city of jacksonville city council agenda old city …

Please let the City offices know if you will need any special accommodations to attend or participate in the meeting by

calling (541) 899-1231. Informational documents for items on this agenda are available for review on the City website

www.jacksonvilleor.us. A recording of the meeting will be available on the website within one week of the meeting.

CITY OF JACKSONVILLE CITY COUNCIL AGENDA

OLD CITY HALL, 205 W Main St

CITY COUNCIL REVISED August 6, 2019 City Council Meeting 6:00 pm

1) CALL TO ORDER (includes call to order, pledge of allegiance)

2) Swear in Councilor Mike McClain

3) a. MINUTES July 16, 2019

b. BILLS LIST

4) PUBLIC COMMENT (items not on the agenda) limited to 3 minutes per speaker, refer to “Speaking Time Limit” guidelines below:

5) STAFF / DEPARTMENT REPORTS a. Admin Department - Jeff Alvis / Stacey Bray /Angela Watson b. Planning Department - Ian Foster c. Police Department - Chief Towe

d. Fire Department – Interim Fire Chief Wayne Painter e. Mayor - Paul Becker

6) ACTION / DISCUSSION ITEMS The public will be allowed to speak, one time, to certain items during the action/discussion items. In order to speak you must sign in with the Recorder under the item for which you wish to speak. Speaking Time Limit: To allow equal time for speakers, each speaker has 3 minutes; a reminder will sound and speaker has another 1 minute to complete presentation. At that time, the chair will sound gavel, ending presentation and thank the speaker. This rule also applies to reading written communications. There will be no ceding of time among speakers.

a. OLCC Liquor License Application for Carriage House Jacksonville b. Public Hearing: Comprehensive Plan Chapter One c. Ordinance No. O2019-004 – An Ordinance Amending the Jacksonville Comprehensive Plan to Add

an Introduction and Amending Chapter One on Citizen Involvement d. Visitors’ Information Center Management Agreement Renewal e. Appoint Council Liaison for Committee for Citizen Involvement f. New Hire - Administrative Assistant Position g. Approval for Department of Forestry 2019 Volunteer Fire Assistance Grant

7) COUNCIL COMMITTEE REPORTS AND DISCUSSION

8) ADJOURN

http://www.jacksonvilleor.us/

Jacksonville City Council, City of Jacksonville, Oregon City Council Meeting Minutes July 16, 2019

1

Transcribed by: Angela Watson

July 16, 2019 at Old City Hall, 205 W Main St, Jacksonville 1) CALL TO ORDER (includes call to order, pledge of allegiance) 6:02 pm

Present: Councilors Bowen, Casaleggio, Garcia, Gregg, Lewis and Mayor Becker Absent: Staff Present: Administrator Alvis, Finance Director Bray, City Recorder Watson, Planning Director Foster, Interim Fire Chief Painter and Firefighter Martin

2) a. MINUTES (minutes from July 2, 2019 meeting) Move to: Approval of the minutes Motion by: Councilor Casaleggio

Seconded by: Councilor Bowen Vote:

Ayes: Unanimous Motion Carries

b. BILLS LIST Move to: Approval the bills

Motion by: Councilor Lewis Seconded by: Councilor Gregg

Roll Call Vote: Ayes:6

Nays: 0 Motion Carries Unanimously

Councilor Garcia inquiries about water repair at the New City Hall, water repair services at Shafer Ln and parks landscaping at Woodland Trails. Administrator Alvis answers. Councilor Gregg inquire about Cyber Liability Policy for insurance. Finance Director Bray answers.

3) PUBLIC COMMENT (items not on the agenda) limited to 3 minutes per speaker. Jocie Wall 520 S Oregon St asks a question about a bill on the Bills List. Gayle Lewis 622 Grove St CERT member and Firewise leader reminds Citizens of Firewise meetings at the New City Hall.

4) STAFF / DEPARTMENT REPORTS a. Admin Department – Jeff Alvis/Stacey Bray / Angela Watson b. Planning Department -Ian Foster c. Police Department - Chief Towe d. Fire Department – Interim Fire Chief Painter e. Mayor – Paul Becker

5) ACTION / DISCUSSION ITEMS (The public will be allowed to speak, one time, to certain items during the action/discussion items. In order to speak you must sign in with the Recorder under the item for which you wish to speak)

a. Swear in Firefighter Westin Martin

Public Comment: None.

Action minutes along with electronic recordings of the meeting, which may be reviewed on-

line on the City of Jacksonville website http://www. jacksonvilleor.us.


2


Council Discussion: Interim Fire Chief introduces Firefighter Westin to the Council who then was sworn in by Recorder Watson. Mayor Becker expresses appreciation to the Fire Department.

b. Addendum to Rogue Disposal Solid Waste Collection Franchise Agreement Public Comment: None. Council Discussion: Garry Penning with Rogue Disposal speaks to Council regarding CPI rate adjustments that will hopefully reduce the rate increases for the future.

Move to: Approval of the Addendum to the Solid Waste Collection Franchise Agreement. Motion by: Councilor Lewis Seconded by: Councilor Casaleggio

Roll Call Vote: Ayes: 6


Councilor Garcia ask for more detail regarding the rate changes for the CPI. Garry Penning answers.

c. Resolution No. R2019-009 – A Resolution Approving the Addendum to the Solid Waste Collection

Franchise Agreement between the City of Jacksonville and Rogue Disposal and Recycling, Inc. Public Comment: None. Council Discussion: None.

Move to: Approval of Resolution No. R2019-009 Motion by: Councilor Garcia Seconded by: Councilor Bowen



d. Approve Proposals for Exterior Modifications for New City Hall Egress and ADA Compliance

Public Comment: None. Council Discussion: Administrator Alvis speaks to bids that were turned in to the City for the exterior modifications project at New City Hall.

Move to: Accept the bids of Cut N Break Construction in the amount of $49,500 for the plaza and John’s Repair $91,370 for the exterior stairs. Motion by: Councilor Casaleggio Seconded by: Councilor Lewis



Discussion between Council regarding details of the project.


3


e. Review and Discussion of Comprehensive Plan Revision: Chapter One

Public Comment: None. Council Discussion: Planning Director Foster and Ryan Nolan from RVCOG present to Council the Draft Comprehensive Plan: Chapter One. Council asks questions and Planning Director Foster answers.

f. Appoint Vacant City Councilor Position Public Comment: Jocie Wall 520 S Oregon St speaks to Council regarding the process of City Council vacancy notification. Council Discussion: Administrator Alvis speak to applicant Mike McClain being out of the Country. Mike McClain asked that Council base their decision from his resume. Councilor Gregg reads Mike McClain’s resume to the public. City Council vote to fill the vacant Council position by written ballot between Omer Kem and Mike McClain.

Move to: Mike McClain is appointed to fill the Vacant City Council Position.

Ballot Vote: Mike McClain: Councilors Gregg, Casaleggio, Bowen and Mayor Becker

Omer Kem: Councilors Lewis and Garcia

6) COUNCIL AND COMMITTEE REPORTS AND DISCUSSION

a. Councilor Bowen: Recaps Cemetery Committee meeting. b. Councilor Casaleggio: No Report. c. Councilor Gregg: No Report. d. Councilor Garcia: No Report. e. Councilor Lewis: No Report. Brother visiting from Alaska in audience. f. Mayor Becker: No Report.

7) ADJOURN 7:00 pm Paul Becker, Mayor Angela Watson, Recorder Date approved:

Vendor Name Description Amount

A One Exterminators Inc. quarterly pest control PW shop 90.00

A One Exterminators Inc. quarterly pest control NCH 105.00

A One Exterminators Inc. quarterly pest control St. Andrews 100.00

Beautiful Day Embroidery uniform shirts 231.84

CIS Trust annual workers comp renewal 1,455.82

CIS Trust annual property / liability insurance renewal 10,820.40

Jarvis Dreyer Glatte & Larsen LLP attorney services June 2019 772.00

Oregon Assoc. of Municipal Recorders Treasurer OAMR Annual Academy & Conference - Watson 535.00

Staples Business Credit office supplies for new fiscal year 375.85

14,485.91




Rogue Valley Council of Governments contract planner June 2019 2,019.43


5,227.23


A One Exterminators Inc. quarterly pest control 99.00

Alsco janitorial supplies 66.18



City of Medford annual maintenance unit #8211 3,943.08

City of Medford fuel june 2019 338.06

Fire Rescue Equipment NW, LLC bracket for holmatro tool 215.00

Hukill's Inc. clean out drain 204.00

Industrial Source medical oxygen 67.80

Mobile Installations installation of replacement MDC's 600.00

Public Safety Center employee name plates 28.50

Rogue Interagency Training Assoc. annual membership 100.00

Sign Dude helmet name decals 70.00

27,563.03


A One Exterminators Inc. quarterly pest control 110.00

Butler Ford Butler Kia maintenance on 4511 - water pump repair leak 525.59

Central Point Cleaners uniform cleaning May / June 247.00



City of Medford fuel june 2019 684.51

Gordon's Auto Detailing vehicle detailing - 3 vehicles 555.00

Mobile Installations installation of replacement MDC's 832.00

27,761.68



1,742.68


Alliance Concrete Enclosers Inc. parking bumpers 74.00


Buffaloe Graphics uniform shirts 54.00



City of Medford street signs 177.00

City of Medford hydraulic leak repair - street sweeper 1,549.38

GENERAL FUND - PLANNING DEPARTMENT

CITY OF JACKSONVILLE

Bills Against the City - City Council

AUGUST 6, 2019

POLICE PROTECTION FUND

GENERAL FUND - ADMINISTRATION DEPARTMENT

FIRE PROTECTION FUND

CEMETERY FUND

STREETS FUND

V:\City Council\CC FYE 2019-20\Reg CC Meeting 08 06 19\Bills List 08.06.19 1 of 2


Industrial Source fire extinguisher for weed eating 60.00

KAS & Associates, Inc. site plan meeting for 4th street overlay 186.38

KAS & Associates, Inc. engineer work for 4th street overlay 666.96

Pacific Survey Supply supplies for locating 36.28

SASCO Fasteners STR maintenance and shop supplies 146.64

13,083.33



American Water Works Association annual dues 355.00


Blackbird Shopping Center tools for shop 33.46



Hukill's Inc. water service repair @ 420 S. 4th St. 424.55

Hukill's Inc. repair to water main 585 grove st 167.75

KAS & Associates, Inc. engineer work for applegate st. water main improve. 270.00

Neilson Research Corporation routine water testing 99.00

Rogue Valley Backflow Service backflow testing 3,036.70

Spartan Plumbing repair to water service @ Big Valley Apts. 183.52


28,947.68



Bartlett Tree Service LLC treat ponderosa pines @ arboretum 562.00

Blackbird Shopping Center supplies for FP vault toilet 91.97



Ground Control Southern Oregon LLC engineered bark to replace pea gravel @ pheasant meadows 3,432.00

Jacksonville Waggin' Tails Inc. reimbursement for maintenance & supplies 371.61

Salvador's Landscape Maintenance parks & lawn maintenance 06.28.19 - 07.12.19 1,370.00

Salvador's Landscape Maintenance parks & lawn maintenance 07.19.19 - 08.02.19 1,390.00

Shooting Star Nursery replacement tree for parks 155.00

Sunrise Environmental Scientific bee killer for PKS 442.17

United Rentals rental of skidsteer for removing pea gravel @ pheasant meadows 810.48

17,507.47


Daily Journal of Commerce publish RFP for elevator project 125.84

Neilson Research Corporation asbestos testing for NCH 60.00

Rosebud Media LLC publish RFP for elevator project 223.39

409.23

TOTAL: 136,728.24

APPROVED BY: DATE:

PARKS FUND

CAPITAL PROJECT FUND

WATER FUND

V:\City Council\CC FYE 2019-20\Reg CC Meeting 08 06 19\Bills List 08.06.19 2 of 2

Jacksonville City Council Agenda Item Summary

OLCC Liquor License Application for Carriage House Jacksonville

Date: August 2, 2019 City Council Meeting: August 6, 2019 From: Jeff Alvis, City Administrator Agenda Item: 6a Synopsis: Carriage House Jacksonville submitted an OLCC Liquor License Application on August 2, 2019. The application is for a business that will offer American food with a French flare at 635 N Oregon St. They are anticipating opening for business August 18, 2019. The Planning Department has done a performance review and approved this business and Chief Towe has reviewed the Liquor License Application and has no concerns. Fiscal Impact: N/A Recommendations: Council to recommend either granting or denying the Liquor License Application. Exhibits: Exhibit A – Liquor License Application – Carriage House Jacksonville

Recorder

Typewritten Text

City Council July 16, 2019 Agenda Item 5b Exhibit A

Carriage House Jacksonville Breakfast / Brunch Menu:

• Banana Bread French Toast

• Buttermilk Belgian Waffle

• House Granola

• Crepes

o Orange, Mascarpone

o Pear, Candied Walnut, Ricotta

o Prosciutto, Gruyere

o Tomato, Tapenede, Fetta

• Biscuits & Gravy

• Eggs Benedict

• Bagels, Lox, & Cream Cheese

• 2 Eggs & Potatos, Bacon

• Omlette

o Bacon, Shrimp, Swiss

o Ham, Onion, Bell, Cheddar Cheese

o Spinach, Mushroom, Chevre

• Brisket Dip

• Hamburger & Fries

• House Soup & Grilled Cheese

• Loco Moco

• Hummus Platter

Dinner Menu:

• Spinach Salad * Fish & Chips * Calamari

• House Salad * Hamburger & Fries * Hummus Plater

• Cesar Salad * Brisket Dip w/Aujus * Onyx Pad Thai

• Seasonal Salad * Chicken & Cauliflower Wings * Chicken Sate’

▪ * Pork Sate’

• Chicken Dish * Roasted Delicata Squash * Kimchi, Peanut sauce

• Filet Mignon * Sautéed Greens

• Double Cut Pork Chop * Roasted Mixed Vegetables

• Grilled Salmon

• Vegetarian Dish

• Tartine * Savory Crepe * Riso *Tartare

• Homemade Pasta *Charcut * Oysters *Soup de Jour

Deserts:

• Vanilla Crème Brullee w/Almond Biscotti

• Carrot Cheese Cake w/Rum Raisin Coulis

• Ice Cream Sundae, Waffle cone bowel & Chocolate sauce

• Flourless Chocolate Cake w/Toffee Ice Cream & Salted Caramel

• Fresh Fruit & Berry Tart w/ Hazelnut Pastry Cream

Kids Menu:

• Homemade Mac & Cheese

• Quesadilla

• Burger & Fries

• Fried Chicken

• Petit Steak

• Fish & Chips


Public Hearing: Comprehensive Plan Chapter One

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Ian Foster, Planning Director Agenda Item: 6b Synopsis: Background In 2018, the CCI, in collaboration with the City Council, formed a five-member Citizen Advisory Committee (CAC) in order to review and edit Chapter One of the Jacksonville Comprehensive Plan, Citizen Involvement. The current Citizen Involvement chapter was authored in 2008. Since its completion, the City recognized a need for a thoughtful, community-wide discussion about modifying this chapter for a more practical application that recognizes the challenges of applying large-city programs to a city of Jacksonville’s size, while affirming the value of Citizen Involvement. On March 22, 2019, the CAC completed a Majority Report with a favorable recommendation for Planning Commission and City Council review (Exhibit C). On April 10, 2019, the Planning Commission referred the draft document back to the CAC for review after receiving feedback from the City Attorney. The CAC met on April 19, 2019 and provided an Addendum to their Majority Report (Exhibit D). On June 10, 2019, the Planning Commission reviewed the documents and included recommended changes and referred the item to the City Council with a recommendation for adoption. On July 16, 2019, staff provided a report to the City Council during a work session regarding proposed text amendments to Chapter One of the Comprehensive Plan as recommended by the Planning Commission and CAC. Additionally, staff provided an overview regarding the process for Council consideration and adoption of the proposed amendments. Next Steps/Staff Recommended Time Frame: August 6, 2019: Following the Public Hearing, possible first reading of ordinance. August 20, 2019: Second reading and adoption of Ordinance 02019-004 to amend the Comprehensive Plan replacing Chapter One and adding a Comprehensive Plan Introduction. Fiscal Impact: NA

Recommendations: If there are any proposed changes as a result of the Public Hearing, the Council will need to specify the changes to staff. Exhibits: A: Introduction B: Draft Chapter One of the Comprehensive Plan C: CAC Majority Report D: CAC Addendum to Majority Report

CITY OF JACKSONVILLE COMPREHENSIVE PLAN

Introduction

Planning in Oregon: The Comprehensive Plan All cities and counties in Oregon are required to have a Comprehensive Plan. The purpose of the Comprehensive Plan is to guide how and where land is developed and infrastructure projects are built to prepare for and respond to population and job growth. The Comprehensive Plan is the basis and foundation for the City’s development regulations.

The Comprehensive Plan is a legal document and is required to be in conformance with the 15 Oregon Statewide Planning Goals. The goals are established topics that must be addressed with supporting maps and diagrams.

The Jacksonville Comprehensive Plan was first acknowledged by the State of Oregon in 1986. Since then, there have been periodic amendments and modifications to the Plan, the most recent being the Transportation Element adopted in 2009.

This plan is intended to help coordinate policies and actions and ensures that the residents of Jacksonville be involved in long-range land-use decisions.

In preparing for any updates to the Comprehensive Plan, the City undertook a community-wide process resulting in the adoption of Jacksonville’s Vision 2028. The intent of the visioning process is to integrate the values into each chapter of the Comprehensive Plan.

Vision 2028 In 2008, The residents of Jacksonville created the City’s 2028 Vision. This group of volunteers developed value statements for a wide range of topics regarding the City of Jacksonville. The values are:

A. We value a governmental process that encourages citizens to work actively with cityofficials throughout the decision-making process.

B. We value a government that reaches out to inform, involve, and motivate citizens toplay an active role in the ongoing processes of governance.

C. We value a rational and objective process that strives to validate and implementJacksonville’s evolving values, visions, and goals.

PoliciesBased on the 2028 Vision, The Comprehensive Plan shall include the following policies:

1) The City of Jacksonville shall support and maintain an effective Civic EngagementProgram in order to ensure that all residents are afforded the opportunity to participate inthe City’s programs and decision-making processes.

2) Each chapter of the Comprehensive Plan shall begin with a relevant ‘value’ thatrepresents citizen input from the Visioning 2028 process.

CC Exhibit A

Page | 1


Chapter One: Civic Engagement Element

Goal To provide opportunity for the citizens of Jacksonville to be involved in the ongoing city planning process.

This chapter includes action items intended to implement this goal.

1. Civic Engagement ProgramA Civic Engagement Program shall be established that includes the following elements:

A. Committees and Commissions of resident volunteers to address recurring or on-goingCity land use issues shall be established in the City Council Rules or other relevantcodified ordinances;

B. A Committee for Citizen Involvement (CCI) to support Citizen Advisory Committees(CACs), and Ad Hoc Committees, and provide for effective communication with Cityofficials;

C. Citizen Advisory Committees (CACs) to address specific land use issues; andD. Ad Hoc Committees to investigate specific issues.

2. Committee for Citizen Involvement (CCI)A. The role of the CCI shall be to:

1. Serve as the City Council’s planning and supervisory arm for carrying out the functionsand requirements of the Civic Engagement Program as outlined herein;

2. Advocate for public participation in the City’s land use processes, programs, and concerns;3. Recruit candidates with the demonstrated background or technical knowledge to assist in

addressing the City’s specific land use concerns;4. Make and maintain a list of individuals who are willing, when needed, to participate on

various CACs or other committees;5. Guide CACs or other committees in their approaches to particular problems or

assignments;6. Provide a facilitator, as necessary, to assist in the CAC process;7. Facilitate technical and expert assistance to CACs and Ad Hoc Committees;8. Facilitate CAC and Ad Hoc Committee communication with the City Council;9. Request funding for the Civic Engagement Program; and,

CC Exhibit B

Page | 2


10. Monitor and make recommendations to the City Council for the enhancement of civicparticipation in all aspects of planning processes, including improvements to two-waycommunication.

B. The appointment and structure of the CCI shall be as follows:

1. Number of voting members: Minimum of five and maximum of seven;2. Residency Requirement: Membership shall be limited to Jacksonville residents;3. Participating non-voting members: One liaison from the City Council and Planning

Commission. The Committee may include non-residents or business owners as needed. ACity of Jacksonville staff person shall serve as an ex-officio member of the committee.;

4. Appointment process: After analyzing submitted applications to serve on the CCI, the CityCouncil shall interview candidates and appoint a minimum of five and maximum of sevenvoting members, along with the City Council liaison. The Planning Commission liaisonshall be selected by the Planning Commission;

5. Term of membership: Four years on an overlapping basis;6. Officers: During the first meeting of a new calendar year, the CCI shall elect a Chairperson

and Vice Chairperson to serve a one-year term. A city staff person may serve as Secretarywhen deemed necessary by the Chair; and

7. Vacancies: Vacancies shall be filled by City Council appointment.

3. Citizen Advisory Committees (CACs)CACs shall be formed by the City Council in coordination with theCCI to address specific land use issues, such as comprehensive planand unified development code text amendments. A CAC may beformed to address legislative land-use issues that affect policy on acommunity-wide basis. The City may appoint other committees notinvolving land use, but those committees are not subject to thischapter.

CACs shall generally be formed at the inception (or as early as practically possible) of anyapplicable Comprehensive Plan or Unified Development Code revision project. The CCI shallensure that each CAC is provided with clear guidelines as to its purpose, timelines, objectivesand reporting requirements. In the course of carrying out its research, a CAC may need to workin conjunction with City staff, City officials, and/or with one or more existing Committees. TheCAC shall prepare a written majority report, although minority reports are welcome.

The appointment and structure of CACs shall be as follows:

A. Number of voting members: Minimum of three and maximum of five;B. Residency Requirement: Voting Membership shall be limited to Jacksonville residents;C. Participating non-voting members: One liaison from the CCI. The CAC may include non-

residents or business owners with CCI approval. A City of Jacksonville staff person shallserve as an ex-officio member of theCAC.

D. Appointment process: Voting membership shall be appointed by the City Council. The CityCouncil may request recommendations from the CCI as to the appointment of members.

CC Exhibit B

Page | 3


Notwithstanding the foregoing, the City Council may delegate the duty to make such appointments to the CCI;

E. Term of Membership: Voting Members shall serve through the duration of a given project;F. Officers: Once established, members of the CAC shall elect a Chairperson, Vice

Chairperson, and Secretary. A city staff person may serve as Secretary when deemednecessary by the Chair; and,

G. Vacancies: Vacancies shall be filled by City Council appointment, or the CCI if delegated bythe City Council.

4. Ad Hoc CommitteesAd Hoc Committees may be established for a specific task or objective. For example, an Ad HocCommittee may be formed to do a thorough study of options related to a new community center, aproposed bike path, a gateway beautification project, or the economic revitalization of downtown.In other words, an Ad Hoc Committee acts as an arm of the City Council to provide research that theCity Council may be unable to carry out because of limitations of time or expertise. The Mayor and /or City Council shall ensure that an Ad Hoc Committee is provided with guidelines as to itsstructure, purpose, timelines, objectives and reporting requirements. Ad Hoc Committees mayneed to work in conjunction with City staff, City officials, and/or with one or more existing standingcommittees.

The structure of Ad Hoc Committees shall be as follows:

A. Number of voting members: Minimum of three;B. Residency Requirement: Voting membership shall be limited to Jacksonville residents;C. Participating non-voting members: The Ad Hoc Committee may include non-residents or

business owners. A City of Jacksonville staff member may serve as an ex-officio member;D. Appointment Process: The Mayor or designee shall appoint Ad Hoc Committees; and,E. Vacancies: Vacancies shall be filled by the Mayor or designee.

5. Community Engagement &CommunicationIn order to encourage residents to work actively with city officials throughout decision-makingprocesses, the City shall implement the following practices:

A. Clearly Communicate Information:

1. Information necessary to reach policy decisions shall be made available to the public ina concise, understandable form with enough time to allow for public input;

2. Information regarding land use decisions shall be made readily available to the public ina timely manner to allow for public input; and,

3. Agendas shall include enough information to allow residents to recognize what will bediscussed at particular meetings.

B. Encourage opportunities for education and timely two-way communication throughmeans such as, but not limited to, the following:

CC Exhibit B

Page | 4


1. Holding town hall meetings;2. Holding round-table discussions;3. Holding planning workshops (charettes), when applicable;4. Maintaining multiple methods by which the public can submit questions and/or

comments and receive responses from City staff in a timely manner;5. Holding Land Use educational sessions; and,6. Continuing to look for innovative ways to communicate with the public.

C. Maintain the City Website that includes the following:

1. The City Code of Ordinances;2. The Comprehensive Plan;3. Meeting agendas, minutes, reports, in a variety of media;4. Information on general approaches for effectively addressing issues of concern at public

meetings; and,5. General information on City Government.

6. General Rules Applying to CAC and Ad Hoc CommitteesCAC and Ad Hoc committees are advisory groups that make recommendations to the City Counciland/or Planning Commission. This Section is intended to provide guidelines for the generalprocesses of a CAC or Ad Hoc Committees, however, the Planning Commission or City Council mayprovide direction for a different approach based on advice it receives on legal issues, financialimpacts, public testimony, or other feedback.

A CAC

1. A CAC will review amendments to the Comprehensive Plan or Unified Development Code,or any other items it is charged to review, and present its report and recommendationsto the Planning Commission.

2. The Planning Commission shall consider the report and recommendations of the CAC.3. In making its recommendation to the City Council, the Planning Commission shall accept,

or reject, in whole or in part, recommendations from the report and the basis for itsrecommendation and may offer separate recommendations to Council as it considersappropriate.

B. Ad Hoc Committee

1. An Ad Hoc Committee will present its report and recommendations to the City Council.2. The City Council shall consider the recommendations of the Ad Hoc Committee.3. The City Council shall accept, or reject in whole or in part, recommendations from the

report and the basis for its recommendation.4. If the Council accepts a report that requires amendment to the Comprehensive Plan or

Unified Development Code, it shall refer the report to the Planning Department forprocessing.

CC Exhibit B

Page | 5


John Witteveen

7. AcknowledgementsChapter One of the Jacksonville Comprehensive Plan, CivicEngagement, is dedicated to John Witteveen (1909-1992) for hiscommitment to civic engagement, and his work in support of OregonState Senate Bill 100, the landmark legislation that put the people ofOregon into the land use planning process .

The Citizen Involvement Goal

The Citizen Involvement Goal was established in 1992 as part of the City’s 20-year vision. The goal is to provide opportunity for the Jacksonville community to be involved in the ongoing city planning process.

Jacksonville’s Volunteers

The City of Jacksonville is fortunate to have an abundance of volunteers willing to enrich the City with their valuable contributions. Besides the City Council with its elected representatives, Jacksonville has numerous standing commissions and committees, filled with appointed Jacksonville residents who have applied to participate or have agreed to serve when recruited. When necessary, other residents step up to fill positions on Citizen Advisory Committees or Ad Hoc Committees to address specific issues. Equally appreciated are the many residents who participate in service groups to maintain and enhance the quality of life we so enjoy in Jacksonville. Jacksonville’s outstanding volunteers is one of the City’s greatest assets.

Service Organizations

The City acknowledges the contributions made by the many service organizations and individual volunteers who donate time, expertise, and resources to preserving and enhancing Jacksonville’s quality of life.

Chapter One CAC

Dianne Helmer, CAC Chair

Monika Neri, CAC Vice Chair

John Jorgenson, CAC Member

Scott Selbe, CAC Member

Wayne Whiting, CAC Member

Tom Pratum, CCI Liaison

Ian Foster, Planning Director

Dick Converse, RVCOG

Zachery Thompson, Planner

Diane Oliver, Planning Technician

CC Exhibit B

CC Exhibit C

CC Exhibit A-9

CC Exhibit D

CC Exhibit D


Ordinance 02019-004: Comprehensive Plan Amendment: Introduction & Chapter One

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Ian Foster, Planning Director Agenda Item: 6c Synopsis: Once the City Council completes the public hearing on the proposed amendments to Chapter One of the Comprehensive Plan, the council may introduce Ordinance 02019-004 through the first reading process. If there are proposed changes as a result of the public hearing, the council will need to reference the modifications in the first reading. Staff will be available to assist in this process. Next Steps/Staff Recommended Time Frame: August 20, 2019: Second reading and adoption of ordinance with amendment to Chapter One of the Comprehensive Plan. Fiscal Impact: NA Recommendations: Staff recommends a first reading of Ordinance No. 02019-004. Upon second reading during the August 20, 2019 regular City Council meeting, staff recommends the council adopt Ordinance No. 02019-004. Exhibits: A: Ordinance 02019-004

Ordinance No. O2019-004

ORDINANCE NO. O2019-004

AN ORDINANCE AMENDING THE JACKSONVILLE COMPREHENSIVE PLAN TO

ADD AN INTRODUCTION AND AMENDING CHAPTER ONE ON CITIZEN

INVOLVEMENT

RECITALS:

A. The Jacksonville City Council initiated amendments to the Comprehensive Plan on

September 18, 2018.

B. On March 7, 2019, notice of the proposed Comprehensive Plan amendments were

sent to the Department of Land Conservation and Development with an Amendment

sent on April 11, 2019.

C. On May 22, 2019 the City of Jacksonville noticed the Planning Commission

evidentiary hearing scheduled for June 12, 2019.

D. The Planning Commission held a Public Hearing on June 12, 2019 on the proposed

amendments to the Comprehensive Plan, and opened the record for public

testimony. The Planning Commission recommended approval of the proposed

Comprehensive Plan amendment to the City Council with additional revisions.

E. On August 2, 2019, the City of Jacksonville noticed a City Council evidentiary

hearing scheduled for August 6, 2019.

F. The City Council conducted a Public Hearing on August 6, 2019 and opened the

record for public testimony. The City Council found the amendments to be

consistent with Jacksonville Vision 2028, the Jacksonville Comprehensive Plan,

Oregon Administrative Rules, and Oregon Revised Statutes.

Based on these findings,

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,

OREGON ORDAINS AS FOLLOWS:

Section 1. The City of Jacksonville’s Comprehensive Plan is hereby amended to add

an Introduction attached hereto as Exhibit A, incorporated herein by reference, and

amending Chapter One in its entirety and replacing it with the proposed Civic

Engagement Element attached hereto as Exhibit B, incorporated herein by reference.

Section 2. Ordinance 596 relating to Citizen Involvement is hereby repealed.

Section 3. The ordinance shall take effect on the thirtieth day after its final passage.

CC Exhibit A

Ordinance No. O2019-004

Section 4. The City Recorder is authorized to administratively correct any reference

errors contained herein or in other provisions added, amended, or repealed herein.

INTRODUCED AND FIRST READ IN OPEN COUNCIL ON AUGUST 6, 2019.

Signed by me in open session in authentication of its passage this 20th day of August,

2019.

Paul Becker, Mayor

ATTEST:

Angela Watson, City Recorder

CC Exhibit A


Introduction

Planning in Oregon: The Comprehensive Plan All cities and counties in Oregon are required to have a Comprehensive Plan. The purpose of the Comprehensive Plan is to guide how and where land is developed and infrastructure projects are built to prepare for and respond to population and job growth. The Comprehensive Plan is the basis and foundation for the City’s development regulations.

The Comprehensive Plan is a legal document and is required to be in conformance with the 15 Oregon Statewide Planning Goals. The goals are established topics that must be addressed with supporting maps and diagrams.

The Jacksonville Comprehensive Plan was first acknowledged by the State of Oregon in 1986. Since then, there have been periodic amendments and modifications to the Plan, the most recent being the Transportation Element adopted in 2009.

This plan is intended to help coordinate policies and actions and ensures that the residents of Jacksonville be involved in long-range land-use decisions.

In preparing for any updates to the Comprehensive Plan, the City undertook a community-wide process resulting in the adoption of Jacksonville’s Vision 2028. The intent of the visioning process is to integrate the values into each chapter of the Comprehensive Plan.

Vision 2028 In 2008, The residents of Jacksonville created the City’s 2028 Vision. This group of volunteers developed value statements for a wide range of topics regarding the City of Jacksonville. The values are:

A. We value a governmental process that encourages citizens to work actively with cityofficials throughout the decision-making process.

B. We value a government that reaches out to inform, involve, and motivate citizens toplay an active role in the ongoing processes of governance.

C. We value a rational and objective process that strives to validate and implementJacksonville’s evolving values, visions, and goals.

PoliciesBased on the 2028 Vision, The Comprehensive Plan shall include the following policies:

1) The City of Jacksonville shall support and maintain an effective Civic EngagementProgram in order to ensure that all residents are afforded the opportunity to participate inthe City’s programs and decision-making processes.

2) Each chapter of the Comprehensive Plan shall begin with a relevant ‘value’ thatrepresents citizen input from the Visioning 2028 process.

Ordinance 02019-004 Exhibit A

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Chapter One: Civic Engagement Element

Goal To provide opportunity for the citizens of Jacksonville to be involved in the ongoing city planning process.

This chapter includes action items intended to implement this goal.

1. Civic Engagement ProgramA Civic Engagement Program shall be established that includes the following elements:

A. Committees and Commissions of resident volunteers to address recurring or on-goingCity land use issues shall be established in the City Council Rules or other relevantcodified ordinances;

B. A Committee for Citizen Involvement (CCI) to support Citizen Advisory Committees(CACs), and Ad Hoc Committees, and provide for effective communication with Cityofficials;

C. Citizen Advisory Committees (CACs) to address specific land use issues; andD. Ad Hoc Committees to investigate specific issues.

2. Committee for Citizen Involvement (CCI)A. The role of the CCI shall be to:

1. Serve as the City Council’s planning and supervisory arm for carrying out the functionsand requirements of the Civic Engagement Program as outlined herein;

2. Advocate for public participation in the City’s land use processes, programs, and concerns;3. Recruit candidates with the demonstrated background or technical knowledge to assist in

addressing the City’s specific land use concerns;4. Make and maintain a list of individuals who are willing, when needed, to participate on

various CACs or other committees;5. Guide CACs or other committees in their approaches to particular problems or

assignments;6. Provide a facilitator, as necessary, to assist in the CAC process;7. Facilitate technical and expert assistance to CACs and Ad Hoc Committees;8. Facilitate CAC and Ad Hoc Committee communication with the City Council;9. Request funding for the Civic Engagement Program; and,

Ordinance 02019-004 Exhibit B

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10. Monitor and make recommendations to the City Council for the enhancement of civicparticipation in all aspects of planning processes, including improvements to two-waycommunication.

B. The appointment and structure of the CCI shall be as follows:

1. Number of voting members: Minimum of five and maximum of seven;2. Residency Requirement: Membership shall be limited to Jacksonville residents;3. Participating non-voting members: One liaison from the City Council and Planning

Commission. The Committee may include non-residents or business owners as needed. ACity of Jacksonville staff person shall serve as an ex-officio member of the committee.;

4. Appointment process: After analyzing submitted applications to serve on the CCI, the CityCouncil shall interview candidates and appoint a minimum of five and maximum of sevenvoting members, along with the City Council liaison. The Planning Commission liaisonshall be selected by the Planning Commission;

5. Term of membership: Four years on an overlapping basis;6. Officers: During the first meeting of a new calendar year, the CCI shall elect a Chairperson

and Vice Chairperson to serve a one-year term. A city staff person may serve as Secretarywhen deemed necessary by the Chair; and

7. Vacancies: Vacancies shall be filled by City Council appointment.

3. Citizen Advisory Committees (CACs)CACs shall be formed by the City Council in coordination with theCCI to address specific land use issues, such as comprehensive planand unified development code text amendments. A CAC may beformed to address legislative land-use issues that affect policy on acommunity-wide basis. The City may appoint other committees notinvolving land use, but those committees are not subject to thischapter.

CACs shall generally be formed at the inception (or as early as practically possible) of anyapplicable Comprehensive Plan or Unified Development Code revision project. The CCI shallensure that each CAC is provided with clear guidelines as to its purpose, timelines, objectivesand reporting requirements. In the course of carrying out its research, a CAC may need to workin conjunction with City staff, City officials, and/or with one or more existing Committees. TheCAC shall prepare a written majority report, although minority reports are welcome.

The appointment and structure of CACs shall be as follows:

A. Number of voting members: Minimum of three and maximum of five;B. Residency Requirement: Voting Membership shall be limited to Jacksonville residents;C. Participating non-voting members: One liaison from the CCI. The CAC may include non-

residents or business owners with CCI approval. A City of Jacksonville staff person shallserve as an ex-officio member of theCAC.

D. Appointment process: Voting membership shall be appointed by the City Council. The CityCouncil may request recommendations from the CCI as to the appointment of members.


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Notwithstanding the foregoing, the City Council may delegate the duty to make such appointments to the CCI;

E. Term of Membership: Voting Members shall serve through the duration of a given project;F. Officers: Once established, members of the CAC shall elect a Chairperson, Vice

Chairperson, and Secretary. A city staff person may serve as Secretary when deemednecessary by the Chair; and,

G. Vacancies: Vacancies shall be filled by City Council appointment, or the CCI if delegated bythe City Council.

4. Ad Hoc CommitteesAd Hoc Committees may be established for a specific task or objective. For example, an Ad HocCommittee may be formed to do a thorough study of options related to a new community center, aproposed bike path, a gateway beautification project, or the economic revitalization of downtown.In other words, an Ad Hoc Committee acts as an arm of the City Council to provide research that theCity Council may be unable to carry out because of limitations of time or expertise. The Mayor and /or City Council shall ensure that an Ad Hoc Committee is provided with guidelines as to itsstructure, purpose, timelines, objectives and reporting requirements. Ad Hoc Committees mayneed to work in conjunction with City staff, City officials, and/or with one or more existing standingcommittees.

The structure of Ad Hoc Committees shall be as follows:

A. Number of voting members: Minimum of three;B. Residency Requirement: Voting membership shall be limited to Jacksonville residents;C. Participating non-voting members: The Ad Hoc Committee may include non-residents or

business owners. A City of Jacksonville staff member may serve as an ex-officio member;D. Appointment Process: The Mayor or designee shall appoint Ad Hoc Committees; and,E. Vacancies: Vacancies shall be filled by the Mayor or designee.

5. Community Engagement &CommunicationIn order to encourage residents to work actively with city officials throughout decision-makingprocesses, the City shall implement the following practices:

A. Clearly Communicate Information:

1. Information necessary to reach policy decisions shall be made available to the public ina concise, understandable form with enough time to allow for public input;

2. Information regarding land use decisions shall be made readily available to the public ina timely manner to allow for public input; and,

3. Agendas shall include enough information to allow residents to recognize what will bediscussed at particular meetings.

B. Encourage opportunities for education and timely two-way communication throughmeans such as, but not limited to, the following:


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1. Holding town hall meetings;2. Holding round-table discussions;3. Holding planning workshops (charettes), when applicable;4. Maintaining multiple methods by which the public can submit questions and/or

comments and receive responses from City staff in a timely manner;5. Holding Land Use educational sessions; and,6. Continuing to look for innovative ways to communicate with the public.

C. Maintain the City Website that includes the following:

1. The City Code of Ordinances;2. The Comprehensive Plan;3. Meeting agendas, minutes, reports, in a variety of media;4. Information on general approaches for effectively addressing issues of concern at public

meetings; and,5. General information on City Government.

6. General Rules Applying to CAC and Ad Hoc CommitteesCAC and Ad Hoc committees are advisory groups that make recommendations to the City Counciland/or Planning Commission. This Section is intended to provide guidelines for the generalprocesses of a CAC or Ad Hoc Committees, however, the Planning Commission or City Council mayprovide direction for a different approach based on advice it receives on legal issues, financialimpacts, public testimony, or other feedback.

A CAC

1. A CAC will review amendments to the Comprehensive Plan or Unified Development Code,or any other items it is charged to review, and present its report and recommendationsto the Planning Commission.

2. The Planning Commission shall consider the report and recommendations of the CAC.3. In making its recommendation to the City Council, the Planning Commission shall accept,

or reject, in whole or in part, recommendations from the report and the basis for itsrecommendation and may offer separate recommendations to Council as it considersappropriate.

B. Ad Hoc Committee

1. An Ad Hoc Committee will present its report and recommendations to the City Council.2. The City Council shall consider the recommendations of the Ad Hoc Committee.3. The City Council shall accept, or reject in whole or in part, recommendations from the

report and the basis for its recommendation.4. If the Council accepts a report that requires amendment to the Comprehensive Plan or

Unified Development Code, it shall refer the report to the Planning Department forprocessing.


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John Witteveen

7. AcknowledgementsChapter One of the Jacksonville Comprehensive Plan, CivicEngagement, is dedicated to John Witteveen (1909-1992) for hiscommitment to civic engagement, and his work in support of OregonState Senate Bill 100, the landmark legislation that put the people ofOregon into the land use planning process .

The Citizen Involvement Goal

The Citizen Involvement Goal was established in 1992 as part of the City’s 20-year vision. The goal is to provide opportunity for the Jacksonville community to be involved in the ongoing city planning process.

Jacksonville’s Volunteers

The City of Jacksonville is fortunate to have an abundance of volunteers willing to enrich the City with their valuable contributions. Besides the City Council with its elected representatives, Jacksonville has numerous standing commissions and committees, filled with appointed Jacksonville residents who have applied to participate or have agreed to serve when recruited. When necessary, other residents step up to fill positions on Citizen Advisory Committees or Ad Hoc Committees to address specific issues. Equally appreciated are the many residents who participate in service groups to maintain and enhance the quality of life we so enjoy in Jacksonville. Jacksonville’s outstanding volunteers is one of the City’s greatest assets.

Service Organizations

The City acknowledges the contributions made by the many service organizations and individual volunteers who donate time, expertise, and resources to preserving and enhancing Jacksonville’s quality of life.

Chapter One CAC

Dianne Helmer, CAC Chair

Monika Neri, CAC Vice Chair

John Jorgenson, CAC Member

Scott Selbe, CAC Member

Wayne Whiting, CAC Member

Tom Pratum, CCI Liaison

Ian Foster, Planning Director

Dick Converse, RVCOG

Zachery Thompson, Planner

Diane Oliver, Planning Technician



Visitors’ Information Center Management Agreement Renewal

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Jeff Alvis, City Administrator Agenda Item: 6d Synopsis: The previous Management Agreement was a three year term. All terms remain the same. Fiscal Impact: N/A Recommendations: Staff recommends approval with the three year term, ending June 30, 2022. Exhibits: Exhibit A – Visitors’ Information Center Management Agreement

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MANAGEMENT AGREEMENT

THIS AGREEMENT is made on August 6, 2019 between the City of Jacksonville, Oregon, a municipality, referred to below as “City,” and the Jacksonville Chamber of Commerce, a non-profit business association, P. O. Box 33, Jacksonville, Oregon, 97530, phone (541) 899-8118, referred to below as “Manager.”

RECITALS

A. The City desires to maintain a Visitor Services Program to enhance the economic vitality of the City and to increase the number of overnight stays within the City. City Resolution #708 provides the following goal and objectives: Goal: to promote Jacksonville as a desirable, year-round destination Objectives: 1. Create positive, efficient visitor interactions and deliver appropriate and correct destination

information 2. Encourage increased over-night stays 3. Support and promote a variety of activities for visitors 4. Maintain the Visitor Information Center in accordance with the historic character of

Jacksonville 5. Develop and implement promotional campaigns which attract visitors to Jacksonville 6. Effectively fulfill the role of Destination Marketing Office in relation to Travel Oregon, Travel

Southern Oregon and other travel industry associates B The City has recognized and found that it is in the interest of the City and its citizens that a

coordinated, well managed Visitors’ Information Center be made available in the City, and that such is a valid public purpose for the development and use of property which the City owns

C. The City owns the Railroad Depot Building located at 185 N. Oregon Street, which at this time is

being used as a Visitors’ Information Center. If another facility deemed appropriate and approved by the City Council for use as the Visitors’ Information Center becomes available in the future, this agreement may be transferable to that property.

D. Manager is a business organization which is capable of providing quality management of the

City’s Visitors’ Information Center while providing general information services to the public free of charge

NOW, THEREFORE, in consideration of the mutual covenants stated below, and payments to be made as specified, the parties agree:

1. The recitals are incorporated by reference as if fully set forth herein. 2. City grants to Manager the right to operate the Visitors’ Information Center. 3. The purpose of this management agreement is to contract for services and supplies necessary or desirable to the operation of a Visitors’ Information Center. A further purpose is to contract for maintenance of such facilities (except for capital improvements) as are necessary to the proper operation and protection of the improvements of the building.

4. The term of this agreement shall begin upon execution of this agreement, and shall end at midnight, June 30, 2022. Up to two times per year (2-3) representatives of the Board of the Manager and a representative of the Council of the City, along with the City Administrator and Treasurer, shall meet to review progress in the accomplishment of the goals for the Visitors’ Information Center specified in Recital A, incorporated by reference.

5. City assigns the right for all merchandise concession privileges to the Manager so long as such sales are incidental to the primary purpose of providing general information free of charge. City reserves the right to annually approve products and pricing of the products sold in the structure and the hours of operation of the structure. It is understood that such review occurs at the time of audit and/or renewal of the agreement. City has the responsibility to make capital improvements, which City deems in its sole discretion to be reasonable and necessary and will be subject to all local and state development

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regulations including building and health codes and SHPO requirements. The capital improvements will become the property of City of Jacksonville. 6. In consideration of the Management Agreement, the City agrees to compensate Manager as follows:

a. The Manager shall be paid for operating expenses for the operation of the Visitors’ Information Center with fifty percent (50%) of the Transient Lodging Tax received in the fiscal year. The Manager shall provide documentation demonstrating that the amount invoiced relates to the operation of the Visitors’ Information Center and/or the marketing and promotion of the City of Jacksonville and the City will reimburse on a monthly basis with balance of the fifty percent (50%) payable in the last month of the fiscal year.

b. True costs for management of the Visitors’ Information Center will be reflected in

an annual operating budget. Upon expiration of this agreement, a new budget reflecting operations for the upcoming year shall be approved by the City.

c. The Manager may set up a reserve fund with any remaining fund balance at the

end of the fiscal year to be used for ongoing marketing and promotion.

7. In further consideration for this agreement, Manager shall:

a. Provide to City auditors access to accounting records related to the Visitors’ Information Center as necessary for annual audit purposes. City will maintain the confidentiality of accounts records to the extent permitted by law. Failure to provide information required by City auditors will constitute a material breach of this contract;

b. Keep its accounting records in accordance with generally accepted accounting

procedures; c. Furnish such services as are necessary or desirable to the operation of the

Visitors’ Information Center;

d. Be responsible at all times for the routine maintenance and operation of the Visitors’ Information Center. That it will comply with all applicable health, sanitation, environmental, safety and building laws, regulations and ordinances, in as much as the violation is not the result of capital improvement needs. That it will employ appropriate personnel to provide the best possible service to the patrons of the Visitors’ Information Center. Should Manager default in these obligations, such default shall be cured within thirty (30) days of receipt of written notice by City;

e. Not prohibit access to designated City representatives at any time; f. Maintain a working fire alarm and pay all utility costs incurred during the term of

this agreement unless otherwise specified under 18 (d) below; g. Undertake the following as required by ORS 279.312:

(i) Make payment promptly, as due, to all persons supplying to Manager, labor or material for the prosecution of the work provided for this agreement;

(ii) Pay all contributions or amounts due the Industrial Accident Fund from

the Manager or any subcontractor incurred in the performance of this agreement;

(iii) Not permit any lien or claim to be filed or prosecuted against City on

account of any labor or material furnished; and

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(iv) Pay to the Department of Revenue all sums withheld from employees, pursuant to ORS 316.167.

h. As provided in ORS 279.316, no non-exempt employee shall be employed for

more than eight (8) hours in any one day, or forty (40) hours in any one (1) week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the laborer shall be paid at least time and one-half pay for all overtime in excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334.

8. Nothing in this agreement is intended to create in or transfer to the Manager any right to possession or any possessory interest in any real property owned, leased, or otherwise controlled by the City. Nothing in this agreement is intended to grant or otherwise accord manager any right to control any such property independent of, or superior to, the City’s paramount and continuing right to possession and control thereof, including uses and activities thereon. The Agreement shall in all respects be interpreted consistently with this intent, notwithstanding any apparent conflict. 9. Manager shall be responsible for all real and property taxes assessed by the County Assessor. 10. Manager, at its own expense, may construct within the building such improvements as may be necessary for the purpose of this agreement, provided that all such construction shall have the prior written approval, and be accomplished under the supervision of the Jacksonville Building Department. Development plans, layout plans, construction, reconstruction, and alteration of land or improvements, or revision of layout or construction plans for this area must be approved in advance in writing by the City Administrator. Manager shall furnish to City in writing a report of the cost of any and all improvements. 11. Manager agrees to submit for HARC review and approval, the location, size, text, colors, and construction of any proposed exterior signs. 12. Manager agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin, in connection with the performance of work under this contract. These shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recommitment or recruitment; advertising; layoff or termination; rates of pay or other terms of compensation; and selection for conspicuous places, available for employees and applicants for appointment, notices to be provided by City setting forth the provisions of the non-discrimination clause. 13. Manager agrees to comply with all applicable portions of the Americans with Disabilities Act, as it now exists or shall be amended when designing and constructing new improvements. Any alterations to the existing facilities required by the Americans with Disabilities Act will be made by the City. Manager agrees to comply with all other applicable local, state, or federal laws, including those laws pertaining to disabilities, rehabilitation, workers’ compensation, and civil rights. Manager shall comply with the public contract provisions of ORS 279.312, ORS 279.314, and ORS 279.316. 14. Manager agrees that it and its employees will not discriminate because of race, religion, color, or national origin against any person by refusing to furnish such person any accommodation, facility, service, or privilege offered to or enjoyed by the general public. Nor shall Manager or its employees publicize the accommodations, facilities, services, or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, or national origin. Manager agrees to include and require compliance with a provision similar to the foregoing provision in any contract made with respect to the operations to be carried out under this agreement. 15. Notwithstanding anything in this agreement to the contrary, this management agreement cannot be transferred or assigned and Manager shall not enter into any subcontract in connection with this agreement without the prior written consent from the City. 16. Manager, at its own expense, shall provide public liability and property damage insurance in a form satisfactory to City, indicating the City, its officers, elected officials and employees as additional insured. Limits shall be no less than $1,000,000 to any claimant for any number of claims for damage to or destruction of property arising out of a single accident or occurrence; one million ($1,000,000) dollars

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for injury to any one person; and one million ($1,000,000) dollars for total injuries, damages, or both, arising out of a single accident or occurrence. These limits may be changed by sixty (60) days written notice from City. The changes may correspond to changes in City’s potential liability exposure under the Oregon Tort Claims Act as it may be amended. The insurance limits shall not limit the indemnities set out below in paragraph 29. Changes in insurance coverage for public liability and property damage as required by the City which result in increased expense to Manager are contingent upon Manager’s ability to pay. If requirements cannot be met, this agreement becomes null and void. 17. An insurance certificate showing current comprehensive general liability coverage in the amounts stated above shall be provided to City before the effective date of this agreement. Manager shall not cancel the required insurance without thirty (30) days prior written notice to City, at which time a new certificate of insurance evidencing continuous coverage must be provided to City. 18. Manager shall not cause or permit any hazardous substance to be spilled, leaked, disposed of, or otherwise released on the property.

19. City agrees to the following covenants:

a. City shall notify Manger of any proposed land use changes that may affect the operation of the facility;

b. City shall provide insurance, or self-insurance, at the City’s option, on all

improvements; c. City will protect the confidentiality of Manager’s financial and proprietary

information to the extent permitted by law; d. City will supply the Municipal water and sewer; e. City reserves the right to direct any person to leave the premises. Such right

may be exercised by Manager on behalf of the City, provided that the City through its Administrator or designee may supersede any such direction given by the Manager.

20. This agreement obligates Manager to perform personal services of a specialized nature for which City relies upon the personal integrity, special expertise, judgment, experience, contacts, and personal skills of Manager, Manager’s staff, directors, and officers. Therefore, Manager shall not without prior written consent of the City, voluntarily or involuntarily transfer, assign, subcontract, or otherwise alienate any of its rights or obligations under this contract, nor suffer or permit the same through any action of omission. 21. Each covenant in this agreement is deemed to be material. Any breach by Manager of any term or covenant shall be deemed a material breach. In the event that Manager shall fail to perform any of the terms of this agreement, City shall give notice to Manager by certified mail addressed to Manager at Manager’s last known address, specifying the claimed breaches. Manager shall have thirty (30) days from the date of mailing of such notice within which to remedy the default. If the default is not remedied within thirty (30) days, City shall have the right to immediately terminate this agreement. 22. Upon expiration, abandonment, termination, revocation, or cancellation of this agreement for any cause, Manager shall immediately quit the premises. Manager shall have thirty (30) days within which to remove its goods, wares, merchandise, and other personal property not affixed to the real property. Any goods, wares, merchandise, and other personal property not removed shall be deemed abandoned and shall become at once the property of City. Any additions, improvements, or alterations of the premises except for movable furniture and trade fixtures shall become a part of the realty and shall belong to City upon the expiration or termination of this agreement for any cause.

23. City may negotiate another Visitors’ Information Center Management Agreement as it may deem advisable to any person or persons without interference by Manager after termination, expiration, or abandonment, except for compensation as provided below. 24. Dispute resolution. Any dispute between the parties relating to this agreement shall be

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submitted to a panel composed of two (2) representatives of each party. At least one (1) representative of each party shall have the authority to enter into an agreement resolving the dispute, subject to the approval of the City Council.

a) The representatives shall meet within fourteen (14) working days of receipt of written notice of a request by either party for such a meeting to settle the dispute. The parties may agree to retain a mediator and to include any third parties in their negotiations. The parties may agree to implement any procedures or rules that they agree will benefit the settlement process.

b) Should panel negotiations be unsuccessful, no written or spoken representation

made during the course of attempted dispute resolution shall constitute a party admission or be admissible in any subsequent proceedings between the parties related to the dispute. Completion of the procedures outlined in this section shall be a condition precedent to either party’s resort to litigation.

25. In cases of litigation between City and Manager arising out of this contract, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred at trial or upon appeal. 26. In the event of the termination of this agreement prior to its expiration date for reasons other than default on the part of Manager, abandonment by Manager, or wrongful termination or revocation by Manager, City shall pay Manager such sums as the parties agree represent the reasonable value of the improvements made by Manager to the real property and existing at the time of termination of the agreement. In the event the parties cannot agree on the value, the matter shall be resolved in accordance with paragraph 25 above. 27. Pursuant to ORS 305.385(6), Manager hereby certifies under penalty of perjury that to the best of Manager’s knowledge, Manager is not in violation of any Oregon tax laws described in ORS 305.380(4). 28. This agreement is subject to restrictions and encumbrances of record including an Historical Conservation Easement recorded April 15, 1991 by instrument No. 91-07687, Official Records of Jackson County, Oregon.

29. Manager agrees to indemnify, defend and hold City, its officers, elected officials,

employees and agents harmless from any claim, loss, or liability arising out of or related to any activity of

Manager at the Visitor’s Information Center or any condition of the premises of which it is a part in the

possession or under the control of Manager. City shall have no liability to Manager for any injury, loss, or

damage caused by third parties, or by any condition of the Visitor’s Information Center except to the

extent caused by City’s gross negligence or willful breach of duty under this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year written above. CITY OF JACKSONVILLE JACKSONVILLE CHAMBER By Paul Becker, Mayor Robert Roos, Chamber President


Appoint Council Liaison for Committee for Citizen Involvement

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Jeff Alvis, City Administrator Agenda Item: 6e Synopsis: The Committee for Citizen Involvement now has a vacant Council Liaison position, as a result of our recent Councilor vacancy. Mayor Paul Becker will appoint a Councilor as Liaison to the CCI. Fiscal Impact: N/A Recommendations: Mayor Paul Becker to appoint a Councilor as Liaison to the CCI. Exhibits: N/A


New Hire – Administrative Assistant

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Stacey Bray, Asst. Administrator Agenda Item: 6f Synopsis: The City received 25 applications for the Administrative Assistant position, of which 7 applicants were chosen for interviews. The interview panel then selected the top two candidates in ranking order. The top candidate was interviewed a second time by Jeff Alvis and myself. Linda Bennington has been offered the Administrative Assistant position. She comes to us with excellent job skills and experience that makes her an ideal candidate for this position. Fiscal Impact: As budgeted Recommendations: Approval of hiring Linda Bennington for the Administrative Assistant Position. Exhibits: NA


Approval for Deparment of Forestry 2019 Volunteer Fire Assistance Grant

Date: July 30, 2019 City Council Meeting: August 6, 2019 From: Wayne Painter, Interim Fire Chief Agenda Item: 6g Synopsis: The Fire Department has been selected to receive funds from the 2019 Volunteer Fire Assistance Grant, in the amount of $4,235. The grant funds will be designated for Wildland equipment and training. Fiscal Impact: Matching funds in the amount of $4,235, however volunteer hours can be applied to the matching. Recommendations: Staff recommends approval of the VFA grant. Exhibits: Exhibit A – Department of Forestry 2019 Volunteer Fire Assistance (VFA) Grant – Notice of Award and Agreement

Recorder

Typewritten Text

City Council July 16, 2019 Agenda Item 5g Exhibit A

Council Discussion

city of jacksonville city council agenda old city …

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