Despite the fact that Crypto had been found, which already disqualified us from a variance, waiver or exemption from the LT2 rule, the minutes from 5/25/10 state that "Ms. Owen explained [to the Council & public] that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply." [For more on the requirements or a variance, see May 25, 2010 in the timeline below.]
At that meeting, "Council discussed a request to approve the second task order for the LT2 Treatment Project. Ms. Owen stated that the City is now ready to enter the phase of selecting the type of UV equipment." Some on the Council were still hoping for a waiver and none of them, so far as we know, knew that Crypto had already been detected. "With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion [to approve the task order to move forward with UV water treatment] FAILED." (See 5/25/10 packet & minutes)" I seriously doubt that the Council would have voted against moving forward with UV treatment had the April lab report showing Crypto was present in the water been known to them. There are more examples in the timeline and video's linked below which lend credence to the idea that the Council's ignorance about the Crypto in the water supply led them to continue to resist secondary treatment and to hope for the impossible--a variance.
Original Title
Baker City Council 5/25/10 Minutes on p. 2- l6.8.10 Packet
Despite the fact that Crypto had been found, which already disqualified us from a variance, waiver or exemption from the LT2 rule, the minutes from 5/25/10 state that "Ms. Owen explained [to the Council & public] that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply." [For more on the requirements or a variance, see May 25, 2010 in the timeline below.]
At that meeting, "Council discussed a request to approve the second task order for the LT2 Treatment Project. Ms. Owen stated that the City is now ready to enter the phase of selecting the type of UV equipment." Some on the Council were still hoping for a waiver and none of them, so far as we know, knew that Crypto had already been detected. "With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion [to approve the task order to move forward with UV water treatment] FAILED." (See 5/25/10 packet & minutes)" I seriously doubt that the Council would have voted against moving forward with UV treatment had the April lab report showing Crypto was present in the water been known to them. There are more examples in the timeline and video's linked below which lend credence to the idea that the Council's ignorance about the Crypto in the water supply led them to continue to resist secondary treatment and to hope for the impossible--a variance.
Despite the fact that Crypto had been found, which already disqualified us from a variance, waiver or exemption from the LT2 rule, the minutes from 5/25/10 state that "Ms. Owen explained [to the Council & public] that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply." [For more on the requirements or a variance, see May 25, 2010 in the timeline below.]
At that meeting, "Council discussed a request to approve the second task order for the LT2 Treatment Project. Ms. Owen stated that the City is now ready to enter the phase of selecting the type of UV equipment." Some on the Council were still hoping for a waiver and none of them, so far as we know, knew that Crypto had already been detected. "With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, the motion [to approve the task order to move forward with UV water treatment] FAILED." (See 5/25/10 packet & minutes)" I seriously doubt that the Council would have voted against moving forward with UV treatment had the April lab report showing Crypto was present in the water been known to them. There are more examples in the timeline and video's linked below which lend credence to the idea that the Council's ignorance about the Crypto in the water supply led them to continue to resist secondary treatment and to hope for the impossible--a variance.
Tuesday, June 8, 2010 7:00 P.M. Regular Session Baker City Hall Council C Item Staff Person Action 1. Call to Order 2. Pledge of Allegiance/Invocation (Councilor Calder) 3. Roll Call J. Watkins 4. Consent Agenda Motion/Approve a. Minutes of May 25, 2010 Regular Meeting J. Watkins 5. Citizens' Participation 6. Request to Award Bid for Public Works Parts M. Owen Motion/Approve 7. Request to Award Sidewalk Grants M. Owen Motion/Approve 8. Resolution No. 3646 Authorizing Temporary Parking Restrictions J. Watkins Motion/Approve for Elkhorn Classic Stage Race 9. Discussion of Councilor Appointment Process S.Bogart Motion/Approve 10. City Manager/Director Comments 11. Council Comments 12. Adjourn Baker City operates under an EEO policy and complies with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Assistance is available for individuals with disabilities by calling 523-6541. #1) Call to Order #2) Pledge/Invocation #3) Roll Call #4) Consent Agenda a. Minutes of May 11, 2010 Regular Session b. Approval of Fund Exchange Agreements c. National Suildin Safety Proclam . BAKER CITY COUNCIL REGULAR MEETING Tuesday, May 25,2010 The meeting was called to order at 7:00 p.m. by Mayor Dennis Darrah in Baker City Hall Council Chambers. The Pledge of Allegiance and Invocation were led by Councilor Milo Pope. Th ,xt item was requested to be moved to agenda . number 6 as the presenter was present. Taken from staff report: Background: The City of Baker City currently disposes of treated effluent from our wastewater treatment lagoons into the Powder River. The Department of Environmental Quality (DEQ) has informed the City that new limits for discharge will be put in place as the Total Maximum Daily Loads (TMDLs) are determined for the Powder River. These additional limits or restrictions will require the City to modify its current disposal method in order to meet dilution, temperature, storage and other limits. It is anticipated that these new limits will be imposed on the City's next NPDES permit issued within Page I of7 City Council Minutes Regular Meeting April 27, 2010 the next few years. The exact date of required compliance is still unclear, but the indication from DEQ officials is that the next five year permit issued will require the City to make substantial changes to its wastewater disposal process. The 2005 Wastewater Facility Plan adopted by the City Council outlines several options for the City to consider as alternatives for wastewater disposal. Recently engineers from Anderson-Perry and Associates (AP) re-evaluated the alternatives and put together an updated cost comparison of the options. """"J,"'t:. U1 t goon system has several potential den i cies inc t:J 9 storage capacity due to a dilution ratio t, algae blooms causing Total Suspended Solids ( S) c ns, Biochemical oxygen demand (BOD) limits in ~ n rand uture concerns with temperature and turbidity. E c alternative mitigates the issues with our current lagoon fa iii , but at different levels and different costs. Alternatives: The Council can select the low cost option of wetlands reuse and authorize staff to proceed with the first phase of development including land owner discussions and test wells development. This phase could be accommodated within the current rate structure for the next fiscal year. The Council may also select a different disposal option and request staff to proceed with that alternative development. Page 2 of7 City Council Minutes Regular Meeting April 27, 2010 #7) Request for Assistance with Kirkway Reach Project #8) Request for Approv; of Criminal Forfeitu Distribution Agreem. t The Council may delay decision until a later date. It is unlikely that any new options will become available in the near future. It is also unlikely that the cost of proceeding with any of the options will be reduced in the future. Brett Moore, Anderson-Perry, presented options for the Wastewater Treatment Method. The recommended option is the wetlands reuse option at an estimated cost of $4.8 million. After some discussion, Mr. Button made a MOTION to accept the wetlands reuse 0 '. n as the preferred treatment plan. The motion was se ( j ~ c : t by Mr. Pope and, with all in favor, it was APPROVED rN::alrt...etated that a grant is now in 'ng requested to partner 'Il for transporting rock. a 'nitial estimate of Bac'g u d. regon st t e sets the distribution percentages from . Dee of criminal forfeiture. Each County in Oregon can d ermifle nich treatment provider will receive the 40% l ated or.. tJrug treatment. Based on recommendations from th aker County Narcotics Enforcement Team, the District A ~ ey, the Local Public Safety Coordinating Council, the a er County Mental Health Advisory Committee and the /;peal Alcohol and Drug Planning Committee Baker County's focal disbursement plan states that the 40% for drug treatment will be disbursed to the Baker County Drug Courts. This plan has been approved by the Baker County Board of Commissioners and the District Attorney is asking this to be approved by the Baker City Council. Analysis (Include impacts on City resources and community: The Baker City Police Department has an active Page 3 of7 City Council Minutes Regular Meeting April 27, 2010 #9) Request for Approval of Task Order #2 with HDR Engineering for LT2 Treatment Project member of the Baker County Narcotics Enforcement Team, which is primarily involved in these criminal forfeitures. The Baker City Police Department supports the recommendation to allocate the 40% for drug court, as we have seen first hand the success of the program. In addition the program has an accountability factor, for those participants who fail to meet expectations. District Attorney Matt Shirtcliff presented the agreement to Council. In 2001, Oregon passed the Criminal Forfeiture Law. The funds are used to fu . er drug activities in a positive way. In 2007, Baker Co . gan drug court and in that same year the agree .;,t anged to allow 40% of the monies to go to drug 00 rt ope, seconded by Mr. was APPROVED. The City contracted with HDR Engineering, Inc. last s fin to clarify our compliance requirements, determine vailable options and recommend the best alternative. Bryan BI ck, P.E. of HDR, Inc. attended the December 8, 2009 Council meeting to discuss the options in further detail and staff requested and received approval for the recommended alternative of Ultra Violet light treatment. This recommendation was further supported by the Public Works Advisory Committee. Analysis The UV light treatment was selected as the low cost alternative to meeting the EPA requirements. The first phase of the project involves selecting the appropriate equipment. Page 4 of? City Council Minutes Regular Meeting April 27,2010 The equipment is site specific and the procurement of the appropriate equipment requires a high level of technical support. Bryan Black, PE of HDR, Inc. will be assisting City staff with the technical specifications required for our future facility. May Dorrah indicated that he is uncomfortable with sp ntling a large amount of money without clear direction fli m the EPA. He believes that the City may not have to "YVIIJ... lete the treatment project at all. Ms. Owen indicated that City has an unfiltered system, and therefore, must comply. Ms. Calder stated that the information received has been confusing and unclear. Ms. Owen explained that the City can hope for a waiver. However, if any cryptosporidium is discovered, then the City will have to comply. Mayor Dorrah commented that he would like to see something directly from the EPA stating that the City must meet the requirements. Page 5 of7 City Council Minutes Regular Meeting Apri127, 2010 #10) City Manager/Director Comments In response to a question from Mr. Pope, Ms. Owen indicated that this request would only approve the next step in the process. Each task order would be brought to the Council for approval. This will allow the project to proceed in a timely fashion while still allowing for further investigation with the EPA. Mr. Pope made a MOTION to approve the task order. The motion was seconded by Mr. Bass. With Mr. Bass and Mr. Pope in favor, and Mayor Dorrah, Ms. Bonebrake, Ms. Calder and Mr. Button opposed, he motion FAILED. stated that there is another grant available through the Oregon d 'Council comments, Mr. Pope thanked Ms. Owen ~ er presentation at the ASR conference. She was very w II eceived and Baker City is the only city in Oregon that h s permit to do this. Ms. Calder asked if Auburn street is addressed in the ike/Pedestrian grant opportunity. Ms. Calder also asked if there would be an executive session to discuss the pending lawsuit. Mr. Bogart indicated that this would be up to the attorney handling the case. Mr. Bass reminded everyone to have a safe Memorial Day weekend. Ms. Bonebrake applauded the Circuit Court Judge and DA's office on the drug court activities for juveniles. Page 60f7 City Council Minutes Regular Meeting April 27. 2010 #11) Adjourn Mayor Dorrah stated that the City needs to really look at the LT2 project before approving $2 million dollars. With no further business to discuss the meeting was ADJOURNED at 8:25 p.m. SIGNED: _ Mayor ATTEST: ~ _ _ . . . , : ~ ~ - - Page 7 of7 City Council Minutes Regular Meeting April 27. 2010 CITY OF BAKER CITY Meeting Date: June 8, 2010 Agenda Item: ~ Agenda Title: Public Works Ductile Iron Pipe Bid Award Action Statement Type of Action Requested: Resolution No. --- Ordinance No. X Formal Action/Motion ---- ___Other The City's purchasing rules require Council approval of bid awards for purchases over $50,000. Background The City advertised for bids for ductile iron pipe and fittings and received five responses. The Bid Tabulation is attached to this report. The parts include pipe and fittings for completing the approved capital plans for this year and a portion of next fiscal year. The current year budget includes sufficient funds for the purchase of a portion ($100,000) of the pipe requiring delivery before June 30 th with the remainder of the purchase and delivery taking place in the month of July. Analysis (Include impacts on City resources and community) The approved capital plans require ductile iron pipe and fittings in various sizes. The total bid award for this Public Works Ductile Iron Pipe and Fittings Bid will be $441,130.99 if the low bid is awarded. Alternatives 1. Award the bid to the low bidder, HD Fowler. This will allow construction plans to remain on schedule and within budget. 2. Do not award the bid. This will cause a delay in planned work and require additional purchases at higher prices in the future. Recommendation Alternative 1 Is this recommendation supported by an advisory committee? Check those that apply: o Airport Commission o Golf Board o Historic District Design Review Committee o Planning Commission o Public Works Advisory Committee o Transient Lodging Tax Committee o Tree Board o Other o Not Applicable o No. Suggested Motion Move to award the ductile iron pipe and fittings bid to HD Fowler of Hermiston, OR for $441,130.99. (\ /' Prepared by: Michelle Owen, Public Works Director '"IXtr City of Baker City Bid No. 2010-02 Ductile Iron Pipe Bid Tabulation 3-Jun-10 $1,490.00 $872.99 $706.95 $410.63 $402.00 $3,252.60 $3,202.20 $3,467.52 $3,202.92 $3,213.00 $1.805.00 $1,063.23 $856.57 $497.53 $487.25 $1,650.00 $971.88 $782.97 $454.78 $445.50 CITY OF BAKER CITY Meeting Date: June 8, 2010 Agenda Item: 7 Agenda Title: Sidewalk Grant Award Action Statement Type of Action Requested: ___ Resolution No. ___ Ordinance No. X Formal Action/Motion ---- Other --- The City Council is required by Resolution 3643 to approve qualified sidewalk grant applications received during the most recent application period. Background In August of 2008 the City Council approved Ordinance No. 3284 which imposed a sidewalk utility fee for the purpose of providing funds for construction, reconstruction and maintenance of sidewalks within the public right of way. The ordinance requires that at least 25% of the fees collected be set aside for a property owner grant matching program. In April of this year Resolution No. 3643 was passed which defined the rules for the 2010 property owner grant program authorizing up to 75% of the sidewalk utility fees collected to be used for property owner grants. Analysis (Include impacts on City resources and community) The application period for this year's property owner grant program began May 3 rd and closed June 1st. The grant was well advertised in the newspapers, website and via posted flyers. The eligible grant applications are summarized on the attached spreadsheet. We received 25 applications totaling $16,804. There are sufficient dollars available to meet the requested grants. The funds available for grants total $20,875. The applications received total $16,804. This leaves $4,071 remaining for additional grants if the Council chooses to extend the deadline for 30 days and allow for additional applications to be submitted. This is the process that was used in 2009. The new applications could be considered for award at the first Council meeting in July. Alternatives 1. A. Approve the eligible grants as listed on the attached spreadsheet in the amount of $16,804. B. Extend the application period for 30 additional days to allow for additional property owners to apply for the remaining $4,071 in grant funds. 2. Do not approve some or all of the grants. Recommendation Approve Alternatives 1 A. and 1B. Is this recommendation supported by an advisory committee? Check those that apply: o Airport Commission o Golf Board o Historic District Design Review Committee o Planning Commission o Public Works Advisory Committee o Transient Lodging Tax Committee o Tree Board o Other o Not Applicable o No. Suggested Motion Move to approve the grant applications as submitted and extend the deadline until June 30, 2010 for the remaining funds. Prepared by: Michelle Owen, Director of Public Works ? 2010 Sidewalk Utility Fee Grant 1 2010 dM 3t J R A r f ,ppJ lea Ions ecelve ay 0 une , klI Date Siibm.:i! r Applic'itiOJilNb.i Ir lir total siie"oti I I: ,
..... . ,s I. "'" '!J, !!_I?'" IIiJp . ft.)a fII I .. $Z/sq. ft.)Jf
5/412010 2010-01 1540 Valley Avenue 260 sq. ft. $ 520.00
5/4/2010 2010-02 2015 Chestnut Street 500 sq. ft. $ 1,000.00 5/5/2010 2010-03 415 2nd Street 685 sq. ft. $ 1,000.00 51712010 2010-04 2050 Oak Street 150 sq. ft. $ 300.00 517/2010 2010-05 2I55 Clark & 1525 Broadway 500 sq. ft.* $ 1,000.00 517/2010 2010-06 2483 Court Avenue 307.5 sq. ft. $ 615.00 5/10/2010 2010-07 3655 Plum Street 75 sq. ft. $ 150.00 511112010 2010-08 2515 Valley Avenue 260 sq. ft. $ 520.00 5111/2010 2010-09 2038 Grove Street 212.5 sq. ft. $ 425.00 511812010 2010-10 1000 Court Avenue 595 sq. ft. $ 1,000.00 5119/2010 2010-11 2511 Court Avenue 250 sq. ft. $ 500.00 5/24/2010 2010-12 1206 Broadway St. 300 sq. ft. $ 600.00 5/26/2010 2010-13 3450 9th Drive 350 sq. ft. $ 700.00 5/2612010 2010-14 1505 Washington Ave. 432 sq. ft. $ 864.00 5/27/2010 2010-15 2290 7th Street 569 sq. ft. $ 1,000.00 5/2712010 2010-16 2225 6th Street 435 sq. ft. $ 870.00 5/2812010 2010-17 3000 Grandview Drive 185 sq. ft. $ 370.00 5/28/2010 2010-18 24018th Street 515 sq. ft. $ 1,000.00 5/28/2010 2010-19 3030 Grandview Drive 55 sq. ft. $ 110.00 5128/2010 2010-20 2340 Church Street 175 sq. ft. $ 350.00 611/2010 2010-21 1315 Walnut Street 255 sq. ft. $ 510.00 611/2010 2010-22 2345 3rd Street 505 sq. ft.* $ 1,000.00 6/112010 2010-23 2514 Valley Avenue 200 sq. ft. $ 400.00 611/2010 2010-24 2750 Madison Street 530 sq. ft. $ 1,000.00 61112010 2010-25 1945 8th Street 825 sq. ft. $ 1,000.00 r,OT:AL GRA&MONE'flI&aURSEE1;fPHASBIi a';' d W'1:au' "'16,804.00, *Property owner awarded sidewalk grant last year. TOTAL SIDEWALK GRANT DOLLARS DISBURSED $ 16,804.00 CITY OF BAKER CITY Meeting Date: June 8,2010 Agenda Item: t Agenda Title: Authorizing Temporary Parking Restrictions for Elkhorn Classic Stage Race Type of Action Requested: [gJResolution No. DOrdinance No. D Formal Action/Motion D Other 3646 Action Statement With approval of this resolution, Council will enact temporary parking restrictions downtown for the Elkhorn Classic Stage Race. Goal Addressed n/a Background Once again, organizers are planning the annual Elkhorn Classic Stage Race to be held in Baker County on June 18, 19 and 20, 2010. The third stage, the criterium event, is scheduled to be held in downtown Baker City on Saturday, June 19. Analysis The criterium event is a race around several city blocks. In order to provide for the safety of the riders, we need to eliminate parked vehicles along the race's course. The City Council has, in the past, approved a resolution authorizing a temporary restriction of parking within the course. Signs announcing this temporary restriction must be posted at least three days in advance. As in previous years, much care will be taken to locate those people whose cars are parked in a restricted area. The race is meant to be fun for both the riders and the spectators. Alternatives 1. Approve Resolution No. 3646. 2. Do not approve Resolution No. 3646. This would jeopardize the ability of race organizers to hold this event downtown. The race brings about 400 riders to the area and is reportedly one of the best events for many retailers downtown. Recommendation Alternative 1 Is this recommendation supported by an advisory committee? Check those that apply: o Airport Commission o Golf Board o Historic District Design Review Committee o Planning Commission o Public Works Advisory Committee o Transient Lodging Tax Committee o Tree Board o Other _ Not Applicable D No. Explanation: Suggested Motion MOTION to approve Resolution No. 3646. Prepared by:__ C=o.:.:,m:.:.m:.:,:u::.:n:.:,:i.:.ltvl...iD=ev.:.;e:::,:l..:,o.c;p.:.:,m.:.;:e:.:.:n:.,:.t.:D;..:.:ir:.,:e;.:;c.:;:to:::.:r __ RESOLUTION NO. 3646 A RESOLUTION AUTHORIZING TEMPORARY PARKING RESTRICTIONS FOR DOWNTOWN BICYCLE RACE. WHEREAS, the downtown area of the City of Baker City will be the site of a regional bicycle race on Saturday, June 19,2010, and WHEREAS, this race will take the form of a criterium which involves a number of laps around a certain number of city blocks, and WHEREAS, in order to provide for the safety of the competitors in this race, the streets must be free of all parked vehicles, and WHEREAS, the City Council wishes to enact temporary parking restrictions for the streets to be used in said bicycle race, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baker City, Oregon. that parking along the following streets shall be prohibited on Saturday, June 21,2008, between the hours of 9:30 a.m. and 8:00 p.m.: East and west sides of Main Street from Broadway Street to Auburn Avenue; North and south sides of Broadway Street from Main Street to Second Street; East and west sides of Second Street from Broadway Street to Washington Avenue; North and south sides of Washington Avenue from First Street to Second Street; East and west sides of First Street from Washington Avenue to Valley Avenue; North and south sides of Valley Avenue from First Street to Main Street. PASSED by the City Council of Baker City, Oregon, and signed by the Mayor of Baker City, Oregon, this 8th day of June, 2010. Mayor ATTEST: _ City Recorder .... II = I ~ tMllttWlDn ... D ...-.-. STUDY AREA BOUNDARY BAKER HISTORIC DISTRICT- - -- e= 1 JI CITY OF BAKER CITY Meeting Date: June 8, 2010 Agenda Item: 4 Agenda Title: Discussion of Councilor Appointment Process ~ p e of Action Requested: UResolution No. DOrdinance No. [gJ Formal Action/Motion D Other Action Statement Councilor Andrew Bryan has resigned his position on the Baker City Council. The City Council needs to decide on a process for selecting a replacement. Goal Addressed N/A Background Mr. Bryan resigned his position on the Baker City Council May 28, 2010. The City Charter makes provision for the City Council to appoint a replacement. The City will need to confirm eligibility for the office. Any person considered for appointment must be a qualified elector and a resident of the City for at least 12 months prior to appointment. There is no direction in the Charter as to the method of selection or any timelines. The Charter is clear in that the appointee will serve until the expiration of the term of the predecessor who has left the office vacant. In this case it will be until the first council meeting in the year immediately following the election (January 2011). Analysis This City Councilor position is up for election this November, so the term of any appointment is for less than seven (7) months. Leaving the position vacant until filled by election could be an option though it could possibly create issues with meeting quorums and perceptions of a more limited perspective. Additionally, the City Charter indicates that the vacancy "shall be filled by a majority of the Council." Choosing to leave the position vacant may not meet the intent of the City Charter language. City Councils in the past have selected candidates in various ways: Open recruitment, i.e. asking interested residents to fill out an application followed by interviews Councilor recommended candidates Individuals who ran for the office of Baker City Councilor in the last election and have a continued interested in being a councilor. Alternatives 1) Not fill the position 2) Create an open recruitment process 3) Accept recommendations from Councilors 4) Accept recommendations from the community 5) Accept offers of interest of former candidates for the City Council Recommendation Any of the alternatives listed above with the exception of #1 (Not filling the position) is viable to the Manager. Is this recommendation supported by an, advisory committee? Check those that apply: D Airport Commission D Golf Board D Historic District Design Review Committee D Planning Commission D Public Works Advisory Committee D Transient Lodging Tax Committee D Tree Board D Other _ f2] Not Applicable D No. Explanation: Suggested Motion Council Discretion Prepared bY:__ __ ~ LEAGUE of Oregon CITIES P.O. Box 928 Salem, Oregon 97308 (503) 588-6550 (800) 452-0338 Fax: (503) 399-486 www.orcities.org By May 24,2010 Dear Chief Administrative Official: For the last three months eight policy committees have worked very diligently to identify and propose specific actions as part of the league's effort to develop a pro-active legislative agenda for the 2011 session. They have identified 28 legislative objectives as set forth in the enclosed ballot and legislative recommendations materials. These objectives span a variety of issues and differ in the potential resources required to seek their achievement. Therefore, it is desirable to prioritize them in order to ensure that efforts are focused where they are most needed. Each city is being asked to review the recommendations of the policy committees and provide input to the Board of Directors as it prepares to adopt the league's 2011 legislative agenda. After your city council has had the opportunity to review the 28 proposals and discuss them with your staff, please return the enclosed ballot (please note that the ballot is double sided) indicating the top four issues that your city council would like to see the league focus on in the 2011 session. The deadline for response is July 16, 2010. The Board of Directors will then review the results of this survey of member cities, along with the recommendations of the policy committees, and determine the league's 2011 legislative agenda. Your city's participation and input will assist the Board in creating a focused set of specific legislative targets that reflect the issues of greatest importance for cities. Thank you for your involvement, and thanks to those among you who gave many hours of time and expertise in developing these proposals. Do not hesitate to contact me or any member of the Intergovernmental Relations Department with questions. Sincerely, Craig S. Honeyman Legislative Director cc: Oregon Mayors (letter only) "Getting it done for Oregon's cities!" INSTRUCTIONS I. Each city should submit one form that reflects the consensus opinion of its city council on the top four legislative priorities for 2011. 2. Simply place an X in the space to the left of the city's top four legislative proposals. 3. The top four do not need to be prioritized. 4. Return by July 16 111 via mail, fax or e-mail to: Angela Carey League of Oregon Cities P.O. Box 928 Salem, Oregon 97308 Fax - (503) 399-4863 acarey@orcities.org Thank you for your participation. City of: Please mark 4 boxes with an X that reflect the top 4 issues that your city recommends be the priorities for the League's 2011 legislative agenda. Community Development o A. Support an urban growth boundary agenda that would provide for a more efficient urban growth management system (as outlined in the full Community Development Committee long-term recommendation). oB. Support legislation that would: I) create an exception to allow cities to propose and adopt population forecasts using a specified methodology, taking into consideration certain factors; 2) include conflict resolution procedures between cities and counties when adopting or amending population forecasts. o C. Support legislation that provides conflict resolution procedures between cities and counties when adopting or amending an urban growth boundary or urban reserve area. o D. Continue efforts to resolve the conflicts between the Transportation Planning Rule (TPR) and other statewide land use planning goals by changes to Oregon Department of TransportationlDepartment of Land Conservation and Development (ODOTIDLCD) procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "S" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Energy oE. Reauthorize the Business Energy Tax Credit (BETC) to leverage local investments in energy conservation, fuel conservation, renewable energy projects, as well as recruitment and expansion of renewable energy resource equipment manufacturing facilities. Finance & Taxation OF. Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably, brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. oG. Maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula. Any additional taxes or surcharges on these items must be incorporated into the current formula so cities may continue to provide services related to these revenues. o H. Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. General Government o I. 9-1-1 tax for pre-paid cell phones. OJ. Restore the Department of Public Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. oK. Attach municipal court fines to tax returns. Human Resources oL. "Manager" designation for local governments. OM. Lengthen time for last best offer submission from 14 days to 28 days. ON. Allow employers to require paperless pay. 00. Work to achieve healthcare cost containment and protect local decision making authority in benefit design. o P. Allow employees to choose alternative retirements option and protect the integrity and stability of Public Employee Retirement System (PERS). o Q. Eliminate the requirement for employers to provide identical health benefits for retirees as they do for active employees. Telecommunications OR. Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have led to declining revenues. Work towards an alternative revenue system for telecommunications providers. Oppose preemption of city franchising, rights-of-way and taxing authority_ Transportation OS. Resolve the disconnect between the Transportation Planning Rule (TPR) and other statewide land use planning goals. (Note: this priority is duplicative of priority "D" forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Turn overfor more issues LOC Policy Committees' Legislative Recommendations Priority Community Development A. Support an urban growth boundary agenda that will: o Determine problems to the current urban grown boundary and urban reserve system from a statewide perspective; o Consider different policies for the annexation of areas that are pre-urbanized (those that receive services annexations vs. greenfield annexations (those without current services); o Evaluate upcoming Court of Appeals decision re: 1,000 Friends v. LCDC/City of Woodburn for parameters to codify clear standards/rational basis in ORS 197.298 for the use of higher priority land with less appeal opportunity; o Streamline the Oregon Land Conservation and Development's (LCDC) review of urban growth boundary and urban reserve decisions by adding a "raise it or waive it" requirement to such reviews. o Propose conflict resolution procedures between cities and counties when adopting or amending urban growth boundaries or urban reserves; o Consider legislation that would allow the sequential adoption of urban growth boundary expansion components for cities over 25,000. o Consider the effects of the transportation planning rule on urban growth boundary management; o Consider the concerns of individual cities per their recent urban growth boundary, urban reserve and annexation experiences; and o Propose appropriate legislation. Description Appeals of urban growth management amendments are growing exponentially, and are time-consuming and expensive for cities. The Community Development Committee recognizes that long term solutions require a broad, systemic approach that may take extensive evaluation. Surveys, work groups, focus groups, and professional and technical assistance from city planners and attorneys will be used to evaluate and formulate appropriate changes to existing statutes to provide a more efficient urban growth boundary management system. Page 1 of 7 LOC Policy Committees' Legislative Recommendations Finance & Taxation - .. ~ ~ . -. F. Take an active role in facilitating Severe limitations imposed on local governments by Measure 5 and 50 to raise revenue and promoting processes and have seriously jeopardized the ability of cities to provide essential services and foster measures to bring about an economic growth. A comprehensive property tax fix is necessary which, along with overhaul of the state property tax equity, stability, and a stronger correlation between assessed value and real market value, system. The outcomes of this should include an allowance for local control in setting appropriate long term local tax overhaul must create a system rates and grant consideration of the impact of the state's school funding methods on the which taxes property equitably, property tax system. To this end, in a multi-year effort, the League of Oregon Cities will brings assessed values closer to take a lead and active role in forming a coalition to facilitate conversations across the state real market values, and is stable and develop an education program to inform legislators and the public of the current crisis and predictable to both and the options available. governments and taxpayers. G. Maintain and strengthen the state's State Shared Revenue stand as a historical commitment by the state to local governments; historic commitment to the State cities accepted preemptions on certain taxes and fees in exchange for a state promise to Shared Revenue funding formula. share in their revenues of liquor, cigarettes, 9-1-1, and gasoline taxes. These distributions Any additional taxes or surcharges are a critical facet of each cities' ability meet increased demands on local services from on these items must be alcohol related incidences, traffic impacts, and public safety issues. Any further cuts to incorporated into the current State Shared Revenue will jeopardize the ability of cities to provide essential services. formula so cities may continue to The state should respect local government's reliance on State Shared Revenue and honor provide services related to these its historic commitment. revenues. H. Allow local governments a more Current preemption restricts cities to control of just 30 percent of their own local transient flexible use of transient lodging lodging revenue. Tourism activities can place increased demands on city infrastructure tax to meet the increased demands and services, but this preemption necessitates these added costs be borne by local placed both on essential services residents rather than tourists and may jeopardize the ability of cities to provide other and infrastructure created by essential services. Increasing city flexibility in the use of local transient lodging revenue tourism activities. lessens the burden on local residents. General Government -" I. 9-1-1 tax for pre-paid cell phones. Support legislation to require pre-paid cell phones to contribute to pay 9-1-1 tax as all other telephones capable of dialing 9-1-1 do. J. Restore the Department of Public Work to restore regional training services and other critical services provided by DPSST. Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. K. Attach municipal court fines to tax Support legislation to allow municipal and other local courts to seize income tax returns to returns. pay delinQuent municipal court fines. Human Resources ~ ". .. L. "Manager" designation for local Allow cities to designate an employee as a "managerial employee" under the PECBA for governments. purposes of collective bargaining (currently limited to only the State). M. Lengthen time for last best offer Currently when a strike-prohibited union advances their collective bargaining to Interest submission from 14 days to 28 Arbitration, the parties' Last Best Offers (LBOs) are not due until 14 days prior to the days. actual hearing. ORS 243.746(3). This leads to a number of problems/issues: 0 If the parties' submit their LBOjust 2 weeks prior to the actual hearing, only to discover that they are "very close" to a possible settlement, they can be discouraged from settling since the 14-day time frame is beyond most arbitrators cancellation policy. In other words, the parties still have to pay the full cost of the arbitrator fees for each day of the scheduled hearing and any non-refundable travel costs. o The 14-day period does not encourage either party to get to their "bottom-line" until just before a hearing. o Most hearing exhibits are developed in conjunction with a parties LBO, including costing of the LBOs. Therefore, many of the exhibits are unnecessarily delayed in development until you see the other party's LBO. This would also apply to the decision Page 3 of7 LOC Policy Committees' Legislative Recommendations Oregon has a strong commitment to planning, and the nexus between land use and transportation planning has become very evident. While this has properly contributed to good coordination between land use and transportation development, it also creates adverse impacts due to the mismatch between planning requirements, development timelines and the availability of financial and other resources. This can sometimes impede development and create conflicts with other statewide land use goals. The sheer complexity of issues attendant to land use and transportation planning can result in confusion or even conflict between competing goals and priorities. Objectives such as reduction of vehicle miles traveled, transit-based land use, increased population density in some urban areas (UGBs), reduction in greenhouse gas emissions, compliance with other clean air standards, and interchange and access management are but a few of the interests, sometimes competing, that factor into transportation fland use policy discussions. Transportation S. Continue efforts to resolve the disconnect between the Transportation Planning Rule (TPR) and other statewide land use planning goals. The TPR should: o Be used as a growth management tool that avoids burdening cities with unintended transportation consequences which unduly add to the cost of city infrastructure; o Be consistent with land use decisions; o Not be used to effect a moratoriumon growth; o Encourage partnerships to avoid disproportional funding contributions from local jurisdictions. (Note: this priority is duplicative of priority "D" forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) T. Ensure that existing and new transportation/land use planning requirements, especially those established to address greenhouse gas emissions and other air quality issues, are developed with the following caveats: o Cities are stakeholders in the policy-making process and are to be included in all discussions. o Asense of proportionality should be maintained, taking into account the transportation sector's contribution to the problem. o There must be a commitment to identifying and collecting new revenue to assist cities with compliance. o There is clarity with regard to governance authority and accountability. I ., - ",' j 1 Page 5 of7 LOC Policy Committees' Le islative Recommendations Y. Enact legislation establishing a "shared road" designation allowing cities, within established criteria, to set speed limits below the state-mandated minimum of 25 mph on roads that have limited capacity but are nevertheless utilized by motor vehicles, bicyclists and pedestrians. WaterlWastewater Z. Support establishing statewide product stewardship programs to ensure recycling or proper disposal of toxic products at the end of their Iifecycle. AA.Recapitalize state municipal infrastructure funds to fully meet local demand on as sustained basis and fully leverage federal matching funds for water and wastewater infrastructure. BB.Protect existing and future water rights from conditions that would prevent municipalities from meeting current or future demands. o Limit new ecological flow conditions to projects funded through HB 3369 (2009); and o Oppose water use limits that interfere with approved water rihts. Product stewardship programs improve water quality and reduce the environmental and health impacts of products that contain toxins through product-supported recycling and disposal programs. These programs reduce the burden on municipalities and others to implement water treatment technologies and other costly programs. The Oregon Legislature created an "E-Waste" product stewardship program for recycling computers and electronic waste in 2007 and a pilot product stewardship program for architectural paint in 2009. Additional stewardship programs could include products such as pharmaceuticals, batteries, and lighting that contains mercury. The state's Special Public Work Fund and the WaterlWastewater Fund are used to finance water and sewer systems, public buildings, road construction, downtown revitalization, energy and communications facilities, land acquisition, environmental clean-up, and port facilities. The state also must provide a 20 percent match to leverage federal funds available through the Safe Drinking Water State Revolving Fund and Clean Water State Revolving Fund. State revolving funds have failed to keep pace with growing local infrastructure demand that totals billions of dollars statewide. Due to the unique nature of municipal water suppliers' need to plan for growth and infrastructure investment, cities often "grow" into water rights over time before those rights become certificated water rights. Cities currently must develop a Water Management and Conservation Plan (WMCP) for approval by the state to maintain these water rights. Special interests, however, have called for new municipal water use standards and limits that would affect existing water rights. Page 7of7