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Home My WebLink About2011-1220 Regular Meeting 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 permining,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 alloned to you,if any. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 20, 2011 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:30 p.m. Executive Session for discussion of real property transaction pursuant to ORS 192.660(2)(e). 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL . IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of December 5, 2011 2. Executive Session of December 6, 2011 3. Regular Meeting of December 6, 2011 VI. SPECIAL PRESENTATIONS & AWARDS VII. CONSENT AGENDA [5 minutes] 1. Will Council Approve the Minutes of the Boards, Commissions and Committees? 2. Does Council wish to approve a Liquor License Application from Emil McMillan, Jr. dba McMillan's Hong Kong Bar at 23 North Main Street? 3. Does Council wish to confirm the Mayor's appointment of Tobin Fisher to the Historic Commission with a term to expire April 30, 2014? 4 Does Council wish to confirm the Mayor's appointment of Richard Kaplan with a term to expire April 30, 2015 to the Planning Commission? 5. Will Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the acquisition of Itron electric meters directly from General Pacific for a term of three (3) years beginning January 1, 2012 and expiring December 31, 2014? (011NClI \1FI Il\(iSAR613ROADC1SI L1V1 (lNUTAINNE.1.:9 VISI f l lit; CITY Ot' ASIII,AND'� N•F,13 Sll F AT WW W ASIIL,AN110R.1;5 VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) None IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] Please note: Comments or questions from the public that are of a defamatory nature, such as statements directed at individual Councilors'character, intentions, etc., are out of order because they interfere with the work of the Council. The Council will not answer questions posed during public forum but may direct staff to answer such questions later. X. UNFINISHED BUSINESS 1. Will Council approve a resolution for an interim rate increase for solid waste collection? 2. Does Council have questions regarding the applicability of recent ordinance amendments designed to implement ideas, proposals and recommendations evaluated as part of the Pedestrian Places Project? [25 Minutes] 3. Will Council authorize the City Administrator to finalize and sign the Charging Site Host Agreement with ECOtality North America to participate in a pilot project for the installation and use of Electric Vehicle (EV) charging units in two City owned parking facilities in the downtown area? XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council conduct annual review and accept the current City of Ashland Investment Policy? [10 Minutes] 2. Shall Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with term ending December 31, 2016? [15 Minutes] -XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of ordinance titled, "An Ordinance Amending Chapter 2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established Members on the Planning Commission and Housing Commission"? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding wildlife issues. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541) 488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title I). COUNCII MFIF,IIN(;SAk ?. 13ROADCAS"1 LlV'FO'NCI IANiNI_;l_. 9 VltilT I'l-IL C1'l'l' 017 ASI II ANI A �V1_13 SI I fi A 1 US \AWN'.r1 III A I�.i;)R- CITY COUNCIL STUDY SESSION December 5, 2011 Page I oft MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 5, 2011 Siskiyou Room,51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Silbiger, Morris, Chapman, Slattery, and Voisin were present. Councilor Lemhouse was absent. 1. Look Ahead Review Item not reviewed. 2. Does Council have questions about the proposed solid waste collection rate increase options? Recology General Manager Steve DiFabion introduced Bruce Gondry Vice President and Group Manager, Ed Farewell Vice President and Assistant Group Manager, and Tom Norris Regional Financial Manager. He noted specific services Recology offered that included the Yellow Bag and Sticker programs, the Prescription Drug Box service and how the Recycle Center was now open 6 days a week. Recology also added free leaf drop off days and the Bear Proof Cart Program. They were in the process of developing a senior and disabled discount for low-income people aged 60 years and older and a 35%discount for people 65 and older who were low-income. The City would use their low-income policy and adhere to Federal low-income guidelines to determine who was eligible for the Recology discount. Mr. DiFabion explained the operating ratio concept divided allowable expenses by .90, added in pass- through expenses, and would provide a pre-tax profit of 10%. The concept was fair, easy to calculate and to administer, consistent with industry averages, and allowed a reasonable return. Currently, one out of eight residential customers participated in the discount programs that resulted in $134,000 of lost revenue annually for Recology. Garbage units generated revenue, not ancillary services. There was an associated cost for waste diversion and in the future revenue needed to be replaced somewhere. Council stated it would be difficult for the citizenry to accept a 23% rate increase because they were successful in garbage diversion. Raising the rates for Sticker and Yellow Bag programs were suggested, and retaining the 35% discount to low-income customers. Other comments noted the Sticker and Yellow Bag programs predated Recology and the services had not changed enough to warrant a 23% increase. Past increases were traditionally at the most a Consumer Price Index (CPI) increase and based on actual costs. The 23% increase seemed based on profit margin. Additionally, having rate information a few years prior to 2010 would be helpful. The information Recology provided showed General Administration increasing $200,000 over the past two years. Council wanted to see cost increases based on previously set standards and not an artificial rate of return. Recology recognized an immediate 23% increase was not tenable but needed to stop operating at a loss. A 10% increase at this time would help Recology break even. Mayor Stromberg clarified using the operating ratio equation the increase was actually 11.1%, was based an accounting action rather than hard costs, and reiterated it would be extremely difficult for the citizenry to accept. Mr. Norris explained when Recology acquired Ashland Sanitary it had collection revenues of$3,817,924 for the full calendar year. The 9% rate increase in 2008 and 7.7% increase in 2009 should have generated $4,198,572 revenue and instead created $3,737,593 with a shortfall of $460,979. Additionally Recology experienced a $68,981 loss in Recycling revenue between 2008 and 2010. During that time, they also incurred approximately $300,000 of expenses. They attributed the loss to customers creating less waste and diverting more garbage. With less waste disposal fees decreased but the cost of transporting recycled CITY COUNCIL STUDY SESSION December 5, 2011 Page 2 of 2 material to Portland increased. The majority of the costs went to labor, fuel, disposal, and fleet maintenance. Ashland Sanitary absorbed the administrative costs for Recology the first year of their ownership but the second year Recology allocated those costs. Mr. Gondry added what drove the need for a rate increase was revenue that never materialized. The rate increases from 2008 and 2009 originated from the former owners. The revenue did not follow the rate because customers downsized their billing unit, and there was a significant loss of debris box collection for construction sites due to the economic downturn. Mr. Norris clarified having less disposal cost was only one component. Recycling and green waste service were other components that were growing. The overall garbage rate funded these services because recycling and green waste did not have a direct charge. It was a common industry standard for garbage rates to cover recycling services. Council suggested charging for recycling instead of increasing the rates while continuing the discounts to seniors, disabled and low-income residents. Other statements thought the commercial subsidy was out of range of what it should be and that residential rates should not subsidize that service. Mr. DiFabion referred to the commercial discount and explained historically rate increases went across the board without delving into rate structure or fairness. He used Rogue Disposal in Medford in comparison and explained why they had higher rates for commercial but lower rates for residential than Ashland. Recology could adjust commercial rates. Council comments included separating the commercial discount from residential and alternately concern that raising commercial rates may result in businesses having to increase their total costs to cover disposal services. Recology worked with businesses to mitigate costs but it was difficult because of space issues, most businesses had to use smaller containers and were unable to use compactors. Mr. DiFabion explained when the market goes flat for recycling Recology sends it to Portland at a loss. Other Council comments noted that it often cost less dumping trash in the landfill instead recycling. Recycling needed to pay for itself and every time the rates increased, there was more garbage in the watershed and on the street. Additional concern did not support residents subsidizing commercial rates. Council wanted information that showed rate increases outlined with impact and they wanted to review data prior to 2010. They also wanted some form of a rate menu that showed what each service would cost instead of charging one rate to cover other services. Additionally, Recology needed to update the commercial rate structure. Staff would work with Recology to develop a more feasible rate increase. Meeting adjourned at 7:00 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLANU U11'Y WUNC:IL MLL11NO December 6, 1011 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 6, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger,and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced openings on the Planning, Historic, Housing, Public Arts, and Tree Commissions and the Audit Committee. Police Chief Terry Holdemess provided an update on the David Grubbs murder case. At this time, there were no viable suspects. He addressed the reward and clarified the Crime Stoppers phone number was actually a tip line. The Crime Stoppers Board of Directors would allocate a reward if a tip proved successful. The standard Crime Stoppers reward was 51,000 per case. For this case, they were accepting monetary donations to increase that amount. Individuals could send their donations to the Medford Police Department, Attn: Ruth Cox, PIU Crime Stoppers, 411 West 8th Street, Medford 97501. Checks should indicate the money is for the David Grubbs case. Chief Holdemess added that people phoning in tips should not expect a return phone call since many tips they received were similar and there was not enough time to respond individually due to the volume they were receiving. Mayor Stromberg announced a Town Hall meeting the following evening regarding water source and redundancy. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of November 14, 2011, Executive Session of November 15, 2011 and Regular Meeting of November 15, 2011 were approved as presented. SPECIAL PRESENTATIONS & AWARDS CONSENT AGENDA 1. Will Council Approve the Minutes of the Boards, Commissions and Committees? 2. Will Council authorize the City Administrator to finalize and sign a Charging Site Host Agreement with ECOtality North America to participate in a pilot project for the installation and use of Electric Vehicle Charging units in two City owned parking facilities in the downtown area? 3. Will Council approve an agreement with Central Oregon and Pacific Railroad, Inc. (CORP) authorizing construction of crossing improvements at the Hersey/Laurel rail crossing? 4. Shall Council agree to legal representation of the City by David Lohman on matters relating to the Mount Ashland ski area? 5. Will Council, acting as the local contract review board, approve a special procurement contract with GE Water and Process Technologies for the purchase of new wastewater membrane filters in the amount of$480,203? AJ/iLAIVU CI]Y CUUNC/L Mtt./7NU December 6, 2011 Page 2 of Mayor Stromberg explained Consent Agenda item #4 was pulled from agenda for further consideration. Councilor Silbiger pulled Consent Agenda item #l, Councilor Slattery pulled item #2, and Councilor Voisin pulled#3 for further discussion. Councilor Lemhouse/Morris m/s to approve Consent Agenda item #5. Voice Vote: all AYES. Motion passed. Councilor Silbiger noted the minutes of the Joint Planning and Transportation Commission reflected an approval to expense $10,000 to create a multi-modal Systems Development Charge (SDC). Councilor Chapman clarified the intention of motion was the Commission approving presenting the recommendation to allocate funds to Council. , Councilor Slattery/Silbiger m/s to place the pilot project for the installation and use of the Electric Vehicle Charging Unit Installations on a future agenda to allow for public comment. Voice Vote: all AYES. Motion passed. Engineering Services Manager Jim Olson addressed the CORP Agreement to improve the Hersey and Laurel Streets railroad crossing and explained the project would also add the necessary infrastructure when the railroad opened in the future. It was a grant project funded 94%. through the Oregon Department of Transportation (ODOT) with the City responsible for the remaining 6% or $30,000. The project had a tentative May 2012 completion date with extensions if needed. Councilor Silbiger/Slattery m/s to approve Consent Agenda items #1 and #3. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will Council approve a 23% rate increase for solid waste collection? Interim City Administrator Larry Patterson explained Recology was aware the 23% increase was difficult to accept and would provide an interim step to help stop some of their financial loss but not fix the whole problem. Staff recommended Council approve a short-term step and provide resources to work with Recology to simplify the process in the future with a long-term solution early to mid 2012. Recology General Manager Steve DiFabion introduced Bruce Gondry Vice President and Group Manager, and Tom Norris Regional Financial Manager. Recology requested an immediate rate increase of 11.1% across all rate schedules as a stopgap adjustment to eliminate the ongoing operational loss Recology was currently experiencing. The increase would equate to $1.84 a month to the average residential customer. Recology proposed to reconvene with City staff early 2012 regarding the balance of the 23.3% increase. Mr. Norris explained the $434,000 loss included the operating loss of$196,595 and the Franchise Fee expense of$238,496 and equated to an 11.2%percent increase based on the 2012 projections. Mr. Patterson added if Council chose not to take action the next step in the franchise would be arbitration. He confirmed the interim step was the approval of an 11.1% increase then working with Recology to analyze the cost structure and review franchise adjustments. Mr. Gondry explained Recology hired a local Certified Public Accounting (CPA) firm to review the rate package prior to submitting it to the City. He reiterated Recology would immediately raise the rates 1 1.1%and work with the City in January 2012 to review the rest of the package. Recology was confident the 23% increase was the accurate amount. The I L I% would only cover the operating loss and the AJHLANL)C/1'Y CUUMAL ML612N(i December 6, 2011 Page 3 of 7 Franchise fee and would not produce the projected revenues. Public Hearing Open: 7:46 p.m. Brian Comnes/444 Park Ridge Place/He did not begrudge a private enterprise a net income but thought the City should be able to agree on a fair rate of return for Recology. Individuals should not subsidize large trash producers and Recology needed to develop incentives to reduce trash levels. The City ought to be in the position to agree on a fair rate of return. Additionally, if Recology was raising rates they should fund expanded services like composting. Public Hearing Closed: 7:48 p.m. Councilor Slattery was interested in going through arbitration for the whole amount rather than a portion of it. He was concerned Recology was utilizing an old paradigm for rate increases in a market that had radically changed and there was a need to review the whole spectrum. Mr. Patterson thought Council could take what Recology presented and make a decision based on that or hire someone to do a rate analysis. There was no guarantee a rate analysis would avoid arbitration. Councilor Lemhouse/Silbiger m/s to deny a rate increase of 23% and direct staff to report to Council the cost and feasibility of doing a rate analysis. DISCUSSION: Councilor Lemhouse had a difficult time accepting a rate increase without knowing the cost increases Recology was incurring. The rate analysis would confirm they had costs that justified the increase. Councilor Chapman supported an increase but was not in favor of 11.1% across the board. Alternatively, he did not want to delay the increase and spend $20,000 on a rate analysis. Mr. Patterson explained arbitration would require a rate analysis and could be expensive. Councilor Slattery thought the City and Recology could agree on some form of rate increase. Mr. Patterson explained there were three options Council could take regarding the increase. One was accept the 23% rate increase and decide how to implement it over time. Another option was arbitration. The third option was approve the interim step, perform a rate analysis, discuss garbage collection in general, and structure rates. Mayor Stromberg thought the Franchise Agreement should be altered so the City controlled the bundle of services they purchased. Mr. Patterson responded Recology was also interested in reviewing the Franchise Agreement. Councilor Chapman suggested a 7.5% increase across the board with a 20% increase to the discounted commercial rates and then work with Recology on restricting rates. Councilor Silbiger agreed Recology should receive a rate increase but was not comfortable with IL I%. He had concerns spending money on a rate analysis because it could end up , costing more. Councilor Voisin/Lemhouse m/s to call for the question. Roll Call Vote: Councilor Silbiger, Slattery,Voisin,Morris and Lemhouse,YES; Councilor Chapman,NO.Motion passed 5-1. Roll Call Vote on Main Motion: Councilor Lemhouse, YES; Councilor Silbiger, Slattery, Voisin, Chapman,Morris, NO. Motion failed 1-5. Councilor Chapman, staff, and Recology further discussed increasing the rate 7.5% across the board with a 20%increase to the commercial discount for customers with additional bins. AJHLANU C/7'r CUUNC/L MLL/7/VU December 6, 1011 Page 4 of 7 Councilor Chapman/Slattery m/s to direct staff to work with Recology for an interim rate increase of 7.5% increase across the board and come up with some reasonable number for decreasing discount rates for commercial bin customers. Roll Call Vote: Councilor Silbiger, Slattery, Voisin, Chapman, Morris,YES; Councilor Lemhouse, NO. Motion passed 5-1. PUBLIC FORUM Garrison May/220 W Rapp Road, Talent/Explained he was circulating a petition for lighting the bike path. Currently they had more than 1,500 signatures of concerned citizens and lighting the bike path was a step in the right direction. Matt Shilts/321 Clay Street/Spoke on lighting the bike path. He referenced the David Grubbs case and clarified the incident occurred shortly after 5:00 p.m. and it was already dark. The chances of the attack happening to David Grubbs would have significantly decreased had there been lights. For other cities, it was almost a standard to light their bike paths without the incentive of an act of violence. The incident occurred between the middle school and the elementary school. He understood these were hard economic times but safety had to come first. Keith Haxton/Explained he slept outdoors at night and stated the homeless issue was not going away. He had given his jacket to someone who had slept outdoors the previous night whose facial hair froze from the cold. He urged Council to be receptive to proposals for a homeless shelter or some form of mitigation of the camping ordinance that was illegal under the United Nations Resolution 217, the Eighth Amendment of the Constitution,Ninth District Court case law, and Oregon State law. Brittany Hamer/92 Church Street/Submitted signed petitions in support of lighting the bike path. She was a friend of David Grubbs and her husband worked with him daily for seven years. In addition to the petition, she explained her proposal for lighting the bike path and establishing a memorial for Mr. Grubbs. She described the efforts to gather 1,726 signatures from Ashland community members who supported lighting the bike path and the memorial and shared research on how well lit areas promote a more secure environment. Umqua Bank created a fund, Greenway Lights, to receive donations to light the bike path. She described a potential fundraiser and auction as well. Kaylor Electric estimated the cost to furnish 88 lights for 2.5 miles of the bike path was approximately $150,000. Asphen Mau/220 West Rapp Road, Talent/Spoke on lighting the bike path. She had researched solar powered lighting using double lamp antique style lights at $1,000 per light. It would take 462 posts to light the 7-mile greenway and cost approximately$500,000. Interim City Administrator Larry Patterson explained staff had done some preliminary work on lighting the bike path as well and came up with a ballpark estimate of$385,484 for a specific lighting scheme. He noted the need to involve the community in the process and suggested placing bike path lighting on a future work session early 2012 with Council consent. In addition, Mr. Patterson would contact Parks and Recreation Director Don Robertson to start the process for the bench memorial. UNFINISHED BUSINESS 1. Does Council wish to provide additional clarification to staff on changes to the proposed ordinance titled, "An Ordinance Amending the Development Standards for Wireless Communication Facilities in 18.72.180 of the Ashland Municipal Code"? Councilor Slattery/Chapman m/s to reconsider the motion from the November 15, 2011 City Council meeting directing staff to return with an ordinance change removing collocation requirements for wireless communication facilities if there is no visual or aesthetic impact. ASHLAND(-Y7'Y(.'UUNUL MLL77NU December 6, 2011 Page 5 of 7 DISCUSSION: Councilor Slattery supported the motion made November 15, 2011 in order for staff to address the comments and issues raised and ensure the ordinance was strong, and thought that had occurred during the past week. Mayor Stromberg explained his vote in support of the motion was a mistake, and now did not think the motion was necessary. City Recorder Barbara Christensen read the motion from November 15, 2011 aloud. Roll Call Vote: Councilor Slattery, Lemhouse, Chapman, and Voisin,YES; Councilor Morris and Silbiger,NO.Motion passed 4-2. Ms. Christensen explained the motion from November 15, 2011 was now back on the table for discussion and.decision. Council agreed to allow public input before taking further action on the motion. Dr. Sharvana Fineberg/484 Heiman Street/Explained she was a member of the committee designated by the Josephine County Planning Commission to write a new ordinance regulating the placement of new cellular PCS antennae in Josephine County. Collocation was the accepted first option in newer laws required by local governments and never challenged. Other trends never questioned were requiring monies for the County to hire an independent technical consultant and the concept of setbacks. Ashland focused on visual and aesthetic impact as a siting criterion but there were other criteria also accepted by the courts that included the effect on property values, businesses, and neighborhood character. She urged Council to update the law with recent trends in mind so they had the authority needed to uphold the wellbeing of their citizens. Will Wilkinson/2940 Old Hwy 99 South/Questioned whether the intention was to strengthen or weaken the law. Encouraging collocation was the preferred strategy and he was alarmed with the idea of removing it from the ordinance. If it would function better within the framework of aesthetics, he supported that. He commented on AT&T's prior application and feasibility study and thought the third party verification would help applicants take the process seriously. Rod Newton/1196 Timberline Terrace/Although he thought the current ordinance needed updating, it would work for the time being as long as the definition of feasible and third party verification was added. The Respect Ashland Coalition of Citizens had three objectives, to give the City as much control and flexibility in locating wireless installations within the limits of the 1996 Act, mitigate the possibility of a lawsuit and determine future locations so citizens could make informed decisions. Removing collocation from the ordinance would affect those objectives. James Fong/759 Leonard Street/Advocated strongly that Council vote against removing collocation from the ordinance. The ordinance needed updating. Council needed to decide whether to remove collocation, engage in a long-term process to update the ordinance in a more comprehensive way and what to do during the interim. Marvin Ratner/1125 Village Green Drive/The law regarding cell towers needed to be strong enough to protect Ashland by making it more difficult to put up cell towers anywhere. Using aesthetics as the only criteria would allow houses to set up a hidden cell tower that would devalue the surrounding properties. He encouraged Council to strengthen the law and use collocation as a preferred option. Reconsideration of Motion: Councilor Silbiger/Slattery to direct staff to return with an ordinance change removing collocation requirements for wireless communication facilities if there is no visual or aesthetic impact. DISCUSSION: Councilor Silbiger read the purpose and intent of the wireless communications facilities ordinance and noted the motion acknowledged that purpose and intent by removing wireless communications facilities that do not have a visual and aesthetic impact. Roll Call Vote: Councilor Silbiger, YES; Councilor Slattery, Morris, Lemhouse, Chapman, and Voisin,NO. Motion failed 1-5. AJ;HLAIVU t://7 CUUNCIL MLP 111Vli December 6, 2011 Page 6 of 7 Councilor Lembouse/Silbiger m/s to direct staff to update the Ashland Municipal Code regarding development standards for wireless communication by codifying the actions taken by Council in interpreting and applying the municipal code. DISCUSSION: Councilor Lemhouse explained this. was a first step in clarifying the code and wanted Council to update the code during a future Study Session to make it clear and easily understood by the community and future applicants. Councilor Slattery supported a strong third party review. Councilor Chapman questioned how the motion was different from what City Attorney Dave Lohman and Community Development Director Bill Molnar presented weeks earlier. Councilor Lemhouse responded the last time it came forward, it included the third party review and that failed. It also did not reflect Council decisions defining feasibility and the preferred alternative. Councilor Silbiger added there were changes to the ordinance that were not part of the decision. Mr. Molnar explained staff looked at the AT&T decision and updated the ordinance to reflect Council Findings. The substantive changes to the draft made it clear that collocation where technically feasible was the preferred alternative and an applicant could not descend the hierarchy until they had exhausted the previous standards, starting with collocation. As part of Council Findings, there was discussion in terms of clarifying the requirements for the collocation study. The new items introduced were the third party review and associated fee. Additionally, staff reformatted existing parts of the ordinance. He confirmed the motion would retain the definition of feasibility, clarified requirements, and would not include the third party review or associated fee. Roll Call Vote: Councilor Slattery, Morris, Silbiger, Lemhouse, and Voisin, YES; Councilor Chapman,NO.Motion passed 5-1. Lemhouse/Slattery m/s to bring the item back to a future work session. DISCUSSION: Councilor Voisin wanted to review residential setbacks during the work session. Voice Vote: Councilor Slattery, Morris, Lemhouse, Voisin and Chapman, YES; Councilor Silbiger,NO. Motion passed 5-1. Council will forward their suggestions to staff for consideration and discussion at the future work session. NEW AND MISCELLANEOUS BUSINESS 1. Should the Council accept the Comprehensive Annual Financial Report as recommended by the Ashland Audit Committee? Councilor Slattery/Lemhouse m/s to accept the Comprehensive Annual Financial Report as recommended by the Ashland Audit Committee.Voice Vote: all AYES. Motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Will Council approve First Reading of ordinance titled, "An Ordinance Amending Chapter 2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established Members on the Planning Commission and Housing Commission" and move the ordinance on to Second Reading? Community Development Director Bill Molnar explained both the Housing and Planning Commissions recommended reducing membership from nine to seven members. Both Commissions thought the reduction would benefit dialogue and make deliberation more efficient. Planning Commission Chair Pam Marsh clarified the Planning Commission's request was not about being . unable to find Commissioners. A smaller group would allow more time during meetings for discussions and achieve a general understanding of working styles. City Attorney Dave Lohman read the ordinance title aloud. ANHLANU C77 Y CUUNLYL MLL 11NU December 6, 1011 Page 7 of 7 Regina Ayers/199 Hillcrest/Explained she was the Chair of Housing Commission and encouraged Council to vote in favor of reducing the number of members. The primary reason for the Housing Commission requesting a reduction in membership was the difficulty achieving the maximum number of Commissioners. Currently there were six members. Councilor Lemhouse/Slattery m/s to approve First Reading of the ordinance and move it to Second Reading. Roll.Call Vote: Councilor Silbiger, Chapman, Voisin, Slattery, Lemhouse and Morris, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin reported on the Conservation Commission retreat and explained the Commission came up with several suggestions to help complete some of the Council Goals regarding the environment. Councilor Silbiger noted when Council approved the Pedestrian Places Ordinances they were not informed that some of the changes made were effective citywide and not specifically to the Pedestrian Places Overlay and Council needed to address this omission. Councilor Silbiger/Slattery m/s to direct staff to bring back at the next Council meeting a concise list of changes made to the Pedestrian Places Ordinance that were not in the Overlay Zone and applied citywide. Voice Vote: Councilor Slattery, Morris, Lemhouse, Silbiger, and Chapman, YES; Councilor Voisin,NO. Motion passed 5-1. ADJOURNMENT Meeting was adjourned at 9:44 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CONSERVATION COMMISSION MINUTES 6-8 p.m. —October 26, 2011 Community Development Building---Approved at the November 19t' Commission meeting CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck, Thomas Beam, Sheri Cellini, Stuart Corns, Cat Gould, Jim Hartman, Jim McGinnis, and David Runkel were present. City Council Liaison: Carol Voisin, Staff Representative: Lee Tuneberg, Larry Giardina, and Mary McClary. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for September 27, 2011. Commissioner Corns made a motion to approve the minutes as stated and Commissioner Runkel seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. PUBLIC FORUM Jefree Mathews spoke to the commission about the expansion of Mount Ashland Ski Area and the impact on the environment. Shawn/SOU, student sustainability director attended the meeting to better understand the Commission and to advocate for sustainability. ANNOUNCEMENTS Set aside to end of meeting. Chairperson Hartman went over the agenda and timeline for the meeting. He determined the Commission would address Old Business first then the rest of the meeting would be focused on Sustainability Planning. OLD BUSINESS A. North Main "Road Diet" Commissioner Runkel passed around the letter to the council and read it into the minutes: Dear Mayor Stromberg and members of the Ashland City Council, At its meeting on August 24, the Conservation Commission approved a motion urging the city government to initiate an Environmental Impact Statement on the proposed North Main Street"road diet." Subsequently, the Commission was advised that Public Works Director Mike Faught believes such a statement could cost in the range of$100,000. This cost estimate has raised concerns. Therefore, the Commission requests that the city undertake an environmental review of the project. This could include assessing the experiences of other municipalities where similar highway changes were made. Potential questions to be answered in a review would include: 1. Estimated increase in bicycle and pedestrian use of the North Main Street corridor. 2. Estimated environmental and energy savings from additional bicycle and pedestrian use. 3. Estimated decrease in auto and truck traffic on other streets. 4. Estimated increase in auto and truck traffic on other streets. 5. Estimated impact on environment of anticipated delays in auto and truck traffic. 6. Estimated impact on energy use of anticipated delays in auto and truck traffic. The Conservation Commission did not take a position on whether this study should be made before the"road diet' test was initiated or as a part of the review of the test. Jim Hartman Chairperson The members discussed the issues concerning the environmental impact of the road diet, including what the impact would be if the assessment had been conducted before the project was designed. Commissioner Beam discussed how the Commission could be informed about projects/issues that would concern the Conservation Commission. Councilor Voisin referred the Commission to the Ashland City web site, which publishes agenda and minutes from the City Council and all Commissions. Any member may attend any meeting. Commissioner McGinnis made a motion to accept the letter to the City Council as written. The motion was seconded by Commissioner Beam. Voice Vote: All Ayes. The motion passed with a unanimous vote. B. 4s'of July planning Set aside until Commissioner Buck's report for Recology Ashland Sanitary Service report. C. Grey Water Update Larry Giardina explained to the Commission that the city building code rules and the DEQ rules are not the same. The main difference is the mandatory reporting and annual inspection for DEC. The state has stringent rules about grey water and the city supports the state. D. Local Source for local bags Set aside E. Update on water Master Plan Set aside Quarterly Liaison Report Recology Ashland Sanitary Service Risa reported they had sold 109 sets of bags for the prepaid leaf bags program in two days. There are 3 free leaf drop off days at the recycling center: Sunday, November 6", November 20`", and December 4`". The Plastic Round-up this year, yielded 577 vehicles with 272 big white sacks of hard and soft nursery waste and 125 yards of loose material. She explained that recycling is an ok solution, and better than filling the landfill, but as a Waste Zero Specialists, she believes in education to empower people and let them make choices to create less waste. They had 55 gallons of plastic bottle caps, and last year there were approx. 394 garbage trucks full. The members talked about making a video similar to the one SOU put together for educational purposes. The Green Debris Program has now eliminated the 12 month commitment and the Prescription Drug Program is ongoing. The Paint Care program has partners and is year round. Miller Paint and Ashland Hardware are drop off sites, but please call ahead of time. Commissioner Buck and Hartman are cleaning and redoing the compost area at the Recycling Center. Regarding the 4t'of July event, the Chamber of Commerce is looking how the Chamber can serve as a model for the rest of the community by the way it looks at doing its events. The Commission members felt visuals work best for education purposes and wondered it they could incorporate more posters and videos. NEW BUSINNESS A. Sustainability Planning Commissioner McGinnis gave an overview of the communications regarding the sustainability plans. Lee Tuneberg wrote a memo to the Commission regarding an April study meeting the City Council held when the Council asked the Commission to do some background work with sustainability and view other city plans and practices. They hoped the Commission would report back with some practices they felt the city could utilize. Commissioner McGinnis and Lee recommended all the members listen to the taped recording of the study session. They reviewed the prior work they had done with respect to gathering information from other cities and talked about additional cities they could research. The members discussed formats for collecting information and discussed meeting to collaborate in the findings. There was much discussion about how to represent the findings to the City Council and how to plan for budget requirements, staff involvement, supporting council goals, establishing a criteria for a Sustainability Commission, the goals and mission statement associated, and the timeline for accomplishing everything they want to accomplish. It is determined to hold a retreat on a Saturday to plan and finalize their goals and create a report for Council. Since they want to accomplish a lot during this retreat, they felt hiring a facilitator would be highly beneficial. Commissioner Beam mad a motion to hold a special meeting for the Conservation Commission on Saturday, November 19th, from 9am to 3pm and to hire a facilitator to facilitate the meeting. Commissioner Cellini seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. COMMISSION ITEMS NOT ON AGENDA Set aside ANNOUNCEMENTS (Set aside to end of meeting). December's meeting to be announced. ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by: Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305(TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titlel). CITY OF ASHLAND CONSERVATION COMMISSION MINUTES 9-3 p.m. —November 19, 2011 Community Development Building---To be approved at the December 07, 2011°, Commission Meeting CALL TO ORDER Chairperson Hartman called the meeting to order at 6:05 pm. Attendees: Risa Buck,Thomas Beam, Sheri Cellini (arrived at 9:15), Stuart Corns, Cat Gould,Jim Hartman, Jim McGinnis, David Runkel,and Mark Weir were present. City Council Liaison:Carol Voisin, Staff Representative: Lee Tuneberg, and Mary McClary. Chairperson Hartman announced this retreat would be in place of another meeting this month. He welcomed new member Mark Weir and thanked him for joining the Commission today. APPROVAL OF MINUTES Chairperson Hartman asked for approval of the minutes for October 26, 2011. Commissioner Buck corrected the following sections of the Recology Ashland Sanitary Service quarterly report: She explained that recycling is an ok solution, and better than filling the landfill, but as a Waste Zero Specialists, she believes in education to empower people and let them make choices to create less waste. Commissioner Buck doesn't believe this section makes sense and would like to see the portion of"and let them make choices to create less waste, be corrected to state: and provide alternatives to waste. They had 55 gallons of plastic bottle caps, and last year there were approx. 394 garbage trucks full. She asked for this section to be deleted. Commissioner Buck and Hartman are cleaning and redoing the compost area at the Recycling Center. She asked this sentence to demonstration after the word compost,explaining there was not a compost area,just a demonstration area. Regarding the 4"of July event, the Chamber of Commerce is looking how the Chamber can serve as a model for the rest of the community by the way it looks at doing its events. She asked this section to be re-stated as: Regarding the 4h of July event,the Chamber of Commerce and Recology Ashland Sanitary Service (RASS)are discussing how the Chamber can serve as a model for the rest of the community for recycling at their events. Commissioner McGinnis corrected a typing error from mad to made. Commissioner Buck made a motion to approve the minutes as amended and Commissioner Gould seconded the motion. Voice Vote: All Ayes, one abstained. The motion passed with a majority vote. (Commissioner Weir abstained; he was not appointed a Commissioner at that meeting.) PUBLIC FORUM Shawn/SOU, The Student Sustainability Director was in attendance. ANNOUNCEMENTS Chairperson Hartman discussed lunch options. Commissioner McGinnis made a motion for lunch to be paid by the Conservation Commission budget up to$10.00 per person. The motion was seconded by Commissioner Gould. Voice Vote: All Ayes, one abstained. The motion passed with a majority vote. The next Commission meeting was scheduled for December 7,2011 at the Council Chambers beginning at 5:30pm. The room will be reserved and Mary will send out an email to confirm. Commissioner Runkel will need to leave at 1:45pm. OLD BUSINESS Set aside QUARTERLY LIAISON REPORT Set aside(December meeting:Southern Oregon University) INTRODUCTION OF DAVID WICK (Facilitator for this section of the meeting.) Chairperson Hartman introduced David Wick, their facilitator for the New Business portion of their meeting, and turned the meeting over to him. He briefly described his background and his role for this meeting was to assist the Commission to reach the goals they have set forth. NEW BUSINNESS A. Sustainability Planning David went over his agenda for facilitating the new business items: sustainable planning and goals/mission statement. 1. Logistics 2. Perspectives 3. Objectives 4. Council Goals 5. Commission/Staff input 6. Direction for Conservation Commission 7. Work Session 8. Next steps 9. Evaluation David asked each person what perspectives brought them to the Commission. Lee Tuneberg—City staff liaison Commissioner Weir's background was sustainability and conservation and felt it was a necessity to help out in the community. Commissioner Runkel was motivated by his children and his interactions with the City of Ashland,to make contributions in these areas. Commissioner Buck's original connection was when she built her home, (1993)Ashland's first and only off-grid home. In 1996, she was a Commissioner for this Commission and the Commission sought her return for some time. She returned and now represents Recology Ashland Sanitary Service for the Commission. Commissioner Beam approached the Mayor wanting to do something good for the community that was not attached to his businesses in the city and joining this Commission was his recommendation. Commissioner Hartman has been studying and teaching global and environmental issues for 20 plus years. He wanted to be proactive with his creativity and actions. He also represents the school district on the Commission. Commissioner Gould has a deep passionate love for the earth and it was difficult for her to observe non-sustainable practices. Being on the Commission gave her an opportunity to contribute to a more positive future. Commissioner Corns was appointed as the SOU facilities representative during his 26 year tenure and had a great passion for sustainability. His former boss, Larry Blake became the first Director of Sustainability at SOU. When they replace those responsibilities, Commissioner Corns will turn his position over to that person to represent SOU. Shawn also represents SOU, as the Student Director of Sustainability. Commissioner McGinnis was an avid supporter of making the world a better place to live when he graduated from college. In 2006 he rekindled his commitment to sustainability mainly for the future generations after viewing the movie An Inconvenient Truth. Commissioner Cellini felt sustainability was a new wanted direction, and joined the Commission to be able to contribute and work toward that direction. Council representative, Carol Vision, asked the Mayor to be appointed as a liaison to the Commission because of her passion and beliefs that we need to be more proactive in these areas for our country, nation and city. Shawn has moved in the direction of sustainability due to his studies at SOU and has become passion and excited about his involvement for implementation of sustainable practices on campus. He spoke to the Commission about how ordinary people operate as extraordinary individuals when their motivation is based passion, vision and action. He brought to the Commission's attention they possess all of these qualities based on their explanations for becoming part of this Commission. Objective 1. What course of action to take regarding the April 4"'City Council Study Session. The group reviewed the Council environmental goals that pertained to the Commission. Lee Tuneberg gave the Commission information on Tier 2 power based on when and how the city utilizes their energy usage. The Commission discussed their role as a Commission and that relationship as it pertains to the Council goals. There was discussion about expectations and the need to understand clearly what their role and direction should be as a Commission. They reviewed the Charter section 2.18.040 Powers and Duties-Generally: The powers, duties and responsibilities of the commission shall be to educate and advocate for the wise and efficient use of resources by the City of Ashland and all Ashland citizens. In doing so the commission shall recommend to the council the adoption of policies, implementation strategies and funding related to.............. The Commission discussed the lack of communication/disconnect between staff and the Commission in terms of how each entity approaches their duties that might overlap. Lee explained the relationship between the staff connection to the commission and how that might translate into recommendations to council. The members discussed their need for a closer communication level of involvement by staff to create more of a team. The Commission discussed different ways they could support the current Council goals long term and short term. Lee clarified the roles and responsibilities about the structure and flow of communication staff and the liaisons to the Commission. The members continued to discuss their roles, goals and relationship with the city. The members discussed responding to the study session with action items the council could implement pertaining to their goals and sustainable practices. They talked about a plan/practices for the city that could be held to a higher standard than the citizenship.They talked about how to approach what direction the council was seeking from the Commission Objective 2. Work Session. B. GoalsfMission statements COMMISSION ITEMS NOT ON AGENDA Set aside ANNOUNCEMENTS Set aside ADJOURNMENT Chairperson Hartman adjourned the meeting at 8:10 pm. Respectfully submitted by. Mary McClary Administrative Assistant for Electric, Telecommunication and the Conservation Departments. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541488-5305(TiY phone number is 1-800-7352900). Notification 72 hours prior to the meeting Wll enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titlel). CITY OF ASHLAND VEER CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES October 11,2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Eric Heesacker Maria Hams, Planning Manager Pam Marsh Brandon Goldman, Senior Planner Debbie Miller April Lucas,Administrative Supervisor Melanie Mindlin Absent Members: Council Liaison: Mick Church Russ Silbiger,absent ANNOUCEMENTS Community Development Director Bill Molnar stated the City Council has passed first reading on an ordinance that clarifies commission quorum requirements. He stated second reading with happen on October 18 and the ordinance will go into effect on November 18. Mr. Molnar explained the Council has determined a"quorum"to mean more than half of the total authorized members. To this end,he stated the Planning Commission will need a minimum of 5 members present to hold a meeting once the ordinance goes into effect. It was noted the Commission has previously discussed changing its membership from 9 to 7 members.The Commission discussed their preferences and Commissioner Dawkins was appointed to speak with the Mayor and find out what they need to do to make the change to 7 members. CONSENT AGENDA A. Approval of Minutes. 1. September 13,2011 Regular Meeting. Commissioners Dawkins/Miller m/s to approve the Consent Agenda.Voice Vote: all AYES. Motion passed 4.0. [Marsh abstained] PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A. PLANNING ACTION:#2011.01174 DESCRIPTION:A proposal to amend the zoning map and Ashland Land Use Ordinance(ALUO)to create a Pedestrian Places Overlay Zone and accompanying ordinance amendments designed to support and build unique neighborhood character by promoting concentrations of housing and businesses grouped in a way to support more walking, bicycling and transit use. Staff Report Planning Manager Maria Harris provided a presentation on the Pedestrian Places project. She explained the goal is to encourage the development of small, walkable nodes that provide concentrations of housing and businesses grouped in a way to encourage walking,cycling,and transit use. She stated this project looked at how we can improve the land use Ashland Planning Commission October 11, 2011 Page 1 of 5 ordinance to support the development of these places and also what kinds of transportation projects are necessary. She stated the Transportation System Plan (TSP) Update is looking at the transportation component, and the focus of the Planning Commission has been on revisions to the zoning and land use ordinance. She stated our consultants conducted a review of the Ashland Land Use Code and found the existing design standards are largely supportive of transit oriented development and are pedestrian oriented; however they did have some recommendations including creating a pedestrian places overlay and to amend the land use ordinance in five key areas: 1) increase the allowable Floor to Area Ratio(FAR), 2)decrease the maximum building setback, 3)require a minimum building height,4) revise the landscape requirements,and 5)reduce the parking requirements. Ms. Harris stated the packet contains four ordinances that break down these pieces and stated the three locations chosen for this project are: 1) North Mountain and East Main, 2)Walker and Ashland, and 3)Tolman Creek and Ashland. She added these areas were chosen in part because they all have development or redevelopment potential and clarified if the community would like to apply this concept in other areas ia-of town the overlay ordinance can be tailored to accommodate this. Ms. Hams reviewed the overlay map and proposed land use code amendments. She commented on the concept plans and clarified the circulation opportunity maps are not proposed to be adopted in this package and are being coordinated through the TSP process. Ms. Hams provided a recap of the actions and outreach that have led up to this public hearing and stated tonight staff is asking the Planning Commission to make their final recommendation to the City Council. Public Testimony Commissioner Marsh noted the letter submitted by CSA Planning and Ms. Hams was asked to provide a brief summary of the issues raised. Don Blaser/1800 Rogue River Dr, Eagle Point/Stated he represents Summit Investments,who own a collection of properties including BiMart and Shop'n Kart. He stated the owners are in the process of determining whether to undertake a major revitalization project and a big part of that decision will depend on whether they can sustain a working relationship with the City. He stated they have engaged CSA Planning to assure their future revitalization project will be consistent with Ashland's plans. He noted CSA Planning has submitted comments into the record and hopes the items listed will be addressed. Jay Harland/4497 Brownridge Terrace, Medford/CSA Planning/Spoke regarding the issues raised in his letter, including: Street Cross Sections—Mr. Harland recommended eliminating the street cross-sections in the concept illustrations and inserting a reference to the applicable TSP section instead. Maximum Setback—Mr. Harland stated they do not object to the policy objective but believe a 5-foot setback is overly aggressive and could create conflicts with public utility easements. He suggested a 10-foot setback was more appropriate and would still accomplish the policy objective. Floor Area Ratio—Mr. Harland stated their main question is"what is a shadow plan?"and recommended they better describe what this is and the intent. Parking Management Strategy—Recommended this-the transit facility parking credit-connect to the TSP and not be tied to RVTD's service frequency. Contiguous Parking Areas—Stated properly measuring a third of an acre for a site plan could be challenging and recommended they use the language from Section II (C-2c)of the Detail Design Standards which has a clearer way of addressing the same design objective. Overall, Mr. Harland stated they are supportive of the proposed changes and stated the reorganization makes it much more readable and usable. Chris Hearn/515 E Main Street/Stated he is speaking on behalf of IPCO and the Brombacher family. Mr. Hearn noted he has expressed their concerns at previous meetings and agreed with the issues raised by the previous speaker. Mr. Hearn noted most of the Brombachers property has been removed from the proposed overlay, and understands the road connections will be addressed during the TSP process. He stated their remaining concerns are: 1) how will the new standards impact the DMV building and it's tenants should they want to expand in the future, and 2) asked whether a strip of the Brombachers land is included in the overlay zone or whether the overlay map line matches up with the property line. Commissioner Marsh closed the public hearing at 8:00 p.m. Ashlai)d Phoning Commission October 11, 2011 Page 2 of 5 i Ms. Harris commented on the questions raised by Mr. Hearn. In terms of the DMV property, she explained this land is already inside the Detail Site Review Zone and therefore is already subject to those standards. She stated the DMV office is considered a nonconforming building and if an expansion takes places,whatever percentage the building is increased an equal percentage of the site must be brought into conformance with the current standards. Regarding the IPCO property,staff clarified the final plan shows tax lot 500 outside of the pedestrian overlay. Commissioner Marsh noted the email submitted into the record from Janet Rueger and summarized her comments. Deliberations& Decisions Commissioner Marsh recommended they make a list of the items they wish to discuss. Parking Lot Size, Transit Service issue, Defining a Shadow Plan, and Setbacks were identified for discussion. Divide Parking Areas Ms. Hams clarified this language comes from the State's model code and requires parking lots that are larger than 50 spaces to be broken up and listed ways this could be accomplished. No objections were voiced to the language as proposed. Transit Facilities Credit Ms. Harris explained a more frequent level of transit service could warrant a reduction in required parking spaces, and adversely-inversely if you have infrequent transit service customers will likely drive to the location and therefore sufficient parking should be provided. She stated if the Commission does not agree with this concept they have the ability to modify or remove this language. Commissioner Marsh questioned whether they want to allow transit services to be built in lieu of parking in locations where there isn't some minimal transit service to begin with. Commissioner Heesacker commented that he does not support eliminating parking based on some aspiration of future potential service. Staff clarified this is a maximum 10% reduction, so a 20-space requirement could be reduced to 18 spaces. The Commission discussed what would happen if transit services are decreased after an application is submitted. It was agreed that the intent is that if an application is submitted at a time when the transit is provided, then the applicant should not be penalized if this changes during the processing of their application. Shadow Plans and FARs Suggestion was made to add clarifying language that better explains the intent of a shadow plan is to show that the proposed development will not prevent the full build out of the lot. Commissioner Marsh questioned if they should outright require .5 FAR, instead of aet-presludingallowing development to-that does not meet a .5 FAR initially,which is how the language is currently written. Recommendation was made to require vacant lots to be built to the .5 FAR standard, but allow existing properties to develop over time as long as they are moving more towards conforming. General support was voiced to this concept. Setbacks The Commission discussed whether a 5-toot setback is too narrow. Staff clarified this is the distance between the sidewalk and the front of the building, not the distance between the building and the street. Commissioner Dawkins voiced his preference to"either increase the setback or have no setback at all. He added 5 feet is not enough room to accommodate plantings. Commissioner Marsh stated their goal is to encourage pedestrians and to do this you need to be able to see inside windows and feel the protection of the building. Final Comments Commissioner Dawkins explained why he believes the Tolman Creek/Ashland intersection should be removed from the Pedestrian Places project. He stated this is not an appropriate location for a pedestrian place because it is so close to the freeway and stated this area will continue to be auto-centric simply because of its location. Comment was made that if the Croman property develops as planned this will further impact the truck traffic into that area. Commissioner Heesacker questioned removing this area from the plan this late in the process and asked if there would be backlash from the neighbors. Commissioner Marsh disagreed with removing this area from the plan and stated there is tremendous potential for this area and noted the huge residennGe residential areas surrounding this intersection; however in order to move this forward,she suggested they compromise and include the properties on the east-west side of the intersection only. Ashland Planning Commission October 11, 2011 Page 3 of 5 Commissioners Miller/Mindlin m/s amend the Tolman Creek/Ashland concept drawings to include only the properties on the west side of Tolman Creek. DISCUSSION: Ms. Hams asked them to consider how people will move from north to south, and east to west. She explained this project is not just about land use but about the circulation of that intersection as a whole. Commissioner Marsh suggested including the intersection in the plan so that the public improvements can still take place. Commissioners Miller/Mindlin m/s to amend motion to include the four corners of the intersection. Roll Call Vote on motion as amended: Commissioners Dawkins, Heesacker, Miller, Mindlin,and Marsh,YES. Motion passed 5-0. Commissioners Mindlin/Miller m/s to recommend adoption of the Pedestrian Places Overlay Zone and four ordinances with the change to the Tolman Creek/Ashland intersection plan and the amendment to the FAR requirement to state on vacant lots with new development there is a .5 FAR standard,and on redevelopment projects that are nonconforming there is a shadow plan requirement showing that the.5 FAR can be met over time. Roll Call Vote: Commissioners Miller, Heesacker, Dawkins, Mindlin, and Marsh,YES. Motion passed 5.0. B. PLANNING ACTION: #2011-01175 DESCRIPTION: A proposal to amend the Ashland Land Use Ordinance including Development Standards for Wireless Communication Facilities in Chapter 18.72.The proposed code amendments are intended to reflect the Council's interpretation and application of collocation provisions reflected in their decision of a wireless communication facility in November 2010(PA#2009.01244). Planning Manager Maria Harris stated the ordinance before the Commission amends AMC Chapter 18.72 to solidify the Council's decision that: 1)the Preferred Designs section is intended to outline a stepped hierarchy in which an application must demonstrate the collocation standard is not feasible before moving on to the next design option, 2)feasibility is defined to mean a substantial showing that a design option is not capable of being done, rather than an applicant stating it would be difficult to make use of an alternative, and 3)the collocation study submitted with the application must demonstrate the applicant made a reasonable effort to locate other potential collocation sites that meet the applicant's service objectives and clearly identifies why alternate sites are not feasible. In addition, Ms. Harris stated in response to the proposals put forward by Rod Newton and James Fong,the ordinance includes a submittal requirement for a third party analysis if the applicant is asking to not collocate, and the person or agency conducting this analysis must be approved by the Community Development Director. Public Testimony James Fong/759 Leonard and Rod Newton/1651 Siskiyou Blvd/Mr. Fong and Mr. Newton voiced support for the proposed ordinance, but recommended amending Section 18.72.180.D(3.i)to read "a significant service gap in coverage sufficient enough to prevent the City from meeting its requirements under the 1996 Telecommunications Act."Mr. Fong stated inserting this language adds clarity and believes it would add protection to the City. In addition, Mr. Fong stated he supports the language regarding the third party analysis but voiced concern with whether this creates sufficient separation since the applicant would be paying the consultant. Other than these two items,support was voiced for the proposed ordinance and Mr. Fong and Mr. Newton thanked staff and the Commission for their work on this. Deliberations &Decisions Staff was asked to comment on why they did not tie the ordinance to the Federal Communications act. Ms. Harris explained staff consulted with the City Attorney and the primary reasons for not doing this are: 1) it would necessitate everyone involved with the action (applicant, staff, Planning Commission, neighbors)to be familiar with the act, 2)the City's standards should be clear and objective; putting them back on a Federal Act could be confusing for the applicants and those involved in the process, and 3)the Telecommunications Act is vague and is a moving bar tied to recent case law. Mr. Molnar stated the Council will likely grapple with this issue,and for this hearing staff wanted to stay within the charge they were given by the Council. The Commission asked staff to"red flag"the concern about impartiality and how the third party is chosen, and agreed to let the City Council and City Attorney work through this item. Ashland Planning Commission October 11, 2011 Page 4 of 5 Commissioners Miller/Dawkins m/s to recommend approval of the ordinance and to red flag the professional third party verification requirement for the Council's discussion. Roll Call Vote: Commissioners Dawkins, Heesacker, Miller, Mindlin,and Marsh,YES. Motion passed 5.0. ADJOURNMENT Meeting adjourned at 10:30 p.m. Respectfully submitted, April Lucas, Administrative Supervisor s Ashland Planning Commission October 11, 2077 Page 5 of 5 CITY OF -ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES October 25,2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Mick Church Bill Molnar, Community Development Director Michael Dawkins Maria Hams, Planning Manager Eric Heesacker Michael Pina,Assistant Planner Pam Marsh April Lucas,Administrative Supervisor , Debbie Miller Melanie Mindlin Absent Members: Council Liaison: Russ Silbiger ANNOUNCEMENTS Commission Chair Pam Marsh welcomed Mick Church back to the Planning Commission. She also reminded the group of the joint Transportation/Planning Commission meeting on Monday, November 7. Community Development Director Bill Molnar announced the City Council will hold public hearings on Pedestrian Places and the Wireless Facilities code amendments on November 1s'. He also noted the possibility of having the November 8U Planning Commission meeting canceled. UNFINISHED BUSINESS A. Approval of Planning Commission's Recommendation for PA-2011-01174, Pedestrian Places. B. Approval of Planning Commission's Recommendation for PA-2011-01175,Wireless Communication Facilities. Commissioners Dawkins/Mindlin m/s to approve the Planning Commission's recommendations for Planning Actions 2011- 01174 and 2011.01175.Voice Vote: all AYES. Motion passed 5-0. [Church abstained] NEW BUSINESS A. Discussion and request for Council to initiate an ordinance amendment that would reduce Planning Commission membership from 9 to 7. Commissioner Dawkins provided an overview of the discussion he had with Mayor Stromberg in regards to reducing the number of Planning Commission members. He stated he and the Mayor had a long discussion and the Mayors primary concern was maintaining a good balance on the Commission. Commissioner Dawkins countered that it is the Mayor who makes the recommendations for appointment, and hopefully future Ashland mayors will keep in mind that balance.The Mayor directed Dawkins to speak with the Commission's council liaison, Councilor Silbiger, and bring a formal recommendation before the Council for consideration. Comment was made questioning if the Commission could adopt a range similar to the Tree Commission, instead of a specific number of members. Councilor Silbiger explained why he does not think this would work for the Planning Commission. Mr. Molnar asked the group to articulate why they feel seven members would be better. Commissioner Marsh noted that the Commission started discussing this possibility back when they had a full commission, and this request has nothing to do with the lack of succession. She stated nine members is too big, and makes it difficult to have a back-and-forth discussion. Mr. Molnar noted the Planning Commission was originally a seven member group. Commissioner Mindlin stated deliberations work better with seven Ashland Panning Commission October 25. 2011 Page 1 of 4 members, and it is hard to have a back and forth debate when there are nine people. Commissioner Miller noted that many Oregon cities have seven member Planning Commissions, including towns that are larger than Ashland. Commissioner Dawkins commented that there seems to be a tipping point where they are functional and non-functional,and he does not believe they are functional as a nine member group. Commissioners MillerlDawkins m/s to ask Councilor Silbiger to bring forth a change in the Planning Commission's membership from nine members to seven.Voice Vote: all AYES. Motion passed 6.0. DISCUSSION ITEMS A. Consider initiation of possible code amendments to: t. Establish standards and height allowances for deer fencing. — 2. Permit greater flexibility for the keeping of poultry on property within the city limits. 3. Modify setback requirements related to the installation of rain water harvesting equipment within the side or rear yard areas. a. Increase'the allowance for the extension of roof eaves into setback areas (i.e. required yard areas) 5. Adjust standards for installation of solar collection systems*cm Commercial and Employment land within a Historic District. Mr. Molnar explained Planning staff maintains a list of"housekeeping measures",which are minor, non-controversial revisions to the land use ordinance that would address inconsistencies and issues that staff deals with on a reoccurring basis. He stated while the list is quite large, the items brought forward tonight are ones that seem to be in line with Council goals, including sustainability and resource conservation. Deer Fencing Mr. Molnar explained staff frequently hears from property owners that they want gardens and have a difficult time protecting them from deer under the current fence regulations. He stated one idea is to allow property owners to go above the 6.5 foot height limit and allow deer fencing (mesh,wire, etc) up to a maximum height of 8 feet. Commissioner Miller voiced support for this idea. She stated deer fencing can look attractive and recommended not limiting the material to netting. She added they should do what they can to help people with this issue. Comment was made questioning if 8 feet is high enough.Assistant Planner Michael Pina stated deer could potentially jump an 8 foot fence, but would typically need a running start.With our urban built environment,he stated staff believes 8 feel is appropriate. Commissioner Heesacker voiced his support for this coming forward and asked whether they should allow a solid fence up to 8 feet. Mr. Pina stated a solid wood fence could pose issues regarding wind load and would entail more stringent building code requirements. He stated limiting the additional 1.5 feet to deer fencing would prevent the building code requirements from kicking in and would also reduce permit costs to the homeowner. Commissioner Heesacker stated there seems to be a bias against chain link fence material and asked why. Commissioner Dawkins commented that there is a visual difference between chain link and mesh. He stated mesh blends in better with the surrounding environment and is visually less offensive than chain link. Commissioner Marsh voiced her concern with higher fences for front yards. She stated backyards are not an issue, but questioned what it would look like if every home along Siskiyou Blvd. had an 8 foot fence. Dawkins agreed and stated this would'not be a pleasing entrance to a home and could ruin the sense of a neighborhood. Mr. Molnar indicated there may be some front yard options that would be acceptable to the Commission and stated staff will bring back some creative ideas on how to address their front yard concerns. Keeping of Poultry Mr. Pina stated the keeping of poultry is one of the most received inquiries by Planning staff and also receives the most hits on the Department's FAQ webpage. Mr. Molnar explained the keeping of poultry does not fall under the Land Use Ordinance and is contained in the Nuisance Chapter of the Ashland Municipal Code, which also addresses unnecessary noise and smell. He stated the current regulations do not put a limit on the number of chickens or roosters allowed, but do require poultry to be kept at least 75 feet from neighboring dwellings and for the environment to be kept odor and debris free. Mr. Pina clarified most of the reported noise complaints are regarding roosters, and stated this proposal would remove roosters from being permitted. Staff noted the code requirements of other jurisdictions and asked the Commission to consider how close they would prefer chicken enclosures to be kept from setbacks and property lines. Ashland Planning Commission October 25, 2011 Page 2 of 4 The commissioners shared their input on this item. Commissioner Miller voiced support for establishing a minimum setback from residential dwellings as opposed to the property line. She recommended they start simple and it a number of complaints arise over the next couple years they can look at making this more restrictive. Commissioner Mindlin received clarification about the City's current setback requirements for small structures. Mr. Pina clarified this ordinance change would not address other birds,such as turkey or geese. Commissioner Dawkins suggested using the term"chickens"in the ordinance instead of poultry. He also stated keeping with the setback requirement seems to be cleaner than dealing with distances from other dwellings. Commissioner Marsh commented that staff is on the right track with this; it is straight forward and establishes basic constraints. She added she is comfortable with chickens loose in the yard as long as the yard is secured. Commissioner Church stated the interest should be ensuring people have enough space to move around the coup or structure, and to not allow someone to build right up against the fence. Mr. Molnar thanked the commissioners for their input and clarified because these code requirements are contained in Chapter 9,this amendment will not come back before the Commission for approval. Rainwater Harvesting Mr. Molnar stated common methods for rainwater harvesting are 50-90 gallon drums and stated the primary question that arises is whether these drums are considered structures and whether they need to conform to setback requirements. He stated staff has not received complaints about the placement of these types of rainwater harvesting systems but would like to have clear language in the code. He stated staff feels it is reasonable to place a rainwater drum within the side or rear-yard setback, but would like to know how the Commission feels about relaxing the setback requirements for these small rainwater catchment systems. Support was voiced for allowing rainwater drums in the setback and also for the handout materials being prepared by staff. Roof Eaves Mr. Molnar stated the City currently allows a maximum 18 inch encroachment into the setback, but more and more home builders desire greater roof extensions because they reduce energy consumption. He stated this proposal would amend the standard and allow roof eaves to extend 3 feet into the setback. No objections were voiced to this proposal. Solar Collection Systems Mr. Molnar stated House Bill 3516, which goes into effect January 1,2012, states photovoltaic energy systems have to be allowed in any zone where commercial or residential structures are permitted. Additionally,jurisdictions cannot require property owners to go through a land use process if the system does not increase the footprint of the building or the peak height of the roof,and if the system is installed parallel to the roof line. He added the City does have the ability to place additional regulations for photovoltaic systems places on historic properties within our designated Historic Districts. Mr. Molnar stated our current policies are consistent with HB 3516, but would like to know whether the Commission would like to create additional flexibility, including allowing these types of systems on commercial buildings in historic districts without triggering a site review and public hearing. Comment was made that the City should establish reasonable standards so that property owners can do this without paying a large planning approval fee and going through the public hearing process. General support was voiced to create more flexibility for property owners wanting to install solar collection systems. Co-Housing Communities and Building Barriers Commissioner Mindlin stated she has been in discussion with the Mayor about this topic and this seemed to be the appropriate time to bring it forward. Mindlin provided an overview of potential barriers to co-housing communities in Ashland. She stated pedestrian communities are unclear in our design standards for single family zones, and locating parking on the periphery is one of the primary elements of co-housing developments; however standards regarding parking lots in residential zones are unclear. Mindlin stated building spacing and orientation, as well as the density and affordable housing component create additional barriers to these types of developments. She commented on the benefits of co-housing living and recommended the Commission consider removing some of these stumbling blocks for pedestrian communities. The commissioners shared their input on this subject. Commissioner Dawkins supports the concept of co-housing and stated the social justice being provided should excuse the affordable housing requirement. He also stated co-housing is a realistic way to support Ashland's desire for infill and to accommodate future growth within the current urban growth boundary. Commissioner Marsh stated the issues raised by Mindlin are good ones and should be looked at in general, not just for co-housing projects. She also suggested the Commission took at reducing the lot size for single family lots. Commissioner Mindlin commented that 12 units is the minimum for a functioning cohousing development, and stated it is challenging to find lots in Ashland that can accommodate this. Commissioner Dawkins gave his opinion that it is appropriate at times to increase density in R-1 Districts and does not think Ashland Planning Commission October 25. 2011 Page 3 of 4 they should limit these developments to R-2 and R-3 zoned land. Mr. Molnar clarified all of the City's residential zoning districts provide flexibility for a variety of housing types. Commissioner Marsh stated it appears the parking lot issue can be addressed in the current requirements; however the setback and street orientation issues may be more problematic. Mr. Molnar explained the Department's plate is tremendously full, and it would be helpful if the co-housing community could put forward specific,clear changes they believe would make improvements. He added the Planning Commission will need to provide staff direction and the Council will have to approve whether this is something that can be added to the list of items staff is working on. Commissioner Church suggested a freestanding section of the code that speaks just to co-housing (or pedestrian access communities) rather than amending all of the other sections of the code. Planning Manager Maria Hams gave her opinion that the primary stumbling block is not the code, but rather finding a big enough lot in Ashland that is configured in a way to accommodate this type of development. Commissioner Marsh asked Mindlin to give this topic some additional thought and research possible ways to pursue this. She also recommended any commissioner who has not visited the Fordyce Co-Housing Development to do so and believes this will provide them a better perspective of the issues at hand. B. Staff Report Content. Mr. Molnar requested the Commission provide feedback on the format and content of the Planning Division's staff report and asked if the information being provided allows them to make informed decisions. He noted the previous suggestions for a broader vicinity map and also the project planner, and stated staff could start including these in the packet. The Commission briefly shared their input. Request was made for staff to include comparisons to other projects, when appropriate. It was also suggested staff include a box of key items, including staff s concerns and options for how they might address the different criteria. Commissioner Marsh asked the group to keep this item in mind when looking at the next few sets of staff reports and provide feedback to staff. ADJOURNMENT Meeting adjourned at 9:00 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission Ocloher25. 2011 Page 4 of 4 CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: December 19' 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb @ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Patterso Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Emil McMillan Jr. dba McMillan's Hong Kong Bar at 23 North Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I I=, CITY OF -ASHLAND Council Communication Appointment to Historic Commission Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christebgashland.or.us Secondary Dept.: Mayor's Office Secondary'Contact: Mayor Stromberg Approval: Larry Patterso Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of Tobin Fisher to the Historic Commission with a term to expire April 30, 2014? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Historic Commission on application received. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Tobin Fisher to the Historic Commission. Potential Motions: Motion to approve appointment of Tobin Fisher to the Historic Commission with a term to expire April 30, 2014. Attachments: Application received Page I of 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 christebnashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Tobin Fisher. Requesting to serve on: Historic (Commission/Comm ittee) Address: 220 Harrison Street, Ashland OR 97520 Occupation: Sales to the Criminal Justice System Home Office: (541) 708-0173 Work: cell: (503) 396-1496 Email: tobinfsher @hotmail.com Fax: (206) 260-2754 1. Education Background What schools have you attended: Lewistown Area High Sch6ol, Lewistown-PA (1988) Indiana University of Pennsylvania, Indiana-PA (1992) What degrees do you.hold: High School Diploma and BA Degree- Theater What additional training or education have you had that would apply to this position? Time spent as an Actor in the Pioneer Arizona Opera House, Phoenix-AZ Historic Town north of Phoenix. I have great deal of appreciation for preserving Historic buildings. My Degree in Theater gave me a very good education on Period Architecture. I also own a Historic Home in Portland, 1887. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I have spent the last 13 years networking with Government Agencies as well as the Private Sector. My ability to communicate affectively and understand all points of views would be of value to the community's needs. Public speaking skills are very good. Do you feel it would be advantageous for you to have timber training in this field, such as attending conferences or seminars? Why? Yes-If it is cost affective for the City, I am sure that the right seminar or conference can give me additional skills I could use to be a more affective Committee Member. Cost must always be the issue first; we can fund many things on the Internet to help expand our knowledge that does not cost anything. 3. Interests Why are you applying for this position? I moved to Ashland with my family from Portland in July 2010. 1 very much like the town and the Rogue Valley; 1 plan to stay . here as a long term resident and I want to get involved. This Committee seemed to fit my interests more than the others; however I would be willing to consider any other needs the City may have. 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 can attend regularly scheduled meetings, day or evening can work for me when I am not traveling for work. 1 travel 9 weekdays out of the month, I do set my own schedule so I can accommodate Committee Meetings. 5. Additional Information How long have you lived-in this community? 1.5 Years Please use the space below to summarize any additional qualifications you have for this position I have a desire to be more involved in our wonderful community. The Historic buildings and that aspect of Ashland, is one of its greatest assets, I want to protect it as best as we can, while still allowing for progress in the way of increased tourism. We love our small community and population, but we all know that our local small businesses need the tourism to continue and expand. Keeping Ashland Historical in appearance is vital to that goal. 1 believe that I can learn our needs quickly and then help provide solutions along with the rest of the committee members in a timely and cost effective way. Date Signature 10/13/11 Tobin Fisher CITY OF ASHLAND Council Communication Appointment to Planning Commission Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland.or.us Secondary Dept.: Mayor's Office Secondary Contact: Mayor Stromberg Approval: Larry Patterso Estimated Time: Consent Question: Does the City Council wish to confirm the Mayor's appointment of Richard Kaplan with a term to expire April 30, 2015 to the Planning Commission? Staff Recommendation: None Background: This is confirmation by the City Council on the Mayor's appointment to the Planning Commission on applications received and on file. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor appointment of Richard Kaplan to the Planning Commission. Potential Motions: Motion to approve appointment of Richard Kaplan with a term to expire April 30, 2015 to the Planning Commission. Attachments: Applications received and on file Page I of I CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMIIUTTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall. 20 E Maul Street, or email Chris nb aahtanct„r.a,. If you have any questions; Please feel free to contact the City Recorder at 483-5307. Attach additional sheets if necessary. ` Name 1 C l4 JA R-tO Requesting to serve on R-A 0 Ntab (Commissionr`Committee) Address 090 GLEw3t..-Ncp tQ• TiSt�L/1*�� Occupation k<?F--n i2ED Phone: Home 5 tl-NtW-123,6 chi IW -w"- :%[I- TV- 9539 Email tick_ KAeIdrt a V1�0. C" Fax 1. Education Backaround What schools have you attended? F 1TA CH$� QytyE What degrees do you hold? 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? SE£ ar"tTRCNQI 2FSurkE S,A�aaos beicw.P&fNT ArID AffuCA`11x d 1£ct4atCi4i_ Ca�MtT'['E� �oe-tL Do you feel it would be advantageous for you to have further training in this Geld,such as attending conferences or seminars" Why? TBD 3. Interests Why are you applying for this position' 16 A"cT L y Pk(Z-"e-PAS la i11E 1d7VaE :OEJftcP�Fai of acfR CCT4 . 4. Availabilitv Are you available to attend special meetings, in addition to the regular]) scheduled meetings? Do you prefer day or evening meetings? _ Y CS ,- w a PO-PWFiue 5. Additional Information How lone have you lived in this community`' 6�2�fY Please use the space below to summarize anc additional qualifications you have for this position L 1 L RR Jq q 1��1t4lc_ C�QI£Nl WT b 1 p WlD W Eti t�1 S..�gt.L �o[n u PS• ( �+-f�vtz h �7,�.�6 £TH14S_ 'o2l£#,ITA-(to,J AND A-Pi Ocr- -RU£ IM ��O} tAS44LA, �b5 3JS, aeE;5 jZlEAt �STQ oe ��J£ e caerS6 • 1 waRtt weLC- Wty � Y As h VOL L)AIT-f2 C aN-CR-L Bu i D/Z. . Date Si mature Richard P. Kaplan 690 Glenwood Drive Ashland, OR 97520 (H) 541-488-1236 (M)541-778-9539 (email) rich_kaplanoavahoo.com Professional Work Experience RK Consulting Group, Inc., Los Gatos CA (2001-Dissolved 2005) PresidenUProduct Safety Consultant Applied Materials, Inc., Santa Clara CA (1991- Retired 2001) Last Position: Corporate Product Safety Director FMC Corporation, Chicago IL and San Jose CA (1977-1990) Last Position: Engineehng Systems& Standards Manager- Defense Systems Group Acme Barrel Company, Chicago 1L (1976-1977) Environmental Projects ManageriPurchasing Agent Safety Services, Inc., Chicago IL (1973-1976) Safety& Health Specialist Wisconsin Department of Industry, Labor& Human Relations, Madison WI (1971-1973) Risk Management Analyst- Division of Research& Statistics Committee Experience Osher Lifelong Learning Institute (OLLI) at Southern Oregon University Cumculum Committee Member, Chair 2007-2008 Semiconductor Equipment and Materials International, San Jose CA - SEMI Technical Standards Program Safety Subcommittee Chair. Task Force Leader(Ergonomics Standard SEMI S8; Environmental. Health& Safety Standard Revision SEMI S2) Volunteer Board Experience Osher Lifelong Learning Institute (OLLI) at Southern Oregon University Council Member, Council Vice President. and Council President 2010-2011 Schuman Collection of Musical Instruments at Southern Oregon University Community Board Member 2007-2009 Military Experience U. S. Army Reserve (1970— 1977) - Commissioned through ROTC Last Position: Captain, Field Artillery Unit Commander(Annual Training) Teaching Experience Osher Lifelong Learning Institute (OLLI) at Southern Oregon University (2005— Present) Instructor(Ethics and related courses, wine making) San Jose State University— Department of Industrial & Systems Engineering, San Jose CA Adjunct Instructor(Human Factors Design& Experiments) University of Wisconsin- Department of Psychology, Madison WI Head Teaching Assistant(Experimental Psychology) Professional Recognition 8"Annual 'Karel Urbanek International Award' (for"...outstanding service to the global semiconductor industry by furthering the cause of international cooperation'), Semiconductor Equipment and Materials International Inaugural `Health and Safety Excellence Award' (for"...recognition of exceptional service to the Silicon Valley Environmental Health and Safety Community"), Pacific Industrial & Business Association and Silicon Valley Manufacturing Group 'Merit Award' (for"...outstanding achievement in the advancement of SEMI Standards'), Semiconductor Equipment and Materials International Specialized Training Certificate - Compliance Safety & Health Officer Training Course, Occupational Safety & Health Administration, U. S. Department of Labor Education M.S. (R&D Systems Management), University of Southern California, 1986 Doctoral program (Engineering Psychology), University of Wisconsin, 1968 - 1971 B.A. (Psychology), University of Wisconsin, 1968 CITY OF ASHLAND Council Communication Approval of Procurement of Itron Electric Meters Meeting Date: December 20, 201 1 Primary Staff Contact: Lee Tuneberg Department: Electric E-Mail: Lee.tuneberg@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Dave Tygerson Approval: Larry Patterso Estimated Time: Consent Statement: Will the Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the acquisition of Itron electric meters directly from General Pacific for a term of three (3) years beginning January 1, 2012 and expiring on December 31, 2014? Staff Recommendation: Staff recommends that the Sole Source Procurement be approved because General Pacific is the exclusive, single source, distributor for Itron products in Oregon. Background: The City Council approved a Sole Source Procurement for Itron meters on March 17, 2009 for a term of three (3) years which is due to expire on December 31, 2011. The City of Ashland continues to utilize Itron meter reading equipment and software which requires a readable Itron electric meter. The determination of a Sole Source Procurement must be based on written findings which are included as an attachment to this Council Communication. The Electric Department procures approximately 1,000 each, Class 200, Form 2S Radio Read Residential Meters per year at a cost of$61.35 each for a total of$61,350.00. The additional meters listed on the attached quote are service specific and are procured individually as needed. The annual cost for residential and service specific Itron electric meters is approximately $75,000.00. Related City Policies: Section 2.50.090 1 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: F. Sole Source Procurements — a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 27913.075 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Sole Source Procurement. Page I of 2 ��, CITY OF ASHLAND Potential Motions: The Council, acting as the Local Contract Review.Board, moves to approve (or decline) the Sole Source Procurement. Attachments: Written Findings General Pacific Meter Quote ]tron Letter Page 2 of 2 1W, FORM #6 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GO ODS AND SERVICES Greater than $100,000 To: City Council, Local Contract Review Board From: Lee Tuneberg, Interim Electric Director Date: December 20, 2011 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writine that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: Estimate - $75,000.00/per year Project name: Itron Electric Meters Description of goods and services: Itron Electric Meters Background: This sole source justification applies to the purchase of Itron electric meters for a term of three years beginning January 1, 2012 and expiring on December 31, 2014. The City_ Council approved a Sole Source Procurement for Itron meters on March 17. 2009 for a term of three (3) years which is due to expire on December 3 1. 201 The City of Ashland continues to utilize Itron meter reading equipment and software which requires a readable Itron electric meter. In accordance with ORS 27913.075,the City may justify the use of a Sole Source Procurement because the existing Itron goods requires the acquisition of compatible Itron goods and services. ORS 27913.075 Sole Source Procurement (2) The determination ofa Sole Source must be bared on written findings that may include: (a) That the efficient tntilizatiat of existing goods requires the acquisition gfcompatible good or services. The Electric Department procures approximately 1,000 each. Class 200, Form 2S Radio Read Residential Meters per year at a cost of$61.35 each for a total of$61,350.00. The additional meters listed on the attached quote are service specific and are procured individually as needed. The annual cost for residential and service specific Itron electric meters is approximately $75,000.00. Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 1 of 3,12114/2011 Findings: [The findings below must include factual information supporting the determination.I Market Research Overall finding: As per the attached letter from Itron, General Pacific is the "authorized and sole electricil); stocking distributor' for Itron meters in Oregon. [In accordance with ORS 279B.075, these are the examples o- tndings that should be addressed. Select at least one of the rndines and prepare the determination as it specifically relates to the good or service being procured. More than one Ending can be addressed. The findines are as ollows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires-the-acquisition of compatible goods or services from only one source. The City of Ashland continues to utilize Itron meter reading equipment and software which requires a readable Itron electric meter. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination 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. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. As per the attached letter from Itron, General Pacific is the "authorized and sole electricity stocking distributor' for Itron meters in Oregon. Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 2 of 3,12114/2011 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us- [December 21 2011 - i1 approved] PUBLIC NOTICE Approval of a Sole Source Procurement First date of publication: [December 21. 2011 -i[approved] A request for approval of a Sole Source procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on[December 20, 2011 -if approved]. It has been determined based on written findings that the following Goods and Services are available from only one source. The City utilizes Itron meter reading equipment and software,which requires the City to purchase readable Itron electric meters. General Pacific is the exclusive, sole source. distributor for Itron electric meters in Oregon. Therefore,the City will be procuring Itron electric meters directly from General Pacific.as approved in this Sole Source Procurement for a term of th ee(3)years beginning January 1,2012 and expiring on December 31. 2014. The contract terms,conditions and specifications may be reviewed upon request by contacting Kari Olson, Purchasing Representative, at 541-488-5354. An affected person may protest the determination that the personal services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue,Ashland, OR 97520. The seven (7)day protest period will expire at 5:00pm on[December 28, 2011-ifposled on December 21, 2011] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 3 of 3,12/14/2011 QUOTE Larisa Podrezov - Metering Sales y 22414 NE Townsend Way - PO Box 70 `- Fairview, Oregon 97024 General Pacific Inc. Email: lpodrezov@generalpaci(ic.com Main Office: (503) 907-2900 EXT#647 Fax: (503) 489-2103 To: Kari Olson City of Ashland 90 N.Mountain Ashland,OR 97520-2014 QTY ITEM # DESCRIPTION UNITPRICE 1'2'0 TRF6 fl5b_2 C15 FM2SCL�L00,2"40V with"R300rHP "$b135` ' 1 ITR F620S01 C1SDR3, FM2S,CL200, 240V, R300CD3 $250.00 1_": TRnF620503 a' � QN�1SI2;ELSI�1a 1 ITR F620507 C1SDR3, FM4S,CL20, R300CD3 $358.00 v C2 )ACT 9 120484 bv R3QOCQ3u $44`S?D0 1 ITR F620505 CPISDR3, FM16S, CL200, 120-480V, R300CD3 $445.00 am MUM .o . c ... gig t ITRON METERS ft MODULES ARE PROUDLY MADE IN THE U.S.A. http://www.genera(pacific.com Iodrezov @generalpacific.com /trdn Kmw/edge to Shape Your Future December 5, 2011 Mike Cook Ashland Municipal Electric Utility I To Whom It May Concern: This letter is intended to clarify Itron sales representation for electricity metering products and data collection hardware and software in the Pacific Northwest. General Pacific, Inc. (GenPac) has a long history with Itron in serving the northwest public power market. GenPac is our authorized and sole electricity meter stocking distributor for the following areas:southeast Alaska,Washington,Oregon, Idaho, northern California, northern Nevada,western Wyoming and western Montana. In addition to metering products,GenPac sells and supports Itron's Choice ConnectT"data collection and data analysis solution suite that includes software, handhelds, mobile collectors and fixed network data collection devices. For over 30 years, Itron,the industry leader in advanced meter reading (AMR) and advanced metering infrastructure(AMI)solutions, has been developing and producing technologies in the United States.Our electricity metering products have an even longer history of U.S. manufacturing,dating back to 1899,with the Sangamo Electric Company. Itron is proud of our commitment to continue building our products in the United States. Although Itron is a global metering supplier,we understand the importance of keeping manufacturing of our products for the U.S. market domestic. This ensures that our products have the highest quality and are available on-time. Itron's investment in automation and highly trained workers helps to maintain this quality at competitive costs. In past years Itron manufactured ERT radio boards for other vendor meters;this manufacturing process has been mutually terminated. Consequently the R300 radio is only available on Itron meters, i.e. CENTRONG single phase and polyphase meter,and SENTINEL®meter.We continually work to bring new features&functions to our metering products while maintaining our high level of quality, as evidenced by our standard 3-year warranty,an industry precedent. Itron and General Pacific believe we offer the best value for your present and future metering requirements, and we sincerely thank you for the opportunity to be of continuing service to Ashland Municipal Electric Utility. Sincerely, Rob Rickard - Area Manager 2111 North Moltef Road let 509-924-9900 Liberty Lake,WA 99019 fax 509-891-3355 w Jtron.com toll-hee 800-635-5461 CITY OF ASHLAND Council Communication Resolution for Solid Waste Collection Rate Increase Meeting Date: December 20, 2011 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann @ashland.or.us Secondary Dept.: None Secondary Contact: Approval: Larry Patters Estimated Time: Consent Question: Will the Council approve a resolution for an interim rate increase for solid waste collection? Staff Recommendation: Staff recommends Council approve the Resolution. Background: Council heard a presentation from Recology at the study session on December 5 requesting a 23.3%rate increase. During the Public Hearing on December 6, Council directed staff to prepare a Resolution approving an interim increase of 7.5% for the following Recology customers: residential, commercial can, debris box, compactor and medical and a 20% increase for commercial bin customers with high - volume/high frequency service. Recology has applied the 20% increase to the current discount for high volume/high frequency service. The interim increase accounts for an overall 11.2% increase in revenue for Recology towards their requested 23.3% increase. At the meeting on December 6, staff recommended the Council review the proposed rate increase, review and update to the existing franchise agreement;review current services provided by Recology and discuss City policy related to solid waste collection services and discounts after the New Year. 'The attached Resolution provides for the interim rate increase to be in effect from January 2012 through January 2013. Related City Policies: Ordinance 2582 Ordinance 2829 Recycling Center Lease Council Options: • Approve the Resolution for an interim rate increase. • Do not approve the Resolution. Potential Motions: Move to approve the Resolution a rate increase of 23.3% and direct staff to prepare a Resolution for Council adoption on December 20. Page 1 of 2 CITY OF -ASHLAND Move to deny an interim rate increase and Attachments: • Resolution with Appendix A (interim rate increase) • Letter from Recology Page 2 of 2 RESOLUTION NO. 2011- A RESOLUTION AUTHORIZING AN INTERIM RATE INCREASE FOR RESIDENTIAL, COMMERCIAL AND MEDICAL WASTE SERVICES PROVIDED BY RECOLOGY RECITALS: A. The City of Ashland contracts with Recology Ashland Sanitary Service by means of a franchise agreement for provision of solid waste and recyclable materials collection and disposal services within the City until March 31, 2018. B. The franchise agreement, Ordinance 2582, states Recology can petition the City Council to increase its solid waste collection and disposal rates and seek binding arbitration if the parties fail to agree on new rates. C. The franchise requires that rate increases must be approved by Council resolution. THE CITY OF ASHLAND RESOLVES AS FOLLOWS SECTION 1 The rates for the collection of residential, commercial and medical waste services and recyclable materials and disposal within the city of Ashland as indicated in Appendix A are approved. SECTION 2 The adopted rates will take effect at the beginning of January 2012 and expire at the end of December 2012. SECTION 3 Between January 2012 and December 2012, the City will review current services and discounts provided by Recology; propose franchise agreement revisions to reflect a formula for rate increases hereafter and current best practices for solid waste collection; and, seek a mutual agreement with Recology on a subsequent rate increase and on priorities for solid waste collection services. SECTION 3 This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code. PASSED and ADOPTED this day of 2011. Barbara Christensen, City Recorder Page 1 of 2 SIGNED and APPROVED this day of 12011 John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney 0 Page 2 of 2 Recology.. ashlanc; �anitar. Lervice WASTE ZERO December 12, 2011 Larry Patterson Interim City Administrator 20 East Main Street Ashland, OR 97520 Dear Mr. Patterson: I am enclosing for consideration by the Ashland City Council an interim rate increase packet. As you will see, based on the Council approved motion, the proposed increase provides for a 7.5% increase for most rate payers, with greater increases averaging 20%for commercial.trash producers with multiple service days. This proposal takes a significant step towards reducing volume and frequency discounts for commercial trash producers. It is our intent that these proposed rates are to be in effect for one calendar year, commencing January 1, 2012, and ending December 31, 2012. This is with the understanding that after the holidays(shortly after January 1, 2012) representatives from Recology and the City will resume discussions and analysis to determine what rate increases may be deemed appropriate for January 1, 2013, and beyond. As part of this process we-will be submitting a rate application in March of 2012 for 2013 to take into account the most currently available information. The City should understand that the proposed rate increase accompanying this letter does not achieve a reasonable level of profitability for Recology Ashland Sanitary Service. Assuming 2012 follows current - projections, this increase will merely help to eliminate our operating losses going forward. Additionally, we believe it is impgrtant for both the City of Ashland and Recology that we work towards amending the existing Franchise Agreement between the city and Recology Ashland Sanitary Service. Specifically, wewould propose inclusion of a .90 Operating Ratio, a CPI adjustment clause, and language that clearly articulates that the City sets the policies which determine services (and service levels) to be provided by Recology Ashland Sanitary Service to the rate payers in Ashland. Sincerely, Seven J. D(Fabion beneral Manager Recology Ashland Sanitary Service Encl.: Recology Ashland Sanitary Service Interim Rate Increase Cc: Ann Seltzer Bruce Gondry Ed Farewell Tom Norris George McGrath Mark Lomele Recology Ashland Sanitary Service Average 20%increase Commercial Bins, 7.5 All Other Interim Increase Current Percent Proposed Revenue Increase 2012 Residential $1,836,568 7.5% $1,974,537 Commercial(Cans) $310,225 7.5% 5333,514 Commercial(Bins) $1,109,305 20.0% $1,330,836 Debris Box $349,605 7.5% $375,823 Compactor 5120,760 7.5% 5129,818 Medical $31,353 7.5% $33,703 53,757,816 11.2% 54,178,231 t Handout- Interim 1 of 7 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland . Interim Increase Residential Service Number of RecologV Ashland Medford Description Customers. Current 5increase %Increase Proposed In City County 32 Gallon 5,703 16.61 1.25 7.5% 17.86 15.63 16.71 64 Gallon 12 33.22 2.49 7,5% 35.71 26.19 2836 96 Gallon 2 49.83 3.74 7.5% 53.57 36.76 40.01 96 Gallon Yard Debris 1,899 5.65 0.42 7.4% 6.07 . Stickers 548' 35.05 2.64 7.5% 37.69 Yellow Bags 191-1 23.27 - 1.75 7.5% 25.02 Sticker and yellow bag customers do not subscribe to regular weekly service. Handout-Interim 2 of 7 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland Interim Increase Commercial Can Service Service Number of Yards/ Recology Ashland Medford Description Customers Month Current $/Yard $ Increase %Increase Proposed 5/Yard In City 5/Yard 32 Gallon 1 x Week 380 0.7 16.61 24.20 1.25 7.5% 17.86 26.02 15.63 22.77 32 Gallon 2 x Week 1 1.4 33.22 24,20 2.49 7.5% 35.71 26.01 31.26 22.77 32 Gallon 3 x Week - 2.1 49.83 24.20 3.74 7.5% 53.57 26.01 46.89 22.77 32 Gallon 4 x Week - 2.7 66.44 24.20 4.98 7,5% 71.42 26.01 62.52 22.77 32 Gallon 5 x Week - 3.4 83.05 24.20 6.23 7.5% 89.28 26.01 78.15 22.77 32 Gallon 6 x Week - 4,1 99.66 24.20 7.47 7,5% 107.13 26.01 93.78 22.77 64 Gallon 1 x Week 119 1.4 33.22 24.20 2.49 7.5% 35.71 26,01 26.19 19.08 64 Gallon 2 x Week 2 2.7 66.44 24.20 4.98 7,5% 71,42 26,01 52.38 19.08 64 Gallon 3 x Week 1 4,1 99.66 24,20 7.47 7.5% 107.13 26.01 78.57 19.08 64 Gallon 4 x Week - 5.5 132.88 24.20 9.97 7.5% 142.85 26,01 104.76 19.08 64 Gallon 5 x Week - 6.9 166.10 24.20 12.46 7.5% 178.56 26.01 130.95 19.08 64 Gallon 6 x Week 3 8.2 199.32 24,20 14.95 7.S% 214,27 26.01 157.14 19.08 96 Gallon 1 x Week 49 2.1 49.83 24.20 3.74 7,5% 53.57 26.01 36.76 17.85 96 Gallon 2 x Week 2 4.1 99.66 24,20 7,47 7.S% 107.13 26.01 73.52 17.85 96 Gallon 3 x Week 1 6.2 149.49 24.20 11.21 ZS% 160.70 26.01 110.28 17.85 96 Gallon 4 x Week - 8.2 199.32 24.20 14.95 7.5% 214.27 26.01 147.04 17.85 96 Gallon 5 x Week - 10.3 249.15 24,20 18.69 7.5% 267.84 26.01 183.80 17.85 96 Gallon 6 x Week 1 3 1 12.4 1 298.98 24,20 22.42 7.5% 321.40 26.01 1 220.56 17.85 Handout- Interim 3 of 7 - 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland Interim Increase Commercial Bin Service Service Number of Yards/ Recology Ashland Medford Description Customers Month Current S/Yard Discount S Increase %Increase Proposed S/Yard Discount In City S/Yard 1 Yard 1 x Week 109 4.3 84.44 19.49 - 6.33 7.5% 90.77 20.95 N/A 1 Yard 2 x Week 7 8.7 139.13 16.05 17.6% 18.82 13.5% 157.95 18.23 13.0% N/A 1 Yard 3 x Week - 13.0 193.81 14.91 23.5% 34.94 18.0% 228.75 17.60 16.0% N/A 1 Yard 4 x Week - 17.3 248.49 14.34 26.4%, 45.61 18.4% 294.10 16.97 19.0% N/A 1 Yard 5 x Week 1 21.7 303.15 13.99 28.2% 55.40 18.3% 358.55 16.55 21.0% N/A 1 Yard 6 x Week 1 26.0 357.83 13.76 29.4% 61.54 17.2% 419.37 16.13 23.0% N/A 1.5 Yard 1 x Week 87 6.5 94.14 14.48 25.7% 18.87 20.0% ' 113.01 17.39 17.0% 104.61 16.09 1.5 Yard 2 x Week 30 13.0 161.27 12.41 36.3% 35.37 21.9% 196.64 15.13 27.8% 169.48 13.04 1.5 Yard 3 x Week 9 19,5 222.87 11.43 41.3% 61.92 27.8% 284.79 14.60 30.3% 244.93 12.56 1.5 Yard 4 x Week 1 26.0 290.00 11.15 42.8% 76.16 26.3% 366.16 14.08 32.8% 32039 12.32 1.5 Yard 5 x Week 1 32.5 353.OD 10,86 44.3% 93.40 26.5% 446.40 13,74 34.4% 382.63 11.77 1.5 Yard 6 x Week 1 39.0 417.37 10.70 45.1% 104.75 125.1% 522.12 13.39 36.1% 434.25 11.13 1.5 Yard 7 x Week 1 45.S 505.50 11.11 43.0% 135.28 26.8% I 640.78 14.08 32.8% N/A 2 Yard 1 x Week 70 8.7 120.43 13.90 28.7% 26.62 22.1% 147.05 16.97 19.0% 136.38 15.74 2 Yard 2 x Week 61 17.3 210.41 12.14 37.7% 45.46 21.6% 'I 255.87 14.76 29.5% 219.76 12.68 2 Yard 3 x Week 39 26.0 300.40 11.55 40.7% 70.17 I 23.4%_ 370.S7 14.25 32.0% 312.47 12.02 2 Yard 4 x Week 11 34.7 391.06 11.28 42.1% 85.39 21.8% 476.45 13.74 34.4% 393.21 11.34 2 Yard 5 x Week 5 43.3 481.73 11.12 43.0% 99.13 20.6%, I 580.86 13.40 36.0% 473.94 10.94 2 Yard 6 x Week 6 S2.0 570.33 10.97 43.7% 109.05 19.1%� J 679.38 13.07 37.6% S68.01 10.92 2 Yard 7 x Week 3 60.7 690.76 11.39 41.6% 143.03 20.7%I 833.79 13.74 34.400%, N/A Handout-Interim 4 of 7 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland Interim Increase , Compactor Service Number of Loose Recology Ashland Medford Description Customers Yds/load' Current $/Yard $ Increase %Increase Proposed $/Yard In City $/Yard 1 Yard per Load - 3.0 26.93 8.98 2.02 7.5% 28.95 9.65 30.31 10.10 2 Yard per Load - 6.0 53.86 8.98 4.04 7.5% 57.90 9.65 60.62 10.10 3 Yard per Load - 9.0 80.79 8.98 6.06 7.5% 86.85 9.65 90.93 10.10 4 Yard per Load - 12.0 107.72 8.98 8.08 7.5% 115.80 9.65 121.24 10.10 8 Yard per Load 3 24.0 400.08 16.67 30.01 7.5% 430.09 17.92 242.48 10.10 15 Yard per Load 2 45.0 322.80 7,17 24.21 7.5% 347.01 7,71 420.60 9.35 20 Yard per Load 11 60.0 398.92 6.65 29.92 7.5% 428.84 7,15 560.80 9.35 25 Yard per Load 1 75.0 475.06 6.33 35.63 7.5% 510.69 6.81 701.00 9.3S 30 Yard per Load 1 - 1 90.0 1 SS1.21 6.12 41.34 7.5% 592.55 6.S8 841.20 9.35 Assumes 3 to 1 compaction Handout- Interim `, 5 of 7 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland Interim Increase Debris Box Service Number of Loose Recology Ashland Medford Description Customers Yds/Load Current $/Yard $Increase % Increase Proposed 5/Yard In City S/Yard 7 Yard per Load 1 7.0 136.72 19.53 10.25 7.S% 146.97 21.00 N/A 10 Yard per Load 129 10.0 169.89 16.99 . 12.74 7.5% 182.63 18.26 213.28 21.33 20 Yard per Load - 20.0 N/A N/A 320.60 16.03 25 Yard per Load 84 25.0 284.73 11.39 21.35 7.5% 306.08 12.24 N/A 30 Yard per Load - 30.0 N/A N/A 427.67 14.26 40 Yard per Load 2 40,0 1 455.48 11.39 34.16 7.5% 489.64 12.24 554.87 1187 i Handout- Interim 6 of 7 12/8/2011 7:58 AM Recology Ashland Sanitary Service City of Ashland Interim Increase Medical Service Number of loose Recology Ashland Medford Description Customers Gal/load Current $/Gal S Increase %Increase Proposed S/Gal In City $/Gal 1 Gallon Medical Waste 40 1.0 15.10 2.16 1.13 7.S% 16.23 2.32 17.00 2.43 2 Gallon Medical Waste 24 2.0 22.66 2.27 1.70 7.5% 24.36 2.44 21.22 2.12 6 Gallon Medical Waste 1 6.0 52.90 2.65 3.97 7.5% 56.87 2.84 N/A 15 Gallon Medical Waste 34 1S.0 21.39 0.86 1.60 7.5% 22.99 0.92 21.27 0.85 34 Gallon Medical Waste 23 34.0 42.79 1.43 3.21 7.5% 46.00 1.53 30.64 1.02 Handout- Interim 7 of 7 - 12/8/2011 7:58 AM CITY OF ASHLAND Council Communication Update on Applicability of Ordinance Amendments in the Pedestrian Overlay, Detail Site Review Zone and Throughout the City Meeting Date: December 20, 2011 Primary Staff Contact: Bill Molnar Department: Community Devel pment E-Mail: molnarb(aaashland.or.us Secondary Dept.: None Secondary Contact: Maria Harris Approval: Larry Patterso Estimated Time: 25 minutes Question: Does the Council have questions regarding the applicability of recent ordinance amendments designed to implement ideas, proposals and recommendations evaluated as part of the Pedestrian Places Project? Staff Recommendation: Staff does not have a recommendation. The intent of this item is to provide clarification as to the extent in applicability of the recently approved amendments to the City's Land Use Ordinance. The amendments implement proposals and recommendations from the Pedestrian Places Project, with many of the changes applying citywide, as well as outside the delineated pedestrian overlay. Background: The City Council approved second reading of the ordinances amending the Zoning Map and Ashland Land Use Ordinance to implement the recommendations of the Pedestrian Places Project on November 15, 2011, and the revisions became effective on December 16, 2011. At the December 6, 2011 Council meeting, a question was raised regarding the amendments that apply throughout the City. In an effort to address the question, the attached outline groups the amendments by those that apply throughout the City, those that apply in the Pedestrian Overlay and Detail Site Review Zone and those that apply exclusively to the Pedestrian Overlay. Related City Policies: The Economy, Housing, and Transportation Elements of Ashland's Comprehensive Plan, and the Greater Bear Creek Valley Regional Plan. Council Options: The Council may take no action thereby leaving the recently adopted ordinance amendments in place, or initiate amendments to the ordinance modifying or reversing the recent ordinance revisions. . Potential Motions: Move to take no further action on this matter Move to initiate ordinance amendments that direct staff to make the following changes to Chapter 18 of the City's Land Use Ordinance. Attachments: Outline of applicability of ordinance amendments by location Page 1 of I Imo, I CITY O ■ ASHLAND Applicability of Ordinance Amendments by Location Pedestrian Places Project I. Amendments that apply to Pedestrian Overlay and throughout the entire City GENERAL REGULATIONS — 18.68 1. SECTION 18.68.050 Arterial Street Setback Requirements. Previous Standard • Required an approximately 20-foot front yard setback along arterial roads. New Standard • Requires a 20-foot yard or a setback equal to the width required to install sidewalk improvements (park row and sidewalk), whichever is less. SITE DESIGN REVIEW — 18.72 2. SECTION 18.72.090 Exception to the Site Design and Use Standards. Previous Standard • Described (4) approval criteria for allowing an exception. New Standard • Describes (4) approval criteria for allowing an exception; or • Allows and exception for proposals that "will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards." 12.20.2011 Council Meeting—Pedestrian Places Update Page 1 C OFF-STREET PARKING CHAPTER - 18.92 3. SECTION 18.92.050 Parking Management Strategies. Previous Standard • Through implementing specific strategies, allowed up to a 35% reduction in required parking; 50% in a Historic District. New Standard • Through implementing specific strategies, allows up to a 50% reduction in required parking. • Permits the City to require a study by a qualified professional to provide supporting justification for offsets in parking demand, access, circulation and other transportation impacts. 4. SECTION 18.92.050 On-Street Parking Credit. Previous Standard • Allowed one off-street parking space credit for every two on-street spaces up to four credits, thereafter one space credit for each on-street parking space. • Parallel parking = 24 feet of uninterrupted curb. • 45 degree diagonal = 13 feet of uninterrupted curb New Standard • Allows one off-street parking space credit for each one on-street parking space. • Parallel parking= 22 feet of uninterrupted curb. • 45 degree diagonal = 12 feet of uninterrupted curb. 5. SECTION 18.92.050 Alternative Vehicle Parking. New Standard Allows alternative vehicle parking facilities to be substituted for up to 25 percent of the required parking spaces on site. 1. Motorcycle or scooter parking. Permits one off-street parking space credit for four motorcycle or scooter parking spaces. 12.20.2011 Council Meeting—Pedestrian Places Update Page 2 2. Bicycle parking. Permits one off-street parking space credit for five additional, non- required bicycle parking spaces. 6. SECTION 18.92.050 Shared Parking. New Standard Allows one off-street parking space credit for every space constructed in designated off- site shared parking areas, or payment of in-lieu-of-parking fees for a common parking. 7. SECTION 18.92.050 TDM Plan Credit. New Standard Allows implementation of an individual Transportation Demand Management (TDM) plan that demonstrates a reduction of long term parking demand by a percentage equal to the credit requested. 8. SECTION 18.92.050 Transit Facilities Credit. New Standard States that projects that require at least 20 spaces and abut a street with transit service are eligible for a 10% reduction in parking through meeting the following standards: 1. Construct a pedestrian and transit supportive plaza 2. Transit service shall have a minimum of 30-minute peak period transit service frequency. 3. Existing parking areas may be converted to take advantage of.these provisions. 4. The plaza must be adjacent to and visible from the transit street. . 5. The plaza must be at least 300 square feet in area The plaza must include all of the following elements: a. A plaza that is open to the public. b. A bench or other sitting area C. A shelter or other weather protection. 9. SECTION 18.92.080 Addressing Environmental and Microclimatic Impacts of Surface Parking New Standard (currently applies to Croman Mill zone) Requires that parking areas of more than seven parking spaces meet the following standards: a. Use at least one of the following strategies for the surface parking area, or put 50% of parking underground. i Use light colored paving materials with a high solar reflectance (Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50% of the parking area surface. 12.20.2011 Council Meeting—Pedestrian Places Update Page 3 ii. Provide porous solid surfacing or an open grid pavement system that is at least 50% pervious for a minimum of 50% of the parking area surface. iii. Provide at least 50% shade from tree canopy over the parking area surface within five years of project occupancy. iv. Provide at least 50% shade from solar energy generating carports, canopies or trellis structures over the parking area surface. b. Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. 10. SECTION 18.92.080 Site Circulation New Standard Requires that new development provides a circulation system that accommodates expected traffic on the site, with street-like features such as sidewalks, accessible curb ramps, trees and pedestrian scale lighting. 11. SECTION 18.92.090 Pedestrian Access and Circulation (new section) New Standards A. Requires projects to design a walkway system through the project that addresses the following: 1. The walkway system shall extend throughout the site and connect to all future phases of development. 2. The walkway shall be safe, direct, and convenient with connections between primary building entrances and all adjacent streets. 3. Walkways within developments including multiple buildings shall be include connections between building entrances, and provide walkway connections between parking area and recreational facilities and other common areas. 4. Install protected raised walkways large parking area (>50 spaces) B. Sets standards for Walkway Design and Construction, which address the following: 1. Vehicle/Walkway Separation. 2. Crosswalks. 3. Walkway Surface and Width. 4. Accessible routes. 5. Pedestrian Scale Lighting 12.20.2011 Council Meeting—Pedestrian Places Update ' . Page 4 II. Amendments that apply to Pedestrian Overlay and Detail Site Review Zone (Commercial & Employment zoned land adjacent to major streets) 1. Minimum Floor Area Ratio (II-C-2 DETAIL SITE REVIEW STANDARDS) Previous Standard • Minimum .35 FAR; Maximum FAR .5 New Standard • Minimum .5 FAR; No Maximum FAR. F( AR). In addition, an allowance is added for a shadow plan to phase in FAR requirement for projects including existing buildings or greater than 1/2 acre. 2. Building Setback from Sidewalk (II-C-2 DETAIL SITE REVIEW STANDARDS ) Previous Standard • A building setback of no more than 20 feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas. New Standard • A building setback of no more than 5 feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. 3. Landscape Buffer (11-C-2 DETAIL SITE REVIEW STANDARDS) Previous Standard • A 10-foot wide buffer required between buildings and the street, except in the Ashland Historic District. New Standard • A 10-foot wide buffer required between buildings and the street, except in the Ashland Historic District and Detail Site Review Zone. 12.20.2011 Council Meeting—Pedestrian Places Update Page 5 III. Amendments that apply to Pedestrian Overlay (exclusively) 1. SECTION 18.18.56.040 Special Permitted Uses New Standard Commercial uses such as professional offices, stores and restaurants up to 2,500 square feet permitted in 'residential zones in Pedestrian Overlay if minimum housing density requirements are met. 2. SECTION 18.56.040 Solar Setback Previous Standard • New buildings and additions required to meet the solar access setback which limits the height of the shadow permitted at the north property line, and thereby limits the height of the building. New Standard • The solar access setback applies only to those new buildings and additions which have residential zones located to the north. 3. SECTION 18.56.040 Plazas and Landscaping Ratio New Standard Outdoor seating areas, plazas and other useable paved surfaces may count for up to 50% of the required landscape area. 12.20.2011 Council Meeting=Pedestrian Places Update Page 6 ca O3 V/ r Ynlm`an Ci.RE, c Walker Ava. ,_._. _ F W 1 v i r/ I �a ya I S Map pj r % 9 �3 ii - , 1 z Q i' O O y� 1iolman.Cr.'Rtl ol N N N ' o a •I '� Walker Ave. Im W I t Is 4eo yr, 9 � �c r ' Z f { CITY OF ASHLAND Council Communication Electric Vehicle Charging Unit Installations Meeting Date: December 20, 20 1 Primary Staff Contact: Lee Tuneberg Department: Electric E-Mail: tuneberl @ashland.or.us Secondary Dept.: Finance Secondary Contact: None Approval: Larry Patters Estimated Time: ]0 Minutes Question: Will Council authorize the City Administrator to finalize and sign the Charging Site Host Agreement with ECOtality North America to participate in a pilot project for the installation and use of Electric Vehicle (EV) Charging units in two City owned parking facilities in the downtown area? Staff Recommendation: Staff recommends finalizing and executing the Charging Site Host Agreement with ECOtality North America to participate in a pilot project for the installation and use of EV charging units in downtown Ashland. Background: At the December 6, 2011 Council meeting, Council asked that this item be brought back for further public discussion.- ECOtality North America was the recipient of a 2009 US Department of Energy Grant to deploy over 14,000 EV charging units in six states and the District of Columbia. Oregon was one of the six states selected to participate what is now called The EV Project. The stated purpose and goal of The EV Project is "to collect and analyze data to characterize vehicle use in diverse topographic and climatic conditions, evaluate the-effectiveness of charge infrastructure and conduct trials of various revenue systems for commercial and public charge infrastructures". Site Selection City Staff developed an initial list of potential EV Charging sites and created criteria to rank the sites, such as access to power, visual exposure, pedestrian/charging unit conflicts, anticipated user profile, existing parking demand, parking time limits, adjacent uses, etc. Additionally, because the downtown district is a National Register Historic District, consideration was given to compatibility and potential overexposure of the units. After Staff site visits and discussions with ECOtality site selection staff, two locations stood out as excellent candidates for EV Charging installation. 1) Lithia/Pioneer Lot - Two pedestal style units 2) Hargadine Parking Structure (lower level)—Two wall mount units Both sites provide excellent access to existing power, adjacency to existing ADA parking, no pedestrian access conflict, visible but not overly prominent, compatible with existing parking time limits and in locations that match the anticipated user profile. Page I of 4 CITY OF ASHLAND EV Charging Unit Specifications The proposed charging units are defined as Level 2 units, which can complete a vehicle charge in an estimated two to four hours. It is anticipated that one EV parking space will be dedicated per unit, although the cord length of each unit allows it to reach two parking spaces, providing future expansion should demand rise. Anticipated User Profile City Staff and ECOtality developed an anticipated user profile to assist in the site selection and to forecast usage. Residents who purchase electric vehicles are likely to use home charging systems and are less likely to need daytime charging for local driving. However, with the rapid installation of level three (fast charge) chargers along the California, Oregon and Washington 1-5 corridor, an increasing number of Ashland's tourist population are likely users, at least in the near term until commercial chargers are more common in the lodging and restaurant industries. Additionally, local and regional tourists are likely candidates for utilization as many "day trips" to Ashland exceed the round trip charge capability of the majority of the electric vehicles currently available. Cost In exchange for participation in the EV Project, ECOtality provides site hosts with free charging equipment and a"construction allowance" on the installation costs associated with bringing power to the charging site locations. It is anticipated that the City portion of the total project cost will be less than $2,000 to upgrade the existing transformer in the Lithia/Pioneer lot. Similarly to public pay phone arrangements, revenue earned from EV charging is shared between the host and ECOtality and will offset a portion of the upgrade cost. Retail Pricing As noted, an element of the US DOE grant is to conduct trials of various revenue systems over the course of the EV Project. Accordingly, the pricing model implemented by ECOtality is not known at this time and may change over the course of the hosting agreement timeline. ECOtality offers access to their EV charging infrastructure in two ways: 1) Membership in their network of EV chargers around the nation called the Blink Network. This provides the customer with a fixed price for unlimited charge time at any EV charger in the Blink Network, as well as a variety of custom features for home chargers and data regarding location, use and availability of public chargers. 2) Standard point of sale transaction using either a credit card or mobile phone. Agreement Duration The Hosting Agreement is valid for the duration of the EV Project, which is scheduled to be in place through April 30, 2013. At the conclusion of the EV Project, the City has the following options: 1) Assume ownership and retain EV charging equipment at no additional cost and negotiate replacement agreement for future ECOtality/Blink Network services Page 2 of 4 �A, CITY OF ASHLAND 2) Assume ownership and retain EV charging equipment at no additional cost but sever relationship with ECOtality/Blink Network and develop/select software to fill charging service needs for future use independent of ECOtality/Blink Network 3) Request ECOtality to remove equipment (at their cost) from the host site and evaluate future City involvement of providing public EV charging infrastructure It is likely that any of the three options would result in the issuance of a request for proposals to provide other vendors with the opportunity to submit proposals for EV charging infrastructure and services and provides the City with the benefit of reviewing all technologies and services available several years into this emerging market, as well as a better understanding of the local demand for public EV charging infrastructure. Benefits of Participation Participation in The EV Project provides the City with the opportunity to benefit from data collection and analysis regarding this new and rapidly changing industry at nearly no cost to the Community. This data will be used to influence future electric vehicle policy at the State and Federal level and will also assist Ashland locally in determining whether publicly owned EV charging infrastructure is appropriate, necessary or desirable. Data analysis will also provide the Ashland Electric Utility with the ability to understand and forecast the potential short and long term effects of the emergence of electrically powered vehicles on the electrical distribution system, including customer charging habits/trends that affect peak demand (load shaping). There are also yet undefined economic benefits to the community as electric vehicle drivers may search out and target destinations where EV charging is available. Length of stay may also increase due to the charge time. Additionally, regardless of decisions made at the end of The EV Project, both parking sites would be left with electrical services stubbed out to the parking spaces that could be used for many different EV charging systems if desired. Drawbacks of Participation Because the demand for public EV charging infrastructure is not yet known, the installation of the charging units, accompanied by EV Parking Only signage, restricts several parking spaces from the existing downtown inventory that may result in very low occupancy rates of those spaces as the demand slowly rises. If, at the end of The EV Project, it is determined that the relationship with ECOtality does not benefit the community, those users that have become accustomed to their existence and availability will need to find different EV charging solutions. Related City Policies: Ashland Comp Plan 11.09.10 Policy 6— Electrical Load Control and Shaping Page 3 of 4 11RAFKA CITY OF ASHLAND Council Options: 1) Approve staff's recommendation authorizing the Interim City Administrator or his designee to sign the Charging Site Host Agreement with ECOtality North America 2) Remove the item from the consent agenda for questions of Staff and Council discussion. Potential Motions: 1 move to authorize the Interim City Administrator or his designee to finalize and sign the Charging Site Host Agreement with ECOtality North America including the installation of 2 charging units in Ashland as presented. Attachments: Charging Site Host Agreement Site Map— EV Charging Unit locations EV Charging Unit Specifications Page 4 of 4 AT/ Project ' Dtality NONTN AMERICA Charging Site Host Agreement This Charging Site Host Agreement ("Agreement") is effective as of the date the last party signs this Agreement ("Effective Date") between: ECOtality: Electric Transportation.Engineering Corporation, dba ECOtality North America (hereinafter referred to as "ECOtality") 430 South 2nd Avenue Phoenix, AZ 85003=2418 -and- Charging Site Host Name: Address: City, State, Zip Code Contact Name: Phone(s): Email: EVSE _ O WE-30Kic O PE-30Kic Project Site Address: City, State, Zip: County: Electrical Utility: Please use Chart on Attachment A to list multiple locations and denote any known special instructions. ECOtality and the Charging Site Host (either individually "Party" or collectively "Parties") agree as follows: 1. Term of Agreement This Agreement shall commence on the Effective Date and shall continue through the end of the EV Project, which is currently scheduled for April 30, 2013 (the "Term"). This Agreement may be terminated early in accordance with the Termination section of this Agreement. 2. Terms and Definitions The definitions for the following terms which are used throughout this Agreement are as follows: Blink Network ECOtality EVSE Network EVSE Electric Vehicle Supply Equipment EV Project US Department of Energy project funded through the American Recovery and Reinvestment Act Media Content Video, audio, or print messages, information or advertising displayed on the EVSE, including commercial advertising, graphic wraps, labeling, EV Project Charging Site Host Agreement Revd Date:8.12.11 Page 1 of 10 banner advertisements, and movie clips Periodic Reports Electronic reports provided to EV Project Charging Site Host regarding utilization of charging stations at a frequency more than once Project Participants EV owners enrolled as part of the EV Project Project Site Location where the EVSE will be used 3. ECOtality Goods and Services In consideration of Charging Site Host's participation in the EV Project and for allowing the collection of the Data, as described below, ECOtality agrees to provide the following goods and services: 1. Provide (Insert Quantity) Level II (240 VAC) EVSE(s) for public use 2. Installation of the EVSE at the Project Sites(s) identified above by ECOtality-qualified and licensed contractors in accordance with local codes, permitting and inspection requirements 3. All direct costs associated with the delivery, installation and initial setup of the EVSE at the designated Project Site(s). Should Installation costs exceed $2,250 for a Pedestal EVSE or $1,500 for Wall Mount EVSE, the difference in costs will be the responsibility of the Charging Site Host 4. Periodic reports on the public utilization of the EVSE 5. Revenue sharing with Charging Site Host 6. Ongoing maintenance of the EVSE, for the Term of the Agreement 4. EVSE Data Charging Site Host acknowledges that The United States Department of Energy (DOE) has provided funding for the EV Project through the American Recovery and Reinvestment Act (ARRA) to accelerate the development and production of electric vehicles (EVs) in order to reduce petroleum consumption. In consideration of the Goods and Services provided, and as part of this project, Charging Site Host acknowledges and agrees to allow ECOtality commercially reasonable access to the Equipment at the Project Site and existing sources of electrical energy in order for ECOtality to collect and transmit EVSE Data regarding public use of the EVSE during the Term of this Agreement. S. EVSE/Access Revenue Charging Site host acknowledges that ECOtality is providing the initial EVSE as part of a no cost, or reduced-cost, infrastructure pilot program. When revenues are associated with the EVSE access, ECOtality shall share revenues in accordance with a Revenue Sharing Program with the Charging Site Host. 6. Media Content The Parties acknowledge and agree that ECOtality shall have control over the solicitation, contracting, and distribution of any and all Media Content, including but not limited to, any Media Content data transmitted to or from the EVSE and displayed using the EVSE. The Parties will work together in a good faith effort to resolve any objections that the Charging Site Host may have with the subject matter, time of display, and format of Media Content. ECOtality will take reasonable efforts to avoid distributing Media Content that conflicts with Charging Site Host media and advertising at a particular Project Site. ECOtality shall remove conflicting Media Content within a reasonable period of time upon written notification by Charging Site Host. EV Project Charging Site Host Agreement Revd Dote:B.12.11 Page 2 of 10 Charging Site Host, and Charging Site Host partners and related parties, shall be provided the opportunity to purchase advertising on the Blink Network at other sites. Commercial Site Host shall elect one of the following media options, by checking the box next to it: (If Commercial Site Host does not elect any of the options, ECOtality shall use the default, Co- Advertising.) Co-Advertising: ECOtality will run an advertising loop comprised of advertisements. The Charging Site Host will be entitled to have up to three (3) free static ads on the advertising loop per month. There is no revenue component available to the host. �! Advertising Revenue Partner: ECOtality will run an advertising loop of ads. The Charging Site Host shall share in the ad revenue for up to eight percent (8%) of the monthly revenue for the first fourteen (14) months. After the first fourteen (14) months, the revenue share shall be five percent (5%), up to One Hundred, Fifty Dollars ($150.00) per month. Non-Advertising: The Charging Site Host shall have no media played at their location and ECOtality will allow the host to restrict ads with the exception of ECOtality and EV Project related ads, and host will pay fifty dollars ($50.00) per EVSE, per month. Self-Managed Advertising: Ads shall be'controlled by the Charging Site Host. The Charging Site Host shall be allowed to run four (4) ads per month, for fifty dollars ($50.00) per EVSE, per month. Should the Charging Site Host wish to expand the number of ads beyond the four (4) ads, and up to 1S, they may do so at an additional rate of $150.00 per EVSE, per month. 7. Charging Site Host's Representations and Warranties Charging Site Host covenants to ECOtality that the Charging Site Host: a) Will allow ECOtality reasonable access to the EVSE in order for ECOtality to collect, use and distribute the data to ECOtality and EV Project partners and participants; b) Will cooperate with ECOtality or its licensee/subcontractors in the collection and transmission of data from Charge Site Host to EV Project Participants including, where possible, access to Charging Site Host's internet service; c) Will participate in ECOtality surveys and provide timely response to ECOtality requests for information from Charging Site Host; d) Will provide and maintain supply of electric power to the EVSE; e) Will provide periodic inspection and routine exterior cleaning maintenance; f) Will allow ECOtality to provide Charging Site Host's contact information to their electric utility company to facilitate electrical installation; g) Will allow ECOtality to display advertising on the touch screen in accordance with Section 6, Media Content, above; h) Will not knowingly allow the EVSE to be maintained, opened, modified, or repaired by anyone other than ECOtality or its licensed contractors; i) Will not transfer, assign, encumber or pledge the EVSE; j) Assumes all responsibility in obtaining approvals by property owners, landlords, corporate offices, etc; and assist ECOtality with the execution of EVSE installation and EVSE siting contracts; EV Project Charging Site Host Agreement Rev'd Date:8.12.11 Page 3 of 10 k) Will use commercially reasonable efforts, but no less than the same standard of care used to secure their own property, to prevent damage and vandalism to the EVSE; 1) Will not modify, reverse engineer, disassemble on the whole or any part of the EVSE or any part thereof in any manner; m) Will not uninstall the EVSE; and n) Will allow ECOtaIity-approved contractors reasonable access to the Project Site for installation, maintenance, repair, replacement and approved de-installation of the EVSE. S. Ownership 8.1. Title to and ownership of the EVSE will be retained by ECOtality through the Term of this Agreement. The software associated with and that operates the EVSE is exclusively owned by ECOtality. All of the information, content, services and software displayed on, transmitted through, or used in connection with the use and operation of the EVSE, including, but not limited to advertising, text, photographs, images, illustrations, video, html, source and object code, software, data, Internet account access, and the like (collectively, the "Content") is owned by ECOtality and its affiliates, licensors, or suppliers. The "Content" is protected by copyright, trademark, and other intellectual property laws of the United States of America. 8.2. Upon the expiration of the Term, Charging Site Host shall elect (in its sole and absolute discretion) in writing to ECOtality whether Charging Site Host desires to retain the EVSE at the Project Site. In the event that Charging Site host elects to retain the EVSE installed at the Project Site, Charging Site Host shall there by possess all rights, title, and interest in and to the EVSE at no additional cost. If Charging Site Host elects not to retain the EVSE at the Project Site, ECOtality shall remove (at its sole cost and expense) any or all of the EVSE installed at the Project Site, which includes restoring the Project Site to a safe and reasonable condition, but does not include the responsibility to restore the site to the same condition as prior to the installation of the EVSE. In any event, the Charging Site Host will provide written election at least thirty (30) days prior to the expiration of the Term. In the event that the Charging Site Host fails to deliver such written notice within such thirty (30) day period, Charging Site Host shall be deemed to have elected to retain the EVSE at the Project Site. Should the Charging Site Host elect to continue ECOtality Blink Network and EVSE support, following the Term or earlier termination thereof, such additional services shall be subject to a new written agreement to be entered into between the Parties. 8.3. During the term of this Agreement, ECOtality grants to the Charging Site Host a non- exclusive and non-transferable license, to use such software in the form in which it is embedded in the EVSE on the delivery date for use in conjunction with other parts of the EVSE on the condition that the EVSE shall be used for its intended purpose only. Nothing contained in this Section shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in such software, all of which rights are owned by the ECOtality. 9. Confidential Information 9.1. All nonpublic information that ECOtality provides to Charging Site Host or that Charging Site Host acquires from any source in connection with this Agreement shall be deemed to be ECOtality's confidential information ("Confidential Information") unless and until ECOtality specifically authorizes Charging Site Host in writing to treat the information as public. Confidential Information includes: (a) any reports, specifications, know-how, strategies or technical data, processes, business documents or information, market research or other data, customer or client lists, and all other information concerning the business and affairs of ECOtality that are owned, used, or possessed by or for the benefit of ECOtality; (b) ECOtality intellectual property; and (c) all confidential information or materials obtained by Charging Site Host from a third party in connection with performance of the Services, unless and until ECOtality specifically EV Project Charging Site Host Agreement Rev'd Date:8.12.11 Page 4 of 10 authorizes Charging Site Host in writing to treat the information as non-confidential. Confidential Information does not include: (i) information in the public domain through no fault or breach of this Agreement by Charging Site Host; (ii) information previously and lawfully known by Charging Site Host prior to disclosure by ECOtality; (iii) information rightfully learned from a third party not under restriction of disclosure as evidenced by Charging Site Host's written records or (iv) information that is independently developed or acquired by Charging Site Host without reliance on any of ECOtality's Confidential Information. Charging Site Host shall not publish, release, disclose, or announce to any member of the public, press, official body, or other third party any Confidential Information, or use any of it for Charging Site Host's own purposes or for the purposes of a third party, without the prior written consent of ECOtality (which may be withheld by ECOtality in its sole discretion), except disclosures required by law. 9.2 Charging Site Host shall not make copies, reproductions, abstracts or excerpts of the Confidential Information in whole or in part, except as necessary to perform the Services. All copies, reproductions, excerpts or abstracts are deemed to be Confidential Information to the same extent as any originals. Upon termination of business relations between the Parties, Charging Site Host agrees to return to-ECOtality all written or other physical embodiments of the Confidential Information. 9.3 If Charging Site Host receives any subpoena or court order .requiring disclosure of Confidential Information or otherwise believes in good faith that a disclosure of Confidential Information is required by law, Charging Site Host shall immediately notify ECOtality. Charging Site Host shall, at ECOtality's direction, cooperate fully with ECOtality in challenging any subpoena or court order requiring the disclosure of Confidential Information. If required by ECOtality, Charging Site Host shall require each person or entity to which Confidential Information is provided to execute a certification that the person or entity understands the limitations on disclosure and use and will maintain the confidentiality of the Confidential Information and not use it other than as contemplated by this Agreement. Unless the Parties agree otherwise, the confidentiality and other obligations imposed by this Section shall survive for a period of three years after termination or expiration of this Agreement pertaining to the Confidential Information. 10. Use of Mark/Advertising Charging Site Host is hereby granted a non-exclusive, royalty-free license to use during the term of this Agreement, the trademarks, service marks, and trade names used by ECOtality in connection with the EVSE, provided, however, that Charging Site Host shall submit any materials using the ECOtality trademarks, service marks, and trade names for prior written approval by ECOtality. While such marks and names may be modified by ECOtality during the term of this Agreement, Charging Site Host agrees that it will not modify the marks or names in any way without the express written permission of ECOtality. Further, the permission to use the ECOtality marks and names is expressly limited to uses necessary to the performance of Charging Site Host's obligations under this Agreement, and Charging Site Host hereby admits and recognizes that ECOtality or its parent company is the exclusive owner of such marks and names, as well as the renown of the marks and names of ECOtality, and their affiliates throughout the world. Charging Site Host agrees not to take any action inconsistent with ECOtality's exclusive ownership of such marks and names. 11.Termination of this Agreement 11.1 Without Cause: This Agreement may be terminated by ECOtality in writing to the Charging Site Host, without cause, at any time and for any reason, including the termination of the EV Project or a reduction in EV Project funding, whereupon the Parties shall be fully released from their respective duties, rights, obligations and liabilities under this Agreement except as provided below. EV Project Charging Site Host Agreement Revd Date:8.12.11 Page 5 of 10 11.2 For Cause: This Agreement may be terminated in writing by either party for cause if either party violates any term of this Agreement and fails to cure the same within ten (10) days of receiving written notice of such default. Upon such termination of this Agreement for cause, as its sole and exclusive remedy, ECOtality shall have the right, but not the obligation, to disable or remove (at its sole cost and expense) any or all of the EVSE installed at the Location and terminate services to Charging Site Host's. Removal of EVSE includes site restoration to a safe and reasonable condition, but does not include the responsibility to restore the site to the same condition as prior to the installation of the EVSE. In the event that ECOtality does not elect to remove the EVSE within thirty (30) days following such termination, the EVSE shall be deemed abandoned by ECOtality and Charging Site Host shall possess all rights, title, and interest in and to the same. 12.EVSE Maintenance Should. the EVSE require maintenance during the Term, Charging Site Host must immediately call the toll-free number listed on the EVSE and report the maintenance requirement to ECOtality. ECOtality will repair or replace, at ECOtality's option, the EVSE or part(s) or component(s) thereof. ECOtality will repair or replace the EVSE at no cost to the Charging Site Host. ECOtality will not be responsible for EVSE damage or failure resulting from Charging Site Host misuse, alteration, accident or repairs/maintenance not performed by ECOtality or its authorized representatives. Repair or replacement of the EVSE for any of these causes shall be at the cost of the Charging Site Host. ECOtality shall have no responsibility for the EVSE, and makes no warranties with respect thereto, following the Term or early termination of this Agreement. 13.Insurance Through the term of this Agreement, the EVSE is insured by ECOtality under its general liability insurance policy. Additionally, ECOtality shall maintain commercial general liability insurance of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage related to operation of the EVSE. 14.Governing Law This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, without reference to its conflict of law rules. Each of the party's consents to the exclusive venue and personal jurisdiction of the courts located in Maricopa County, Arizona. 15.Dispute Resolution Except where necessary to seek injunctive relief to prevent or enjoin loss or harm to Intellectual Property or Confidential Information, any dispute arising out of or relating to this Agreement shall be subject to mandatory confidential mediation for a period of up to thirty days, unless extended mutually by the Parties, by a neutral third party mediator acceptable to both Parties. Any dispute not resolved by such mediation, arising out of or relating to this Agreement shall be subject to final and binding arbitration under the then-current Commercial Arbitration Rules of the American Arbitration Association; provided that the arbitrator(s) shall be neutral and shall be chosen from a panel of arbitrators knowledgeable in the business of microelectronics or electronics manufacturing. The arbitration shall be held in Phoenix, Arizona, unless otherwise mutually agreed by the Parties. The arbitrator(s) shall not have the power to award punitive or exemplary damages, or any damages which are disclaimed or waived in this Agreement. The decision and award of the arbitrator(s) shall be final and binding, and the award so rendered may be entered in any court having jurisdiction thereof. Where it is necessary for a Party to seek injunctive relief to prevent or enjoin immediate and irreparable loss or harm to Intellectual Property or Confidential Information, ECOtality and Charging Site Host hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Arizona or the United States District Court for the District of Arizona and all courts competent to EV Project Charging Site Host Agreement Revd Date:8.12.11 Page 6 of 10 hear any appeal therefrom. Nothing contained herein shall be deemed to waive arbitration for any claim other than injunctive relief to the sole extent described herein. 16.Indemnification Each Party ("Indemnifying Party") shall defend, indemnify and hold the other Party and its Affiliates, and any and all of its and their respective officers, directors, shareholders, employees, agents and representatives, and any and all of its and their assigns, successors, heirs, and legal representatives, harmless from and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) incurred by the other Party arising directly or indirectly out of a breach of any representation, warranty or covenant of the Indemnifying Party hereunder. The Indemnifying Party shall defend the Party at the Party's request, against any such liability, claim, or demand. The Party agrees to promptly notify the Indemnifying Party of any written claim or demands against the Party for which the Indemnifying Party is responsible hereunder. 17.1-IMITATION OF LIABILITY EXCEPT FOR THE WARRANTIES STATED HEREIN FOR THE CHARGING SITE HOST, NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESSED, IMPLIED, ORAL OR STATUTORY, IS PROVIDED TO THE CHARGING SITE HOST OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) THAT THE PRODUCTS WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; OR (C) THAT THE OPERATION OF ANY SOFTWARE SUPPLIED WILL BE UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE CHARGING SITE HOST'S SOLE AND EXCLUSIVE REMEDIES HEREUNDER AND THE ONLY LIABILITY OF ECOTALITY IS EXPRESSLY LIMITED TO THE TERMS OF THE AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY, FOR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION, LITIGATION COSTS, LOSS OF DATA, PRODUCTION OR PROFIT ARISING FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FOR PURPOSES OF THIS PROVISION, THE PARTY INCLUDES-THE PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUBCONTRACTORS AND SUPPLIERS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CLAIMS FOR DAMAGES BY EITHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY'S INSURANCE POLICIES. 18.Notices All notices given under this Agreement (each, a "Notice") shall be in writing and delivered to the notice addresses of the parties as applicable, by one or more of the following methods, (i) given by certified mail, postage prepaid, return receipt requested, and is deemed given on the third (3rd) business day after the date of posting in a United States Post Office, (ii) given by a nationally recognized overnight courier and is deemed given one day after delivery to the overnight courier, or (iii) given by personal delivery and is deemed given upon receipt by the notified party. At any time, either party may designate in writing to the other party a different notice address. EV Project Charging Site Host Agreement Rev'd Date:8.12.11. Page 7 of 10 19.Changes This Agreement cannot be modified or amended except by a written instrument signed by the Parties. 20.Waiver No waiver by either Party of any breach, default or violation of any term, warranty, representation, . agreement, covenant, condition or provision of this Agreement will constitute a waiver of any subsequent breach, default or violation of the same or other term, warranty, representation, agreement, covenant, condition or provision of this Agreement. 21.Assignment This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors, and permitted assigns. This Agreement may be assigned by either party only with the prior written consent of the non-assigning party, which consent shall not be unreasonably withheld or delayed, except the rights and obligations of either party may be assigned to another entity in connection with reorganization, merger, consolidation, acquisition, divestiture, or other restructuring. Any assignment which does not satisfy the requirement of the preceding sentence shall be null and void. 22.Survival Of Obligations And Liabilities Termination of this Agreement shall not relieve either party of any obligation under this Agreement which expressly or by implication survives termination of this Agreement including its obligations under the following section headings: Insurance, Indemnification, Limitation of Liability, Confidential Information, Governing Law, and Dispute Resolution. The invalidity, illegality or unenforceability of any one or more provisions of this Agreement will not affect or impair the validity, legality or enforceability of the remaining provisions, which will remain in full force and effect. 23.Entire Agreement, Relationship This Agreement contains the entire agreement and understanding between the parties relative to the subject matter herein, and supersedes any prior agreements and understandings between the parties relating to such subject matter, whether verbal or written. This Agreement may be executed in one or more counterparts each of which shall be deemed an original, but all of which shall constitute one and the same document. The parties agree that signatures transmitted by facsimile or e-mail (electronically scanned) shall be binding as if they were original signatures. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. Electric Transportation EV Project Charging Site Host Engineering Corporation dba ECOtality North America By: By: Name: Name: Title: Title: Date: Date: EV Project Charging Site Host Agreement Rev'd Date:8.12.11 Page 8 of 10 ATTACHMENT A Additional Installation Addresses (If Applicable) EVSE (_) WE-3OKic (_) PE-3O1(ic Installation Address: City, State, Zip: County: Electrical Utility: EVSE (_) WE-3OKic (_) PE-3OKic Installation Address: City, State, Zip: County: Electrical Utility: EVSE (_) WE-3OKic (_) PE-3OKic Installation Address: City, State, Zip: County: Electrical Utility: EVSE (_) WE-3O1(ic (_) PE-3OKic Installation Address: City, State, Zip: County: Electrical Utility: Special Instructions (If Applicable) EV Project Charging Site Host Agreement Rev'd Dote:8.12.11 Page 9 of 10 ATTACHMENT B EV Project Charging Site Host Agreement Rev'd Date:8.12.11 Page 10 of 10 . , s�1O - oil ,, . .. � �; , � _ � � , ; ; _ _ �_. _; , , �; �. �� ,. , ; - � _ � �� -, - -; ; - - ; ' % J i�; ill' �� . � i i i i � `O _ � f � `� �� Q - ii I �i i m:�nx� i i � � —�� i i � � i i � � i i i i ; i � i i _ � 1 / ��` 1 �� e� -: . � -�- --� ,, �:;. ��;, 1 ,, ., ,;;. ;, � , �� i �j�, T / ��,� UU7 y /i i �'1iUO i YY**++ � �� , i �� `, � '' '__ ____ ___ i i � S�:RI ' - ______ __ _ ' �� . �' .��. .\\ � � �. �� ``�` —_ �` �,` ` � _ •� . 1 �� ry `�'?T T '' � ty�'4 � p��ii �� /� Simply smarter. b1hok Level 2 Pedestal EVSE Simply Smart Pedestal Design Electric Vehicle Supply Equipment (EVSE) provides convenient means to charge electric vehicles. Level 2 charging (240 volt AC input) is the primary and preferred method for charging in residential and public locations. The ECOtality design provides intelligent, user-friendly features to easily and safely charge electric vehicles WO Benefits of ECOtality's Unique Binary Design • Dramatic, timeless, stylish appearance ' • Ease of installation • Specified advertising_spoce on pedestal • Convenient cable management for long reach and storage ' } between uses • Connector holster for protection and storage • Intuitive connector clacking • Selective height design for convenient compliance with ADA requirements t, • 360° beacon light for easy wayfinding J1772 Standar&EV Connector The SAE J1772 is the standard for electric vehicle charging in the United States. • Ergonomic design • Prevents accidental disconnection • Grounded pole- first to make contact, last to break contact • Designed for over 10,000 cycles • Can withstand being driven over by a vehicle • Safe in wet or dry use Energy Meter • Internal meter to monitor energy and demand usage • Supports energy usage data evoluation • Supports electric utility EV billing when certified to ANSI 12.20 and IEC standards Touch Screen • Convenient, user-friendly touch screen display • Charge status and statistics • Find charging stations • Status messages delivered to user's smart phone Learn more at BlinkNetwork,com or ECOtalityNA.com ) I i Proven technology and reliable safety 0 0tality Features Additional Features • Charge circuit interruption device (CCID) with automatic test • Smart Phone Applications for status • Ground monitoring circuit charges,and notification of completion • Nuisance-tripping avoidance and auto re-closure or interruption of charge • Cold load pickup (randomized auto-restart following power outage) • Controllable output to support utility • Certified energy and demand metering demand response requests • Wireless IEEE 802.11 g • Revenue systems support • LAN capable • Multiple input current settings to • ZigBee SEP 1.0 capable conveniently accommodate electric • AMI interface capable service capabilities _ • Web-based bidirectional data flow • Communication systems, multiple modes • Cord management system of communications including wireless, cellular, LAN and Zigbee ECCltality's Blink Level 2 Electric Vehicle Supply Safety Equipment (EVSE) Specifications • Interlocks with EV drive system so EV Input Voltage 208 VAC to 240 VAC +/- 10% cannot drive when connector is inserted in vehicle inlet Input Phase Single • De-energizes EVSE if connector and Frequency 50/60 Hz cable are subjected to strain Input Current 30 Amps (maximum); 12A, 16A, 24A available • Charge current interrupting device Breaker Size 40 Amps; settings at 15A/20A/30A available (CCID) with automatic test feature for personal protection Output Voltage 208 VAC-240 VAC +/- 10% • Connector parts are de-energized until Output Phase Single latched in vehicle inlet Pilot SAE J1'772-compliant • .Meets all National Electric Code Connector/Cable SAE J1772-compliant; UL-rated at 30A maximum requirements Cable Length 18 feet (estimated) Exterior Dimensions Pedestal: 66" H x 20" W x 17" D Standards and Certifications Temperature Rating =22°F 1-30°C) to +122°F (+50°C) • SAE J 1772 compliant Enclosure NEMA Type 3R; sun-and-heat-resistant • NEC article 625 electric vehicle charging system Simply smarter. bl 'n* k Level 2 Wall Mount Charger Simply Smart Wall Mount Design y I11 Electric Vehicle Supply Equipment (EVSE) provides the transfer of electrical energy from the utility to the vehicle. Level 2 charging i )240 volt AC input) is the primary and preferred method for charging vehicles in residential and commercial facilities. The F" ECOtality design provides intelligent user-friendly features to easily and safely charge electric vehicles. Benefits of ECOtality's Unique Binary Wall Mount Design • Simplifies the installation process '=ei • Convenient configuration for a wide variety of physical layouts • Easy to use, ADA compliant • Convenient cable management for long reach and storage m•'' between uses • Connector holster for protection and storage • Intuitive connector docking _ AIR J1772 Standard EV Connector The SAE J1772 is the standard for electric vehicle charging in the United States. • Ergonomic design • Prevents accidental disconnection • Grounded pole- first to make contact, last to break contact • Designed for over 10,000 cycles • Can withstand being driven over by a vehicle • Safe in wet or dry use — +� Touch Screen • Convenient, user-friendly touch screen display • Charge status • Charge statistics and history • Easily programmable start/stop timing allows coordination with electric utility on/off peak time of use rates • Find charging stations away from home- Not part of the EVSE UI Energy Meter • Internal meter to monitor energy and demand usage • Supports energy usage data evaluation • Supports electric utility EV billing when certified to ANSI 12.20 and IEC standards • Tamper-evident seal placed in highly visible location Learn more at Blink Network.corn or ECOtalityNA.com t 1 it r balk, m i6. I ' I fi Proven technology and reliable safety Q 0tality Features Additional Features • Charge circuit interruption device (CCID) with automatic test . Smart Phone Applications for status • Ground monitoring circuit charges and notification of completion • Nuisance-tripping avoidance and auto re-closure or interruption of charge • Cold load pickup (randomized auto-restart following power outage) • Controllable output to support utility • Certified energy and demand metering demand response requests • Wireless IEEE 802.1 lg • Multiple input current settings to • LAN-capable conveniently-accommodate electric AMI interface capable service capabilities • Web-based bi-directional data flow • Communication systems, multiple modes • Cord-management system - of communications including wireless, cellular, and LAN ECOtaliy's Blink Level 2 Electric Vehicle Supply Safety Equipment (EVSE) Specifications • Interlocks with EV drive system so EV Input Voltage 208 VAC to 240 VAC +/- 10% cannot drive when connector is inserted in vehicle inlet Input Phase Single • De-energizes EVSE if connector and Frequency 50/60 Hz cable are subjected to strain Input Current 30 Amps (maximum); 12A, 16A, 24A available . Charge current interrupting device Breaker Size 40 Amps; settings at 15A/20A/30A available (CCID) with automatic test feature for Output Voltage 208 VAC - 240 VAC +/- 10% personal protection Output Phase Single • Connector parts are de-energized until Pilot SAE 11772compliant latched in vehicle inlet Connector/Cable SAE J1772compliont; UL-rated at 30A maximum ' Meets all National Electric Code requirements Cable Length 18 feet (estimated) Exterior Dimensions Wall Mount: 18" W x 22" H x 5-9/16" D Standards and Certifications Cord Mount: 18" Diameter Temperature Rating -22o F (-30o C) to +11'22o F (+50o C) • SAE J 1772 compliant • NEC article 625 electric vehicle Enclosure NEMA Type 3R; sunand-heat-resistant charging system Mounting Wall-mount or pedestal • UL and ULc to 2594 CITY OF ASHLAND Council Communication Annual Review of Investment Policy for the City of Ashland Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder/T easurer E-Mail: christeb@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Larry Patters Estimated Time: 10 Minutes Question: Will the City Council conduct annual review and accept the current City of Ashland Investment Policy? Staff Recommendation: Approve City of Ashland Investment Policy. Background: This policy was reviewed and approved by the City Council in November 2009 to meet current Oregon Revised Statutes pertaining to investment of municipal funds. The City of Ashland Investment Policy has been reviewed by the Investment Officer and there are no suggested changes. Related City Policies: The policy states that it shall be reviewed on an annual basis by the Investment Officer and the City Council. Council Options: Approve/Disapprove review of City of Ashland Investment Policy. Potential Motions: Motion to approve/disapprove City of Ashland Investment Policy. Attachments: • City of Ashland Investment Policy Page I of I �r, City of Ashland Investment Policy Revised November 2009 Page 1 of 7 CITY OF ASHLAND, OREGON INVESTMENT POLICY 1. POLICY STATEMENT It is the policy of the City of Ashland to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. H. SCOPE This investment policy applies to activities of the City of Ashland and Ashland Parks & Recreation in regard to investing the financial assets of all funds except for funds held in trust for deferred compensation funds for the employees of the City of Ashland. In addition, funds held by trustees or fiscal agents are excluded from these rules; however, all funds are- subject to regulations established by the State of Oregon. Other than bond proceeds or other unusual situations, the estimated portfolio size ranges from $15,000,000 to $24,000,000. These funds are accounted for in the City of Ashland's Comprehensive Annual Financial Report and include: General Fund Special Revenue Funds Capital Projects Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust & Agency Funds Funds of the City will be invested in compliance with the provisions of all applicable Oregon Revised Statutes. Investments of any tax-exempt borrowing proceeds and any related Debt Service funds will comply with the arbitrage restrictions in all applicable Internal Revenue Codes. III. OBJECTIVES AND STRATEGY The primary objectives, in priority order, of the City of Ashland's investment activities shall be: 1. Legality. This Investment Policy will be in conformance with federal laws, state statutes, local ordinances, and internal policies and procedures. 2. Liquidity. The City of Ashland's investment portfolio will remain sufficiently liquid to enable the City of Ashland to meet all operating requirements which might be reasonably anticipated. 3. Diversification. Diversification of the portfolio will include diversification by maturity and market sector and will include the use of multiple broker/dealers for diversification and market coverage. 4. Yield. The City of Ashland's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City of Ashland's investment risk constraints and the cash flow characteristics of the portfolio. "Market rate of return" may be defined as the average yield of the current three- City of Ashland Investment Policy Revised November 2009 Page 2 of 7 month U.S. Treasury bill or any other index that most closely matches the average maturity of the portfolio. Effective cash management is recognized as essential to good fiscal management. Cash management is defined as the process of managing monies in order to ensure maximum cash availability. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, and the management of banking services. IV. STANDARDS OF CARE I. Delegation of Authority. Authority to manage the City of Ashland's investment program is delegated to the City Recorder/Treasurer and Administrative Services Director who are the designated investment officers of the City and are responsible for investment decisions and activities, under the review of City Council. The day to day administration of the cash management program is handled by the City Recorder/Treasurer or by, the Administrative Services Director in the absence of the City Recorder/Treasurer. Management responsibility for the investment program is hereby delegated to the City Recorder/Treasurer and Administrative Services Director, who shall establish written procedures for the operation of the investment program consistent with this investment policy and subject to review and adoption by City Council. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Recorder/Treasurer and Administrative Services Director. The City Recorder/Treasurer and Administrative Services Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 2. Prudence. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. These standards states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 3. Limitation of Personal Liability. The Investment Officer acting in accordance with written procedures, the investment policy and in accord with the Prudent Person Rule shall not be held personally liable in the management of the portfolio. 4. Ethics and Conflict of Interest. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal frnancial1investment positions that could be related to the performance of the investment portfolio. Employees, officers, and their families shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City, Officers and employees shall, at all times, comply with the State of Oregon, Government Standards and Practices Commission, code of ethics set forth in ORS Chapter 244. City of Ashland Investment Policy - Revised November 2009 Page 3 of 7 IV. AUTHORIZED AND SUITABLE INVESTMENTS. 1. Authorized Investments. All investments of the City shall diversified by type, maturity and issuer. Before any transaction is concluded, to the extent practicable, the Investment Officer shall solicit and document competitive and offers on comparable securities. When not practicable, the reasons should be similarly documented. At all times the Investment Officer will strive for best execution of all transactions. Additionally, if reasonably unanticipated events cause the portfolio limits to be exceeded, the Investment Officer will take the steps necessary to correct the situation as soon as practicable. Investments may be sold at a loss when the Investment Officer deems that such a decision is prudent. 2. Suitable Investments. a. U.S. Treasuries b. Agencies and Instrumentalities of the United States. c. Savings and Demand Accounts (Oregon depositories only) d. Time Certificates of Deposit(Oregon depositories only) f. Banker's Acceptances (Oregon issued) g. Corporate Debt h. Municipal Debt (States of Oregon, California, Idaho and Washington only) i. Oregon Local Government Investment Pool (LGIP) The specific permitted securities are defined under Oregon Revised Statutes Chapters 294.035,, 294.040, 294.046 and 294.810. (See Addendum A) Collateral requirements are bank deposits, time deposits, certificates of deposit and savings accounts are defined in ORS Chapter 295. (See Addendum B) V. INVESTMENT PARAMETERS 1. Diversification. The City will diversify the investment portfolio to avoid incurring unreasonable risks, both credit and interest rate risk, inherent in over investing in specific instruments, individual financial institutions or maturities. Diversification Constraints on Total Holdings: ISSUER TYPE %of portfolio U.S. Treasury Obligations Up to 100% U.S. Government Agency Securities and Instrumentalities of Government Sponsored Corp. Up to 75%and 25%per issuer Bankers'Acceptances (BA's) Up to 25%and 15%per issuer Certificates of Deposit (CD) Up to 35% and 5% of deposits per institution Municipal Debt Up to 35%and 10%per issuer Corporate Debt (AA, Al, PI) Up to 25%and 5%per issuer State of Oregon Investment Pool Securities ORS Limit 294.810 The investment officers will routinely monitor the contents of the portfolio comparing the holdings to the markets, relative values of competing instruments, changes in credit quality, and City of Ashland Investment Policy Revised November 2009 Page 4 of 7 benchmarks. If there are advantageous transactions, the portfolio may be adjusted accordingly, but not to exceed %as stated. 2. Investment Maturities. The City will not directly invest in securities maturing more than three(3)years from the date of purchase. a. The maximum weighted maturity of the total portfolio shall not exceed 1.5 years. This maximum is established to limit the portfolio to excessive price change exposure. b. Liquidity funds will be held in the State Pool or in money market instruments maturing six months and shorter. The liquidity portfolio shall, at a minimum, represent six month budgeted outflow. c. Core funds will be the defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between 1 day and 5 years and will be only invested in high quality and liquid securities. Total Portfolio Maturity Constraints: Under 30 days 10% minimum Under 90 days 25%minimum Under 270 days 50%minimum Under 1 year 75% minimum Under 18 months 80%minimum Under 3 years 100% minimum Exception to 3 year maturity maximum: Reserve or Capital Improvement Project monies may be invested in securities exceeding three (3) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds. Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type may be exceeded. Securities do not need to be liquidated to realign the portfolio; however, consideration will be given to this matter when future reinvestments occur. VII. SAFEKEEPING, CUSTODY AND AUTHORIZED DEALERS 1. Safekeeping and Custody of Securities. The laws of the state and prudent treasury management require that all purchased securities be bought on a delivery versus payment basis and be held in safekeeping by the City,or the City's designated depository. All safekeeping arrangements shall be designated by the Investment Officer and shall list each specific security, rate, description, maturity, and cusip number. Each safekeeping receipt will clearly state that the security is held for the City or pledged to the City. In addition, repurchase requirements including Master Repurchase Agreements shall be in place prior to any business being conducted. 2. Authorized Financial Dealers. The Investment Officer shall maintain a list of all authorized brokers/dealers and financial institutions that are approved for investment purposes or investment dealings. Any firm is eligible to make an application to the City of Ashland and upon due consideration and approval will be added to the list. Additions and deletions to the list will be made at the discretion of the Investment Officer. To be eligible, a financial institution must meet at least one of the following three criteria: City of Ashland Investment Policy Revised November 2009 Page 5 of 7 a. Be a primary dealer of the Federal Reserve Bank of New York; or It. Report voluntarily to the F.R.B. of New York; or c. Affirm that it has met the securities dealers' capital adequacy requirements of the F.R. B. of New York continuously for the preceding 12 months. At the request of the City of Ashland, the firms performing investment services shall provide their most recent financial statements or Consolidated Report of Conditions for review. Further, there should be in place, proof as to all the necessary credentials and licenses held by employees of the brokers/dealers who will have contact with the City of Ashland as specified by, but not necessarily limited to the Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), etc. All dealers with whom the City transacts business will be provided a copy of this Investment Policy to ensure that they are familiar with the goals and objectives of the investment program. If the City hires an investment advisor to provide investment management services, the advisor is authorized to transact with its direct dealer relationships on behalf of the City. A list of approved dealers must be submitted to the Investment Officer prior to transacting business. 3. Competitive Transactions. The Investment Officer will obtain telephone, faxed or emailed quotes before purchasing or selling an investment. The Investment Officer will select the quote which best satisfies the investment objectives of the investment portfolio within the parameters of this policy. The Investment Officer will maintain a written record of each bidding process including the name and prices offered by each participating financial institution. The investment advisor must provide documentation of competitive pricing execution on each transaction. The advisor will retain documentation and provide upon request. VIII. CONTROLS 1. Accounting Method. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants(AICPA); and the Financial Accounting Standards Board (FASB). Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 2. Internal Controls. The City will maintain a structure of internal controls sufficient to assure the safekeeping and security of all investments. The Investment Officer shall develop and maintain written.administrative procedures for the operation of the investment program that are consistent with this investment policy. City of Ashland Investment Policy Revised November 2009 Page b of 7 Procedures will include reference to safekeeping, wire transfers; banking services contracts, and other investment related activities. The Investment Officer shall be responsible for all transactions undertaken. No officer or designee may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer and approved by the Council_ 3. External Controls. The City of Ashland may enter into contracts with external investment management firms on a non-discretionary basis. These services will apply to the investment of the City's short-term operating funds and capital funds including bond proceeds and bond reserve funds. If an investment advisor is hired, the advisor will comply with all requirements of this Investment Policy. The investment advisor will provide return comparisons of the portfolio to the benchmark on a monthly basis. Exceptions to the Investment Policy must be disclosed and agreed upon in writing by both parties. The Investment Officer remains the person ultimately responsible for the prudent management of the portfolio. Factors to be considered when hiring an investment advisory firm may include, but are not .limited to: a. The firm's major business b. Ownership and organization of the firm c. The background and experience of key members of the firm, including the portfolio manager expected to be responsible for the City's account d. The size of the firm's assets base, and the portion of that base which would be made up by the City's portfolio if the firm were hired e. Management Fees f Cost Analysis of advisor g. Performance of the investment advisory firm, net of all fees, versus the Local Government Investment Pool or other benchmarks over a given period of time IX. PERFORMANCE EVALUATION AND REPORTING The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The city's investment strategy is active. Preservation of capital and maintenance of sufficient liquidity will be considered prior to attainment of market return performance. A market benchmark will be determined that is appropriate for longer term investments based on the City's risk and return profile. When comparing the performance of the City's portfolio, all fees and expenses involved with managing the portfolio shall be included in the computation of the portfolio's total rate of return. This would include any in-house management of the funds, as well as outside management. The Investment Officer shall prepare monthly and quarterly compliance summary reports that provide details of the investment portfolio, as well as transaction details for the reporting period. Details shall be sufficient to document conformity with the provisions of the statutes and this City of Ashland Investment Policy Revised November 2009 Page 7 of 7 investment policy and shall include a listing of individual securities held at the end of the period. All investments owned will be marked-to-market monthly by the City's third-party custodian. The performance(total return) of the City's portfolio will be measured against the performance of the Local Government Investment Pool (LGIP) and the yield of the 91-day U.S. Treasury Bill. X. INVESTMENT POLICY ADOPTION BY GOVERNING BODY This investment policy will be formally adopted by the City Council. The policy shall be reviewed on an annual basis by the Investment Officer and the City Council. Material revisions to this policy will require a review by the Oregon Short Term Fund Board, pursuant to current Oregon Revised Statutes. t CITY OF ASHLAND Council Communication Annual Appointments Citizen Budget Committee Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb@ashland.or.us Secondary Dept.: none Secondary Contact: none Approval: Larry Patters o Estimated Time: 15 minutes Question: Shall the Mayor and Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with term ending December 31, 2016? Staff Recommendation: None Background: These vacancies occurred with the term endings of Roberta Stebbins and Keith Baldwin on December 31, 2011. The deadline for submission of applications ended on November 18, 2010 and notice of these vacancies were published in the local newspaper and placed on the city website. Of the two members whose terms are ending, Roberta Stebbins and Keith Baldwin has request re- appointment. No new applications were received. Related City Policies: Oregon Budget Law ORS Chapter 294 Council Options: • Select two applications for appointment to the Citizen Budget Committee with term ending December 31, 2016. (If needed - ballots will be provided at the meeting) Potential Motions: Motion to approve to the Citizen Budget Committee with term ending December 31, 2016. Attachments: Applications received Page 1 of] 1`, 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 christcb'.&ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Roberta W. Stebbins Requesting to serve on: Budget Committee Address 1 1 I Granite Street, Ashland, OR 97520 Occupation_Retired CPA Phone: Home 552-1094 Work Email robertasemind.net Fax 1. Education Background What schools have you attended? MIT What degrees do you hold? CPA Licensed in Nevada and California 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? My husband and I owned our own CPA business for 35 years, and performed many governmental audits, assisting with budget preparations. I currently serve on an AICPA Board revising the CPA Examination. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I have served on Ashland's Audit Committee. 3. Interests Why are you applying for this position? Because I love Ashland, and feel residents should give back in kind for the good life this city affords. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I prefer day meeting, but would make an effort to attend diligently, when not away. 5. Additional Information How long have you lived in this community? 5 Yz years. Please use the space below to summarize any additional qualifications you have for this position February 6, 2006 Roberta W. Stebbins Date Signature Keith M. Baldwin 1176 Beswick Way Ashland, Oregon 97520 541-482-2166 November 4, 2009 Ms. Barbara Christensen City Recorder City of Ashland 20 East Main Street Ashland, OR 97520 Subject: Letter of Interest, vacant Citizen Budget Committee position To the Mayor and City Council of Ashland: I wish to be considered for appointment to one of the vacant positions on the Ashland Citizen Budget Committee. As a way of giving back to the community in which I live, I'd like to contribute my skills and experience to helping meet and manage the financial challenges Ashland faces. I've lived in Ashland for more than four years, after retiring from a 38-year career with IBM. I have a bachelor of science degree in engineering from Harvey Mudd College, with graduate work in electrical engineering at the University of Pennsylvania and Penn State University. My professional experience is in engineering, product management, marketing and business development, and includes contract negotiation, developing business partnerships, and fifteen years in management. I believe that I can make a meaningful contribution'to the Ashland budgeting process and hope that 1 will have the opportunity to do so through membership in the Citizen Budget Committee. Thank you for your consideration. Sincerely, 97 &U Keith M. Baldwin 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 christeb(r),ashland or us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Keith M. Baldwin Requesting to serve on: Citizen Budget Committee Address 1176 Beswick Way, Ashland, OR 97520 Occupation Retired Phone: Home 541-482-2166 Work N/A Email kbzray @netscape.net Fax 541-482-2166 1. Education Background What schools have you attended? Harvey Mudd College, University of Pennsylvania, Penn State University What degrees do you hold? B.S. Engineering What additional training or education have you had that would apply to this position? College courses in economics, IBM training courses in financial management and marketing, work experience with Defense Department procurement and accounting 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Fifteen years in management at IBM,including product and services management with personnel and profit and loss responsibility. Managed projects having multi- million dollar budgets. Five years experience selling products and services to the U.S. Department of Defense,which included participating in multiple large RFPs and bids. Implemented an appropriation accounting system for the Naval Aviation Supply Office. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes. I'm unfamiliar with many of the laws and parameters that govern municipal budgeting generally, as well as those specific to Oregon. My potential contribution would probably be improved with some focused education in these subjects. 3. Interests Why are you applying for this position? I'm the beneficiary of the efforts of many others who have served Ashland before me and I'd like to give back to the community in a way that brings the most value from my skills,experience and problem-solving abilities. Rather than just observing Ashland's financial challenges with concern, I'd like to contribute to resolving them. Serving on the Citizen Budget Committee seems to me to be the most effective way I can do this. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes. My only potential conflicts are with Siskiyou Singers rehearsals on Tuesday evenings from September through early December and February through early May, and with once-monthly board of directors meetings of the Siskiyou Singers and the Rogue River Valley University Club. I would generally somewhat prefer day meetings, although I have considerable flexibility in my schedule. 5. Additional Information How long have you lived in this community? Four and a half years Please use the space below to summarize any additional qualifications you have for this position 1) Considerable experience with collaboration and teamwork in a work environment 2) Strong problem-solving ability 3) Comfortable working with complexity 4) Comfortable moving between detail and "the big picture" November 4,2009 Date Signature CITY OF ASHLAND Council Communication Ordinance Amending Chapter 2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established Members on the Planning Commission and Housing Commission Meeting Date: December 20, 2011 Primary Staff Contact: Bill Molnar Department: Community Dev lopment E-Mail: MolnarB @ashland.or.us Secondary Dept.: Legal Depart m Secondary Contact: David Lohman Approval: Larry Patters Estimated Time: 10 minutes Question: Will Council approve Second Reading of an ordinance titled, "An Ordinance Amending Chapter 2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established Members on the Planning Commission and Housing Commission'? Recommendations: The Planning and Housing Commissions have each recommended that the City Council reduce the number of established members on each commission from nine (9) to seven (7). Staff recommends that Council approve the Second Reading of the ordinance. Background: Under current Municipal Code chapters 2.12 and 2.19, the maximum number of members on the Housing and Planning Commissions is set at 9. Over the course of the last year the Planning and Housing Commissions have each experienced resignations and unfilled vacancies. During this period of reduced membership, each Commission has found that the smaller commission size has been beneficial in promoting increased dialog, facilitating efficient meetings, and ultimately improving deliberations. It is primarily for these reasons that the Commissions have each independently recommended the proposed reduction in the number of authorized members. The recent adoption of Ord. 3050 by the City Council clarified that the number of Commission members necessary to constitute a quorum for meetings is the majority of authorized members, including any vacant positions. Given the limited number of seated members on both the Planning and Housing Commissions it is anticipated each body will continue to have difficulties in obtaining the quorums necessary for carrying out their functions unless the number of authorized members is reduced, or vacant positions are filled quickly. The City of Ashland Planning and Housing Commissions, as now constituted, currently have enough vacancies in appointed positions to be able to reduce the number of authorized members without removing any sitting members from office. The City Council at their regular meeting on December 6, 2011, held a public hearing and approved First Reading of the ordinance as presented. Page I of 2 1r, CITY OF -ASHLAND Related City Policies: Ashland Municipal Code Chapter 2.12 [Planning Commission] and Chapter 2.19 [Housing Commission]. Council Options: The Council may approve Second Reading of the Ordinance, or take no action. Potential Motions: Approve Second Reading of the ordinance. Attachments: An Ordinance Amending the Ch. 2.12 and Ch. 2.19 of the Ashland Municipal Code. Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.12 AND CHAPTER 2.19 OF THE ASHLAND MUNICIPAL CODE, REDUCING THE NUMBER OF ESTABLISHED MEMBERS ON THE PLANNING COMMISSION AND HOUSING COMMISSION. Annotated to show deletion and additions to the code sections being modified. Deletions are bold lined4lifough and additions are in bold underline. WHEREAS, The City of Ashland Planning Commission has recommended to the City Council that the Planning Commission membership be reduced from nine (9) to seven (7) members. WHEREAS, The City of Ashland Housing Commission has recommended to the City Council that the Housing Commission membership be reduced from nine (9) to seven (7) members. WHEREAS, The City of Ashland Planning and Housing Commissions as now constituted have sufficient vacancies in appointed positions making possible a reduction in membership without removing any members from office, and WHEREAS, The City Council concurs with the recommendations of the Planning and Housing Commission. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.12, Planning Commission, is hereby amended to read as follows: 2.12.010 Established Membership There is established a City Planning Commission consisting of nine (9) seven 7 members, to be appointed by the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the legal constraints of ORS 227.030. SECTION 2. Chapter 2.19, Housing Commission, is hereby amended to read as follows: 2.19.010 Established Membership The Housing Commission is established and shall consist of nine (9) seven 7 voting members and one(1) non-voting ex-officio member who shall be the City Housing Program Specialist. SECTION 3. 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 validity of the remaining sections, subsections, paragraphs and clauses. • SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and Page 1 of 2 the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. 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 12011, and duly PASSED and ADOPTED this day of 12011. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2011 John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF ASHLAND Council Communication Annual Appointments Citizen Budget Committee Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb @ashland.or.us Secondary Dept.: none Secondary Contact: none Approval: Larry Patterson Estimated Time: 15 minutes Question: Shall the Mayor and Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with term ending December 31, 2016? Staff Recommendation: None Background: These vacancies occurred with the term endings of Roberta Stebbins and Keith Baldwin on December .31, 2011. The deadline for submission of applications ended on November 18, 2010 and notice of these vacancies were published in the local newspaper and placed on the city website. Of the two members whose terms are ending, Roberta Stebbins and Keith Baldwin has request re- appointment. No new applications were received. Related City Policies: Oregon Budget Law ORS Chapter 294 Council Options: • Select two applications for appointment to the Citizen Budget Committee with term ending December 31, 2016. (If needed - ballots will be provided at the meeting) Potential Motions: Motion to approve to the Citizen Budget Committee with term ending December 31, 2016. Attachments: Applications received MIVI 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 christeb@ashland.or.us.ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Joseph Graf Requesting to serve on: Citizens Budget Committee (Commission/Committee) Address 1160 Fern St., Ashland, OR 97520 Occupation_Retired (Emeritus Professor, SOU)_ Phone: Home_541-488-8429_ Work N/A Email_graf @sou.edu_ Fax _N/A 1. Education Background What schools have you attended? Columbia Univ. and Yale Univ. What degrees do you hold? BA from Columbia, M.Phil. and Ph.D. from Yale, all in Geology 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? Over five years working in the business of mineral exploration, including economic analysis of mineral prospects. Over twenty years in academic administration in Kansas (Head of Geology Department at Kansas State University for 10 years) and Oregon (Dean of Sciences at SOU for 12 years). At both these academic positions, I managed budgets, both state general fund and foundation accounts. At SOU, I had to work with the University-wide budget and the State Budget as well as those of Sciences and its seven departments and programs. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? No. I believe I can learn from other Committee members and staff what I need to know. 3. Interests Why are you applying for this position? I am a citizen observer of the AWAC process and serve on the Wastewater advisory committee. Both of these activities have significant potential impact on the City Budget and I think knowing more about that budget would be interesting to me. I also think that I am good at both understanding details and spreadsheets and at seeing the big picture when it comes to budgets and projects. Lastly, since our retirement both my wife and I are wanting to devote more time to serving our community 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, available. Either day or evening is ok. 5. Additional Information How long have you lived in this community? 16 years Please use the space below to summarize any additional qualifications you have for this position December 19, 2011 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 christebna ashland.onus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name William Heimann Requesting to serve on: Citizens Budget Committee(Commission/Committee) Address 647 Siskiyou Blvd Occupation Retired Phone: Home 1 541 880 8960 Work Email ashlandbilll(a)yahoo.com Fax 1. Education Background What schools have you attended? George Washington Univ. Providence College What degrees do you hold? BS Mathmatics MS Computer Science University of Pennsylvania Executive Development George Washington University Executive Planning What additional training or education have you had that would apply to this position? City of Phoenix Five year Planning Board, Arizona Transportation Planning Committee, and various other city, regional and state boards and committees where budgeting was an important component. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Regional Manager, Honeywell Corp, Division manager Honeywell Corp., Manager Univac Corp. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Yes Why? Education always increases effectiveness. ��, 3. Interests Why are you applying for this position? Citizens must take an active role in their government if that government is to be its must responsive to the needs of its people. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes 5. Additional Information How long have you lived in this community? 12 years Please use the space below to summarize any additional qualifications you have for this position 12/16/2012 Date Signature�jl�� Barbara Christensen From: Keith Baldwin [kbzray @netscape.net] Sent: Friday, December 16, 2011 1:19 PM To: christeb @ashland.or.us Subject: Re: Reappointment to Budget Committee Hello, Barbara- Circumstances have changed for me recently and I must withdraw from being considered for reappointment to the budget committee. I understand that budget committee appointment candidates are being considered at next Tuesday's city council meeting, so would you kindly confirm receipt of this e-mail and that my name has been removed from consideration? Thanks much, Keith Baldwin ----Original Message---- From: Barbara Christensen <christeb @ashland.or.us> To: kbzray<kbzray @netscape.net> Sent: Thu, Oct 27, 2011 9:56 am Subject Reappointment to Budget Committee Keith, your term expires on December 31, 2011. If you would like to be considered for reappointment could you please respond to this email indicating yes or no. Thanks so much! Barbara Barbara Christensen City Recorder/Treasurer City of Ashland Ashland OR 97520 (541) 488-5307 PUBLIC RECORDS LAW DISCLOSURE This is a public document and is subject to the Oregon Public Records Law. Messages to and from this email may be available to the public. 1 - - CITY OF 81828 - ASHLAND E N 20 E.MAIN STREET 4411 D ,� ASHLAND,OREGON 97520 DATE O 541/552.2028 R LIMITED PURCHASE ORDER - MAXIMUM PURCHASE IS $5000 DESCRIPTION AMOUNT TOTAL PROJECT# /p//�) EMPLOYEE SIGNATURE:DEPT 1 ACCOUNT# J` o =`bo- (REOU R DDIF OIVER$500) VENDOR COPY n Please publish: November 4 and November 12, 2011 Refer to P.O. 81828 Please contact Barbara at 488-5307 with questions Notice of Mann Budget Committee The City of Ashland has two vacancies on the CITIZEN BUDGET COMMITTEE for terms to expire December 31,2011. If you are interested in being considered for a volunteer position on the Citizen Budget Committee, please submit a letter of interest along with a completed application to the City Recorder's Office. Applications are also available on the City's website at www.ashland.or.us by selecting VACANCIES link on the homepage. Questions? Contact City Recorder Barbara Christensen at 488-5307. APPLY TO: City Recorder's Office,City Hall,20 East Main St,Ashland APPLY BY: Friday November 18,2011 deadline for applications CITY OF 11F WA ASHLAND � � 'S f� �� Barbara C6oristeASen From: Roberta Stebbins [robertas@mind.net] Sent: Tuesday, October 25, 2011 5:57 PM To: Barbara Christensen Subject: Re: Reappointment to Budget Committee? Dear Barbara, I am happy to serve again, especially with our going to a 2-year budgetary system. But, I am well aware that there are many fine citizens willing and able to serve. So, yes, I would like to be considered, but am comfortable with whatever the result. You were sorely missed at yesterday's audit comm. meeting. Hope you are feeling better. Thank you for asking me, Roberta On 10/25/201110:30 AM, Barbara Christensen wrote: Roberta,your term expires on December 31, 2011. If you would like to be considered for reappointment could you please respond to this email indicating yes or no.Thanks so much! Barbara Barbara Christensen City Recorder/Treasurer City of Ashland Ashland OR 97520 (541) 488-5307 PUBLIC RECORDS LAW DISCLOSURE This is a public document and is subject to the Oregon Public Records Law. Messages to and from this email may be available to the public. t CITY OF ASHLAND Memo DATE: November 21, 2011 TO: Mayor Stromberg and City Councilors FROM: City Recorder's Office RE: Applications received for Citizen Budget Committee The deadline for submission of applications for the Citizen Budget Committee ended on November 18. There are two vacancies on the Budget Committee that need to be filled. Each of these positions is three-year terms ending December 31, 2016. These vacancies occurred by the term endings of Roberta Stebbins and Keith Baldwin. The appointment of these positions is scheduled on December 20th at the Regular Council meeting. I have attached for your review the most recent applications from those requesting re-appointment. No new applications were received. Request for Re-appointment Roberta Stebbins Keith Baldwin Thank you City Hall City Recorder's Office Tel:541-088-5307 =, 20 E Main Fax:541-552-2059 Ashland,Oregon 97520 TTY:800-735-2900 w .ashland.orms CITY OF -ASHLAND Council Communication Annual Appointments Citizen Budget Committee Meeting Date: December 20, 2011 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb @ashland.or.us Secondary Dept.: none Secondary Contact: none Approval: Larry Patterson Estimated Time: 15 minutes Question: Shall the Mayor and Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with term ending December 31, 2016? Staff Recommendation: None Background: These vacancies occurred with the term endings of Roberta Stebbins and Keith Baldwin on December 31, 2011. The deadline for submission of applications ended on November 18, 2010 and notice of these vacancies were published in the local newspaper and placed on the city website. Of the two members whose terms are ending, Roberta Stebbins and Keith Baldwin has request re- appointment. No new applications were received. Related City Policies: Oregon Budget Law ORS Chapter 294 Council Options: • Select two applications for appointment to the Citizen Budget Committee with term ending December 31, 2016. (If needed - ballots will be provided at the meeting) Potential Motions: Motion to approve to the Citizen Budget Committee with term ending December 31, 2016. Attachments: Applications received Barbara Christensen From: Evan Lasley [anuminus @gmail.com] Sent: Tuesday, December 20, 2011 1:41 PM To: John Stromberg Cc: Barbara christensen; diaina @council.ashland.or.us Subject: Re: Meeting Thanks John. I won't rush this procedure and apply yet -- hopefully we can discuss this tomorrow in more depth. I'm working with Move to Amend, and have some questions regarding ballot initiatives and what sort of timeline we are looking at in order to get a resolution on the ballot for 2012, but that can wait for tomorrow as well. Thank you for your time, Evan Lasley anuminus@gmail.com Qmail.com 541-890-7545 On 12/20/2011 12:39 PM, John Stromberg wrote: Hi, Evan Just had a quick chance to scan your msg below. I'd be happy to meet with you. Please call Diana Shiplett at 488 6002 so she can fit you into my schedule for tomorrow afternoon if possible. IMPORTANT The Council is voting tonight on the Budget Committee appointments of which there are 2 to be made and currently 3 applicants. To be considered you have to get your application in to the City Recorder before the meeting...in sufficient time that she can process it. (I'm Ccing her on this message to help that happen but you've got to do your part.) I probably won't vote for you because there are three better qualified applicants and because you haven't communicated with me about your interest before today :-) And before I would vote for you I need to be sure you understand what's involved. However....it probably would still be good for you to apply because it will put your name before the Council and the public and if a vacancy occurs mid-term your application would be reconsidered (tell the City Recorder after tonight's meeting to keep your application active - if you're not appointed). And then you should follow up with me to learn about the job and how to get yourself appointed at the next opportunity. I think you would have a good chance if you do your homework in advance. In any event, I look forward to meeting with you tomorrow if possible and will read your message later. John Stromberg Mayor 541 552 2104 (direct) 541 488 6002 (secretary) ----- Original Message ----- From: "Evan Lasley" <anuminus i gmail.com> To: "John Stromberg" <johnna council.ashland.or.us> Sent: Tuesday, December 20, 20112:34:14 AM t Subject: Meeting Hello John, There have been some exciting developments in Occupy Ashland and our work since I last spoke to you, and I have been blessed to see new faces joining our group and contributing as they can. Besides that, other members of our group are traveling -- Keith Haxton is in Portland, working with the occupation there and moving Portland's money, as Ashland may be able to. Others have traveled to New York and D.C., while a caravan of our folks is traveling west, documenting how each occupation is dealing with its issues and reporting back to us. We are forming more focused groups on specific issues, and it has been inspiring to see this develop. We say these things take time, but it is something else to see them develop organically. I imagine it is like watching a child grow up. If you have any time to meet in the coming weeks, I would appreciate discussing how I could best get involved in the City as January approaches. I know one of the appointees of the Budget Committee withdrew their name, and I am interested in serving on either this committee or potentially transportation committee. My strong background in mathematics may be a positive, but I have questions regarding what kind of economics would be appropriate to refresh on before potentially taking on such responsibilities. I was approached to be a student representative for the Housing Committee, but have to speak to Regina Ayers and others on that to clarify in what way I will be serving. In any case, I will see you at Council tonight. I have been working with Rich Rohde on the divestment and hope to put a lot of work into the State Bank campaign as that develops in January. There is much good work being done, I see, and hope to create further time to contribute to it. Best, Evan Lasley anuminusQgmail.com 541-890-7545 z