MISSION STATEMENT: TO PROVIDE A SAFE, HEALTHFUI AND SOUND ECONOMIC ENVIRONMENT,

'ROGRESSIVEI.Y ENHANCING OUR QUATITY OF LIFE

STUDYSESSION AGENDA

CITY COUNCIL - CIW OF ONTARIO, OREGON

MoNDAy, NoveNasen 7, 20L6, L2:OO p.M., M.T.

CArrro ORDER

Roll Call: Norm Crume _ Tessa Winebarger _ Charlotte Fugate _ Mafi Justus _Larry Tuttle _ Betty Carter _ Mayor Ron Verini _

PLEDGE oF ALI.EGIANCE

This Agenda was posted on Thursday, November 3, 2016. Copies of the Agenda are available at the City Hall Customer Service

Counter and on the city's website at www.ontariooregon.org.

MonoN To ADoPTTHE AGENDA

Puguc CoMMENT'S: Citizens mayaddressthe Council; however, Council may not be ableto provide an immediate answeror response.

Out of respect to the Council and others in attendance, please limit your comment to three (3) minutes. Please state your name and

city of residence for the record.

Consent AgendaA) Minutes of Regular Meeting of tO/10/2016 . . . . . . 1-10

B) Resolution#2015-130:FundCommercial Washer/DryerUnitforOntarioFireDept.. ..... 11-13

C) Approval of the Bills

5) Presentation: Fund/Budget Outlook - Adam Brown, City Manager . . . . 14

New Business

A) Ordinance #272O-20t6; Lift Station Sewer Project (1d Reading) . . . . . 15-20

B) Ordinance #272L-20I6: OMC 3-11-2 Change to Tax Administrator Definition (ld Reading) . . . . 2!-22C) Ordinance #2722-2016: OMC 8-5-5(E), 5(G) Cemetery Language (1n Readins) . . . . . . . 23-25

PuBuc HEARING

A) Ordinance #2779-2QL5: SatherDedication ofPropertyonGoodfellow(EmersencyPassare)........... 26-33

CoRRESPoNDENCE, CoMMENTS AND Ex-OFFlcto REpoRTs

ADJOURN

The Citv Council mov recess/odioum to Executive Session under ORS 792.6642) os follows: (o) Employment of Public fficers, Employees, orAgents; (b) Discipline of Public fficers, Employees, ond Agents; (d) Lobor Negotiotions; (e) Reol Property Trcnsoctions; (f) Exempt Public Records;

(g)Trode Negotiations; {h) Litigotion [Currentor Potential]/Consultwith LegolCounsel; (i) Performonce Evdluotion ofPublic Offcers ond Employees;

A) Trode Negotiotions; ond/or (l) Lobor Negotiotions.

ThecwofontariodesmtdiscriminateinpDvidinga@$toitspEgEG,*iicesandagtivitiesonthes

working day priorto the need for seryices and every reasonable effort to ac@mmodate the need will be made.

1)

2l

3)

4)

s)

7l

8l

e)

10)

A

n

CONSENT

AGENDA

ITEMS

City of Ontario 44 sw 4th street Ontario, OR 979L4

CITY COUNCIT MEETING MINUTES

October t.O,?.OLG

The regular meeting of the Ontario City Council was called to order by Mayor Ronald Verini at 7:00 p.m. on Monday,October tO, 20!6, in the Council Chambers of City Hall. Council members present were Ronald Verini, Norm Crume,Betty Carter, Marty Justus, and Charlotte Fugate. Tessa Winebarger and Larry Tuttle were excused.

Members of staff present were Adam Brown, Tori Barnett, Cal Kunz, Kari Ott, Dan Cummings, Cliff Leeper, BetsyRoberts, and Larry Sullivan.

The meeting was recorded and copies are available at City Hall.

Norm Crume led everyone in the Pledge of Allegiance.

WORK SESSION NOTES

Items discussed/presented ot the Thursdoy, October 6, 2076 work session included:5) Department Head Updotes:

A) Police Deportment Quarterly Report-Cal Kunz, Police Chief

B) Humon Resources: Anita Zink, HR Monoger6) Presentations:

A) Expenditures Outlook: Kari Ott, CPA, Oster Professionol Group/Finance DeportmentB) Traffic Slowing Alternatives: Betsy Roberts, Gty Engineer/CH2M

C) Downtown Revitolizqtion Recommendotions: Betsy Roberts, Oty Engineer/CHZM

D) Acceptance of Tree Donotion: Adom Brown, Oty Manager

& Hand-Outs/Discussion ltems:

A) Minutes: County Court 09/27/2O16B) Department Stats: Fire/Rescue O9/2076; CH2M/PW 08/201.6

C) SREDA Annuol Meeting NoticeD) Finoncials/Check Register

Action taken on 64 Expenditures Outlook: Council consensus to research ond move forword regording PERS.

Action taken on 6C Downtown Revitolization Recommendations: Council consensus to qlloflinstall ongle parking for von

spdces downtown. Further, there was Council consensus to move forward on utilizing blue signs for parking. C-ouncil

consensus to move forword on reseorching the offer of red bows for downtown holiday decorating on power poles/street

light poles. Council consensus to have staff put the fog coating and painting project together, with o project dote of May7n, weother pe rmitti ng.

Regarding 7A on the Agenda, the Bid Award for Special lnspections and Services during Construction regording theWater Treotment Plant Construction Services given by Betsy Robefts, she wos osked by Council to bring furtherinformation to the Council, before the 7:00 p.m. Council Meeting with regard to previous discussion and/or directiontaken by the Council for this odion. Eledronic distribution was opproved.

Work session concluded ot 3:20 o.m.

Ontario glw Council MeetinE Minutes: October 10, 2015 -_____ Page I

City of Ontario 4M sw 4th Street Ontario, OR 979t4

AGENDA

Charlotte Fugate moved, seconded by Marty Justus, to adopt the Agenda. Roll call vote: Crume-yes; Winebarger-out;Carter-yes; Justus-yes; Tuttle-out; Fugate-yes; Verini-yes. Motion carried 5/0/2.

CONSENTAGENDA

Betty Carter moved, seconded by Charlotte Fugate, to adopt Consent Agenda items A) Minutes of Regular Meeting ofSeptember 19,2oL6; B) Proposed Meeting Schedule for November,20L6; and C) Approval of the Bills. Roll call vote:Crume-yes; Winebarger-out; Carter-yes; Justus-yes; Tuttle-out; Fugate-yes; Verini-yes. Motion carried 5/O/2.

PRESENTATION

Transportation Packaee - PowerPoint Presentation bv Representative Cliff BentzRepresentative Cliff Bentz presented. (See attached copy of presentation.)

NEW BUSINESS

The City of Ontario's 2016 Water Treatment Plant Chemical Feed lmprovements Project had been awarded and wouldbe under construction in october. The proposed effort described in this report covered Special lnspections and ServicesDuring Construction (SDC) necessary to complete the construction.

special Inspections were inspections or tests required by code to be conducted by a third pafi contracted to the owneror the owner's representative- For this particular project, those included Soils testing; Concrete - including rebar andconcrete; Epory Bolting/Doweling; and Masonry. SDC generally included Resident project Representative (RpR);Submittal Review; Request for Information {RFl) Review; Site Visits and Observations; System Integration; and RecordDrawings.

on March 2, 2ot6, the council approved the final design for the water Treatment plant by MSA; on october 6, Zot6,the Council discussed the proposal and requested updated and additional information for the Monday night Councilmeeting.

The Water Treatment Plant construction project was generally scheduled to run from october through March, 2017.During that time, staff on duty would be running the Plant as normally as possible. The RpR was an additional staffperson who would be on-site approximately 50% of the time. The RPR was the main point of contact, and it was theRPR's job to coordinate with the contrastor, attend progress observe construction, testing, etc., and to allow the rest ofthe "regular" staff to continue with their work. The RPR would act as a liaison between the contractor and the WTpManager to help coordinate shut offs, reconnections, etc. The RPR was the person who would respond to emergenciesor be on-site to review changed conditions and initiate Work Orders or Change Orders.

In addition to the RPR, there was a team of engineers, architects, and technicians that were part of the design teamsupporting the project' These staff members made occasional site visits, but were mostly engaged remotely, reviewingsubmittals and supporting the RPR technically as needed. The exception to this would be the Control Engineers staffwho would physically provide the system integration. This would be done on-site.

The City Engineer's role in the project would be to act as Project Manager for the city. The RpR would provide updatesto the City Engineer, and advise when site visits might be required.

smith & Associates (MsAll: water Treatment plant construction servicesBetsy Roberts, City Engine er / CH2M, presented _

Ontario City Council Meeting Minutes: October 10, 2018 Page2

City of Ontario 444 SW 4th Street Ontario, OR 979L4

This project effort fell under Capital Projects for the Water Fund. The table below reflected the current status of theFund:

ActiviW Budget

WTP Project Budget

Less - Construction Bid (RSCI)

Less - Services During Construction

Less - Special Inspections

s 1,800,000

- 5 1,550,520

5 tzs,oot,+z+f,s+

5 4,095

Remaining Budget 5 21,72452er€+

Typically, a contingency of 70% was recommended for construction. Additionally, a 70%fee for SDC's was a standard ofthe industry. For the bid on Special Inspections, three firms were contacted - MTl, Strata, Inc. and Terracon - but onlyMTI responded.

Below ore the documents Ms. Roberts distributed based on the Council's request ot the previous Work Session.

ONTARIO WTP Construction Cost Breakdown

Activity Cost Notes

:Contractor cost for orooosedBid S 1,650,520.00 iwork

'Engineering observation,

submittal review, record

lDC 5 123,561.00 drawinss, etc.

speciai Inspections_ _i l_ , _ _19:p. 90 ,ll{?agy_liEp9Sl9ll ,. __ . _

Unknown whether this will beConstruction lneeded or not -'Just in €ase,'

-c9$!Cg!gl (102"1 S 155,052.00 'fDr construction issues

Estimated Proiect

Iotal: I 5 1,943,328.00

City Br.ldget: 5 1,800,000-00'

Difference: S 143,328.00

To come from UCF per

/18 Anticipated 7/18/10 Council Meetin8Jverag€ 5 rzs,ooo.0o Minutes

Timeline of Ivents for WTP Chemical feed Project

Year{s} olAdivity Activity Tsn Conducting Adivity coN Ngtet

_201,3.-2014 O.r-BinelAudit _ _ . MsA{Contrcltn_g!l9gr1/!Ft1ub!9!)_ ...., priortoCH2M aspvr'

-..3913- il!-lll'g.vo"9ig.'1'---, .-iMsA(controlEngine-ers/cHsubbgd) .S 24,ooo.0o

_1911 -201_q_-.ltnal q99tF! - .\,FAJ9oT.l9.l-EngAejG/cH subbed) s 226,000.00

2016 BidlAward MSA suDDort

2076-20a7 Construction RSCr

This priews modified from ori8inal bid

S 1,6s0,520.00 of51.699M

2016-2017 Seruig Du.in8 Construction MsA,,/Contrcl E gineers, CHzM, MTI $ U3,651_OO

Ontario City Council Meeting Minutes: October 10, 2016 |lqls

City of Ontario 444 SW 4th Street Ontario, OR 979L4

,Ae rxoa Rrpop,rJuly 1 8. 2C) 6

.'Jcycr c;''C Ciry Ccu,-rc;l

i?O:;:. Cliif Leeper. Putilic \toics Direcic-.rSeisY P.o!:'erls, Cii'.' :rr^'' ee'

Ti-i?OUGil: .\dcni 6i'ov;n, Ciii. l..isncE€r

Tc:

S us-rEct:

Di,li:

ONIARIO I{ATER TREAT',{ENT PLANI- BID OPENING

,ul1 1'.,2C n

Sut'rr*laly:n bid orcrritg for tbe City's 2,01 6 ndlaler lrei,t6re.xr ?l;r.nL Cbenjcal Feid L.oprovc:iicrls ltojecr a,1s

beli o:: -T',u.rc 3C. :016.

One bid "tas

iccciled foa: F*SCI Group o'lt of Boise: 51,699-300

PREvtous Cour'tctr Asnox:Cor:nc-:i engagerl l{r:ira1,. $5111tr, *d .Assocja1:ls fldS.{,) io oon{fuct a Waler Tic.aro,eri p jn:r

flTPi .A"udil audit 1r'as unnpJeter! irr August 2014 ald lcoornmenieiJ or.ei li) sisrriiirrrinprelc*cnis aeeieri a{ rle RTP.

Cor:ociJ etgage.d l''1SA to tievelop a set of iLnal crrasiiuction d.oc,;urrerr'ls -,!at ctnecic<lapproxi:lareli' tbe iop 10 pioblen rrreas at fte \\TP_

BAcKGeoUND:

this projtct bas beendtvelopcd crver ihepast l8 moatbs aed q'ill nmvide rhe Cir-r... g:iihaneil,watcruiirilg fac'iJ:lry aud inproled cbo:aicel ibl q'5igs. Liorr spe;iicail),, 1al1_\hrctio!. iacjudesn:olifed :au'ri'arci pipir? zrrcl mllro! r.ariable tcguenc.y anrc fflD] ccatrrlled surface rvalerFun:ps, new cbgmical fcl.: slscrrs. u snrril Clvilj n:i::i:rg biilij:,^r. a;rt cbemical i^aals. a,ldas-roclatod ;'arC pipng. eafrhr',,r,rk" cie.:iricrj anil cnnfoi-, svs:iots.

Ci!-\f l::s -r-c'i.-red closdl, ulu lrfs.{ on ibe develcrprocar of tbc iaaj corsirucdc,u pians.rr:cluded aricibg $e cas.-c i-a.ck. soc:un hvpcritlorr. aqJ apdai.c"i c1e$'a-rh sa;ior:s,

ThisThe

L\

ile lng'snj bid c'pcn.:nl dar'r: ',i'as .lr.:ne li. hrlt 1\'ii.c rj:i(:idc,j 'irlij j .lr::rc lir r',,i,en rJrc ,icsigr ie:'thel::Lie an-:re oi luo ,:,ihr:r ei'cr-' Iail_er pic,iects bidding th;l v.:;:e d:i-v :n tl:c Ticnsurr: \.,alie\' :Je.:i.

I:\1tr-: s:iih lh.:s adjr:s:n6:ri. ranll. 'tnc h;d '*,a-s reccir,cd.

lbrougt ciscussicn *'iih -scr:eral of r,l,e porendal biddan, aftcr rJre darc of i'nc Bid Openng- rl:eiesign tci.rn gaihcrui tbc iollirri,inl iniirinaiinn ic1:;.rdin3 ihc nir:irn:l numbgr of 'ujdd.:rs:

i. Oregon contacri-ag iarv piorides burdjes/ditTicphics inr loc.a,l Idzlo cont-acnrs:2. Ttcre e-ie i'cry feq, Orgoo i.icenscd sul'conEace;s ie r-irc arsa ili is rj(!i \vorJt llrctjme/e{f.of foi subcr,t':racloni t0 maidain ljce.nsure bccar:-.,- lh(: \i,o:-}: I'olunre is r;ili.consisreni enougl): ald3: if tle Titasurc Valicy is ieaill' l-uq', ir is ulalicD.qbg to evco te,. e qcncr:J cs;rbr-ac.Lor

tc t'e iir:oeresteri, iei aiooe a subcou.uzcrr,:, tlc Tilisu;e \;allev is e:iucli:.Jlr i-.isr, :.irl:t.lorl:.

The bid 1.599-: leer,r's oriv 5I ti[t.S(ir.1 lc rolel rbc : Sj{-).[O0 car. olcr fi-iajCtsigr lce. Seitic*s 1).r:':.:: L-.or,sr.r.:rion i:^DC's ) b1'die er-rqine*r ofoIcSrs. J \T)lcalll . It lt;11'o of '":e cni:rr,:ctio:: ccst s

FtHa nctat l untcATto Hs :

Ontario Crty Council Meeting Miqylgs: October 10,2016

he]d asicie ior SDC's a::c

Page 44

City of Ontario 444 SW 4th Street Ontario, OR 97914

Iae od-rlra] bid ope..ning date rr:,as June 13, hui ':i as e:ienied ru-cJ Ji:Dc i0 .,r$en d:c drsiEir :r:r,bcr.arre rv'zre of nro orlci e'. cn )iu_ler piiijccis biririing drar samc &1: in thc Tica-sruc \;ailny *-er.L,ven u,itl ihis aiijr:simenr. onl.r: onc bid rvs rcccived.

ftrough disua--<icrn t':if} scr--i oi thc poicndal biddors, ajfur rhc darc rriihe Bid Openurg. riecicsir'.ri iearn gatbcrcd thc frrllil\ing irf{rrrmadon regariiing ilrc mininral nrunhcr ol'oiddcrsr

I . Orcgon contrachg iau, prcr,iirs h'":'dlcs/di itrc:-rli:es ir:r locrl lilaho contraclois;

i. T-icrc a'c r,cry l'cu'0icgon liccntrd subconracrc'ls in ttre area fli is noi \1,enh Actiine.teifo:'r foi irbionrra{rtors io r:laintair: liccuqre t+causc Lhc rloti: roh.ne is not

;onsis:eni rnough)l a::d

j. jitlL' J';cru;c le:lct is:call, i:is),. it ir cl:aiic;rping ir).yr,t i,ct ! gcneral c0niJailoii0 it:irir,tc!ir,:l, l:t i:li.,nr I :'ut';,q:Lliior: ilu.: Ticir-rurc Vallcr.is r.':hmclr'olsr ilSItiDl'',r,

ii'.:e'nidir;:iectci.r:,1;osr*o',:l,ltc:rssocisredr'.i-,hrcbiddirgrhepr,:1ject- TlliseFo:twiilirslu&tta iiesim crrlinccr mecrinE rlith Ltc I''i;hiic \\ro/ns srajTio dcitrnliees'hichelemenrs c-al bc selecteiirs ;,.ddiiile ,\:ic.rn::ics, n:;di-fr.ir4l rae crisin-* plius io rliiccr rire ;rdi:jLir,e aiicmatcs, inccrpo;-an:raacJcids iiom rripn:;i biii r*< aipiicabie. p:r.l:ling a nc',r'irci,cfiiseirent for bid. concuctlr.c a.:a.icliti.rnd p:tJ:irl n:a,tiic. a:d rcslonding 10 qucs',i{.}ns ilunn.! ihe i,iri perioC. SratT is riortlrq r.:deter,ni-r.'dtc;:nrou,:lofi-rareffona;rJrrill tryi.rpirsccitnriinJr.':gsh_r, l,,lr:rrci:t,..lul'r l6.2Cl6

REcoMMENDAtoN:.4.i1er care.fill consideratis* statl'

Oi )el)ler!cii- Sr;tei: bei. Ou; god r,.riu ld i:,s tc' 5a', : a ccn-lr:lcrnr

L!:: f,-r.lltru":ur':-:rrl:iiizii-:r; i-r'n:i,i :o l;:e Oc.r.:rbe;. lt::r:ij-r r

i..,trn:ore:obt-stbitidi:rgari.ix'nrr:u:t(faliisoirenbeirerriz..rsi:mgisrrn:r,erbidop:usgs-as o-ih* i-.r-o.iecls i:r tbe rallei,rape.r ofi]L li js:ikei.''oneoidr:lair'cpro;clLqi:rdrere$onr,;tl noi-trcari.a:ied-!ce.-,'ingr.co:ap.;teatci,irlar:lr)l a',,silabil to b,rd c,a the [-nri:.ro prgccr.3. liretie-ri5r lr.eiircantcliscthrc.:itac.tcicrcumcnhsiigir'.:ii::o:l;c;1i,;llloiviiraJiiij-;ealia-arr::r{.hi-:hr -...__.. ,,,_ t.:oiccl.

!"}jie it is arefcrred io a+,2.:d ilc eaiirc Prqjcci aioae rinrq sEffuJldery*,-ra.. r::at budccl linil-:ci,.-.

=a1' ;o1 alloir'' ibjs. B;.. i:sing tire additivr altc;-sg 5id oroess. it u:a1'be possl)c ii-' gci ilc ;r:.;1r.r',

irf ib: piojeci con-.in:ciol- Ald ;f b;di recsir.ec dunDl ',ie icbiiliiag pro."r, .r.:io,,orable- "jrrai..tr:jr.e alteroates aal"i: rllD_rsjclcd 1c n,slj. Iiol+3\.'et, i:c-:as dcrao=rcd i_. ix ad jjiir c dicmzc:&:Ji od)'be ao-se jress llrai ca-: clla:l_r' L* ca:-;:a of if -,le projeci ;!ole. ! v$ be su:ffs gc,ol li,rg..-*t:nc'se piocr-. if rci cocrpi:r:<L arc :-ri'i'al rs 3a 1p;4r in1 (3:1i6; lagr1g1,ggeri-i i rr,gr.:::r."lir clearli' ideniEec ti:ael3.D: i:: vSrh to c.,:o:leie 'ine 'ii o;i:-

PRoposED idonoH:I moi'el)t;.i rlrt ti1'L'c.uncii ic'ir:st il;g c'.licr,r lrid a-od c-r.icr:d l,{S.q's crtirrenrpi.l-chase Oirierlncit:ric ui-r te S__. *___._, to bc urcij ir uotl:.1.' rj,r c:,jsrbg b.i,J :lri t,: rubid l:;er *ris fali.

FtNrH gnt lnruc,a.loHs:

Ieaves odr Sl 00.$00 {o cover $cConsa-rrcton iSDC's,t bi,' rhe

cfthe coess'uction cosl sDsu.ld l'c

rrs133

a tji oireil.Dg itda!- ille dDc

Ontario City Council Meeting Minutes: October 10,2016 Proo (

City of Ontario 444 SW 4th Street Ontario, OR 97914TH

qTY OF ONTARIO 111 SW 4 STREET ONTARIO OREGON 97914

ONTARIO CITY COUNCIL MEETING MINUTES

July 18, 2016

The regular meeting of the Ontario City Council was called to order by Mayor Ronald Verini at 7:00 p.m.on Monday, July 18, 2016. in the Council Chambers of City Hall. Council members present were RonaldVerini, Norm Crume, Tessa Winebarger, Befty Carter, Marty Justus, and Charlotte Fugate. Larry Tuttlewas excused.

Water Treatment Plant Bid OeeninpEetsy Robens, Ciq,Engineer, CHZN,I Hill, presented.

A bid opening for the Ciqy's ?Of6 Water Tre:tment Plant Chemical Feed trnprovements project was heldoo June 30, 2016. Only one bid was received, that being from RSCI Group orn of Boise for 51,699,200.staff reguested additional inforrnation, andcurrent reconmendetion to rebid the Droiect.

{or special iosperctions. Those had Lo occur outside for structuGl type items. That reduced l-hem toS1.54M. DeductinB construction costs, as shown at S1"699M, and the elimated 10.qi it showed the)lwere alreidy over by 5224K.

They were seekins information from RSCI. As they were over by 9%, they asked what naff would bdoing. h the cunent environment, that wasn't unheard of. RSC/ said they really wanted the job, rh€tofiered up some deductions. reducing it to S1.54M. They reduced rheir base bid by SfSf<. to accept all

the modificationssuBgested by RSCI, it would include changing out the fiber reinforced plasric tanks topolyethylenq cbanging the pumps from the product currenily used ro something else; deleting one o{the hypochlorite tanks lc:rrrently had threel; also, eliminatingthe caustic storate tankThat would be

replaced with totes. llowever, by eliminatinB tanks now, they'd have to pul ihem in later.

l'lr. Leep€r added ifthey eliminated the caustic tank, thm staff would have to haul and handle thetotes, and there were sorne serious safety issues associated \4ith that, and it created another laver ofla bor.

t'4s. Roberts slated that would leave them with an overage of approximately $49K. Moving to acceptingpar! of the negotiated project, taking the budget. deducting all cosrs, which were estimates, andrevieu,ing their proposals for deleting rcme items. staff determined that there were only two items thatrvould tre accepted as deductions, one, staff did not want to eliminate the caustic tanh second,regarding the polyethylene tanks were already there, and one was only seven years old. The cost totepiace later would be significant, as this new construction would be built around the tanls, Staffwanted to stay with the tanks. lt was the same with one of lhe sodium hypochlorite - staff needed iLand they couldn't tet by withoui it.

Mr. Leeper reminded rhem that when this rvas done, they'd not be shut down. They would remain upand runninB.

I i ONTAS}S OTY COUNOL Mf,FOUG |JNUTfS: ru1-Y 18, 2016

CIfi OF ONTARIO 444 SV/ 4'N STREET ONTAR]O OREGON 9791{

Ms. Robens stated it was more doable with the muitiple onhs. They could look at a different pumpstyle, but staff h;d good experience with the proposed pumps. Changing out rhe roof structurg staffsttructural and architeftural fotlcs reviewed that, and were okay. Based on that, they were still over bys175K.

with recommendation for rebid based on concerns fort as noted belov/.

fhere \^€s a bid cost of almostSt.TM. ln lookinE

S224K. h rhe c.lrrent fiscal year. the budget uas Sr.gm. There wzs approximately S30Kunfortunately, had not been paid in the last fiscal year, and carried ove1, so it would be deducredthe s1.8M. NSA wa! rhe it would be to do 5ewicesconstructio!!. Agortion of that was CHz wodc Further, another fee, estimated at 1%, or around S15.

Ontario City Council Meeting Minutes: October 10, 2016 Page 66

City of Ontario 4M SW 4th Street Ontario, OR 979L4

Another aiternative was to conrpletely rebid the project. staff added in an additional S10K ro lhe $l.gh,tfor rebiciding cosrs. The iffo part was that they used staffs estjmate of S1.S5gM, but that was rheunkno"vn. what they 80! was more contractors bidding, a more vibrant environrnent in the area ntightbring in low,er bids; but there was the poteniial. estimated, oi,erage of 528K.

Staf{ was of the project- They mighr artract more bidders, but thev cou'drealize some cost savings, but it could also com€ in higher, orgo

was a cost a whh rebidding. lf it uyas rebid, stafJ would plan to rebid witilin sil

They

weeks, to get constructionriskin3 s!'srern failure at the

the winter. Staff wanted to eer the a5 thev v,'ere

They could accept the partielly negotia.red changes, which wouto bJio tat? the bid from Rscl, a"dfle8otiate out a ferv iiems. They'd change the route s!5tem, and probablv change out the pumps, savingapproximateiy $45-48X. On the good size, they knew what rhey were saving as well as how much iheymight be over- They were stitl gefling quaiity rvirh [he known, instead of perhaps an unknorencontnctor.

Mr. Leeper stated this was a big decision befcre Corrncil, and wanted lo ensure the Council had all iheirqugslrons answefed.

Councilor Justrrs asked where $e rnoney u'as coming from.

Ms. Ott stated they looked at \ryater Contingency, which had 5500,285 brrdgeted, as well as the Utiiitycapitalizarion Feg vrhich hrd S1,916,469.She'd recommend the funding come out of the ucF rund, asthai vras a healthier fund.

Councilor Jusrus asked if rhe 51.9M out of the UCF? How much v;as allocated out of that fund this vear?

Ms. Ott stated that lvas the remaining contingency.

Councilor Crume sbted with regard to rebidding, he had hoped to hea!- there migh: be rnore than onemore bidder, but it didnl appear that would be the case-

trs- Roberts stated they contacted contracrors for this project, end they had thouBbr there rnight bethtee who would bici. They could also exte.nd their reach a bit further.

Councilor Crume verified that the contrrctors they'd been in contact u,ith for this, were in the Boise

f'4r. leeper agreed that if they went out for rebid, they had no idea what they'd see come in. Their goalinat nighi was to present the different options io lhe council.

councilor crum€ gtated if the cour)cil seteded option i3, and pulled the funds front the ucF, the timedifference between completion of construction, or they got the bid they guesstimated, v/nat was thetime frame difference for running the Water Treatrnent pJam.

9 |orrrniocrncouHcrLur '.^re

qTy oF oI{TARIO 444 S\{ 4" STREFT On r.qRIO ORE@N 97914

l!'ls. Robefts stated it would make Jerry much more cemfortable. That siart up time and time fordealingwith challenges, they kept closing that window. Thai plant needed ro be up by rhe first of May.

\ras concerned about the compilation of fees listed above:+Construction Conlinoencv+SDCs+Soecial ln

Ontario City Council Meeting Minutes: October 10, 2016 PageT7

City of Ontario 4lt4 SW 4th Street Ontario, OR 97914

M!-- Leeperstaled if they flaned construction mid to late October, it was hoperl that constructicn wouldbe comPleted by end of {pril. lf construction was delayed - say for Thanksgiving - they might be lookingat the end of May. lf completed by end of Ma)'. they still could meet the requirements associated wi$the heary demands on the system, irrigation wise- tfthey went into June orJuiy 0f2017. that put ihemai a iarge disadvantage.

N4a'/or i/erini 5tated it appeared that to rebid would put them undera tirne constraint, an6 there wasapossibly thal rhe bids they were thinking about being more palatable, might not come in.

Mr. Leeper agreed. They could end up wirh no bidders, or they courd a lot of bidders.

Councilor Grter asked how old the svstem was.

Mr- Leepersrated it was from 1979. Some modifications were madein mid-1990, or early 2OC0, bul itwas a system mixed and matched, and they'd like to have a new syslem that was to the 2ii Centurystandards. Technology had changed a lot.

Counciior Winebarge r staled the realiry was that if they didn,t get the ta nks up and running, they mighinot be able to provide ihe citizens with the clean waier, if there was a nlajor catastrophe. lf tiey lventout for bid, worse case would be outraBeous bids, or none at all, leaving them in the sarne spo! butpushing it back and srilt risking lhe faitures-

I\4r. Srown siated if they were considering going with the bid, all those oprions bad the 10% cootingencybuilr in. For rhe 5r09x to st55x built in ro each one of rhose.

Councilor crume $ated he didn't think it was in the citizen's best interest to weit. He q'asn,t convincedthey'd get any better bids. He wanted to expres his appreciation for the 'oork done by CH2 forpresenring the different options.

Councilor Jusrus sbted in making lhe modificaticns, changing the rooflines and not doing the morors,was that something they'd be coming back in a two years asking to do anyw.ay?

lds. Roberts stated no.

Norm crume moved, seconded by Tes$ urinebarger, to ac.ept prDject 3, with the poteatial overrun of5!75,442, taking th€ remaining funds from the utility Capiralization fund. Roll call rote: crume-ves:vy'inebarger-yes; Caner-yes; Justus-yes; Trjtt{e-orrti Fugate-yes; Verini-yes. Motion carried 6/g/L,

City of Ontario WTP Construction Project - Special tnspections

Following is a list of the special lnspections required in the current contract:

1. VERIFY COMPLIANCE WITH INSPECTION PROVISIONS OF CONSTRUCTION DOCUMENTS AND APPROVEDSUBMITTALS

2. VERIFICATION OF f. AND PRIOR TO CONSTRUCTION D(CEPT WHERE SPECIFICALLY EXCEMPTED BY CODE

3' FOR SELF{ONSOLIDATING GROUT: VERIFICATION OF SLUMP FLOW AND VSI AS DELIVERED TO THE S|TE.

4. AS MASONRY CONSTRUCTION BEGINS, THE FOLLOWING SHALL BE VERTFIED To ENSURE CoMPLIANCE:A. PROPORT1ONS OF STTE-PREPARED MORTAR

B. CONSTRUCTION OF MORTAR JOINTS

C. LOCATION OF REINFORCEMENT AND CONNECTORS

5. THE INSPECTION PROGRAM SHALLVERIFY:

A. SIZE AND LOCATION OF STRUCTURAL ETfMENTS

B. TYPE, SIZE AND LOCATION OF ANCHORS, INCLUDING OTHER DETAILS OF ANCHOMGE OF MASONRY TOSTRUCTURAL MEMBERS, FRAMES, OR OTHER CONSTRUCTION

C. SPECIFIED SIZE, GRADE AND TYPE OF REINFORCEMENT, ANCHOR BOLTS

D. PREPAMTION, CONSTRUCTION, AND PROTECTTON OF MASONRY DURTNG COLD WEATHER (TEMP. BELOW 40DEGREES F) OR HOT WEATHER (TEMP. ABOVE 90 DEGREES Fr

5. PRIOR TO GROUTING, THE FOLLOWING SHALL BE VERIFIED TO ENSURE COMPLIANCE:A. GROUT SPACE IS CLEAN

B,PLACEMENToFREINFoRcEilEM;;I6-co_ililEEToRS-

C. PROPORTIONS OF SITE-PREPARED GROUT

D. CONSTRUCNON OF MORTARJOINTS

7. GROUT PLACEMENT SHALT BE VERIFIED TO ENSURE COMPLIANCE

8. PREPAMNON OF ANY REQUIRED GROUT SPECIMENS, MORTAR SPECIMENS, AND/OR PRTSMS SHALL BE OBSERVED

Ontario City Council Meeting Minutes: October 10, 2016F_ce q8

City of Ontario 4M Sw 4th Street Ontario, OR 97914

Below are the definitions from the code for Special Inspection and Special Inspector:

SPECIA L INSPECTLOhI. I'n.spcc riorr of cons rruct ien requir-ing the experri.se af an approt,ed spet:i<tl in-tpector in ordcr tclL'nsurc eompliancE-1 \r,ith this c'ode and the approtert construc-Iion rtocunwnts.

Continuous spe-cial inspection. Special inspectinn by thespectn{ iuspeclr,r rvho is contiiluou$l;- prescnt u,hen andrvhere *rc rvork to bc inspected is being,,o*rfonrrd.

Periodic spe-cial inspection. Special inspcction by rhcxpecial inspett*r rvho is internriftently prescnt rvhere thetvork to bc inspecred hils bcen or is being pcrforme<l,

SPECIAL INSPECTOR A quatified peruon enrployed orretaincd by an apprcved egcncy and approvei by rhe $ui/dingt{ficial. as having r}rc comperence necessary ro inspect a par-ticular typrc of construction requiring sprcial inspectiott"

Note that it does not preclude the city from acting as special Inspector, but theInspector would need to be experienced/qualified. ultimately the code gives thebuilding official the final say in who is qualified. The code simply says: "as approved bythe building official as having the competence necessary to inspect a particular type ofconstruction requiring special inspection." ontario Building official, Danny Little, hasapproved MTI as a Special Inspector.

Again, the code specifically says that the special Inspector must be independent fromthe contractor. lt does not say that the special Inspector has to be independent fromthe owner, although usually owners do not have the ability or experience io performinspections. And in the case where the owner is also the Building official (i.e., a city orMunicipality), the Building official would be providing approval of his/her own staff.That said, most cities are reluctant to do that and rely on third party companies whenit comes to their own public works projects - but the code does not say they have to.

The code says the following about the approved agency that will perform theinspections:

1703.1 Approved agenc]'. An npprot ed dgenc)t shall provideall information as necessarv for the brdlding fficial ro deier-nrine that the a_eency meets the applicable requirements.

1703,1.1 Independence. An a\tproved agcnc\t shall beobjective, comperenr and independent from tlte cor.ltmctorresponsible lbr the work being inspected. Tbe agency shali

also dlsclose possible conflicts of interest so thar objectiv-ity can be confirmed.

1703,1: Equipment, An approt'ed agerrc\: shall haveadequate equipnrent ro perfomr required tests. The equip-ment shall be periodically calibrated.

1703.I.3 Personnel" An approt ed agenc), shall employexperienced personnel educated in conducting, supewis-ing and evaluating tests andlor inspections.

Ontario City Council Meeting Minutes: October 10, 2O1G Page 9

City of Ontario 4M Sw 4th Street Ontario, OR 97914

Norm Crume moved, seconded by Charlotte Fugate, that the City Council award the bid for Special Inspections toMaterial Testing and Inspection (MTl) and approve the Services During Construction (SDC) budgets for Murray, Smith &Associates (MSA) and CH2M, and authorize work to begin on the Water Treatment Plant Construction project. Roll callvote: Crume-yes; Winebarger-out; Carter-yes; Justus-yes; Tuttle-out; Fugate-yes; Verini-yes. Motion carried 5/O/2.

CORRESPONDENCE, COMMENTS AND EX.OFFICIO REPORTS

Councilor Fugate reminded everyone of the Obon Festival on Sunday, October 16th, beginning at noon. lt was always agreat event, with lots of good Japanese food.

Councilor Justus stated they had the most amazing day on Saturday. The Food Truck Rally was a fantastic success, and itput Revitalize Ontario! on the map.

Mr. Brown complimented Councilor Fugate and Councilor Justus on championing the event on Saturday. He dropped by,and it was a fun even, and he believed it would continue to grow each year. The event needed a champion, and thosetwo Councilors stepped up.

ADJOURN

Charlotte Fugate moved, seconded by Betty Carter, that the meeting be adjourned. Roll call vote: Crume-yes;Winebarger-out; Carter-yes; Justus-yes; Tuttleout; Fugate-yes; Verini-yes. Motion carried 5/0/7.

APPROVED: ATTEST:

Ronald Verini, Mayor Tori Barnett, MMC, City Recorder

:

t:

Ontario City Council Meeting Minutes: October 10,201610

Page 10

To:

Fnov:

T,,nar rar '.INKL,/UUN.

Suslrcr:

Dnrr:

Conserur Acenoe ReponrNovember 7,2016

Ontorio City Council

Al Higinbothom, Fire Chief

Adom Brown, City Monoger

RESOIUTION #20I6-I30: PURCHASE OF PERSONNEL PROTECTION EQUIPMENT WASHERAND DRYER CABINET

November 3,2O16

SumnnanY:Attached is the following docrunent:

o Resolution #2016-130

The Fire Departrnent needs to purchase a cornmercial grade washer and drying cabinet to complywith OreOsha and National Fire Protection Association Personnel Protection Equipment [PPE]cleaning requirements and standards.

Pnevrous Councll AcnoN:03117116: The Ontario City Council approved purchasing the OreOsha required washer and

dryer unit from the Public Safety Fund should the FEMA Grant request proveunsuccessfirl.

Bacxenouruo:The Fire Deparhent currently does not have the high capacity elsaning equipment to properly cleanthe fuefighter Personal Protection Equipment. OreOsha and NFPA standards require all turnoutsuits (PPE) exposed to smoke and chemical contaminates to be washed after every exposure. properwashing protects both firefighters and citizens from harmfirl carcinogen contaminates.

The fue deparhent needs to install a high capacity washer and drier at Station 1 to provide thefacilities to decontaminate ail exposed Firefighter PPE equipment in a timely manner.

Cost estimates were received for the purchase and installation of a new commercial washer and highcapacrty drying cabinet at Fire Station #1. Cost for the unit came in at $20,012.75, with an electricalservice installation estimate of $959.71. A FEMA grant was applied for in 2015116 and wasunsuccessfirl. There are currently no other known firnding sources for the pwchase of this equipment.

Staffrequests to proceed with the purchase and installrnent ofthe equipmen! allocating the purchasefrom the Pubiic Safety Fund.

11

Frnarucral lmpucntons:The purchase of the equipment wili require up to $20,972.46 to be taken from Public Safety Fund.

RrcoamnrHDATIoN:Staffrecommends the Council adopt Resolution #2016-130-

L2

RESOLUTTON # 2016-130

A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF ACOMMERCIAL WASHER AND DRYING CABINET

WHEREAS, The Fire Department needs to purchase and install a commercial grade washerand drying cabinet to comply with federal and state regutations; and

WHEREAS, The on!11o Fire Department applied for a Federal Emergency ManagementAgency (FEMA) grant for this purchase and was unsuccessfui; and

WHEREAS, The Ontario City Council approved purchasing the required washer and dryerunit from the Public Safety Department should the FEMA Grant request prou"unsuccessful; and

WHEREAS, The City will need to expend $20,973 from the Public Safety Department withinthe Reserve Fund.

NOW THEREFORE, BE lT RESOLVED by the Ontario City Council to approve thefollowing adjustments to the fiscal year 2016 -ZAt budget

Effective Date: Upon adoption.

Passed and adopted by the Ontario City Councilthis 7h day of November, 2016.

Ayes:

Nays:

Absent:

Approved by the Mayor this 7h day of November, 2016.

ATTEST:

Ronald Verini, Mayor

055-131-712106055-131-871000

Resolutioq20lGJ30:-eegrnerde[Atesbe+andlrying€abinet 13

ToriBamett, MMC, City Recorder

PRESENTATION

Fun d/Budget Outlook

Adam Brown, City Manager

November 7 ,20L6

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Acrxoa RrronrNovember 7,2016

Moyor ond City Council

Lorry Sullivon. City Attorney, ond Betsy Roberts, CH2M

Adom Brown, City Monoger

ORDINANCE NO. 2720-2016, AN ORDINANCE ADDINGONIARIO CITY CODE SENNG AN ADDITIONAT SEWERPROPERTIES SERVED BY THE NORTH REGIONAT LIFT STATION

October 25,2016

sEcTloN 8-7-3.1 TO THE

CONNECTION FEE FOR

Dnrr:

Summlnv:Attached are the following documents:

o Ordinance No. 2720-2016o Lift Station Area Map (Exhibit l). CFI2M Chart. revised

Blcrenouno:CH2M gave a presentation to the Council on July l8,20l6,conceming the costs paid by the City forthe North Regional Lift Station n2007,and CFI2M's calculations as to the allocation ofthose costsamong property owners connecting to the City sewer system. CH2M has updated the chart that wasincluded in that presentation. It has calculated that the costs should be allocated in the amount of$2,513.65 per acre for the 441.06 acres that are served by the North Regional Lift Station. Thatamount was determined as follows:

A loan for $3,976,600 was taken out to pay for several capital improvement projects. Of the$3,976,600 loan amount,34.l7o , or $1,358,804.22 was used for the construction of theNorthRegional Lift Station. The Cityhas beenmakingpayments onthe loanandthe currentbalance ofthe loanas ofOctober, 20I6,is$3,244,151. Theremainingloanbalancededicatedto the North Regional Lift Station (34.17%) is now $1,108,672. The total area serviced by liftstation is approximately 44I.06 acres. A cost per acre was deterrnined by taking theremaining loan balance $ 1,1 08,672 and dividing it by the total acres 441 .06 acres to arrive at$2,513.651acre.

Ordinance N o. 2720-2016 relies on that calculation to impose an additional sewer connection fee onthose properly owners that connect to the City sewer system if they own property within the area ofthe map attached to the ordinance as Exhibit 1. This sewer connection fee is an additional fee to thatimposed by City Code Section3-7-3.

15

Oao*r*oon"N:Staffrecommends that the City Council approve a first reading of Ordinirnce No2720-2016.

PnoposroMonon:I move that the City Cormcil qpprove a first reading by tifle only of Ordinance No. 2718-2016, ANORDINANCEADDING SECTION 8-7-3,1 TO TI{E ONTARIO CITY CODE SETTING ANADDMONAL SEWER CONNECTION FEE FOR PROPERTIES SERVED BY TIIE NORfiIREGIONAL LIFT STATION.

A.'I

16

WHEREAS,

WHEREAS,

WHEREA'

WHEREAS,

oRDTNANCE NO. 2720-2015

AN ORDINANCE ADDING SECTION 8-7-3.1TO THE ONTARIO CIW CODESETTING AN ADDITIONAISEWER CONNECTION FEE FOR PROPERTIES SERVED

BY THE NORTH REGIONAT IIFT STATIOIT

Ontario City Code Section 8-7-3(F) sets sewer connection fees for unassessed properties based upona formula requiring property owners connecting to the City sewer system to pay their fair share ofprior sewer system improvements; and

ln 2OO7 , the City constructed the North Regional Lift Station, which enhanced the City's ability toconnect 441.06 acres of land inside and outside the City limits to the Cit/s sewer system, as shown inthe map in Exhibit "1" attached hereto; and

In addition to the sewer connection fee assessed under Code Section 8-7-3(F), unassessed propertyowners within the area mapped in Exhibit "L" should also be required to pay their fair share of thecost of the construction of the North Regional t-ift Station rather than having that cost paid by thetaxpayers generally; and

CH2M has calculated that those property owners should pay a cost of 52,513.65 per acre, orfractional proportion thereof, as their share ofthe North Regional Lift Station construction expenses;and

The City Council has reviewed and approved the calculations done by CH2M.WHEREAS,

Now THEREFoRE, The common council For The city of ontario ordains As Follows:

Section 1. The following Section 8-7-3.L is hereby added to Chapter 7 of Title 8 of the ontario City Code:

8-7-3.L Additional Sewer Connection Fee for North Regional Lift Station

With the exception of those properties on Verde Drive, Crest Way and Horning Way annexed into the City byOrdinance No. 2583-2013 enacted on September 3,20!3,all unassessed properties within the map shown inExhibit "1" attached hereto and incorporated herein shall pay a sewer connection fee of 52,513.65 per acre,or fractional portion thereof based upon the square footage of each parcel, in addition to the sewerconnection fee set by City Code Section 8-7-3(F).

PASSED AND ADOPTED by the common council of the city of ontario this _ day ofthe following vote:

20t6,by

AYES:

NAYS:

ABSENT:

APPROVED by the Mayor this _ day of 2016.

ATTEST:

Ronald Verini, Mayor Tori Barnett, MMC City Recorder

t7ordinance 272G20r6 Additional sewer connection Fee for North Reg-ional Lift station Page -1

North Area Assessment

MULTIPLE SOURCESAND MAY.

'TAX LOT BOUNDARIESARE BASED:SSORS RECORDS AND MAY NOT REFLECT.VVI.IAT IS!:ON THE GROUND'. THE CITY OF ONTARIO/CH2MHILL

NO RESPONSIBILIW OR LIABILITY FORANYOMISSIONS OR INCONSISTENCIES.'PLEASECH2MHILU DIRECTLY IF.YOU SEEK SPECIFIC

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Aeenoa RrronrNovember 7,2016

Moyor ond City Council

Tori Borneit, MMC, Cily Recorder

Adom Brown, City Monoger

ORDINANCENo.272'l-2016: AN oRDtNANcE At tENDtNc oNTARto MUNtctpAt coDETITIE 3, CHAPTER I I, SECTTON 2 CHANGE DEFINITION OF TAX ADMINISTRATOR FOR THECITY OF ONTARIO, FIRST READING

October 25,2016Dnrr:

Surmmnv:Attached is the following document:

o OrdinanceNo.2T2l-2016

Becronourup:In March, 1987 ,the City Council enacted Ordinance #22I2to establish a Transient Room Tax withinthe Cityof Ontario. Whenthe ordiftmcewas developed, thepositionofCityRecorderwasgiventheadditional responsibilities of Tax Administrator, with specific duties attached. The Cify Recorder nolonger has access or the necessity to be involved in financial acfions within the city, and does notperform any of the duties assigned to the position of Tax Administrator. These duties are performedand managed by members of the Finance Departrnent.

To ensure conect and reliable information is listed in the Code, as well as designating theappropriate staffmember as Tax Administator, staffis bringing this proposed amendment forwardfor Council consideration.

RrconnmrruDATIoN:staff recommends approval of ordinance No. 2721-2016 on first readine.

Pnoposeo MotroH:Imovethe CityCouncil approve OrdinanceNo.272l-2016: ANORDINANCEAMENDINGTITLE3, CFIAPTER 1 1, SECTION 2, OF THE ONTARIO CITY CODE TO DEFINE TIIE TITLE TAXADMIMSTRATOR AS FINANCE DIRECTOR FOR TIIE CITY OF ONTARIO, on First Reartingby Title Only.

2t

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j

oRD|NANCE NO. 2721 -201 6

AN ORDINANCE AMENDING ONTARIO MUNICIPAL CODE TITLE 3,CHAPTER 11, SECTIO_N 2; CHANGE DEFIN|TION OFTAXADM|N|STRATOR

FOR THE CITY OF ONTARIO

WHEREAS, Ontario Municipal Code Titte 3, Chapter 11, Section 2, defines Tax Administrator for theCity of Ontario as the City Recorder;

WHEREAS, The City Recorder no longer handles the responsibitities of Tax Administrator or hasinvotvement with any other tax retated actions; and

WHEREAS, Amending the definition of the Tax Administrator from City Recorder to Finance Director,will ensure that correct and retiable information is listed in the Code; and

WHEREAS, Except as specifically amended herein, the estabtishing ordinance, and any modificationsthereto, sha[[ remain in full force and effect.

NOW THEREFORE, The Common Councit for the City Of Ontario Ordains As follows:

Section 2. Titte 3, Chapter 11, Section 2 is amended by adding those portions that are undertined anddeteting those portions that are stricken, as fottows:

3-11-2 DEFTNIT|ONS

TAX ADMINISTMTOR means the Gtf*eeede'r Finance Director of the City.

PASSED AND ADOPTED by the Common Councit of the City of Ontario this _ day of2016, by the fottowing vote:

AYES:

NAYS:

AB5ENT:

APPROVED by the Mayor this _ day of 2016.

ATTEST:

Ronald Verini, Mayor

Ordinance No. 2721-2015 Amend OMC 3-11-2 Definition of Tax Administratort2

Tori Barnett, MMC, City Recorder

Page -1

Tn'

Fnou:

THnoucH:

Suslrcr:

Acenoe RrponrNovember 7,2016

Moyor ond City Council

ToriBornett, MMC, City Recorder

Adom Brown, City Monoger

ORDINANCE NO. 2722.201 6: AN ORDINANCE ATIAENDING ONTARIO MUNICIPAT CODETITIE 8, CHAPTER 5, SECTIONS 5(E) AND 5(G) CEMETERY REQUTREMENTS FOR |NTER^,IENTSAND DISINTERMENTS, FIRST READING

October 25,2016DRrr:

Sunnananv:

Attached is the following document:. Ordinance No. 2722-2016

On August 8,20l6,both Evergreen and Sunset Cemeteries were inspected by representatives fromthe Oregon Mortuary & Cemetery Board. A total of six (6) deficiencies were noted, which needcorrection. Four are being addressed by the Sexton and City Recorder; two require an amendment tothe cemetery Code.

Bacronouno:Following the bi-annual inspection of both Ontario cemeteries, six deficiencies were noted andaction requested by the Mortuary Board. Two of those deficiencies require an ordinance amendmentto OMC 8-5-5.

ORS 97 .220 and ORS 97 .130 requires the inclusion of verbiage into OMC 8-5-5(E), addressing thenecessity to obtain signatures from authorized agents for removing remains. OAR 830-030-0000(6)requires the addition of language into OMC 8-5-5(G) that proof of identity be verified by the Sexton.

Based upon those two deficiencies, staffis bringing this proposed ordinance amendment forward forCouncil consideration.

RrcommetDATIoN:Staffrecommends approval of ordinance No. 2722-2016 on first readins.

Pnoposro MonoH:I move the City Council approve Ordinance No.2722-2016: AN ORDINANCE AMENDINGONTARIO MT]MCIPAL CODE TITLE 8, CIIAPTER 5, SECTIONS 5(E) AND 5(G)CEMETERY REQTIIREMENTS FOR INTERMENTS AND DTSINTERMENTS ON FIRSTREADING BY TTTLE ONLY.

a

oRD|NANCE NO. 2722-20 1 6

AN ORDTNANCE AMENDTNG ONTARTO MUNIC|PAL CODE TTTLE 8, CHAPTER 5, SECTTONS 5(E) AND 5(G)CEMETERY REQUIREMENTS FOR INTERMENTS AND DISINTERMENTS

WHEREAS, Ontario Municipal Code Titte 3, Chapter 1 1, Section 5, estabtishes rutes and regulations forthe Interment and Disinterment of remains at Evergreen and Sunset Cemeteries; and

WHEREAS, Fottowing the August, 2016, cemetery inspections by the Oregon Mortuary and CemeteryBoard, deficiencies were noted that require correction; and

WHEREAS, OAR 830-030-0000(6) requires the inclusion of language in OMC 8-5-5(E) to inctude therequirement to obtain the necessary signatures from authorized agents for removingremains; and

WHEREAS, ORS 97.220 and ORS 97.130 require the inctusion of language in OMC 8-5-5(G) requiring theCemetery Sexton, or designee, to verify the identity of remains prior to accepting detiveryat the facititv.

NOW THEREFORE, The Common Council for the City Of Ontario Ordains As fottows:

Section 5.Title 8, Chapter 5, Section 5(E) is amended by adding those portions that are undertined and deteting thoseportions that are stricken to read as fottows:

8-5-5(E) The fupeintendent Sexton, or desiqnee. must receive the Buriat Permit, and sign

and return the same to Registrar-fowevst the City shatl not be tiable for thelnterment Permit . The

Sexton. or desisnee, shatl be responsibte for verifvine that the identifvine metatdisc is proDerlv secured to each receDtacte containinq human remains. or, when no

receptacte is used. affixed to the remains. when remains are delivered to thefacitiw and that the number on the identifvins meta[ disc is the number recordedon the final Disposition Permit. The Sexton. or desienee, must sien the finalDisoosition Permit verifvine this fact prior to acceptine the remains. The Sexton.

or desienee. sha[[ not accept remains without the proper identifvine metaldisc.unless the death occurred in a state other than Oreqon. OAR 830-030-00@(6)

Disinterment

24Ordinance No. 7722-2Q16 Amend OMC &'5(E) and 5(G) Cemetery Language Requested by the OMCB Proo -1

Title 8, Chapter 5, Section 5(G) is amended by adding those portions that are undertined and deteting thoseportions that are stricken to read as fottows:

8-s-5(G) The city reseryes and shatl have the right to correct any errors that may be madeby it either in making interments, disinterments, or removats, or in thedescription, transfer, or conveyance of any interment property, either bycanceling such conveyance and substituting and conveying in tieu thereof otherinterment property of equa[ vatue and simitar location as far as possibte, or as maybe selected by the City, or, in the sole discretion of the City, by refunding theamount of money paid on account of said purchase. In the event such error shatlinvolve the interment of the remains of any person in such property, the cityreseryes, and shatl have the right, to remove and/or transfer such remains sointerred to such other property of equal vatue and simitar location as may besubstituted and conveyed in lieu thereof. The Sexton. or desiqnee, witl seek to

in the 130. or wicourt order if permission cannot be obtained, for the removal of remains gf adeceased person from the cemeterv. ORS 97.220

PASSED AND ADOPTED by the common councit of the city of ontario this _ day of2016, by the foltowing vote:

AYES:

NAYS:

ABSENT:

APPROVED by the Mayor this _ day of 2016.

ATTEST:

Ronatd Verini, Mayor Tori Barnett, MMC, City Recorder

DisintermentE

Ordinance No. 2722-2016 Amend OMC &$5(E) and S(G) Cemetery Language Requested by the OMCB Page -2

n

PUBLIC

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THnoucH:

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Aorruoe Reronr - Pusuc HrnnlrucNovember 7,2016

Moyor ond City Council

Don K Cummings, CommunitV DeyeloOment Director

Adom Brown, City Monoger

ORDINANCE #27.19.2OI6: ACCEPTANCE OF PRIVATE PROPERTY AS PUBLIC RIGHT-OF.WAY FOR A PUBI.IC STREET. THE SUBJECT PROPERTY IS THE EASI 30 FEET OF THETANDS OWNED BY "THE t,W. & GTENDA SATHER FAMITY TRUST, AKA AS THE SUNSETBOWLING ATLEY TANDS DESCRIBED AS PARCET I IN THE BARGAIN AND SATE DEEDRECORDED JANUARY 8, I998 UNDER INSTRUMENT NUMBER 98-I38. DESIGNATED ASAssEssoR's MAP #l8s47llB; TAX toT 900; FtRsT AND sEcoND READTNG oNEMERGENCY PASSAGE

October 2A,2016Dnrr:

Bncronouto & Summlny:Attached is the following document:

. Exhibit "A": Ordinance #2719-2016 and all attached exhibits.

In cooperation with the city and the developers of the lands east of their property known as the*Old K-Mart Property", soon to be Waremart by WinCo, the Sather's have agreed to dedicate a30 feet wide strip of land, parallel with and along the East properfy line of their property for theextension of the city sheet named SE Goodfellow Lane, to the South end of the said ..K-Mart,,properly.

Pnrvtous Couttctr Acnon:March2002 The City Council approved and accepted a portion of right-of-way dedication for

SE Goodfellow Lane within Partition Plat2002-2, recorded March 19, 2002. Saidright-of-way being from East Idaho Avenue South to the South property line ofthe lands owned by the Oregon Deparhnent of Transportation iOOOf; uitL ti-.of the action.

June 2016 The City Council approved and accepted a portion of right-of-way dedication forSE Goodfellow lane within Partition Plat 2016-03, recorded June 21, 2016. Saidright-of-way being the easterly portion of Goodfellow Lane adjacent to and on thewest side of the property known as the *K-Mart site" (parcel No. l), beingdeveloped into a Waremart by WinCo.

26

Appucnsre OnorHerucr & ConnrnEHENsrvE PnH CnrrrRrA AND SraHoanos:The proposed development must comply with applicable provisions of the Zn^ngregulations as

set forth in the Ontario Municipal Code (OMC), and the City of Ontario Comprehensive Plan.Generally, unless otherwise noted, if a request is found to be consistent with the Zorungordinance, it is considered to be consistent with the Comprehensive Plan.

A. 1_88-55 7Q IUB-LIC STREE_T oUry[DE-LdND DE-VUQIMENT.-aeab]ic-sueetmay be created within the City Limits by deed to the City, if the deed is acceptedby the City. The establishment of such street may be initiated by the City, Countyor State if declared essential for the purpose of general naffic circulation. Thecompletion of arry required street improvements shall be provided for in theproceedings leading to the acceptance of the street. Additional building sitescreated by the establishment of a deeded street shall be processed as a partitionor subdivision.

108-55-75 ACCEPTANCE OF A DEEDED STREET, PROCEDURE. An action

for accepting a deeded street shall be initiated by the applicant as an applicationto the Council; the Council shall consider the request at a public hearing andmoy, by motion, accept or derry the action to accept the deed. If the councildecision is to accept the deed, the Council shall accept the deed by ordinnnce as

providedfor in the City charter.

Findingsr This request is for acceptance of land from "TIIE L.W. & GLENDASATIffiR FAMILY TRUST", dated December 15,1997, to serve as a city street,

specifically an extension of SE Goodfellow Lane, to allow development on an

adjacent parcel to the east; provision of the street is required by the OMC for theproposed new development. The Sather's Trust has submiued a Deed, which has

been reviewed by staff for compliance. It has been requested and determined thatdue to economic development reasons and development of the adjacent lands thatan emergency exists for the need to accept this rigbt-of-way as an emergency

readins.

CooUlrioo: All applicable requirements for acceptance of private property as

right-of-way for a city sfteet are met; the city may accept the area described in theDeed as per City Code 108-55-75. Proposed Ordinance #2719-2016 is providedwith this report for Council approval. A request for an emergency passage of thisordinance is based upon economic reasons.

Srarr RrcomnnrnDATIoN:Staffrecommends that the Council accept the property as described on the attached Deed as Cityof Ontario road right-of-way.

27

Rrcomnnrruoro Motoru(s):I move that the City Council adopt Ordinance #2719-2016, AN ORDINANCE ACCEPTING APORTION OF L. W. & GLENDA SATIIER F'AMILY TRUST PROPERTYCURRENTLY DESTGNATED AS ASSESSOR'S MAp #18547118, TAX LOT #900, ASCITY OF ONTARIO STREET RIGHT-OF.WAY AS PART OF THAT PUBLIC STREETKNOWN AS SE GOODFELLOW LANE on First Reading by Title Only by EmergencyPassage.

I move that the City Councii adopt ordinance #271g-2nI6, AN ORDNANCE ACCEPTING APORTION OF L. W. & GLEI\DA SATIIER FAMILY TRUST PROPERTYCURRENTLY DESIGNATED AS ASSESSOR'S MAp #18547118, TAX LOT #900, ASCITY OF ONTARIO STREET RIGIIT-OF.WAY AS PART OF TIIAT PUBLIC STREETKNOWN AS SE GOODF'ELLOW LAI\-E on Second and Final ftsarting by Title Only onEmergency Passage.

OR if not declared an emergency:

I move that the City Council adopt Ordinance #2719-2016, AN ORDINANCE ACCEPTING APORTION OF L. W. & GLEI\DA SATHT',R F'AMILY TRUST PROPERTYCURRENTLY DESIGNATED AS ASSESSOR'S MAP #18547118, TAX LOT #900, ASCITY OF OIIITARIO STREET RIGHT-OF.WAY AS PART OF THAT PIIBLIC STREETKNowN AS sE GooDFELLow LANE on First Reading by Title onty.

2A

After recording, rehrrn to:City RecorderCify of Ontario444 SW 4- SteetOntario, OR97914

WHEREAS,

WHEREAS,

WHEREA'

WHEREAS,

ORDINANCE No. 2719-2015

AN ORDINANCE ACCEPTING CERTAIN TERRITORY AS CIW OF ONTARIO STREET RIGHT-OF-WAY

AND AS A PUBLIC STREET, AND DECLARING AN EMERGENCY

There was submitted to the City of Ontario a request for City acceptance of certain territory thatis currently private property on the easterly portion of "THE L. W. & GLENDA SATHER FAMILY

TRUSf property designated as Assesso/s Map 18547118; Tax Lot 900, as a City of Ontario Public

StreeU and

Public notice of a City Council hearing on this matter was provided in accordance with the Ontario

MunicipalCode; and

An adjacent property owner wishes to develop quickly, and the City tries to extend the effort toaccommodate the needs of property owners within the community whenever possible; and

A Pubfic Hearing on this matter was held on November7,2Ot6, before the City of Ontario CityCouncil and the Council approved the request.

1.

7.

3.

NOWTHEREFORE, THE C|TY OF ONTARTO ORDATNS AS FOLLOWS:

Subiect Area: The following contiguous territory: That property within the City Limits of the City ofOntario, in Malheur County, Oregon, and currently known as the easternmost 30 feet of land designatedas Malheur County Assessor's Map #18547118; Tax Lots 900, and specifically described in the deed

attached to this ordinance as Exhibit "1".

Accepting the above described area as CiW of Ontario Street Right-of-way and as a Public Street: The

Common Council of the City of Ontario deems it in the best interest of the public of the City of Ontario

and hereby declares that the real property described hereinabove is accepted as City of Ontario Street

Right-of-Way and as a Public Street to be added to the Right-of-Way of "SE Goodfellow Lane" as of theeffective date of this ordinance.

Record. The City Clerk shall submit copies of this Ordinance to the Malheur County Clerk for recording,

and shall keep in the file of this matter (1) a copy of this Ordinance, (2) a copy of the deed for the subjectpropefi, which includes the legal description, and a map depicting the boundaries of the subject area.

Emergencv PassaRe. Because an adjacent property owner desires to develop as soon as possible, and

because the City of Ontario extends the utmost effort to accommodate the needs of property owners in

the community and recognizes the economic value to the community, the Council declares an emergency

to exist and this ordinance shall be effective immediately upon passage at the second reading.

ORDINANCE NO.2719.2016sather Dedication to SE Goodfellow [ane

PASSED AND ADOPTED by the Common Council of the City of Ontario this _ day of . 2016 bythe following vote:

AYES:

NAYS:

ABSENT:

APPROVED by the Mayor this _ day of _ 201G.

ATTEST:

Ronald Verini, Mayor Tori Barnett, City Recorder

Ordin4gg_{al!9.1Q!J. ,!4her Dedication to SE Goodfeltowl_a_4e 30

Ordinance Exhibit "l"After Recording Return io:Cif-v of OntarioCornmLrn ity Developrnent Center444 SW 4'" StreeiOntario, OR 97914

DEED OF DEDICATION

FOR VALUE RECEIVED, THE L. W. & GLENDA SATffiR FAMILY TRUST, whose current address is373 NE 4"'Av€nue, Ontario, Oregon 97914 ("Grantof'), in consideration of the surn of -Zero- dollars ($0.00) and otherconsideratiotrs, the receipt of whjch is hereby acknorviedged" does hereby convey and dedicate to the CITY OFONTARIO, ("Grantee"), rvhose address is 444 SW 4TH Street, Ontario, Oregon 97914, A PUBLIC RIGHT OF WAYand the right to erect, coustruct, ilstall, and lay and thereafter use, operate, inspect, repair, maintairl replace, arid remove apennanent roadway and public utilifies, sucl: as but limited to Sewer, Water, Gas, Electric and Communication serviceslines, Fixtr.rres and Facilities over, across, and tlirough the following described real properly located in Malheur County,Oregon (the "Properfy"), io wit:

Being a portion of that certain properfy described ii: the Bargain and Sale Deed to THE L. W. &GLENDA SATHER FA-]\{ILY TRUST dated December 15, 1997 and recorded under Instrunrent No.98-138, being the EAST 30 FEET of PARCEL I of said Deed, said Parcel I being more particularlydescribed as the N1/2SW1/4NWI/4NWI/4 of Section 1i, Township 18 Soutl'r, Range 47 East of theWillamette Meridian, City of Ontario, Malheur County, Oregon.

TOGETIIER WITH a 10 feet wide perpetual easernent for public urtilify purpose and slope easemen!lying adjacent to and WestellS, of the above described right of way, for use by Public Utiiify Compariesand street construction slooes.

SUBJECT TO all existins easemeils of record.

Frrrilrer ir ic agresd and made a condition herein, tirat the conveyed Properfy be dedicated for pLrblic use and inthe event the Grantee fails to use ol'ceases to use the Property exclusively for said use, all right, title and interest in and tothe Property shall revert to the Graltor through a legal Vacation process.

GRANTEE, by signing this lnstrument, accepts the convel'ance of the real properg described herein for a publjcstreet and agrees to the terms of Grantor's Reversion and all other covenants, tenns and conditions of tiiis instrument.

IN WTTNESS WHEREOF, the Grantor iras executed this instrun-rent on this day of2416.

GRANTOR: TIIE L. W. & GLEND{SA Y TRUST

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:/{/L. W. Sather, Trustee

-)-..,:,- ,. !.' .,-j-1gr,,/,Xaz' u-'L^,j'--- -L' /.<-.'l -t1 ii" Glenda Sather, Trustee

Deed of Dedrcarion - SATHER 31 - Iesqlpl2-

State of OREGON

County ofMALHEUR

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,-lrlz'ion tlrisQ4i:'day or

-!Ftfu*:2016, before me, the undersigned NotaryPublic in a:rd for said State, personally

appeared L' W. Sather, Trudtee and Glenda Sather, Trustee, known or identified to me to be the TRUSTEES'oifffn f,.W. & GLENDA SATHT'.R FAMILY TRUST, and they executed the witliin irstrurnent.

N WITNESS WHEREOF, I bave hereurto set my hand and affixed rny ofEcial seal the day and year in tbiscertificate first above written.

Notary Public for (}r r r,z.rMy Commission expires:

@,MARCELLA J SKINNER

NOTARY PUBLIC-OREGONcoMMrsstoN No. 172332

coMMtsst0N Explfl Es 0cT08EB 1 3. 201 6

Ac-cepted by the Common Council of the City of Ontario Pursuant to Ordinance No.

GRANTEE: CITY OF ONTARIO

By'Ronald Veriai, Mayor

Attested:City Recorder: Tori Barnett

Deed of Dedication - SATIIER32 Paoe ? nf?

Exhibit "A"ROW Dedication

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City of Ontario, Malheur County, Oregon

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