200 Energy Charge: Sin le Phase November 2009' October'2011 '? Per kWh up to 3,000 kWh $ 0.06253 $ 0.06503 Per kWh for the next 17,000 kWh $ 0.06273 $ 0.06523 Per kWh for all additional kWh $ 0.06303 $ 0.06555 Three Phase November 2009 ' Octoberr2011 Per kWh up to 3,000 kWh $ 0.05725 $ 0.05954 Per kWh for the next 17,000 kWh $ 0.05764 $ 0.05994 Per kWh for all additional kWh $ 0.05779 $ 0.06010 City of Ashland, Oregon COMMERCIAL SERVICE Page 2 of 3 Minimum Charge: The monthly charge shall be the basic charge.A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25%of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per War of such excess reactive demand. Reactive Power'Charge November 2009 October'2011 Per kvar $ 0.62000 1 $ 0.64480 Demand: Demand shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Metering&Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent(1 1/2%)to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater,the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of$36.40 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage,the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1)year. City of Ashland, Oregon COMMERCIAL SERVICE Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract,the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1)Operating Charge shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. (2)Facilities Charge shall be equal to 1 1/2 % per month of the installed cost of facilities paid for by the customer. (3)Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charge. City of Ashland, Oregon GOVERNMENTAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to governmental customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point,or more than one voltage and phase classification,will be separately metered and billed. Monthly billing: The monthly billing shall be the sum of the Basic, Demand(if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: Single Phase November 2009: October 2011 f 30 kW or less $ 13.81 1 $ 14.36 Over 30 kW $ 51.82 1 $ 53.89 Three-Phase Service November 2009' October 21011 30 kW or less $ 27.63 $ 28.73 Over 30 kW $ 89.81 $ 93.40 Note: Kilowatt load size,for determination of Basic Charge,shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand For all kW in excess of 15 kW DemandCharge - - November 2009 October 2011 Per kW $ 3.38 $ 3.51 Energy Charge: Single Phase November 2009- October 2011 Per kWh up to 3,000 kWh $ 0.07562 $ 0.07864 Per kWh for the next 17,000 kWh $ 0.05671 $ 0.05897 Per kWh for all additional kWh $ 0.05315 $ 0.05527 Three Phase November 2009 October 2011 Per kWh up to 3,000 kWh $ 0.08077 $ 0.08400 Per kWh for the next 17,000 kWh $ 0.06125 $ 0.06370 Per kWh for all additional kWh $ 0.05742 $ 0.05971 City of Ashland, Oregon GOVERNMENTAL SERVICE Page 2 of 3 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25%of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Reactive Power Charge November 2009 October 2011 Per kvarl $ 0.62000 1 $ 0.64480 Demand: Demands shall be the kilowatts shown by,or computed from the readings of the City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater,the above charges shall be reduced by one and one-half percent(1 1/2%)to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater,the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month.A High Voltage Charge of$36.40 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is,at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage,the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time,and after reasonable advance notice to any customer affected by such change,such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one(1)year. City of Ashland, Oregon GOVERNMENTAL SERVICE Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership,operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1)Operating Charge shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. (2)Facilities Charge shall be equal to 1 1/2 %per month of the installed cost of facilities paid for by the customer. (3)Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person,except by written permission of the City,and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon GENERAL SERVICE-GOVERNMENTAL LARGE SERVICE Page 1 of 2 Applicable: This schedule is applicable to electric service loads which have registered a peak demand of 1,000 to 3,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification,will be separately metered and billed. Service for intermittent, partial requirements, or highly Fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. Monthly Billing: The Monthly Billing shall be the sum of the Basic, Demand(if applicable), Energy, and Reactive Power Charges, plus appropriate Metering and Delivery adjustments. November 2009 October 2011 Basic Char e $ 2,114.16 $ 2,198.72 Demand Charge per kW $ 3.93910 $ 4.09660 —Energy Charge per kWh $ 0.04621 $ 0.04805 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum charge may be required by contract. On-Peak Period Billing Demand: The on peak period kilowatts shown by or computed from the readings of City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Reactive Power Charge: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25%of the measured kilowatt demand for the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. November 2009 October2011 Per kvarl $ 0.62000 1 $ 0.64480 Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater,the above charges shall be reduced by(1-1 1/2%)to compensate for losses. City of Ashland, Oregon GENERAL SERVICE-GOVERNMENTAL LARGE SERVICE Page 2 of 2 Delivery: For as long as delivery voltage is at City's current locally available primary or transmission voltage the total of the above charges will be reduced by the following amount per kilowatt of load size used for the determination of the Basic Charge billed in the month;and where such deliveries are metered at the delivery voltage,the following high voltage charges shall be added. November 2009 October 2011 = Standard Service Volta a Reduction per lkW Reduction per kW . Primary voltage of 11 kV or greater $ 0.15 $ 0.15 Transmission voltage of 60 kV or greater $ 0.27 $ 0.28 High Volta eChar e- Per Month Per Month Primary voltage of 11 kV or greater $ 35.00 $ 36.40 Transmission-voltage of 60 kV or greater $ 340.00 $ 353.60 When a new delivery,or an increase in capacity for an existing delivery is,at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage,the above charges for any month will be increased by 15 cents per kilowatt of load size for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classifications thereof at any time and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one(1)year. Installation and Maintenance: The City may contact for the installation and maintenance of electric facilities on the customers premises. The terms of such service shall be set forth in a contract,the form and terms of which shall be approved by the City Council. Monthly charges made by the City shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of the Schedule shall be determined in accordance with the following: (1)Operating Charge--shall be equal to 2/3 of 1%per month of the installed cost of facilities paid for by the customer. (2)Facilities Charge--shall be equal to 1 1/2%per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. (3)Transformer Capacity Charge—shall be equal 15(cents)per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person,except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. City of Ashland, Oregon OUTDOOR AREA LIGHTING SERVICE Monthly Billing: The following rate schedule is no longer available for new residential installations and is for outdoor area lighting service furnished from dusk to dawn by City-owned high pressure sodium luminaries which may be served by secondary voltage circuits from City's existing overhead distribution system, and mounted on City-owned wood poles and served in accordance with Citys specifications as to equipment and facilities,shall be as follows: (1) Net Monthly Rate Per Luminaire: Type of Luminaire Nominal Lumen Rating November 2009 October 2011 High-Pressure Sodium 5,800 $ 17.40 $ 18.09 High-Pressure Sodium 22,000 $ 25.10 $ 26.10 High-Pressure Sodium - 50,000 $ 40.14 $ 41.74 (2) Pole Charge: A monthly charge of$1.59 per pole shall be made for each additional pole required in excess of the luminaries installed. Pole Charge November 2009 October 2011 Per Month $ 1.53 $ 1.59 Maintenance: Maintenance will be performed during regular working hours as soon as practicable after customer has notified City of service failure. The City reserves the right to contract for the installation and/or maintenance of lighting service provided hereunder. Suspension of Service: The customer may request temporary suspension of power for lighting by written notice. During such periods the monthly rate will be reduced by the City's estimated average monthly re-lamping and energy costs for the luminaire. Contract: Due to the investment involved and cost of initial installation, the term of the contract shall be by written agreement with the Electric Department, the form of which shall have prior approval by the City Council, and the term of which shall be for not less than three(3)years. G:\finance\utilities\UB Rates\Electric\October 2011\Elec-Sch 15 Lite Guard 10-20-11 4%.xlsx 9/8/2011 City of Ashland, Oregon TELECOMMUNICATIONS CHARGE Applicable: This schedule is applicable to unmetered service provided to Telecommunication companies for electric service for their node power supplies and other active devices requiring electric service attached to City of Ashland owned utility poles. Monthly Billing: The monthly billing will be the sum of the base amount multiplied by the number of power supplies the customer is requiring and the energy charge based on the average amount of kWh used in accordance with the Commercial Service schedule below. Basic Charge: November 2009 October 2011 Charge per Power Supply $ 13.81 $ 14.36 Energy Charge: Novemben2009 -October 2011 Per kWh up to 3,000 kWh $ 0.06253 $ 0.06503 - Per kWh for the next 17,000 kWh $ 0.06273 $ 0.06523 Per kWh for all additional kWh $ 0.06303 $ 0.06555 City of Ashland, Oregon RENEWABLE RESOURCE GENERATION Applicable: This schedule is applicable to solar,wind, fuel cell and hydroelectric power generation facilities that meet the requirements of resolution 2010-29. Monthly billing: The monthly billing for takings from the City shall be in accordance with the applicable schedule or schedules for the type of service received. Generation credit: City shall provide excess monthly kWh roll-over credit throughout the calendar year with any unused kWh credit on the December billing cycle paid at current retail rates for the first 1,000 kWh's remaining and current wholesale rate for any remainder. Parallel Operation: Interconnection of a qualifying facility with City's system will be permitted only under the terms of a contract between the qualifying facility and the City. The contract must meet requirements of the Department of Electric Utilities. The form of such contract shall include but not be limited to the following: (1) The qualifying facility shall indemnify and hold harmless the City of Ashland from any and all liability arising from the operation and interconnection of qualifying facility. (2)The qualifying facility shall provide a lockable disconnect switch to isolate qualifying facility's generation from City's system. Such switch shall be accessible to City and City shall have the right to lock such disconnect switch open whenever necessary to maintain safe electrical operating conditions or whenever the qualifying facility adversely affects City's system. (3)Qualifying facility shall provide for adequate metering for qualifying facility's total generation independently from the qualifying facility's load. (4) Except for the metering, qualifying facility shall own and maintain all facilities on the qualifying facility's side of a single point of delivery as specified by the City. Qualifying facility's system, including inter-connected equipment, shall meet the requirements of and be inspected and approved by state electrical inspector and any other public authority having jurisdiction before any connection is made to City. Unmetered Generation: If the qualifying facility does not desire to make sales to City,the requirements for metering of the generation shall be waived. Such generation may reduce the net delivery and billing to the qualifying facility by City. The delivery meter will be of a type that will not be compensated for unmetered incidental flows to City. CITY OF ASHLAND Council Communication Designation of Voting Delegate to LOC Annual Meeting Meeting Date: September 20, 2011 Primary Staff Contact: Diana Shiplet Department: Administration E-Mail: shipletd @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennett Estimated Time: 5 Minutes Question: Whom will Council designate as the voting delegate and alternate delegate for the annual League of Oregon Cities (LOC) membership meeting, occurring on October 1, 2011? Staff Recommendation: N/A Background: The annual membership meeting of the League of Oregon Cities will be held on October 1, 2011 at their annual conference. Each member city is entitled to cast one vote at the meeting. Councilors Slattery, Morris, Silbiger, and Chapman will be in attendance at the conference on that date. Related City Policies: N/A Council Options: Select a voting delegate and an alternate voting delegate for the annual LOC membership meeting. Potential Motions: I move to approve as the voting delegate and as the alternate voting delegate for the annual LOC membership meeting. Attachments: Designation form Page I of I I`, LEAGUE 86" ANNUAL LOC CONFERENCE o1 Oregon C I T I E S Sept. 29— Oct. 1, 2011 • Riverhouse Convention Center, Bend Designation of Voting Delegate at Annual Membership Meeting The annual membership meeting will be held Saturday, October 1, at 8:00 a.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday morning prior to entering the business meeting. NOTE: Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FOR THE CITY OF VOTING DELEGATE: Name Title ALTERNATE: Name Title Return this form by Sept..16 to: Submitted by (Signature) League of Oregon Cities Attn. Jenni Shepherd Name P.O. Box 928 Salem, OR 97308 Title Fax: (503) 399-4863 Telephone