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HomeMy WebLinkAbout2009-167 Agrmt - City of Medford . . AGREEMENT PROCESSING CONTROL RECORD INITIATI~EPARTMENT: COMPLETE SECTIONS I & II JN1T~~PARTMENT: Pollee Deoartment A~~~PARED BY: Kellv Dutra RVCCOM .~ NAME I. OivisiO!'n Manace: TITLE DATE: 052608 ~ DEPTHEAD: ~ ~ SI NATU E AGREEMENT OR CONTRACT TITLE: Communications Services Subscriotion Aareement AGREEMENT OR CONTRACT PURPOSE: Provide disoatch and 9;...;1-1 answerina services for the City of Ashland bv RVCCOM CONTRACT PARTIES: City of Medford and City of Asr.lan.c.! CONTRACT TERM BEGIN:July 1, 200B END:June 30, 2013 (PROJECTIONS ARE ACCEPTABLE) . OA TE OF COUNCIL ACTIQN: June 19 2008 OTHER GOVERNMENT(S) AFFECTED: CItv of Ashland OPTIONS TO RENEW IQ] 1 YEARIQ] 2 YEAR ~ MORE THAN 2 YEARS WHO PREPARED THE AGREEMENT OR CONTRACT: Kellv Dutr" FINANCIAL IMPACT: $692000 - First veal' of contract BUDGET ACCOUNT NUMBER:N/A BUDGET PROJECT NUMBER (If applicable):N/A 80Ll: YES D- NOI8L- II. CHECK 'YES' TO ALL APPLICABLE SECTIONS BEFORE ROUTING TO RECORDER'S OFFICE FOR FURTHER PROCESSING ('NO' ACCEPTABLE FOR AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES) FUNDING IS AVAILABLE (DEPARTMENTS MUST CERTIFY UNENCUMBERED RESOURCES ARE AVAILABLE ro FUllY FUND THE CONTRACT) YES NO N/A 0 0 l8J - - - 0 0 l8J - - - l8J 0 0 - - - 0 0 l8J .- - - 0 0 l8J - - - l8J 0 0 COMPETITVEL Y SOLICITED OTHER PARTY HAS EXECUTED PERFORMANCE 80ND OR OTHER SECURITY is ATTACHED iNSURANCE CERTIFICATE(S) ATTACHED LEGAL DESCRIPTIONS BEEN RECEIVED AND CHECKED OTHER COMMENTS N/A III. PROVIDE TWO (2) COPIES OF COMPLETED APCR AND ATTACH TWO (2) COPIES OF AGREEMENT TO BE SIGNED CITY RECORDER: DATE RECEIVED IC t 1l m DATEROUTED (Q($~U9 DATE G/7-.h-r -I IV. LAW OEPT V. CITY MANAGER ?/ .{-'./ RETURN TO CITY RECORDER DATE ..;/~/ 05 , VI. ACTION RECORD: CITY COUNCIL ACTION DATE ro 110/ Cf6 I a.6b"6-iU7 MA YOR/CITY MANAGERfDEPT HEAD EXECUTION DATE CITY RECORDER COMPLETION DATE DISTRIBUTION: ORIGINAL: City Recorder's Office DEPT RETURNED TO: M:\CtyFormsIAPCR.doc \:1' . Communications Services Subscription-Agreement Between THE CITY OF MEDFORD An Oregon Municipal Corporation, Provider And THE CITY OF ASHLAND An Oregon Municipal Corporation, Subscriber 1. PURPOSE By this Agreement, the Provider shall furnish basic emergency communications services as herein defined.. 2. DEFINITIONS As used in this Agreement: Basic emergency communications service (basic service) means those services particularly described on Schedule A for fire and police agencies respectively. Business/service call means a telephone or radio call for service handled by Provider for the Subscriber, and which is not a 9-1-1 call. CAD is an acronym for Computer Aided Dispatch for Police, Fire and EMS dispatching purposes. Extended seri'ices are particular services provided by Provider beyond those included as basic service.Field-initiated request means a cOlrummication which is handled by Provider from one of the Subscriber's service units in the field. Incident means either a 9-1-1 call, a business/service call, or a field-initiated request as those Terms are herein defined, that generates an incident number for the Subscriber. MaJlager means the RVCCOM Communications Manager. 9-1-1 call means a telephone call for service received over a 9-1-1 line. .Provider mefuJS the City of lVlt:u[on.i. RVCCOM is an acronym for Rogue Valley Consolidated Communications, a division of the Medford Police Department within the City of Medford. SORCis an acronym for Southern Oregon Regional Communications.Subscriber, (not capitalized) where used in the plural or generic context means any public agency subscribing to basic service from Provider under similar contract.Supervisor means the RVCCOM Operations Supervisor(s). . -, System Delivery alld Sen'ices means the shared Computer Aided Dispatch Police, Fire, and EMS System intended to serve the parties as referenced in this . agreement. Provider o.wns and administers shared CAD system, providing connectivity and security measures to Subscriber. (see Schedule B for associated costs)Subscriber shall be directly responsibleJor the purchase of all specified equipment and installation services at their locations (such as desk top computers; MDC equipment; fiber/T] connectivity to receiving points, etc). Subscriber shall be responsible for all maintenance, upgrades, and replacement of their OW11 equipment. Pro.vider manages CAD licensing. In the event licenses above the available number are required by Subscriber, Subscriber shall submit a request through Provider to. obtain additional licenses at an additional cost to Subscriber. 3. COMMUNICATIONS LINKAGE AND MAINTENANCE Subscriber shall independently, at their own expense, provide or arrange for installation, implementation, maintenance and suppo.rt o.f all lines and equipment necessary to transmit telephone, radio and radio microwave signals to and from Provider's receiving point(s) (such as portable and mobile radios; base stations, towers, repeaters at subscribers locations; fiberrr] connectivity to receiving points, etc). Provider's responsibility is limited to accepting communications links. Provider shall have no responsibility for maintenance o.r support of communications lines and equipment except to contract with Qwest Coinrnunications, its subsidiaries, successors or approved Contracto.rs for 9-1-] and E-9- 1-] lines and equipment, and to provide for maintenance of other equipment and software required for Provider's effective operation of the' sy stem. 4. DISPATCH PROCEDURES 4.] Not later than ]4 days prior to its effective date, Subscriber shall furnish PrQvider a complete copy of any proposed new or revised procedure, which would affect Provider's operations. Within ]4 days after receipt, Provider shall notifY Subscriber of any provision, which is incompatible with Pro.vider's o.perating needs. Unless Provider gives such notice, any such new or revised procedure shall be accepted and implemented by Provider no. later than 15 days after its receipt. 4.2 Subscriber may designate a particular procedure change as critical, where that change is required by court order or other exigent circumstances. Provider shall, to the extent possible, implement immediate pro.cedures, which accommodate the change. ]f any such procedure i5 incompatible with Provider's operating needs, Provider shall notifY Subscriber o.fthe reasons, therefo.re, while still implementing the change to the greatest extent possible. 4.3 If Subscriber and Provider cannot informally resolve any dispute under paragraph 4.] or 4.2 as to dispatch procedures, either party may request that the differences be reviewed by the Medford Chief of Police as provided in paragraph 7.6. 4.4 Provider shall train its personnel in those of Subscriber's procedures and regulations, which Provider deems necessary to effectively dispatch and .. . commtmicate with Subscriber's personnel. Provider will train Subscriber's personnel as need is determined by Provider and Subscriber. Training of Subscriber's personnel will consist of radio procedure, introduction and review of the emergency communications system, and topics that the Subscriber and Provider agree will promote efficient and effective use of the commtmications system. 4.5 Subscriber shall provide and continuously update current personnel work schedules and information necessary for Provider to contact Subscriber's on-call personnel. 5. ADMINISTRATIVE RESPONSIBILITY 5.] Provider shall have full authority and responsibility over hiring. training, discipline, scheduling, and assignment of personnel assigned to perform and to supervise services provided under this Agreement. Provider shall have full discretion and authority to assign priority service among conflicting service demands at any given time. 5.2 Provider may contract to provide services to other subscribers at its discretion; however, Provider shall tmdertake no such obligation which has the effect of diminishing or degrading the level of service provided to Subscriber. 6. SERVICE To assure the best possible senice to the Subscriber and to provide an avenue for operational and budgetary input, the Subscriber shall work directly with the RVCCOM Manager, perfonning the following functions consistent with laws, ordinances, other agreements and sound management practices: 6.1 Recommend phone answering and dispatch protocol, procedures and policies related to service delivery (including participation in detennining 91 llPSAP service if such service is transferred to another entity.) 6.2 Recommend dispatcher training criteria and program related standards. 6.3 Recommend equipment replacement and improvement in order to maintain a progressive standard within the communications center. 6.4 Recommend general dispatch standards including timeliness, tmit designator, and radio language. 7. MEETINGS: Once per year, on or about November I, Provider will conduct a meeting with Subscriber at a mutually agreed upon location to accommodate budget planning processes. A special meeting may be requested by Provider or Subscriber representatives at any time and will be scheduled by the RVCCOM Manager at the earliest convenience of all attendees. . RECORDS: The RVCCOM Manager shall keep the minutes of all meetings between Provider and Subscriber. A location shall be provided by RVCCOM as a permanent and accessible depository for all meeting minutes. All Provider/Subscriber correspondence shall be in written form and copies maintained with the RVCCOM Manager's records. Subscriber shall be provided a copy of all meeting records. ADVISORY POWERS: The RVCCOM Manager is advisory to the Chief of Police of the City of Medford, and to the goveming bodies of Medford Communications Center subscribers. Consistent with laws, ordinances, and other agreements, the RVCCOM Manager shall comply with recommendations regarding senice delivery from the Provider and Subscriber upon approval by the Chief of Police of the City of Medford. >. > DISPUTE RESOLUTION: The Subscriber, having a concern with regard to service provided, may go directly to the Manager to resolve the situation. If the issue is not resolved to the satisfaction of the Subscriber, the Subscriber may then go to the Adminislrative and Technical Bureau Deputy Chief of the Medford Police Departmentlf the issue is not resolved to the satisfaction of the Subscriber by the Deputy Chief, the Subscriber may bring the matter before the Chief of Police of the City of. Medford, who shall investigate and recommend a resolution. In the event the issue is not resolved by the Chief of Police to the satisfaction of the Subscriber, the subscriber may appeal to the City Manager of the City of Medford. 7.3.3 Should Subscriber raise a concern that substantially affects other . subscribers or the overall functioning of the center, the Manager shall refer the concern to the governing bodies of the Provider and Subscriber for resolution. . Neither party shall initiate any action at law, nor resort to any other legally available remedy without first having followed the procedure required by this section. 7.4 ANNUAL BUDGET RECOMMENDATION: ~A.l The Provider and Subscriber shall abide by the budget adopted by the Medford City Council with respect to any and all fiscal matters affecting the financial responsibility of subscribers to RVCCOM.. Any program or operational changes having expenditures requiring a supplemental budget under Oregon Local Budget Law must go through all budget preparation and review stages involving the Provider and Subscriber, as set forth herein. FEES Subscriber shall pay an annual fee for services under this Agreement. That fee shall be compuled as provided in Schedule B (Fee Schedule.) Fees shall be due and payable in advance in equal quarterly installments as set forth in Schedule B. Should Subscriber be in arrears in payment of set fees hereunder, such default shall not be deemed a material breach unless Subscriber's entire account balance is still unpaid more than 45 days after written notice by Provider of intent to terminate. 9. RISK ALLOCATION Neither party nor its officers and employees shall be considered the agents of the other for any purpose. Each party agrees to indemnify the other from claims which the indemnitor would be legally liable to pay, excluding specifically claims arising from the indemnitee's own negligent and/or intentional acts if: a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made the loss or injury sustained by the complainant resulted from the acts, errors or omissions of the indemnitor or those for whose actions the indemnitor is responsible under the Oregon Tort Claims Act. This mutual right to indemnity is in addition to and not in lieu of any other right or contribution or indemnity which may exist in favor of either party under Oregon Law: and the right to indemnity extends to officers, employees, and agents of the indemnity party for claims made against them because of their . ,. '. . actions or capacity as such. "IndemnifY," as used herein, means to indemnifY, defend, and save 'hannless. 10. RENEWAL, TERM AND TERMINA TION This Agreement shall be in effect commencing on the date of execulion as set forth below and ending June 30, 2013. This Agreement shall be automatically renewed after the original tenn unless either party pro\'ides notice to the other as provided below. Either party may terminate this Agreement at the end of the 5-year tenn (June 30, 2013) without penalty or cause, by written notice o(intent to terminate delivered to the other party no later than January l, 2012. (fno such notice is given, the Agreement is automatically extended and shall remain in effect between the parties unless terminated in the following manner: After the end of the original term, the Agreement may be terminated at the end of any fiscal year, without penalty or cause, by written notice of intent to terminate delivered to the other party no later than 18 months prior to the end of that fiscal year. Payment of fees shall be established pursuant to Schedule "B," attached. NON-APPROPRIATION: Notwithstanding the termination provisions above, termination may occur for non-appropriation. Specifically, all Subscriber obligations to expend money under this Agreement are contingent upon future appropriations as part of the Subscriber budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in tennination of this Agreement. As such, in the event insufficient funds are appropriated for the payments under this Agreement and the Subscriber has no other lawfully available funds, then the Subscriber may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to the Subscriber. The Subscriber shall deliver written notice to Provider of such termination no later than thirty (30) days from the determination by the Subscriber of the event of non-appropriation. CONSOLIDATION: Provider and Subscriber understand that potential exists for consolidation of dispatch services between Provider and Southern Oregon Regional Communications (SORC). In the eyent of a consolidation of dispatch services between Provider and SORC, Provider may terminate this agreement. Provider shall'deliver written notice to Subscriber of such termination not later than thirty (30) days prior to the implementation of new services provided by the consolidated entity. 11. AMENDMENTS The parties may, from time to time, agree to amend the provisions of any schedules attached to this Agreement; provided, however, that the method used to compute Subscriber's annual fee as set forth in Schedule B shall not be amended unless all other subscribers agree to similar amendment. Costs associated y,ith expansion of services, or new (not )"eplacement) equipment shall not be included in the calculation of the basic service fee without the consent of all subscribers_ All amendments shall be in writing, and signed by the parties' duly authorized representatives. As used in this section, "replacement equipment" means equipment which replaces a function previously perfonned by other equipment o\\ned or leased by Provider, and which must be replaced because its repair or maintenance cost equals or exceeds its fair market value. , , COMPLETE AGREEMENT 12.1 Schedules A and B, referenced herein above, are hereby incorporated as part of this Agreement as though fully reproduced herein. 12.2 This agreement represents the complete and integrated understanding of the parties with respect to all particulars covered herein. All prior agreements, written and oral, are hereby canceled. No prior written or oral representation, negotiation, or statement which conflicts with the terms hereof shall be . considered to in any way modify abridge, or invalidate any provision hereof, and no evidence of such shall be admitted in.any proceeding in which the terms and application of this Agreement are at issue. 13. NOTICE Any notice required to be given to Provider under this Agreement shall be given to Provider's Chief of Police. Any notice required to be given to Subscriber under this Agreement shall be given to Subscriber's Chief of Police. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as the dates set forth belo'ji, ) CITY OF/,'!EDFORD, QREGO}>(: ..r-I! ,,~.:',/,'. <J~'''/ By: (/ ljll/i!'/\//J.../(... ".,"---. I'. ,. I ; -- Mayor 6~/q' '- n !8 - / r Date: Approved: . ,,} ...-.7 ;..' [' ,..-...:,,' ..,/' /' ,/, -:// .'/ // ----:/ / // -- <7-i Chief of Police .-.. \, City of Medford .------ / ~/~ Chie of P6lice City of Ashland ',' Or SCHEDULE A BASIC EMERGENCY Co.MMUNICATIONS SERVICE FOR POLICE, FIRE AND MEDICAL AGENCIES I. Answer "business/seryice" caJls for seryice between the hours ofl700 and 0800 during the week, 24 hours per day on the weekends. 2. Answer all "9-1-1 emergency" calls for service. 3. Dispatch" business/service and "9-]-] emergency" calls for service. Maintain separate primary frequency for Ashland Fire & Rescue at a call-taker position. 4. Dispatching operations will be conducted with the use of a computer aided dispatching system, of which the Subscriber is a member of the regional CAD project. 5. Maintain and record unit status and availability. 6. Paging services for public safety purposes. (Shall include after hours paging/calling Ashland Public Works as well as receiving and directing associated calls for services in emergency situations.) 7. Radio broadcasts of "administrative message," "attempts to locate," "all-point bulletins," and "street closure announcements." This includes screening of teletypes and supplying that information to the proper jurisdiction. 8. Provide DMV (Department of Motor Vehicle,) NCIC (National Crime Information Center) LEDS (Oregon Law Enforcement Data System,) and Jackson County regional automated information as requested by field units and the Subscriber. 9. Maintain (",ith mutual assistance) an equipment resource file, responsible person file, personnel call-up list, programming for CAD files, and department personnel work schedule. 10. Provide public safety telephone messages via the Communications Center. II. Maintain backup radio and telephone equipment; also provide backup emergency power for radio and telephone service for the Communications Center. 12. Maintain recordings of all telephone and radio communications; provide retrieval at the Subscriber's request. AudiocoM copies will be provided at the Subscriber's request. .. 13. Answer "business/service/emergency" drop line from Ashland Police Department. Phone equipment and lines to be provided and maintained by Subscriber. ]4. Provide routine "testing" at agency's request. . . . . SCHEDULE BFEE SCHEDULE FOR THE CITY OF ASHLAND I. Subscriber's fee for services provided under this Agreement shall be the Basic Service Fee plus negotiated fee for any extended services. The fees shall be reviewed on an annual basis. Subsequent contract annual base fees shall be calculated on the percentage of workload generated by Subscriber in relation to RVCCOM's total operating budget. ].2 Fee Formula for DispatchinglPSAP Fees based on the following: 1.2.] Answering point for all Ashland PSAP calls, non-emergency phones, and after-hours utility phones. 1.2.2 Full-Time Dispatch Service to Ashland Police and Ashland Fire & Rescue. ] 2.3 The Basic Service Fee for any contractual fiscal year shall be adjusted annually, based on the preceding calendar year's actual J-cal]s for service as a percentage of the total RVCCOM J-calls for service as applied to RVCCOM's budget. EXAMPLE: (from 2008-2009 Expense Allocation) Total RVCCOM Budgeted Cost Total RVCCOM CADIRMS Budgeted Cost TOTAL RVCCOM Budget for Dispatch, CAD and RMS $2,462,680 $ 304,]93 $2,766,873 Current Charge to Ashland Current Charge to SOU $ 589,000 $ ] 4,000 Cost Allocation based on J-Cases: TOTAL J-Cases 210,897 Ashland SOU Medford TOTAL: 53,824 3,608 153,073 210,505 25% ]% 74~~ ]00% $719,000 . $ 28,000 $2,0] 9,873 $2,3] 6,544 Total: $692,000 Total: $ 28,000 Total: $2,046,873 Total: $2,766,873 City,' of-Ashland, Oregon - CC Dispatch Contract Page 1 of 3 , . . Citv of Ashland. Oreaon / Citv Recorder / Citv Councii Information / Packet Archives / Year 2008 / 06/03 / CC Dispatch Contract CC Dispatch Contract Council Communication _~_.____"__.___..._..__,.. _. _~_'_.'_______'__'F"~~_'__"_____"___"_"'___~_'___'__~_._. .--.-----..-.--.--.. --"." . Public Safety Dispatch Contract -~--_.__._- -~--_.._--~-----_. -------------~----~--~ --' - Meeting Date: Department: June 3, 2008 Police Primary Staff Contact: Tery Holderness Secondary Dept.: Finance E-mail: Secondary Contact: holdernet@ashland.or,us tu neberl@ashland.or.us 10 minutes Approval: Martha Bennett, City Administrator Estimate Time: Question: Should the Council approve the public safety dispatch contract with the City of Medford as proposed? Staff Recommendation: Staff recommends that Council vote to approve the public safety dispatch contract with the City of Medford as proposed. Background: In 2003 the City entered into an agreement with the City of Medford to supply dispatch services to the police and fire departments. That contract has expired and City of Medford has offered to renew-the contract at a total cost of $692,000. This is an approximate 18% increase over the cost of the last year- to the existing contract. The City of Ashland generates approximately 25% of the total activity in the Medford dispatch center. Under the new contract Medford is charging Ashland 25% of the total cost of maintaining the dispatch center. The police, fire and finance departments have analyzed the methodology being used by the City of Medford to determine the cost of the dispatch contract and feel that it is reasonable. After the originai contract was signed the police department liquidated all of the equipment required to operate a dispatch center. The police department would not be able to reopen it's dispatch center without a significant investment in new dispatch equipment. Police department staff has approached the only other dispatch center in Jackson County about the possibility of entering into a contract to provide dispatch services for the City of Ashland. We were advised that the dispatch center did not have the capacity to supply dispatch services to Ashland. Jackson County is now using grant funding to conduct a study on the feasibility of consolidating all public safety dispatch services in the county. The purpose of that study is to determine if one consolidated dispatch center will reduce dispatch costs for the entire county. If the study determines that a consolidated dispatch center is cost effective we estimate that center would be open and able to provide us with dispatch services in three to five years. Related City Policies: Section 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: I. The contract has a total value of seventy-five thousand dollars ($75,000) or iess; ii. The contract does not exceed a twenty-four month contract period; ht-tn./lulU/\ll <;lchl'AnrI or llcfPo::lOP ';:lC'n?l\J'.l"m-l1 ()Q7f(TPnnt-T'rn"" 7 /11?(1(1~ . City of Ashland, Oregon - CC Dispatch Contract Page 2 of 3 . . IIi. The contract provides that the contract may be terminated by the City for convenience thirty (30) or fewer days following delivery of written notice to the contractor; iv. Funds are budgeted for the purpose of the contract; v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions set forth below; in Section 2.50.025, and, vi. All other requirements for public contract code procurement have been satisfied, Section 2.50.02S Procedure for Review by Legal Counsel B. Exemption from Review. Legal counsel review is not required In the following circumstances: 4. The total contract amount Is less than $25,000. Section 2.50.075 Sole Source The appropriate department head shall determine when there Is only one seller or price of a product of the quality required available within a reasonable purchase area. To the extent reasonably practical, the appropriate department head shall negotiate with the sole source to obtain contract terms advantageous to the contracting agency. The determination of a sole source must be based on written findings that may include: (1) That the efficient utilization of existing goods requires the acquisition of compatible goods or services; (2) That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (3) That the goods or services are for use in a pilot or an experimental project; or (4) Other findings that support the conclusion that the goods or services are available from only one source. Council Options: The Council can either approve the contract as presented or request that the police department attempt to renegotiate the contract with the City of Medford. Potential Motions: I make a motion to approve the proposed contract with the City of Medford to supply public safety dispatch services for the City of Ashland. Attachments: Click on the PDF file below to view the following attachments: Contract for public safety dispatch services with the City of Medford. )+ Attachments Disoatch Contract.odf (297.BKB) The above document(s) are Adobe@ Acrobat@ PDF files and may be viewed using the free Adobe@ Acrobat@ Reader'". Most newer web browsers already contain the Adobe@ Acrobat@ Reader'" plug-in. However, if you need it, click on the "Get Acrobat@ Reader'"" icon to download it now. r ,. Ai:rbl.J3i~ \1G<!R'ct --. Adobe ,ea.er. httn:llwww.ashland.or.l1sfpa.....asn?Navm=110R7R>-.Print=Trn.. 711 nOOR City o. AShlana, uregon - CC Dispatch Contract Page 3 of 3 . . htto:llwww.ashland.or.us/Page.aso ?Nav ID= 11 087 &Print=True 7/112008 . , Cit~ Of Ashland, Oregon - Agendas And Minutes Page 1 of 11 . . City of Ashland. Oreaon / Citv Council Tuesday, June 03, 2008 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 3, 2008 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION V ACANCIES Mayor announced vacancies and noted that if anyone was interested in volunteering for any Commissions they should contact the City Recorder's Office. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of May 19, 2008, Executive Session of May 19, 2008 and the Regular Council of May 20, 2008 was approved as amended. The regular meeting minutes of May 20, 2008 were corrected on page 5 to reflect correct discussion by Councilor Navickas under discussion on continued original motion. Sentence should state the following "prioritizing public good over private interests." SPECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of June 14, 2008 as Flag Day in the City of Ashland was read aloud. - Mayor introduced those students that would be representing our City as ambassadors for our Sister City of Guanajuato. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 04/09 and 04/10/08 Citizens' Budget Committee 04/17/08 Citizens' Budget Committee 04121/08 Citizens' Budget Committee 2. Does the Council wish to approve a Liquor License Application from Peter Alzado dba Oregon Stage Works at 191 A Street? 3. WiD the Council approve the Agreement for Services between the City of AsWand and the Rogue Valley Transportation District? Councilor Hartzell requested that Consent item #3 be pulled for discussion. Councilor Chapman/Hartzell m/s to approve Consent Agenda items #1 and #2. Voice Vote: all A YES. Motion passed. Councilor Hartzell noted that next Monday night there would be a transit report by consultant HDR and wanted to know if there was anything in the report that would have an affect in the coming years or implications on what the agreement the council was being asked to approve. Management Analyst Ann Seltzer clarified that the options that the consultants are developing for Monday are long-term transit options and it is unlikely any could be implemented within this next year. The agreement the httD:/ /www.ashland.or.us/Agenda..asn?Disnlav=Minutes&A MfT)=::l4RIi&Print=Tnlf: 7/1 /200R . City ?f f'\shland, Oregon - Agendas And Mjnutes Page 2 of 11 . . . council is being asked to approve is just for this upcoming year. Councilor Hartzell/Silbiger m/s to approve Consent Agenda item #3. DISCUSSION: Staff clarified that the consultants are still working on the options and that if they are ready prior to the Monday meeting they will be posted on the city website sooner. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Adoption of FY2009 Budget and conduct First Reading of an Ordinance titled, "An Ordinance Levying taxes for the period of July 1,2008 to and including June 30, 2009, such taxes in the snm of $8,616,000 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move to Second Reading on June 17, 2008? Public Hearing open: 7:15 p.m. No speakers came forward. Public Hearing closed: 7:16 p.m. 2. Does Council wish to increase the Transient Occupancy Tax (TOT) from 7% to 9%? Does the Council wish to pass first reading of the attached ordinance? Public Hearing open: 7:17 p.m. Administrative Services Director Lee Tuneberg presented the staff report and explained that this follows the direction from council at their April 15, 2008 meeting. Using this information staff is recommending that the Transient OccupanGY Tax (TOT) be raised to 9%. Staff provided a table with information that came out of the April 15 meeting which indicated different types of allocation based on existing 7%, staff proposal of 9% and council direction of 9%. This table broke down information between non-tourism and tourism. He noted that during the Economic and Cultural grant development process, applicants showed a little over $40,000 as tourism related expenses and the total request for Economic and Cultural grants was $320,000 of which $40,000 was a portion of this. Approximately $125,410 was awarded which reduced the amount going to tourism, which was $8,719. Staff included' a draft Resolution which would make this increase effective October I, 2008 and give the lodging industry time to adjust to the proposed increase. Tax revenues would begin to be received for those that report on a monthly basis in Novbember 2008 and those that report on a quarterly basis in January 2009. Katy Bazylewilzl344 Idaho/Board President for Ashland Chamber of Commerce shared their appreciation of the City's support and appreciation on the increase, if the TOT increase is approved. She noted the good job of collaboration that has happened between all the entities involved and the opportunity to promote our . I . commumty. Sandra Slattery/110 E Main StreetlExectutive Director of Ashland Chamber of Commerce noted how important it is for the City to reinvest in the promotion of tourism and economic development through the Chamber. She noted how the Chamber offers all the tools needed to make the community successful and the importance of collaboration amongst all the entities in order to deal with the all the unforseen changes in the future. She noted how the competition for tourism is fierce and that it is important during these economic challenging times for the Vistor and Convention Bureau (VCB) to receive additional dollars to gamer more exposnre, build more events and remain competitve in the market place. She also noted the importance of building more events in the off season and create more reasons for people to visit our community. The support by the City through tourism dollars helps to support independent businesses and the Chamber supports the City's proposal to grant monies to the VCB. Graham Lewis/152 N PioneerlEncouraged the council to allocate the majority of the 7% required for tourism httD://www.ashland.or.us/A2:endas.asn?Disnlav=Mjnutes&AMID=3486&Print=True 7/112008 Cit~ of Ashland, Oregon - Agendas And Minutes ~ . Page 3 of 11 to the VCB. He stated that this is the body of the Chamber that provides tourism in our community and it not only pays for advertising but offers the opportunity for articles in travel magazines, newspapers and other publications. Dale Verger/36 S 2nd Street/Owners of Monet restaurant who noted their recognition on the potential that Ashland has to offer. She noted her membership with the VCB and that she is currently the Board President of this organization. She stated that as a buisiness owner they rely on the VCB to bring tourism to our community through their advertising. Urged the council to approve the TOT increase and to dedicate a good portion of this to the VCB. Mallory Pierce/885 Tyler Crrek RdlDirectorof Marketing and Communication for the Oregon Shakespeare Festival (OSF). Stated their support to increase 2% which would keep the City on par with Medford and Jacksonville and would generate important revenue for promoting Ashland tourism throughout the entire year. OSF supports the original staff recommendation at the April 15, 2008 meeting. In keeping with the spirit of the state statute requiring 70% of any increase in the TOT to be spent on tourism the original staff recommendation allowing $300,000 of the estimated available funds to the Ashland VCB and the remaining balance to a combination of economic development, real property and improvements and Ashland Chamber of Commerce seems to be the wisest promotion of these monies. She stated that the goal of the VCB is to promote all of Ashland and should be recognized as a leader statewide in tourism promotion. Denise Daehler/96 N Main Street #201/Noted that she has been a business owner in Ashland for about two years. Noted their appreciation of the community and hopes to continue to prosper in this community. Stated their support for the proposed increase in the TOT and that it be directed toward the VCB in order to continue the collaborative effort for increase in tourism, ' Deanne Andersonl618 Fair Oaks CourtINoted that she is a business owner and voiced her support of the increase in TOT and that it go towards VCB and Ashland Chamber of Commerce. She noted the difficulty for businesses due to seasonal tourism and that it is important to try and bring in tourism during winter months. She stated that these monies will help to promote adjuncts to OSF and noted that they have 20 people who work for them and that this will help to continue with employment for these individuals. . She shared information about a new Ashland Wellness Tour. Ginny Aver/1500 E Main Street/Interim Executive Direct~r of Science Works. She noted her involvment with VCB and her support that as much monies be directed to the VCB as possible. She voiced her appreciation of the grant monies that have been awarded to Science Works and shared how these monies had been used. Garrett Furnichi/l72 4th StreetIV oiced his support for the advertising dollars because he felt it would come directly back to their business. Commented on the economic crisis at this point and feels that this increase will help. Michelle Glass/212 E Main StreetIFood & Beverage Director for the Ashland Springs Hotel. She shared experience in the food and beverage industry and understands the difficulty with running a successful and profitable food and beverage business in Ashl~nd. She stated that the holel has 50 employees and noted the difficulty when these individuals have to be laid off during the off season. She believes that revenue opportunities are available in the winter seasons and that increased advertising during this time would affect the liviability of Ashland for its workers and the revenues that the businesses and the City enjoys. lac Nickels/821 Beach StreetINoted that he has lived in Ashland since 1973 and voiced appreciation for the increase in budget for tourism and the work by the Ashland Chamber of Commerce on increasing tourism in the community. He also noted that he is the chairman for Economic Stability for the Ashalnd Chamber of Commerce. He stated that due to the economic times that it is important to bring new businesses into town. He believes that there will be a decline in tourism and urged the council to increase the budget for the Chamber to continue its efforts for economic development. htto:!!www.ashland.or.us!Agendas.asD ?DisDlav=Minutes&AMID=3486&Print=True 711/200R 'CIty ?t AShland, Uregon - Agendas And Minutes '"' . Page 4 of 11 Tom Olbrich/356 Alta Street/Noted that he has been a resident in this community for 28 years and is the Executive Director of the Ashland Film Festival and has served as a volunteer VCB. He spoke in favor of increasing the TOT to 9% and felt that this increase would be good for the community. If the proposed increase is approved, the Economic & Cultural Development subcommittee would see a substantial increase in funding and the Film Festival is greatful for the grauts that have been awarded to them. He voiced his understanding on the difficulty that this committee struggles with every year when awarding these grants. He noted the lack of funding for the VCB is dramatic and the proposed increase is based on what other communities have done. He stated that the annual Film Festival would not exist without the grant monies from the City and is aware of how a strong, vibrant, VCB would be an asset to the Ashland Film Festival and other non profit organizations. He voiced his support on the increase of the TOT to the VCB and for the Economic & Cultural subcommittee grantees. Pam Hammond/632 Walnut/Noted that she is the Vice President of the Ashland Chamber of Commerce and co-owner of Paddington Station. If council approves the TOT they should consider the VCB and noted the challenges during the current economic times in regards to costs. She noted their support of VCB who has the ability to promote and develop events outside our region with proper funding. Josh Hammock/1239 Old Willow LaneINoted that he runs the Stratford Inn and voiced his concern with the timing of the proposed increase of TOT. Commented on how the increase of 2% to the TOT would affect those customers that have already made reservations to come to their business. He explained how budgets are shrinking and he is uneasy with the July 1, 2008 date and would prefer the October 1, 2008 start date in order to prepare. He voiced his support of increasing the amount given to the VCB who he believes knows better on . how to manage the money. Chuck Y oung/l3l3 Clay Street/Noted that he is co-owner of a Bed & Breakfast (B&B) and is the designated spokeman for B&B organization. He voiced his.caution about the current economy and how money is going to be spent based on past history. He stated that there is a general comfort level with the proposed increase and their confidence level with the VCB as they are in the best position to spend this money wisely. He challenges that the state mandates 70% go to tourism and that 30% can be spent at will. He would like that over time to get more of the 70% of the proposed 2% increase geared toward tourism in order to be more competitve with other cities in the state. Don Anwayl212 E Main Street/General Manager of Ashland Springs Hotel. He understands how the VCB should rnn and asked that the council look at the percentages that the staff has presented. He noted his concern that Medford has over $400,000 for a promotion budget as compared to Ashland which has only S208,000. He stated that the proposed 3.9% increase for the VCB is not that much money and is concerned with where the allocations are. He felt that the council should think about the sinall tourism grants and that the VCB can work with small grantees and draw people to come and visit Ashland and promote their events. He felt that it was more important that the VCB receive more of an increase and explained how the market in the valley is changing by large corporations coming into Medford and the size of their budgets as compared to Ashland's. He noted the importance of getting involved in the Portland market and that $225,000 is not adequate for the VCB to promote and compete. Katherine Flanagan/ll0 E Main StreetJPresident of the Visitor Convention Bureau and Marketing Director for the Ashland Chamber of Commerce. She explained how the VCB is well positioned to the lead the way for tourism promotion in Ashland. She noted the various representatives and members of the VCB and how they depend on the VCB for promotion efforts. She also noted the existing successful events and those in the future. She read quotes from a letter of support from Carolyn Hill who is the CEO of Southern Oregon Visitors Association (SOV A). The quotes shared how a healthy Visitor and Convention Bureau can give Ashland a competitive advantage and position as an important tourist destination. Increased funding in the VCB will allow them to participate in meaningful and regional marketing programs and allow them to playa role in Travel Oregon and other programs. She noted the partnership between VCB and SOV A. httn:!!www.ashland.or.lJs!A..p.ncl~s.~sn?Disnl~v=MinlJtp..<~ A MlT)=,4Rn~ Print=Tmp. 711/?OOR City of Ashland, Oregon - Agendas And Minutes Page 5 of 11 ". Public Hearing closed: 8:15 p.m. Mayor Morrison asked for the council to share their positions on the proposed increase. Councilor Hardesty supported the 2% increase and understands the value of giving VCB more money. She felt that the $225,000 is appropriate and that consideration on giving more next year could happen. She also noted how small grants have been helpful and are important in the Economic & Cultural area and in tourism area. Councilor Navickas voiced his support of the 2% increase and is an opportunity to invest in Economic & Cultural development. He supports the council's direction in distribution and noted how small grantees have developed over the years. He felt that small grass root efforts are important and how other organizations have helped stimulate our economy. Councilor Chapman voiced his support of the increase only if it could be more specific on how the money is spent. He voiced his concern with the distribution. He noted the budget of $400,000 on Visioning and wouldl not support the increase until the distribution is better worked out. Councilor Jackson voiced her support of the 2% increase and is happy to start with councils adopted distribution. She suggested that the Chamber continue to reach out to small grantees for a partnership with tourism dollars. She felt that the definition of what is a small grant should be worked out. - Councilor Silbiger voiced his hestitancy about raising the TOT but noted the support from businesses and a lack of oppositon. He agreed that the allocation is not specific enough and is not comfortable with proposals in terms of being specific. He does believe that the VCB does a good job and has witnessed how the small grantees have benefited and grown. If the council would go in this current direction he would suggest allowing the Chamber of Commerce to particpate in grant funding for specific events. He stated that there is a lot of cross pollination between small grantees that is not just tourism or cultural, but both. He feels that it is the 30% driving the 70% and that it is the council's goal to increase Economic Development. He voiced his support of focusing on specifics and the economic portion of this. Councilor Hartzell stated her initial hesitancy on the percentage increase but became more comfortable once she became more aware of numbers from around the area. She understands the logic in using the current economic development engine to figure out what comes next and to add to it. She believes that this change came about, in order for us as a community to do this, not as a City and this is the challenge. Until there is a Economic Development planning there is an "unkown" and is important to start. She does believe that there are specifics and that the plan is only for a couple of years and that the outcome will point to projects where there is community agreement on. She hoped that the Housing Trust Fund would have been included due to its tie to economic development and urged the council to include this for discussion purposes by including as many streams as possible. Council consensus was in supporting the 2% TOT increase and the concerns regarding specific distribution was noted. City Administrator Martha Bennett clarified that staff would come back to the next council meeting with a Resolution to allocate the funds and if this includes an October I, 2008 start date another Resolution would be done to pro-rate this amount for the year. In addition, if the counci( includes "qualified city projects" then staff will come back to council on recommendations. She voiced her continued concern with the ability to allocate $109,000 and understands that staff will need to return to council in order to get some of their questions answered. She stated that staff will work with the Apriill5 council motion unless directed otherwise. httn"/Iwww ~_l;:hhnr1 or 11~1 A op..nrh~ ~l;:n?nl~nl:nl=Mlnlltp<:Rr A Mm='ld~';RrPnnt=::TnlP 7/1 nnM . City of Ashland, Oregon - Agendas And Minutes .' Page 6 of 11 .;- ~ " Councilor Hartzell suggested creating a separate category for medium sized groups on consideration of awarding grants in the future. Mayor also voiced his concern with $109,000 and understands the need to meet the economic reality of current conditions. He understands that there is support for using this money for existing efforts and the VCB due to the competitive environment He does believe that there needs to be an Economic Study where it is based on diversification and understanding our community better. Ms. Bennett clarified that the council needs to decide on the increase, which the proposed ordinance would do and then staff would bring back a Resolution for discussion on distribution. Councilor HardestylHartzell m/s to increase TOT by 2% increase effective October 1 2008, DISCUSSION: Councilor Navickas complimented the Chamber of Commerce for organizing a unified message and challenged the council to attend the Mid Summer Nights Dream that is going to be held and noted the need for the increase in the TOT that helps support smaller grantees. Councilor' Jackson voiced her support of the current distribution because there has always been more requests for the Economic Grants than can be funded. She also agrees that being more specific on the amounts between tourism and the Economic grants. Councilor Silbiger voiced his hesitancy to vote in favor before having the opportunity to discuss qualified city projects and how to handle small tourism grants. He would prefer to wait for the Resolution and does believe in the need to visit with the Chamber, middle sized groups and work out qualified city projects with a long- term plan. He stated he would join the council in supporting the proposed increase as long as there is more discussion in the future on the flexibility where tourism dollars are used. Councilor Hartzell requested that when staff brings back a list of qualified city projects, she would like for staff to talk to Planning Commissioin about the last time the Downtown Plan was discussed and parking signage. . Roll Call Vote: Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES; Chapman, NO. Motion passed 5-1. Councilor JacksonlHartzezll m/s to approve first reading of ordinance and move to second reading. Roll Call Vote: Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES; Chapman, NO. Motion passed 5-1. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should Council adopt the Fiscal Year 2008-09 Annual Budget and make appropriations as presented? Lee Tuneberg Administrative Services Director noted the revisions as recommended to council by staff. He pointed out an increase in the Airport fund of $38,3000; an increase of $36,500 in the Capital Improvement Plan; an increase of $4,400 in the Electric Fund Debt Service for the clean renewable energy bonds (CREB); and an increase of $33,200 in the Central Service Fund to correct for a reduction in staff taken twice in the prior revisions. With the results of these changes the total budget amount is $95,206,615 and a proposed property tax rate of $4.0797. This covers the General Fund and Parks Fund general levy, .13 cents on the Library levy and a certain amount that is in the budget itself on the Debt Service that was approved. This amounts to a total $4.4179 property tax rate. He clarified that there are four actions that the council needs to act on which are the following: approve an Ordinance to levy taxes, approve Resolution to qualify for State Subventions, approve Resolution to receive State Revenues, and approve Resoluition adopting annual budget and making appropriations. He explained that due to the action taken on the TOT an adjustment to the appropriation level in the General Fund on monies to be spent per the higher tax rate for Transient Occupancy Tax needs to be done. He stated that there is funds included for the Visioning or Economic Development program but there has been no change in the grant area. The worksheets provided for the TOT showed $436,000 httno/lwww ~.~h1::mrJ or 1l.c:/AO"P,nn~~ Rc:n?Di<::nhv=MlnntpsRrA Mm=i4.RAR.rPrint=l'nlP. 7/1 !?OOS< CHi 01 Ashland, Oregon - Agendas And Minutes " . Page 7 of 11 .' more in revenue if the tax is done July 1,2008 but with the delay start date on the TOT tax to October '1,2008 there may be an estimate of $250,000 more in tax revenue for the next year. Because there is $200,000 in the Administration budget for projects he would recommend increasing appropriations in the General Fund by the difference. Staff clarified that this would be done by Resolution for council approval. Councilor Hartzell voiced her concern with the cuts in the Fire Department budget and fire inspections that are not going to be done. Ms. Bennett explained that the Fire Department is spending 98-99% of their budget level and to sustain a $107,000 budget cut they would have to cut the position they spoke of at the Budget meeting, which was the Fire Inspector position. She explained that staff is looking at the revenue side.to see if there could be an increase of fees and charges but the problem is charging for something that may not happen. Ms. Bennett explained that two of the city's unions had agreed to transition from current health care plan to the preferred provider plan which will save the city a significant amount and would accrue to the departments. Council continued to discuss with staff the cuts associated with different departments and how city services are affected. Mr. Tuneberg explained that the council has the authority through Oregon Budget Law to either increase any fund by $5,000 or 10%, whichever is the greater. This would mean increasing appropriation which would then affect the ending fund balance. Ms. Bennett continued to explain what happens when staff positions become vacant and how departments are hesitant to fill positions that may be cut in the future. Staff explained to council how funding could be done through a supplemental budget and their desire to find new revenue streams that have not currently been identified. Council discussed at length the budget process and how the Budget Committee had full discussion on their recommendation. There was concern raised with making changes to ending fund balances and doing something different than what was approved by the Budget Committee even if some councilors did not agree with this decision. It was pointed out that Oregon Budget Law does allow the council to make changes and that it is not unusual for this to happen. Continued concern was voiced that buildings were not being inspected and it was not responsible for the city to allow this to happen. Mr. Tuneberg clarified that the city may receive monies from Bonneville Power Administration (BP A) but the amount is uncertain. Ms. Bennett stated that because positions have not been filled does not mean that service levels are not being met. Staff agreed to keep the council updated on the current transitions and will bring back alternatives when identified. Council members voiced concern on taking money out of the ending fund balance but also acknowledged the importance of inspecting buildings and the safety issues associated. It was agreed that looking for other revenue streams .is a good idea and that departments should be allowed to manage their budgets when faced with cuts. Councilor Jackson/Silbiger mfs to approve Resolution #2008-15. Roll Call Vote: Silbiger, Hardesty, Chapman and Jackson, YES; Hartzell and Navickas, NO. Motion passed 4-2. 2. Should Council certify that the City qualifies for State Subventions? Councilor JacksonlHardesty m1s to approve Resolution #2008-15. Roll Call Vote: Silbiger, Chapman, Hartzell, Hardesty, Jackson and Navickas, YES. Motion passed. httn'/lumrUl !:l~'hl~nr1 ('or llel A O"pnrl~c ~cn?ni~nl~HI=M;nlltp~.Rr A f\tfTT)='i..15U,.RrPnnt::::TnlP 7/1 /,)()()R Ci~' of Ashland, Oregon - Agendas And Minutes ~' ,.. Page 8 of 11 , 3. Should Council declare that the City receive State revenues? Councilor SilbigerlHardesty mls to approve Resolution #2008-14. Roll Call Vote: Hartzell, Jackson, Chapman, Hardesty, Silbiger and Navickas, YES. Motion passed. Continuation on adoption of FY2009 Budget discussion and First Reading of an Ordinance titled, "An Ordinance Levying taxes for the period of July 1, 2008 to and including June 30, 2009, such taxes in the sum of $8,616,000 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move to Second Reading on June 17,2008? Councilor JacksonfSilbiger rnls to approve first reading of ordinance and move to second reading. DISCUSSION: Jackson commented that she would not vote against the budget but feels that the approach to providing quality service to the community should be on how to retain these positions not how to avoid using property tax authority and is very disappointed in the Budget Committee this year and hopes to have further community discussion. Councilor Hardesty felt that the Budget Committee did a good job and that it is difficult to weigh the pros and cons and that keeping taxes modest is a good way to run our city and that there are ways to economize. Councilor Navickas commented in his disappointment on the decisions made by the Budget Committee, one of which he felt was a policy decision to maintain fund balances. He voiced his concern with continued cuts to ending fund balances, which has the potential to effect emergency situations. He does not feel this is a fiscal conservative policy but a fiscal irresponsible policy. Roll Call Vote: Silbiger, Hartzell, Chapman, Hardesty and Jackson, YES; Navickas, NO. Motion passed 5-1. PUBLIC FORUM Art Bullock/Announced that a Land Use Board of Appeals (LUBA) case, regarding development on Glenn Street that had been filed by himself, Philip Lang and Colin Swales had been won against the City of Ashland. He stated that this was a difficult development and had required five months of council review time. He stated that LUBA had found that the City had violated its own law and remanded it back to the council. He voiced his appreciation to those councilors who had voted against this project. He stated his belief that the council is under heavy pressure from developers and consultants to bend the law in favor of developers and their interests. He also noted his appreciation to those members on the Planning Commission who voted to support the law in the public's interest and looks forward to the day when the majority votes in this direction. He stated that those that had appealed had asked that this be dealt with through alternative dispute resolution which was denied and which then resulted in unnecessary expense to the taxpayers. City Attorney Richard Appicello responded to Mr. Bullock's explanation of the LUBA decision. He explained that the reason why this was remanded back to the City was that there was a request for an exception on Street Standards. The exception to Street Standards was to have a curbside sidewalk in lieu of a parkrow. LUBA found that the Findings and Conclusions did not find demonstrable difficulty in meeting the requirement to build a parkrow to justify an exception to Street Standards to build a sidewalk. This is the only issue LUBA found with the appeal and is why it was sent back to the City. The council will be asked to look at the question of whether the applicant wants to proceed with a curbside sidewalk or a parkrow. It could be that the city should not have granted the exception to the parkrow and this is the only issue and does not include the set back or design standards. one) NE MI CELLANE US BUSINE S . Should the Council approve the public safety dispatch contract with the City of Medford proposed? Police Chief Terry Holderness presented the staff report where he explained that the City had entered into an agreement with the City of Medford in 2003 to supply dispatch services to the police and fire department. This contact has expired and the City of Medford has offered a five-year extension of the tract. The contract does include an approximate 18% increase, which provides for the City of httn"/Iwww ~~h1::mr1 or nr:::./ A op.nrJ:::tr:::. :::!!;:n?n1.r:::.nl:::tv=Minntp..r:::.Xr A MTl)=i4.RflRrPrint=Tnlp. 7111?OOR 'City"of'Ashland, Oregon - Agendas And Minutes ..~ Page 9 of 11 and to be responsible for paying 25% of the total costs for dispatch services. City of eCiford has never charged the City of Ashland full price and that this is the first full ye hat Ashland will experience full charges. Chief Holderness assured the council that the service level being provided, which is 24/7 with 0 e tcher dedicated to the City of Ashland, is sufficient and meets the needs of the City. He explained that Jackson County is now using grant funding to conduct n the feasibility of c .. n all ublic safety dispatch services in t ,1C is the long-term goal. He felt the five-year contract protectsl e city and moves in the direction of consolidation. Councilor Chapman/Jackson mJs to approve public safety ~ contract. Roll Call Vote: Chapman, Hartzell, Jackson, Navickas, Hardesty and Silbig~Motion passed. . 2. Will Council revise City policies and practices to fonn a Transportation Commission and disband the Traffic Safety Commission and the Bicycle and Pedestrian Commission? Interim Public Works Director Jim Olson presented the staff report and stated that the combination of these two Commissions has been a goal for quite a few years. He explained that both Commissions are different by having different duties and responsibilities, but do overlap in several areas. He noted that in the past, there had been broad objections to the combining of these two Commissions but more recently it has changed to more broad support. He commented that most of the support comes from recognized transportation issues that are not being addressed in any other Commission or Committee. .Mr. Olson stated that staff has met several times with Commission members to discuss ideas and identify key goals that should be included in the Transportation Commission. He stated that safety is the number one aspect and is the primary element. Staff is recommending that part of the duties and responsibilities associated with safety be delegated to a sub-committee of the Transportation Commission in order to have a better flow and delegation on issues that have a higher safety interest to the full Commission. He explained that Planning is another element that this Commission would need to look at and proposed that general recommendations would be made to the City on long-term transportation plans. He stated that funding would be the ability to prioritize and provide long-term development plan for transportation and transit projects. .Mr. Olson stated that advocacy would be an important role that this Commission would need to assume and noted that parking is another key element that would need to be addressed. Staff looked at different configurations on the matter of how many voting members should be on this Commission and recommended nine voting members. It is understood that this is a draft ordinance that is being presented and that this is only a starting point in order to begin discussion. Matt Warshawsky/821 IndianaIVoiced his support for'the Commission but also voiced his concern that this Commission not be used as a method for individuals to impede or affect regular planning issues. He stated that advocacy is an issue of why this has failed previously. He pointed out that the two big events that are associated with the Bike & Pedestrian Commission, the Bike Swap and Car Free Day are actually run by two volunteers along with the Parks & Recreation Department. He believes that the Bike & Pedestrian Commission may not have as much advocacy as believed, and that the Transportation Commission should support advocacy but not necessarily be the advocates. Colin Swales/461 AllisonfNoted that he is the current chair of Traffic Safety Commission and liaisons with the Bike & Pedestrian Commission. Mi, Swales stated that his comments are personal and does believe that there is some synergy between the two Commissions. He believes that since the Planning Commission has decided to take out of their role, the transportation issue, there is a big hole httn"/lu"UUl ~~hh:mrJ nr 11~1 A Cfpnril~(,> ~(,>n?ni(,>nl~,,:::::l\If-inlltpcRr A l\ATf)=1.1~h..RrPr1nt=TnlP 7111?()()~ . City. r8f Ashland, Oregon - Agendas And Minutes Page 10 of 11 .. ~ in overall planning. He voiced his support for the joint Commission and that it is broad enough to attract interest from the members of the community along with the advantage of cost savings associated with city staff time. He suggested that all the Commissions should have the same term limits in order for equality between Commissions. Art BuIlocklHe stated that the Transportation Commission could be successful if the following three issues are resolved: 1) Completion of Transportation Plan, 2) Danger of "Car Focus" which has been the focus by the Traffic Safety Commission and Bike & Pedestrian is more "multi modal" focused which may be an issue if these two Commissions are combined; and 3) Advocacy. He felt that the Traffic Safety Commission is a reactive Commission as compared to proactive, planning or advocacy areas. Mr. Bullock stated there needs to be leadership in establishing bus service, bike lanes and making Ashland more walk able. City Attorney explained that the version in the packet provided to the council did not include language associated with term limits as noted by Mr. Swales and that under the Powers and Duties of the sub-committee, staff had taken out the reference to pre-application conferences on planning actions. Staff changed language to include more long-range planning which would allow comments, suggestions and concerns to the Planning Commission on City of Ashland Transportation Plans and Programs with emphasis on long-range and regional plans. He also explained that in terms of membership, there are 13 ex officio members and that staff had removed the City Attorney and the Municipal Judge. The reason for removal of the Judge as a member was that it would place the Judge in a position of recommending legislature where the judge would have to then enforce and would create a conflict. Mr. Appicello explained that he had sent these changes out to the council by email earlier that day. He clarified that there was no reference to long-term planning in the proposed ordinance language and charged the Traffic Hearing sub-committee to make recommendations to the full Transportation Commission on long-range transportation plans. It was questioned why the sub-committee would be called the Traffic Hearing sub-committee rather than Transportation Planning sub-committee and concern was raised about the Planning aspect. Mr. Appicello explained that one of the charges of the sub-committee would be to consider recommendations on safety issues. Mr. Olson explained that the goal was to eliminate some of the extra excess hours of time that the Commission spends on minor issues. Mr. Appicello explained that the full Commission would still have planning duty and responsibility but what was removed was the pre-application process. Council agreed that there was a need for further discussion and' staff was directed to schedule a Study Session. ORDINANCES, RESOLUTIONS AND CONTRACTS (continued) 5. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements and amending AMC Chapter 2.28" and move to Second Reading on June 17, 2008? City Attorney Richard Appicello read the title in full. Interest was noted on having periodic lists provided to the council on what has been approved. Staff suggested that language be added to include a review every two years. httn'llunl!U! ~~hl~nr1 nt" 11~/1i. (Tpnr1~c ~cn?TJ,cnl~,,-T\If;nlltpC'.RT Ii. T\tf1T)-':tLlQhRrP.rint-'T'rl1P 7/1 f')()()Q City of'Ashland, Oregon - Agendas And Minutes ,;:"'1 .... Page 11 of 11 Councilor JacksonlHartzell rnls to approve first reading of ordinance with amendent to include review every two years and move to second reading of ordinance. DISCUSSION: Councilor Navickas voiced his relunctance to approve and that it was important that the council retain this type of authority of review. Roll Call Vote: Silbiger, Hartzell, Hardesty, Chapman and Jackson, YES; Navickas, NO. Motion passed 5-1. 4. Should the City Council conduct and approve Second Reading of an Ordinance and approve adoption of the Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Land Use Ordinance concerning special [arterial] setbacks and associated street standards adopted in Ordinance 2836"? Councilor Hardesty noted the handout she had provided to council and staff and asked that these issues be addressed prior to any further discussion. OTHER BUSINESS FROM COUNCIL MEMBERSfREPORTS FROM COUNCIL LIAISONS Councilor Jackson stated that she would like work to begin on the Transportation Commission. City Administrator Martha Bennett suggested inviting the Bike & Pedestrian, Traffic Safety and Planning Commission members to the Council Study Session for their input. Ms. Bennett stated that any input that can be provided to the staff prior to this meeting would be helpful. Councilor Navickas commented that he was not sure on his support of combining these two Commissions and likes the idea of a Bike & Pedestrian Commission that works specifically on bike and pedestrian issues. ADJOURNMENT Meeting was adjourned at 10:30 p.ll. Barbara Christensen, City Recorder John W. Morrison, Mayor httn:/ /www.".<hl"nn.nr.ll</ A ""nn"<."<n ?Di<n 1 "v=MimltP.<IO-.A Mm=:i4RIl&Print=Tnle 7/1 /200R . ~ITV RECORDER Page 1/1 ... ._~ CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 !l:~:fl"~;~DI:\;,,[E:ZX/:1l,::~3.~;;.i illi~:gR~olNUMBERiL '1 8/4/2009 09130 VENDOR: 002503 MEDFORD, CITY OF 411 WEST 8TH STREET, #358 MEDFORD, OR 97501 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Gaii Rosenber~ Confirming? No ;z:-:aiJarititV~~ r:1unil~j ~1}El~:~-"-- . ':::}=1~~ltr~~=:'A[b7rfe:strHmon~~';:~~}=~:; ; :~1Jf<?j:-'.,~7"Ei~~-'-~:U:J C;.;4uffiiiRfice_;~~LJ *~rExf:l8Ffc;e(IT:13 Annual emergency 911 Dispatch Services contract with Rogue Valley Cental Communication (RVCCOM) - FY 2009-2010 702,600.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 702 600.00 0.00 0.00 702,600.00 ~~cC9'mmNLifi1berm~ ~1ifRrofect~Num~2!::>14 ;S;&~!Amoumitm ~~~~iTNumnerX\~ ~5?lRrojecmmnrber~. ~B.i;Am()unt~lEi~] E 1 10.06.09.00.60416 653 418.00 E 1 10.07.13.00.60410 49 182.00 ~.:J. A~~g~!o-l VENDOR COPY " CITY OF ASHLAND . A request for a Purchase Order REQUISITION FORM Date of Request: 08/04/09 THIS REQUEST IS A: D Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name. City of M,:orlfnrrl Rvr.r.n~A 411 WR~!';t Medford OR 97501 Aftn: Jolavne Fulmer SOLICITATION PROCESS Small Procurement 181 Sole Source 0 Invitation to Bid o Less than $5,000 o Wriften findings attached (Copies on file) o Quotes (Optional) o Quote or Pronosal attached CooDerative Procurement 0 Reauest for ProDosal o State of ORJWA contract (Copies on file) Intenmediate Procurement o Other govemment agency contract . 0 Special I Exempt o (3) Written Quotes 181 Copy of contract attached 0 Written findings attached (Copies attached) 0 Quote or Prooosal attached 0 Contract # 0 Emeraencv 0 Wriften findings aftached 0 Quote or Prooosal attached Description of SERVICES Total Cost ~iiY~i{'~~Jf~:::~~'~1;~":.~~B;~~;::~ ~,,,"'~""'''&ffJ ~\ ,/, '"~",.~.: .ilitl"t-;'..,,~.." .:t,~", '_~'i'l..'l,-. .;-:,,, J .~. .. .~~, "".t.........,;:. ~,~-~~ ,". ~. ~r .:"f" :~" ;.r..,~. ~, '''"''~....'''"...~~' ,.;1 ".t<'of"o;'P I"~ ~".r.t~1.;, " ". j ',;(#i<J.~,%--u.lh_":_!'.i;~'~;;;I' :'.'\'i[f'Ji..~J\... ':4' i '600"'Oo~,""."l1i:"""f).;i,-.:4ti"I"I"";!;...~.~,,,.,:s57;f" ~~;...j>i'::i1~}1" ~~,~;:~~:i~}':,i'_~.~:~~~:~~~~:"~'~} o Per attached PROPOSAL 2009-2010 Annual emergency g, 1, 1 Dispatch Services Contract Rogue Valley Central Communication (RVCCOM) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ~._'_.- '--')r<(-~."~'-""~;~ ;;.,TOTAL:',COST"iI' 0 Per attached QUOTE ~?~::~t~~~~F;~ Project Number - ~$E'4?""';'~'r~'!\;;;' '_ 'H ,".' >,-,.;~.\';'?t;..~ ...,,'":~ - - - - - - - - - ". .../L~I.'.:"'I_,,~,,__.... .l__,..~,. Account Number 110.06.09.00.604160 $653,418.00 (93%) 110.07.13.00.604100 $49,182.00 (7%) 'Items and services must be charged to the appropriate account numbers for the financials to reflect the acfual expenditures accurately. By signing /his requisition ~ and the documentatio?,cE:n Employee Signaturf_ rtffyt?at the information provided above meets the City of Ash/and public contracting requirements, vi upon ~ uest. Supervisor/Dept. Head Signature: () C ~ "I-~ /eT G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc Update<l on: 81412009 5415522154 10:08:48 08.04.2009 212 . . <D 0 0 N ~ CO 0 00 0 r-- Q 0 00 0 '" I'- 0 II) (f) ~ 1il \\) 0 CO II) N (!) OJ ~ "<t 0 (!) u OJ 01'- I'- :0 '- . C N^ [!) N E ~ 0 .- 0 00 " " ,.... ::: :> '#~ a: 0 <1> ~ Z c C\I fA fA fh U). .Q I - Cii 0') lJl 0 (f) (f) 0 0 0 0 EO l 0 0 ~ 0 ~ 0 0 - 0 0 0 t.l II) II) 0 0'<1' C I'- I'- C 0 "0 r----- CO CO N'..n OJ' 0) m 1il C\I OJ NC'l CO m ~ 0 - "<t C') I'- <D W 0 OJ Ql N- fFJ- N fFj en u c;t:. :0 "0 fFj a [!) 0 :> E .' m W fFj fFJ- -:.- 0 ..- " " m 00 0 0 :> 0 00 0 0 a: c I'- CO <D ~ 0 0 ~..nN' <D - +:: NC'lO <D - <a 01'- I'- <( 0 N N 0 Q) <l: (J) t: fFj <h fFJ- W Q) - ~ ~ ?ftcf!. Co c 0 0 <1> q CO "<to J >< U ~ C'l u)c> ~ W ...J <1> I'- NO <:: c.. ~ ~ :CI) 0 I'- II) 0 N .;a: ~ en C') CO "<t "<t [fJ <1> 0 (f) II) N en a: 2 <a C'l ~ N I'- CI U II) II) 0 D ~ N U .." C t: _Cll ,m enO (J) 0<:: 0 000 OTI <( u ill.r::- <1>-0 (J) 0 _ OJ_ <1> en nl <1> en TI 0- (J) "":... U ~.~ nl .c: OJ 0 0 00[fJ~ u ---, 0 .r:20 c c ..- o ~ ~ :::J 0 m -CI- .r: nl___<1> 0 U Co 0-001 (J) OJ .'!2 <( -g <:: [fJ (J) (J) 0000 0 .8 ro .- - ..0 0 22 OJ OJ Q) C 00.2 01 01 0 ~ ~ 000 Cll nl '-'" TITIOO .r: .r: ro o On.. 00 0 ~ c...J > >-0 0 :::J.ECll<l: CICIo - - <( -o-~ c c O<1>-liio CO CO 15 OJ Q) - ~ ~ 002<(1- --<1> ~ ~ (J) o O2 OJ OJ 0 1-1- 00 0 . , Fax CITY OF ASHLAND DATE: August 4, 2009 TO: Kariann FAX: ( ) 488-5320 FROM: Gail'Rosenberg Administrative Assistant RE: Additional documents for PO 9130 COMMENTS: _2_ pages including cover letter ASHLAND POLICE 1155 E Main Street Ashland, Oregon 97520 WI.\fW.8shland.or.us Tel: 541-482-5211 Fax: 541-486-5351 TTY: 800-735-2900 ~.. .-.. -, l/ ~ BOOl-vO-90 l,:90:O~ vSlllSSl17S