10032024 City Council Regular Meeting

Agenda Shady Cove Regular City Council Meeting Thursday, October 3, 2024 6 PM Join Zoom Meeting https://zoom.us/j/9722923260?omn=93948141758 Meeting ID: 972 292 3260 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Announcements/Proclamations by Presiding Officer A. This meeting is being digitally recorded. B. Next City Council: October 17, 2024 at 6 PM (Council Chambers and Zoom) C. Next Planning Commission: October 10, 2024 at 6 PM, (Council Chambers and Zoom). D. Next Recreation & Tourism Commission: October 9, 2024 at 5:00 PM (Library). E. The next Emergency Management Commission: October 14, 2024 at 6 PM (Library). F. Combined City Council and Planning Commission Workshop with guest Josh LeBombard from DLCD, Tuesday, November 12, 2024 at 6:00 PM. City Hall G. These meeting dates and times are subject to change. H. Anyone wishing to address the City Council concerning items of interest may do so. The person addressing the Council must complete a Public Comment Card and submit it to the City Administrator prior to the meeting. All remarks will be addressed to the whole City Council and limited to 3 minutes per person. Public Comments may also be submitted by email to the City Administrator, at mparry@shadycove.org, no later than 4:00 PM the day of the meeting. The Council reserves the right to delay any action, if required, until such time as they are fully informed on the matter. 5. Public Hearings 6. Public Comment on items on the agenda (other than public hearings) 7. Consent Agenda A. Minutes of 9/5/2024 B. Minutes of 9/5/2024 State of Emergency C. Minutes of 9/19/2024 D. Bills Paid 9/14/2024 – 9/26/2024 total $7,495.30 8. Items removed from the consent agenda 9. Current Grants Updates A. $1.5 million drinking water grant – open B. Transportation grant – waiting for contract from DLCD C. SCA-North Cleveland-October 11, 2024, completion D. SCA-South Cleveland-Warranty work-October 11, 2024, completion Agenda Page 1 of 2 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) 878-2225. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II). 09/27/2024 Council Packet Page 1 of 40 council packet numbering differs from document page numbering Shady Cove City Council Meeting Thursday, September 5, 2024 Agenda Page 2 of 2 10. Staff Reports A. Commission/Committee Reports B. City Administrator 11. New Business A. Appointments to Committees/Commissions  Natalie Swendener B. Grant of Easement between City of Shady Cove and Natale V. Ra-Action C. Presentation: Spectrum/Charter  Draft Franchise Agreement D. Flower Baskets-Decision 12. Old Business A. NW Natural/Hiland Water-Status B. STR and Fencing Ordinance-Status C. Audit-Status D. Welcome Sign-Status 13. Written Comments on items not on the agenda 14. Council comments and Liaison report 15. Adjournment 09/27/2024 Council Packet Page 2 of 40 council packet numbering differs from document page numbering  Minutes City Council Regular Meeting Thursday, September 5, 2024, 6:00 PM Meeting was held at City Hall and on Zoom 1. Call to Order Mayor Ball called the Regular City Council Meeting to order at 6:00 PM. 2. Roll Call Council Present: Councilor Hubbard, and Councilor Mitchell, Councilor Winfrey Council President Kathy Knuckles was excused from this meeting. Staff Present: Michele Parry, City Administrator 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Announcements/Proclamations by Presiding Officer Mayor Ball made the announcements on the agenda. 5. Public Hearings 6. Public Comment on items on the agenda (other than public hearings) 7. Consent Agenda A. Minutes of 8/01/2024 B. Minutes of 8/15/2024 C. Bills Paid Motion to accept the minutes of August 1, 2024, and August 15, 2024, and the Bills paid dated August 10, 2024 – August 30, 2024, total amount of $2,930.67 Motion: Councilor Mitchell Second: Councilor Winfrey Motion Carried: 4-0 8. Items removed from the consent agenda. 9. Staff Reports Jackson County Deputy-Sheriff Nate Sickler-I came up to Shady Cove due to the water situation but wanted to bring you up to date with other issues at the Sheriff’s office. Drug laws change on September 1, 2024, making it challenging for law enforcement and other public safety partners because of the widespread overdoses and associated issues caused by drug use and abuse. In Jackson County there is a backlog of work causing a crisis. Jackson county has the highest number of unrepresented defendants. This has caused a huge backlog. At 7:00 PM tonight, Hiland water pump and water should be restored. They will turn services on. It is uncertain when the boil water advisory will be lifted. Hopefully tonight or tomorrow morning water will be back to normal service. 09/27/2024 Council Packet Page 3 of 40 council packet numbering differs from document page numbering 09052024 Minutes Shady Cove City Council Regular Meeting Page 2 The deputies assigned to Shady Cove really like serving here and we appreciate the support. Any concerns or problems, my door is always open. The Board of Commissioners have put the new jail build on pause to ascertain where the community is with wanting a new Jackson County Jail. There will be town halls to get the thoughts of the people in the future. Fire Chief-Travis Crume-FD4- The Governor established a council in collaboration with the Oregon Department of Forestry and the University of Oregon to develop a wildfire risk assessment. This effort led to the creation of the Oregon Wildfire Risk Explorer map. Jackson County and Klamath County were identified as some of the highest-risk areas in the state. One issue with the original fire code was the lack of distinction between "high risk" and "extreme." It was decided to eliminate the "extreme" classification, leaving the categories as high, moderate, and low. FD4 is now taking initiative-taking steps to distribute funds within the community for fire prevention through a grassroots program. As part of this initiative, FD4 will visit homeowners’ properties to conduct assessments, identifying areas where fuel reduction efforts are needed. We have also purchased a chipper that will be available to process landscaping debris on-site, leaving wood chips for homeowners to use if desired. The program has received an excellent response, with nearly 90 property surveys completed to date. This initiative is part of the Community Wildfire Risk Reduction (CWRR) program, funded by grant money. The program’s focus extends beyond the first 100 feet surrounding critical infrastructure, aiming to establish community-wide fire breaks and implement additional wildfire mitigation strategies. To schedule an assessment, chipper service, or trailer, please contact us at 541-261-0292. Additionally, you can scan the QR code on our sandwich board or visit JCFP4.com to complete the survey. Water Emergency: The City and Jackson County are distributing water for those Hiland customers. The hours people can drive by and receive water are from 8 AM to 8 PM. If there were a structure or wildfire emergency the fire department would send a water tender with staff to suppress the fire. Jackson County Fire District 4 can also piggyback off other fire districts to keep the water pumping. Planning Commission-John Edwards-We are working on the parking ordinance, and we have several meetings coming up. Emergency Management Commission-Jay Taylor-Jay was excused to hand out water at the Fire District. Liaison Councilor Hubbard mentioned concerns of getting water to our elderly citizens who cannot get out of their houses. It will be a big challenge for the 09/27/2024 Council Packet Page 4 of 40 council packet numbering differs from document page numbering 09052024 Minutes Shady Cove City Council Regular Meeting Page 3 commission to find out those individual addresses, especially when there are declarations of emergency. Amid the ongoing water shortage, discussions have arisen about how the city will ensure water access for residents who are unable to leave their homes or lack transportation. It is hoped that the Emergency Meeting Commission will address this challenge and develop a policy for how it will be managed moving forward. Recreation and Tourism Commission-Mary Pulcini- Additionally, the commission has sought the City's input on whether to proceed with the scheduled Shady Cove Birthday Party in light of the water crisis. While being mindful of the situation and its impact on the community, it has been decided to move forward with the birthday party as planned. City Administrator-Michele Parry-Been working on the state of emergency and water shortage. 10. New Business A. Appointments to Committees/Commissions Motion to appoint Conrad Patrao to the Planning Commission, position number 4, until June 30, 2025. Motion: Councilor Hubbard Second: Councilor Mitchell Motion Carried: 4-0 Motion to accept the application for Stephanie Willis for the Planning Commission, position number 3, until June 30, 2025. Motion: Councilor Mitchell Second: Councilor Hubbard Motion Carried: 4-0 Motion to appoint Nancy Martin to the Emergency Management Commission, duration to be determined. Motion: Councilor Hubbard Second: Councilor Winfrey Motion Carried: 4-0 B. RVSS Amendment Motion to accept the Shady Cove Franchise Agreement Amendment No. 2, dated September 5, 2024. Motion: Councilor Mitchell Second: Councilor Hubbard Motion Carried: 4-0 11. Old Business A. Follow up Letter to Governor and Marine Board from the City about the Jet Boat to be submitted as soon as possible. The Letter, read aloud by Councilor Hubbard. 09/27/2024 Council Packet Page 5 of 40 council packet numbering differs from document page numbering 09052024 Minutes Shady Cove City Council Regular Meeting Page 4 Motion to accept the draft of the letter to primarily the Oregon State Marine Board, dated September 5, 2024, signed by John Ball, the Mayor. Motion: Councilor Mitchell Second: Councilor Hubbard Motion Carried: 4-0 12. Written Comments on items not on the agenda Jeff Barber-would like to have reports from the Jackson County Deputies and the Fire Chief. There are lots of people who would love to read and make reports so Shady Cove operates effectively. Debbie Nielson-we live on Castaline in Shady Cove and we have an easement between our property and our neighbors. We were here a few months ago speaking about easements and wondered what the progress of that is. Discussion ensued. Hank Hohenstein-Tom Landis, September 30, 2024, talking about planting for the monarch butterfly in the library, 5:30 PM – 8:00 PM with Mr. Landis speaking from 6:00 PM – 7:00 PM. Four more of our butterflies will be released from their chrysalis to make their journey back to California, making a total of seven butterflies. Homegrown National Park have come up with a tremendous program for children, if the council would like to discuss further to introduce native species plants. Discussion ensued. Mary Pulcini-a little concerned about the kind of business coming into Shady Cove and wondered what the plan for is getting buildings full of businesses. It is disappointing to see more smoke shops, thrift stores and CBD stores going in. Staff was instructed to create a workshop for economic development plan and find out the right procedures for the City of Shady Cove. 13. Council comments and Liaison reports Councilor Hubbard- I live on Rogue River Drive, across from Rene, and around 12:30 AM, a car stopped in front of my house and began honking its horn. My wife went outside and noticed a fire next door in the neighbor’s yard along the road. The honking car was simply trying to alert someone. 911 had already been called. I immediately grabbed our water hose, as well as the neighbors, and started to help. It would have been easy to think, "It’s not my house, not my problem," but we didn’t, and I’m grateful for that. I want to express my sincere thanks to the Council, commissions, and all the volunteers for their dedication and hard work. At this time, I am announcing my resignation from the City Council, as I believe I can make a greater impact as an active member of the community rather than as a council member. I will be submitting my letter of resignation tomorrow and extend my gratitude to everyone. 09/27/2024 Council Packet Page 6 of 40 council packet numbering differs from document page numbering 09052024 Minutes Shady Cove City Council Regular Meeting Page 5 Councilor Winfrey- I am sorry to see Councilor Hubbard step down and deeply appreciate his contributions. Serving on the Council is challenging, especially when it is difficult to discern the truth amidst assumptions, insinuations, or misinformation, particularly on platforms like Facebook where so much is uninformed. That being said, thank you for your service, and I’m looking forward to the City’s Birthday Party on Saturday. Councilor Mitchell- Thank you all for attending and for your kind words regarding my eyelids. The mayor asked us to review HB 3115 and discuss it with the Planning Commission. After reviewing it, both the Planning Chair and I agree that HB 3115 currently doesn't have much relevance to Shady Cove. Unfortunately, I’ll miss the City’s Birthday Party on Saturday as I’ll be attending the annual car show at Lake of the Woods. Councilor Hubbard, I’m sorry to see you go, and I appreciate your active involvement during your time on the Council. Motion was made at 7:53 PM to extend the meeting 15 minutes. Motion: Councilor Winfrey Second: Councilor Hubbard Motion Carried: 4-0 Mayor Ball-For those who were not present at 2:00 PM today, we made the decision to declare a state of emergency for the City due to the ongoing water shortage. What concerns me most about working with any private business providing essential services in a situation like this is the conflicting information we're receiving. As a City, we are doing our best to verify the facts before sharing them with our residents. The information we received from Hiland on Sunday downplayed the severity of the situation. As Sunday turned into Monday and then Tuesday, Hiland's update stated that the problem would be resolved by midnight on Tuesday, which again proved inaccurate. We were growing increasingly frustrated, as our residents were facing their fourth and fifth days without water, and more concerningly, no assistance from Hiland was being provided to our community. We urge all residents affected by Hiland Water crisis to remain vigilant about the water entering their homes, ensuring it is properly treated. The Oregon Health Authority and Jackson County Health Authority have issued a boil water notice, and it will remain in effect until further notice. The City is actively working to address this crisis and will be partnering with Jackson County to provide water for pickup at Fire District No. 4, available daily from 8:00 AM to 8:00 PM until Sunday evening. At that time, we will reassess the situation and determine the next steps for the city. Discussion ensued. 09/27/2024 Council Packet Page 7 of 40 council packet numbering differs from document page numbering 09052024 Minutes Shady Cove City Council Regular Meeting Page 6 14. Adjournment There being no further business before the Council, Mayor Ball adjourned the meeting. At 8:14 PM. Approved: Attest: ___________________________ _________________________ Mayor Ball Michele Parry City Administrator Council Vote: Mayor Ball _____ Councilor Nuckles _____ Councilor Winfrey _____ Councilor Mitchell _____ Councilor Hubbard _____ 09/27/2024 Council Packet Page 8 of 40 council packet numbering differs from document page numbering  Minutes Shady Cove Emergency Meeting & Declaration Thursday, September 5, 2024 2 PM 1. Call to Order Mayor Ball called the meeting was called to order at 2:00 PM 2. Roll Call Council Present: Councilor Mitchell, Councilor Hubbard, Mayor Ball Staff Present: Michele Parry, City Administrator The Pledge of Allegiance was recited. 3. Announcements/Proclamations by Presiding Officer This meeting is being digitally recorded emergency meeting has been called due to the water shortage, combined with the weather, and the fact that you need to declare an emergency to qualify for emergency assistance. 4. New Business Consideration of Resolution 24-07 declaring an emergency in the City of Shady Cove due to a water shortage. RECITALS: A. Hiland Water provides potable water to a substantial portion of Shady Cove. B. Hiland Water experienced a pump failure, leading to water shortages, boil water advisories, and leaving many residents without access to clean water. C. The foregoing circumstances affect the entire city limits of the City of Shady Cove. D. The foregoing circumstances are ongoing and expected to persist indefinitely. NOW, THEREFORE, The City of Shady Cove resolves as follows: Section 1. It is declared that a state of emergency now exists in the City of Shady Cove, encompassing all of the area within the City limits. Section 2. The Mayor (or in the event the mayor is unable or unavailable, the person in the succession of authority enumerated in Shady Cove Municipal Code Section 33.03) is hereby authorized to take such actions as set forth in Shady Cove Municipal Code Section 33.04. Discussion followed. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) 878-2225. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II). 09/27/2024 Council Packet Page 9 of 40 council packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, September 5, 2024 Page 2 of 3 The City of Shady Cove is declaring an emergency to bring in outside services from the county and the state to provide drinking water. Depending on how much longer this situation persists, we may also arrange for showers, non-potable water for flushing toilets, and other necessities. Until then, the county is here with us, and they have already met with the state. We are well into the process, with an additional 30 pallets of water on the way. Move to approve Resolution 24-07 declaring an emergency in the City of Shady Cove due to a water shortage. Motion: Councilor Mitchell Second: Councilor Hubbard Motion Carried: 3-0 The City of Shady Cove will serve as the main point of contact for public information. We are limited to what NW Natural/Hiland Water communicates to us. All we can do is share the information they provide. It is not our system. We are not working on the system, and neither the county nor the state will be working on the system. It is a privately owned system. What we are trying to do is ensure that our residents have access to drinking water. If this situation persists, we will also arrange for showers, non-potable water for flushing toilets, etc. Our primary concern, from the city's standpoint, is the well- being of our residents to the best of our ability. The state will not be providing a pump or installing a new one. It is the responsibility of the private entity that owns the system to fix it. We will provide updates three times a day initially. Information will be relayed from NW Natural/Hiland, through myself and the city administrator, to the county, to the chief, and then to the public via our website, on the board, and through media outlets once a day until the situation is resolved. This declaration is intended to secure services and support from local emergency management, county commissioners, and the state to ensure the care of our residents. Discussion followed. 09/27/2024 Council Packet Page 10 of 40 council packet numbering differs from document page numbering Shady Cove City Council Meeting, August 1, 2024 Page 3 of 3 5. Adjournment Meeting adjourned at 2:38 PM Approved: Attest: ___________________________ _________________________ Mayor Ball Michele Parry City Administrator Council Vote: Mayor Ball _____ Councilor Nuckles _____ Councilor Winfrey _____ Councilor Mitchell _____ In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (541) 878-2225. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II). 09/27/2024 Council Packet Page 11 of 40 council packet numbering differs from document page numbering  Minutes City Council Regular Meeting Thursday, September 19, 2024 Meeting was held at City Hall and Zoom 1. Call to Order Mayor Ball called the Regular City Council Meeting to order at 6:00 PM. Motion for a recess until 6:25PM Motion: Mayor Ball Second: Councilor Nuckles Motion Carried: 4-0 Mayor Ball re-called the Regular City Council Meeting to order at 6:25 PM. The Pledge of Allegiance was recited. 2. Announcements/Proclamations by Presiding Officer Roll Call Council Present: Councilor Nuckles, Councilor Mitchell Council attending on Zoom: Councilor Winfrey Staff Present: Michele Parry, City Administrator Mayor Ball made the announcements on the agenda. 3. Public Comment on items on the agenda (other than public hearings) None 4. Consent Agenda A. Bills Paid 8/31/2024 – 9/13/2024 $23,002.41 Motion to approve bills paid 8/31/2024-9/13/2024 for $23,002.41. Motion: Councilor Mitchell Second: Councilor Nuckles Motion Carried: 4-0 5. Items removed from the consent agenda 6. Staff Reports A. Jackson County Deputy-none B. Fire Chief Travis Crume, FD4 – none C. Commission/Committee Reports Planning Commission - John Edwards  John Edwards welcomed two new Commissioners. A discussion followed. Page 1 of 5 09/27/2024 Council Packet Page 12 of 40 council packet numbering differs from document page numbering 09192024 Minutes Shady Cove Regular City Council Meeting Page 2 of 5 Recreation and Tourism Commission-Councilor Nuckles provided an update in the absence of Mary Pulcini.  The Commission is struggling to define the vision for the city and has requested a workshop with the City Council to discuss a vision and beautification plan for the City of Shady Cove.  The Birthday Party event was successful and came in under budget. Councilor Winfrey also reported that it went very well.  November 11 - Continental Breakfast (mark your calendars).  Fall banners will be displayed once the flower baskets are removed.  4-Seasons Flower Baskets are taking orders for next year.  Stephanie Willis was removed from the Commission due to work Commitments.  Two openings on the commission will be advertised on the City reader board. Emergency Management Commission - Jay Taylor  A workshop meeting is scheduled for Tuesday, September 23, 2024.  Nancy Martin was welcomed on the Committee, and she is expected to be a great addition.  The recent water crisis served as a learning experience, revealing shortfalls that we will address moving forward.  We will be updating the volunteer contact list, determining who will manage it, creating an Incident Command System (ICS), and outlining protocols for activation and escalation at different levels of emergency City Administrator - Michele Parry  The work on North & South Cleveland is expected to be completed by the second week of October 2024.  Landscaping improvements are underway at City Hall.  The City Hall/Library/URCC sign will be moved across the street.  Progress is being made on the Welcome Sign, and a Monument Ordinance is under discussion.  A letter from the City Council regarding the Upper Rogue River was emailed.  On October 2, 2024, Mayor Ball, President Kathy Nuckles, and the City Administrator will present to the Oregon State Marine Board at Rogue Community College, Medford Campus. 09/27/2024 Council Packet Page 13 of 40 council packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, September 19, 2024 Page 3 of 5 7. New Business A. Appointments to Committees/Commissions • None B. City Council Vacancy-Action Filling Vacancy City of Shady Cove • Notice to include someone with availability in the morning and evenings. • Understanding of Roberts Rules of Order • Applications will be accepted with the appointment being held off until after the election Motion to have staff advertise the vacancy on the City Council. And that the process for interview will not happen until after the 2024 election. Motion: Councilor Mitchell Second: Councilor Winfrey Motion Carried: 4-0 C. NW Natural/Hiland Water – Discussion • It is unclear who Sunstone Water LLC is. • The 50-acre water rights are not substantial. • There is apprehension about moving forward with any agreements until a restored and functioning system is in place, along with a clearer plan for the future. • It is recommended to hold a public meeting in Shady Cove to ensure that those affected are made whole again. A Discussion followed. Motion to table NW Natural/Hiland Water, Sunstone Water LLC paperwork until further notice. Motion: Councilor Mitchell Second: Councilor Nuckles Motion Carried: 4-0 Staff to set up a workshop on Land Use Agreements, Franchise Agreements, Right of Way Agreements. D. Spectrum/Charter Franchise Agreement-Discussion • Franchise Agreements • Right of Way Agreements • Council to adopt an ordinance for approving City Right of Way Agreements • Cable is different and must have a franchise agreement and is capped at 5%. • Broadband can be taxed at 7% 09/27/2024 Council Packet Page 14 of 40 council packet numbering differs from document page numbering 09192024 Minutes Shady Cove Regular City Council Meeting Page 4 of 5 Motion to table the Spectrum/Charter Franchise Agreement work until we have had a chance to clarify with Spectrum/Charter what services they’re offering to us and for Council to get smarter on the kinds of franchise, right of way agreements. Motion: Councilor Nuckles Second: Councilor Mitchell Motion Carried: 4-0 E. Water hooks up for shared well use for adjacent commercial building next to the 2.3 acres-Discussion • An agreement will be created outlining a shared well agreement between buyer and sellers. A Discussion followed. 8. Old Business A. Workshop with EMC and City Council Liaison assignment • Mayor Ball will be taking on the liaison assignment. • Looking forward to the ICS program and procedures 9. Oregon State Marine Board • City of Shady Cove is scheduled to speak at the October 2, 2024, board meeting. • The outline was presented to City Council for discussion informing the Council that the outline follows the letter that was sent. • Public Comment starts at 1:30 pm, people can sign up and we urge anyone to reserve a spot 10. Written Comments on items not on the agenda • Denise-Indian Creek-Requesting alternative parking when events are held at Aunt Carolines’ Park.  The City will work on a better way get event supplies into the park to help with the congestion • Sandra Barber-Website-thank you to the City for the website improvements, and the information has been valuable • Hank Honstein-Go Native Now-Reminder of the September 30th Tom Landis Event at the Library, 5:30 PM – 7 PM  We released 4 monarch butterflies  Early Happy Birthday to Mr. Honstein- turning 93 years old. 09/27/2024 Council Packet Page 15 of 40 council packet numbering differs from document page numbering Shady Cove City Council Minutes Thursday, September 19, 2024 Page 5 of 5 11. Council comments and Liaison reports A. Councilor Winfrey • Happy Birthday Mr. Hank. Love to hear about the Butterflies and will miss the event. • Thank you everyone else for coming • Please put something on the reader board for Keeping Oregon Green and not littering. B. Councilor Mitchell • Thank you for coming and for the support • Excited to get started on the new monument sign and working with Recreation and Tourism C. Councilor Nuckles • I missed the last meeting; it was the only one I’ve missed and there was an emergency. I felt so bad about not being here and putting in the time to help our residents. • Thank you all for coming tonight D. Mayor Ball • Thank you for coming and patience and hanging in there with us with our technical zoom issues. • Audits: 2021-2022 is now complete. 2022-2023 is reconciling and moving faster than the previous audits. We’re going to keep plugging along to get them all done. 12. Adjournment Meeting adjourned at 7:49 PM Approved: Attest: ___________________________ _________________________ Mayor Ball Michele Parry City Administrator Council Vote: Mayor Ball _____ Councilor Nuckles _____ Councilor Winfrey _____ Councilor Mitchell _____ 09/27/2024 Council Packet Page 16 of 40 council packet numbering differs from document page numbering City of Shady Cove Paid Invoice Report Page: 1 Check issue dates: 9/14/2024 - 9/26/2024 Sep 26, 2024 02:44PM Report Criteria: Detail report type printed Vendor Invoice Invoice Invoice Discount Check Check Check Number Name Number Description Seq Date Amount Amount Amount Number Issue Date 24 Canon Financial Services, I 34934383 Contract charge 09/01/202 1 09/12/2024 203.82 .00 203.82 1002 09/18/2024 Total 24: 203.82 .00 203.82 39 Crystal Fresh 710525 City Hall bottled water 1 06/30/2024 198.00 .00 198.00 51393 09/18/2024 Total 39: 198.00 .00 198.00 43 Christian, David 09022024 Radio 09/02/2024 -09/06/2 1 09/06/2024 90.00 .00 90.00 51391 09/18/2024 09092024 Radio 09/09/2024 -09/13/2 1 09/13/2024 90.00 .00 90.00 51391 09/18/2024 Total 43: 180.00 .00 180.00 54 Fiserv Solutions, Inc. 2493711 Utility Bills quantity 1000 1 01/06/2023 899.38 .00 899.38 51394 09/18/2024 Total 54: 899.38 .00 899.38 139 Shady Cove Hardware, LL 09012024 nails, screws, nuts, fuse, k 1 09/01/2024 158.43 .00 158.43 51398 09/18/2024 Total 139: 158.43 .00 158.43 160 Teamster Local 223 10012024 Monthly dues October 202 1 09/15/2024 248.00 .00 248.00 51399 09/18/2024 Total 160: 248.00 .00 248.00 168 URCC 00090911202 office space rent 7-1-2024 t 1 09/11/2024 840.00 .00 840.00 51401 09/18/2024 00090911202 Rental of Comm. Center B 2 09/11/2024 20.00 .00 20.00 51401 09/18/2024 Total 168: 860.00 .00 860.00 221 Hunter Communications 698691 phone/internet 1 09/09/2024 702.26 .00 702.26 51395 09/18/2024 Total 221: 702.26 .00 702.26 235 Playcraft Systems, LLC INV-0001205 Swing seat infant, seats sh 1 08/29/2024 615.84 .00 615.84 51397 09/18/2024 Total 235: 615.84 .00 615.84 237 Safeguard Business Syste 9005757680 OTC cash receipt-planning 1 09/13/2024 402.43 .00 402.43 1003 09/18/2024 Total 237: 402.43 .00 402.43 257 AT&T Mobility 2872860888 Cell phones 1 09/05/2024 392.69 .00 392.69 51390 09/18/2024 Total 257: 392.69 .00 392.69 258 WECO - Carson CP-0027962 Gas/Diesel 08/2024 1 08/31/2024 359.75 .00 359.75 50794 09/20/2024 CP-0028145 Gas/Diesel 09/2024 1 09/16/2024 230.10 .00 230.10 50795 09/20/2024 Total 258: 589.85 .00 589.85 264 Upper Rogue Independent 2864092024 Invoices from 8/30/2024, J 1 08/30/2024 125.00 .00 125.00 51400 09/18/2024 09/27/2024 Council Packet Page 17 of 40 council packet numbering differs from document page numbering City of Shady Cove Paid Invoice Report Page: 2 Check issue dates: 9/14/2024 - 9/26/2024 Sep 26, 2024 02:44PM Vendor Invoice Invoice Invoice Discount Check Check Check Number Name Number Description Seq Date Amount Amount Amount Number Issue Date Total 264: 125.00 .00 125.00 430020 Confident Staffing, Inc. 50490 P. Lybarger seasonal work 1 09/08/2024 486.96 .00 486.96 51392 09/18/2024 50506 P. Lybarger seasonal work 1 09/15/2024 486.96 .00 486.96 51392 09/18/2024 Total 430020: 973.92 .00 973.92 430055 OGEC AIE20632 Oregon Government Ethic 1 09/06/2024 945.68 .00 945.68 51396 09/18/2024 Total 430055: 945.68 .00 945.68 Grand Totals: 7,495.30 .00 7,495.30 Report Criteria: Detail report type printed 09/27/2024 Council Packet Page 18 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 19 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 20 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 21 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 22 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 23 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 24 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 25 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 26 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 27 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 28 of 40 council packet numbering differs from document page numbering  FRANCHISE AGREEMENT This Franchise Agreement (“Franchise”) is between City of Shady Cove, Oregon, hereinafter referred to as the “Grantor” and Spectrum Pacific West, LLC, an indirect subsidiary of CHARTER COMMUNICATIONS, INC., hereinafter referred to as the “Grantee.” The Grantor hereby acknowledges that the financial, legal, and technical ability of the Grantee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future cable-related needs of the community and having afforded the public adequate notice and opportunity for comment, desires to enter into this Franchise with the Grantee for the construction and operation of a Cable System on the terms set forth herein. 1. Definitions: a. “Cable Act” means the Cable Communications Policy Act of 1984, P.L. 98-549, 47 U.S.C. §521 Supp., as it may be amended or superseded. b. “Cable System,” “Cable Service,” and “Basic Cable Service” shall be defined as set forth in the Cable Act. c. “Franchise” means the authorization granted hereunder of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a Cable System within the Franchise Area. d. “Franchise Area” shall mean the geographic boundaries of the Grantor, and shall include any additions thereto by annexation or other legal means. e. “Gross Revenues” means all revenues, as determined in accordance with generally accepted accounting principles, actually received by Grantee from Subscribers residing within the Franchise Area for Cable Services purchased by such Subscribers on a regular, recurring monthly basis. Gross Revenues shall not include (1) any taxes, fees or assessments collected by the Grantee from Subscribers for pass-through to a government agency, including, without limitation, the FCC user fee, franchise fee, or sales or utility taxes; (2) bad debt; (3) credits, refunds and deposits paid to Subscribers; and (4) any exclusion available under applicable state law. f. “Standard Installation” shall mean installations to residences and buildings that are located up to 125 feet from the point of connection to Grantee’s existing distribution system. g. “Streets” means the public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, alleys, all other rights-of- way and easements, including but not limited to public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter, and the public grounds, places or water within the geographic boundaries of Grantor. 1 09/27/2024 Council Packet Page 29 of 40 council packet numbering differs from document page numbering  h. “Subscriber” means any person lawfully receiving any Cable Service from the Grantee. 2. Granting of Franchise. The Grantor hereby grants to Grantee a non-exclusive Franchise which authorizes the Grantee to erect, construct, operate and maintain in, upon, along, across, above, over and under the Streets now in existence and as may be created or established during its terms; any poles, wires, cable, antennae, underground conduits, manholes, and other conductors, fixtures, equipment and other facilities used for the construction, operation and maintenance of the Cable System, upon the terms and conditions set forth herein. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal or state law. 3. Term. The Franchise shall be for a term of ten (10) years, commencing on the Effective Date of this Franchise as set forth in Section 16. This Franchise will be automatically extended for an additional term of five (5) years, unless either party notifies the other in writing of its desire to not exercise this automatic extension (and enter renewal negotiations under the Cable Act) at least three (3) years before the expiration of this Franchise. If such a notice is given, the parties will then proceed under the federal Cable Act renewal procedures. 4. Use of the Streets and Dedicated Easements. a. Grantee shall have the right to use the Streets of the Grantor for the construction, operation and maintenance of the Cable System, including the right to repair, replace and enlarge and extend the Cable System. b. The facilities of the Grantee shall be installed underground in those Service Areas where existing telephone and electric services are both underground at the time of system construction and may be installed underground in other areas at the discretion of Grantee. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the Grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground. In the event Grantor or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Grantee shall be similarly reimbursed. c. Grantee shall have the right to remove, trim, cut and keep clear of the Cable System, the trees in and along the Streets of the Grantor. 5. Maintenance of the System. a. Grantee shall at all times employ ordinary care in the maintenance and operation of the Cable System so as not to endanger the life, health or property of any citizen of the Grantor or the property of the Grantor. 2 09/27/2024 Council Packet Page 30 of 40 council packet numbering differs from document page numbering  b. All construction practices and installation of equipment shall be done in accordance with all applicable sections of the National Electric Safety Code. c. The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC’s rules and regulations as they may, from time to time, be amended. 6. Service. a. Prior to initiating construction in the Franchise Area, Grantee may terminate this Franchise without penalty upon written notice to Grantor. b. Grantee shall have the right, but not the obligation, to extend the Cable System into any portion of the Franchise Area, including annexed areas. Cable Service offered to Subscribers pursuant to this Franchise shall be conditioned upon Grantee having legal access on reasonable terms and conditions to any such Subscriber’s dwelling unit or other units wherein such Cable Service is provided. c. The Cable Service will be provided at Grantee’s published rate for standard installations if such residence is a Standard Installation. Grantee shall not be obligated to provide service to any area where it is financially or technically infeasible to do so. Grantee at its discretion may make Cable Service available to businesses within the Service Area. d. The Grantor shall promptly provide written notice to the Grantee of its annexation of any territory which is being provided Cable Service by the Grantee or its affiliates. Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days’ written notice from the Grantor, subject to the conditions set forth below and subsection (a) above. The Grantor shall also notify Grantee in writing of all new street address assignments or changes within the Franchise Area. Grantee shall within ninety (90) days after receipt of the annexation notice, pay the Grantor franchise fees on revenue received from the operation of the Cable System to provide Cable Services in any area annexed by the Grantor if the Grantor has provided a written annexation notice that includes the addresses that will be moved into the Franchise Area in an Excel format or in a format that will allow Grantee to change its billing system. If the annexation notice does not include the addresses that will be moved into the Franchise Area, Grantee shall pay franchise fees within ninety (90) days after it receives the annexed addresses as set forth above. All notices due under this section shall be sent by electronic or certified mail, return receipt requested to the addresses set forth in Section 13 with a copy to the Director of Government Affairs. In any audit of franchise fees due under this Agreement, Grantee shall not be liable for franchise fees on annexed areas unless and until Grantee has received notification and information that meets the standards set forth in this section. 3 09/27/2024 Council Packet Page 31 of 40 council packet numbering differs from document page numbering 7. Insurance/Indemnity. a. The Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows: Workers’ Compensation Statutory Limits Commercial General Liability $1,000,000 per occurrence, $2,000,000 General Aggregate Auto Liability including coverage on $1,000,000 per occurrence Combined all owned, non owned hired autos Single Limit Umbrella Liability $1,000,000 per occurrence b. The Grantor shall be added as an additional insured, arising out of work performed by Grantee, to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage. c. The Grantee shall furnish the Grantor with current certificates of insurance evidencing such coverage upon request. d. Grantee hereby agrees to indemnify and hold the Grantor, including its agents and employees, harmless from any claims or damages resulting from the negligent actions of Grantee in constructing, operating or maintaining the Cable System. Grantor agrees to give the Grantee written notice of its obligation to indemnify Grantor within ten (10) days of receipt of a claim or action pursuant to this section. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify Grantor for any damages, liability or claims resulting from the willful misconduct or negligence of Grantor or for the Grantor’s use of the Cable System. 8. Revocation. a. Prior to revocation or termination of the Franchise, the Grantor shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of substantial noncompliance with a material provision of the Franchise. The notice shall set forth the exact nature of the noncompliance. The Grantee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If Grantee has not cured the breach within such sixty (60) day time period or if the Grantor has not otherwise received a satisfactory response from Grantee, the Grantor may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. 4 09/27/2024 Council Packet Page 32 of 40 council packet numbering differs from document page numbering  b. At the hearing, the Grantor shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript and a certified copy of the findings shall be made available to the Grantee within ten (10) business days. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Grantor de novo. c. Upon revocation of the Franchise, Grantee may remove the Cable System from the Streets of the Grantor, or abandon the Cable System in place. 9. Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other state or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall, within thirty (30) days of a written request from Grantee, modify this Franchise to insure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Grantee’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice. As an alternative to the Franchise modification request, the Grantee shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Grantee’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 9 shall be deemed a waiver of any remedies available to Franchisee under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545. 10. Compliance with Laws. Grantor and Grantee shall conform to all applicable state and federal laws and rules regarding cable television as they become effective. Grantee shall also conform with all generally applicable Grantor ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. In the event of a conflict between Grantor ordinances, resolutions, rules or regulations and the provisions of this Franchise, the provisions of this Franchise shall govern. 11. Change in Law. Notwithstanding any other provision in this Franchise, in the event any change to state or federal law occurring during the term of this Franchise eliminates the requirement for any person desiring to provide video service or Cable Service to obtain a franchise from the Grantor, then Grantee shall have the right to terminate this Franchise and operate the system under the terms and conditions established in applicable law. If Grantee chooses to terminate this Franchise pursuant to this provision, this Franchise shall be deemed to have expired by its terms on the effective date of any such change in law, whether or not such law allows existing franchise agreements to continue until the date of expiration provided in any existing franchise. 5 09/27/2024 Council Packet Page 33 of 40 council packet numbering differs from document page numbering 12. Confidentiality. If Grantee provides any books, records or maps to the Grantor, the Grantor agrees to treat as confidential such books, records or maps that constitute proprietary or confidential information. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by state and federal law, it shall deny access to any of Grantee’s books, records or maps marked confidential to any person. 13. Notices, Miscellaneous. a. Unless otherwise provided by federal, state or local law, all notices, reports or demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. In accordance with applicable law, Grantee shall provide notice of any changes in rates, programming services or channel positions using any reasonable written means. As set forth above, notice served upon the Grantor shall be delivered or sent to: Grantor: City of Shady Cove PO Box 1210 22451 Highway 62 Shady Cove, OR 97539 Email: mparry@shadycove.org Grantee: Spectrum Pacific West, LLC 222 NE Park Plaza Drive, Suite 231 Vancouver, WA 98684 Email: cara.trautmann@charter.com Copy to: Charter Communications Attn: Vice President, Government Affairs 601 Massachusetts Ave. NW, Suite 400W Washington, DC 20001 b. All provisions of this Franchise shall apply to the respective parties, their lawful successors, transferees and assigns. c. If any particular section of this Franchise shall be held invalid, the remaining provisions and their application shall not be affected thereby. d. In the event of any conflict between this Franchise and any Grantor ordinance or regulation, this Franchise will prevail. 14. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty relating to 6 09/27/2024 Council Packet Page 34 of 40 council packet numbering differs from document page numbering  noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Grantee’s Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary. 15. Franchise Fee. a. Grantee shall pay to the Grantor annually an amount equal to 5% percent of the Gross Revenues for such calendar year. Franchise fees may be passed through to Subscribers as a line item on Subscriber bills or otherwise as Grantee chooses, consistent with federal law. b. The amount of franchise fee and the method of calculation shall be competitively neutral when compared to the amount or method of calculation of the franchise fee in any other cable franchise or authorization to provide video service granted by Grantor. In the event any other cable franchise or authorization to provide video service provides for a lesser franchise fee than this Franchise, Grantee’s obligation to pay a Franchise Fee under this Section 15 shall be reduced by an equivalent amount. c. Each year during which the Franchise is in force, Grantee shall pay Grantor no later than forty-five (45) days after the end of each calendar quarter the franchise fees required by this section. Grantor and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5111-42-11.05 (Franchise Fees Subject to Audit). Any audit shall be conducted in accordance with generally applicable auditing standards. Grantor and/or its designee may be required to execute a non-disclosure agreement with the Grantee prior to inspection of the Grantee's financial records. Enforcement of such requirements and standards and the penalties for non-compliance with such standards shall be consistent with 65 ILCS 5111-42-11.05. 16. Effective Date. The Franchise granted herein will take effect and be in full force from such date of acceptance by Grantee recorded on the signature page of this Franchise. 17. Acceptance and Entire Agreement. The Grantor and the Grantee, by virtue of the signatures set forth below, agree to be legally bound by all provisions and conditions set forth in this Franchise. The Franchise constitutes the entire agreement between the Grantor and the Grantee. No modifications to this Franchise may be made without an appropriate written amendment signed by both parties. Any determination by the Grantor regarding the interpretation or enforcement of this Franchise shall be subject to de novo judicial review. If any fee or grant that is passed through to Subscribers is required by this Franchise, other than the franchise fee, such fee or grant shall go into effect sixty (60) days after the Effective Date of this Franchise. 7 09/27/2024 Council Packet Page 35 of 40 council packet numbering differs from document page numbering  Considered and approved this 3 day of October, 2024 City of Shady Cove, Oregon Signature: Mayor, Jon Ball, City of Shady Cove Name/Title: Accepted this ____ day of ____, 2024, subject to applicable federal and state law. Spectrum Pacific West, LLC By: Charter Communications, Inc., Its Manager Signature: Name/Title: 8 09/27/2024 Council Packet Page 36 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 37 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 38 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 39 of 40 council packet numbering differs from document page numbering 09/27/2024 Council Packet Page 40 of 40 council packet numbering differs from document page numbering