Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-02-05 Council Meeting (INCOMPLETE)
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time 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. I AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL Tuesday, February 5, 2019 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. CITY ADMINISTRATOR REPORT VI. APPROVAL OF MINUTES 1. Study Session of January 14, 2019 2. Business Meeting of January 15, 2019 VII. SPECIAL PRESENTATIONS & AWARDS 1. Southern Oregon Regional Economic Development, Inc. (SOREDI) Proclamation 2. Annual Presentation by the Transportation Commission 3. City Hall - Phase 1 Preliminary Design VIII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation 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] Council Business Meeting February 5, 2019 Agenda Item Southern Oregon Regional Economic Development (SOREDI) Proclamation From Adam Hanks Assistant to the City Administrator Contact Adam. hanks(-ashland.or.us, 541-552-2046 SUMMARY SOREDI is the regional economic development entity for Jackson and Josephine Counties. In a recent meeting of top elected officials in the two counties, it was agreed that it would be beneficial for the region to formally proclaim a shared objective of supporting economic development and more specifically, a shared vision for Southern Oregon being the most "Business Friendly" region on the west coast. The proclamation before Council has already been made and signed by a number of Southern Oregon municipalities and County Commissions and will soon be completed by all fifteen jurisdictions in Southern Oregon. POLICIES, PLANS & GOALS SUPPORTED City of Ashland Economic Development Strategy Action 2.2 - Create formal and routine communication with all regional economic development partners PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION SOREDI was established in 1987 and is a non-profit organization dedicated to increasing the long-term prosperity of Jackson and Josephine Counties. SOREDI serves 13 incorporated cities including Ashland, Butte Falls, Cave Junction, Central Point, Eagle Point, Gold Hill, Grants Pass, Jacksonville, Medford, Phoenix, Rogue River, Talent and Shady Cove. SOREDI is also the federally appointed economic development district for the region and is tasked with creating a five-year Comprehensive Economic Development Strategy (CEDS) for the region. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff participates in and supports the work of SOREDI and supports the region-wide proclamation. ACTIONS, OPTIONS & POTENTIAL MOTIONS N/A REFERENCES & ATTACHMENTS Attachment 1: Proclamation Page I of I CITY OF ASHLAND Il,~nil'~•'" +Illld~'I`~ ~''~~Ili~~llh' 111~~~111)1il~~nl~4'~Ii~~~llll! PROCLAMATION t WHEREAS, there are thirteen cities in Jackson and Josephine counties that i, comprise our region known as Southern Oregon; and WHEREAS, the vision of Southern Oregon Regional Economic Development, ; Incorporated SOREDI is to unite our 15 jurisdictions in making Southern Oregon the most "Business Friendly" region on the West Coast; and lrl WHEREAS, these guiding principles define our commitment to being `Business ,i = Friendly",II if We recognize the value that businesses contribute to our community j+ through their employees and their families, their payroll that stimulates our local economy, and the taxes they pay that help support our cities, schools, and public safety. We recognize that businesses have choices when it comes to where they locate, balancing what is desirable with what is affordable. We appreciate the commitment our businesses have made to live and work in our community. • We understand that "time is money" in today's business climate and pledge to collaborate with businesses and citizens promptly, with an attitude of customer service and a commitment to listen and help solve problems. I _ • We adhere to the ideal that private and public interests are shared and that ~j s in doing so we build a stronger more resilient community. • We agree that Southern Oregon's economic success is dependent on our _ shared workforce and resources and we join with the other jurisdictions in a regional perspective toward economic development. i1 . ` ing support and, NOW, THEREFORE, I, John Stromberg, Mayor of Ashland, Oregon hereby i proclaim that the City of Ashland joins with the other cities and counties in f sharing SOREDI's vision for Southern Oregon as the most "Business Friendly" - region on the West Coast. r , ,•t , ~nN nlll 111, F~ ~ P, , Council Business Meeting February 5, 2019 Agenda Item Approval of Liquor License Request for Kaarma Distribution Co., LLC. From Melissa Huhtala City Recorder Contact Melissa. huhtalaCaD_ashland.or.us 541-488-2307 SUMMARY This is a request for approval of a Liquor License Application from Kaarma Distribution Co. LLC. Located at 1908 Ashland Street, STE. D, Ashland, OR 97520, POLICIES, PLANS & GOALS SUPPORTED AMC Chapter 6.32 Liquor License Review. PREVIOUS COUNCIL ACTION N/A i BACKGROUND AND ADDITIONAL INFORMATION This is an application for a new Liquor License. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends approval of the Liquor License application. The City has determined that the location of this business complies with the City's land use requirements and that the applicant has a Business License and has registered as a restaurant. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the Liquor License for Kaarma Distribution Co., LLC. REFERENCES & ATTACHMENTS Attachment 1: Application Page 1 of 1 CITY OF ASHLAND OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION 1. Application. Do not include any OLCC fees with your application packet (the license fee will be collected at a later time). Application is being made for: License Applied For: CITY AND COUNTY USE ONLY ❑ Brewery 1s' Location ❑ Brewery 2nd Location Date application received: El Brewery 3`d Location ❑ Brewery-Public House 1St location Name of City or County: ❑ Brewery-Public House 2"d location ❑ Brewery-Public House 3rd location ❑ Distillery Recommends this license be: ❑ Full On-Premises, Commercial ❑ Full On-Premises, Caterer ❑ Granted ❑ Denied ❑ Full On-Premises, Passenger Carrier By: ❑ Full On-Premises, Other Public Location El Full On-Premises, For Profit Private Club Date: ❑ Full On-Premises, Nonprofit Private Club ❑ Grower Sales Privilege 1" location ❑ Grower Sales Privilege 2"d location ❑ Grower Sales Privilege 3rd location OLCC USE ONLY ❑ Limited On-Premises Date application receive [i] Off-Premises 2` ❑ Off-Premises with Fuel Pumps ❑ Warehouse ❑ Wholesale Malt Beverage & Wine By. 44G Z~ i ❑ Winery 1" Location Date application acce d as i 'tially complete: El Winery 2"d Location ❑ Winery 3`d Location By: llv License Action(s): 2. Identify the applicant(s) applying for the license(s). ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license(s): bCcic~fm~ ~l'S~rl'l~u#~'«n C~ PLC: (Applicant #1) (Applicant #2) (Applicant #3) (Applicant #4) OLCC USE ONLY OLCC FINANCIAL SERVICES USE ONLY OLCC Liquor License Application (Rev. 10/2018) l OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION 3. Applicant #1 Applicant #2 Applicant #3 Applicant #4 4. Trade Name of the Business (Name Customers Will See) Kaan~,An -4d'an C~r~c~rr`~s 5. Business Address (Number and Street Address of the Location that will have the liquor license) 1908 Ashland St ;Suite D City County Zip Code Ashland USA 97520 6. Does the business address currently have an OLCC liquor license? ❑ YES ® NO 7. Does the business address currently have an OLCC marijuana license? YES NO 8. Mailing Address/PO Box, Number, Street, Rural Route (where the OLCC will send your mail) 1908 Ashland SJF'r S. 6. nl City State Zip Code Ashland Oregon 97520 9. Phone Number of the Business Location Email Contact for this Application 541 7086700 kaarmadistributionsales@gmail.com Contact Person for this Application Phone Number Avinash Parab (541)227 9197 Mailing Address City State Zip Code 1908 shland St; Suite D Ashland OR 97520 1 understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on the licensed premises. I attest that all answers on all forms, documents, and information provided to the OLCC are true and complete. Applicant Signature(s) • Each individual person listed as an applicant must sign the application. • If an applicant is an entity, such as a corporation or LLC, at least one person who is authorized to sign for the entity must sign the application. • A person with the authority to sign on behalf of the applicant (such as the applicant's attorney or a person with power of attorney) may sign the application. If a person other than an applican signs the application, please provide proof of signature authority. (Applicant#1) (Applicant #2) (Applicant#3) (Applicant #4) OLCC Liquor License Application (Rev. 10/2018) OREGON LIQUOR CONTROL COMMISSION LIMITED LIABILITY COMPANY QUESTIONNAIRE Please Print or Type LLC Name: uct 10Y1Ck 01 +1' C L C C Year Filed: 2 G' 1 ~ Trade Name (dba): ~-'C.C1YM o -4-1,trycfr) G V0 rf Y eS Business Location Address: Ho SA;:~Ilq o d 'J-fig-f S u City: ZIP Code: 10 List Members of LLC: Percentage of Membership Interest: r n (managing member) 2. ~ V 1 Iii r S V~ I~ 11 t R, (members) 3. 4. 5. 6. (Note: If any LLC member is another legal entity, that entity must also complete an LLC, Limited Partnership or Corporation Questionnaire. If the LLC has officers, please list them on a separate sheet of paper with their titles.) Server Education Designee: DOB: ~6 I understand that if my answers are not true and complete, the OLCC may deny my license application. Signature: Date: I ~7 (name) (title) 1-800-452-OLCC (6522) www.olcc.state.or.us (rev 8111) • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION A"I Please Print or Type Applicant Name: UJ eA "hone: (541 ) 22Y Trade Name (dba): Kpar ig 1"Cugh Crorcv)~NS Business Location Address: 19 cs p~~ d Vt S City: kk) G 1) A ZIP Code: Q S 2 Business Hours: Outdoor Area Flours: The outdoor area is used for: Sunday I I A7M to p m Sunday to ❑ Food service Hours: to Monday 11AYA to t" Monday to ❑ Alcohol service Hours: to Tuesday I I Ain to Mt1 Tuesday t Wednesday T \ to ~lI Wednesday o ❑ Enclosed, how Thursday i I \ to 10 Thursday to The exterior area is ad uately viewed and/or Friday to , Friday to supervised by Servi Permittees. Saturday to (Investigator's Initials) Saturday to T~M Seasonal Variations: 13 Yes No If yes, explain: Check all that apply: ' ' • • • ❑ Live Music ❑ Karaoke i ❑ Recorded Music ❑ Coi perated Games Sunday to Monday t ❑ DJ Music ideo Lottery Machines Tuesday o Wednesday to ❑ Dancing Social Gaming Thursday to Friday to ❑ Nude Entertaine ❑ Pool Tables Satu y to ❑ Other: Restaurant: Outdoor: OLCC USE ONLY Investigator Verified Seati ._(Y) _(N) Lounge: Other plain): Investigator Init. Banquet: tal Seating: Date: 1 understand if my answers are not true a~td complete, the OLCC may deny my license application. Applicant Signature: Date: 12~I 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 12107) Council Business Meeting February 5, 2019 Agenda Item Council Liaisons to Boards, Commissions and Committees From Melissa Huhtala City Recorder Contact Melissa.huhtala@ashland.or.us 541-488-5307 SUMMARY This is the approval of the 2019 Council Liaison assignments to City Regional Boards, Commissions and Committees. Appointments will be effective immediately. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION Each year the Mayor selects Council Liaisons to the City Regional Boards, Commissions and Committees. The Council then approves the Mayor's selection. FISCAL IMPACTS N/A STAFF RECOMMENDATION N/A ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the 2019 list of Council Liaison assignments to Boards, Commissions and Committees. REFERENCES & ATTACHMENTS Attachment 1: Council Liaison Assignment List Page 1 of I CITY OF ASHLAND Council Liaison Appointments 2019-1b City, appointed by Mayor and Council 2019 Selection Airport Rich Band Board Rich Conservation Julie CEAP3 Tonya Forest Lands Stefani Historic Rich Housing and Human Services Dennis Municipal Audit Commission Dennis Parks & Recreation Kelly & Mayor Planning Stefani Public Arts Steve Transportation Julie Tree Steve Wildfire Mitigation aka Safety Tonya City Ad Hoc, appointed by Mayor and Council 2019 Selection AWAC StCN e Senior Program Advisory Committee Julie Regional, appointed by Mayor and Council 2019 .N Selection Ashland Drug and Alcohol Committee Stefani Chamber of Commerce Stefani PSCC Mayor Continuum of Care Mayor Mt. Ashland Board Dennis RVACT Mayor RVCOG Steve RVMPO Rich RVTD Tonya AFR Dennis Culture of Peace Commission Board Dennis Rich: Airport, [Band Board], MPO, Historic Julie: Conservation, Transportation, Sr. Program Advisory Stefani: Forest Lands, Planning, Chamber, Ashland Drug & Alcohol Steve: PAC, Tree, AWAC, RVCOG Tonya: CEAP3, Wildfire Safety, RVTD, Dennis: HHSC, [Audit], Mt Ashland, AFR, Culture of Peace Council Business Meeting February 5, 2019 Agenda Item Request from the Oregon Department of Transportation for a Noise Exemption Permit for Night Work to Complete Traffic Signal Upgrades From Scott Fleury PE Deputy Public Works Director Contact scott.fleurVCa-D-ashland.or.us 541-552-2412 SUMMARY Before the Council is a request from the Oregon Department of Transportation (ODOT) to authorize a noise exemption permit for night work to upgrade traffic signals. ODOT's overall project will upgrade signals in 16 cities within ODOT Region 3. The work is planned for January through August of 2019. There are 12 signals within Ashland that will be upgraded by a contractor under contract with ODOT. POLICIES, PLANS & GOALS SUPPORTED City Council: 21. be proactive in using best practices in infrastructure management and modernization Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community PREVIOUS COUNCIL ACTION The City Council has previously approved nighttime construction work within City limits to minimize the disturbance to the traveling public that can be created with daytime construction activities. BACKGROUND AND ADDITIONAL INFORMATION ODOT has requested the ability to perform nighttime work associated with their signal upgrade project. Ashland Municipal Code (AMC 9.08.170(6)) details work hours for construction projects within the public right of way. Approved hours are from 7:00 am to 7:00 pm on weekdays and 8:00 am to 6:00 pm on weekends. Nighttime work under certain circumstances can be approved by the City Administrator as allowed by the AMC. ODOTs proposed nighttime work for the signal upgrade project could possibly exceed the ten (10) days total time allowable under Administrator approval, thus staff is bringing forward the request to Council for approval of nighttime work to exceed 10 total days. Work Proposed ODOT is upgrading signal lenses and reflectorized back plates at 126 locations in Southwest Oregon. In some locations, new wires will be installed to accommodate an additional signal head for right turns. The new wires will run through existing conduit and no trenching will be needed. There are nine additional intersections where ODOT proposes to replace the LEDS in the signals. All locations are within ODOT jurisdiction. No right of way will be needed for this project and no ground disturbance will occur. This project will: increase visibility of the signals, save taxpayers on electrical costs and increase safety for pedestrians by holding right turning traffic when the crosswalk is in walk mode. Page 1 of 2 CITY OF -ASHLAND ODOT and staff feel the work proposed is best served to be completed at night due to the reduction in traffic volumes which will minimize disturbance to the traveling public, but also provide safer conditions for the contractor performing the work. Permit Conditions of Approval if approved by Council staff recommends specific conditions of approval that include: 1. Notification by ODOT to City 24 hours in advance of construction activities with specific location and hours of proposed nighttime work. 2. ODOT to notify adjacent residents via door hangar of nighttime work activities. City will post on the Public Works website and Facebook page indicating the specific locations and times of nighttime work activities. AMC 9.08.170 (6) Construction or Repair of Buildings, Excavation of Streets and Highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 7:00 p.m., on weekdays, and 8:00 a.m. and 6:00 p.m. on weekends and holidays, except in the case of an emergency in the interest of the public welfare and safety. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the City Administrator may issue a permit, upon application, if the City Administrator determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. will not be impaired, and if the City Administrator further determines that loss or inconvenience would otherwise result. The permit shall grant permission in nonemergency cases for a period of not more than five days. The permit may be renewed once for a period of five days or less. The actual owner of property may do work on property which is owner occupied between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit under this paragraph. FISCAL IMPACTS There are no fiscal impacts. STAFF RECOMMENDATION Staff recommends approval of the nighttime construction activities with appropriate noticing to be done by ODOT and City staff. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1) I move approval of a noise exemption permit for ODOT night work to complete traffic signal upgrades. 2) I recommend the City not approve the nighttime work permit and require ODOT to direct their contractor to complete all construction activities between 7:00 a.m. and 7:00 p.m. REFERENCES & ATTACHMENTS Attachment 1: ODOT Memo Attachment 2: Signal Location Map Page 2 of 2 CITY OF ASHLAND STATE OF OREGON INTEROFFICE MEMO Department of Transportation Region 3 File Code: PLA Planning and Programming Unit 3500 NW Stewart Parkway Roseburg, Oregon 97470 (541) 957-3521 FAX (541) 957-3547 Date: 8.28.18 TO: Scott Fleury, City of Ashland Engineering Services Manager FROM: Janell Stradtner, Transportation Planner SUBJECT: Signal Upgrade-Ashland Noise Exemption The Oregon Department of Transportation is requesting a noise exemption to the normal operating hours of 7 AM to 7 PM weekdays and 8 AM to 6 PM on weekends and holidays for the Sothern Oregon Signal Upgrade STIP project. The Southern Oregon Signal Upgrade STIP project involves 16 cities in Southern Oregon. The time frame for the work will be from January through August of 2019. Each signal should take 1-2 nights to complete. For safety reasons and inconveniencing of the traveling public the work needs to be completed at night. I've included a map and list of the multiple locations throughout Ashland. Work will involve replacing the traffic signal bulbs or heads and adding reflectorized back-plates on the signals. Since there are numerous locations throughout Ashland the request will exceed the 5-day limit for noise exemptions. Gary Learning, ODOT's Public Information Specialist, will give the city more accurate dates as the project nears. His contact information is: Oregon Department of Transportation Gary Learning, Public Information Specialist 100 Antelope Road, White City, OR 97503 541.774.6388 gary.w.leaming@odot.state.or.us Ashland Municipal Code 9.08.170(D.6) allows for the City Administrator to approve and issue a permit. Code states "City Administrator may issue a permit, upon application, if the City Administrator determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. will not be impaired, and if the City Administrator further determines that loss or inconvenience would otherwise result. The permit shall grant permission in non-emergency cases for a period of not more than five days. The permit may be renewed once for a period of five days or less." 1 Fq 0< - - J C` MILL RD kSply RD _ C r F 6 JACKSDA, tiRp i N a 1 POMPAO / ~RAIVK N1 LL °q'TL O z f OP R IV r mss- AND N O R o4~ T Z > o ~ r F%Q- ENA AL NEE m M SRID -E IN O A ~N ~O I PA RIC N N VADA T N ADA T A A S qDA STU NEVADA ST _ EVADA ST _ O '--`kT_ ~vFVa q j / OP~i +OG r'-` }}SH ERIDA T SHE~IfSA t~SI~-_... ....I rc f - P~~ O 111111 IiANT's I a y + ( ~ P r 7 JENSEN Li, t- 0T1~ O LEY T w O ll St t' ~ ~E( I, E µ0 A M PLE T O a ,,,{LAND M\N I z a. h O N 007 y Q ERSEY ST E SE +-ST i S f 2/ I]~ /2 v~~ Sr '1N / '`nE l do /a o 3 AS °R F 1 y Off, t, OPaP ~ 9 " 3T _ P~ O S = q S T t' _ KS\OE o \ S O S ~ i K RK L ' CS x S RS\\ ti r S \ M N -a-_tdA~L ST / 0 Y MAIN T MAIN m 3 q ~C( 6 r M IN T N Q I MAIN Sr ~y % 2 SON J a w I toy jE RL ar A N . h wl r A w h O O I a < O 10 U N V T< 3 Q. U ~ST \ 0 IOWA ST 0. I r ¢ H° LY T U a _ wl z I ii 4 a r- ~ ~ z A LANDS j NOS a h / I OPw?~3O ml ~-CFO ES NTm K MA RONE J O N M E T O MSS' it 2_. ^ I I. F M O m a F ICJ r~ ShI \m _ ~ wQ E MS ~ y U N A R m EMMA T a _ ~f p ( A 1 ' -tVY LN W - AN_E.S o ' A SARA ST { ' ' 1O5S LN ~e a \ O ~ ? P_EACHEY O ~ I ORF-BON DFPAR7-AIFNT OF TRANSPORTATION J Southern Oregon Signal Upgrades *Signal Head Replacement Ashland 0 0.425 0.85 1.7 Miles KN 21308 Federal Aid No. SA00(194) May 2018 File Council Business Meeting February 5, 2019 Agenda Item Approval of Personal Services Contract for Wastewater Treatment Plant Facilities Assessment and Major Process Component Improvements From Paula Brown, P.E. Public Works Director Chance Metcalf Engineering Project Manager Contact Pau Ia. brown (a-)-ash land.or. us 541-552-2411 chance. metcalf(cp-ashland. or.us 541-552-2448 SUMMARY Before Council is a personal services contract for professional engineering and design services for the Wastewater Treatment Plant Facilities Assessment and Major Process Component Improvements Project with Jacobs Engineering Group. This project was publicly advertised with a formal Qualifications Based Proposal (RFQ). Jacobs was selected as the most qualified among five proposers. The goal of this project is to formalize recommendations for wastewater treatment plant system improvements that will optimize the wastewater treatment process, validate system capacity, ensure system simplicity, reduce energy consumption, reduce solids production and improve process reliability. POLICIES, PLANS & GOALS SUPPORTED City Council.- 1 Engage community in a conversation about core services, desired service levels and funding mechanisms 21. Be proactive in using best practices in infrastructure management and modernization 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources • Staff desires confirmation of treatment plant capacity, overall component condition assessments and comprehensive prioritization prior to initiating additional capital expenses. BACKGROUND AND ADDITIONAL INFORMATION As such, Staff advertised the Wastewater Treatment Plant Facilities Assessment and Major Process Component RFQ on September 19, 2018, on the ORPIN site, in the Medford Mail Tribune/Daily Journal of Commerce, and on the City's website. Five proposals were received on October 18, 2018. Six city staff members independently graded each proposal with the criteria developed for the RFQ. Jacobs Engineering Group, Inc. was the highest ranked proposer. Staff subsequently sent a letter of intent to negotiate with Jacobs on October 31, 2018. Jacobs and staff have worked together over numerous meetings to finalize a formal scope of work and cost proposal for the project. A final scope and fee proposal was submitted by Jacobs on January 16, 2019, which was subsequently reviewed and approved by staff. Staff provided an email notice of intent to award to Jacobs on January 16, 2019, conditioned on Council approval at the February 5, 2019 business meeting. If approved, staff expects the project to begin in February of 2019 and be complete within nine months after notice to proceed. Page I of 2 CITY OF ASHLAND The solicitation document defined the goals for the project as follows: The goal of this project is to recommend prioritized system improvements to optimize the wastewater treatment process, ensure simplicity, potentially reduce energy consumption, potentially reduce solids production and improve reliability. This project will include an assessment of the wastewater treatment process and major process component elements. The initial assessment shall be based upon current and future flows, capacity and redundancy requirements, and waste characteristics. Project deliverables will include prioritized recommendations for the wastewater treatment plant process improvements. Although this assessment will not make specific recommendations to the wastewater collection system as such, flows and loading will be analyzed for impacts to the process. FISCAL IMPACTS The 2017-19 SDC Fund Biennium Budget includes funds for contracted services (Capital Improvement Program) in the amount of $175,000 for facility planning. This project cost is $120,460. Revenues for this project come directly from system development charges of new construction to match capacity needs with the growth of the city. This project was not specifically itemized in the budget. STAFF RECOMMENDATION Staff recommends Council move approval of the personal services contract for professional engineering and design services for the Wastewater Treatment Plant Facilities Assessment and Major Process Component Improvements Project for $120,460. ACTIONS, OPTIONS & POTENTIAL MOTIONS Council has the option to approve this contract or refer staff back for a new request for proposals. Potential motions include: 1. I move approval of a contract for professional engineering and design services with Jacobs Engineering Group, Inc. in the amount of $120,460 for the Wastewater Treatment Plant Facilities Assessment and Major Process Component Improvements. 2. Direct staff to reconsider a new solicitation for the Wastewater Treatment Plant Facilities Assessment and Major Process Component Improvements Project. 3. Direct staff to forgo the Wastewater Treatment Plant Facilities Assessment. REFERENCES & ATTACHMENTS Attachment 1: Personal Services Contract between the City and Jacobs Engineering Group Page 2 of 2 CITY OF ASHLAND PERSONAL SERVICES AGREEMENT (greater than $25,000.00 CONSULTANT: CH2M Hill Engineers, Inc. CITY OF CONSULTANT'S CONTACT: Craig Massie ASHLAND 20 East Main Street ADDRESS: 1100 NE Circle Blvd Suite 300 Ashland, Oregon 97520 Corvallis, OR 97330 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 541-768-3478 EMAIL: crai .massie 'acobs.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Jacobs, a foreign business corporation ("hereinafter "Consultant"), for wastewater treatment plant facilities assessment and major process component improvements. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than August 30, 2019. 2. Scope of Work: Consultant will provide wastewater treatment plant facilities assessment and major process component improvements as more fully set forth in the Consultant's Scope of Work and Budget for Engineering Services dated January 11, 2019, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk, perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page 1 of 6: Personal Services Agreement with CH2M Hill Engineers, Inc. i 6. Compensation: City shall pay Consultant the sum of $120,460.00 (one hundred twenty thousand four hundred and sixty dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $120,460.00 (one hundred twenty thousand four hundred and sixty dollars) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 9. Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, 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 to the extent arising out of or incident to the negligent acts. or errors or omissions in the performance of this Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogation, actions, costs, judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with C112M Hill Engineers, Inc. iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City, by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified Page 3 of 6: Personal Services Agreement with CH2M Hill Engineers, Inc. in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days' prior written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Page 4 of 6: Personal Services Agreement with CH2M Hill Engineers, Inc. (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with CH2M Hill Engineers, Inc. 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. 23. Standard of Care. The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services during the time said services are performed. CONSULTANT will reperform any services not meeting this standard without additional compensation. CITY OF ASHLAND: C112M Hill Engineers, Inc. (CONSULTANT): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (3y-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Page 6 of 6: Personal Services Agreement with CH2M Hill Engineers, Inc. Exhibit A Scope of Work and Budget for Engineering Services for the WASTEWATER TREATMENT PLANT FACILITIES ASSESSMENT AND MAJOR PROCESS COMPONENT IMPROVEMENTS Introduction This scope of work describes the work that the Consultant, Jacobs (contracting as CH2M HILL Engineers Inc) will provide to the City of Ashland (City) for the subject project. Background This project will include an assessment of the wastewater treatment process and major process component elements. The assessment shall be based upon current and projected future flows and loads, capacity and redundancy requirements, and waste characteristics. Project deliverables will include a summary report with prioritized recommendations for the wastewater treatment plant process improvements. Although this assessment will not make specific recommendations about the wastewater collection system as such, flows and loading will be analyzed for impacts to the treatment plant process. The goal of this project is to recommend prioritized system improvements to optimize the wastewater treatment process and ensure simplicity of operation. Project Assumptions A whole plant analysis approach will provide the City with the information needed to make the best investment in plant infrastructure to meet treatment needs. Plant flows and loads have been stable in the last few years, and some previously recommended expansions may not be required. In addition, plant staff have identified several areas within the plant where higher priority improvements could improve operability and reliability, specifically: • effectiveness of the headworks • oxidation ditch splitter box hydraulic loading • clarifier #2 sludge removal • ultraviolet disinfection system and associated energy utilization • return activated sludge (RAS) pump configuration and replacement needs, • better space utilization/optimization and/or systems integration for the unused lime stabilization system. • electrical system harmonics and feedback potentially related to variable frequency driven equipment, plus other power loads/timing, and energy efficiency An initial task will include confirmation of 2014 Facility Plan load projections for the plant based on the recent five years influent and plant performance data and likely regulatory conditions. Other tasks include the condition assessment of the plant infrastructure, evaluation of the specific areas for improvement listed above, and an assessment of the plant electrical system for harmonic disruption and options for energy efficiency improvement. Based on the outcome of the modeling, regulatory, condition analysis a single Final Summary Report will be developed to summarize the technical memoranda (TM) associated with the tasks described below. i i Task 1 Load Analysis, Regulatory Analysis and Whole Plant Process Modeling and Hydraulic Model This task will update the plant flow and load analysis using plant data from the past 5 years, evaluate the potential and anticipated regulatory changes affecting effluent quality and treatment requirements, development of a whole plant process model, and development of a hydraulic model of the current plant to confirm the existing hydraulic grade line through the unit processes. Specifically, the task shall include: 1. Update load analysis: Using the last 5 years plant load data, confirm the wastewater influent 2014 Facility Plan projections for loads and project for the next 20 years based on existing wastewater characteristics, and population projections. Historical flow and load data will be obtained from plant staff. Projections will utilize the DEQ Facility Planning guidelines and utilize population projections from Portland State University. Future potential regulatory changes will be based on work done by Jacobs related to the effluent discharge relocation project. 2. Regulatory Analysis: Under this task, Jacobs will document the changes to regulations that have occurred since the 2014 Facility Plan which may become drivers for future projects over the next permit cycle. 3. Flows and loads will be used to create and calibrate a whole plant process model using Jacobs' Pro2D'm process model for the specific unit processes at the Ashland WWTP. The model will then be used to identify which unit process(es) become limiting as projected flows and loads increase over time compared to the water quality requirements identified in item 2 above. 4. The plant process model will also specifically evaluate the potential for and specific operating parameters associated with single oxidation operation to accommodate removing one oxidation ditch from service to facilitate cleaning and maintenance. 5. Jacobs will confirm the original plant hydraulic profile by collecting water surface elevations during field visits and compare those to the elevations identified in the original hydraulic profile. Assumptions The City will assist by providing plant operating data and participating in coordination and review meetings. The City will provide plant influent and operating data and participate in the review of the validity of that data. The flows identified in the 2014 Facility Plan can be used for hydraulic planning. Jacobs will develop new load projections based on the last 5 years' data and forecast population growth. Deliverables. Draft and Final Technical Memorandum (TM) outlining the theoretical treatment plant capacity and timing of unit process limitations that limit the plant's ability to meet effluent quality requirements. The TM will include a summary of the forecast regulatory criteria used in the model. This TM will be used to identify which treatment plant unit process improvements best help the plant meet the future treatment objectives. We envision two workshops associated with this task. The first will be to review the results of the plant modeling and the identified treatment limiting factors. The second will be to review and endorse the elements and alternatives to be evaluated to address the treatment limitations. 2 The TM will be included in the Final Summary Report. Task 2 Condition Assessment A WWTP Condition Assessment will be conducted by Jacobs including our subconsultant Mark Walter of Waterdude Solutions. Assessment will include an asset condition and system performance evaluation of the City of Ashland's WWTP. Services include document review and development of a WWTP system/asset inventory. System/ asset inventory information will be obtained from the following sources as needed; WWTP Operations and Maintenance Manual, Computerized Maintenance Management System and 2012 Sanitary Sewer Master Plan. The final system/asset inventory will be available for review by the City prior to the assessment. An onsite visit will be conducted to perform visual inspection of assets, photographic documentation, review of maintenance records and interviews with staff regarding operations and maintenance history. Information obtained during the onsite visit will be developed into a City of Ashland WWTP Condition Assessment Report. This report will include an asset condition summary and asset condition ranking from 1(very good) to 5 (very poor). In addition to the asset ranking, an overall system ranking will be derived from the asset ranking and operational deficiency information. This approach is intended to consider both asset reliability and system performance. Work performed within this scope of work will include onsite and offsite tasks. The scope of the condition assessment will include systems and assets identified in a systems table. The system table is intended to capture all WWTP systems. An Ashland WWTP system/asset table will be submitted to the City for review prior to the onsite visit. Table 1 below provides an example of system asset tables for the City of Ashland's WWTP. The final table will include asset tag numbers found in the field and in design documents. Systems identified in this table form the basis of the scope of work in this proposal. Table 1. Example - Ashland WWTP System/Asset Tables 3 Ashland Creek Pump Station Disinfection Pumps W System Controls Controls Sensors, Meters Sensors, Meters Gates, Valves, Piping Gates, Valves, Piping Headworks Reaeration Bar Screens Reuse Pumping Compactor Solids Grit Chambers Lime Stabilization Pumps Mixers Controls Dewate ri ng Ce ntrifuge Sensors, Meters Pumps Gates, Valves, Piping Controls Aeration Basins Sensors, Meters Tanks/Structure Gates, Valves, Piping Anoxic Zones Membrane System Aerators, Drives Membrane Filtration PS Controls Membrane Filters Sensors PI ant Wate r Syste m Gates, Valves, Piping Pumps Secondary Clarifiers Controls Walkway/Structure Sensors, Meters Mechanism/Drive Gates, Valves, Piping RAS/WAS Pumps Gates, Valves, Piping Assumption: • Subconsultant Waterdude Solutions will meet onsite with operations staff for two days to perform the condition assessment. • Systems and equipment for this assessment are limited to the equipment and systems at the Ashland WWTP. • Electrical and Control system evaluation will be limited to interviews with staff and review of maintenance records. (See Task 4 for specific electrical evaluations) • Operations staff will be available to provide access to systems and related O&M information. Deliverables: • A Condition Assessment Report with condition assessment, photographs and recommendations. The Condition Assessment Report will be included in the Final Summary Report. 4 Task 3 Specific Treatment Component Assessments In addition to the WWTP Condition Assessment, we will evaluate areas specifically highlighted by the plant staff and recommend improvements for process optimization and/or needed improvements. This evaluation will follow Tasks 1 and 2 above so that potential improvements can be informed by the potential for treatment capacity limitations and/or condition assessments that identify limitations that would need to be considered (e.g. if the process model suggests that secondary clarification becomes treatment limiting, what improvements might be needed beyond currently identified secondary clarifier deficiencies?). Each area listed below will be evaluated for current operations deficiencies and recommendations for improvements will be generated. Conceptual level (Class 5 as defined by the Association for the Advancement of Cost Engineering (AACE)) cost estimates will be included for each recommendation. Specific areas of evaluation include: • Headworks. Evaluation shall include the effectiveness of the current headworks screening and grit removal, and recommend improvements to address deficiencies and accommodate future plant expansion • Oxidation ditch splitter box hydraulics. Evaluation to be coordinated with the headworks evaluation since the potential for headworks improvements can include the flow splitting function to the two present and future oxidation ditches. Hydraulic analysis shall evaluate the apparent uneven flow split at high flows and determine if baffling orflow vanes could potentially improve flow split at high flows. At this time, (CFD) modelling is not included in the scope. • Secondary Clarifier 2 shall be evaluated for improvements to the sludge removal mechanism. This clarifier has a different and less effective sludge removal mechanism than clarifiers 1 and 3. • The ultraviolet disinfection system alternatives evaluation will include the evaluation of both open and closed conduit systems, up to three potential locations for alternative UV disinfection technologies, and potential energy savings associated with upgrading this nearly 20-year-old UV technology. • Return Activated Sludge (RAS) Pump Station evaluation shall include the evaluation of the hydraulics of sludge conveyance from the clarifiers to the pump station wet well, the operation of the RAS pumps to achieve effective performance, and RAS pump redundancy optimization, with the goal to achieve consistent and proportional RAS removal from the three secondary clarifiers. • Biosolids dewatering and utilization/optimization of the unused lime stabilization system. The existing lime stabilization system and centrifuge dewatering system will be evaluated for potential operations and energy consumption improvements. Assumptions: • The onsite portion of these assessments shall be done during Task 2 above. • A workshop will be held with the City following the delivery of the draft TM. Deliverables: • Draft and final Technical Memorandum summarizing the recommendations for improvements to the specific areas listed above. The TM will be included in the Final Summary Report. 5 Task 4 Electric System Harmonic Analysis This task will analyze harmonics within the plant electrical system using record drawings. It is assumed there is an issue with plant harmonics based on the site having two existing harmonic filters that are currently not operational. Mitigation solutions may include operational adjustments, replacement of existing active harmonic filters, additional active harmonic filters, replacement of existing adjustable frequency drives with drives offering better harmonic performance, or addition of passive filters at individual pieces of equipment. Deliverables Draft and Final Technical Memorandum outlining the proposed solutions to any conformity issues with IEEE 519. Preliminary plans and schematic diagrams for recommended electric system improvements. Assumptions It is assumed that because two harmonic filters were previously installed at the site that there is a harmonic issue. No field testing will be performed to validate this assumption. The City will assist by providing plant operating data and participating in coordination and review meetings. The City will provide plant record drawings and participate in the review of the validity of the information. The City will provide all make and model information for major electrical components included in, or that may impact, the analysis. Task 5 Prepare Summary Report A draft and final Summary Report will be developed that incorporates all the elements outlined in Tasks 1 through 4, with recommendations for improvements based on anticipated capacity/treatment deficiencies and needed improvements identified. The recommended improvements shall be prioritized to meet the most serious treatment/operational deficiencies first. Construction cost estimates shall be included. Assumptions: • Recommendations for treatment expansion shall be generally consistent with current plant treatment unit processes and the DEG approved 2014 Facility Plan, but consider the anticipated regulatory requirements and the current plants treatment potential and limitations identified by the tasks above • Construction cost estimates will be prepared for the recommended alternatives to a Class 5 level defined by the American Association of Cost Engineers. Deliverable Hardcopy and electronic draft and final Summary Report 6 Task 6 Project Management Perform project management activities including monitoring and administration duties, participation in regularly scheduled progress meetings with the City, and project quality assurance and quality control (QA/QC) activities, as needed. Deliverables Monthly progress reports and progress billings will be prepared in a format approved by the City; Project schedule with monthly updates if required. Subsequent Tasks The City's RFP identified predesign tasks related to the prioritized improvements that will be identified by the tasks above. At this time, it is not possible to scope those predesign activities until the recommended improvements have been identified. Future anticipated tasks, not included in this current scope of work, would include predesign of the identified priority improvements that would include: • Preparation of preliminary design criteria for proposed unit processes improvements. • Development of a hydraulic grade line forthe wastewater treatment plant with proposed improvements. • Preparation preliminary plans and schematics, for all unit process improvements. • Preparation of a preliminary electrical schematics for all unit process improvements and major equipment changes. Budget The work shall be completed on an hourly basis for an amount not to exceed the amount show in the attached budget summary table without prior approval by the City. The budget is based on the estimated tasks and personnel assignments shown in the attached budget summary table. The actual hours per task and sub-task and the actual hours per individual and specific team make-up are approximations, only, and will vary from the details shown in this table attached. Schedule It is assumed that the Notice to Proceed will be given to Jacobs by the City by February 6, 2019, and the project will be completed by August 31, 2019. 7 Ashland WWTP Facility Assessment Jacobs Jacobs Subsonsultants Craig Bryan Jason Dave Massle Matt Noesen LI Lei youker Eng Stall Tlana Tom Lori Hun Daniel Morse QC Clifford WilsonlSEA Labor Labor Total SUb TOTAL Task Project Process Senior Process Project Hydraulics Senior Outfall8 Total CH Labor Labor and PROJECT No. Task/SUbtask Manager Uv Modeling Process Mechanical Electrical Controls Englneer Engineer EE Regulatory Hours S Expense and Expenses E Expense Expenses COST 1.0 Load Analysis, Regulatory Analysis and Whole Plant Modeling 32 0 112 4 4 0 0 0 0 0 12 164 $30,100 $0 $38,100 0 0 0 $38,100 U date loads/ ro eclions 4 2B 32 $7.280 Regulatory anal sis 4 12 16 $4,000 Motlelin 60 so $13.200 4 4 8 $1 620 C eralin Scenarios F2D 8 $2240 4 4 85 $ 131100 S 900 $ 14,000 2.0 Condition Assessment 2 560 0 560 14,560 Assessment and e orl 2 $560 3.0 Speclflc Treatment Component Assessments 8 0 60 60 0 0 0 0 0 0 156 $33,900 $600 $34,500 0 D 0 0 $34,500 Headworks 12 12 26 $5,420 $5420 Ox DilchH draulics 8 10 $2,320 $2,320 Sewndar Clari6er2 2 e 10 $2,320 $2.320 UV Disinfection 2 8 16 16 42 $9.280 $9280 RAS Pump Slat- 2 8 8 18 $3.800 $3,800 0 Dewalering/Lime System 2 16 16 $3,520 $3520 velelop Technics Memorandum 16 4D 840 47 E ectrica System Eva nation 0 0 0 D 0 32 0 0 0 6 0 38 5,820 0 5,820 0 5,820 Assessment and TM 16 4 20 $3080 $3080 $ wings 2, 40 2, 40 5.0 repave Summary Report 1 0 78 JB 0 0 0 0 0 0 48 $11,28D 0 1,280 0 D 0 0 11,28 develo reom me ndalions 6 6 12 $2.640 SO $2,640 0 Drag re orl 6 6 6 $0 F, sl per 0 6.D Project Management 46 0 0 0 0 0 B 0 8 0 0 62 16,000 200 16,200 0 0 0 0 $16,200 Pro ect Mana cement 40 8 48 $12,080 $2DO $12.280 0 14 $3920 $0 $3920 TOTAL HOURS 112 8 130 90 64 32 B 0 H 6 72 470 $106,460 BS TOTAL COST $ 11,360 E 2,240 S 26,600 19,800 $ 11,640 E 4,800 E 880 Is is 2,240 $ 1,020 f 2,880 St05,660 $800 5706,460 E 13,100 S 900 E 14,000 5120,460 sFland Facility Assessment LOE vls 1.llrzOte Page 1 EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING • • • • WAGE per hour, effective June 30, 2018. OF The Living Wage is adjusted annually every June 30 by the Consumer Price Index. portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. y For all hours worked under a business from the City of service contract between their Ashland in excess of Note: For temporary and employer and the City of $21,127.46. part-time employees, the Ashland if the contract Living Wage does not apply exceeds $21,127.46 or more. y If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50% or more of the y In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. (Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -AS H LA N D Page I of I FXI1I13IT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the degree of skill and diligence normally employed by professional engineer standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant's signature Date Page I of I EXHIBIT C Council Business Meeting February 5, 2018 Agenda Item City Hall Discussion - Phase 1 Preliminary Design From Paula C. Brown, PE Public Works Director Kaylea Kathol Public Works Project Manager Contact PauIa.brown OD-ash land.or.us 541-552-2411 kaylea.kathol(a)-ashland.or.us 541-552-2419 SUMMARY Before the Council are preliminary conceptual designs and conceptual costs of three alternatives for reconstruction or relocation of City Hall. These preliminary concepts and cost findings are the deliverables of a contract with ORW Architecture for conceptual design alternatives of a new City Hall, approved by Council on July 3, 2018. The three alternatives include: 1. Rebuild City Hall at its current site, where it would continue to house all existing departments and functions. 2. Upgrade Briscoe School to serve as City Hall and consolidate all functions currently housed in City Hall and Community Development Building. The size of Briscoe School provides additional opportunities for consolidation, including Council Chambers and Municipal Court if such an arrangement is determined to be beneficial. Costs offsets would be provided by divestment of the Community Development Building and the existing City Hall. 3. Build a new City Hall at the location currently occupied by Council Chambers/Municipal Courts and consolidate all functions currently housed in City Hall, Community Development Building, and Council Chambers/Courts. Costs offsets would be provided by divestment of the Community Development Building and the existing City }-tall. Staff is requesting Council's review, feedback, and suggestions for finalizing conceptual design and cost estimate. The final conceptual design renderings and cost estimates will incorporate Council's input and will be provided to Council on March 19, 2019. During the March 19 meeting, staff will be seeking a decision from Council on which alternative to pursue. POLICIES, PLANS & GOALS SUPPORTED Council Goals: 2.2 Engage boards and commissions in supporting the strategic plan 4 Evaluate real property and facility assets to strategically support city mission and goals Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Page I of 3 C I T Y O F ASHLAND BACKGROUND AND ADDITIONAL INFORMATION The City has been discussing the reconstruction or relocation of City Hall for more than 20 years. The building is seismically vulnerable, lacks meeting space and has no room for growth. However, it is the earthquake vulnerability of the building that presents the most pressing problem. The interior of City Hall has been reconfigured several times since 1913 but has never had any structural improvements related to seismic mitigation. A seismic evaluation of City Hall was conducted in 1994. The current City Hall is vulnerable to earthquake activity. As part of its 2014 strategic planning initiative, the City Council identified "Examine City Hall replacement and other facility needs" as a priority goal. Council held a study session on June 15, 2015, to begin those discussions, and a second study session on February 1, 2016, to hear the updated findings of the 2015 seismic evaluation. The January 17. 2017, study session updated Council with all actions taken to date for all of the options and special studies evaluated by staff. In April of 2017, Council appointed an ad hoc City Hall Advisory Committee to review feasible alternatives for the replacement of City Hall. On October 3. 2017, Council heard a presentation from staff and received the ad hoc City Hall Advisory Committee's Final Report and Recommendations for the replacement of City Hall. The Ad Hoc Committee did not reach unanimity on a recommendation with eight of the eleven members recommending rebuilding City Hall on its current site, expanding the structure to accommodate growth and retaining the community development building. The three remaining members had differing recommendations that were explained in the report. The chair provided Council with the final report and a minority opinion. The minutes of the October 3, 2017 meeting explained the process and concerns. During the Council Study Session on December 4. 2017, staff reviewed the ad hoc committee recommendations, distilled the comments made by Councilmembers and offered a phased plan to develop concepts and costing prior to full design. Council directed staff to proceed to develop a Request for Qualifications (RFQ) proposal for this multi-phased project (minutes of the December 4, 2017 meeting). Staff were to select a firm with appropriate qualifications (architectural, engineering, site design and planning) to develop a step by step approach to assist Council in selecting a preferred solution. The RFQ outlined four stages of the project: Phase l : conceptual design renderings and conceptual costs for each of the selected alternatives to include risks associated with each alternative; pros and cons of each alternative, and a relative time line. As part of this phase, the contractor will propose a process for selecting a preferred alternative. Phase 2: preliminary engineering and refined costs of the selected alternative; detailed staff moves and property options (depending on the site selected) Phase 3: final engineering design and plans for the selected alternative and final cost analysis; easements and permitting Phase 4: construction management services to assist with any site changes and quality control Utilizing the RFQ solicitation process, in March of 2018, staff selected ORW Architecture as the most qualified proposer to complete Phase 1. Upon successful cost and scope negotiations, Council approved a Phase 1 contract with ORW Architecture on July 3, 2018. Page 2 of 3 CITY OF ASHLAND Following award of the contract, ORW Architecture requested that a small guidance committee of senior City staff with close ties to the community participate in the conceptual design process. The guidance committee, consisting of City Administrator Kelly Madding, Community Development Director Bill Molnar, Public Works Director Paula Brown, and Kaylea Kathol, Project Manager, helped influence design over the course of three monthly meetings to ensure the final products harmonized with the individual neighborhoods and the larger community. Conceptual site plans developed during this process are attached. Additional concept images will be further developed in front of Council during the business meeting in the form of a Power Point presentation and printed handouts of the Power Point slides. FISCAL IMPACTS The Facilities Division's 2017-19 budget includes $200,000 for contracted services, $97,085 will be expended to complete Phase 1. The cost of each alternative is based on its conceptual design. Cost summaries are provided below, and greater detail is available in the attached cost estimate spreadsheet. Notice that the cost summaries incorporate soft costs, which necessarily include engineering Phases 2 through 4. Alternative Total Cost (2019) Area (Square Feet) Cost per Square Foot 1. Rebuild at 20 E Main $12,317,001 15.500 5781 2. Renovate Briscoe School* $15,254,001 32,000 $477 3. Build new at Council $18,918,001 32,000 $591 Chambers/Courts* *Estimates include offsets from selling the Community Development building, but not City Hall. City Hall has not been assigned a real market value, so an objective estimate is not readily available. Once a preferred alternative is identified by council, a more refined cost estimate will be developed during preliminary and final design. Funding for the selected alternative will likely need to be obtained via loans or bond issuance. DISCUSSION QUESTIONS Council is not being asked to make a decision tonight. but staff is presenting this information for discussion. Staff anticipates Council discussion to include questions on the project to include the overall need for a new City Hall, the "fit" of each building style within the locations defined and the ability to fund the project. SUGGESTED NEXT STEPS Staff requests Council provide feedback to ORW on presented concepts during this meeting. While this presentation is largely informative, staff requests Council prepare to identify a preferred alternative on March 19, 2019. ATTACHMENTS Attachment 1: Conceptual site plans Attachment 2: Conceptual costs and assumptions Page 3 of 3 CITY OF ASHLAND j, L; CITY HALL w SCALE : 1/16" = 1'-0" / Lot Information r 75.21 ac (3,276,148 SF) C-1-D Zoning Building height allowed: 40ft-55ft with CUP No Setbacks Building Foot Print Current: 3,967 SF _ _ - - a Proposed: 4,000 SF Building Area Current: 7,934 SF Pr A Proposed: 15.500 SF Parking None Required / Proposed. Reduction -1 CITY HALL j Building Programs for year 2031 1 v ' Administration Administration services Common Areas Total: 15,500 SF (Approximately) UTHIAPARK ANGUS eOwMER >P - THEATRE r BRISCOE ELEMENTARY SCALE : V= 20'-0" l P 4 ` Lot Information r 3.74 ac (162,914 SF) R-2 Zoning f T# Proposed: E-1 Zoning or C-1 Zoning Building height allowed: 40 ft ' * . • ; AREA ~ • 1Oft rear and side yard setbacks ' 1890S F~ AREA `"•,r'z 9f g 1 4,538 SF Building Footprint Current: 32,000 SF Building Area AREA fi Current: 32,000 SF 16.178 SF ' NEW RETAINING 0' A I WALL 26 rUTURE Parking PARKING Current- 38 spaces total Required: 64 spaces total i (500 sf : 1 off street parking space) Proposed: 26 off street parking spaces i l~ Building Programs for year 2031 Administration / AREA 8.793 SF , Common Areas s j. t 4' ' Community Development Municipal Courts r►- , , Public Works Engineering AREA Total: 32.000 SF (Approximately) .A 2,805 SF t ' x EXISTING 4' -'X ND ".s PLAYGROU `4- e~ PAPK nq. ` 3 1 MEN. SUP CIVIC CENTER A w._ SCALE : 1'= 20'-0" Lot Information 2.1ac (92,070 SF) E-1 Zoning Building height allowed: 40ft 10 ft. rear and side setbacks ~ Building Foot Print N~ Current: 5,916 SF !r C Proposed: 16,000 SF POLICE STAFF PARKING Building Area 1 Current: 5,916 SF Proposed: 32,000 SF Parking Current: 67 spaces POLICE PARKING Required: 60 spaces AT, (500 sf : 1 off street parking space) =t t r ` rXb .1. Ji S i I Building Programs for year 2031 _ s POLICF W A I ~ Administration FXPANSIO'J PROPOSED 67 PARKING SPACES Common Areas CIVIC CENTER Community Development THE GROVE Municipal Courts I T Public Works Engineering o o Total: 32,000 SF (Approximately) POLICE DEPARTMENT (E) MUNICIPAL s e T COURTS ~m I ~ tom) •-I C I m PROPOSFD ',may. ~ > t~0 - PL AZA,~~,T~" _ 4_° nrr- 1• H .R r.. G.R N ® i City of Ashland Concept Design ORW Architecture Project Cost Model - Fall 2018 HARD COST MODELING ASSUMPTIONS (Construction Costs) General Notes 1. To reflect level of cost specificity for aConcept Design, building and site costs are rounded. 2. All labor rates based on prevailing wages. 3. All options include quality of materials and performance of systems reasonable for a 50-100 year civic building. 4. Structure is designed to meet code, not to essential facility standards. City Hall Location 5. City Hall concept is a new building with upsized Mechanical Electrical Plumbing(MEP)services. Mechanical system is Variable Refrigerant Flow(VRF) with Energy Recovery Ventilation (ERV). 6. Electrical is all LED lighting and includes 1.5% Solar. Costs reflect structure as mass timber, with a masonry envelope and wood accents. 7. New building allows options for high sustainable design, sunshades, and less solar area. 8. Smaller building means less economy of scale for costs, small footprint results in higher skin to floor area ratio. Location includes higher expectation for exterior materials, tight construction site with limited access, potentially results m+/-15% higher construction cost. 9. Site costs include higher allowance for demolition due to constrained site and abatement. Includes rebuilding sidewalk/entry feature to curbs. 10. New City Hall costs range from $500-$600/SF; cost model based on $550/SF. Briscoe School Location 11. Briscoe concept renovates existing building. Costs represent most interior walls are replaced (sound insulation, reconfiguration, structural work). 12. New roofing, mechanical (VRF with ERV), electrical (LED, 1.5% Solar), plumbing (fixtures, underground services). 13. Costs reflect updating structure to current code, retaining existing masonry exterior, with new doors and windows. Includes new entry features and some new openings. 14. Renovating an existing building is a high sustainable strategy; includes sunshades and large solar area. 15. Renovation costs for significant renovation and repurposing ranges from $300-$380/SF; cost model based on $340/SF. 16. Site work includes significant plinth feature to accommodate public interaction and accessibility (concrete walls and footings, stairs, railings, lighting, landscape). Site costs range from $60-$100/SF; cost model based on $80/SF. 17. Entry feature (canopy, sunshades) costs range from $50-$100/SF; cost model based on$70/SFfor wood canopy and light gauge steel supports. Civic Center Location 18. Civic Center concept is a new building. Mechanical system is is VRF with ERV with potential for ground source heat pump. 19. Electrical is all LED lighting, 1.5% Solar. Costs reflect structure as mass timber, masonry and metal panel envelope with wood accents. 20. New building allows options for highly sustainable design, sunshades, medium solar area, potential ground source heat pump. 21. Larger consolidated building allows more economy of scale, larger site facilitates better staging and less traffic control. 22. Location offers more design flexibility for concept and materials. May require off-site improvements (left-hand turn lane, etc.) not included in costs. 23. Site costs include lower allowance for demolition and abatement, with modest plaza and landscaping improvements. Site costs range from $20-$40/SF; cost model based on $30/SF. 24. New Civic Center costs ra nge fro m$425-$525/SF; cost model based on$475/SF. SOFT COST MODELING ASSUMPTIONS (Non-Construction Costs) 25. Solar allowance calculated as I.S% of Construction Subtotal. 26. For temporary facilities, assume $1.5/SF/Month for leased space outside of downtown. 27. Move costs based on professional mover (insured, prevailing wages) of $1.25/SF per move. 28. Other Soft Costs include permits, System Development Charges, design fees, furnishings, survey, geotechnical, and other miscellaneous costs. When offsetting cost of selling ComDev building, soft costs increase to reflect soft costs based on construction value. 29. Project contingencies generally based on 15% for renovations, 10% for new construction and site work. Contingency is intended to address portions of hard and soft costs, and unforeseen construction conditions. 30. Escalation is currently volatile and difficult to predict over several years. Cost model estimates show escalation over the course of five years calculated at an average of 5.5% per year (compounded). City of Ashland Concept Design ORW Architecture Project Cost Model - Fall 2018 Unit Area Build Move Total Construction Solar Cast Project project Sell ComDev Total Temp Moving Other Soft Other Soft Total Cost Total Cost Cost/SF See Cost SF Time Time Time Cost (1.5%) Conting'y Conting'y Bldg Construct'n Space (out+in) Costs Costs 2019 2024 2019 Note Location/Building (mo.) (mo.) (mo.) cost (rent) City Hall Site ' 5-8,10 New City Hall Building $550 15,500 14 2 16 $8,530,000 $131,00D 10% $853,000 $9,514,000 $192,000 $20,000 25% $2,379,000 $12,105,000 $15,821,000 $781 9 City Hall Site - $40 4,000 0 0 1 $160,000 $0 10% $16,000 $176,000 $0 $0 20% $36,000 $212,ODO $278,000 City Hall Totals 16 $9,690,000 $2,415,000 $12,317,001 $16,099,000 Briscoe School Site 11-15 Briscoe School Renovation $340 32,000 12, 1 13, $10,880,00D $187,000 15% $1,632,000 -$2,500,000 $10,199,000 $0 $25,000 30% $3,060,000 $13,284,000 $17,362,000 16 Briscoe School Site $80 16,000 0 0 7 $1,280,000 $0 10% $128,000 $1,408,000 $0 $0 20% $282,000 $1,690,000 $2,209,000 17 Briscoe Entry Feature $70 4,000 $280,000 $280,000 $0 $280,000 $366,000 Briscoe School Totals 13 $11,887,000 $3,342,000 $15,254,001 $19,937,000 $477 Civic Center Site I8-22,24 New City Hall Building $475 32,000 15 2 37 $15,200,000 $231,000 10% $1,520,000 -$2,500,000 $14,451,000 $153,000 $29,000 28% $4,047,000 $18,680,000 $24,415,000 23 Civic Center Site $30 6,000 0 0 2 $160,000 $0 10% $18,000 $198,000 $0 $0 20% $40,000 $238,OOD $312,000 Civic Center Totals 17 $14,649,000 $4,087,000 $18,918,001 $24,727,000 $591 Council Business Meeting February 5, 2019 Agenda Item Annual Appointment to the Citizens' Budget Committee From Melissa Huhtala City Recorder Contact Melissa. huhtala(aDashland.or.us SUMMARY Annual appointment of two positions on the citizens' Budget Committee with 4-year terms ending June 30, 2023. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION Notice of these vacancies were published in the local newspaper and placed on the City website. Budget Committee Member Garrett Furuichi resigned on October 16, 2018 and Budget Committee Member Jim Nagel's term expired December 31, 2018. New applications were received from Jim Bachman, Harry David, David Downey, Paul Fisher, Mike Morris and John Olson. FISCAL IMPACTS N/A STAFF RECOMMENDATION None. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to appoint and to the Citizens' Budget Committee with term ending June 30, 2023. REFERENCES & ATTACHMENTS Attachment 1: Application of Jim Bachman Attachment 2: Application of Harry David Attachment 3: Application of David Downey Attachment 4: Application of Paul Fisher Attachment 5: Application of Mike Morris Attachment 6: Application of John Olson Attachment 7: Selection Process (Voting) Page I of 1 CITY OF ASHLAND CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtala@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at (541) 488-5307. Attach additional sheets if necessary. Name: Jim Bachman Requesting to serve on: CitZens' Budget Committee (Conunission/Committee) Address: 943 B St, Ashland, OR Occupation: Retired Personal Phone: 619-301-1130 work phone: NSA Email: jbachmanl267@gmaii.com 1. Education Background S UCLA What schools have you attended? D S What degrees do you hold? BA Psychology What additional training or education have you had that would apply to this position? MBA coursework in accounting and finance Attended Assoc of CA School Admin Business Academy 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? A) Fifteen years of corporate ac counting/finance experience, including controller and treasurer positions. B) Four years of public ed site and district admin experience; site and district budgets & audit support. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes, training specific to government acoounting/applicable law applied to Oregon cities would be very useful. Early training about parlimentary procedures and Ashland city committee rules would also be appreciated. i i I I CITY OF -ASH LAN D 3. Interests Why are you applying for this position? I have a broad accounting and finance background that has prepared me to support Ashand's budget building and adoption process. 1 want to help. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Find out if the meeting times for each commission fits your schedule by either going to our City calendar or Commission/Committee pages at ashland.nr.rls. I'm retired and can be available for most day and evening meetings. 5. Additional Information How long have you lived in this community? Four years Please use the space below to summarize any additional qualifications you have for this position. Since moving to Ashland, I have been looking for ways to become involved with civic matters. During the last two years I've made a practice of attending as many city council and APRC meetings as possible to learn about how goverment works in this town, a practice that I believe has prepared me to work on city commissions and committees. My approach to working with others is "constructive enagement" on issues without making disagreements personal. I see so-called problems as opportunities to help make things work better. For a fourteen member committee to function well, sincere mutual respect that leads to working through issues with an open mind is essential. I call that constructive engagement. Thank you for considering my application. December 14, 2018 Signa ure Date CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtala@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at (541) 488-5307. Attach additional sheets if necessary. Name: Harry I David Citizen's Budget Committee Requesting to serve on: (Commission/Committee) 950 Bellview Avenue Address: Occupation: Retired Personal Phone: 203 530 8106 Work Phone: hdavid44@gmail.com Email: 1. Education Background London University - Imperial College Bsc (EE) What schools have you attended? What degrees do you hold? BSc Electrical Engineering; MA Yale What additional training or education have you had that would apply to this position? Spent two years as a volunteer on a Citizens Budget Watchdog committee. Treasurer, Kerekes for Mayor, New Haven, CT 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position`? Real Estate management, Equity markets trading experience, logical thought process On the Board of NPACE (Nurse Practitioners Associates for Continuing Education Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? May learn something from colleagues in municipal government if relevant. CITY OF -ASHLAND 3. Interests Why are you applying for this position? I have the interest and believe I can make an impact on how Ashland applies its tax do© 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Find out if the meeting times for each commission fits your schedule by either going to our City calendar or Commission/Committee pages at ashland.or.us. Most of the time, yes 5. Additional Information How long have you lived in this community? 4 years Please use the space below to summarize any additional qualifications you have for this position. I understand financial statements and budget preparations. I am familiar with budgetary impacts of various pension assumptions, capital budgets, tax impacts on mil rates. I understand the tax impacts of personnel compensation and benefits, and the pros and cons of assuming debt and its impact on the income statement. Signature Date CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtala 'trashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name David Downey, Jr. Requesting to serve on: Budget Committee (Commission/Committee) Address 199 Terrace St Ashland, OR 97520 Occupation Stay-at-home Dad Phone: Home-cell 707-486-7191 Work Email Fax 1. Education Background What schools have you attended? Santa Rosa Junior College, SOU What degrees do you hold? A.A and B.S (completion Dec 2018) What additional training or education have you had that would apply to this position? As a former branch manager for Wells Fargo Bank, I attended a number of training seminars in various financial areas. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I have over 10 years experience in retail banking, with much of that time spent in a supervisory capacity- Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? It would be advantageous to have more training because that would make me better equipped to do an outstanding job. 3. Interests Why are you applying for this position? I am interested in local govemment and the overall well-being of Ashland. With two young children in this school system I care greatly about the state of our beautiful city. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. I prefer evenings. 5. Additional Information How long have you lived in this community? 4 yrs in The Rogue Valley,2 in Ashland. Please use the space below to summarize any additional qualifications you have for this position I am active in the Ashland community as a volunteer youth sports coach at the YMCA, as well as being a local DJ for KSKQ Community Radio. These two volunteer positions provide me with the opportunity to communicate with individuals and families within our community. I also attend many of the functions at Helman Elementary School which gives me the opportunity to discuss local happenings with other interested parents. I recently completed the Innovation and Leadership program at SOU, which focuses on progressive management practices and organizational leadership. I 11/19/2018 David Downey, Jr Date Signature CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email . If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. c Name ~,dy~•• 't' t S Requesting to serve on: (Commission/Committee) i Address `.~'O5~ ~S~ t-~d~'"~D Occupation A e. - rw c.7'Or- Phone: Home 54-('2(w -7,31 Work Email Fax 1. Education Background What schools have you attended? QZ"OHc -=-ro-6 L-?-V What degrees do you hold? ?-t.+ - r-b vc nr +o~• C1814 LA 6otZ (\.lr l.dT[nO01A What additional training or education have you had that would apply to this position? 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? ~ l !-l C t-~c l W c v L, ~i Lc Tb t-L6%JV-- C.,t J I L I~j v .t1 L +t~G . i t' l t--ae c, 3. Interests Why are you applying for this position? LCx' L>C-6 Q ~E. T'D 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? C I 5. Additional Information How long have you lived in this community? ~640.E. Please use the space below to summarize any additional qualifications you have for this position 2 i' 1 W t tea °Z0 6't-'.,!h. t t- A- L 1 n 5 v" --l-1 GA C>1Z tJ L i G w~ 1 l~ n [~f _I- E t G 1 i~ T" 1-f-I i.a T-r V5 E l c,.~~r t21 - rte Date Signature FRE CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtalagashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Michael Morris Requesting to serve on: Citizens Budget Committee (Commission/Committee) Address 1300 Tolman Creek Rd Ashland, OR Occupation General Contractor Phone: Home Work (541)-621-9406 Email msauared@mind.net Fax 1. Education Background What schools have you attended? Ashland schools/ Oregon Institute of Technology Southern Oregon State College What degrees do you hold? BS Mech Engineering Tech - Oregon Institute of Technology What additional training or education have you had that would apply to this position? 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Eight years the Ashland City Council Eight years citizens Budget Committee Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Wh It is always beneficial to have additional training especially w~el n i comes to municipal accoun ing practices and budget law PEA, 3. Interests Why are you applying for this position? I have always had an interest in balancing the required reinvestment in the community with the goals of the community 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Given reasonable notice. I can make all meetings. Evenings are preferred 5. Additional Information How long have you lived in this community? 1955 thru 1978 and 1991 to present Please use the space below to summarize any additional qualifications you have for this osition Engineering contract and subcontract management experience. Residential Construction contracts and management experience. Extensive knowledge of Ashland's budget and operations as well as the water and wastewater master plans, capital improvement plans, transportation systems plan, comprehensive plan, Ashland's land use ordinance, RPS, Climate and Energy Action Plan, and the history behind many of those plans and ordinances. An understanding of the state budget laws and the state required benefits, (PERS, OPSRP, etc). The ability to work within diverse groups of people to achieve goals and the practical and technical expertise to understand and resolve complex problems 12/20/2018 Date Signature I CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email melissa.huhtala(cbash►and.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. ,rte Name Z- 0 Requesting to serve on: (Commission/Committee) Address Occupational / l~ Phone: Home Work Email✓ Fax 1. Education Background What schools have you attended? Z ~ / What degrees do you hold? ~,y What additional training or education have you had that would apply to this position. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? , i Do you feel it would be advantageous for you to h ve further, training in this field, such _ as attending conferences or seminars? Why? t(4 L- tJ u i 3. Interests Why are you applying for this position? 4. Availability Are you available to attend special meetings, in addition t tl~v r sgularly scheduled meetings? Do you prefer day or evening meetings? 5. Additional Information How long have you lived in this community? T Please use the space below to summarize any additional qualifications you have for this position 4 !~~Z L/ 122 x5/y /wi~ re II Date Signature i SELECTION PROCESS (VOTING) The seven Councilmembers will consider a field of six applicants for filling two Budget Committee vacancies. The Council could choose any one of several voting schemes (or hybrids of them) to use for making of selections: e.g., "ranked choice" voting ("instant-run-off' voting); "exhaustive ballot" voting; "first-past-the-post" ("plurality") voting; or "approval" voting. Each of these schemes has its advocates and detractors, and each scheme entails some risk of the "spoiler effect": Candidate A would be the most-preferred candidate in a two-candidate race; but in a race with three or more candidates, Candidate B wins because Candidate C receives only a few votes, some of which Candidate A would receive if Candidate C were not in the race. In order to reduce the risk of a"spoiler effect", to minimize the possibility of "tactical voting" (voting for a candidate other than one's most-favorite candidate to try to prevent one's least- favorite candidate from winning), and to avoid the complications of possible deadlocks and a plethora of subsequent balloting, staff is proposing a hybrid system, briefly described as follows: • Initially, each of the seven Councilmembers votes for two separate candidates. • If two candidates get five or more votes, the two Budget Committee vacancies are filled, . and nothing further is required. • If just one candidate receives five or more votes, he or she fills the first Budget Committee vacancy, and the second Budget Committee vacancy is filled by the first of the remaining candidates to receive four votes in subsequent balloting in which each Councilmember votes for just one candidate. Somewhat complicated subsequent balloting will be necessary if no candidate initially receives the minimum required votes. A process for such subsequent balloting has been designed to achieve publicly verifiable majority decisions after each possible combination of votes. Since extensive subsequent balloting will be necessary only if the two Budget Committee vacancies do not get filled in the initial rounds of balloting, the full proposed process (involving up to seven ballots if certain tie votes occur) will be presented for consideration at the February 5 meeting only if necessary. Council Business Meeting February 5, 2019 Agenda Item First Reading of an Ordinance Amending Ashland Municipal Code 2.13, Transportation Commission From Scott Fleury PE Deputy Public Works Director Contact scott.fleury(D_ashland.or.us 541-552-2412 SUMMARY Before the Council is an update to the Ashland Municipal Code (AMC) section 2.13 that establishes the Transportation Commission. The Transportation Commission requested the code be updated to include clarifications to their power and duties, and improve language associated with establishing a subcommittee on an as needed basis. POLICIES, PLANS & GOALS SUPPORTED Promote effective citizen communication and engagement 2.1 Engage community in conversation about core services, desired service levels and funding mechanisms. 2.2 Engage boards and commissions in supporting the strategic plan. Develop and support land use and transportation policies to achieve sustainable development. 13.3 Support alternative transportation choices. PREVIOUS COUNCIL ACTION At the November 11, 2012 Business Meeting, Council previously approved an ordinance update of AMC 2.13 that reduced the number of Transportation Commission members from nine to seven. BACKGROUND AND ADDITIONAL INFORMATION The Transportation Commission requested Public Works staff update AMC 2.13 that formalizes and establishes the Transportation Commissions goals and operating parameters. At the request of the Commission staff developed an update to AMC 2.13 to clarify commission duties, a specific link to the Planning Commission, and improve language for establishing a subcommittee. The Commission has reviewed and approved the amended code language. FISCAL IMPACTS The only fiscal impacts are soft costs associated with staff time to update the AMC. STAFF RECOMMENDATION Staff recommends Council approve first reading of the Ordinance and schedule a second reading. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1) I move to approve the first reading of an ordinance titled: An Ordinance Updating Ashland Municipal Code 2.13, Transportation Commission and move to second reading. 2) Take no action. REFERENCES & ATTACHMENTS Attachment 1: An Ordinance Amending Section 2.13 of the Ashland Municipal Code: Transportation Commission. Page 1 of 1 CITY OF ASHLAND 1 ORDINANCE NO. 3173 2 3 AN ORDINANCE AMENDING SECTION 2.13 OF THE ASHLAND MUNICIPAL CODE: TRANSPORTATION COMMISSION 4 5 Annotated to showdeletions and additions to the code sections being modified. Deletions are 6 bold lined through and additions are bold underlined. 7 8 WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: 9 Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow 10 municipalities, as fully as though this Charter specifically enumerated each of those 11 powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall 12 have perpetual succession. 13 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 14 15 SECTION 1. Chapter 2.13 is hereby amended to read as follows: 16 2.13.010 Purpose and Mission A. Role. The Transportation Commission advises the City Council and Planning Commission 17 on transportation related issues, as they rel to «,.safety, planning, f....A:ng and ..A......ae y f f 18 bieyele° transit, pedestrian and et"e° mede° ^f'YaflSpe atia^ including safety, planning, and funding for auto, truck, transit, ride hailing, bicycle and pedestrian modes, 19 and vehicle parking. 20 B. Mission. The need for a Transportation Commission is' emphasized in the Transportation 21 Element: 22 "Ashland has a vision - to retain our small-town character even while we grow. To achieve this vision, we must proactively plan for a transportation system that is integrated into the community 23 and enhances Ashland's livability, character and natural environment....The focus must be on 24 people being able to move easily through the City in all modes of travel. Modal equity then is more than just a phrase. It is a planning concept that does not necessarily imply equal financial 25 commitment or equal percentage use of each mode, but rather ensures that we will have the 26 opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community." 27 2.13.02 Established Membership 28 A. Voting Members. The Transportation Commission is established and shall consist of seven 29 (7) voting members as designated by the Mayor and confirmed by the council. Voting members 30 will all be members of the community at large and will represent a balance of interest in all modes of transportation. ORDINANCE NO. 3173 Page 1 of 3 I B. Staff Liaison. The Director of Public Works or designee shall serve as the primary staff 2 liaison and as Secretary of the Commission C. Nonvoting Ex Officio Membership. 'T'" Direeter „°n. blie Works er designee shall serve as 3 the primar-y staff liaison and as Seeretary of the Geminiss Including the staff liaison, there 4 will be twelve (12) total nonvoting ex officio members who will participate as needed and will 5 include one member of the Council as appointed by the Mayor, Community Development and Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of 6 Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson 7 County Roads, Airport Commission. 8 2.13.030 Powers and Duties, Generally The Transportation Commission will review and make recommendations on the following topics 9 as it relates to all modes of Transportation: 10 1. Safety: will develop, coordinate and promote transportation safety Pregrams policies and 11 programs; 12 2. Planning: 13 *Will review and serve as the primary body to develop recommendations for the City's long range transportation plans and assist with ancillary transportation plans (sidewalk and safe 14 routes to school, transit, traffic, parking, etc.). 15 *Will review and make recommendations to the Planning Commission on Type III Planning 16 Actions during the pre-application process. 17 3. Funding: will make recommendations to the City's tFan,.paptatio....eetion e fthe Cap:. 1 impreveme^t^ Pregfain; Public Works Director on the transportation section of the City's 18 Capital Improvements Program; 19 4. Advocacy: will advocate and promote all modes of transportation to ensure that modal equity 20 is a reality in Ashland. 21 *Facilitate coordination of transportation issues with other governmental entities. *Select one or more member liaisons members to attend and -participate meetings with other 22 transportation related committees in the Rogue Valley. 23 -*Examine multi-modal transportation issues. 24 5 The Transportation Commission will review and forward traffic implementation designs 25 to the Public Works Director for final approval and implementation. 26 2.13.050 Tra€fie Sub-Committees 27 A. Purpose. The purpose of-the T FF Sub ee *R enshle the Transfei4ation 28 t" {F.,.:tpn's that , e bef re the fill Commission and to a tl`e genera 29 T G will have . ffi6 „t t:"'° t de ate the r F..11 ..tt,...tion t,, the e " Il . a Transportation Commission subcommittee is to focus on 30 specific transportation topics of concern and bring back critical information for discussion with the whole body. ORDINANCE NO. 3173 Page 2 of 3 I B. Membership. Subcommittees will be established for a specified purpose and duration and will 2 consist of three regular members of the Transportation Commission who shall sit concurrently on the full Commission. Specific sub-committee members shall be appointed by the Transportation 3 Commission. The Public Works Director and Transportation Commission Chair shall determine 4 what matters warrant Sub-Committee involvement and meetings shall be convened on an as needed basis. 5 C. Minutes. Meetings must be noticed and must have summary minutes. No final decisions will 6 be made at the subcommittee level. All recommendations will go to the full Transportation 7 Commission. All Sub-Committee summary minutes will be forwarded for the next scheduled Transportation Commission meeting. 8 SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance 9 are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the 10 validity of the remaining sections, subsections, paragraphs and clauses. 11 SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, 12 and the word "ordinance" may be changed to "code", "article", "section", or another word, and 13 the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections [No(s.)] need not be codified, and the 14 City Recorder is authorized to correct any cross-references and any typographical errors. 15 16 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2019, and duly PASSED and ADOPTED 17 this day of 2019. 18 19 20 Melissa Huhtala, City Recorder 21 22 SIGNED and APPROVED this _ day of 2019. 23 24 25 26 John Stromberg, Mayor 27 Reviewed as to form: 28 29 30 David H. Lohman, City Attorney ORDINANCE NO. 3173 Page 3 of 3 Council Business Meeting February 5, 2019 Agenda Item Ordinance No. 3171 an Ordinance relating to overnight sleeping in vehicles; adding new AMC Chapter 10.48. From Kelly Madding City Administrator Contact kelly.madding(cD-ashland.or.us; 541-488-6002 SUMMARY Ordinance No. 3171 adds a new chapter to the Ashland Municipal Code (AMC): Chapter 10.48 related to overnight sleeping in vehicles. AMC Chapter 10.48 would allow overnight sleeping in a maximum of three vehicles on properties that are owned or leased by a Religious Institution or Place of Worship. POLICIES, PLANS, AND GOALS SUPPORTED Seek opportunities to enable all citizens to meet basic needs. Support innovative programs that protect the community. PREVIOUS COUNCIL ACTION During a Study Session on November 19, 2018, the City Council directed Staff to bring forward an Ordinance that allowed overnight sleeping in vehicles at religious institutions or places of worship. BACKGROUND AND ADDITIONAL INFORMATION On April 27. 2017, members of the Rogue Valley Unitarian Universalist Fellowship's (RVUUF) Social Justice and Action Committee presented information about a proposed Overnight Parking Program for homeless individuals to the Housing and Human Services Commission. The church allocated three parking spots behind one of the buildings at 87 0' Street and provided a porta-potty and a garbage bin for the campers. At the time of the presentation (and currently), the RVUUF committee members were uncertain about the path to legitimize the program. The Committee members expressed that their goal, if the program proved successful, was for other religious institutions in our community to participate. The Committee members presented this proposal to the City's Housing and Human Services (HHS) Commission to gain the Commission's support and work toward Council approval of a process for permitting this activity. The HHS Commission discussed the proposal at the regular meeting held on May 25, 2017. The Commissioners expressed an interest in moving this forward, but had many questions. The Commissioners invited Mr. Limb, a representative from the RVUUF Social Justice and Action Committee, to the June 28, 2018 meeting to provide the HHS Commission with an update on the program. The HHS Commission requested that Mr. Limb report back to them at future meetings with updates as the program matured and was refined. Mr. Limb was encouraged to develop and maintain: 1) an evaluation process and to record any issues that arose; 2) feedback from the neighbors; and 3) a methodology for the vetting process. On July 26, 2018, Mr. Limb presented an update to the HHS Commission on experiences and outcomes from the first year of operation. Limb reported that overall the experience had been good, there had been no litter or garbage left and no complaints from neighbors. It was the consensus of the HHS Commission Page I of 2 CITY OF ASHLAND to support the overnight parking program and to request that the Council discuss car camping at a future study session. The City Council held a Study Session on November 19. 2018 to discuss the matter and the Council directed Staff to develop an Ordinance to allow overnight sleeping in a vehicle at religious institutions or places of worship. The attached Ordinance is modeled after the Eugene Ordinance and defines "person in charge", "religious institution or place of worship" and "vehicle". The Ordinance limits the number of vehicles at any religious institution or place of worship to three and requires the provision of sanitary facilities. The Ordinance prohibits personal items to be visible from any public street and the requirement of any monetary charges for overnight sleeping. The Ordinance also gives the City Administrator or her/his designee the ability to prohibit this activity if she/he finds that such activity constitutes a nuisance or other threat to public health, safety, or welfare. FISCAL IMPACTS As this program has been operated by the RVUUF for over a year and has required no need for City resources, it is presumed that there will likely be minimal impact to City resources in the future. However, if this presumption is false, Staff will bring back those findings to the Council for further potential action. ACTIONS, OPTIONS, AND POTENTIAL MOTIONS 1. Approve First Reading of Ordinance No. 3171 and advance it to Second Reading for enactment. 2. Decline to approve First Reading of Ordinance No. 3171. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 3171. REFERENCES AND ATTACHMENTS Attachment 1: Proposed Ordinance No. 3171 Ii Page 2 of 2 CITY OF ASHLAND 1 ORDINANCE NO. 3171 2 AN ORDINANCE RELATING TO OVERNIGHT SLEEPING IN VEHICLES; ADDING 3 NEW AMC CHAPTER 10.48. 4 Annotated to show deletions and additions to the Ashland Municipal Code sections being 5 modified. Deletions are dough, and additions are bold underlined. 6 7 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 8 SECTION 1. New Chapter 10.48 is hereby added to the Ashland Municipal Code as follows: 9 10.48.020 Definitions 10 A. Person in charge. A person who has lawful control of a premises by ownership, 11 by official position, or by another legal relationship to the premises. 12 B. Religious Institution or Place of Worship. A structure used primarily as a 13 meeting area for religious activities. As used in this chapter, Religious Institution or 14 Place of Worship does not include a dwelling as defined in AMC 18.6.1.030. 15 C. Vehicle. A car, camper, travel trailer, recreational vehicle, or similar 16 conveyance. 17 10.48.040 Overnight Sleeping in Vehicles 18 A. Notwithstanding any other provision of the Ashland Municipal Code, persons 19 may sleep overnight in a vehicle in a parking lot of a Religious Institution or Place of 20 Worship that owns or leases real property on which a structure and an associated 21 parking lot are located, provided that said persons have obtained the permission of 22 the person in charge. The person in charge may not grant permission for more than 23 three (3) vehicles used for sleeping to utilize the parking lot at any one time. 24 B. A person in charge who allows a person or persons to sleep overnight in a vehicle 25 on the premises pursuant to subsection A of this section shall: 26 1. Provide or make available on the premises sanitary facilities including, 27 but not limited to, toilet, hand washing, and trash disposal facilities; 28 2. Not allow the overnight users' personal items to be visible from any public 29 street; and 30 3. Not require payment of any fee, rent, or other monetary charge for overnight sleeping in a vehicle as authorized by this section. ORDINANCE NO. 3171 Page 1 of 3 I C. A person in charge who permits overnight sleeping in a vehicle pursuant to 2 subsection A of this section may revoke that permission at any time and for any 3 reason. Any person who receives permission to sleep on a premises as provided in 4 subsection A of this section shall leave the premises immediately after permission 5 has been revoked. 6 D. Notwithstanding any other provision of this section, the City Administrator or 7 the City Administrator's designee may prohibit overnight sleeping in a vehicle at a 8 premises as provided in subsection A of this section if the City Administrator or 9 the City Administrator's designee finds that such activity on the premises 10 constitutes a nuisance or other threat to public health, safety, or welfare. 11 E. In addition to any other penalties that may be imposed, any premises used for 12 overnight sleeping in a manner not authorized by this section or other provisions of 13 this Code shall constitute a nuisance and may be abated as such. 14 F. Nothing in this chapter creates any duty on the part of the City, its employees, or 15 its agents to ensure the protection of persons or property with regard to overnight 16 sleeping in vehicles. 17 10.48.060 Enforcement 18 The City has the administrative authority to implement and enforce this chapter, including 19 the adoption of administrative rules, regulations, or policies. This provision shall not be 20 construed to abrogate or limit the jurisdiction or authority of the Ashland Police 21 Department or any other law enforcement agency. 22 SECTION 2. Codification. In preparing this ordinance for publication and distribution, the 23 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within 24 such limitations, may: 25 (a) Renumber sections and parts of sections of the ordinance; 26 (b) Rearrange sections; 27 (c) Change reference numbers to agree with renumbered chapters, sections or other parts; 28 (d) Delete references to repealed sections; 29 (e) Substitute the proper subsection, section, or chapter numbers; 30 (f) Change capitalization and spelling for the purpose of uniformity; (g) Add headings for purposes of grouping like sections together for ease of reference; and ORDINANCE NO. 3171 Page 2 of 3 I I (h) Correct manifest clerical, grammatical, or typographical errors. . 2 SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable, 3 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the 4 remainder of this ordinance shall remain in full force and effect. 5 PASSED by the City Council this day of 2019. 6 7 8 ATTEST: 9 10 11 12 City Recorder 13 14 SIGNED and APPROVED this day of 2019. 15 16 17 John Stromberg, Mayor 18 19 20 21 Reviewed as to form: 22 23 24 David H. Lohman, City Attorney 25 26 27 28 29 30 ORDINANCE NO. 3171 Page 3 of 3 Council Business Meeting February 5, 2019 Agenda Item An Ordinance to Amend the Ashland Fire Prevention Code AMC Chapter 15.28 From Ralph Sartain Division Chief, Fire & Life Safety Contact ralph.sartain(&ashland. or.us (541) 552-2229 SUMMARY The Fire & Life Safety Division of Ashland Fire & Rescue wishes to amend the Ashland Municipal Fire Code to correct typographical errors, bring the code in line with the fee statement, allow the Ashland Police Department to enforce Fire Code Violations on private property, provide an exception for the 4t" of July Community Aerial Display, and bring clarity to the inspection testing and maintenance requirements of the City of Ashland. POLICIES, PLANS & GOALS SUPPORTED 27.2 Inspections of Businesses and Multi-Family Residences 27.3 Target Hazard Fire Inspections 27.9 Burn Enforcement and Permits 27.11 Plans Review of Fire Protection Systems 49.1 Insure that codes and plan checks are consistently reviewed PREVIOUS COUNCIL ACTION Ord. 3104, 2014 to adopt 2014 Oregon Fire Code Ord. 3037 amended 09-07-2010 to adopt 2010 Oregon Fire Code Ord.2944 amended 11-06-2007 to adopt 2007 Oregon Fire Code BACKGROUND AND ADDITIONAL INFORMATION A review of the current sections contained in AMC Chapter 15.28 showed the need to modify and/or amend language to bring the code up to current standards and requirements for the City. Because the City of Ashland is a nonexempt fire jurisdiction the modifications/amendments have been reviewed and approved by the Office of the Oregon State Fire Marshal. Please see listed changes per section: Section 1: Typographical and grammatical errors corrected. Section 2: Typographical / grammatical errors corrected. • Addition of definition for fire code official. • Re-numbering section. Section 3: Typographical and grammatical error corrected. Section 4: Typographical and grammatical errors corrected. • With the City of Ashland adopting and becoming a wildland urban interface community, this section was changed to provide a clear path of burning compliance, burning restrictions and relief for contractors during fire season. Section 5: Typographical and grammatical errors corrected. • Addition of operational and construction permits in several sections of section 5 to identify permits for which the city collects fees. • Identifying when and how after hour and re-inspection fees are calculated. Page I of 2 CITY OF ASHLAND • Oregon law does not allow law enforcement to enforce infractions on private property. Addition of section 503.4 allows law enforcement to issue fire lane, fire hydrant, and fire access citations under authority of the fire code official. • Explains how inspection, testing and maintenance contractors submit reports to the fire department for work being conducted in the City of Ashland as well as certifications they are required to carry. • Section 5601.1.3 Fireworks are prohibited in the City of Ashland. Added #5 which allows the city an exception to issue an Ariel display permit for the public (4t" of July Chamber Festival fireworks show). • OFC Appendix A101.11/ OFC Appendix D105.1/ D105.2: In 1999 there were several changes to the land use code in the City of Ashland. The adopted fire code at the time was modified to meet the requirements of the land use. This section is more restrictive then the fire code for the State of Oregon. Because of this, the city council has to hear issues /complaints/ appeals related to grievances from contractors for the more restrictive section only. As a nonexempt jurisdiction all other complaints about the code or building issues must be heard by Oregon State Fire Marshal (OSFM) not city council. The previous adopted fire code had the complaints being sent to the OSFM office. OSFM cannot hear complaints related to a locally adopted fire code with changes. Section 6: Addition of the word Fire to (Fire) Chief. Section 7: Addition of clear statement for Ashland Municipal Court on how fines can be calculated. Section 8: No changes Section 9: No changes Section 10: No changes FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends approval of the 2nd reading of Ordinance No. 3156. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the 2nd reading of Ordinance No. 3156 to amend the Ashland Fire Prevention Code AMC Chapter 15.28. REFERENCES & ATTACHMENTS Attachment 1: Ordinance No. 3156 Page 2 of 2 CITY OF ASHLAND i 1 ORDINANCE NO. 3156 2 AN ORDINANCE TO AMEND THE ASHLAND FIRE PREVENTION CODE 3 AMC CHAPTER 15.28 4 Annotated to show deletions and additions to the Ashland Municipal Code sections being 5 modified. Deletions are bold lined threugh, and additions are bold underlined. 6 7 WHEREAS, the Fire and Life Safety Division wishes to amend the Ashland Municipal Fire 8 Code to correct typographical errors, bring the code in line with the fee statement, allow the 9 Ashland Police Department to enforce Fire Code violations on private property, provide an 10 exception for the 4th of July Community Aerial Display and bring clarity to the inspection testing 11 and maintenance requirements to the City of Ashland. 12 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 13 SECTION 1. Ashland Municipal Code Section 15.28.010 is amended as follows: 14 Section 15.28.010 Adoption of Oregon Fire Code 15 Except as specifically excluded or modified by this Chapter, the City of Ashland adopts 16 Tthe 2014 Oregon Fire Code and appendices A through D, F through N version„ which are 17 her-e1.. adopted, . ept.. he ° ci fle.lly excluded or- modified by this seet:on, will be 18 referred to in the Ashland Municipal Code as the Oregon Fire Code( OFC"). One copy of the 19 Oregon Fire Code and appendices shall be filed in the office of the City Recorder. 20 SECTION 2. Ashland Municipal Code Section 15.28.030 is amended as follows: 21 15.28.030 Definitions 22 The following definitions govern the construction of this Chapter: 23 1. "Jurisdiction" as used in the Oregon Fire Code, means the City of Ashland ("Ashland"). 24 2. "Department of Fire Prevention" as used in the Oregon Fire Code, means "Fire & Life Safety 25 Division." 26 3. "Fire Code Official", as used in the Oregon Fire Code, means the Division Chief of Fire 27 and Life Safety or designee. 28 34. "Apparatus cost" means the standardized cost, including repairs and depreciation, for the use 29 of Ashland Fire and Rescue ("AF&R') and public works apparatus or equipment, as set forth in 30 adopted regulations of the State Fire Marshal or in City resolution, and the cost for the use of ORDINANCE NO. 3156 Page -I of 10 I I apparatus or equipment of another jurisdiction which may respond to an incident pursuant to 2 statute or intergovernmental agreement. 3 45. "Direct costs" means those costs of supplies, apparatus and labor incurred by the City or 4 another jurisdiction in responding to an incident and as may be set forth in adopted regulations of 5 the State Fire Marshal or in City resolution. 6 36. "Direct fire or rescue services" means any service provided by employees of the City, (1) to 7 a person whose person or property is injured or threatened with injury; or (2) to a person whose 8 property has injured or threatens to injure another person or another person's property, for which 9 a charge is not otherwise imposed under this code. "Direct fire or rescue services" includes, but 10 is not limited to, the suppression of fires, the rescue of persons or property, the provision of 11 medical assistance, and containment and cleanup of hazardous materials. 12 67. "Indirect costs" means those costs that are set forth in adopted regulations of the State Fire 13 Marshal or in City resolution, and which are the product of the state "average response 14 availability rate," and the time spent responding to an incident, together with the state "average 15 support services cost per incident," as defined by the State Fire Marshal. 16 78. "General costs" means direct or indirect costs that are not attributable to any particular 17 person who received direct fire and rescue services. 18 S9. "Gross negligence" means conduct with conscious indifference to or reckless disregard of 19 the rights of others. 20 910. "Labor costs" means the compensation paid by the City to its employees, including but not 21 limited to base pay, overtime pay and fringe benefits, during the time spent responding to an 22 incident. 23 3-011. "Railroad right-of-way" means a right-of-way used for rail transportation. 24 4412. "Transportation route" means a roadway or waterway against which no taxes or 25 assessments for fire protection are levied by the City. 26 SECTION 3. Ashland Municipal Code Section 15.28.050 is amended as follows: 27 15.28.050 Wire Protection System Maintenance 28 Fire protection systems service providers providing inspections, tests, and maintenance required 29 by OFC 901.6. and the referenced standards shall be qualified and shall provide the inspections, 30 tests, and maintenance in accordance with the referenced standards. Failure by a company or individual service provider to follow the referenced standards is a Class I violation. ORDINANCE NO. 3156 Page 2 of 10 I SECTION 4. Ashland Municipal Code Section 15.28.060 is amended as follows: 2 15.28.060 Restricted uses during fire season 3 A. When the Fire Code Offleial determines that an inereased fire risk e*ists in the City 0 4 Ashland, t{. Lire Code Official may enaet a a oli a to ..t.. et aet:°;ties that increase thee 5 resources. potential for- the ignition of fir-es that er-ente a hazard to life, pr-opeFty or- 6 The City of Ashland will follow the Oregon Department of Forestry ("ODF") burn 7 restrictions and regulations during fire season. Open flame and fire pits are prohibited at 8 high fire index. 9 Exemption: A seasonal permit for contractors can be obtained for use within the City of 10 Ashland to allow for powered equipment use during fire season. (IE: Landscape, 11 Construction, Etc.). Working on or within an 1/8 of a mile of ODF protected property 12 requires an additional permit issued from ODF. 13 B. The poliey must indieate what aetivities are r-estr-ieted, and the time period for- whieh 14 the restr-ietian 14111 be in effeet. 15 C. For- the purposes ef eensisteney and eeer-dination between all eeoperating ageneies with a plan shall be developed by the mr-e. C-ode 0- ffieial in eooper-ation 16 boundaries, adjaeent of For-estFy and other- federal, state and loeal o "tal 17 with 1 Oa Department r 18 19 uniformity of fir r-estrietions regardless of land ship; 6d....d ,er et_uniformity `s a The plan shall reeognime ..tie ° fi Fe danger and it shall °a ei fy levels of 20 of required. r 21 boundaries. restrietions by unique but easily r-eeognizable geographie 22 " Permits maybe issued by tThe Fire Code Official or designees; may issue a permit which 23 allows a person to conduct a restricted activity as long as specified fire prevention measures are 24 taken to reduce the potential for fire ignition. Contractors, such as those performing 25 landscape or construction work, may obtain a seasonal permit for use within the City to 26 allow for powered equipment used during fire season. Working on or within one eighth of 27 a mile of ODF-protected property requires an additional permit issued by ODF. 28 SECTION 5. Ashland Municipal Code Section 15.28.070 is amended as follows: 29 15.28.070 Amendments City of Ashland Modifications to the Oregon Fire Code 2014 30 Edition ORDINANCE NO. 3156 Page 3 of 10 I The Oregon Fire Code is amended in the following r-espeets Ashland Fire Prevention 2 Code incorporates the Oregon Fire Code 2014 edition except that the following referenced 3 OFC sections are modified as set forth below: 4 B. OFC Section 104.6.3 is is modified by the addition of the following language: 5 Fire Investigation Reports for fires that are under investigation will not be released until 6 the investigation is complete. Exception: The Fire Chief may release incomplete Fire 7 Investigation Reports if warranted. 8 C. OFC Section 106.2 is modified by the addition of the following language: 9 1. Inspections outside of normal business hours:. The Fire & Life Safety Division will 10 make every attempt to conduct inspections during normal business hours (Monday 11 thru Friday 8 am to 5 pm). If the applicant or business owner's agent requests an 12 inspection outside of normal business hours, or if the Fire Code Official determines a 13 permit inspection is required and there is no other alternative but to conduct the 14 inspection outside of normal business hours, the Fire Code Official shall inform the 15 applicant or business agent there will be an after-hours inspection fee of $150.00. The 16 inspection will not be performed until the required fees have been paid. 17 For additional information see City of Ashland Fee Schedule. 18 2. Re-Inspection Fees, each Fire & Life Safety inspection is provided with one 19 additional re-inspection at no additional cost to the business. If a second re-inspection 20 is required, a fee of the base inspection plus $100 shall be assessed. If a third re- 21 inspection is required, a fee of the base inspection plus $200.00 shall be assessed. If a 22 fourth re-inspection is required, a fee of the base plus $400.00 shall be assessed. 23 For additional information see City of Ashland Fee Schedule. 24 D. OFC Section 105.1.1 is modified by the addition of the following language: 25 A schedule of permit and service fees not more than the actual or average cost of 26 providing service shall be established by resolution of the City Council and 27 periodically amended by Council resolution and kept at Ashland Fire & Rescue and 28 in the City Recorder's office. Required permits include, but may not be limited to, the 29 following list: 30 1. Operational Permits: a. Fireworks, public display of b. Exhibits and trade shows ORDINANCE NO. 3156 Page 4 of 10 I c. Fumigation and thermal insecticidal fogging 2 d. Liquid or gas-fueled vehicles or equipment in assembly buildings e. Pyrotechnic and special effects material 3 f. Temporary membrane structures, tents and canopies over 400 square feet 4 g. Activities involving open flames h. Haunted Houses 5 i. Marijuana processing 6 2. Construction/Use Permits: a. Automatic fire-extinguishing systems 7 b. Battery Systems 8 c. Compressed gases d. Fire alarm and detection systems 9 e. Fire Pumps 10 f. Flammable and Combustible Liquid Storage g. Hazardous Materials 11 h. Industrial Ovens 12 i. LP-gas >125 gallons i. Private Fire Hydrants 13 k. Spraying or dipping operations 14 1. Standpipe systems m. Fire Sprinkler Systems 15 E. OFC Section 105.6.30 Open Burning is modified by deleting the current language of this 16 OFC provision entirely and adding the following language: See Ashland Municipal Code 17 10.30. 18 F. OFC Section 503.4 is modified by the addition of the following language. 19 1. The Ashland Police Department shall have the authority to issue fire code citations 20 for the following offenses on public and private properties: 21 a. Obstruction of marked fire apparatus access roads and fire lanes (Ref. OFC 22 503.4; 503.2.1) 23 b. Failure to maintain existing NO PARKING - FIRE LANE signs/markings (Ref. 24 OFC 503.3; D103.6) 25 c. Obstruction of fire hydrants and fire protection equipment (Ref. OFC 507.5.4; 26 ORS 811.550 (16)) 27 28 BG. OFC Section 506.1. Add the following sentence: The key box shall be installed and 29 maintained in accordance with the manufacturer's instructions, and shall contain keys to gain 30 necessary access as required by the €Fire eCode eOfficial. ORDINANCE NO. 3156 Page 5 of 10 I C-H. OFC Section 507.5. 1. Delete and replace with the following: Where required. Where a 2 portion of the facility or building hereafter constructed or moved into or within the jurisdiction is 3 more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved 4 route around the exterior of the facility or building, on-site fire hydrants and mains shall be 5 provided where required by the €Fire eCode e0fficial. 6 Exceptions: 7 1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet. 8 2. For buildings equipped throughout with an approved automatic sprinkler system installed in 9 accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement shall be 600 10 feet (183 m). 11 M. OFC Section 307 is modified by deleting the current language of this OFC provision 12 entirely and adding the following language: Refer to AMC 10.30. 13 KJ. OFC Section 901.61 Records: is modified by deleting the current language of this OFC 14 provision entirely and adding the following language: 15 Records of all system inspections, tests, and maintenance (ITM) required by the referenced 16 standards shall be maintained on the premises for a minimum of three years and service 17 contractors shall send reports of tests to the City of Ashland Fire & Life Safety Division within 18 30 days of performing the inspection and test. The manner in which contractors shall submit 19 ITM reports to Ashland Fire & Rescue shall be specified by the Fire Code Official. 20 K. OFC Section 904.1.1 is modified by the addition of the following language: 21 Fire protection system service providers providing inspections, tests, and maintenance 22 required by OFC 901.6 and the referenced standards shall be qualified and shall provide 23 the inspections, tests and maintenance in accordance with the referenced standards. 24 Where the manufacturer requires only manufacturer certified technicians to conduct 25 inspection, testing and maintenance service on their engineered fire protection systems, 26 uncertified technicians shall not service the system. Prior to conducting service in the City 27 of Ashland the technicians shall provide a current manufacturer certification in a manner 28 specified by the Fire Code Official. 29 FL. OFC Section 5601.1.3: is modified by the addition of the following language: 30 Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR ORDINANCE NO. 3156 Page 6 of 10 1 837-012-0675, the sale of retail fireworks as defined in OAR 837-012-0610 is prohibited within 2 the City of Ashland. 3 1. The sale and/or use of retail fireworks as defined in OAR 837-012-0610 is prohibited at 4 all times within the City of Ashland; 5 2. The sale and/or use of sparklers as defined in ORS 480.110 is prohibited at all times; 6 3. The stora e of retail fireworks within the City of Ashland is prohibited at all times; and 7 4. The advertising of retail fireworks or sparklers is prohibited within the City of Ashland in 8 accordance with ORS 480.152 and OAR 837-012-0665. 9 5. As a limited exception from the prohibitions in provisions 1 through 4 above, the use 10 of fireworks for public display is allowed in conformance with NFPA 1123 Code for 11 Fireworks Display, current edition, with a valid Ashland Fire & Rescue Fireworks 12 Permit. 13 GM. OFC Section 5601, Storage of Explosives -Prohibited, is modified by the addition of the 14 following language: The scope referred to in Chapter 5601 of the Oregon Fire Code which 15 references the Oregon Revised Statutes and Oregon Administrative Rules related to explosives is 16 amended as follows. The sale, manufacture, possession, transfer and storage of explosives as 17 defined by ORS 480.200(3) are prohibited in all areas within the City of Ashland except as 18 specifically permitted in writing by the Fire Code Official. 19 11N. OFC Section 5704, Above-Ground Storage of Flammable or Combustible Liquids, is 20 modified by the addition of the following language: The limits referred to in Section 21 5704.2.9.6.1 of the Oregon Fire Code in which the storage of flammable or combustible Class I 22 and II liquids in above-ground tanks outside of buildings is restricted are established as follows: 23 All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 24 All installation and removal of above ground storage units requires an operational permit 25 from Ashland Fire & Rescue. New above-ground bulk storage plants for flammable or 26 combustible liquids are prohibited within this jurisdiction. 27 10. OFC Section 6104, Storage of Liquefied Petroleum Gases - Restrictedi The limits 28 referred to in Section 6104.2 of the Oregon Fire Code, in which storage of liquefied petroleum 29 gas is restricted, are established as follows: All City of Ashland residential and historical district 30 areas as defined in the Comprehensive Plan are limited to the aggregate capacity of anyone installation shall not exceed a water capacity of 500 gallons. ORDINANCE NO. 3156 Page 7 of 10 I Exception: In particular installations, this capacity limit shall be determined by the Fire Code 2 Official, after consideration of special features such as topographical conditions, nature of 3 occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection 4 to be provided and capabilities of the City of Ashland Fire & Rescue Department. 5 JP. OFC Appendix A101.11:, is modified by the addition of the following language: A 6 decision by the Ashland Fire Code Official may be appealed to a Board of Appeals 7 established pursuant to Oregon Fire Code Section 108 of the Oregon Fire Code. An 8 appellant aggrieved by the decision of the Board of Appeals, may appeal to the Oregon State 9 Fire Marshal as provided in ORS 479.180 if the subject of the appeal concerns a matter 10 governed exclusively by the Oregon Fire Code and the appeal is filed within 10 days of the 11 Board's final order. If an appeal from the decision of the Board of Appeals, however, 12 concerns a matter reserved by this Ashland Fire Prevention Code (Ashland Municipal Code 13 Chapter 15.28) for local decision-making, such an appeal must be submitted in writing to the 14 Ashland City Council within 10 days of the Board's final order. A decision by the City 15 Council shall be the final decision of the City and may not be appealed to the State Fire 16 Marshal. 17 1£Q. OFC Appendix D105.11 Aerial Fire Apparatus Access Roads. Remove and replace 18 D105.1 with the f flew:.. , is modified by deleting the current language of this OFC 19 provision entirely and adding the following language:: Where required. (Buildings or 20 portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire 21 department vehicle access shall be provided with approved fire apparatus access roads 22 capable of accommodating fire department aerial apparatus.) Where the vertical distance 23 between the grade plane and the highest roof surface exceeds 24 feet approved aerial fire 24 access roads shall be provided. For the purposes of this section, the highest roof surface 25 shall be determined by measurement to the eave of a pitched roof, the intersection of the 26 roof to the exterior wall, or the top of parapet walls, whichever is greater. Overhead utility 27 and power lines shall not be located within the aerial fire apparatus access roadway or between 28 the aerial fire access road and the building. 29 LR. OFC Appendix D105.2, is modified by 30 deleting the current language of this ofc provision entirely and adding the following language: Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 ORDINANCE NO. 3156 Page 8 of 10 I feet in the immediate vicinity of any building or portion of building more than 24 feet in height. 2 (Ord. 3059, amended, 04/17/2012; Ord. 3037, amended, 09/07/2010; Ord. 3006, amended, 3 03/02/2010; Ord. 2944, amended, 11/06/2007; Ord. 2932, amended, 10/18/2006; Ord. 2929, 4 amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended, 01/05/2006; Ord. 5 2876, amended, 09/04/2001; Ord. 2871, amended, 08/07/2001; Ord. 3104, amended, 2014) 6 7 SECTION 6. Ashland Municipal Code Section 15.28.090 is amended as follows: 8 15.28.090 New Materials, Processes, or Occupancies - Permits required 9 The Building Official, the Fire Chief and the Fire Marshal shall act as a committee to determine 10 and specify, after giving affected persons an opportunity to be heard, any new materials, 11 processes or occupancies for which permits are required in addition to those now enumerated in 12 the Oregon Fire Code. The Building Official, in accordance with section 104.9 of the Oregon 13 Structural Specialty Code, shall record and enter in the fills of the building department any 14 action granting approval of new or alternate materials. 15 SECTION 7. Ashland Municipal Code Section 15.28.100 is amended as follows: 16 15.28.100 Penalties 17 A. Any person violating or causing violation of any of the provisions of this chapter, has 18 committed a Class I violation, and upon conviction thereof, is punishable as prescribed in 19 Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is guilty of a 20 separate violation for each and every day during which any violation of this Chapter is 21 committed or continued by such person, firm or corporation. This violation can be 22 retroactively applied to the first day the occupant or owner was made aware of the 23 violation by the Fire Code Official. 24 B. For any violations of this Chapter deemed to be life threatening, a citation can be issued for 25 each and every occurrence, including multiple occurrences in one day. Life threatening hazards 26 include but are not limited to overcrowding, locking or obstructing doors designated to remain 27 unlocked, and shutting off or removing designated fire protection equipment. 28 C. The application of the above penalty shall not be held to prevent the enforced removal of 29 prohibited conditions. 30 SECTION 8. Ashland Municipal Code Section 15.28.160 is amended as follows: 15.28.160 Code Compliance Inspection - Fees ORDINANCE NO. 3156 Page 9 of 10 I The schedule for fire code compliance inspections shall be established by resolution of the City 2 council. 3 SECTION 9. Codification. In preparing this ordinance for publication and distribution, the 4 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within 5 6 such limitations, may: 7 (a) Renumber sections and parts of sections of the ordinance; 8 (b) Rearrange sections; 9 (c) Change reference numbers to agree with renumbered chapters, sections or other parts; 10 (d) Delete references to repealed sections; 11 (e) Substitute the proper subsection, section, or chapter numbers; 12 (t) Change capitalization and spelling for the purpose of uniformity; 13 (g) Add headings for purposes of grouping like sections together for ease of reference; and 14 (h) Correct manifest clerical, grammatical, or typographical errors. 15 SECTION 10. Severability. Each section of this ordinance, and any part thereof, is severable, 16 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the 17 remainder of this ordinance shall remain in full force and effect. 18 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) 19 of the City Charter on the day of 12018, and duly PASSED and ADOPTED 20 this day of 12018. 21 22 23 Melissa Huhtala, City Recorder 24 25 SIGNED and APPROVED this day of 2018. 26 27 28 John Stromberg, Mayor 29 Reviewed as to form: 30 David H. Lohman, City Attorney ORDINANCE NO. 3156 Page 10 of 10 Council Business Meeting February 5, 2019 Agenda Item Solid Waste Franchise Ordinance Modification - 2nd Reading From Adam Hanks Assistant to the City Administrator Contact Adam. hanks(a)-ashland.or.us 541-552-2046 SUMMARY The City of Ashland has a current franchise agreement for solid waste and recycling collection services with Recology Ashland that is executed via ordinance. The consumer price index (CPI) utilized in the current franchise ordinance to determine annual rate adjustments has been discontinued and is obsolete. The proposed ordinance rectifies that with the replacement of the now outdated CPI-U with a new index, the CPI-Pacific. This proposed ordinance modification only changes the index used to calculate solid waste and recycling rates and does not alter the existing rates, which are separately approved by Council annually via resolution. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION At its January 15, 2019 Business Meeting, Council approved the first reading of this CPI replacement ordinance with unanimous approval. Council adopted the existing franchise agreement contained in ordinance #3090 in October of 2013 which repealed ordinances 2829 and 2582 as well as an accompanying resolution 2013-32 establishing administrative operations and rules and service rates for the solid waste and recycling collection franchise. Council has also annually approved rate adjustment resolutions consistent with both the franchise agreement ordinance and administrative operations and rules resolution each year since 2014. BACKGROUND AND ADDITIONAL INFORMATION The current solid waste and recycling collection franchise agreement is a ten year agreement. Each year after the initial term, the agreement renews automatically for an additional seven year period, unless terminated under terms specified in the franchise ordinance. One of the key elements of the franchise agreement is the process and methodology utilized to develop and adjust service rates. A consumer price index (CPI) is utilized to allow for incremental and predictable rate adjustments rather than the past history of intermittent, but significant rate increases. The CPI specified in this franchise agreement was a common and often utilized Consumer Price Index for All Urban Consumers (CPI-U). City and Recology Ashland staff met several times since the CPI-U was announced to be discontinued and researched a variety of potential replacement indexes that would provide equal or better representation of cost drivers impacting expenses incurred by Recology Ashland to provide the services specified in the franchise agreement. Both City and Recology Ashland staff determined that the newly created CPI-Pacific Page I of 2 CITY OF ASHLAND regional index best fits as a replacement to the CPl-U. Other "finalists" included the Seattle-Bellevue index, the San Francisco index and the larger West Region index. The Pacific index is recommended due to its larger geographic area which takes data samples from eleven areas within the five state region that it covers providing a good balance of being broad enough to minimize one particular market fluxuation but not so broad that it doesn't accurately represent actual regional cost changes effectively. Several documents from the US Bureau of Labor Statistics are attached for additional reference. FISCAL IMPACTS The recommendation to adopt the newly created CPI-Pacific index does not impact existing solid waste and recycling collection service rates and is intended to provide an equivalent index to use for future rate adjustment calculations that are completed and presented to Council annually in March, consistent with the rate adjustment process and methodology described in section 8 of franchise ordinance 3090. STAFF RECOMMENDATION Staff recommends Council approve second reading of the replacement of the CPI-U with the newly created CPI- Pacific. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1) I move to adopt by second reading an ordinance modifying a franchise agreement for solid waste management and collection within the City of Ashland and repealing ordinance 3090. REFERENCES & ATTACHMENTS Attachment 1: Draft Ordinance replacing ordinance 3090 (inclusion of CPI-Pacific) Attachment 2: US Bureau of Labor and Statistics - CPI Revisions for 2018 data sheets Page 2 of 2 CITY OF -ASHLAND 1 2 ORDINANCE NO. 3172 3 AN ORDINANCE MODIFYING A FRANCHISE AGREEMENT FOR 4 SOLID WASTE MANAGEMENT & COLLECTION WITHIN THE CITY 5 OF ASHLAND AND REPEALING ORDINANCE 3090, 6 7 WHEREAS, Oregon Revised Statutes Chapter 459 grants the City the authority to regulate solid waste collection and mandates the development of a recycling program; and 8 9 WHEREAS, the City desires to insure efficient and comprehensive materials waste management and collection services are available to all residents, businesses and organizations in the City 10 11 WHEREAS, ordinance 3090, adopted by Council October 1, 2013, contained a reference in section 5.8 that established the use of the Consumer Price Index for All Urban Consumers (CPI- 12 U) as the means to adjust future solid waste and recycling rates that has been discontinued and 13 thereby needs to be updated to reflect a currently available index for future rate adjustment requests. 14 15 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 16 SECTION 1: Title. This ordinance shall be titled and referred to as the "Solid Waste 17 Management Franchise Ordinance". 18 SECTION 2: Purpose. It is the policy and purpose of the City of Ashland to protect the health, 19 safety and welfare of the citizens and physical environment of Ashland through the regulation of solid waste management. This regulation will: 20 21 a) Insure safe, economical, efficient and comprehensive solid waste management services (SWMS) as further defined in this Ordinance; 22 23 b) Assist the community in reaching and surpassing recycling and waste diversion rates of the Jackson County waste shed; 24 25 c) Insure fair and equitable service rates and charges across all customer classes to achieve safe and efficient collection, transportation and recover of solid waste, recyclables and 26 compostable materials; 27 d) Meet or exceed all applicable Oregon Revised Statutes (ORS) 459 regulations relating to 28 Solid Waste Management prescribed to local jurisdictions and their authorized 29 franchisee; and 30 e) Insure consistent and responsive service and communication with citizens regarding solid waste management operations, education and requirements including waste prevention, ORDINANCE NO. 3172 Page 1 of 21 I product life cycle impacts, waste diversion opportunities, recycling best practices and 2 standards and general waste shed stewardship. 3 SECTION 3: Scope. Services defined, regulated and authorized in this ordinance are applicable 4 only within the city limits of the City of Ashland and all future urban growth boundary annexations occurring during the term of this ordinance. 5 6 SECTION 4: Definitions. Except where the context clearly indicates a different meaning, or where a term is defined below, definitions contained within ORS 459.005 at the time of adoption 7 or as further amended in the fixture, and regulations promulgated under state law are applicable to 8 this ordinance. 9 Administrative Operations Standards and Rules 10 All standards and rules approved by resolution of Council defining specific operating rules and procedures that support and insure compliance with this Ordinance. 11 12 Affiliated Company Any company which shares expenses and/or revenues with the Franchisee with respect to the 13 services under this Franchise and is: I) the parent company (corporation, partnership or 14 limited liability company) of Franchisee; or, 2) any subsidiary of such parent company; or, 3) any company of which thirty percent (30%) or more of the common stock or control is owned 15 or controlled by Franchisee; or Franchisee's share holders; Examples of such shared costs 16 include, but are not limited to: labor, equipment, vehicles, insurance, or administrative costs. 17 Allowable Expenses 18 Those expenses incurred by Franchisee in the performance of this Franchise that are allowed by the City as reimbursable by the ratepayer as enumerated below. Allowable Expenses are 19 allowable only to the extent that such expenses are known and measurable, calculated 20 according to Generally Accepted Accounting Principles (GAAP) on an accrual basis, and comply with the cost allocation methodology contained within this ordinance to the 21 Franchisee's operations within the City, do not exceed the fair market value of comparable 22 goods or services, and are commercially reasonable and prudently incurred by the Franchisee solely in the course of performing its obligations under the Franchise. Allowable expenses, 23 shall include but not be limited to the following: 24 a. The costs of complying with all laws, regulations or orders applicable to the 25 obligations Franchisees under federal, state or local law, including this ordinance, as 26 well as costs for financial reporting, accounting and regulatory processes associated with or required by this franchise or under law; as now or hereafter amended; 27 b. Disposal costs; 28 c. Labor costs, including operational and supervisory labor, payroll taxes, workers' compensation, and benefits, as well as third party transportation costs; 29 d. Vehicle and equipment expenses, including vehicle registration fees, motor fuel, oil, 30 tires, rental charges and/or operating lease payments and repairs and maintenance; ORDINANCE NO. 3172 Page 2 of 21 I e. Expenses of maintaining other capital assets, including rental charges and/or 2 operating lease payments and repair and maintenance, to include container maintenance and repair costs; 3 f. Performance bonds and insurance in at least the amounts and coverages required by 4 the City; g. All administrative and management costs and expenses reasonably allocated for the 5 services required under this Franchise, including, but not limited to compensation, 6 management fees, and benefits for officers and employees, payroll taxes, data processing, billing, equipment or facility rental or lease costs, supplies, finance and 7 accounting, administration, human resource and labor management, rate analysis, and 8 regulatory compliance; h. Utilities; 9 i. Training, worker safety and employee development expenses; 10 J. Promotion and-public education costs; k. Depreciation and amortization of capital assets, including any necessary stand-by or 11 back-up equipment used on a regular and ongoing basis in the provision of services 12 under this Franchise over standardized economic useful lives of the various assets; 1. Outside professional fees and costs, limited to two percentage points of revenue, 13 unless an extraordinary circumstance exists; 14 in. Interest expense, other than interest paid with respect to route or Franchise acquisition, that is not in excess of market rates ordinarily charged for the various 15 types of financing required for purchases or leases; 16 n. All surcharges, taxes or fees, other than state or federal income taxes or franchise fees, which are imposed upon the Franchisee or levied by federal, state or local 17 government in connection with Franchisee's provision of collection services under 18 this Franchise; o. Direct write-off charges for bad debts; and 19 p. Franchise fees assessed by the City. 20 Allowable expenses as defined above shall be reasonable if they are comparable with the 21 expenses incurred by similarly situated solid waste and recycling collection companies on the 22 West Coast of the United States. 23 Automated Collection System 24 A type of collection system that utilizes standardized roll carts and mechanically assisted collection equipment designed to minimize direct human handling of customer waste set out 25 for collection. 26 Bulky Wastes 27 Large items of solid waste such as appliances, furniture large auto parts, trees, branches 28 greater than four inches in diameter and 36 inches in length, stumps and other oversized wastes whose large size precludes or complicates their handling by normal collection, 29 processing or disposal. methods. 30 City The existing city limits and future annexations of the City of Ashland, OR. ORDINANCE NO. 3172 Page 3 of 21 1 2 City Council or Council The City Council of the City of Ashland. Commercial 3 Stores; offices, including manufacturing and industrial offices; restaurants; warehouses; 4 schools; colleges, universities; hospitals; and other non-manufacturing entities; manufacturing entities, but not including multifamily or residential condominium complexes. 5 6 Container A receptacle used to store solid waste or recyclable materials that is designed for on-site 7 unloading into a closed-bodied collection vehicle in which the contents of the receptacle are 8 mixed with the contents of other similar receptacles. 9 Construction and demolition debris 10 Used or discarded construction materials removed from a premise during construction, demolition or renovation of a structure. 11 12 Cost Allocation The following allocation methodology shall be used to determine expenses attributable to 13 services rendered for City of Ashland solid waste management services franchise operations. 14 1) Residential and commercial labor hours 15 The Franchisee will perform two annual surveys to estimate the time spent in each 16 jurisdiction by residential and commercial route. Total annual hours will be estimated by jurisdiction for residential and commercial routes based on the two annual surveys. The 17 annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, 18 vehicle and container leases, vehicle licenses, and route costs by jurisdiction for residential and commercial services. 19 20 2) Debris box labor hours The Franchisee will estimate the average time spent per load by jurisdiction. This average 21 will be applied to the actual annual load count byjurisdiction to calculate an annual total 22 for each jurisdiction. The annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance, vehicle and debris box leases, vehicle licenses, and route costs by 23 jurisdiction for debris box. 24 3) Yardage 25 Yardage by jurisdiction will be estimated by subscribed volumes for residential and 26 commercial services and by box size for debris box service. This yardage will be used to allocate disposal costs by jurisdiction. 27 28 4) Residential and commercial weekly lifts The Franchisee will use two surveys to estimate the number of weekly services by 29 jurisdiction. This measure will be used to allocate all other costs by jurisdiction. 30 5) Direct cost ORDINANCE NO. 3172 Page 4 of 21 I Franchise fees and other costs directly related to a specific jurisdiction will be applied to 2 the appropriate jurisdiction. 3 Curbside/Roadside 4 A location within three (3) feet of public right-of-way. This does not allow the garbage or recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is 5 within three (3) feet of said road or roads. For residences on "Flag Lots", private roads or 6 driveways, "Curbside/Roadside" shall be the point where the private road or driveway intersects a City Road, Public Access Road, State Road or Federal Road. 7 8 Customer Individuals, groups, businesses, corporations or other recognized entity receiving solid waste 9 management services from the franchisee within the City of Ashland. 10 Customer Classification 11 List and definition of the different groupings utilized for rate making; i.e. residential, 12 commercial, municipal, etc. 13 Depot 14 A facility for transferring containerized solid waste, recyclable materials or yard debris from one mode of transportation to another. The term also refers to a place for receiving source- 15 separated recyclable materials. 16 Disabled Customer 17 A subscription customer in which all adult household members possess a DMV issued 18 handicapped parking sticker/placard. 19 Disposal Site 20 Land and facilities used for the disposal, handling or transfer of, or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment 21 facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, 22 resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants and land and facilities previously used for solid 23 waste disposal at a land disposal site; Disposal site does not include the following: a facility 24 authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste; a facility subject to permit requirements of ORS 468B.050 25 or 468B.053; a landfill site which is used by the owner or person in control of the premises to 26 dispose of soil, rock, concrete or other similar non decomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated 27 by a wrecker issued a certificate under ORS 822.110. 28 Drop Box 29 A single receptacle used to store solid waste or recyclable materials that is designed to be 30 removed from the generator's site on the back of a roll-off truck for unloading at a disposal site, material recovery facility, or other storage or processing facility. The contents of the ORDINANCE NO. 3172 Page 5 of 21 I receptacle are not mixed with the contents of other similar receptacles until delivery to a 2 Disposal Site. _ 3 4 Force majeure Acts of god, fire, landslides, lightening, storms, floods, freezing, earthquakes, epidemics, 5 volcanic eruptions, public riots, civil disturbances, acts of the public enemy, wars, blockades, 6 embargoes, or acts of civil or military authority, breakage, explosions or accident to machines or other materials, pipelines or materials, governmental restraint, unavailability of a disposal 7 site and any other event which could not with reasonable diligence be controlled or prevented 8 by the party affected by the event. 9 Franchise 10 A contract with the City allowing the use of public right-of-way to collect and transport solid waste. 11 12 Franchisee A person, persons, business or corporation who has been granted a franchise to operate within 13 the City of Ashland pursuant to this Ordinance. 14 Generator 15 A person, who by virtue of ownership, management or control, is responsible for causing or 16 allowing to be caused the creation of Solid Waste or Recyclable Materials. 17 Gross Revenue 18 "Gross Revenue" for any period shall mean: 1) Gross accrual-based billings by the Franchisee to customers for services provided under 19 this Franchise; 20 2) The allocated gain on the sale of fixed assets, the depreciation or amortization from which, was an Allowable Expense under the terms of this Ordinance, and refunds, sales 21 proceeds or other reimbursements for any other expense that was an Allowable Expense 22 under this Ordinance, and 3) The accrual-based proceeds from the sales of recycled material collected within the 23 Franchise. 24 Hazardous Waste 25 Solid Waste or Waste that may, by itself or in combination with other waste, be explosive, 26 poisonous, caustic or toxic, or otherwise dangerous or injurious to human, plant or animal life, as defined by ORS 466.005. 27 28 Household Hazardous Waste Any discarded, useless or unwanted chemical, material, substance, or product that is or may 29 be hazardous or toxic to the public or the environment and is commonly used in or around 30 households. Household hazardous waste includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and paint products. ORDINANCE NO. 3172 Page 6 of 21 I I Infectious Waste 2 Infectious waste means biological waste, cultures and stocks, pathological waste, and sharps, as defined in ORS 459.386 3 4 Multifamily 5 Any multi-dwelling building or group of buildings that (a) contain(s) five (5) or more 6 dwelling units on a single lot, such as apartments, condominiums, and mobile home parks and (b) receives services on a per lot or per building basis, as opposed to a per unit basis. 7 Multifamily complex also includes certified or licensed residential care housing, such as 8 adult foster care homes, and group homes. Multifamily accounts are determined to be a residential waste stream. 9 10 Material Recovery Any process of obtaining from solid waste, by pre-segregation or otherwise, materials that 11 still have useful physical or chemical properties and can be reused or recycled for some 12 purpose. I 13 Material Recovery Facility 14 A solid waste management facility that separates or stores materials for the purposes of recycling from incoming, non-putrescible solid waste by using manual and/or mechanical 15 methods. It also means a facility that primarily accepts previously separated recyclables. 16 Operating Margin 17 Gross revenues minus allowable expenses within a given period. 18 Organic Waste 19 Materials that can be biologically synthesized by plants or animals from simpler substances, 20 are no longer suited for their intended purpose, and are readily broken down by biological processes into soil constituents. Examples include, but are not limited to, food waste, yard 21 debris, contaminated paper, and putrescible materials that are generally a source of food for 22 bacteria. 23 Putrescible Waste 24 Solid waste containing organic material that can be rapidly decomposed by microorganisms, and which may give rise to foul smelling, offensive products during such decomposition or 25 which is capable of attracting or providing food for birds and potential disease vectors such 26 as rodents and flies. 27 Receptacle 28 A can, cart, container, drop box, compactor or recycling bin or any other means of containment of Solid Waste or Waste or Recyclable Materials. 29 30 Recyclable Material, Recyclable, Recyclables ORDINANCE NO. 3172 Page 7 of 21 I I Material that has or retains useful physical, chemical, or biological properties after serving its 2 original purpose(s) or function(s), and, is separated from solid waste by the generator or at a material recovery facility. 3 4 Recycling Any process by which waste materials are transformed into new products in such a manner 5 that the original products may lose their identity. 6 Residence, Residential 7 Any dwelling unit where at least 50 percent of the use of the entire building is for home use. 8 Self-Haul 9 Collection and transportation of solid waste from a commercial, multifamily, or residential 10 entity by the generator, owner or occupant of the property, rather than by a third party hired to perform this function. 11 12 Senior Discount Rate A discounted collection rate provided to customers that meet the discounted utility rate 13 provision of resolution 92-22 or future related amendments. 14 Solid Waste or Waste 15 The terms "solid waste" and "waste" are interchangeable. Solid waste shall include all 16 putrescible and non-putrescible waste, including but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land clearing debris; sewer sludge; 17 residential, commercial and industrial building demolition or construction waste; discarded 18 residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable 19 or animal solid and semi-solid waste and dead animals; and infectious waste. Waste shall 20 mean useless, unwanted or discarded materials. The fact that materials, which would otherwise come within the definition of Solid Waste, may, from time to time, have value and 21 thus be utilized shall not remove them from the definition. The terms Solid Waste or Waste 22 do not include: 23 1) Recyclable materials or yard debris separated from solid waste and properly prepared for 24 collection; 2) Hazardous wastes as defined in ORS 466.005; 25 3) Materials used for fertilizer or for other productive purposes on land in agricultural 26 operations in the growing and harvesting of crops or the raising of fowl or animals; 4) Septic tank and cesspool pumping or chemical toilet waste; 27 5) Source separated, principal recyclable materials as defined in ORS 459A and the Rules 28 promulgated there under and under this Ordinance, which have been purchased or exchanged for fair market value, unless the City declares a site of uncollected principal 29 recyclable materials to be public nuisance; 30 6) Applications of industrial sludges or industrial waste by-products authorized through a Land Use Compatibility Statement or Management Plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted ORDINANCE NO. 3172 Page 8 of 21 I method approved by the Land Use Compatibility Statement or Management Plan, but not 2 to exceed 100 dry tons per acre annually; and 7) Stabilized municipal sewage sludge applied for accepted beneficial uses on land in 3 agricultural, non-agricultural, or silvicultural operations. Sludge-derived products 4 applied for beneficial uses on land in landscaping projects. 5 6 Solid Waste Management and Collection Services Prevention, reduction, management of the storage, collection, transportation, treatment, 7 utilization, processing and final disposal of solid waste; or recycling, reuse and material 8 recovery from solid waste; and facilities necessary or convenient to such activities. 9 Source Separated Materials 10 Recyclable materials that have been separated by type of recyclable material and removed from the solid waste stream by the person who last used the recyclable materials. 11 12 Transfer Station A fixed or mobile facility, other than a transportation vehicle, where solid waste is deposited 13 temporarily after being removed from the site of generation but before being transported to a 14 final disposal location. 15 Unallowable Expenses 16 Shall include the following: 1) All charitable and political contributions; 17 2) Fines and penalties, including without limitation judgments for violation of applicable 18 laws, incurred by a licensee; 3) Payments for services provided by individuals related by blood or marriage or by 19 affiliated companies to a licensee to the extent that such payments exceed the reasonable 20 cost that would be charged by an independent third party to provide the substantially equivalent service; 21 4) Accruals for future unknown regulatory changes; 22 5) Costs associated with purchase of other companies including, but not limited to, employee stock ownership plan payments, goodwill, amortization of goodwill and 23 premiums on key-person life insurance policies; 24 6) Principal or interest payments on the acquisition of solid waste, recyclable materials and yard debris collection routes; the purchase of equipment and/or facilities to the extent that 25 the price includes goodwill or a premium in excess of fair market value at the time of 26 acquisition; State and federal income taxes; 7) Fees paid to a Franchisee's Board of Directors; 27 8) Attorney's fees and related expenses resulting from: 28 a. Any judicial proceeding in which the city and a Franchisee are adverse parties, unless the Franchisee is the prevailing party; 29 b. Any judicial proceeding in which a Franchisee is ruled to be liable due to willful 30 misconduct or gross negligence or in violation of law or regulation, excluding judicial proceedings involving traffic accidents; ORDINANCE NO. 3172 Page 9 of 21 I, 1 9) Operation of community access recycling depot not physically located or operated in 2 conjunction with the Franchisee's transfer station 10) Recycling operations expenses already calculated and incorporated into Franchisee's 3 tipping fees 4 11) Any other expenses defined as "unallowable" and approved by mutual consent of the Franchisee and the council. 5 6 Utilization 7 The terms utilize, utilization, or utilization of Solid Waste or Waste shall mean productive 8 use through recycling, reuse, salvage, resource recovery, energy recovery, or land filling for reclamation, habitation, or rehabilitation of land. 9 10 Waste Evaluation An evaluation completed by the City or a Franchisee of a commercial entity's waste 11 management practices, for the purpose of providing guidance to a multi-family or 12 commercial customer on effective means to reduce waste, increase recycling, and purchase recycled products. 13 14 Yard Debris Grass clippings, leaves, tree and shrub prunings of no greater than four (4) inches in diameter 15 or similar yard and garden vegetation. Yard debris does not include such items as: dirt, sod, 16 stumps, logs, tree and shrub prunings greater than four (4) inches in diameter, rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes or nonputrescible 17 material. 18 SECTION 5: Franchise Agreement. 19 5.1 Franchise Award 20 No person shall do business in the collection and transport of solid waste generated within the City without a current, valid City franchise. A Franchise to provide solid waste management and 21 collection services, including recyclable materials and yard debris in the service area of the City 22 shall be granted only after a determination of need for the service. 23 The determination of need is the responsibility of the City Council, which will seek the best 24 balance of the following objectives: 25 1) To insure safe, efficient, economical, equitable and comprehensive solid waste service; 26 2) To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets; 27 3) To provide service in areas of marginal return; 28 4) To promote and encourage recycling and resource recovery; 5) To improve the likelihood of the Franchise holder making a reasonable profit and thereby 29 encourage investment in modern equipment; 30 6) To cooperate with other governmental bodies by recognizing their service arrangements; and 7) To otherwise provide for the service in a manner appropriate to the public interest. ORDINANCE NO. 3172 Page 10 of 21 1 2 5.2 Renewal of Franchises In granting a franchise renewal, the Council may, in addition to the above, consider the 3 following: 4 1) Volumes of solid waste collection and disposal; 5 2) (2) Volumes of recyclable materials and rate of participation in recycling; 6 3) Customer satisfaction, including but not limited to customer complaints; 4) Analysis of solid waste collection and recycling programs in other cities as compared to 7 those of the City, including but not limited to program costs, funding mechanisms and 8 overall rates of participation in recycling; 5) Franchisee performance of its obligations under the franchise, including a Franchisee's 9 technical and financial capabilities; 10 6) Franchisee ability to provide evidence of required insurance; and 7) Franchisee responsiveness to customer or City complaints. 11 12 Franchises granted by the City shall be non-exclusive, however it is understood that during the term of franchises granted under this Ordinance, the City shall not grant any other person a 13 franchise for Solid Waste Management Services unless there is a showing by the applicant of the 14 need for such additional service in the proposed service area. As to such application(s) the existing Franchisee shall have first right of refusal to provide such services. 15 16 In evaluating whether a need exists for additional service, the City Council may consider, among any other criteria deemed relevant by the City Council, the following items: 17 18 1) An increase in the population of the City; 2) An extension of the boundaries of the City; 19 3) Intensive residential, commercial or industrial development within the boundaries of the 20 City; 4) Changes in solid waste technology and/or recycling collection technology that could 21 substantially improve collection service or reduce collection costs to residents of the City; 22 5) The effect that an additional franchise would have on each existing Franchisee's ability to meet the City's service standards and maintain a fair return on its investment; 23 6) Changes in federal or state laws, rules or regulations that substantially affect solid waste 24 or recycling collection requirements. 7) The Franchisee cannot or will not perform or subcontract the proposed service. 25 26 This ordinance does not prohibit any person from self-hauling solid waste and/or recyclables. A generator may self-haul his or her own material, and a generator's contractor may haul materials 27 that are generated as a direct result of the service-provider's activity. For example, landscapers, 28 roofers, and remodelers may self-haul materials, but may not contract with third parties other than Franchisees for collection and transport. 29 30 5.3 Franchise Terms A franchise to provide solid waste management and collection services shall be granted for a period of ten (10) years, beginning December 1, 2013 with subsequent seven year terms ORDINANCE NO. 3172 Page 11 of 21 I renewing annually, unless prior notice of request to terminate is submitted by either the City or 2 the Franchisee a minimum of 90 days prior to the renewal date. 3 5.4 Franchise Fee 4 1) Annual Fee. In consideration of the rights and benefits of the terms of this franchise, 5 Franchisee shall pay to the City each year during the life of this franchise beginning 6 November 1, 2013 an annual fee derived from revenue received by that franchisee from Solid Waste Management and Collection Service boundaries of the City. The franchise 7 fee shall be five percent (51/o) of gross revenues. 8 2) Quarterly Payments. The franchise fee required in 7(a) above shall be paid quarterly, 9 and, shall be due and payable within thirty (30) days of the end of the calendar quarter. 10 Accompanying the payments described above, Franchisee shall file with the City Administrator or designee, a statement showing the amount of the gross revenues 11 received by that company within the City for the calendar quarter immediately preceding the calendar quarter in which such statement is filed. There will be a reconciliation of 12 final gross revenues on the quarterly report ending September 30' of each year for the 13 prior fiscal period, which is October lst through September 30'. 14 3) Review of Records: Annual Audit. Franchisee shall make available for inspection, 15 copying and review by the City Administrator or designee at any time during normal 16 Fork hours all records in the Franchisees' possession that the City Administrator or designee deems relevant to verifying the accuracy of fees paid to the City, to regulating 17 rates or to carrying out any responsibility that the Franchisees or the City has under this 18 Ordinance. 19 No more often than once during any twelve (12) month period, City may request an audit 20 of the books, records and accounts of Franchisee by a certified public accountant or such other professional chosen by the City to verify accuracy of fees paid to the City, subject 21 to the approval of the audited Franchisee; provided, however, that such approval shall not 22 be unreasonably withheld. Franchisee agrees to have their books, records and accounts audited and further agree to pay for such auditing services. The report of the certified 23 public accountant or other professional shall be conclusive and final. In the event such 24 audit report discloses any difference of payment due either to the City or Franchisee through error or otherwise, such payment shall be due and payable within thirty (30) days 25 of discovery or determination of the error. If payment is owed by the City to Franchisee, 26 the City shall reimburse the Franchisee for payment for the portion of the services attributable to the audit of the Franchisee receiving such payment from the City. 27 28 If payment is owed by Franchisee to the City, and the difference of payment due is more than the greater of five hundred dollars ($500) or two and one-half percent (2'/z of the 29 Franchisee franchise fee, or if the Franchisee is found to have violated any other term or 30 condition of the franchise then, notwithstanding any other provision of this Section or the franchise, the City may request an additional audit during the next twelve (12) month period with all expenses of such additional audit paid by such Franchisee. ORDINANCE NO. 3172 Page 12 of 21 1 2 4) Late Payments; Interest. Should Franchisee fail or neglect, for thirty (30) days after any quarterly payment shall become due and payable, to make the quarterly payment, the City 3 shall provide written notice of failure of payment to Franchisee. Upon notification of 4 failure to pay, Franchisee will have thirty (30) days to remit payment to the City. If Franchisee fails to pay within said thirty (30) day period, the City may charge interest 5 retroactive to the due date, at a rate of nine percent (9%) per annum, and may at its option 6 either continue the franchise in force and proceed by suit or action to collect the payment, or declare a forfeiture of the franchise because of the failure to make payment, but 7 without waiving its right to collect earned franchise payments and interest. 8 5.5 Franchise Administrative Operations Standards and Rules 9 The Solid waste management and collections franchisee will operate within operations standards 10 set by resolution of Council. Standards and rules will be developed across all customer classifications including, but not limited to, the following: 11 Service Rates and Fees 12 a. Rate and fee schedule for all collection services, programs by customer classification 13 Collections 14 a. Regular, holiday and hazardous weather schedules b. Procedures for missed, bulky waste, vacation hold, etc collections 15 c. Collection receptacle standards and requirements 16 d. Receptacle location requirements for pick-up e. Private property access rights and limitations 17 f. Responsibilities of the customer g. Vehicle minimum equipment, maintenance standards, identifcation/signage and 18 standards 19 20 Customer Service & Communications a. Billing standards and frequency 21 b. Billing/collection procedures for past due/non-pay accounts 22 c. Descriptions, objectives and targets for all services provided across all customer classifications 23 d. Solid waste related programs, education and event promotion 24 e. Complaint/dispute resolution procedures f. Community Communications and outreach plan coordination with City outlining roles 25 and responsibilities of City and Franchisee. 26 Reporting (in addition to Ordinance required reporting) 27 a. Efficiency analysis reports for routes, billing/collections, etc 28 b. Revenue and subscription volume reports by solid waste category (trash, recycle, yard waste) for various customer classifications (residential, and commercial,). Debris box 29 volumes will be measured by dump and return and/or pull activities. 30 c. Customer counts and trends over time for residential and commercial customer classifications Debris box load counts will be reported in lieu of debris box customer counts. ORDINANCE NO. 3172 Page 13 of 21 1 2 5.6 Subcontracting Services A Franchisee may contract with another person to provide specific components of solid waste 3 management and collection services within the Franchisee's service area with the written 4 approval of the City Administrator or designee, provided that the subcontract does not amount to a transfer of the collection franchise and the subcontracting party agrees to: 5 6 1) Abide by the conditions of this ordinance and associated resolutions; and 2) In written application to the City, show how they will meet the criteria applying to the 7 current franchise 8 5.7 Transfer of Franchise 9 A proposed assignment or transfer of a Franchise must be requested by the Franchisee if the 10 following occur, but shall not be limited to: 11 1) A sale, exchange or other transfer of 50% or more of Franchisee's assets dedicated to 12 service in the City; 2) A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding 13 common stock of a Franchisee; 14 3) Any reorganization, consolidation, merger, recapitalization, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Franchisee or 15 any of its shareholders is a party which results in a change of ownership or control of 16 fifty (501/o) or more of the value or voting rights in the stock of the Franchisee; and 4) Any combination of the foregoing that has the effect of a transfer or change of ownership 17 and control. 18 The Franchisee shall provide no less than 90 days' advance written notice to the City of any 19 proposed transfer or assignment. Except as specifically authorized by the City, the Franchisee 20 shall not assign any of its rights or delegate or otherwise transfer any of its obligations to any other person without the prior consent of the City Council. Any such assignment without the 21 consent of City Council shall be void and any such attempted assignment shall constitute default 22 and grounds for termination of the Franchise. 23 If a Franchisee requests the City's consent to transfer the Franchise, the City shall act on such 24 request within sixty (60) days of the receipt of the Franchisee's written request together with all information, as set forth below, required for the City's action on the request. The City and 25 Franchisee may consent in writing to additional time for the City to review and approve the 26 consent to transfer the Franchise. The City shall not unreasonably refuse to consent to an assignment of the Franchise to a proposed assignee that has sufficient knowledge, experience, 27 and financial resources so as to be able to meet, to the satisfaction of the City Council, in its sole 28 discretion, all obligations of the Franchisee hereunder. An application to the City to consider a sale or other transfer of a Franchise shall include the following: 29 30 1) A nonrefundable application fee of two thousand dollars ($2,000) payable at the time of application to the City in advance to defray the City's anticipated expenses and costs resulting from the Franchisee's request; ORDINANCE NO. 3172 Page 14 of 21 1 2) Financial statements audited or reviewed by a Certified Public Accountant of the 2 Proposed Assignee's operations for the three immediately preceding operating years together with any additional evidence of financial ability to perform its Franchise 3 obligations; and 4 3) A showing that the proposed Assignee meets all City criteria for the grant of a Franchise as enumerated in this Ordinance. 5 6 5.8 Establishment and Modification of Service Rates and Fees Except as set forth herein, the City Council may review and set rates on an annual basis by 7 Council resolution that considers the following goals: 8 1) Rates shall be established to the greatest extent practicable on a cost of service basis 9 based on the ordinance established cost allocation methodology. 10 2) Rates shall be adjusted annually by Council resolution equal to the percentage change in the January to January Consumer Price Index for Pacific Division (CPI - Pacific)but not I 1 to exceed the twelve percent operating margin cap. The City Administrator or designee 12 shall certify the CPI - Pacific rate in writing to Franchisee by March 1 of each year to initiate the rate resolution. 13 3) Rates shall be adequate to provide an Operating Margin equal to ten percent (10%) of 14 Franchise-wide Gross Revenues; however, the City shall not be required to change rates if the expected Operating Margin in the next future year falls between eight and twelve 15 percent of Gross Revenues. The ten percent target return on Gross Revenues is 16 considered sufficient to reflect the level of business risk assumed by the Franchisee, to allow investment in equipment, and to ensure quality collection service. 17 18 Accordingly, the City shall have the authority to commission audits, reviews, or analysis of Franchisee Annual Reports to validate submissions. The expected Operating Margin in a future 19 year would incorporate expected inflation factors, and the effect of known or expected increases 20 or decreases in expenses or revenues. 21 The rates charged by Franchisees shall conform to the most current Council resolution. Prior to 22 implementation, the Council must approve any interim rate for services not included in the current resolution. 23 24 If the Franchisee notifies the City in writing that they believe a material change outside the Franchisees' control has occurred, and the change will have an adverse effect on operating 25 margins, such that the next future year operating margins will be less than eight percent, a 26 material change will be deemed to have occurred. At that time, the City may undertake any type of review it finds necessary to validate the existence of the material change and estimate its 27 effect on the operating margin. If the results of the review are such that no rate adjustment is 28 warranted, persons requesting the review shall reimburse the City for reasonable costs incurred during the investigation at the time the next payment of franchise fees is due. 29 30 If the City believes that a material change has occurred that will result in next future year operating margins falling under eight percent or over twelve percent, the City may undertake an abbreviated rate review at its own expense. ORDINANCE NO. 3172 Page 15 of 21 1 2 SECTION 6: Franchise Reporting Requirements. 6.1 Informational Reports 3 Each Franchisee shall provide the City Administrator or designee by the last day of each quarter 4 for the previous quarter: 5 1) A quarterly report listing the quantities of solid waste, yard waste and recyclable 6 materials by customer classification collected within the City during the previous calendar quarter, the locations to which these materials were delivered, the number of 7 customer accounts, and other information requested by the City Administrator or 8 designee and mutually agreed upon with Franchisee. 2) A quarterly report listing the names and addresses of multi-family and commercial 9 customers that received waste evaluations during the reported quarter. 10 3) A summary of communication, marketing and educational outreach conducted by Franchisee during the reported quarter. 11 12 6.2 Quarterly Franchise Fee Reports Franchisee shall complete and remit to the City a Quarterly Franchise Fee report not later than 13 the last day of the month immediately following the end of the quarter. 14 At the time of payment of the quarterly Franchise Fees, the Franchisee shall file with the City 15 Administrator or designee, a verified statement of quarterly gross revenues for the period 16 covered by the tendered fee. Such statements shall be public records. Franchisee shall maintain books and records disclosing the gross receipts derived from business conducted within the City, 17 which shall be open at reasonable times for audit by the City Administrator or designee. 18 Misrepresentation of gross revenue shall be deemed material and a breach of the Franchise 19 contract and shall be cause to initiate the process to terminate the franchise. 20 6.3 Annual Franchise Reports 21 Franchisees shall report revenues and expenses (allowable and unallowable), in an income 22 statement format, and provide a variety of information about customer counts, service levels, disposal volumes, and recycling activities for all customer classifications and for all programs 23 identified in the Administrative Operations Standards and Rules resolution adopted by Council. 24 Franchisees shall report totals for all operations necessary to adequately verify compliance with 25 the cost allocation methodology as defined in this for expenses that share significant operational, 26 management, and administrative expenses with the City of Ashland Franchise. Resources allocated from regional or corporate offices or affiliates shall be distributed to appropriate 27 expense line items, and, shall also be disclosed in a schedule describing total allocations and 28 their distribution to individual expense line items. All allocations from Affiliated Companies must be described and must be equal to or less than the fair market value of similar goods and 29 services purchased from a non-affiliated company. 30 The report will also include a synopsis of the operating year, a description of the measures each franchisee has taken in the preceding year to make its operation more efficient, a listing of the ORDINANCE NO. 3172 Page 16 of 21 I efficiency measures which each Franchisee proposes to take in the next year, a composite table 2 showing the type and number of customer service complaints and a description of the measures that the Franchisee has taken or is planning to take to correct the cause of commonly reported 3 complaints, and such other information as requested by the City Administrator or designee. The 4 report shall also describe and quantify communication, outreach and educational activities as described in the Administrative Operations Standards and Rules resolution. 5 6 Franchisees may identify specific information submitted to the City in the Annual Report as confidential. The City shall treat any information marked "Confidential" as such, and, shall not 7 subject the confidential information to public disclosure except as required by law. If the City 8 receives a request for disclosure of confidential information, the City Administrator or designee shall notify the Franchisee within a reasonable time after receiving the request so as to allow the 9 Franchisee a reasonable opportunity to defend against the requested disclosure through 10 appropriate legal process. 11 SECTION 7: Franchise Responsibilities and Requirements. 12 7.1 Access for Inspections and Delivery of Notices Franchisees shall make all company premises, facilities and records related to their solid waste, 13 recyclable materials and yard debris collection services (including, but not limited to: offices, 14 storage areas, financial records, non-financial records, records pertaining to the origin of any solid waste collected by the Franchisee, receipts for sale or delivery of collected recyclable 15 materials, customer lists, and all records related to vehicle maintenance and safety which are 16 required under ODOT motor carrier requirements and regulations and ORS 767) available for inspection by the City Administrator or designee within 24 hours of notice by registered mail. 17 Such inspections are only for purposes of enforcing this ordinance, and, are restricted to normal 18 business hours. During normal business hours, the Franchisee shall make all company premises and facility accessible to City employees for delivery of any written notices. 19 20 Collection vehicles must be accessible for inspection during the normal operating hours for collection, in addition to normal business hours. Where receptacles are stored in the public right- 21 of-way or when the City is inspecting a situation where the Franchisee is allegedly commingling 22 Recyclable Materials or Yard Debris with Solid Waste, the need for 24-hour notice does not apply to inspection of receptacles or vehicles. 23 24 7.2 Indemnification, Bond, and Insurance A Franchisee shall pay, save harmless and indemnify the City from any loss, damage, penalty or 25 claim against the City on account of or in connection with any activity of the Franchisee in the 26 operation of the Franchisee's solid waste collection business including activity by any approved subcontractor providing solid waste management collections and services. If such suit shall be 27 filed against the City either independently or jointly with the Franchisee or its subcontractor to 28 recover for any claim or damages, the Franchisee upon notice to it by the City shall defend the City against the action, and in the event of a final judgment being obtained against the City, 29 either independently or jointly with the Franchisee or its subcontractor, the Franchisee will pay 30 said judgment and all costs and hold the City harmless there from. ORDINANCE NO. 3172 Page 17 of 21 I Franchisee shall furnish a performance bond, in a form approved by the City Attorney, by an 2 acceptable surety company in the amount of twenty-five thousand dollars ($25,000.00), but may, in lieu of a bond, furnish an irrevocable letter of credit or assign a savings account or deposit in 3 any federally insured financial institution in the amount of twenty-five thousand dollars 4 ($25,000.00) on a form approved by the City Attorney. The Security shall guarantee faithful performance of all the obligations contained herein with the premium for such bond or cost of 5 such assignment to be paid by the Franchisee furnishing the bond, letter of credit or making the 6 assignment. 7 A Franchisee shall maintain commercial general liability insurance on an occurrence basis in 8 such forms and with such companies as shall be approved by the City Attorney, which will cover the Franchisee's business operation, including each vehicle operated by it. The insurance 9 coverage shall include not less than $1,000,000.00 for one person, nor less than $5,000,000.00 10 for bodily injury due to each occurrence, and not less than $1,000,000.00 for damage to property due to each occurrence and coverage of at least $5,000,000 in the aggregate per occurrence. All 11 such insurance coverage shall provide a 30-day notice to the City Administrator or designee in 12 the event of material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective. Copies of all policies 13 required hereunder shall be furnished to and filed with the City Administrator or designee prior 14 to the commencement of operations or the expiration of prior policies, as the case may be. The Franchisee shall furnish proof annually to the City Administrator or designee that the insurance 15 remains in effect. 16 The provisions of this section, any bonds accepted by the City pursuant thereto, and any damage 17 recovered by the City hereunder shall not be construed to excuse unfaithful performance by the 18 Franchisee or limit the liability of the Franchisee under this ordinance or the Franchisee for damages, either to the full amount of the bond, or otherwise. 19 20 SECTION 8: Enforcement, Suspension, or Termination of Franchise. 8.1 Responsibility of City 21 Franchisees are subject to the exercise of the police power of the City and to such regulations as 22 the City may provide by resolution, ordinance, rule or regulation. 23 8.2 Enforcement of Standards 24 The City Administrator or designee shall administer and enforce this ordinance and pursue remedies for non-compliance as laid out within this ordinance. The City Administrator or 25 designee shall also administer and enforce Administrative Operations Standards and Rules as 26 adopted by Council. These standards and rules shall be enforceable with penalties allowed in section 1.08 of the Ashland Municipal Code. Upon recommendation by the City Administrator 27 or designee, the Council may declare a Franchisee who fails to abide by the rules to be in default. 28 8.3 Initiation of Enforcement Actions 29 In addition to enforcement under State law, the City may prosecute any infraction as defined in 30 this Ordinance or the Rules issued hereunder, based on any information coming to the City, in Ashland Municipal Court. The burden of proof is on the City to prove an infraction by a preponderance of the evidence. ORDINANCE NO. 3172 Page 18 of 21 1 2 8.4 Penalties for Infractions Each Franchise provision, including rules adopted hereunder, is subject to penalties as described 3 in section 1.08 of the Ashland Municipal Code for each day from the initial citation of the 4 offense that the offense continues to violate the terms of this ordinance or associated resolutions. 5 8.5 Termination of Franchise for Default 6 In addition to default for accrued penalties, upon recommendation by the City Administrator or designee, the City Council may terminate a Franchise for the Franchise holder's default in 7 performing any material term or condition of the Franchise. An event of default also shall 8 include, but not be limited to entry of ajudgment against the Franchise holder for material misrepresentation or deceit committed against the City or a customer or entry of a judgment of 9 conviction (including conviction on a plea of no contest) against the Franchise holder or any 10 Principal of same for a crime involving dishonesty. 11 Notice to a Franchisee of default shall be delivered to the Franchisee by certified mail requiring 12 the Franchisee to show cause in a public hearing before the City Council at a place and time to be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the 13 Franchise should not be terminated. 14 At the hearing the Franchisee shall demonstrate the measures it has taken or commenced to cure 15 the default. I 16 8.6 Service Interruption 17 Except for the right to refuse service for nonpayment or if Customer has attempted to improperly 18 dispose of Hazardous Waste in violation of the City's Standards and Rules as set forth in this ordinance, Franchisees shall not interrupt service unless: 19 20 1) Access, roads, streets and highways necessary for collection operations are unusable or unsafe and there are no alternative routes. Franchisees shall resume service within 24 21 hours after access is restored. 22 2) A Force Majeure event occurs. 23 Upon the occurrence of a Force Majeure event that prevents or impairs a Franchisee's ability to 24 perform any of its Franchise obligations, the Franchisee shall: 25 1) Provide immediate notice, either verbal or written to the City Administrator or designee 26 of the nature of the event and extent and anticipated duration of Franchisee's inability to perform any obligation under this Franchise. If verbal notice is given, then written notice 27 must be delivered to the City within 24 hours of verbal notice; 28 2) Commence immediately to develop, in communication and cooperation with the City, an interim plan for the restoration of full performance; and 29 3) Take all such other reasonable actions requested by the City to assist the City in 30 protecting the public health and safety and to restore service as soon as practicable. ORDINANCE NO. 3172 Page 19 of 21 I Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out, 2 picketing, or other concerted job action conducted by Franchisee employees or directed at the Franchisee is not an event of Force Majeure, and the Franchisee shall be obligated to continue to 3 provide service notwithstanding the occurrence of any or all of events. 4 8.7 City's Right to Perform Service 5 Except as provided under Section 8.6, in the event that a Franchisee, for any reason whatsoever, 6 fails, refuses or is unable to collect or transport any or all solid waste for a period of more than forty eight (48) hours, and if, as a result thereof, solid waste or recyclable materials should 7 accumulate in the City to such an extent that the City finds that such accumulation endangers the 8 public health, safety, or welfare, then the City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to the Franchisee, to perform or cause to be performed 9 collection services with its own or other personnel at the Franchisee's expense. This right shall 10 be in addition to and not in lieu of any other remedy available to the City. If necessary, the City may take temporary possession of, and a Franchisee shall peacefully surrender, any or all the 11 Franchisee's land, equipment, and other property used or useful in the collection of Solid Waste 12 or Recyclable Materials until such time as the emergency is resolved. If such possession occurs, the City assumes all responsibility and liability for the equipment and land used to perform such 13 temporary collection services. 14 8.8 Dispute Resolution with Customers 15 Upon receipt of any notice of dispute from a customer about any bill, charge, or service, the 16 Franchisee shall thoroughly investigate the matter and promptly report the results of its investigation to the customer. Except in the event a Customer has attempted to improperly 17 dispose of Hazardous Waste in violation of the City's Standards and Rules, a Franchisee shall 18 not refuse service to any customer during a time of dispute. 19 If the Franchisee is not able to resolve a dispute with the customer, the customer may contact the 20 City Administrator or designee who will act as an informal arbitrator in an attempt to resolve the matter. Should the dispute remain unresolved, the Franchisee or customer may then pursue the 21 matter in any Court with jurisdiction. 22 8.9 Dispute Resolution with City 23 During all disputes arising under this Franchise, the City and Franchisee shall continue 24 performance of their respective obligations under this Franchise unless and until the Franchisee is terminated for default, in which case the Franchisee's obligation to pay a franchise fee based 25 on cash receipts generated from services provided under the Franchise during said dispute shall 26 survive such termination. 27 In addition to and without waiving any rights and remedies under civil or common law, in the 28 event of a dispute under this Franchise, the parties shall mutually agree to arbitration. Within fifteen (15) days after agreement to Arbitration has been reached, each party shall submit the 29 name of its own arbitrator, selected from the American Arbitration Association, and the two 30 arbitrators shall select a third arbitrator selected from such panel within 15 days, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presidingjudge for the Circuit Court of the State of Oregon ORDINANCE NO. 3172 Page 20 of 21 I for Jackson County. During such time that the arbitrators are being selected or appointed, the 2 parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. 3 The decision of the arbitrators in the matter shall be final and binding on the parties, and any 4 judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. 5 6 SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the 7 validity of the remaining sections, subsections, paragraphs and clauses. 8 SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Code 9 and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another 10 Ford, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-3) need not be codified and I 1 the City Recorder is authorized to correct any cross-references and any typographical errors. 12 The foregoing ordinance was first read by title only in accordance with Article X, 13 Section 2(C) of the City Charter on the day of 2019, 14 and duly PASSED and ADOPTED this day of , 2019. 15 16 Melissa Huhtula, City Recorder 17 18 SIGNED and APPROVED this day of , 2019. 19 20 21 John Stromberg, Mayor 22 Reviewed as to form: 23 24 25 David H. Lohman, City Attorney 26 27 28 29 30 ORDINANCE NO: 3172 Page 21 of 21 Consumer Price Index Geographic Revision for 2018 : U.S. Bureau of L... littps://www.bls.gov/cpi/additional-resources/geographic-revision-2018.htm A to Z Index I FAQs I About BLS I Contact Us Subscribe to E-rr Follow Us I What's New I Rele Search BLS.gov Home Subjects Data Tools Publications I Economic Releases I Students Beta Consumer Price Index PRINT: Search Consumer Price Index ■ CPI Home CPI Publications CPI Data CPI Methods CPI FAQs Contact CPI Consumer Price Index x > Methods > Consumer Price Index Geographic Revision for 2018 Consumer Price Index Geographic Revision for 2018 Starting in 2002, the Bureau of Labor Statistics (BLS) moved away from comprehensive revisions implemented every ten years or so in favor of incremental updates implemented on an ongoing basis. For example, expenditure weight updates are now introduced every two years, and item structure changes occur whenever they are deemed appropriate given changes in the marketplace. One element of the CPI that has not seen more frequent revisions, however, is the geographic sample. In January 2018, BLS will introduce a new geographic area sample for the Consumer Price Index (CPI). The last time the sample was revised was in 1998. The new sample consists of 75 urban areas-large, medium, and small. There are 87 urban areas in the current sample. Changes to the Geographic Structure The CPI geographic sample is selected to be representative of the demographics of the United States. The 2018 revision utilizes the 2010 Decennial Census and it incorporates an updated area sample design, changes the frequency of publication for several local area indexes, and establishes some new local area and aggregate indexes. It also introduces Census division-level indexes. Core Based Statistical Areas For the 2018 revision, primary sampling units (PSUs) are defined using Office of Management and Budget (OMB) Core Based Statistical Area (CBSA) definitions. This is different from the previous definition of PSUs as metropolitan statistical areas. Table 1. Publication differences between the old and the new geographic sample designs Number of areas Number of areas Number of areas Number of areas published ublished bimonthly semi-annually ~ published published monthly I . p.__ Old 27' 11 13 design New 23 3 20 0 design Riverside, CA, which was previously included in the Los Angeles-Riverside-Orange County, CA MSA, will now be its own CBSA, and will be considered a new index, starting at 100.000. The combined Washington-Baltimore index (one of the bimonthly indexes) will be discontinued. The Washington and Baltimore areas will be independent 1 of 4 2/20/2018 9:38 AM Consumer Price Index Geographic Revision for 2018 : U.S. Bureau of L... https://www.bls.gov/cpi/additional-resources/geographic-revision-2018.htm CBSAs. The new CBSAs for Washington and Baltimore will be considered continuous with the independent areas Washington (A312) and Baltimore (A313) under the old schedule. Existing indexes for A312 and A313, not previously published for January 1998-December 2017, will be published, with a footnote to indicate that indexes are based on a substantially smaller sample, and allowing the post-revision indexes to be continuous back to 1914. Under the old design, indexes were published for Pittsburgh PA, Cincinnati-Hamilton OH-KY-IN, Cleveland-Akron OH, Milwaukee-Racine WI, and Portland-Salem OR-WA. Because they did not meet a population threshold, they will not be published under the new design. In addition, the index for Kansas City MO-KS will no longer be published because it was not selected as part of the sample. Table 2. Publication list of CBSAs including publication frequency and schedule New Publication Old Publication New CBSA Old MSA Frequency' Schedule Frequency Schedule Chicago-Naperville-Elgin, Chicago-Gary-Kenosha, IL-IN-WI IL-IN-WI Monthly Monthly Monthly Monthly, Los Angeles-Long Beach- Los Angeles-Riverside-Orange Monthly Monthly Monthly Monthly' Anaheim, CA County, CA New York-Northern New New York-Newark-Jersey City, NY-NJ-PA Jersey-Long Island, Monthly' Monthly' Monthly, Monthly NY-NJ-CT-PA Atlanta-Sandy Springs- Atlanta, GA Bimonthly; Even Bimonthly, Even Roswell, GA months months Baltimore-Columbia-Towson, Washington-Baltimore, Bimonthly Even Bimonthly' Odd months MD DC-MD- VA-WV months Boston-Cambridge-Newton, Boston-Brockton-Nashua, Bimonthly Odd Bimonthly Odd months MA-NH MA-NH- ME-CT months Dallas-Fort Worth-Arlington, Dallas-Fort Worth, TX Bimonthly monOd Bimonthly Odd months Denver-Aurora-Lakewood, CO Denver-Boulder-Greeley, CO Bimonthly monO d Semi-annual Semi-annual Even Even Detroit-Warren-Dearborn, MI Detroit-Ann Arbor-Flint, MI Bimonthly months Bimonthly months Houston-The Houston-Galveston-Brazoria, Even Bimonthly Even Woodlands-Sugar Land, TX TX Bimonthly months' monthly months Miami-Fort Lauderdale-West Miami-Fort Lauderdale, FL Bimonthly Even Bimonthly Even Palm Beach, FL months months Minneapolis-St. Minneapolis-St. Paul, MN-WI Bimonthly' Odd Semi-annual Semi-annual Paul-Bloomington, MN-WI months Philadelphia-Camden- Philadelphia-Wilmington- Bimonthly Even; Bimonthly; Even Wilmington, PA-NJ-DE-MD Atlantic City, PA-NJ-DE-MD months months Phoenix-Mesa-Scottsdale, AZ Phoenix-Mesa, AZ Bimonthly Even Semi-annual Semi-annual months Riverside-San Bernardino- Los Angeles-Riverside-Orange Bimonthly Odd Monthly Monthly, Ontario, CA County, CA months San Diego-Carlsbad, CA San Diego, CA Bimonthly monOdd Semi-annual Semi-annual San Francisco-Oakland- San Francisco-Oakland-San Even' Even Hayward, CA Jose, CA Bimonthly months Bimonthly months Seattle-Tacoma-Bellevue, WA Seattle-Tacoma-Bremerton, Bimonthly Even Bimonthly Even WA months months St. Louis, MO-IL St. Louis, MO-IL Bimonthly Even Semi-annual Semi-annual months Tampa-St. Petersburg- Tampa-St. Petersburg- Bimonthly Odd Semi-annual Semi-annual Clearwater, FL Clearwater, FL months Urban Alaska Anchorage, AK Bimonthly Even Semi-annual Semi-annual, i months 2 of 4 2/20/2018 9:38 AM Consumer Price Index Geographic Revision for 2018 : U.S. Bureau of L... https://www.bls.gov/cpi/additional-resources/geographic-revision-2018.htm New Publication Old Publication New CBSA Old MSA Frequency Schedule Frequency Schedule Urban Hawaii Honolulu, HI Bimonthly monOd Semi-annual Semi-annual Washington-Arlington- Washington-Baltimore, Bimonthly Odd Bimonthly Odd months Alexandria, DC-VA-MD-WV DC-MD- VA-WV months Region, division, and size-class indexes Two additional major changes with the new design are: (1) the number of size classes and (2) the publication of Census division-level indexes in addition to the current Census region-level indexes. Under the area redesign, the CPI now has two size classes, A and B/C (corresponding to population size greater than 2,500,000 for size class A and 2,500,000 or less for size class B/C), rather than the three size classes under the old design (A, B/C, and D, with population size of more than 1,500,000 for size class A, 50,000 to 1,500,000 for size class B/C, and less than 50,000 for size class D). The current size class B/C and size class D are consolidated in order to reduce small sample bias and to reduce the standard error of indexes. Census regions are now split into divisions, three in the South and two each in the Northeast, Midwest, and West. Table 3. Published monthly region and division indexes in 2018 Northeast Midwest South West Divisions New England East North Central South Atlantic Mountain Middle Atlantic West North Central East South Central Pacific West South Central BLS will continue to publish monthly region-size class indexes for A-sized and B/C-sized cities in the four regions. Additional information is available in the Monthly Labor Review article The 2018 revision of the Consumer Price Index geograahic sample. Publication of additional items below the national level The following items will be published at the region, division, and area level. Series for new areas will have a base period of December 2017=100; base periods for continuing areas will vary by area. Table 4. Newly published items below the national level Item name Item code Cereal and bakery products SAF111 Meats, poultry, fish, and eggs SAF112 Dairy and related products SEFJ Fruits and vegetables SAF113 Nonalcoholic beverages SAF114 Other food at home SAF115 New and used motor vehicles SETA (1) New vehicles SETA01 (1) Used cars and trucks SETA02 (1) m Motor vehicle insurance SETE Footnotes: Currently published at the region level. j 3 of 4 2/20/2018 9:38 AM Consumer Price Index Geographic Revision for 2018 : U.S. Bureau of L... https://www.bis.gov/cpi/additional-resources/geographic-revision-2018.htm Item name Item code Tuition, other school fees, and child care SEEB Footnotes: u Currently published at the region level. Additional Documents: 2018 Geographic Revision Area Concordance (XLSX) Post-2018 Geographic Revision Mock-Up of CPI Press Release Table 4 (PDF) Last Modified Date: December 6, 2017 RECOMMEND THIS PAGE USING: 91 Facebook Twitter M LinkedIn TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help & Tutorials What's New Inspector General (OIG) Industries at a Glance Injury And Illness FAOs Careers @ BLS Budget and Performance Economic Releases Glossary Find It! DOL No Fear Act Databases & Tables About BLS Join our Mailing Lists USA.gov Maps Contact Us Linking & Copyright Info Benefits.gov Disability.gov Freedom of Information Act I Privacy & Security Statement I Disclaimers I Customer Survey I Important Web Site Notices U.S. Bureau of Labor Statistics I Division of Consumer Prices and Price Indexes, PSB Suite 3130, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gov/CPI I Telephone: 1-202-691-7000 1 Contact CPI 4 of 4 2/20/2018 9:38 AM Consumer Price Index (CPI) Information on Changes in the West Region Due to the 2018 CPI Geographic Revsion The Consumer Price Index (CPI) relies on a sample of households in different metropolitan areas to represent urban households across the nation. Periodically, the CPI program needs to adjust the sample to reflect changes in the distribution of the population across the country. The CPI program has updated its sample to reflect the data from the 2010 Decennial Census on the distribution of the urban population. Below are changes in the U.S. and West Region indexes. Contact the West Region Information Office with questions at (415) 625-2270 or BLSinfoSF@bls.gov. 2018 1998-2017 Publication Publication Title Schedule Area Composition Title Schedule Area Composition U.S. City Average Monthly 75 areas sampled U.S. City Average Monthly 87 areas sampled United States United States 17 areas sampled 18 areas sampled West Monthly West Census Region* West Urban Monthly West Census Region* West population size class more West population size class more West -Size Class A Monthly than 2,500,000 West -Size Class A Monthly than 1,500,000 West population size class West population size class West Size Class e/C Monthly 2,500,000 and under West-Size Class B/C Monthly 1,500,000 and under Mountain Monthly 6 areas sampled N/A Mountain Census Division** Pacific Monthly 11 areas sampled N/A Pacific Census Division * Los Angeles-Long Beach- Los Angeles- RiversideOrange CA: Los Angeles, Orange, Anaheim, CA Monthly CA: Los Angeles, Orange County, CA Monthly Riverside, San Bernardino, Ventura Phoenix-Mesa-Scottsdale, AZ Bimonthlyl AZ: Maricopa, Final Phoenix-Mesa, AZ Semianually AZ: Maricopa, Pinal Riverside-San Bernardino- Ontario, CA Bimonthly) CA: Riverside, San Bernardino N/A San Diego-Carlsbad, CA Bimonthlyz CA: San Diego San Diego, CA Semianually CA: San Diego CA: Alameda, Contra Costa, San Francisco-Oakland- 3 CA: Alameda, Contra Costa, San Francisco-Oakland-San Bi 3 Marin,Napa, Santa Clara, Santa Hayward, CA Bimonthly Marin, San Francisco, San Mateo Jose, CA Bimonthly Cruz, San Francisco, San Mateo, Solano, Sonoma 3 WA: Island, King, Kitsap, Pierce, Seattle-Tacoma-Bellevue, WA Bimonthly3 WA: King, Pierce, Snohomish Seattle-Tacoma-Bremerton, WA Bimonthly Snohomish, Thurston Urban Alaska Bimonthl 1 AK: Anchorage, Anchorage, AK Sernianually AK: Anchorage Bimonthly Matanuska-Susitna Urban Hawaii Bimonthlyz HI: Honolulu Honolulu, HI Semianually HI: Honolulu OR; Clackamas, Columbia, Portland area discontinued Portland-Salem, OR-WA Semianually Marion, Multnomah, Polk, Washington, Yamill WA: Clark * Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming. **Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming. Twelve-month percent changes will be available with January 2019 data. ***Alaska, California, Hawaii, Oregon, Washington. Twelve-month percent changes will be available with January 2019 data. 1 Reference months of February, April, June, August, October, December (Twelve-month percent changes will be available with December 2018 data). Semiannual data will continue to be published. z Reference months of January, March, May, July, September, November (Twelve-month percent changes will be available with January 2019 data). Semiannual data will continue to be published. 3 February, April, June, August, October, December. NOTE: All existing indexes are considered continuous, regardless of name or composition changes. Mountain, Pacific, and Riverside-San Bernardino-Ontario, CA are new indexes. NOTE: Monthly CPIs are averages of prices for the reference month as a whole - not for a particular day such as the 1st, 15th or 31st. Bimonthly indexes-those covering a two-month period-use a single month title to identify the reference period. Monthly and bimonthly indexes are published approximately midway during the month following the reference month. NOTE: Local area indexes are byproducts of the national CPI program. Each local index has a smaller sample size than the national index and is, therefore, subject to substantially more sampling and other measurement error. As a result, local area indexes show greater volatility than the national index, although their long-term trends are similar. Therefore, the Bureau of Labor Statistics strongly urges users to consider adopting the national average CPI for use in their escalator clauses. Last Modified Date: March 22, 2018 Council Business Meeting February 5, 2019 Ordinance No. 3165 Related to Vehicles For Hire, Amending Ashland Agenda Item Municipal Code (AMC) 6.28.080 and AMC 6.28.190 and Deleting AMC 6.28.090 From Katrina L. Brown Assistant City Attorney Contact katrina.brown CcDashland.or.us SUMMARY Ordinance No. 3165 is before the Council for Second Reading. The ordinance would amend two sections and delete one section of the recently adopted Ashland Municipal Code (AMC) Chapter 6.28 related to vehicles for hire. The proposed changes to AMC Chapter 6.28 would align Ashland's requirements for vehicles for hire more closely with the City of Medford's requirements and further encourage Transportation Network Companies such as Uber and Lyft to operate in Ashland. POLICIES, PLANS, AND GOALS SUPPORTED 1. Nurture emerging new technologies. (Council Goal 16). 2. Provide, promote, and enhance the security/safety. environmental health. and livability of the community. (Quality of Life Administrative Goal). PREVIOUS COUNCIL ACTION On September 18, 2018, Council adopted new AMC Chapter 6.28 to allow Transportation Network Companies (TNC's) to operate within the City of Ashland. However, TNC's object to the City of Ashland's requirements for vehicle inspections and mandatory Wheelchair Accessible Vehicles. Ordinance No. 3165 amended AMC Chapter 6.28 by removing these requirements. At its January 15, 2019 meeting, the Council conducted First Reading of Ordinance No. 3165 and passed it to Second Reading for enactment. BACKGROUND AND ADDITIONAL INFORMATION City staff was initially contacted in late October of 2017 by a representative from Uber after Medford adopted its new ordinance regulating vehicles for hire. Uber's representative proposed that Ashland adopt Medford's exact regulatory regime since the two cities are in such close proximity to each other, or that Ashland deregulate vehicle for hire services altogether, in effect leaving regulation of vehicles for hire to Medford. As the City of Ashland has been regulating taxicabs and taxi agencies for over twenty years, Council chose to amend the AMC to allow for these new forms of vehicle for hire services in lieu of deregulation. When Council adopted new AMC Chapter 6.28 on September 18, 2018, it was aware that the AMC would contain a few requirements for vehicles for hire that were not present in Medford's regulatory regime. At the time Council felt that the additional requirements were not prohibitive and would further accessibility and community safety. As of today's date, no TNC's have chosen to apply to operate within the City of Ashland. Both Uber and Lyft have cited the vehicle inspection and the Wheelchair Accessible Vehicle requirements as the primary reasons. Ordinance No. 3165 would remove these requirements. Page I of 2 CITY OF ASHLAND FISCAL IMPACTS The fiscal impact to the City would be minimal. ACTIONS, OPTIONS, AND POTENTIAL MOTIONS Conduct Second Reading of Ordinance No. 3165 and approve it for enactment. STAFF RECOMMENDATION Staff recommends that Council conduct Second Reading of Ordinance No. 3165 and approve it for enactment. REFERENCES AND ATTACHMENTS Attachment 1: Proposed Ordinance No. 3165 Page 2 of 2 CITY OF ASHLAND I ORDINANCE NO. 3165 2 AN ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING AMC 6.28.080 3 AND AMC 6.28.190; AND DELETING AMC 6.28.090. 4 Annotated to show deletions and additions to the Ashland Municipal Code sections being 5 modified. Deletions are bold lined through, and additions are bold underlined. 6 7 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 8 SECTION 1. Ashland Municipal Code Section 6.28.080 is hereby amended to read as follows: 9 6.28.080. Reasonable Accommodations. 10 A. Vehicle for Hire Agencies must provide reasonable accommodations to I 1 passengers with disabilities, including passengers accompanied by a service animal, 12 passengers with hearing and visual impairments, and passengers with mobility devices. 13 Vehicle for Hire Agencies must comply with all applicable requirements of the 14 Americans with Disabilities Act. 15 B. Vehicle for Hire Agencies and their Drivers shall provide services in a manner that 16 ensures the equal protection, treatment, and representation of all persons and shall not 17 discriminate against any person for any reason, including, but not limited to, age, 18 citizenship status, color, familial status, gender identity or expression, marital status, 19 mental disability, national origin, physical disability, race, religion, sex, sexual 20 orientation, and source or level of income. 21 E T ' Companies and TNG must provide a to with any passenger 22 bill limitation that r-equests a \x/heelehai . A ..,.,...sibl.. VehiAa Taxi C meanies 23 and TNGs shall pr-ei,ide MLAA1 sen4ee within a reasonable amount of time by eentr-aeting m, 24 maintaining one or more affiliated Wheelehair Aeeessible 1 25 26 it is a rebuttable presumption that failing to pr-ovide a M A r within forty five (45) 27 minutes of receipt of a request for sueh a vehiele is unreasonable-. 28 Fare rates f Wx shall not exceed the fare rates Fore ....7.1.... n 3A A[7 29 hi 1......'.'1 shall not be ....1 eet to Dynamie D i a 30 SECTION 2. Ashland Municipal Code Section 6.28.190 is hereby amended to read as follows: 6.28.190. Violations, Penalties. ORDINANCE NO. 3165 Page 1 of 3 I A. It shall be unlawful to operate or provide services as a Vehicle for Hire Agency or 2 Vehicle for Hire Driver in the City without a valid Permit issued pursuant to this Chapter. 3 B. It shall be unlawful to refuse service to a person with a disability. 4 C. it shall be unlawfui to operate a Vehiele for- Hire in the City without having an 5 annual v eh;ele inspect' ed by ""'rte' 6.28.090. 6 CD. A violation of subsection A of this section is a Class i violation. A violation of 7 subsection B of this section is a Class I violation. " voolittion of subseetion C of thus 8 section is a Class rr violation. A violation of any other provision of this Chapter is a 9 Class II violation. Each day that a violation continues shall constitute a separate 10 violation. 11 SECTION 3. Ashland Municipal Code Section 6.28.090 is hereby deleted in its entirety: 12 6.28.090. Alehiele Sit", . 13 Eaeh Vehicle for- Hire operating in the Cit~, shall pass on an annual basis a standar-di 14 vehiele sn", test as performed by a National institute for- Automotive Sen,iee Exeellefle 15 (ASE) Blue Sea! r-eeognized shop or- by an atitomotive teehnieian with a , valid ASE 16 eer-tifiention in any of the or-eas of ASE A4 A8. Any vehicle that is less than two (2) year-s 17 old, based OH 010del ~'LMF, OF haS less than , 18 r-equir-ement. -Proof of passage of a standardized vehiele safet-y test shall be kept ift the 19 ehiele at ^n times. 20 SECTION 4. Codification. In preparing this ordinance for publication and distribution, the 21 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within 22 such limitations, may: 23 (a) Renumber and rearrange sections and parts of sections of the ordinance; 24 (b) Change reference numbers to agree with renumbered chapters, sections or other parts; 25 (c) Delete references to repealed sections; 26 (d) Substitute the proper subsection, section, or chapter numbers; 27 (e) Change capitalization and spelling for the purpose of uniformity; and 28 (f) Correct manifest clerical, grammatical, or typographical errors. 29 SECTION 5. Severability. Each section of this ordinance, and any part thereof, is severable, 30 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. ORDINANCE NO. 3165 Page 2 of 3 I PASSED by the City Council this day of 2019. 2 3 4 ATTEST: 5 6 7 Melissa Huhtala, City Recorder 8 9 SIGNED and APPROVED this day of , 2019. 10 11 12 John Stromberg, Mayor 13 14 15 16 Reviewed as to form: 17 18 19 Katrina L Brown, Assistant City Attorney 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 3165 Page 3 of 3