HomeMy WebLinkAbout2011-1004 Council Mtg PACKET CITY or
ASHLAND
Important: Any. mayoral] address the Coun_ciI on non-agenda items durin the Public Forum. Any citizen may submit written
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comments to the Council on any item on the Agenda,on it is the subject of a public hearing and the record is closed. 'rime permitting,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 time granted will be dependent to
some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 4, 2011
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued
to the next regularly scheduled Council meeting [AMC 2.04.030.E.]
6:30 p.m. Executive Session for discussion of labor negotiations pursuant to ORS
192.660(2)(e), employment of a public employee pursuant to ORS 192.660(2)(a), and
legal council pursuant to ORS 192.660(2)(h).
7:00 p.m. Regular Meeting
1. CALL TO ORDER
Il. PLEDGE OF ALLEGIANCE
111. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of September 19, 2011
2. Regular Meeting of September 20, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding Ashland Little League Allstars
2. Proclamation regarding October 1 - 8 as Oregon Days of Culture
3. Proclamation regarding October 9 - 15 as Fire Prevention Week
VII. CONSENT AGENDA [5 minutes]
1. Will Council adopt a resolution repealing Resolution No. 2011-01, which
establishes an AFN Advisory Board?
2. Will Council accept a trail easement from the Ashland Christian Fellowship
Church?
3. Should Council authorize signature of an Intergovernmental Agreement with
the City of Medford to provide building inspection services?
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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--30-0"m. by y-a two-thirds vote of council (AMC-§2-04.050))- "
1. Wil Council approve a resolution titled, "A Resolution Correcting, Amending
and Deleting Sections of the Miscellaneous Fees and Charges Document
Previously Approved by Resolution 2011-26"? [10 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
1. Does Council wish to affirm and finalize an agreement, as revised by City
Council action on August 30, 2011, 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? [30 Minutes] Please note: The public hearing
on this item is closed, no further public testimony will be allowed.
2. Will Council approve a resolution replacing the annual budget process with a
biennial (or two-year) approach, beginning with the budget for July 1, 2013
through June 30, 2015, and for each biennium thereafter until this resolution
is repealed?
XI. NEW AND MISCELLANEOUS BUSINESS
1 . Will Council approve the recommendations of the Ad Hoc Homelessness
Steering Committee? [30 Minutes]
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve the First Reading of an ordinance titled, "An
Ordinance Related to Meeting Quorum Requirements for City Appointed
Boards and Commissions" and move to Second Reading? [5 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Report from Council members who attended League of Oregon Cities
Conference.
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).
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CITY COUNCIL STUDY SESSION
September 19, 1011
Page I of 1
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, September 19,2011
Siskiyou Room,51 Winburn Way
Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Silbiger, Morris, Lemhouse, and Voisin were present. Councilor Slattery arrived at 5:34 p.m.
Councilor Chapman was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed items on the Look Ahead.
2. Does Council have questions about whether or not they should authorize an agreement with
The Water Consulting Group, Inc. for professional recruitment services at a bid price of
$21,500 plus direct reimbursement of expenses?
Human Resource Manager Tina Gray explained The Waters Consulting Group had previously recruited
the Fire Chief and IT Director positions. Using them to recruit the new City Administrator and Assistant
City Administrator positions would eliminate two months of interim salary by not going out for bid, and
provide a two-for-one discount for the recruitment.
Currently staff was searching for an Interim City Administrator. Council had the option of recruiting an
individual who was not interested in applying for the permanent position or using the interim position to
test-drive a potential candidate. City Administrator Martha Bennett anticipated she would have 2-3
candidates within the next two weeks.
Ms. Bennett responded to a concern the recruitment firm was not located in Oregon and described issues
the City experienced previously using California and Oregon recruitment firms that were not successful.
She went on to explain the $21,000 included all the professional fees for normal recruitment and that
anything outside of scope was $1,500 per day. The contract had three site visits scheduled and The
Waters Consulting Group was prepared to stay additional days if needed at no extra charge. If a hired
candidate left within 12 months, the City would receive a full refund, if the candidate left within the
second 12 months The Waters Consulting Group would conduct the new recruitment at half the cost.
Additionally the firm would never recruit a hired candidate to another company.
Ms. Gray explained developing the profile would consist of meetings with City staff, Council, and
stakeholders in the community and an open house involving citizens. Council would provide the recruiter
with individual lists of qualities they wanted and did not want in a candidate. Ms. Gray would forward the
profiles used for the current City Administrator and Fire Chief positions to Council as an example. The
timeline targeted the end of November to close recruitment, background checks in December, interviews
conducted in January, and a new City Administrator by March 2012:
3. Does Council have questions about the City's transition to a two-year budget process?
Interim Assistant City Administrator Lee Tuneberg explained Council could choose to delay the biennial
budget one year to run consistently with the Public Employee Retirement System (PEAS) rate changes.
PERS established rate changes a year in advance and staff could do cost projections. If Council chose to
start a biennial budget in 2013, staff would mitigate PERS rate changes through savings transfers and fees
in funds with excessive costs and other expenditures.
CITY COUNCIL STUDY SESSION
September 19, 2011
Page 2 of 2
Staff explained establishing a biennial budget would not bind future Councils. They could always revert
to annual budgets.
Mr. Tuneberg shared research on agencies using biennial budgets that were successful. Council would
still have to levy taxes each year with a biennial budget.
Council majority suggested delaying the biennial budget one year to align with PIERS and possibly have a
virtual two-year budget as a learning curve for 2012-13. Council wanted to hear problems other cities
incurred going to a biennial budget. Staff was unaware of any city that had returned to an annual budget
after trying biennial budgets. Council could make mid cycle adjustments if needed. City Attorney Dave
Lohman confirmed Council could adopt a resolution to start biennial budgets Fiscal Year 2013-15.
Meeting adjourned at 6:55 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
A3HLA1VU 111Y t'UUM-A,Mtt17N1i
September 20, 2011
Page I of 4 .
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 20, 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 announced vacancies on the Forest Lands, Historic, Housing, Planning,Public Arts,
and Tree Commissions, and the Audit Committee.
Sam Allen/Jeff Allen/223 East Brook WayfThanked the Council for making the solar project at Helman
Elementary School possible. They.provided history on the 5.17-kilowatt solar panels installed on the roof
of the new library at the school. The school collaborated with the City, the PTA, and Bonneville
Environmental Foundation. Various foundations and parents raised $8,000, the City contributed over
$10,000 and the Bonneville Environmental Foundation and Bonneville Power Administration funded
$15,000 to make it possible. The system will produce enough power for three classrooms, and there will
be a touch screen kiosk in the library for educational purposes. The Solar 4R Schools website
www.solar4rschools.orQ will show how much power the school produces in real time. Ashland based
True South Solar installed the system.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
City Attorney Dave Lohman proposed Council approve a clarifying amendment to the September 6, 2011
minutes concerning one portion of the presentation on the Comprehensive Water Master Plan. Staff's
statement regarding the City's ability to sell water to Talent and Phoenix to help cover Ashland's
infrastructure costs needed additional clarification. Following the first full paragraph on page 3 of the
minutes, he recommended adding the following: "The sale of water outside city limits is subject to
certain Charter restrictions that would have to be satisfied. Sales to property owners outside the
City have occurred numerous times in the past, in reliance on an interpretation of the Charter
provided in Resolution 1997-27.
Councilor ChapmanNoisin m/s to approve the August 30, 2011 Special Meeting minutes and the
September 6, 2011 Regular Meeting minutes with the recommended amendment. Voice Vote:
Councilor Slattery, Morris, Lemhouse, Voisin and Chapman, YES; Councilor Silbiger, NO.
Motion passed 5-1.
SPECIAL PRESENTATIONS &AWARDS -None
CONSENT AGENDA
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?
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September 20, 2077
Page 1 of 4
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 for 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 of
expenses?
Councilor Silbiger pulled both sets of the Planning Commission minutes of August 23, 2011 under
Consent Agenda item#1 and Councilor Slattery pulled Consent Agenda item#5 for further discussion.
Councilor Slattery/Voisin m/s to approve remaining items on the Consent Agenda. Voice Vote: all
AYES. Motion passed.
Councilor Silbiger noted the Planning Commission meetings of August 23, 2011 lacked a full quorum
and would not approve the minutes.
City Administrator Martha Bennett explained several Commissions had student liaisons. Mayor
Stromberg added the Mayor could create student liaison positions on a commission if there were interest.
Once created, the Student Senate approved a student to apply for the position. Student liaisons were non-
voting members.
Ms. Bennett would contact the Planning Commission on what constituted a quorum.
Councilor Silbiger/Slattery m/s to approve Consent Agenda item #5. Voice Vote. All AYES.
Motion Passed.
Councilor Slattery/Lembouse m/s to approve Consent Agenda item #1. Voice Vote: Councilor
Slattery,Morris,Lemhouse, Voisin and Chapman, YES; Councilor Silbiger,NO.
Motion passed 5-1.
PUBLIC HEARINGS (None)
1. Will Council raise electric rates by 4% effective October 20,2011 to address an increase in
wholesale power rates from Bonneville Power Administration?
Interim Assistant City Administrator Lee Tuneberg based the proposed 4%rate increase effective October
1, 2011 on a 9.5%rate increase from the Bonneville Power Association (BPA) for wholesale power. The
$495,000 increase was $500,000 more than the previous year. The 4% rate increase would have .
subsequent increases of approximately 2.62% for Fiscal Years 2012-2013 and 2013-1014 and equaled the
$500,000. Raising rates 2% each year would not generate enough income to stay above the minimum
Ending Fund Balance. The increase would cover electricity costs for purchase only. The City would
absorb operating costs through reserves and vacant positions in the City.
He went on to describe the process used to avoid turning off power to customers for non-payment.
Assistance programs like the Senior and Disabled Discount programs and the Low-Income Energy
Assistance Program (LIEAP) were budgeted and donations from other sources were not.
Public Hearing Opened: 7:26
AN'HLA/VU U11'r C:UUN(:/L Mtt TINU
September 10, 1011
Page 3 of 4
Public Testimony
Public speaker Kenneth Wainwright requested 5 minutes instead of 3.
Councilor Voisin motioned to extend the speaker's time. Motion died for lack of a second.
Kenneth Wainwright/CO 995 Siskiyou/Spoke on behalf of the Jackson County Fuel Committee that
addressed the lack of energy resources and fought for people to have access to heal and power. Currently
there were 46,000,000 living at or below the poverty line, with Oregon one of the most impoverished
States in union. It was unconscionable for policy makers to raise the rates for heat and power. He
provided statistics from the past year on households requesting assistance from ACCESS in the first week
of January that ranged up to 56,000 in the valley. Less than one in ten received assistance. He asked
Council to reject the rate increase and enact a winter moratorium from November 1 to March 31 on all
electricity shut offs and eliminate reconnect fees for households with incomes below 200% of the poverty
line. He also thought the article in the paper regarding the rate increase the day before the meeting was
the only noticing that occurred and was not sufficient for people to exercise their right to public
testimony.
Council and staff explained agendas were available on the City website www.ashland.or.us the Thursday
before each meeting along with a display ad in the newspaper. Additionally, the Look Ahead listed future
agenda items and was on the website and updated every other week. The rate increase was on the Look
Ahead since July.
Public Hearing Closed: 7:34 p.m.
Councilor Silbiger/Chapman m/s to approve Resolution #2001-29. DISCUSSION: Councilor
Silbiger commented the City had no control over the increase since BPA set the price. The 4% increase
raised the amount needed and the Electric Department would absorb the associated costs. Councilor
Lemhouse would not support the motion. He thought unexpected revenues like the $125,000 from the
Chitwood sale should go to the Electric, Water, and Street Funds to help offset 'rate issues and
shortcomings. Councilor Slattery supported the 4% rate. He was not in favor of taking funds from
specific City services to pay for another. Each service needed to stand on its own. In addition, the City
should double their efforts to help low-income individuals. Councilor Voisin would vote against the
motion. The money the City was currently raising for the transformer purchase should go to subsidizing
utility rates instead. She wanted a rate study conducted that would establish progressive rates with a basic
rate that increased with customer use. Councilor Chapman clarified the City was purchasing the
transformer to save money in the future and reduce rates. The 4% rate increase was the best compromise
and he would support the motion. Roll Call Vote: Councilor Chapman, Morris, Slattery, and
Silbiger,YES; Councilor Lemhouse, and Voisin,NO. Motion passed 4-2.
The Mayor, Council, and staff discussed Mr. Wainwright's testimony and suggestions. Staff would
forward LIEAP income qualifications for energy assistance. Council requested periodic reports on shut
offs as the winter season progressed and would use the information to determine next steps.
Councilor Lemhouse/Slattery m/s to direct staff to bring forward a status report of the program
going into the winter months. DISCUSSION: Councilor Lemhouse could not support a plan without
first knowing the actual situation. Voice Vote: Councilor Slattery, Morris, Lembouse and Voisin,
YES; Councilor Silbiger and Chapman, NO. Motion passed 4-2.
AJWLANV C11 t.'VUNCIL MLLLJJNU
September 20, 2011
Page 4 of 4
PUBLIC FORUM '
Emery Way/753 Siskiyou Boulevard/Explained several groups were initiating a boycott of Mt. Ashland
Association, their main sponsors and donators. He appealed to Council to join the boycott. People could
not afford to do nothing when something as vital as natural resources were at stake. Council needed to
take a position on the matter one way or the other, if not as a Council,then as individuals.
UNFINISHED BUSINESS-None
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?
Councilor Slattery/Morris m/s designating Councilor Silbiger as the voting delegate and Councilor
Chapman as the alternate voting delegate. Roll Call Vote: Councilor Slattery, Morris, Lemhouse,
Voisin, and Chapman,YES; Councilor Silbiger,NO. Motion passed 5-1.
ORDINANCES,RESOLUTIONS AND CONTRACTS (None)
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Report from Council Silbiger on Ashland Community Hospital.
Councilor Silbiger met with the Executive Committee who provided the Corporate Member Role &
Rights he submitted into the record. Ashland Community Hospital (ACH) hired a consultant who was
creating a package of assets ACH owned. The consultant would also receive proposals from interested
hospitals. Additionally, they were developing a public communication plan. Councilor Voisin suggested
having public input prior to the final presentation.
City Administrator Martha Bennett explained there was an inconsistency in the by-laws that stated
Council could appoint whomever they wanted and another bylaw that said Council could not appoint an
elected official. City Attorney Dave Lohman further explained Council had the authority to appoint a
liaison that did not have to be a Council member. If Council wanted to appoint another Councilor then
the articles of incorporation would need to change with approval by both the Council and the ACH Board.
Ms. Bennett referenced Mr. Wainwright's public testimony and shared how citizens could subscribe on
the City website to receive notification emails when the agenda posted online. In addition, the public
could access City information through Twitter and Face Book pages.
Interim Assistant City Administrator Lee Tuneberg provided details on the four power outages that
occurred since May. A control board malfunction caused the first power outage in May. California
Oregon Power Company (Copco) blackouts resulted in two power outages in July. The recent outage
occurred when an animal made contact with components.
ADJOURNMENT
Meeting adjourned at 8:19 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg,Mayor
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#' PROCLAMATION
® Oregon's bountiful resources and natural beauty have inspired and drawn people for
thousands of years; and
Oregonians represent diverse cultures that, over the course of 151 years of
statehood, weave together the living tapestry that is Oregon; and
I g
Culture is valued by every sector of society—business, government, education,
religion — every age group, and every ethnicity; and
The Oregon Cultural Trust is recognized nationwide as an innovative and effective
o public-private partnership that strengthens Oregon culture; and
Oregon's museums, libraries, theaters, historical societies, arts centers and heritage Q
sites draw us together for the common purpose of understanding and celebrating �Q
culture; and
The Oregon Cultural Trust organizes "Oregon Days of Culture" to heighten
°@ appreciation of what culture means every day in every Oregon community; and $;
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Citizens are encouraged to participate in Oregon culture, to celebrate its vibrancy u,
and depth, and to give to the arts, heritage and humanities to ensure their future
viability.
R NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of �'
Ashland, do hereby designate October 1-8, 2011, as
Oregon Days of Culture ,I
�e91 in Ashland and encourage all citizens to join in this observance. p (�
Dated this 4th day of October, 2011
4� 9
John Stromberg, Mayor
Barbara Christensen, City Recorder �
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e Proclamation , e
2011 National Fire Prevention Week
J The City of Ashland is committed to ensuring the safety and security of all those living �yl•
�6 in and visiting our City.
+` Fire is a serious public safety concern both locally and nationally, and homes are the
locations where people are at greatest risk from fire.
Home Gres killed more than 2,500 people in the United States in 2010, and fire
a departments responded to more than 360,000 home fires. Ashland Fire& Rescue
responded to 18 home fires in 2010. F <
Cooking equipment is the leading cause of home structure fires and associated injuries
and the third leading cause of home fire deaths.
Home candle fires are reported to a United States fire department every 30 minutes, on n .
;1 average. ♦. P
• Working smoke alarms cut the risk of dying in reported home Gres in half and automatic
fire sprinkler systems cut the risk of dying in a home fire by about 80%.
a �
e�� * • Ashland Fire & Rescue's firefighters are dedicated to reducing the occurrence of home 9
fires and home fire deaths and injuries through prevention and proper education.
• The 2010 Fire Prevention Week theme, "It's Fire Prevention Week. Protect Your d �
Family from Fire!"effectively serves to remind us all of the simple actions we can take
to keep our homes and families safe from fire during Fire Prevention Week and year-
round-
THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,do hereby
R. proclaim October 9 - 15, 2011 as:
f Fire Prevention Week
in the City of Ashland, and 1 urge all people to protect their homes and families by heeding «�4�
_ this important safety messages and supporting the many public safety activities and efforts o
°. City of Ashland's fire and emergency services. '
2E � Dated this 4th day of October, 2011 t
gpYfTF
e John Stromberg, Mayor f
Barbara Christensen, City Recorder
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CITY OF
ASHLAND
Council Communication
Resolution Repealing Resolution 201141 Concerning an AFN Advisory Board
Meeting Date: October 4, 2011 Primary Staff Contact: David Lohman
Department: Legal Department E-Mail: david.lohman @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Will the Council adopt the Resolution repealing Resolution 2011-01, which established an AFN
Advisory Board?
Staff Recommendation:
Staff recommends the adoption of the Resolution.
Background:
The City Council voted at its August 2, 2011 regular meeting to repeal the resolution which created the
AFN Advisory Board. This Resolution formally accomplishes that repeal.
Related City Policies:
Not applicable.
Council Options:
1) Move to adopt the Resolution.
2) Reconsider rescission of the AFN Advisory Board.
Potential Motions:
Move to adopt the attached Resolution
Attachments:
Draft Resolution
Resolution 2011-01
Page I of I
RESOLUTION NO. 2011-
A RESOLUTION REPEALING RESOLUTION 2011 - 01 CONCERNING
AN AFN ADVISORY BOARD
RECITALS:
A. In January 2011, the City Council adopted Resolution 2011-01, which created n Ad-Hoc
Telecommunications Utility Executive Advisory Board ("AFN Advisory Board") to
advise the IT Director and City Council from February 1, 2001 to December 31, 2012
B. After seven months of recruiting, only two persons filed applications for the five .
authorized slots on the AFN Advisory Board.
C. In the meantime, the IT Director has departed, and a replacement has not been appointed
yet.
D. At its August 2, 2011 regular meeting, the City Council voted to repeal Resolution No.
2011-01.
E. This resolution is to document for the public record repeal of Resolution No. 2011-01.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. Resolution 2011-01, concerning the establishment of a temporary Ad-Hoc
Telecommunications Utility Executive Advisory Board is repealed.
This resolution was duly PASSED and ADOPTED this day of
2011, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2011.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of I
RESOLUTION NO 2011-0
A RESOLUTION DEFINING THE DUTIES AND RESPONSIBILITIES OF THE
AD-HOC MUNICIPAL TELECOMMUNICATIONS UTILITY EXECUTIVE
ADVISORY BOARD
RECITALS:
A. The City of Ashland City Council requires specialized policy and technical input in
reviewing the strategic direction of Ashland's municipal telecommunications utility.
B. City Council seeks to affirm the expectations and composition of an ad-hoc advisory board
consisting of executives capable of providing said input to City Council and City staff.
C. Ashland's municipal telecommunications utility would benefit from the inclusion of external
experts in setting and managing to its strategic goals.
D. City Council believes that the telecommunications utility will benefit from external advice in
implementing the first two-year phase of its Strategic Business Plan.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Committee Established. The Ad-Hoc Telecommunications Utility Executive
Advisory Board("AFN Board") is established beginning February 1, 2011 and shall consist of
seven voting members. The AFN Board will automatically be dissolved on December 31, 2012.
SECTION 2. Terms, Oualifications, Vacancies.
1) All members will be appointed by the Mayor with confirmation by the City Council,
except for City staff designated as ex-officio, non voting members. Members shall be
named by City Council and serve until the dissolution of the AFN Board on December
31, 2012.
2) Three voting members shall be executives with expertise in telecommunications and
business. Executives must have experience in the successful management of
telecommunications or businesses of similar scope and scale. To ensure expertise and
continuity, "Executive Appointees"may be residents of other cities and stales.
3) Two voting members shall be named from among incumbent City Council members as
"Council Appointees"„
4) One voting member will be a citizen at-large of the City of Ashland. The"Citizen
Appointee" should have expertise in the telecommunications or information technology.
5) One representative shall be appointed from the municipal telecommunications utility's
vendor partners. This "Vendor Appointee"must in good-standing with the City, defined
Page 1 of 3
as meeting all contracted performance requirements and holding a City of Ashland
business license.
6) The City's Director of Information Technology will bean ex-officio, non-voting member
and shall serve as staff to the AFN Board.
7) The City Administrator and/or their designee shall also serve as an ex-officio, non-voting
member of the AFN Board.
- 8) Any AFN Board member who is absent without prior permission from the chair for more
Than two meetings in a one-year period shall be considered inactive from the AFN Board
and the position vacant. A new person shall be appointed by City Council to complete
the term.
9) The AFN Board will elect a person to serve as Chair and Vice Chair from among the
voting members at the first meeting of each calendar year.
SECTION 3. Ouorum and Rules. Four voting members shall constitute a quorum. The AFN
Board shall establish rules for its meetings as it deems appropriate and shall meet as many times
as necessary,but no less than semi-annually.
SECTION 4. Responsibilities. The committee shall be responsible for:
1) Reviewing semi-annual reports from telecommunications utility management and making
any recommendations about AFN as a result of its report to the City Council.
2) Recommending to the City Council updates and revisions to the municipal
telecommunications utility's Strategic Business Plan. This may include significant
revisions to the business model when needed.
3) Analyzing and reporting to the City Council any significant industry events or risks that
require changing the strategic direction of the City's telecommunications utility.
4) Recommending to the City Council whether to accept the telecommunications utility's
capital plan, rates and products structure, and annual carryover requests.
SECTION 5. Reports. The AFN Board shall submit copies of minutes of its meetings to the
City Council and City Recorder. Reports or recommendations of the AFN Board shall be
considered advisory in nature and shall not be binding on the Mayor or City Council.
This resolution was duly PASSED and ADOPTED this day of 2011, and
takes e9iitct upon signing by the Mayor.
BE6bara Christensen, City Recorder
Page 2 of 3
SIGNED and APPROVED this day of 2011.
2011.
be rg, Mayor
Reviewed as to fo
Megan mton, Interim City Attorney
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Trail Easement from Ashland Christian Fellowship Church
Meeting Date: October 4, 2011 Primary Staff Contact: Don Robertson
Department: Parks and Recreation E-Mail: robertsd @ashland.or.us
Secondary Dept.: None Secondary Contact: Jeffrey McFarland
Approval: Martha Bennee# Estimated Time: Consent Agenda
Question:
Will Council accept a trail easement from the Ashland Christian Fellowship Church?
Staff Recommendation:
Staff recommends accepting the trail easement from the Ashland Christian Fellowship Church.
Background:
In 2006, the Ashland Parks and Recreation Commission adopted the Ashland Trails Master Plan. The
trail master plan designated trails and trail corridors throughout Ashland. Identified in the master plan
was the need for a foot path along Ashland Creek stretching from Bluebird Park to Nevada Street and
linking to the Bear Creek Greenway.
The Ashland Parks and Recreation Commission heard a presentation and discussed the proposed trail
easement at its August 22, 2011, regular meeting. The commission unanimously approved the trail
easement and construction of the trail with the Ashland Christian Fellowship Church.
Related City Policies:
City of Ashland Transportation Plan
Council Options:
Approve the trail easement
Deny the trail easement
Potential Motions:
Move to approve: "I move to approve the proposed trail easement as identified in Attachment A."
Move to deny: "1 move to deny the proposed trail easement as identified in Attachment A."
Attachments:
• Trail Easement Contract
• Easement Maintenance Agreement
• Aerial Overview of Proposed Trail Easement
• Tree Removal Permit Request from Anne Thayer, Parks Horticulturist
Page 1 of 1
�r,
Name of Transaction: Public Trail Easement
Grantors: Ashland Christian Fellowship
Return Document to: Barbara Christensen, City Recorder,
20 East Main,Ashland, OR 97520
True and Actual Consideration: $1.00 and other good and valuable consideration
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A.Ashland Christian Fellowship Church, herein referred to as "Grantor", is the owner of
certain real property strategically located to provide a valuable addition to the public trail
system within and immediately around the City of Ashland ("City").
B. The City and the Ashland Parks and Recreation Commission ("Commission") are
working to acquire, preserve and improve the public trail system, and have determined
that a trail through the below described property will provide a vital link in this system.
C. The City and Commission, have negotiated an agreement with Grantor to add the
below described property to the public trail system as set forth in this easement.
Grantor and City agree:
1. Grant of easement. The above-named Grantor grants to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross, at the City's own cost, to construct,
reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a
trail for use by the public across, along and upon the real property described below and
further referred to in this easement agreement as the "easement area."
The easement area is located in the City of Ashland, Jackson County,
Oregon, and is comprised of a ten (10) foot wide public trail right-of-way
from Hersey Street to the Chegar Street Right-of-Way, with the center line
of one branch of the trail to Grantor's Westerly parking lot trail access and
the center line of the other branch of the trail to Oak Street as generally
illustrated on the attached Exhibit A.
2. Use of surface. Grantor shall have the right to use the easement area for all purposes
not inconsistent with the uses and purposes of the property, provided that Grantor shall
1-TRAIL EASEMENT
not build or erect any structure upon the easement area without the prior written
consent of City. City agrees to work with Grantor with steps needed to achieve the
efficient and effective operation and trail management, including, but not limited to
needed signage, fencing and/or boulder placement, dog waste disposal stations,
vegetation and tree landscaping design and maintenance on and adjacent to trail and
adjoining riparian zone area, etc.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
4. Indemnification. To the extent permitted by the Oregon Constitution, the City's charter,
and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify .
Grantor against any liability for damage to life or property arising from the public's use of
the easement under this agreement. The City shall not be required to indemnify Grantor
for any such liability arising out of the wrongful acts of the Grantor or the employees or
agents of the Grantor.
5. Mercier. This easement agreement constitutes the entire agreement between the
parties regarding 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 easement shall bind either party
unless in writing and signed by both parties.
ASHLAND CHRISTIAN FELLOWSHIP CHURCH
GRANTOR:
qi 2�
Authorized signer for Grantor Date
State of Oregon )
County of Jackson )
This instrument was acknowledged before me on � 3Mt 1]!N o� , 2011,
by —Ma4-k
Grantor
OFFICIAL SEAL Notary Public for Oregon
BILLIE K. BOSWELL - M Commission expires:
NOTARY PUBLIC-OREGON y p
COMMISSION NO. 436471 ,
MY COMMISSION EXPIRES APR. 7,2013
2-TRAIL EASEMENT
ASHLAND CHRISTIAN FELLOWSHIP TRAIL
AGREEMENT FOR
MAINTAINING EASEMENT
THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the
City Council, hereinafter referred to as City, and Ashland Christian Fellowship Church, hereinafter
referred to as Grantor.
RECITALS
A. Grantor owns and operates property located at 50 West Hersey Street, Ashland, Oregon. (the
"Property").
B. City desires an easement across the Property for stated purpose of providing additional trail to
the City's public trail system. (the Easement).
C. The Parties are aware of the protections from liability provided by ORS 105.655 for use of the
Easement for public purposes and wish to interpret this Agreement in a manner that favor such
protections for the Grantor.
D. City agrees to provide.or perform the following acts and transactions outside of the rights
provided under the Easement and under the circumstances set forth in this Agreement.
In consideration of the matters described above, and of the mutual benefits and obligations set forth
in this Agreement, the parties agree as follows:
1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this
reference.
2. Additional Conditions. Additional conditions specifically concerning this Agreement shall be in
effect if numbered and listed in the space provided below under "Special Conditions". Each such
condition will be initialed by the Grantor and the City representative.
3. Description of Leased Property. Grantor agrees to the Easement as recorded in Jackson
County Records #
4. Term. The term of this Agreement shall continue for so long as the stated purpose of the
Easement continues to exist or the Easement is terminated by mutual written agreement,
whichever occurs first.
5. Costs. The cost of maintaining the Easement in repair shall be borne by the City, pursuant to the
terms of this Agreement or the Easement. This Agreement shall be recorded in the real property
records of Jackson County.
5.1.Both Parties are responsible for damage to the Easement to the extent of their own
negligence or abnormal use, and each shall repair the damage at their sole expense.
6. Construction. City shall have the right to construct improvements such as trail surfacing,
landscape features or plantings•in conformance with all approved plans and permits. City shall
have the right to erect, maintain, and alter such improvements upon the Easement provided such
improvements conform to the applicable requirements of all federal, state, and local laws. All
plans for such structures.or improvements shall be reviewed and approved in writing by the
Grantor prior to construction.
Page 1 of 3—Public-Private Easement Agreement
l
7. City Covenants. City agrees to:
Maintenance. City shall provide proper containers for trash and garbage and shall keep the
Easement free and clear of weeds, rubbish, debris, and litter at all times.
8. Rights Reserved to the City. The City reserves the following rights:
8.1.Temporary closures. The right to temporarily close or to restrict the use of the Easement or
any of the facilities for maintenance, improvement, or for the safety of the public. Grantor is
not entitled to any compensation or damages for such temporary closures.
9. Special Conditions.
9.1.The City will maintain at least a four foot wide ADA approved path paralleling Ashland Creek,
from Hersey Street to the Westerly corner-of Grantor's property where the Grantor's present
parking lot meets the Chegar Street Right-of-Way;
9.2.The City will maintain a cleared three foot pathway adjoining the trail referenced in section 9.1
above at its westerly corner further described in Exhibit A of the Easement and that proceeds
within the Chegar Street Right-of-Way from the Southerly.riparian bank of Ashland Creek to
Oak Street for purposes of the Easement;
9.3.The City will provide Grantor with a master plan for riparian zone landscaping;
9.4.The City will provide all materials needed to construct and maintain the Easement trail, to
assess tree and vegetation health and necessary maintenance, and provide natural trail traffic
control methods and/or devices;
9.5.The City will maintain and keep the Easement and immediate adjoining area clean from litter
or solid waste, and noxious weeds and plants associated with uses of the Easement;
9.6.The City is encouraged to accepts volunteer labor offered by Grantor on behalf of qualified
members of its church;
9.7.The City will provide dog ordinance signs and animal waste stations on each entrance of the
Easement; the stations to be serviced twice a week,
9.8.The City's scope of indemnity is contained within the area described in the Easement and
those portions of the Grantor's ADA approved parking spaces directly associated with
providing access to the Easement;
9.9. The Grantor will fully cooperate with City in its enforcement of protection of the riparian area
on Grantor's property adjacent to Ashland Creek.
10. Indemnification; Waiver of Subrogation. To the extent permitted by the Tort Claims Act, the
City will defend, indemnify and save Grantor, its officers, employees and agents harmless from
any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages
resulting from injury to any person (including injury resulting in death,) or damage (including loss
or destruction) to property, of whatsoever nature arising out of or incident to this lease or the
activities that take place on the Easement. City will not be held responsible for damages caused
by negligence of Grantor.
11.No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of
cooperation and coordination to facilitate City's desire to provide public access to its trail system.
However, nothing in this Agreement makes the City responsible for the contracts or commitments
of Grantor regarding construction or development by Grantor as relates to this Easement.
Page 2 of 3—Public-Private Easement Agreement
12. Non-appropriations. All City obligations pursuant to this Agreement which require the
expenditure of funds are contingent upon future appropriations by the City as part of the local
budget process. Nothing in this Agreement implies an obligation on the City to appropriate any
such monies.
13.Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be
a waiver of or prejudice the party's right to require strict performance of the same provision in the
future or of any other provision.
14.Consent of City. Whenever consent, approval or direction by the City is required, all such
consent, approval or direction shall be received in writing from the City Administrator.
15. Notices. All notices required under this lease shall be deemed to be properly served if sent by
certified or registered mail to the last address previously furnished by the parties. Until changed by
the parties by notice in writing, notices shall be sent to:
CITY: GRANTOR:
City of Ashland Ashland Christian Fellowship Church
Attn: City Administrator 50 West Hersey Street
20 E. Main Street Ashland, OR 97520
Ashland, OR 97520
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below.
GRANTOR:
Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this
Public-Private Easement Agreement as set forth above.
CITY:
Mayor/Mayor's Designee, City of Ashland , Date
Page 3 of 3-Public-Private Easement Agreement
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September 22, 2011
City of Ashland Planning Dept.
Attn: Bill Molnar
I am applying for a tree removal on behalf of Ashland Christian Fellowship (ACF). Ashland
Parks and Recreation is working jointly with ACF in the construction of a public ADA trail.
There is an easement in process for the creation of the trail, along the Ashland Creek riparian
zotie that abuts City properties and ACF property. One tree currently is within the proposed trail
boundaries. It is an unhealthy tree and appears to be on its last leg. The Ashland Parks Dept.
will be performing the trail work when the easement documents are approved the first week of
October.
The tree, a fruitless Mulberry (JWorur alba, 12.25 inches dbh) was planted before the Ashland
Creek Flood of 1997. One of the results of the flooding was an influx of debris, sand and silt
berm (also created by the removal of debris from the adjacent parking lot). There is currently at
least 6 inches of sand!silt covering the base of the trunk. The number one reason for tree attrition
typically occurs when planted too deeply, or with the addition of soil to the original grade.
The following pictures show the raised grade surrounding the base of the tree causing rot.
More pictures show the lack of leaves within the canopy and dead limbs.
']'hank vou.
��YtX.C' ' (?�
Anne C. Thayer
Horticulturist. APRD
Y
CITY OF
ASHLAND
Council Communication
An Intergovernmental Agreement with the City of Medford for Building
Inspection Services
Meeting Date: October 4, 2011 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnarb @ashland.or.us
Secondary Dept.: Legal Secondary Contact: David Lohman
Approval: Martha Benne Estimated Time: Consent
Question:
Should the Council authorize signature of an Intergovernmental Agreement, (IGA) with the City of
Medford to provide building inspection services?
Staff Recommendation:
Authorize the signature of a contract (IGA) entitled "Intergovernmental Agreement for Building
Inspection Services" with the City of Medford and the City of Ashland.
Background:
The City of Ashland and the City of Medford have made inspectors available on dates requested by the
other party to perform building inspections. This activity provides each jurisdiction with inspector
coverage should the need arise. The City of Ashland previously had an IGA with the City of Medford
to perform Building Official duties.
It is the City of Ashland Building Safety Department's continued goal to provide inspection services
even with the absence of any personnel. This agreement is similar to the IGA we share with Jackson
County. It also promotes consistency between jurisdictions with regard to building code interpretation
and enforcement.
Related City Policies:
None
Council Options:
Approve the Intergovernmental Agreement between the City of Ashland and the City of Medford to
perform building inspection services within each respective jurisdiction.
Approve the,Intergovernmental Agreement between the City of Ashland and the City of Medford,
along with any suggested modifications, to perform building inspection services within each respective
jurisdiction.
Potential Motions:
Move approval of entering into a 2-year Intergovernmental Agreement with the City of Medford to
mutually perform building inspection services as needed.
Attachments:
Intergovernmental Agreement for Building Inspection Services
Page 1 of I
INTERGOVERNMENTAL AGREEMENT
FOR BUILDING INSPECTION SERVICES
This agreement, hereinafter referred to as "Agreement ", is made and entered into by,
and between, the City of Ashland, herein after referred to as "Ashland", and City of
Medford, herein after referred to as "Medford".
STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
"INTERGOVERNMENTAL COOPERATION", Ashland is authorized to jointly provide
for the performance of a function or activity in cooperation with a "unit of local
government' that includes a commission or other governmental authority in Oregon.
By acceptance of this Agreement, Medford certifies that it meets the above criteria for
eligibility for such cooperation with the Ashland.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local
government, consolidated department, intergovernmental entity or administrative
officers designated herein to perform specified functions or activities is vested with
all powers, rights and duties relating to those functions and activities that are vested
by law in each separate party to the Agreement, its officers and agencies.
RECITALS
1. ORS 190.010 permits units of local government to enter into Intergovernmental
Agreements for the performance of any or all functions and activities that a party to
the agreement has authority to perform; and
2. Ashland and Medford require the services of qualified building inspectors for the
performance of routine building code inspections; and
3. Ashland and Medford employ inspectors with the particular training, ability,
knowledge and experience to meet the needs of each jurisdiction.
NOW, THEREFORE in consideration for the mutual covenants contained herein the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. The recitals set forth above are true and correct and are incorporated herein by this
reference.
2. COOPERATION AND SERVICES TO BE SHARED
a. Ashland Responsibilities:
1) Ashland shall make available to Medford, Building Department personnel with the
qualifications and state certifications necessary to perform the inspection and or plan
reviews as requested by Medford. Inspectors shall be made available on those dates
and at those times as are mutually agreed upon between the Ashland Building
Official and the Medford Building Official. A statement of work is contained in Exhibit
A attached hereto and made a part hereof by this reference. Ashland Inspectors
providing services to the Medford pursuant to this Agreement shall have all
jurisdiction, authority, powers, functions, and duties of the Medford Inspectors with
respect to any and all violations of State Laws and City Ordinances.
b. Medford Responsibilities:
1) Medford shall make available to the Ashland, Department personnel with the
qualifications and state certifications necessary to perform the inspection and plan
reviews as requested by Ashland. Inspectors shall be made available on those dates
and at those times as are mutually agreed upon between Medford Building Official
and Ashland Building Official. A statement of work is contained in Exhibit A attached
hereto and made a part hereof by this reference. Medford Inspectors providing
services to the Ashland pursuant to this Agreement shall have all jurisdiction,
authority, powers, functions, and duties of Ashland Inspectors with respect to any
and all violations of State Laws and County Ordinances.
3. APPOINTMENT FOR FUNDING
a. Ashland shall promptly reimburse the Medford for the actual expenses incurred
for the services provided. For purposes of this Agreement, actual cost shall be
considered a flat rate costs in an amount of$70.00 per hour, not to exceed
$10,000 per year for the initial contract term.
b. Medford shall promptly reimburse Ashland for the actual expenses incurred for
the services provided For purposes of this Agreement, actual cost shall be
considered a flat rate costs in an amount of $70.00 per hour, not to exceed
$10,000 per year for the initial contract term.
4. PERSONNEL.
No employees will be formally transferred pursuant to this Agreement. Ashland and
Medford will continue to pay their own employees and shall keep accurate records of
hours worked pursuant to this Agreement. Ashland and Medford are subject employers
under ORS Chapter 656, and shall procure and maintain current valid workers
compensation insurance coverage for all subject workers throughout the period of this
Agreement. The Agreement does not change the status of any employee, contractor or
officer of Ashland or Medford.
5. LIMITATIONS OF LIABILITY
All parties agree that each party shall not be subject to claim, action, or liability arising in
any manner whatsoever out of any act or omission, interruption, or cessation of services
by the other party under this agreement. Each party shall not be liable or responsible for
any direct, indirect special or consequential damages sustained by the other party to
this agreement, including, but not limited to, delay, or interruption of business activities
that may result in any manner whatsoever from any act or omission, interruption, or
cessation of services.
6. INDEMNIFICATION
Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et
seq., and Article XI, Section 10 of the Oregon Constitution, each Party to this agreement
shall be solely responsible for its own actions and/or failure to act and shall indemnify
and hold the other party harmless from any liability, cost or damage arising there from.
Provided, however, that neither party shall be required to indemnify the others for any
claim, loss or liability arising solely out of the wrongful act of the other's officers,
employees or agents. The provisions of this paragraph shall survive the expiration or
sooner termination of this agreement.
7. TERM OF AGREEMENT
The term of this Agreement shall become effective upon the date which this Agreement
is fully executed by all Parties and shall continue in full force until September 30, 2013
or until earlier terminated as provided herein.
8. TERMINATION
a. Mutual Consent. This contract may be terminated at any time by mutual consent
of both parties.
b. Parties' Convenience. This contract may be terminated at any time by either
Party upon 30 days notice in writing and delivered by certified mail or in person.
c. For Cause. Either party may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Ashland or Medford, or at such later
date as may be established by the Ashland or Medford, under any of the
following conditions:
1) If any license or certificate required by law or regulation to be held by Ashland
or Medford to provide the services required by this contract is for any reason
denied, revoked, suspended, or not renewed.
d. For Default or Breach.
1) Either Ashland or Medford may terminate this contract in the event of a breach of
the contract by the other. Prior to such termination the party seeking termination
shall give to the other party written notice of the breach and intent to terminate. If
the party committing the breach has not entirely cured the breach within 15 days
of the date of the notice, or within such other period as the party giving the notice
may authorize or require, then the contract may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
2) Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term shall be waived or
deleted except in writing signed in advance by the parties.
3) In the event of a dispute relating to this Agreement, the parties shall first attempt
to resolve the dispute through mediation. The parties will share the administrative
costs of the mediation and the mediator's fees equally. Mediation fees shall be
limited to those customarily charged in Jackson County, Oregon by state court
appointed mediators. The parties will attempt to jointly select a mediator within
ten (10) days of a party giving notice to the other party of its desire to undertake
mediation. In the event the parties cannot agree to a mediator within such ten
(10) day period, then within five (5) days thereafter, each shall select a mediator,
and the two selected mediators will designate a third mediator who will then
mediate the dispute. The first two mediators may charge the responsible party
who initiated this action for its services to select the third mediator. In the event
mediation fails to resolve the dispute, a party may commence legal proceedings,
and in such case each party shall be responsible for its own costs and attorneys'
fees incurred in connection which such proceedings.
9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING
PAYMENTS. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills, and payments sent by mail
should be addressed as follows:
City of Ashland City of Medford
Community Development Dept. Building Safety Division
51 Winburn Way 200 S Ivy, Room 277
Ashland, Oregon 97520 Medford, Oregon 97501
Attn: Carolyn Schwendener Attn: Christy Taylor
Phone: 541-488-5305 Phone: 541- 774-2350
10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT
a. This Agreement shall not become effective until all parties hereto have executed this
Agreement.
b. This Agreement shall be construed and enforced in accordance with the laws of the
State of Oregon.
c. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND
/OR IMPLIED STATEMENTS, NEGOTIATIONS AND /OR AGREEMENTS
BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE
AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN
AGREEMENT SIGNED BY ALL PARTIES HERETO.
IN WITNESS WHEREOF, the parties hereby enter into this agreement.
Each party, by signature below of its authorized representative, hereby acknowledges
that it has read this Agreement, understands it, and agrees to be bound by its terms and
conditions. Each person signing this Agreement represents and warrants having
authority to execute this Agreement.
City of Medford CITY OF ASHLAND OREGON
Bill Hoak Date John Stromberg Date
Interim City Manager Mayor
Approve As to Legal Sufficiency: Approve As to Legal Sufficiency:
Medford City Attorney Ashland City Attorney
STATEMENT OF WORK EXHIBIT A
Through this Agreement the City of Ashland agrees to perform site built electrical,
plumbing, and structural /mechanical and manufactured home set up inspections on
behalf of the City of Medford and the City of Medford agrees to perform site built
electrical, plumbing and structural /mechanical and manufactured home set up
inspections on behalf of the City of Ashland.
A. The City of Ashland shall:
When performing site built inspections for the City of Medford:
1. Comply with all requirements and regulations of the ORS's and OAR'S pertaining to
the electrical, plumbing, and structural /mechanical programs and manufactured
home programs.
2. Provide State of Oregon certified/licensed inspectors.
3. Perform electrical, plumbing, structural /mechanical and manufactured home
inspections as requested by the County within two (2) business days.
4. Complete Inspection Report Form at the time of inspection (form provided by
Medford). Return Inspection Report Form with correction notes to Medford at end of
inspection day.
5. Provide identification upon entering a job site and the reason for the site visit.
6. Comply with the inspection notification requirements of applicable ORS's and
OAR's.
7. Provide plan review(s) as requested by Medford.
8. Provide to Medford a monthly request for payment to be submitted with a detailed
spreadsheet listing date and location of inspection, type of inspection and inspection
time spent.
When requesting site built inspections to be done by Medford:
1. Provide all necessary forms
2. Give a minimum of one day notice prior to an inspection.
3. Provide site location, type of inspection needed, and permit number and information.
B. The City of Medford shall:
When performing site built inspections for City of Ashland:
1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to
the electrical, plumbing, and structural /mechanical programs and manufactured
home programs.
2. Provide State of Oregon certified/licensed inspectors.
3. Perform- electrical, plumbing, structural /mechanical and manufactured home
inspections as requested by the City within two (2) business days.
4. Complete Inspection Report Form at the time of inspection (form provided by
Ashland). Return Inspection Report Form with correction notes to Ashland at end of
inspection day.
5. Provide identification upon entering a job site and the reason for the site visit.
6. Comply with the inspection notification requirements of applicable ORS's and OAR'S.
7. Provide plan review(s) as requested by Ashland
8. Provide to Ashland a monthly request for payment to be submitted with a detailed
spreadsheet listing date and location of inspection, type of inspection and inspection
time spent. .
When requesting site built inspections to be done by Ashland:
1. Provide all necessary forms.
2. Give a minimum of one day notice prior to an inspection.
3. Provide site location, type of inspection needed, and permit number and information.
CITY OF
ASHLAND
Council Communication
Public Hearing to Adopt a Resolution Correcting, Amending and Deleting Sections
of Miscellaneous Fees & Charges Document Previously Approved by Resolution
2011-26
Meeting Date: October 4, 2011 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl @ash]and.or.us
Secondary Dept.: All Departments Secondary Contact: None
Approval: Martha Benne Estimated Time: 10 Minutes
Question:
Will the Council approve a resolution titled, "A Resolution Correcting, Amending and Deleting
Sections of the Miscellaneous Fees and Charges Document Previously Approved by Resolution 2011-
26"?
Staff Recommendation:
Staff recommends Council adopt the attached resolution correcting, amending, establishing or
repealing the following miscellaneous fees and charges:
1) Consumer Price Index (CP1) correction increasing certain Public Works/Engineering
fees.
The CPI used in Resolution 2011-26 for Public Works/Engineering was 1.2%. The actual
CPI for those fees should have been 2.7%. This CPI is used to calculate certain
Engineering. GIS & Cemetery fees and charges.
2) Inclusion of method of calculation of valuation for Building Permit fees
The International Code Council Building Valuation Data has been added to the appendix of
the Miscellaneous Fees and Charges document. This data provides the methodology and
technical data to uniformly estimate the value of work proposed in a building pen-nit
application. The resulting valuation estimate is used to calculate a variety of building
permit related fees.
3) Addition of FireMed Plus medical air transport membership fee
FireMed Plus is an enhanced service offer that adds certain medical air transport services to
the existing FireMed membership program. The enhanced FireMed Plus annual fee is
proposed to be $95/year. The existing FireMed membership is $55/year.
4) Deletion of telecommunication coaxial conduit charges for new home construction
To remain consistent and competitive within the telecommunications service market,
Ashland Fiber Network proposes the deletion of charges of conduit material that was
recently adopted as no other telecommunications service provider in the region charges for
conduit material for new construction.
Staff requests that any newly established fees will not be implemented for 30 days following approval
of the resolution.
Page ] of2
Ir,
CITY OF
ASHLAND
Background:
The City of Ashland has had many resolutions and ordinances that set specific rates and fees for the
multitude of services rendered to the public. Most fees and charges relate to the utility services and are
administered by separate resolutions however there are a host of small or general services provided
that routinely had a"service" fee associated with them. Their many sources and timing differences for
review and renewal have caused confusion over the last few years. A staff goal has been to create an
annual process that deals with most, if not all, miscellaneous fees and charges, and a booklet that is
comprehensive yet easy to use.
A booklet was approved.by Council in July of 2011 with the understanding that Staff would continue
to incorporate any existing and new fees and charges into the booklet as Departments brought them
forward with the continued goal of developing a comprehensive booklet of all fees and charges utilized
by all Departments within the City of Ashland.
As with the adoption in July of 2011, please note that:
1. This is intended to become an annual process.
2. Items not approved may come back to Council separately or in this process next year.
3. Not all fees and charges are changing.
4. Not all previous fee resolutions are being repealed
5. City and Park fees are included.
6. Utility rates and system development charges are examples of charges that are not incorporated
within this process and resolution at this time.
Related City Policies:
Outside of the established financial goal for maintaining a financially viable city, no formal policies
can be specifically identified relating to miscellaneous charges and fees.
Council Options:
1) Approve the attached resolution and document as presented.
2) Revise, add to or remove the listed elements within the resolution before approving the
resolution.
Potential Motions:
Move to approve proposed resolution correcting, amending and repealing sections of the miscellaneous
fees and charges document previously approved by resolution 2011-26.
Attachments:
Resolution
Departmental Fee Explanation memos
Rate & Fee Booklet (only pages with proposed additions/edits)
Page 2 of 2
Ir,
RESOLUTION NO. 2011-
A RESOLUTION CORRECTING, AMENDING AND DELETING
CERTAIN SECTIONS OF THE MISCELLANEOUS FEES AND CHARGES
DOCUMENT PREVIOUSLYAPPROVED BY RESOLUTION 2011-26
Recitals:
A. The City currently has many ordinances that establish fees for different departments
and activities.
B. The City desires to provide all of its miscellaneous fees and charges in one document
so that citizens can easily determine the costs of city services.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The following corrections, additions, deletions and new fees described in the
Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by
this reference, is hereby approved and establishes the fees and charges for City services. New
fees, those not charged before, are not affective until 30 days following date of approval.
A. Corrected Consumer Price Index (CPI) adjusted increases to certain Public
Works/Engineering fees
B. Addition of Methodology and technical data for calculation of valuation for Building
Permit related fees
C. New fee for FireMed Plus membership of$95/year in Fire Department service fees
D. Deletion of"Blue flex coaxial conduit for direct bury—new home construction"
charge in Information Technology service fees
SECTION 2. All other fees and charges not identified in Section I shall remain active and in
effect.
SECTION 3. This resolution was duly PASSED and ADOPTED this day of
, 2011, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of October, 2011.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Memo
DATE: September 27, 2011
TO: Lee Tuneberg
CC: Michael Grubbs
FROM: Adam Hanks
RE: Building Safety Division Valuation Methodology
The Building Safety Division is requesting the inclusion of the International Code Council (ICC)
Building Valuation Data in the City's Miscellaneous Fees and Charges Booklet to be approved and
adopted by Council as required by Oregon Administrative Rule (OAR) 918-050-0100.
The OAR requires that the ICC Building Valuation Data be formally adopted each year as part of the
Statewide "Uniform Fee Methodology" program initiated on January 1, 2009. The last adoption of the
ICC Building Valuation Data was in December of 2008 (resolution 2008-44).
It was originally anticipated that the ICC Building Valuation Data would be automatically updated as
part of the previous resolution, but it has been determined by a review of both the OAR and the wording
of the resolution that the ICC Building Valuation Data requires a formal approval by Council each time
it is updated.
The ICC Building Valuation Data provides the City and building permit applicants with a formal
methodology and corresponding data to calculate the estimated valuation of the construction work
contained within the building permit application. This valuation figure is used to calculate a variety of
building permit fees, most notably the structural plan review and permit fees and the Community
Development and Engineering Development fees.
City of Ashland
ADMINISTRATION DEPT Tel:541-552-2046 =,
20 East Main St Fax 541488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
Adam @ashland.or.us
CITY OF
ASHLAND
Memo
DATE: September 27, 2011
TO: Lee Tuneberg
FROM: John Kams
RE: Amendment to Fee Schedule
Ashland Fire & Rescue has been offering FireMed ground ambulance memberships for a number of
years. This program offers a benefit to those who may have an exposure to ambulance transportation
fees that wouldn't be covered by their insurance. Currently Ashland Fire & Rescue receives
approximately 1400 membership applications.
Ashland Fire & Rescue has desired to be able to offer a FireMed membership that along with ground
ambulance coverage, would also offer air ambulance benefits for some situations. We negotiated an
offering through Mercy Flights that will allow our FireMed customers to purchase FireMed Plus. This
combines the benefits of the ground and air ambulance program. This membership will cost the
applicant $95 annually.
Ashland Fire & Rescue would like this added to the City's fee schedule complementing our standard
$55 FireMed membership.
t
CITY OF
ASHLAND
Memo
DATE: September 27, 2011
TO: Lee Tuneberg
FROM: Michael Ainsworth
Information Technology/Ashland Fiber Network
RE: Miscellaneous Fees and Charges revision requested
The telecommunication services marketplace is highly competitive in Ashland.
AFN is at a competitive disadvantage in responding to contractors requesting telecommunications
conduit during the construction of new homes and/or developments in Ashland.
AFN recently initiated a charge of"Blue flex coaxial conduit for direct bury— new home construction"
of first 50 feet @ no charge and a fee of.50 cents per foot thereafter. This fee is listed on page 24 of the
Miscellaneous Fees and Charges booklet recently approved by Council.
The other telecommunications providers in the area do not charge any fees for conduit.
AFN staff is concerned that some contractors, in a cost savings effort, will choose not to install AFN .
facilities (conduit). If this occurs, AFN won't be able to offer its services to these-homes.
AFN staff requests the deletion of the "Blue flex coaxial conduit for direct bury installation — new home
construction" charge as listed on page 24 of the Miscellaneous Fees and Charges booklet.
HISTORIC COMMISSION Tel:541488-5305
51 Wmbum Way Fax:541-552-2050 �`,
Ashland,Oregon 97520 TTY: 800-735-2900
�.ashland.or.us
Section 9-Public Works
Public Works Miscellaneous Fees and Charges
Copy Fees:
Black and White Copies Letter/Legal Single-Sided $ .20 each
Black and White Copies Letter/Legal Double-Sided $ .40 each
Black and White Copies Tabloid Single-Sided $ .40 each
Black and White Copies Tabloid Double-Sided $ .80 each
Color Copies Letter/Legal Single-Sided $1.50 each
Color Copies Tabloid Single-Sided $3.00 each
Existing maps printed in color on HP1055CM plotter (241b bond Paper)
Arch C 18 x 24 3.00 sq. ft. $18.00
Arch D 24 x 36 6.00 sq. ft. $36.00
Arch E 36 x 48 12.00 sq. ft. $72.00
Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier
(201b bond paper)
Arch C 18 x 24 $ 8.00
Arch D 24 x 36 $12.00
Arch E 36 x 48 $16.00
Note:Maps printed on materials other than the specified bond are double the standard print fee
Plat & Plan Checks:
Subdivision Plats $705.00 plus $106.00 per lot
Condominium Plats $705.00 plus $106.00 per lot
Partition Plats
(does not include 24%Fire Depanmeni Review Fee) $377.00
Subdivision Improvement Plat Check 5% Engineer Fee(5%of
the public improvement cost)
Engineering Development Fee
(this fee is charged concurrently with Building Permit
Fees at the time of building permit applications. Applies
To all new residential dwelling units and all commercial 0.75% of valuation
Construction permits. Residential remodels,additions and accessory
Buildings are not assessed this fee.)
page 26 miscellaneous fees and charges
Section 9-Public Works
Public Works/Engineering Inspections, Permits, etc.:
Subdivision Construction Inspection/
Public Works Improvement 5% Engineer Fee(5%of
Inspection the public improvement cost)
Street or Alley Excavation Permit $190.00 plus per foot cost
based on age of pavement
Encroachment Permit $190.00
Miscellaneous Construction Permit $ 62.00
(Construction of curb,sidewalk,driveway
Apron,etc.)
Dust Suppression Permit $ 62.00
Driveway Painting Permit $ 15.00
(includes a can of paint)
Right-of Way Closure-Street $190.00
Right-of Way Closure-Sidewalk(>72 hrs) $ 62.00
Right-of Way Closure-Sidewalk(<72 hrs) $ 15.00
Right-of Way Closure-Parking Space(>72 hrs) $ 61.00
Right-of Way Closure-Parking Space(<72 hrs) $ 15.00
Special Event Permits
Large Event-4 hours or more with entry fee $1,000.00
Large Event-4 hours or more, no entry fee $, 850.00
Small Event-Less than 4 hours with entry fee $ 700.00
Small Event-Less than 4 hours, no entry fee $ 350.00
Basic Event(no city staff required) $ 130.00
City Sponsored Event $ 0
Block Party $ 15.00
Sidewalk Dining—Annual Renewal
(Minimum 50 sq. ft) $4.00 per sq. ft.
Functional Item—Annual Renewal $ 62.00
miscellaneous fees and charges page 27
Section 9-Public Works
Public Works/Engineering Inspections, Permits, etc. (cont):
Loaned Functional Item, Pennant Application Fee $128.00
Publication Box Per Publication—Annual Renewal $ 26.00
i
Special Vehicle Permit—Initial Fee $262.00
Special Vehicle Permit—Annual Renewal $105.00
Penalty for No Permit 150%of permit cost
Street or Alley Vacation $635.00
GIS Data & Mapping Services:
GIS Hourly Rate $78.00
Information on Disk $38.00 per utility per
Quarter-quarter section
Planning Pre-Application Maps $21.00
Plotting Fee $6.00 per square foot
New Address Assignment $36.00 per address
number
Street Name Approval Fee $105.00 per street
page 28 miscellaneous fees and charges
Section 9-Public Works
Sanitary Sewer Connection Fees
Sanitary sewer mainline video inspection
(cost based on time and materials) $302.00 minimum
Water Connection Fees
3/4 inch service connection from main
line including meter $1,669.00
If owner/builder/contractor provides
trench and backfill $386.00
1 inch service connection from main line
Including meter $1,909.00
If owner/builder/contractor provides
trench and backfill $ 520.00
1 1/2 inch service connection from main
line including meter $2,624.00
If owner/builder/contractor provides
trench and backfill $1,099.00
2 inch service connection from main line
including meter $2,871.00
If owner/builder/contractor provides
trench and backfill $1,433.00
3 inch service connection from main line
including meter Actual Cost
First Utility Locate at an address No Charge
Additional Locates at same address $66.00
Water meter re-read
Once in 12 months No Charge
Each additional re-read in 12 months $29.00
Water Meter Field Test $47.00
Water Meter Bench Test
3/4" or 1"Water Meter $102.00
1 1/2"or 2" Water Meter $191.00
Larger Meters Actual Cost
miscellaneous fees and charges page 29
Section 9-Public Works
Water Connection Fees Continued
Water pressure check once in 12 month No Charge
Each additional pressure check in 12 months $37.00
Water Chlorination Test-Subdivision retest
upon failure (cost based on time and materials) $606.00
Water Pressure Test -Subdivision retest up
failure (cost based on time and materials) $363.00
Water Main Line Tap -up to 6 inch waterline
(cost based on time and materials) $1,810.00/tap
Water Main Line Tap -above 6 inch waterline $2,416.00
(cost based on time and materials) minimum+actual cost/tap
Cemetery Fees
Sales of grave spaces or burial plots
(fees split,40%to the cemetery fund & 60%to the cemetery trust fund)
Grave Space -Lawn and Monument Sections $488.00
Grave Space -Baby Land $154.00
Grave Space-Niches (bronze) $411.00
Grave Space-Urn garden $154.00
Grave space -Crypt $1,130.00
Sales of liners and markers
(fees split, 40%to the cemetery fund& 60%to the cemetery trust fund)
Concrete cemetery box, including setting $411.00
Concrete liners Cost plus 10%
Final inscriptions $125.00 minimum charge
Grave markers Wholesale cost times 2.5,
not to exceed $700.00
Grave marker setting, concrete base $154.00
Monticello burial vault(sealed concrete) $1,113.00
page 30 miscellaneous fees and charges
Section 9-Public Works
Sexton Fees
Opening and closing graves, ground $411.00
Opening and closing graves, double-deep $462.00
Opening and closing graves, infant $154.00
Opening and closing crypts $411.00
Opening closed crypts $411.00
Opening and closing niches $103.00
Inter cremains in grave spaces $154.00
Scattering of cremains $103.00
Disinterment $1,027.00
(paid in advance)
Saturday, Sunday or Holiday burial $411.00
Miscellaneous Fees
Grave Setup Rental $101.00/occurrence
Tent Rental $51.00/day
Perpetual care lots, sold before 1927 $103.00
Vases
Galvanized $40.00
*cemetery fees will be subject to a 1.5%finance charge per month if not paid within 60 days of use. All above services will
be sold pre-need in installments,interest free,with a minimum payment of one-twelfth of the total sale.
2011 CPI and ENR Calculations
Methodology: March 2011 CPI-U Rate - March 2010 CPI-U Rate/March 2010 CPI-U Rate = % Rate of
Adjustment (223.467-217.631)/217.631 =2.7%
Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate=% Rate of Adjustment
(9011-8573)/8573 = 5.1%
CPI used for:
Plat & Plan Checks
Public Works/engineering Inspections, Permits, etc.
GIS Data&Mapping Services
Cemetery Fees
ENR used for:
Sanitary Sewer Connection Fees
Water Connection Fees
miscellaneous fees and charges page 31
Section 3-Community Development
Building Division Permit Fees for Commercial and Residential
Structural Permit Fees:
Total Value of Work Performed:
$1.00 to $500.00 $10.00
$501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each
additional $100.00 or fraction thereof, to and
including $2,000.00
$2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each
additional $1000.00 or fraction thereof, to and
including $25,000.00
$25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each
additional $1,000.00 or fraction thereof, to and
including$50,000.00
$50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus$3.00 for each
additional $1,000.00 or fraction thereof, to and
including $100,000.00
$100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for
each additional $1,000.00 or fraction thereof
Plan Review Fee for Commercial and Residential:
Plan Review Fee A plan review fee equal to 65% of the structural
permit fee shall be due at application
Additional Plan Review Fee $65.00 per hour
Deferred Submittal Fee 65% of structural permit fee of deferred submittal
valuation with a $50.00 minimum fee
Miscellaneous Fees for Commercial:
Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (structural permit
Fire Alarm fee)
Commercial Fire Sprinkler/Fire Suppression/ 65% of structural permit fee
Fire Alarm Plan Review
Note: See appendix for methodology for calculation of valuation for all permit fees utilizing valuation/
value of work
miscellaneous fees and charges page 13
Miscellaneous Fees and Charges
Community Development Department —Building Safety Division
Methodology for calculation of permit valuation
uc INTERNATIONAL
EM CODE COUNCIL
Building Valuation Data -August 2011
The International Code Council Is pleased to pmvide the does not take into account any regional cost differences. As
following Building Valuation Data (BVD)for its members. The such, the use of Regional Cost Modifiers is subject to the
BVD will be updated at six-month intervals. with the next authority having jurisdiction.
update In February 2012. [CC strongly recommends that all
jurisdictions and other interested parties actively evaluate and Permit Fee Multiplier
assess the impact of this BVD table before utilizing it in their Determine the Permit Fee Multiplier
current code enfomement related activities. 1. Based on historical records, determine the total annual
The BVD table provides the 'average' construction costs per construction value which has occurred within the
square foot.which can be used in determining permit fees for jurisdiction for the past year.
a jurisdiction. Permit fee schedules are addressed in Section
109 2 of the 2004 halional Building Code (IBC)whereas 2. Determine the percentage (%1 of the building
ttem
Section 109.3 addresses building permit valuations. The department budget expected to be provided by building
permit fees can be established by using the BV0 table and a permit revenue.
Permit Fee Multiplier, which is based on the total construction Bldg.Dept Budget x(%)
value within the jurisdiction for the past year.The Square Foot Permit Fee Multiplier=
Construction Cost table presents factors that reflect relative Tctal Annual Ccnstiuurocn Value
value of one construction classificationloccupancy group to Example
another so that more expensive construction is assessed
greater permit fees than less expensive construction. The building department operates on a$300,000 budget,and
it expects to cover 75 percent of that from building permit fees.
ICC has developed this data to aid jurisdictions in determining The total annual construction value which occurred within the
permit fees. H is important to note that while this BVD table jurisdiction in the previous year is$30.000.000.
does determine an estimated value of a building (i.e.. Gross 5300,000 x 75%
Area x Square Foot Construction Cost). this data is only Perm it Fee Multiplier= -0.0075
intended to assist jurisdictions in determining their permit fees. $3,000,000
This data table is not intended to be used as an estimating
guide because the data only reflects average costs and is not Permit Fee
representative of specific construction. The permit fee is determined using the building gross area.the
This degree of precision is sufficient for the intended purpose. Square Foot Construction Cost and the Permit Fee Multiplier.
which is to help establish permit fees so as to fund code Permit Fee=Gross Area x Square Foot Ccnsvucticn Cost
compliance activities. This BVD table provides jurisdictions x Permit Fee Multiplier
with a simplified way to determine the estimated value of a Example
building that does not rely on the permit applicant to determine
the cost of construction.Therefore, the bidding process for a Type of Construction:IIB
particular job and other associated factors do not affect the Area: 1st story=6,000 sq.ft
value of a building for determining the permit fee. Whether a 2nd story-8,000 sq.ft
specific project is bid at a cost above or below the computed Height:2 stories
value of construction does not affect the Permit fee because PermA Fee Multiplier-0.0075
the cost of related code enforcement activities is not directly Use Group: B
affected by the bid process and results. .
1. Gross area
Building Valuation Business=2 stories x 8,000 sq.ft.=16,000 sq.H.
The following building valuation data represents average 2. Square Foot Construction Cost:
valuations for most buildings. In conjunction with IBC Section BdIB=$147.38rsq.R
109.3, this data is offered as an aid for the building official to
Fee-
determine if the permit valuation is underestimated. Again it 3. Permit Fee:
should be noted that when using this data. these are Business= 16.000 sq.fL x$147.391sq.H x 0.007=.
"average' costs based on typical construction methods for =$17.666
each occupancy group and type of construction. The average
costs include foundation work. structural and nonstructural
building components, electrical, plumbing, mechanical and
interior finish material. The data is a national average and
page 42
s
Table of Contents
Important Points . For Purposes of establishing the Permit Fee Multipfier,the
• The 6VD is not intended to apply to alterations or repairs estimated total annual construction value for a given time
to existing buildings' Because the scope of aherations or period(1 year)is the sum of each building's value(Gross
repairs to an existing building varies so greatly.the Square Area x Square Foot Construction Cost)for that time period
Foot Construction Costs table does not reflect accurate (e.g..1 year).
values for that purpose. However, the Square Foot The Square Foot Construction Cost does not include the
Construction Costs table can be used to deterrrdne the price of the land on which the building is built The Square
cost of an addition that is basically a stand-alone building
which happens to be attached to an existing building. In Foot Construction Cost takes into account everything from
w
the case of such additions, the only alterations to the foundation work to the roof strucUre and coverings but
existing building would involve the attachment of the does not include the price of the land.The cost of the land
addition to the existing building and the openings between does not affect the cost of related code enforcement
the addition and the existing building, activities and is not included in the Square Fool
Construction Cost
Square Foot Construction Costs'No.,4
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kt A4JSRm ,dIHIER,4M ftaye 21326 276.[2 20052 191.95 13093 175.0 105.14 IE4 ED 15711
A-1 AS Mly,trisamrs,will stage 19599 157.ES 16'2.5! 1737E 1-1.91 1!6.91 15!.97 14-48 139.49
M2 nssenmly,ruiploUCs 1647E IfO.16 155.6! 14942 14D29 175.53 143.a9 12717 12212
A-2Assenmy,RWLranlE,cart,cangret hale 1537E 1!9.[6 153.6! 1[742 13829 135.5} 142.69 125.27 12152
Ad AsseMly,churches 19706 1!9,62 164.52 17575 1-3.54 15a.84 165-94 [617t 141.42
A-3 Afsernby,general,Wna11m6y hills.11Cnriaf.muceu'ns 16!..15 1-`621 151.91 04.14 13122 12?.22 137.33 1[910
Arc Mser-Dy,a•etlas 19499 1!8-5 103.5! 1727E 1!0,91 155.91 16!.97 133A9
B susness 16!.55 1-0.31 154.97 147.36 13371 126.6E 1412E 112.00
E Edkl a.al .171.39 170.31 165.24 157,71 14690 139.0! 152.20 12347
F-1 Factory'art lydr.4Vlal,mWe2k 11373rd 93.63 3420 M." 85.21 76.1E 72.16 61.5! 59.(5
F-2 I'MM MA IrdLelna.ON ha2am 97.83 9320 W53 54.25 781E 71.16 87.5.° -8.05
rt-1 High Ha73ndexpWl4ef 9263 86.00 -3.32 73.05 71.17 E6.4 75.3! N.P.
H234 High MMM 92.63 7 @.00 -3.32 79.05 71.17 (6.4 75.3! 5393
H-5.4PY IEE.35 100.31 154.97 147.3E 133.73 128.8E 1 41.26 11716 112.DO
N 1nslmbonw,sLpervlsed emMaren: 16-45 IE011 157.13 143.31 137.16 133.55 14-57 123.06 118.71
1-21ns1N.Conal,to pltas 279.74 273.70 26131! 26077 24624 N.F. 254.6E 23007 N.F-
1.21ns16L09natrUrlrph9met 194.66 15612 163.4! 175.89 1E2.!2 N.P. 169.77 14E.35 N.P.
W InnOLtlonal restf9Ved lag63 153.49 17a.15 Valle 15815 IE2.20 1W.45 141.98 13:.42
K Irss tonaL day care Willies 16145 1ED11 153.13 143.3E 13716 131.55 W,57 12398 118.71
A161HCa Auk 122.74 118.1e 112.61 107.3E 97.91 15.15 lot.* 541E 11.13
R-1 ResdHlOa.".Is 16746 IE2.02 157.54 150.77 138.75 115.13 14715 124E5 12018
R-2Re$4"a,murpk famly 14056 1!493 137.44 123.67 11232 1[3.70 12]72 9-22 93.95
R-3 Rest7Hlllal,are-ant Mottamly 13246 12817 12!.59 12247 11719 111.y7 11!.59 125,16 102.91
R-4 Restler1631.WrelMWed Lang fac11ae4 16645 IE0.E1 156.17 149.36 137,16 13}.55 14!.57 123.06 11871
5-15:9rage.mWerate hazard 91.63 67.00 E1.32 76.05 65'-17 16.4 74.}! 55.7E !2.13
S2SCmge.10*1a:u 97.63 1690 E1.32 77.0'. 69.17 68-4 733! 55.7E !1.13
U UE16y,macel1ans., 6?.6'- 35-5.9 E1.E7 57.14 521E 48.79 13.3! 47.01 38.E5
a. Pn'rate wraps use V..Ily,misavlaneaus
b. Unnnlit'ed naselrerns fall ff egnup)-$t EOC•per W.a
C. Farthel only D0lblrgs L-O.Mg7pemmi
d. NP.-ralpNtnned
miscellaneous fees B charges page 43
Section 5-Fire
Fire Miscellaneous Fees and Charges
Copy Fees:
Black and White Copy Letter/Legal Single Sided $ .20 each
Black and White Copies Letter/Legal Double Sided $ .40 each
Black and White Copies Tabloid Single Sided $ .40 each
Black and White Copies Tabloid Double-Sided $ .80 each
Color Copy Letter/Legal Single Sided $1.50 each
Color Copy Tabloid $3.00 each
Report Fees:
Non patient
Pre-hospital Care Reports $12.00 for 10 pages or less
$15.00 over 10 pages
Fire Incident Reports $12.00 for 10 pages or less
$15.00 over 10 pages
Photographs $12.00 per case request
CD/DVD $19.00 per case request
Mailing Cost Actual Cost
Research Fee Refer to Section 12
on page 37
Fire Fees:
Cost Recovery Equipment *Per Current Oregon State Fire
Marshal Standardized Cost
Schedule
Personnel *$50.00 per person per hour—2
Hour minimum per person
Hazardous Materials Cleanup Actual Cost
Emergency Medical Services:
FireMed Annual Household Fee-Annual Renewal $55.00 per year
FireMed Plus Annual Household Fee-Annual Renewal $95.00 per year
Emergency Medical Service Fee—Aid Call $250.00 per patient
Ambulance Base Rate $899.78 per patient
Ambulance Mileage Rate $14.00 per mile
Ambulance Waiting Time $25.00 per 1/2 hour
Ambulance Stand By (2 hour minimum) $100.00 per hour
On scene Coordinator $50.00 per hour
Extra attendant $45.00 each
Ambulance Service Area 1112010 rate schedule
Base rates will be adjusted each year by the most current posted "Consumer Price Index" (CPI).
Other rates and mileage charges will be adjusted only by approval of the County Commissioners.
page 20 miscellaneous tees and charges
Section 6-Information Technology
QoS ("Quality of Service") $ 3.50/month
Primarily requested through Retail Partners for VOIP (phone) enhancement
Available'on AFN Choice or higher service
Modem DOCSIS 1.1 compliant or greater
Business Augmented Upload Package (additional 5 Mbps) $15.00/Month
Available exclusively on AFN Direct with the following requirements:
Current City of Ashland Business License
Business Augmented Upload Package available only with:
Small Office/Home Office (SOHO)
Small Business
Additional fee added to bare AFN Direcl retail rates on specific packages.
Maximum SOHO upload speed with augmented upload service at up to 9 Mbps
Small Office/Home Office Business Augmented Upload Package 0o$80/month
Maximum Small Business upload speed with augmented upload service at up to 10 Mbps
Small Business Augmented Upload Package @ $100.00/month
F,iFst 50 feet @ne charge; lhereafEef @g°_f49et $ .SAJfee�
Non-return of customer premise equipment ("CPE") devices $300.00
CPE's must be returned on disconnect date of AFN Anywhere and/or AFNMax services.
' Resolution 2010-28(Section 2,page 38)grants Information Technology management ability to set promotional rates.
miscellaneous fees and charges page 23
CITY OF
ASHLAND
Council Communication
Mount Ashland Association Lease and Ski Area Special Use Permit
Meeting Date: October 4, 2011 •Primary Staff Contact: Martha Bennett
Department: Administration E-Mail: bennettm @ashland.or.us
Secondary Dept.: None �-^^ Secondary Contact: None
Approval: Martha Bennel�� Estimated Time: 30 Minutes
Question:
Does the City Council wish to affirm and finalize an agreement, as revised by City Council action on
August 30, 2011, with the Mount Ashland Association (MAA) that would dissolve the existing lease
agreement, replace the lease with new terms, convey the property currently owned by the City to
MAA, and require the City to relinquish the Special Use Permit for the Ski Area so that MAA can
directly obtain the SUP?
Staff Recommendation:
Staff recommends that Council revise the agreement to restore the City Council liaison position as a
non-voting member. Otherwise, staff believes that the attached agreement is consistent with Council
action on August 30, 2011 and is ready for final action.
Special Note:
The Public Hearing on this item has been closed. Council should take no further public testimony on
this item. Council can consider specific revisions to the agreement if desired only on terms that are
included in the draft agreement. Council can also opt not to make any further revisions and act on this
final agreement. The MAA has not provided any indication, as of this agenda deadline, whether they
will sign this agreement, with or without modifications.
Background:
At your August 30, 2011 Special Meeting, Council approved a draft agreement with the Mount
Ashland Association with several modifications. Those amendments were:
1. Revise the paragraph that allows the City to appoint a non-voting member of the MAA Board.
The Council directed two revisions. First, MAA would not have the right to "approve" the
City's appointee. Second, the member was changed from non-voting to voting. Staff requests
Council revisit the issue of whether the member should vote or not. The reasons for this
request are discussed below.
2. Add the "Quality Control" concept as well as the "Quality Assurance" concept that was in the
draft considered by Council. Paragraph 4.b. has been revised to allow the City to appoint a
person to be on-site during any construction activities. Additionally, the paragraph states that
MAA and the City agree to confer with the Forest Service and any other regulatory agencies
(such as DEQ and the Army Corps of Engineers, for example) if any issues are identified by the
City's inspector.
3. Change the "Restoration Amount" from the amount required by the new SUP that the Forest
Service would issue to MAA to a base of$700,000. This is paragraph 4.d.
Page I of 3I of 3
CITY OF
ASHLAND
4. Add a paragraph to ensure that MAA does not log until it has raised sufficient funds to move
ahead with all of Phase I. In revising the agreement, staff used the description of Phase 1 that
MAA has included on their website.
Process
After your August 30, 2011 meeting, staff modified the draft agreement as outlined above. Staff sent a
copy of the revised agreement to Mount Ashland Association on September 8, notifying them that the
Council would be considering the final agreement on October 4, 2011. Staff requested that they
provide a response to the City in writing prior to that meeting. MAA Board met on September 26,
2011. As of the agenda deadline, we have not received a written response to the draft agreement. Staff
expects that MAA may send a response out prior to your meeting, but after the agenda has gone out.
Council can consider revisions to the agreement that are within its general scope (e.g., not a completely
new topic)
Voting/Non-Voting Member Issue
Staff requests that the City Council revisit the issue of whether you want the City appointee to the
Mount Ashland Association Board to be a voting member. While staff understands the desire to have
the City's liaison participate in issues related to the Ski Area, there are two main reasons for our
request. First, under Oregon non-profit corporation law, a director of a nonprofit has a "duty of
loyalty" to the non-profit, which requires the director to always work in the best interest of the non-
profit. If there ever were a time where the best interest of the Mount Ashland Association and the City
of Ashland were to directly conflict, this would practically mean, in all likelihood, that the City's
liaison would have to recuse herself/himself from the MAA decision. (It would not be possible, in that
case, for the Councilor to meet both their duties to the City and their duties to MAA).
Second, one of the reasons that the Council has discussed to relinquish the SUP and establish a new
contract with MAA is to establish greater separation from the two entities. If the City's liaison can
vote on MAA's decisions, then we will have failed to create that separation. In staffs view, the liaison
should be about improving communication between the City and MAA not about influencing or
directing MAA's decisions.
If Council concurs with the staff recommendation, the following is language that could replace existing
paragraph 4.a.:
The City shall have the right annually to appoint one person to serve as a non-voting liaison to
the Board of Directors of the MAA. The City's appointee will be provided with all information
provided to directors, except that any such director will not participate in personnel or legal
matters.
What Happens if the Agreement is Not Executed
As Council knows, even if the City approves the agreement, MAA may decide not to sign it. In the
event that MAA decides not to sign the agreement, then the current legal arrangement, with the City
holding the SUP and the City leasing the ski area and SUP to MAA, will stay in effect. The current
lease has a 25 year term with another 25 years that is at the discretion of MAA. So, in effect, the lease
binds the City until 2041.
Page 2 of 3
CITY OF
-ASH LAN D
MAA has informed City staff that if the current lease arrangement stays in effect, then the City will
have at least one duty to perform if the expansion project ever moves into the permitting phase. The
City will have to complete the "Financial Ability Determination" required by the USDA Forest Service
when the Forest Service is ready to issue permits for the expansion. Since the lease agreement grants
MAA the right to expand, the City is required to do this work. We do not have any estimate at this
point of how much time that would take.
Council Options:
• Modify the agreement to revise the City's appointee as a non-voting member
• Approve the agreement as presented.
• Reject the agreement as presented.
• Modify the agreement to address any specific concerns that may be identified by MAA prior to
the Council meeting.
• Postpone action on the proposed agreement.
Potential Motions:
• 1 move that Council find that conveying the Permit Property, as defined in the draft Agreement,
would further the public interest and that Council approve the Agreement, with the change of
making the voting position into a non-voting position.
• 1 move that Council find that conveying the Permit Property, as defined in the draft Agreement,
would further the public interest and that Council approve the Agreement as presented.
• 1 move that Council find that conveying the Permit Property, as defined in the draft Agreement,
would not further the public interest and that Council deny the Agreement as presented.
• 1 move that Council find that conveying the Permit Property would further the public interest
and that Council approve the Agreement with the following modifications
5i rf` rk adG
Attachments:
• Revised Agreement
• Agenda items from August 16 and August 30 City Council meetings (electronic only)
• Minutes from August 30 City Council meeting (electronic only)
• Existing Ski Area Lease (electronic only)
• Current Special Use Permit (electronic only)
Page 3 of 3
!r,
AGREEMENT
WHEREAS,the City of Ashland,as lessor("the City'),and the Mt.Ashland Association.
as lessee("the MAN').on or about July 9, 1992,entered into the Mt.Ashland Ski Area Lease
('the Lease")a copy of which is attached hereto and marked as Exhibit'.1":
WHEREAS,the City desires to surrender to the United States Department of Agriculture
Forest Service Special Use Permit("the Permit")as described in the Lease if a comparable
permit is issued to MAA,and the MAA desires to have the Permit or a comparable permit issued
to it;
WHEREAS,the City is the owner of certain improvements in and on that certain real
property located on Mt.Ashland in Jackson County.Oregon,which'is described in and is subject
to the Permit(`the Permit Property`);
�r
WHEREAS,the City is the owner of certain personal property,fixtures, furnishings.
inventory and items of equipment used in connection with the operation of the Mi.Ashland Ski
Area and/or located on the Permit Property including but not limited those items described in the
Lease and identified in Exhibit"B"to the Lease(the"Equipment"):and
'",,� I! / 1
WHEREAS,the City,has determined that it would improve MAA's ability to provide
winter recreation to the Rogue Vallepscvhich is beneficial to the economy of the region if MAA
became the holder of the Permit aiid tfie owner of the property;and
WHEREAS,the City has further determined that it would reduce the potential legal and
financial liability of the City to convey the Permit and property to MAA;and
WHEREAS,the City has determined that conveying the Permit Property and Equipment
to the MAA would further the public interest and the MAA desires to receive the Permit Property
and the Equipment to use in the operation of the Mt.Ashland Ski Area;
Based on the foregoing and the mutual promises and covenants contained herein,the City
and the MAA shall as soon thereafter as practicable accomplish the following:
I. The City will surrender the Permit to the Forest Service,and the MAA will apply
for issuance of the Permit.The City agrees to assist reasonably the MAA in the process of
issuing the Permit or a comparable permit to the MAA.
2. The City shall convey whatever interest it has,or by rights should have,in and to
the Permit Property and the Equipment to the MAA by execution of a bill of sale for personal
property and a statutory quitclaim deed for real property.
3. Upon issuance of the Permit or a comparable permit to the MAA,the provisions
of the Lease shall have no further force or effect whatsoever,except that MAA will remain
responsible for any amounts the City is required to pay pursuant to the Permit as a result of the
City's surrender of the Permit.
PAGEI-AGREEMENT
4. The parties further agree that:
a) 'the Citv shall have the right annually to appoint one Person to serve as —attee:r t:(demurs)Tmes new adman,
member of the Hoard of Directors of the MAA 'I he person appointed by the City to serve on the r2 rn
MAA Hoard of Directors will have all rights al7ixded to board members under MANS
organizational documents and state IawThe Cil) Shall ha'e tile=°"t°app °'one., to
b) MAA will provide the City with copies'iof all architectural,engineering,
construction and logging plans,including without limitation my1`related environmental impact
studies,relating to any improvements contemplated by MAA within the Permit Property,now or
in the future. MAA will deliver such plans to the City no'less than thirty(30)days prior to the
commencement of any construction,earth movement or;logging{'Within 30 days of receiving _
the plans from the MAA,the City may b-4 is not requir`e`d to conduct a technical review of
MAA's plans with respect to its impact on water goalrtV.including without limitation erosion,
sedimentation,stomtwater revegcit twn.\watei_hed restomlion,wetlands.and spill control.
MAA agrees to confer with the City in good faith on any matters raised in a technical review
relating to water quality.'llikil Hof Ashland mu a pint a
representative to provide daily on
site mo itormy and inspection during anv earth movement logging or construction and MAA
agrees to Provide access to the Cites representative. MAA and the City will confer with the
USDA Forest Service and any aflccted regulatory agencies if issues are identified during
construction as ones that will affect water quality.erosion sedimentation,and spill control.
C) MAA agrees to comply with any obligations imposed with respect to
sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load(TMDL)
document prepared by the Oregon Department of Environmental Quality to meet the
requirements of Section 303(d)of the 1972 Federal Clean Water Act.
d) The u,_ . ..H oemparahle pe. it...:n fequ:_,.MAA agrees to maintain a
"Restoratio pun ..
t,"which shall mean and refer to the maintenance of available funds or
assets by the MAA to cover area restoration in the unlikely event of the ski area closure. that
amount will be set at$700.000 as of October I,2011. MAA agrees to increase the amount it
maintains as the Restoration Amount on July 15 of every year by a percentage equal to the
percentage increase of the US Department of Labor:Consumer Price Index,All Urban
Consumers(CPI-U),U.S.City Average,CPI—All Items("standard reference base period" 1982-
84= 100)in the previous twelve(12)calendar months. MAA further agrees that it shall at all
times maintain the Restoration Amount(as increased pursuant to this paragraph)in
unencumbered funds or assets,i.e.,readily transferable assets subject to no lien. MAA shall
ensure that any security interest in its assets that it has granted or may in the future grant
excludes the funds maintained for the Restoration Amount.
PAGE2-AGREEMENT
e) lire MAA agrees that it will not Proceed with anv logging.earth
movement,o co miction activities related to the portion of the expansion identified as Phase I
(which consists oflhe kt Run Settlement Sale-a C-6 chairlift with new lower intermediate and r,.-- Formatted:Fam:
novices mns a warmin ut at the to of the new lift arkin Formanea:root 11 11
spaces the widening of several existing runs.anc atershed restoration rolects. until fv1AA Formatted:Fme rz Pt
has received a combination of cash contributionsrtnd financial commitments necessary to cover �\ Formatted:F 1:
the entire cost of the Phase I improvements. \ �b� (},Qy VY%A'ti rmaetee:Font(oerautt)Tmes new Roman,
D The MAA agrees not to amend its articles of incorporation,without the Formatted:Fant m :au o
express written consent of the City,in any way that would impair its current provision that,in the Formatted:twmai
event the MAA dissolves,all of its assets which remain after MAA's creditor claims and other
obligations are satisfied shall be distributed to the City.
gf) The MAA agrees that in the event it dissolves.that none of assets shall P
be distributed to a director,officer or other private person or private entity.
lig) MAA agrees that it will noL without the express wTitien consent of the
City,which consent shall not be unreasonably withheld:(1)transfer or convey to another person
or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement;
or(2)enter into an agreement with my other persou`or entity whereby the rights and obligations
under the Permit or the comparable permit issued to MAA as contemplated in this Agreement
would be assumed by any other person or entity.
i 1� I•-
ih) MAA,wilhreimburse the City for the City's reasonable attorney fees and
any other out-of-pocket expenses up to$7,500 incurred in connection with the negotiation and
performance of this Agreement through the date the Forest Service issues the Permit or a
comparable permit to MAA as contemplated in this Agreement or declines to issue such a
permit. The City will provide MAA with a complete accounting of its attomey fees and out-of-
pocket expenses within thirty(30)days after the Forest Service issues the Permit or a
comparable permit to MAA as contemplated in this Agreement or declines to issue such a
permit. MAA will pay the amount owed under this paragraph within ten(10)business days after
the City delivers its accounting of those fees and expenses.
5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit
or a comparable permit and,with the exception of Paragraphs 3 and 4(i),shall be of no force or
effect if that condition is not met on or before December 31,2012.
6. Miscellaneous:
a) There are no oral agreements or representations between the parties hereto
which affect this Agreement,and this Agreement supersedes and cancels any and all previous
negotiations,arrangements,warranties,representations and understandings,if any,between the
parties.
PAGE3-AGREEMENT
b) The paragraph headings set forth in this Agreement are set forth for
convenience purposes only,and do not in any way define,limit or construe the contents of this
Agreement.
C) If any provision of this Agreement shall be determined to be void by any
court of competent jurisdiction,then that determination shall not affect any other provisions of
this Agreement,and all such other provisions shall remain in full force and effect.
d) It is the intention of the parties that if any provision of this Agreement is
capable of two constructions,only one of which would render the provision valid,then the
provision shall have the meaning which renders it valid.
e) if suit or action is instituted in connection with any controversy arising out
of this Agreement,the prevailing party in that suit or action or`my appeal therefrom shall be
entitled to recover.in addition to any other relief,the sum which`the court may judge to be
reasonable amomey fees. 'I,�
�
1) Any notice required or pemiiued under[his Agreement shall be deemed to
have been given and delivered when personallytdelivered or when deposited in the United States
mail,as certified mail,postage,prepaid,and addres'sed,t`o the last-known address of the party
being provided with thenotiee. ��j JK' f,
r
g) The MAA may.nol assign its interest in this Agreement to any third party
without the express written consent of the City. This agreement shall more to the benefit of and
shall be binding upon the City and any permitted successors and assigns of MAA.
h) This Agreement is being executed in two counterparts,each of which shall
be an original,and both of which shall constitute a single instrument,when signed by both of the
parties.
i) Waiver by either party of strict performance of any of the provisions of
this Agreement shall not be a waiver of and shall not prejudice the party's right to subsequently
require strict performance of,the same provision or any other provision. .
j) The consent or approval of either party to any act by the other party of a
nature requiring consent or approval shall not be deemed to waive or render unnecessary the
consent to or approval of any subsequent similar act.
k) This Agreement shall be governed and performed in accordance with(he
laws of the stale of Oregon.
1) In the event of a dispute pertaining to this Agreement,the parties agree to
attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a
resolution cannot be negotiated,(hen the parties agree to submit the dispute to voluntary non-
binding mediation before commencing litigation. Each of the parties hereby irrevocably submits
to the jurisdiction of the courts of Jackson County,Oregon,and agrees that any legal proceedings
PAGE-AGREEMENT
with respect to this Agreement shall be filed and heard in the appropriate court in Jackson
County,Oregon.
Date: Date:
MT.ASDLAND ASSOCIATION—LESSEE CITY OF ASHLAND,OREGON—LESSOR
By: By:
Title: Title:
I F-
��t�f(tit Y
Y
PAGE5-AGREEMENT
Cfi�/I w{
wt� lo���ll
M T_/A_S H L A ��N D
September 30, 2011
To Mayor Stromberg, City Council Members and Staff,
On behalf of the Mt.Ashland Association (MAA)and staff, we thank you for your hard work and
diligence on our request to have the City of Ashland (COA) relinquish the Mt.Ashland Ski Area
Special Use Permit(SUP)so MAA can apply to become the permit holder and the operator of
record.
MAA has reviewed the proposed amendments to the original draft agreement, and submits the
following changes as voted on by unanimous vote in a special meeting held on September 29,
2011. The four amendments are referenced from the Council Communication sheet posted on
the COA web site for the COA council meeting scheduled for October 4, 2011.
Amendment 1,paragraph 4.a-
1. Revise the paragraph that allows the City to appoint a non-voting member of the MAA
Board.The Council directed two revisions. First, MAA would not have the right to
"approve"the City's appointee.Second,the member was changed from non-voting to
voting. Staff requests Council revisit the issue of whether the member should vote or not.
MAA action-
Reject the proposed amendment as submitted and support the original language of
Paragraph 4.a.
The original language promotes the goal of this section: Improved communication between the
COA and MAA.
A voting director appointed by the COA would be inconsistent with other Boards which have a
COA council liaison. In addition,a voting director appointed by COA could give rise to liability and
conflict of interest issues.
Amendment 2, paragraph 4,b-
2. Add the "Quality Control" concept as well as the "Quality Assurance" concept that was in
the draft considered by Council. Paragraph 4.b. has been revised to allow the City to
appoint a person to be on-site during any construction activities.Additionally,the
paragraph states that MAA and the City agree to confer with the Forest Service and any
other regulatory agencies (such as DEQ and the Army Corps of Engineers,for example)
if any issues are identified by the City's inspector.
• 1
c
MAA action-
Accept the proposed amendment as submitted.
The MAA believes this is a very well written amendment and strengthens the commitment to
a working partnership between MAA and COA as well supports the 1929 Memorandum of
Understanding (MOU) between the USFS and COA. Of course all OSHA guidelines must be
adhered to when inspections are done including access to work zones.
Amendment 3, paragraph 4.d-
3. Change the "Restoration Amount'from the amount required by the new SUP that the
Forest Service would issue to MAA to a base of$700,000.This is paragraph 4.d.
Page 2 of 3
MAA action-
Reject the proposed amendment as submitted and use the following language.
'Restoration Amount' required by the new SUP issued to MAA to a base amount as determined
by the USFS.
The USFS, as landlord, has both the expertise and experience in the field to determine an
appropriate sum to be held for restoration activities as it does with all of its SUP holders both
regionally and nationally.
Amendment 4, new paragraph 4.e-
4. Add a paragraph to ensure that MAA does not log until it has raised sufficient funds to
move ahead with all of Phase I. In revising the agreement, staff used the description of
Phase I that MAA has included on their website.
MAA action-
Reject the proposed amendment as submitted and use the following language.
Modify this section to read "until sufficient funds, as determined by the USFS are raised for the
approved Phase 1 project'.
The USFS, as landlord, has both the expertise and experience in the field to determine an
appropriate sum to be raised and or committed before any logging begins as it does with all of its
SUP holders both regionally and nationally.
Respectfully submitted,
C
Kim Clark
General Manager
Mt.Ashland Association
2
CITY OF
-ASHLAND
Council Communication
A Resolution to Adopt the Biennial Budget for the City of Ashland Beginning with
Fiscal Years 2013-2014 and 2014-2015
Meeting Date: October 4, 2011 Primary Staff Contact: Lee Tuneberg
Department: Finance E-Mail: tuneberl @ashland.or.us
Secondary Dept.: None •,� Secondary Contact: None
Approval: Martha Berm Time: 10 Minutes
Question:
Will the Council approve a resolution replacing the annual budget process with a biennial (or two-
year) approach, beginning with the budget for July 1, 2013 through June 30, 2015, and for each
biennium thereafter until this resolution is repealed?
Staff Recommendation:
Staff recommends that Council approve the resolution.
Background:
Council's stated goal was to implement a biennial budget for FY 2012-2013. This action will meet
Council's goal one year later.
Council held a study session on this topic on September 19, 2011. Concerns identified during the
session included:
• Timing in relation to the State's biennium, PERS rate changes for employers, and Ashland's
social service grant allocations (all done for two years).
• Timing in conjunction with replacing the City Administrator.
• Operational issues in the two years that revenues or expenses must change.
After significant discussion, staff offered to bring a resolution adopting a biennial budget approach
beginning with the two fiscal years starting July 1, 2013, to Council for consideration. Staff will also
take the opportunity to model the two-year format during the coming single-year budget preparation
for FY 2012-2013, to help address questions and provide a better understanding for Council and the
Budget Committee.
The attached resolution adopts, and delays, the biennial budget process for the above reasons. The
City and Budget Committee will begin the next budget process in early calendar year 2012, for the
fiscal year beginning July 1, 2012 and ending June 30, 2013. Unless Council takes ancillary action,
fiscal year ending June 30, 2013, will be the last single-year budget.
Related City Policies:
None
Pagel of 2I of 2
A
CITY OF
ASHLAND
Council Options:
1. Approve the resolution as presented, establishing a biennial format as standard, beginning with
fiscal years 2013-2015.
2. Approve a revised resolution as desired
3. Take no action, maintaining the single-year budget process.
Potential Motions:
I move to approve a resolution adopting the standard of a biennial budget for the City of Ashland
beginning July 1, 2013.
Attachments:
Draft Resolution
Page 2 of 2
RESOLUTION NO.
A RESOLUTION ADOPTING A BIENNIAL BUDGET PROCESS FOR THE
CITY OF ASHLAND, EFFECTIVE WITH THE TWO FISCAL YEARS
BEGINNING JULY 19 2013 THROUGH JUNE 30, 2015, AND THEREAFTER
UNTIL THIS RESOLUTION IS AMENDED OR REPEALLED
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
The City of Ashland follows the Oregon Local Budget Laws ORS 294 in preparing its budget. ORS
294.311 provides for Oregon municipalities to adopt a biennium (or two year) budget. The
governing body(elected board) decides on whether a biennial budget is prepared. Absent such a
decision, ORS requires a one-year budget.
Adopting a two year budget process and a biennial budget for the City is thought to provide: .
• Savings in time and effort by eliminating the formal budget process every other year
• Opportunities for better fiscal planning and review in the "second year"
• Better control by considering twenty-four months when projecting revenues, expenditures,
capital improvements and reserves
SECTION 1. Council has set moving to a biennial budget, effective for the FY 2013-2015 period,
as a goal.
SECTION 2. The City Charter and the Ashland Municipal Code do not prohibit the City from using
a biennial budget.
SECTION 3. With this resolution, Council directs staff to take the necessary steps to prepare,
approve and adopt biennial budgets for the City of Ashland, beginning with the budget for the
period of July], 2013, through June 30, 2015.
SECTION 4. 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 October, 2011.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of , 201 1.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Quarterly Report and Recommendations
from the Ad Hoc Homelessness Steering Committee
Meeting Date: October 4, 2011 Primary Staff Contact: Ann Seltzer
Department: Administration E-Mail: ann @ashland.or.us
Secondary Dept.: None ..11'1 Secondary Contact: Terry Holdeess
Approval: Martha Berme Estimated m
Estimated Time: 30 minutes
Question:
Will the Council approve the recommendations of the Ad Hoc Homelessness Steering Committee
(HSC)?
Staff Recommendation:
The Ad Hoc Homelessness Steering Committee presents their quarterly report and recommendations.
Staff recommends Council take action on each recommendation separately.
Background:
In April 2011 the City Council established the Ad Hoc Homelessness Steering Committee and
requested quarterly updates on their work. Attached is their report which includes detail on their five
recommendations, four of which require Council action.
Summary of Recommendations
Portable Toilets
The HSC is requesting the City provide access to toilets in three locations: downtown, north and south
ends of town. Estimated cost of three portable toilets is approximately $3,000 - $3,500 per year.
Please note that one of these proposed locations is outside of the City limits.
Day Use Center
The Salvation Army is requesting the City provide space to operate a day use center to provide basic
services including showers, laundry, clothing etc. The HSC recommends the City provide funds,
approximately $24,000 per year, to rent a suitable location. Please note that this would be an on-going
obligation to the City and this request comes outside of the City's regular social service grant process.
Donation Boxes
The Ashland Chamber of Commerce is requesting permission from the City to secure donation boxes
in areas where a significant amount of panhandling is taking place. The Chamber will pay for the cost
of the boxes and a local non-profit will collect the funds. The Chamber is working to identify a wiling
non-profit provider. City staff will affix the boxes to identified poles and provide maintenance as
necessary. Staff estimates approximately $25 in staff time per box for installation or removal.
Page I of 2
CITY OF
ASHLAND
Homelessness Committee
The HSC is requesting the City Council extend the ad hoc Homelessness Steering Committee to March
2013 and provide staff for meetings. Resolution 2011- 10 states the HSC will automatically dissolve
after one year.
Listening Post
Trinity Episcopal Church and the Methodist Church will partner to provide volunteers trained to listen
to individuals who simply want to talk. The volunteers do not provide counseling services. No
Council action is required with this recommendation.
HSC Members
Heidi Parker, Chair
Rich Rohde, Vice Chair
Dee Ann Everson
Laura O'Bryon
Connie Saldana
Sara Hopkins-Powell
Graham Lewis
Regina Ayars
Council Liaisons: Councilor Slattery and Councilor Voisin
Related City Policies:
Council Goals
Council Options:
• Determine which recommendations to approve.
• Determine what changes, if any, should be made to the recommendations.
Potential Motions:
I. Move to approve/deny the Donation Box recommendation as presented by the HSC and direct
staff to work with the Chamber to install the boxes.
2. Move to approve/deny allocation of funds for facility rental for a Day Use Center operated by
the Salvation Army and direct staff to identify an appropriate source(s) of City funds.
3. Move to approve/deny extending the HSC for an additional year, direct the City Administrator
to determine appropriate staffing and prepare a revised resolution if necessary.
4. Move to approve/deny installation of three portable toilets and direct staff to identify an
appropriate source(s) of City funds.
Attachments:
• Ad hoc Homelessness Steering Committee quarterly report with recommendations.
• Summary of proposals received
Page 2 of 2
�r,
2uarterCy Report of
The Ad Hoc Homelessness Steering Committee
To The Ashland City Council
October 4, 2011
It is not news to anyone that homelessness is an issue in our community, our state,
our country and around the world. With increasing pressures from the Great
Recession and with an engaged and caring community, the Ashland City Council and
Mayor appointed an Ad Hoc Homelessness Steering Committee on April 5, 2011.
The Homelessness Steering Committee is comprised of eight community members:
Regina Ayers, Dee Anne Everson, Sarah Hopkins-Powell, Graham Lewis, Laura
O'Bryon, Connie Saldana, Rich Rohde, Vice Chair and Heidi Parker, Chair. There are
two, non-voting City Council liaisons: Carol Voisin and Dennis Slattery, and one City
staff member: Ann Seltzer. We had our first meeting on April 14, 2011, and have
met two to three times per month since.
The Homelessness Steering Committee (HSC)was charged to:
• Solicit proposals from community stakeholders to address issues of
homelessness in Ashland;
• Deliver to the Council proposals that are well developed, factually supported,
and capable of implementation;
• Return proposals that are incomplete and encourage re-submittal of reworked
proposals;
• Connect stakeholders whose proposals complement or duplicate each other's for
possible collaboration; and
• Suggest alternative sponsorship if possible.
The committee's first order of business was to design a way to solicit proposals from
the community. We created a flyer inviting submissions of 1-2 page proposals that
stated what the issue to be addressed was, proposed solution, background
information, and estimated cost to implement. Committee members then widely
distributed the Fliers around town both to individuals and stakeholder groups, as
well as posting it on the city's,website. Since June 15t, we have received 33
proposals.
The Steering Committee then reviewed the proposals and decided whether each
proposal should be:
• Considered actionable as written
• Returned to the submitter for further development or explanation, possibly with
recommended changes or suggested partnership
• Considered not actionable at present time, or
• Forwarded to the City Council for consideration
1
(All submitted proposals became public documents and were posted on the City's
website at: www.ashland.or.us/lioniclessness)
Rather than using a numerical score sheet or letter grading to evaluate proposals,
due to the complexity of the proposals,the committee adopted the consensus model.
Following group discussion, which sometimes involved individual committee
member research of related issues, the committee came to consensus regarding
dispensation of each proposal submitted, placing each in one of the four categories
listed above.
We realize that our work as a committee is not yet complete. However, since we
were told that the Council desired periodic reports from the HSC, this is our first
round of recommendations to the Council. While each proposal individually may
not solve all problems associated with homelessness, we believe that taken as a
whole, these five proposals will help strengthen the overall support for the
homeless in our community.
The Homelessness Committee is proud to recommend the following five proposals
for your approval: Chamber Donation Boxes, Public Toilets, Homelessness Steering
Committee, Day Use Center, and The Listening Post.
Thank you for the honor of serving our community.
Heidi Parker, Chair
Ad Hoc Homelessness Steering Committee
*Please see attached documents
2
Proposal: Provide 24-hour access to public toilets at select locations in Ashland
Sponso r: Stephen Auerbach
HSC Recommendation: Provide access to public toilets in 3locations: downtown,north
and south ends of Ashland 24-hours/day,seven day a week,using portable toilets. Set up a
trial period with annual review for evaluation of this program.
Cost to City: Approximately$3,000-$3500 per year
Implementation Date: Fall 2011
Recommendation Background:
After speaking with Ashland Parks&Rec.Director,Don Robertson, Bruce Dickens,Park
Superintendent,and Rachel Dials,Recreation Superintendent,about the pros and cons of
leaving public bathrooms open 24-hours,we propose that the City,on a trial basis, provide
3 portable toilets located in different areas around town.
Currently,there are 10 park sites with restrooms that open around 6 a.m.and are closed
between 5-9 p.m. Don Robertson estimates that it would cost around $8,000/yr to keep
one restroom open 24 hours. The city's insurance is$10,000 deductible for damages.
One local Porto-Potti company charges$81.50/month,+5%damage waiver insurance
(about$4/mo.),which also includes weekly service,for a total of$85.58/month. If the unit
were totally destroyed,the$100 deductible insurance policy would fully cover the cost of
replacement. This would be an annual cost of around$1,026 1year/unit. Since the unit is
portable,if there were problems with vandalism,the unit could be either relocated or
removed. Handicap porta-potties rent for$125/month + 5%damage insurance,or
$1,5781yr/unit.
We recommend that one location be beside the current Calle public restroom,since there is
already lighting at the site. It is recommended that the second location be to the north,in
the Greenway parking lot where Eagle Mill Rd.meets Valley View Road. Since that land..
belongs to Jackson County,we are awaiting a response from the Bear Creek Greenway Joint
Powers Committee that would allow placement there,in addition to costs. The third
location,south of downtown,is yet to be determined.
3
Proposal: That the City allocate the necessary funds to pay rent for one year for a
Day Center to be operated by The Salvation Army or secure a location for The
Salvation Army to use at no charge for a minimum of one year.The 2000-3000
square foot Day Center will provide showers,laundry, hot meals, clothing, food
pantry and case management if requested. A small thrift shop in the front will
generate a small amount of operating income for the center and provide jobs to two
(potentially homeless) individuals. Oversight and case management will be
provided by existing Salvation Army staff and volunteers from the Medford location.
Sponsor: Salvation Army, Medford, Jackie Agee, Development Director
Cost to City or Donated: Rent estimated at$2,000 a month for a total ol'$24,000.
Implementation Date: January 2012
Recommendation Backeround:
The Committee found that there is a high need for basic services to be provided for
individuals and families who find themselves homeless in Ashland. Several of the
proposals received mention the needs, but did not provide specific solutions. The
Salvation Army's proposal provides a model which has been tested in other areas of
the country. However, the agency would like support to implement the model in
Ashland for one or two years in order to be sure it is an appropriate model for our
town. If the Day Center proves successful, Salvation Army will write grants and seek
ongoing funding to sustain the project.
Previous to recommending the City provide rent for the Day Center, Committee
Member, Regina Ayars, and Salvation Army staff researched available properties
that might be available rent-free:
City-Owned Property: Per Martha Bennett there is currently no city-owned property
designated as surplus as per the facility master plan completed and reviewed in
2009. There has been discussion of The Grove, but even if it were not designated for
other use, its proximity to the Police Station would likely make it unusable by a
segment of the homeless population.
Private Property:
1.The vacant Tidings building on Siskiyou St.: Tribune thinks they can lease
commercially
2.The old ICCA building on Ashland St.: Current owner wants to sell the property
3.Vacant restaurant at Shamrock and Ashland Streets: Lease signed.
4.Vacant commercial space in the Ashland Shopping Center: Space too small— 1,400
sq ft
S. Hersey Industrial Park: Spaces too small
Research will continue.
4
Proposal: Create locations for secure donation boxes for money to be given to
organizations that can best help those who truly want to get out of homelessness.
Educate Ashland residents and visitors to donate via the boxes or other recognized
charitable organizations. Increase police presence in the downtown core. The Chamber
will solicit businesses to sponsor donation boxes and work with the City to secure
appropriate locations. They are considering downtown locations as well as grocery stores
in high traffic areas. The Chamber is in contact with St. Vincent DePaul as a possible
non-profit to administer the money. Other non-profits will be considered should St.
Vincent not agree. The Chamber will develop a communication plan to educate
residents, visitors, and businesses on donating via the boxes, not directly to panhandlers.
The people on the streets will be informed about the program and how they can benefit
from it.
The Chamber will work with the City Ad Hoc Steering Committee, appropriate City
Departments, and non-profit social service organizations to finalize and publicize the
program.
Sponsor: Ashland Chamber of Commerce Homelessness Task Force: Pam Hammond,
Mark Marchett,Nancy Morgan, Meiwen Richards, Lisa Beam, Cindy Bernard, Marie
Donovan, Sandra Slattery
HSC Recommendation: Forward donation box proposal to City Council. Council
Action to provide installation and maintenance of donation boxes.
Cost to City: To Be Determined
Implementation Date: Before 2012 Summer Visitor Season
Recommendation Backeround: The Chamber proposes paying for and placing
"donation boxes" for people to deposit money to assist the homeless population. The
committee liked this concept but expressed concern it did not identify a non-profit to
collect and distribute the funds. Comments were made that many social service agencies
advocate giving money to providers rather than to individuals and that, the proposal
creates socially responsible philanthropy. The committee decided to move this concept
forward to the City Council as a summary, rather than to submit the actual proposal and
recommend the Council identify the appropriate non-profit to administer the funds.
The donation box proposal reflects 3 others who proposed the boxes and similar
proposals from Ashland businesses.
5
Proposal: Create a permanent Homeless Steering Committee (HSC) comprised of
citizens in the community who repeatedly express the desire to help the homeless.
Sponsor: Lynn Ransford
HSC Recommendation: The committee is recommending that HSC be extended one
year to March, 2013
Cost to City: Staff for meetings
Implementation Date: March, 2012—March, 2013
Recommendation Background: The proposal is to extend for one year HSC from
March, 2012—March, 2013. The rationale is that the committee-is building collaboration
between sponsors and the committee as well as between sponsors and other entities
providing services to the homeless. A number of proposals that clearly are focused on
the needs of our community need fine tuning and some direction from the committee.
The committee needs the time to work with the sponsors in an effort to bring more
proposals to the council and/or to refer them to an agency or other entity. Citizens took
to the time and energy to prepare well meaning proposals, now the committee needs to
take them seriously and work with them to see that the proposals are doable for the city.
Based on the second committee purpose, HSC is charged to "transmit to the Council
those proposals that are well-developed, factually supported, capable of implementation
and fall within the Council's scope of authority". Quite frankly, the committee needs
more time to work with the sponsors to achieve this purpose.
Moreover, the committee is still working on the third committee purpose where HSC is
charged to "Return to their authors those proposals that are incomplete but that have the
potential to fall under the second.purpose (noted above), with specific recommendations
for the necessary improvements and encourage resubmittal of the reworked proposals."
The committee is carefully developing specific recommendations for improvements for
several proposals. Those proposals are in the "parking lot", each to be taken up as time
permits.
In the meantime, the committee is anticipating receiving more proposals from the public.
Therefore, the committee agrees with the sponsor that an extension for the committee is
needed, but at this time only a year and not permanent status as a commission is
requested.
6
Proposal: The Listening Post: an opportunity for homeless people to talk
Sponsor: Trinity Episcopal Church
HSC Recommendation: Inform City Council, even though no city funding required
Cost to City: No Cost to City
Implementation Date: Volunteers will be recruited in September with training in
October and services beginning in mid October, 2011.
Recommendation Background: The committee selected this program even though it
will not need funding, because it was an innovative way to serve the needs of homeless
people in-our community.
r
The Listening Post is a proposal submitted by Trinity Episcopal Church to provide an
opportunity for homeless people to talk. The listening post will be a place for listening
only: no counseling, no hand-outs, no preaching, no fixing, no judging, and no rescuing.
Listening to people's stories is a way to recognize people as individuals, something they
do not often experience on the street. We are aware of programs in Anchorage, San
Francisco and Vancouver, B.C.
The proposal is to offer a fixed number of hours per week (2-4) with trained volunteers
who would be able to just sit and listen with respect and confidentiality. Volunteers will
not be evangelizing, and all are welcome to seek services. Volunteers will be recruited
in September,with training in October and services beginning in mid-October, 2011.
The three coordinators from Trinity are: Martha Hutchison, MSW, Nancy Linton, a
spiritual director, and Sara Hopkins Powell, who has experience in administration and
program development. They will be using the training materials from the Anchorage
program as a basis for the volunteer training.
The program will operate during the hours that Uncle Food's Diner is open. The United
Methodist Church and Peace House will provide a space that offers privacy and yet is
welcoming. If and when other services (for example, a Day Use Center) open, the
Listening Post could expand services- The Listening Post has received a small amount of
outside funding to start the program-
7
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CITY OF
ASHLAND
Council Communication
Ordinance Amending Meeting Quorum Requirements
for City Boards and Commissions
Meeting Date: October 4, 2011 Primary Staff Contact: David Lohman
Department: Legal Department E-Mail: david.lohman @ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn 96 Estimated Time: 5 Minutes
Question:
Should the City Council approve the First Reading of an ordinance titled, "An Ordinance Related to
Meeting Quorum Requirements for City Appointed Boards and Commissions" and move to Second
Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading by title only and set the matter for Second
Reading
Background:
In February 2010, the Council adopted Ordinance No. 3003 establishing uniform policies and
operating procedures for certain city-appointed advisory commissions and boards.
This ordinance included a Section 2.10.040 titled "Quorum and Effect of Lack Thereof', which turned
out to be susceptible to differing interpretations.
At its September 6, 2011 meeting, the Council directed staff to prepare an ordinance amending Section
2.10.040 to make clear that the required quorum for the City's appointed advisory boards and
commissions is to be more than one half of the total number of authorized members of the body,
including vacant positions.
Related City Policies:
Not applicable.
Council Options:
1) Move to approve the First Reading and set the matter for a Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff [Conduct First Reading of the ordinance by title only.]
Council: Motion to approve First Reading and set the matter for Second Reading.
Attachments:
Ordinance
Page I of I
ORDINANCE NO.
AN ORDINANCE RELATED TO MEETING QUORUM REQUIREMENTS
FOR CITY-APPOINTED BOARDS AND COMMISSIONS
Annotated to show deletiens and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
Whereas, Ashland Municipal Code Chapter 2.10 [Uniform Policies and Operating Procedures for
Advisory Commissions and Boards] currently contains a provision on the number of members
necessary to constitute a quorum for meetings of City advisory boards and commissions that is
susceptible to two different interpretations and has therefore resulted in some uncertainty; and
Whereas the City Council wishes to clarify the meeting quorum requirements applicable to most
of the Advisory Commissions and Boards;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.10.040 is hereby amended to read as follows:
2.10.040 Quorum and Effect of Lack Thereof.
Ameetiug Unless
otherwise ordained, a meeting quorum shall consist of more than one-half of the total
number of authorized members of the body, including any vacant positions. Non-voting ex
officio members, staff and liaisons do not count toward the quorum. A majority of the quorum is
necessary to adopt any motion. Members need not be physically present at the meeting if
another means of attendance (e.g. telephonic, internet etc.) has been established by the
membership and public meetings law requirements are met. If there is no quorum for a meeting,
no official business shall be conducted and all matters advertised shall automatically be
continued to the next regularly scheduled meeting.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2011.
John Stromberg, Mayor
Reviewed as to form:
David Lohman City Attorney
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