HomeMy WebLinkAbout2012-1016 Council Mtg PACKET CITY OF
ASHLAND
Imi3ortant: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permitting,the
Presiding Officer may allow oral testimony. If you wish to speak,please fill out the Speaker Request form located new the entrance to the Council -
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any. The time granted will be dependent to
some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 16, 2012
Council Chambers
1175 E. Main Street .
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.1
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
111. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Executive Session of October 2, 2012
2. Business Meeting of October 2, 2012
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation by Ashland Community Hospital Board on proposed merger with
Dignity Health. Please note: No public testimony will be taken on this topic at
this time.
VII. CONSENT AGENDA
1. Approval of Commission, Committee, and Board Minutes
2. A resolution relating to procedures for the appointment of persons to various
city boards, commissions and committees and repealing Resolution #1989-29
3. Approval of a direct commission to Sue Springer to create and install public
art on the Plaza as part of the Plaza Improvement Project
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to
9:30 p.m. by a two-thirds vote of council {AMC §2.04.050})
None.
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US.
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Adjustments necessary for the biennial budget process for Fiscal Years 2013-
2014 and 2014 —2015 and resolution appointing the budget officer
2. Council consideration of a grant application for a resource center for the
homeless in Ashland
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1 First reading of an ordinance titled,."An ordinance amending Ashland
Municipal Code, Chapter 10.110 Fair Housing"
2. First reading of an ordinance titled, "An ordinance amending Chapter 2.13 of
the Ashland Municipal Code, reducing the number of established members on
the Transportation Commission "
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at(541)488-6002(TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting(28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
ASHLAND CITY COUNCIL MEETING
October 2, 2012
Page I of 6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 2,2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin,Morris,Lemhouse, Slattery, Silbiger, and Chapman were present.
APPROVAL OF MINUTES
The minutes of the Executive Session of September 17, 2012 and Business Meeting of September 18, 2012
were approved as presented.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Public Arts Commission, Housing Commission,
Transportation Commission,Tree Commission, and the Audit Committee.
City Administrator Dave Kanner explained the process for the Ashland Community Hospital (ACH) merger
started in August 2011 when the ACH Board met with Council and agreed to seek an affiliation agreement.
ACH hired a consultant who developed a proposal and screened incoming offers. The process also included
meetings regarding the affiliation the public could have attended and soon a final recommendation for
Council approval. ACH would provide a presentation on the proposed affiliation with Dignity Health at the
October 16, 2012 Council meeting followed with a public hearing regarding the matter at the November 6,
2012 Council meeting.
SPECIAL PRESENTATIONS & AWARDS
Mayor Stromberg's Proclamation declaring October 1 - 8, 2012 as Oregon Days of Culture was read aloud.
CONSENT AGENDA
1. Approval of Commission,Committee,and Board Minutes
2. Approval of a liquor license application for Yasmeen Stroud dba CJ's Bistro at 11 N.First Street
3. Appointment of Abby Capovilla to the Public Art Commission
4. Approval of a resolution transferring appropriations within FY 2012-13 budget
5. Approval of a resolution and ratification of labor contract with the Ashland Police Association
6. Amendment #3 to Jackson County Oregon Intergovernmental Agreement for library services
dated October 16,2007 with the City of Ashland
7. Approval of Cycle Oregon grant applications
Councilor Silbiger and Voisin pulled Consent Agenda item #4 for discussion.
Councilor Chapman/Slattery m/s to approve Consent Agenda items #1-3 and #5-7. Voice Vote: all
AYES. Motion passed.
City Administrator Dave Kanner addressed the transfer of appropriations for the Plaza property. There was
$80,000 budgeted in the Economic Development Fund for the completion of the urban renewal plan
appropriated in the current fiscal year. When Council decided not to go forward with the urban renewal
study, they allocated that amount to downtown improvements. The $102,000 staff was requesting was in an
unappropriated cash balance and required a transfer in order to spend the money. The City had paid the
architects' $16,000 to date and would pay a little more for construction documents. Archeologist charges
ASHLAND CITY COUNCIL MEETING
October 1, 1012
Page 2 of 6
would most likely be under$5,000 for a plan SHPO (State Historic Preservation Office)would review.
Administrative Services Director Lee Tuneberg added the Plaza re-design and the Miller land purchase were
both unanticipated when the budget was set and there were no specific appropriations for the projects. The
$102,000 was dedicated Transient Occupancy Tax funds that could go towards the Plaza re-design. The
$78,000 for the purchase of the Miller property would come from unused appropriation monies identified in
the General Fund in the Economic Development budget.
Councilor Lemhouse/Slattery m/s to approve Consent Agenda item #4. Voice Vote: Councilor Morris,
Lemhouse, Slattery,and Chapman,YES; Councilor Voisin and Silbiger,NO.Motion passed 4-2.
PUBLIC HEARINGS
1. Public hearing to consider raising transportation utility fee and storm drain rates
Administrative Services Director Lee Tuneberg explained staff identified increases in cost, unfunded and
budgeted projects, as well as studies for transportation and storm drain that would determine future costs and
adjustments. Fees in both funds had not increased since October 2009. Staff recommended 5% for
Transportation Utility Fees and 10% for Storm Drain Rates that combined resulted in approximately an 82-
cent monthly increase for a single-family residence. A small adjustment at this time would ward off a larger
increase later. Future adjustments could occur once the Transportation System Plan was complete. The
Storm Drain Utility was unable to fund projects as it went along and consequently was further behind. Not
passing the rate increases would result in under funding operations and possibly spending reserves for capital
projects.
Public Hearing Open: 7:30 p.m.
Public Hearing Closed: 7:30 p.m.
Councilor Morris/Voisin m/s to approve a Resolution titled, "A resolution adopting a transportation
utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2009-
27. DISCUSSION: Councilor Morris did not want to raise fees but thought incremental increases upfront
would avoid major increases in the future. Councilor Voisin preferred drawing on the Ending Balance
instead of increasing fees at this time. She wanted to wait until the Transportation System Plan (TSP) was
finished then come back with higher increases. Councilor Lemhouse would not support the motion, he
wanted to wait for the TSP and in the next budget season, reduce spending to avoid raising rates. Councilor
Slattery agreed with Councilor Lemhouse and supported a biennial budget because it would allow better
planning. Councilor Chapman did not think $65,000 would come close to covering transportation
maintenance needs and wanted to settle consulting fees for the TSP before going forward. Roll Call Vote:
Councilor Morris, YES; Councilor Voisin, Chapman, Slattery, Lemhouse, and Silbiger, NO. Motion
failed 1-5.
Councilor ChapmanNoisin m/s to approve a Resolution titled, "A resolution adopting a storm drain
utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution
2009-28." Roll Call Vote: Councilor Morris and Chapman, YES; Councilor Voisin, Slattery,
Lemhouse,and Silbiger,NO. Motion failed 2-4.
PUBLIC FORUM
Nancy Nelson/149 Clear Creek #202/Requested every public official during the election period sign or
support the MOMS4POP Pledge at MOMS4POP.org to preserve organic power by supporting H.R. 5962
that would pass the genetically engineering labeling bill in Congress. She went on to invite everyone to
attend a speech by GMO Expert Jeffrey Smith October 11, 2012 at 7:30 p.m. at the Central Medford High
School. She submitted information on both into the record.
ASHLAND CITY COUNCIL MEETING
October 2, 2012
Page 3 of 6
Philip Lang/758 B Street/Did not support Healthcare West taking over Ashland Community Hospital
(ACH). Healthcare West was a non-profit organization making a profit through cash reserves and
endowment and lacked salary caps for their executive director. Having a Catholic organization run a
healthcare facility was a bad business decision. If Healthcare West did not provide services women needed
or end of life services, the hospital would lose business.
Suzanne Marshall/61 California Street/Attended the September 13, 2012 meeting at the hospital and was
greatly surprised. During the meeting, Dignity Health officials explained there would be significant changes
due to Dignity Health being a faith based corporation. Additionally, all hospitals under Dignity Health must
.abide by the Catholic Statement of Common Values. During the name change from Healthcare West to
Dignity Health, the Archbishop of San Francisco George Niederauer stated the sisters who established the
hospital had veto authority over any proposed changes to the protocol. When Ms. Marshall asked for a
written guarantee from Vice President of Ethics and Justice Education of Dignity Carol Bayley ensuring
contraception and sterilization would always be available at ACH, the response was no. Ms. Marshall
requested ACH remain secular.
Gayle Wilson/479 Carol Street/Reminded Council if the merger went through it would limit women's
rights and reject Oregon's Death with Dignity law. She implored Council to explore other options. Asante
was one of the RFP (Request for Proposal) respondents and she wondered if they would reconsider an offer
if ACH were an urgent care center with outpatient services and diagnostics instead of a hospital with a
$2,500,000 debt.
Michelle Glass/167 Lincoln Street/As a woman, mother of a daughter and a patient choice advocate, she
was very concerned with a merger that was not good for the community, one the community opposed and
would harm the community for decades. She was not sure if community leaders were hiding behind
bureaucratic process or not but was looking for leadership, advocacy and elected representatives to represent
community interests. She wanted leadership to protect her daughter's rights in the future, her rights today,
and the rights of community members at ACH. It seemed reasonable to consider other options and there was
enough community support to warrant further consideration.
Bert Witt/2721 Quail Run Road, Talent OR/Spoke as a previous hospital patient, stated ACH was a good
hospital and one of the proudest things Ashland had. He acknowledged it may be impossible for the hospital
to continue exactly as it was but strongly opposed giving control of the hospital to an organization striving to
grow three times it size within the next 10 years. When a similar merger in Reno Nevada failed, Dignity
Health sold it to a profit making chain notorious for shutting down institutions and taking the money and
running.
Edeltraud Muroki/1001 Tolman Creek Road/Commented that rights legally protected in Oregon were
important and Dignity Health policies would override certain rights because of their close ties to the Catholic
Church. ACH was in financial trouble but she did not think Dignity Health was the only solution. Dignity
Health promised to keep the hospital the same for the next five years and retain staff while internet research
showed Dignity Health took over a small hospital in Reno Nevada and sold it to a for-profit corporation after
five years. Council's vote regarding the issue at the November 6, 2012 meeting could be the last time
Ashland had control over what happened to ACH.
Jeff Golden/925 Oak Street/Did not think having one merger offer for ACH allowed for an authentic choice
and suggested Council instruct the ACH Board to provide three candidates instead. Three candidates would
allow choice. The stakes were high and the community would live with the consequences of that decision for
a very long time.
Valerie Muroki/1001 Tolman Creek Road/Dignity Health would pay off the hospital's debt and save the
400-plus jobs that would disappear if the hospital went bankrupt. Community was also told abortions,
ASHLAND CITY COUNCIL MEETING
October 2, 2012
Page 4 of 6
reproductive rights, and death with dignity, were minor considerations as Ashland faced the enormity of the
hospital's situation. There was a need to strengthen healthcare in the community, support the rights of
patients to maintain their legally protected rights, and retain some modicum of local control. Dignity Health
promised no changes for five years but that was impossible because the hospital needed to become profitable.
She read from the Dignity Health Statement of Common Values that they try to ensure that stakeholders,
people affected by the decision, could contribute appropriately to the decision, and asked Council to hold off
the decision making until stakeholders had a chance to respond.
Dennis Kendig/640 Thornton Way/Explained he did not support a religious institution running the hospital
and it should remain secular. The Catholic Church intervened with the administration of the Affordable Care
Act when that legislative action threatened the Church's doctrine. What impact would the Catholic Church
have on a town of 22,000 when they became one of the three largest employers? If the merger went through,
he would only use the hospital for emergencies. He was comfortable scaling the hospital back to an urgent
care center if it would help financially but he would was not interested in losing the death with dignity act or
women losing their right to choice.
UNFINISHED BUSINESS None.
NEW AND MISCELLANEOUS BUSINESS
1. Quarterly update of the ad-hoc Homeless Steering Committee
Ad-hoc Homelessness Steering Committee (HSC) Chair Heidi Parker and Committee member Paula Sohl
provided the quarterly update. Ms. Parker thanked Council for researching a possible homeless resource
center noting the need for shower and laundry services. Ms. Sohl explained the HSC met with members of
the faith community to discuss the services they provide. There was support and interest for a day use center
as well as coordinating volunteers to run the center. HSC planned to meet a second time with members of
the faith community October 22, 2012 from 4:00 p.m. - 6:00 p.m. at the Ashland Public Library to discuss
winter shelter services and coordinating volunteers.
The three-way partnership between La Clinica, the Methodist Church, and Community Works was very
successful. The homeless and non-homeless in need utilized the mobile clinic heavily. Donation boxes
installed downtown were vandalized and now undergoing a re-design. During this time, people could make
donations through the St. Vincent de Paul website or the Ashland Chamber of Commerce website.
Currently the Presbyterian Church was the only place offering winter shelter once a week on Sunday nights.
The faith community expressed interest in finding volunteers to provide at least one other night for shelter.
Chair Parker explained the HSC was in the process of adding the Ashland Resource List to the website
within the next month. Alternately, they would distribute hardcopies to people on the streets or anyone
interested in having a copy. Some HSC members met informally with members from Dignity Village and
attended their presentation. The Committee was pursuing veteran services available in Medford and White
City but having difficulty researching and finding a model for Veterans Court.
2. Transportation system plan update
Planning Commission Chair Pam Marsh and Transportation Commission Chair Dave Young provided the
update. Chair Marsh explained the State dictated the transportation system planning process, required
localities to look at current transportation situations, conditions, and assess future growth with the goal to
ensure the transportation infrastructure was adequate. Additionally, the Transportation System Plan (TSP)
should guide capital improvement investments and have a template for unexpected funding opportunities.
The Planning and Transportation Commissions focused the TSP on modal equity to provide opportunities to
extend policies in the current Comprehensive Plan using strategy that would allow the city to expand
capacity of the transportation system, retain some form of human scale and incorporate sustainability with an
emphasis on connectivity and safety values.
ASHLAND CITY COUNCIL MEETING
October 2, 2012
Page 5 of 6
Chair Young added key elements in the TSP included policies, new classification studies and projects for
street function, multi modal, and a safety based review process based on person trips. During the
development review processes, the TSP would provide a more accurate sense of the impacts on particular
developments and open up possibilities for vehicle, pedestrian, and bicycle use improvements. A Fee in Lieu
Of policy could apply to roads not classified for other modes of transportation with the fee supporting
pedestrian or other modal transportation uses elsewhere in the city. TSP studies included the downtown, and
pedestrian crossing evaluation of the Siskiyou Boulevard and the part of Ashland Street surrounding
Southern Oregon University area.
Chair Marsh addressed pedestrian and bicycle improvements in the TSP. The Joint Commissions prioritized
sidewalk gaps near heavy pedestrian travel areas by use then looked at ways to improve the pedestrian
environment. The Fee in Lieu Of policy would apply in areas where the sidewalk policy might need
adjusting. The fee would go into the Street fund to support sidewalk development in higher priority areas.
Bicycle improvements focused on the casual rider, school routes, and areas known for heavy bicycle traffic.
Chair Young noted future transit improvements included a new bus line, Route 8 that traveled by the
hospital, Senior Center, downtown, East Main Street, North Mountain Avenue, Nevada Street, and Hersey
Street. Another recommendation was a rubber wheeled trolley from downtown to the hotels located at Exit
14 and a central transit hub located in the Railroad District. A proposed new road would connect
Washington Street with Tolman Creek Road. Another TSP recommendation was intersection realignment
for Ashland Street, Oak Knoll, and East Main Street. The plan also proposed a roadway connection between
East Nevada Street and North Mountain Avenue, new railroad crossings at 4'h Street and three hubs for
commercial, retail,and transportation amenities.
Chair Marsh commented all the projects in the TSP totaled more than $73,000,000 with $31,000,000
development driven. They prioritized the remaining projects and the high and medium level projects totaled
approximately $24,000,000 appropriated through Capital Improvement funds over the next 24 years. Next
steps included a public meeting October 24, 2012 at the Old Ashland Armory followed by Planning
Commission hearings, then presenting the final TSP document to Council with Planning Commission
recommendations. The TSP set the framework with Council prioritizing projects within the Capital
Improvement budget.
Colin Swales/143 8`h Street/Reminded Council the TSP was not trying to get people out of their cars and
there were Council goals reducing vehicles and vehicular infrastructure. The TSP cost taxpayers $410,000
with some funds coming from State grants and one grant for $40,000 specifically to make Ashland more
multi modal and use the TSP as a model for small city development within Oregon. He was disappointed
with the drive-up window ordinance and thought it was in stark contrast to the TSP.
ORDINANCES,RESOLUTIONS AND CONTRACTS
1. Second reading of an ordinance titled, "An ordinance amending Section 18.32.025 of the Ashland
Land Use Ordinance to provide for the relocation or redevelopment of four financial institutions'
existing, non-conforming drive-up uses in Ashland's Historic Interest Area"
Community Development Director Bill Molnar explained proposed changes amended the current code to
allow the four existing financial institutions located in the Ashland historic district to redevelop or relocate
without a conditional use permit but incorporated high performance standards. He read aloud the following
change to 18.32.025 (E)(2)(b): "Relocated or redeveloped drive-up uses may only be placed on a
secondary building elevation, and only accessed from an alley or driveway. A secondary building
elevation is defined as a building's side or rear elevation which does not face a street, other than an
alley." Staff had a list that identified 1 1 of the 12 drive-ups in the city with one not in use. The City tracked
drive-ups when they received a redevelopment application. If one changed ownership and did not go through
a land use application,a provision required notification to the city or they could lose the rights.
ASHLAND CITY COUNCIL MEETING
October 2, 2012
Page 6 of 6
City Attorney Dave Lohman clarified the Whereas clauses in contracts and ordinances were less important
than the substantive portions and considered a weak part of legislative history.
Mr. Molnar added eliminating the conditional use permit lessoned the City's discretion but going to a special
permitted use in the proposed ordinance set specific design criteria. As long as the applicant adhered to the
high standards specified in the ordinance, they should be able to redevelop, maintain the use, or relocate
within the historic interest area. The Planning Commission thought it was better to give strong direction on
expectations regarding design if they redeveloped or relocated instead of the ambiguity of the conditional use
permit process.
Colin Swales/143 81h Street/Shared equal concerns regarding the Whereas clauses in the ordinance, in
particular the sixth one regarding Transportation Commission findings and thought there were many
inaccuracies. The Comprehensive Plan discouraged drive-up uses and the Whereas clause in the proposed
ordinance deemed it no longer necessary to contain an explicit policy to discourage drive-up uses. The
ordinance would allow the banks to sell to a third party and develop drive-ups elsewhere in town.
Councilor Morris/Chapman m/s to approve Ordinance#3074 as amended.
DISCUSSION: Councilor Morris expressed concern the City did not know the owner or location of one the
drive-ups. The ordinance would allow the City to control drive-ups and if not used within six months they
expired. He clarified the goal to reduce drive-ups was in the economic element of the old Comprehensive
Plan and not in the transportation element. Councilor Silbiger added the ordinance would not allow more
drive-ups and made it difficult for the four existing institutions in the downtown area to redevelop or move.
Councilor Voisin would not support the motion because it eliminated the discretionary power of the Planning
Commission. Councilor Morris noted the Planning Commission had recommended the ordinance with a 5-1
vote. Roll Call Vote: Councilor Silbiger, Chapman, Morris, and Silbiger, YES; Councilor Voisin,
Slattery,and Lemhouse; NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3.
2. Second reading of an ordinance titled, "An ordinance amending Ashland Municipal Code (AMC)
10.64.010 obstructing passageways"
Councilor Voisin/Slattery m/s to approve Ordinance #3075. Roll Call Vote: Councilor Silbiger,
Chapman,Voisin,Slattery,Lemhouse and Morris,YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
None.
ADJOURNMENT
Meeting was adjourned at 9:22 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CONSERVATION COMMISSION MINUTES
6:00pm-8:00pm—August 22,2012
Community Development Building
51 Winbum Way,Ashland,OR 97520
CALL TO ORDER
Chairperson Beam called the meeting to order at 6:00pm.
Attendees:
Thomas Beam,Roxane Beigel-Coryell,Risa Buck,Jim Hartman,Muni Koopman,David Runkel and Mark Weir.
Cat Gould and Jim McGinnis were not present.
City Council Liaison: Carol Voisin
Staff Representative:Lee Tuneberg,Adam Hanks,and Mary McClary.
Chairperson Beam welcomed the Commission's newest member,Mural Koopman,who gave them a brief background about
herself. She works as a climate change scientist with the GEO Institute helping communities prepare to science change and has
resided in Ashland for the past 3 years.
APPROVAL OF MINUTES
Chairperson Beam asked for approval of the minutes for July 29,2012.
Commissioner Buck corrected the compost class was September 8th,not the 6ih.
Commissioner Buck moved to approve the minutes as adjusted of July 29, 2012,seconded by Commissioner Beigel-Coryell.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Adam Hanks asked for clarification,if this motion would include the sub-committee minutes for May/June/July.
Commissioner Buck clarified her motion was to include all sub-committee minutes.
ANNOUNCEMENTS
The next Conservation Commission meeting would be held September 26,2012.
Upcoming sub-committee meetings for September:
Sustainability planning will meet the I`and 3rd Thursday of the month at the Siskiyou Room,Community
Development Building.
Chairperson Beam asked for a motion to move Item B under New Business to next item. So moved by Commissioner Beigel-
Coryell, seconded by Commissioner Hartman
Voice Vote: All Ayes. The motion passed with a unanimous vote.
NEW BUSINESS
North Main ST.Road Diet Project Update
Mike Vaught,the Public Works Director,updated the Commission with the progress and information about the Road
Diet Project. The City Council approved the project August 22,2012,and decided to complete the Wimer/Hersey re-
alignment first,with a target date of September 14,2012. As soon as that is completed,Public Works will restripe the
road,hopefully beginning on September 17,2012,and should take approximately 6 days. They received a$100,000
grant from the state,and total cost would be around$130,000.
He reminded the Commission;this project was a year-long trial and wanted to address how they would measure
success. They have baseline numbers for traffic counts and would take a series of traffic counts during the year. They
also would look to see if accidents and traffic speed were reduced.(85%of traffic is 7 miles over the speed limit)
In addition,they would be measuring the increased volume of bicycle/pedestrian traffic and those baselines have also
already been established. He plans to utilize the volunteers from the Transportation/Planning Commissions to measure
and count during peak periods. Staff members will be trained to do measurements in maintaining The Average Vehicle
Speed,which is another area that will be studied. Altogether they have 16 locations for counts.
Mike will be working with SOU to conduct a city-wide survey to gather information from citizens about how they feel
the Road Diet was working,after it has been in place for a time period. He believed there will be increased support
for the project once it is in place. They plan to begin measuring/counting after a 6-8 week period,then continue on a
monthly basis.
Mike answered questions from the Commission members regarding increasing add counters on different streets,
environmental standards and impacts,overcrowding on certain streets,vegetation,peak periods,average daily trips,
pedestrian crosswalks,and more advantages for multi-mobile transportation coming into the city. The model they
have used for projections not only portrays today,but including up to 20 years.
Lee Tuneberg talked about the safety aspect of possibly spreading traffic throughout the city as an enhancement for
safer driving practices and was looking forward to the results of the project. Carol Voisin was happy to have
alternative options coming into town.
Commissioner Weir was interested in the outcome of the project to help highlight the city's efforts in conservation and
sustainability.
Chairperson Beam thanked Mike for coming to the meeting and discussing a lot of different aspects for the
Commission.
PUBLIC FORUM
Chairperson Beam opened the floor for public forum.
Commissioner Buck spoke to the Commission regarding the LeofBag Program that the Commission has supported in
collaboration with Recology and the Public Works Department. She explained the program sells bags for two weeks at
a discounted rate. Public Works contributes$500 and the Commission has contributed$300 in the past. Last year
Recology sold a total of 295 sets of discounted bags,picking up any cost beyond what was contributed. She asked the
Commission if they would like to financial support the project again.
Commissioner Hartman made a motion to continue supporting the program with a donation of$300 and
Commissioner Beigel-Coryell seconded the motion.
Chairperson Beam requested this item be put on the annual calendar in August or July for review each year.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
UNFINISHED BUSINESS
Unified Land Use Code Project Sub-committee
Chairperson Beam asked the members if anyone wanted to be on the subcommittee. Adam explained the sub-
committee would be involved in reviewing the project that would update,coordinate,consolidate existing land
use ordinances and possibly re-scope existing code.
Chairperson Beam suggested this item be placed on a quarterly agenda,inviting a representative to report on the
progress. The members discussed how this would impact staff.Commissioner Runkel felt it would be easier for staff
if Commissioners gathered the information and gave a report to this Commission.
Commissioner Weir made a motion to dissolve the Unified Land Use Cod Project sub-committee and Commissioner
Runkel and Weir would volunteer to gather information and report back any issue that might concern the Commission.
The motion was seconded by Commissioner Buck.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
2012-13 Commission Master Calendar Review
Adam went over additions and deletions.
November 28"and December 29"would be the Commission meetings for November and December.
NEW BUSINESS
Plaza Improvements Project
Chairperson Beam asked the Commission to review the video of the Council meeting to learn more about
how the Council interacts and the expectations for submitting items. Commissioner Weir was present,not
representing the Commission,butjust to observe. He believed the Commission was following a direction
some Council members requested and he spoke to some members about how the Commission would approach
them directly concerning items. There was discussion regarding Council Liaison,and a section on the Council's
agenda for reports from Commissions and Committees.
Counselor Voisin recapped her conversation at the Council meeting when she made the request on behalf of the
Commission for them to take into consideration the SITES standards for the plaza re-design.
The members watched the video of the Council Meeting,August 7,2012 to better understand the communication
process when they wrote a letter asking the Council if they would use SITES in the re-design of the plaza project.
The members discussed how best to get information to the Council. Lee Tuneberg explained one way would be for the
staff liaison to gather information from the Commission,write a memo and be present at the Council meeting in case
there were any questions or concerns.
Counselor Voisin updated the members about the project design from the August 21"Council meeting. Council voted
to move ahead with the project. She felt the public wanted more details that were not included at the meeting. Also,
she would like to see the definition of sustainability restated for the Council and become included in the future
communications to the Council. Adam explained the vote was to move to the next step of designing a Request for
Proposal(RPP)where all the detail and scope of the project would be explained.
Lee explained all Capital Improvement projects are listed in the budget documents for the current budget year and may
be reviewed by the Commission to determine which areas that may be applicable for them.
2012 Commission Retreat Planning
Set aside.
City Operational Sustainability Plan Sub-committee
Set aside.
Water Sub-committee Report
Set aside.
Staff Liaison Report
Item moved.
OLD BUSINESS
None stated.
QUARTERLY LIAISON REPORTS
Moved to after Council Liaison report
COUNCIL LIAISON REPORTS
Councilor Voisin reported there would be an update regarding the Transportation System Plan at the Council meeting on
September 18,2012. She also recommended the members review the council packet for information. October 15,there would
be a study session about progressive rates for water and she will report back to the Commission in October.
QUARTERLY LIAISON REPORTS
Commissioner Hartman reported all his classes at Ashland High School were composting. Kitchen food scrapes on campus
were being composted and the school garden was still strong. lie has more plants,330 in all for the green roofs and the county
wanted to publicize their work.
He will try and connect with the other school in the district to get updates on their conservation efforts.
OTHER BUSINESS FROM COMMISSIONERS NOT ON AGENDA
Commissioner Buck reported the free three(3)drop off leaf days would be Novemberl 1, December 2,and December 16.
She also announced the Transfer stationjust got a waste vegetable oil container for customer use.
Commissioner Hartman spoke with Albertson who would post of the Conservation winners and he also reported they have not
had a trash pick up for 96 days due to their recycling,compactor and conservation efforts. SOU will receive the pictures neat.
ADJOURNMENT
The meeting was adjourned at 8:02.
Respec(fa 11v submitted by:
Mary McClary
Administrative Assistant for Electric, Telecommunication
and the Conservation Department.
In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting,please contact the
Community Development office at 541-488-5305(TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titlel).
CITY OF =,
ASHLAND
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
August 28,2012
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m.in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy J. Brown,Jr. Bill Molnar, Community Development Director
Michael Dawkins Brandon Goldman, Senior Planner
Eric Heesacker Linda Reid, Housing Program Specialist
Richard Kaplan April Lucas,Administrative Supervisor
Pam Marsh
Debbie Miller
Melanie Mindlin
Absent Members: Council Liaison:
None Dennis Slattery
ANNOUCEMENTS
Commissioner Heesacker announced he will not be present for the September 11 meeting. Commission Brown stated he will also be
out of town. Commissioner Kaplan stated he will not be present for the November 13 meeting.
Commissioner Dawkins informed the Commission of the Council's 4-3 vote to reinstate the Planning Commission's recommendation for
drive-thru windows.Council Liaison Dennis Slattery stated the Council was split on this issue,with some questioning why the banks
were not the ones bringing this change forward and whether the amendment was really necessary.The Commission held a brief
discussion about Council-Commission interactions and their desire to be more in tune with the Council. Several suggestions were
made to improve communication, including holding joint meetings, incorporating the Commission into the Council's goal setting
process,and sending a Commission representative to the Council meetings.
PUBLIC FORUM
No one came forward to speak.
DISCUSSION ITEMS
A. Draft Housing Needs Analysis.
Senior Planner Brandon Goldman and Housing Program Specialist Linda Reid presented the Draft Housing Needs Analysis to the
Commission. Ms. Reid explained the draft was taken before the Housing Commission at their last meeting and it is now coming before
the Planning Commission for review before staff begins the formal adoption process. Ms. Reid pointed out Statewide Planning Goal
#10"To provide for the housing needs of the citizens of the state",and stated in order to make this assessment the City completed the
Buildable Lands Inventory(approved last year)and the second part has been using the Housing Needs Model to determine the
housing needs of the City of Ashland. She explained the Housing Needs Model calculates the housing needs based on population
changes, demographic changes, housing incomes, household sizes,vacancy rates, housing tenure,and housing costs. In addition to
the Housing Needs Model,the Housing Needs Analysis utilized data from the U.S. Census Data,analysis of current market conditions,
community and property owner/manager questionnaires, population data,coordinated population projections,employment data,
housing and development data from Ashland and Jackson Co., the 2002 Ashland Housing Needs Analysis,and 2007 Rental Needs
Analysis.
Ms. Reid commented on the public participation process that was used to gather data and provided a summary of findings contained in
the Needs Analysis. Highlights of the findings include:
Ashland Planning Commission
August 28, 2012
Page 1 of 3
• Ashland is growing,but relatively slowly
• Growth has not occurred evenly in all age groups
• Fewer households own housing in Ashland compared to other areas
• The fastest growing employment sectors in Ashland do not pay enough for a household to afford fair market rents
• The number of low-income households has decreased since 2000 after having increased between 1998 and 2000
• Housing sales prices increased nearly 50%between 1998 and 2001 and have remained higher than the regional average
• The median home sales price in Ashland is not affordable to households with median incomes
• The largest dwelling unit gap exists for households earning less than 10,000 annually
• Ashland has a large deficit of affordable owner-occupied housing units
• Few multi-family units were built between 2001 and 2010
• Ashland is falling short of providing the housing types identified in the 2002 Housing Needs Analysis
• Ashland has a relatively small inventory of land zoned for multi-family housing
Ms. Reid stated the recommendations in the Housing Needs Analysis are to encourage more multi-family housing, and to encourage
more affordable single-family housing types. She outlined the next steps in this process and stated: 1)staff will finalize the draft, 2)the
final document will be taken before the Housing and Planning Commissions for review and recommendation, and 3)the Needs
Analysis will be taken before the City Council for formal adoption.
Ms. Reid asked if the Commission has any questions or comments before the formal adoption process begins. The Commission
shared their general comments about the housing inventory in Ashland. The following is a summary of some of the questions and
comments that were raised:
• Have rents stayed flat or increased in the last few years?Ms. Reid clarified the rental costs have remained fairly flat.
Comment was made that housing costs have continued to decrease and renters may be frustrated that their rates are not
going down as well.
• Can the City require people to build rental housing instead of housing that is for sale?Mr. Molnar stated there are some legal
issues that would need to be addressed with this scenario, however the City was able to do this with the Croman Mill zoning
district and required housing to be a mix of rentals and for purchase units.
• It seems that most of the parcels identified for multifamily housing are too small to accommodate this type of housing, is that
correct?Mr. Goldman clarified multifamily residential is more than one unit on a property. He stated while there are not a lot of
large lots that could accommodate five or ten units, there are a lot of opportunities for second units.
• Comment was made supporting the finding that it is not possible to build affordable housing without subsidies,and
questioning what the City can do to encourage the public sector to participate.Additional comment was made to reduce or
remove the 60-year restriction on affordable units to motivate more people to build affordable housing.
• Suggestion was made to lessen the current zoning restrictions so that it is possible to do more things in the zone,such as
pocket neighborhoods.
• Suggestion was made to outright permit accessory residential units and to raise the threshold for requiring an additional
parking space.
• Comment was made that there are other things aside from affordable housing that keeps families in the community, such as a
strong school system,child care and after school programs, and maintaining and attracting businesses that expand the City's
economic base.
• Comment was made voicing support for manufactured housing and potential changes to policies to encourage this type of
housing.
Mr. Molnar thanked the Commission for their feedback and reminded them to not lose sight of the accomplishments this community
has made in terms of affordable housing. He stated the City set a goal of 10%of new housing stock to be affordable units and we have
exceeded that;and have also provided subsidies to defer and waive fees for affordable units.
B. Business Retention& Expansion Survey Update.
Community Development Director Bill Molnar addressed the Commission and provided a brief presentation on the Business Retention
and Expansion Survey. He explained the City contracted the Ashland Chamber of Commerce to conduct this survey and explained the
survey gathered information in several areas, including: size and age of businesses interviewed, businesses past changes and future
Ashland Planning Commission
August 28, 2012
Page 2 of 3
expectations,skill and training needs by occupation,areas of occupational training difficult to access in Ashland or the Rogue Valley,
future business expansion needs, and interest in conservation activities. Mr. Molnar also shared the top ten items that were learned
from the survey:
1) The advantages of doing business in Ashland are: quality of life, natural and cultural assets, and small-town feel.The
disadvantages are: a small labor pool, lack of specialized/technical skills, and limited market for products and services.
2) Most businesses maintained or increased sales during the recent recession.
3) Local businesses take pride in their employees, loyal customers, and"weathering the storm"during the recent recession.
4) Difficulties centered on hiring qualified and skilled workers, and the need for more technical,sales,and marketing training.
5) Over the past three years businesses increased purchases from regional sources and increased their sales to external
markets.
6) Businesses were optimistic,expecting gains in employment,sales,customers,and profits over the next three years.
7) Nearly half of the businesses expect to expand physically over the next three years, but had concerns about expanding in
their present location due to zoning restrictions or lack of space.
8) Businesses urged a streamlining of the local land use process and felt the effort would support future business development.
9) Interest in sustainable business programs and practices was prevalent across businesses.
10) Businesses were interested in deepening their connections with regional companies and institutions,particularly with SOU,
RCC, and SOREDI.
Mr. Molnar explained the next steps will include other entities in town conducting activities,and stated staff was concerned about some
of the comments about the perceived inability to expand and would like to meet with some of the businesses that had these concerns.
He added the Unified Code Project the Commission is currently working on will streamline the decision making process, although it will
not streamline approvals.
ADJOURNMENT
Meeting adjourned at 9:00 p.m.
Ashland Planning Commission
August 28, 2012
Page 3 of 3
CITY O F
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
September 11, 2012
CALL TO ORDER
Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Michael Dawkins Maria Harris, Planning Manager
Richard Kaplan Derek Severson,Associate Planner
Pam Marsh April Lucas,Administrative Supervisor
Debbie Miller
Melanie Mindlin
Absent Members: Council Liaison:
Troy J. Brown,Jr. Dennis Slattery, absent
Eric Heesacker
ANNOUCEMENTS
Commissioner Marsh announced the Dignity Village presentation will be held Wednesday, September 19,2012 at 6:30 p.m. at
Wesley Hall, 175 N. Main Street,
CONSENT AGENDA
A. Approval of Minutes
1. August 14,2012 Regular Meeting
Commissioners Kaplan 1 Dawkins mis to approve the Consent Agenda.Voice Vote: All AYES.Motion passed 5-0.
PUBLIC FORUM
No one came,forward to speak.
UNFINISHED BUSINESS
A. Approval of Findings for PA-2012-00981,541 Strawberry Lane/48 Westwood Street.
Ex Parte Contact
No ex parte contact was reported.
Commissioners Marsh 1 Kaplan m/s to approve the Findings for Planning Action 2012-00981. Roll Call Vote:
Commissioners Miller, Dawkins, Marsh, Kaplan,and Mindlin,YES. Motion passed 5-0.
TYPE II PUBLIC HEARING
A. PLANNING ACTION: PA-2012-01122
SUBJECT PROPERTIES: 175 Lithia Way
APPLICANTS: First Place Partners
DESCRIPTION: A request for preliminary plat approval of a six-lot subdivision for the four vacant properties
located at 165.175 Lithia Way,at the corner of Lithia Way and First Street.Also included is a request for Site
Review approval to construct a three-story 18,577 square foot mixed-use building with a basement consisting of
commercial and residential space on the first floor and residential space on the second and third floors.An
Exception to the Site Design and Use Standards'Downtown Design Standards(VI-B-3) is also proposed to allow
Ashland Planning Commission
September 11, 2012
Page 1 of 4
for recessed balconies on the front of the building.COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING:
C-1;ASSESSOR'S MAP: 391E 09BA;TAX LOTS: 10100,11601, 11701 and 15000.
Commissioner Mindlin read aloud the public hearing procedures for land use hearings.
Ex Pare Contact
All members indicated they are familiar with the site;no ex parte contact was reported.
Staff Report
Associate Planner Derek Severson explained the request before the Commission is for preliminary plat approval of a six-lot
subdivision including five building lots and a sixth open space/common area lot;site review approval to construct a three-story
18,577 sq.ft. mixed-used building with basement parking, commercial and residential on first floor, residential on the second and
third floors;and an exception to the Downtown Design Standards to allow balconies on the Lithia Way facade.
Mr. Severson called attention to the eight-lot subdivision approved for this site in 2007-2008, and a subsequent approval to
combine two of the lots and construct a mixed use building. Following this approval a fair amount of site work occurred,
including the demolition of the existing buildings and the installation of the majority of the infrastructure,however the approval
expired before construction of the mixed-use building could be initiated.
Mr. Severson stated the current request is largely similar to the previous application.The differences include: 1)reducing the
number of lots facing Lithia Way from five down to three, 2) removing the plaza area from the front of the building,and 3)
increasing the residential component to 10 units. Mr. Severson clarified an exception to the Downtown Standards for the small,
recessed balconies was requested and approved under the previous application.
Mr. Severson briefly outlined the proposed site plan and highlighted several elements of the application,including the plaza
space area,the walkway connection from First Street,the affordable unit proposed for the first floor,and the additional two feet
of sidewalk to be installed along the front of the site. Mr.Severson went on to say staff is recommending approval with the
conditions as proposed.
Questions of Staff
Mr. Severson commented on the code section that speaks to balconies. He stated the desire for downtown properties is to have
a strong storefront presence with buildings placed at the back of the sidewalk, and having second or third stores that are
significantly recessed back can degrade the sense of enclosure that is desired. He explained the exception criteria allows for
small balconies since the bulk of the fagade remains at the zero setback,and noted the Historic Commission reviewed this
application and felt the small balconies worked well on this building.
Comment was made questioning what would happen if Lot 2 is not development,and whether the City could come back and
require the applicant to make the side of the building facing Lot 2 more attractive. Mr. Severson stated to his knowledge the City
has never gone back and asked an applicant to change their building after it has been approved and built,and stated the
applicant intends on placing a building on Lot 2 sometime in the near future.
Concern was raised about the nightly closure of the walkway through the building. Mr.Severson stated the applicant's have
indicated the nightly closure is for security reasons, and the applicants can speak to this when they come forward.
Mr. Severson restated the elements of this application and also commented briefly on the plaza/open space area proposed for
the site.
Applicant's Presentation
Mark Knox,John Galbraith,Jerome White and Randy Jones/Mr. Knox addressed the Commission and stated this project is
a re-do. He stated in many ways it is the same, but there are a few areas where it has been improved upon. He called attention
to the changes in the City Code since their last approval which required them to alter the design, including moving the building
up 8 ft.,expanding the sidewalk width by 2 ft., and shifting the plaza area from the front of the building to the side. Mr. Knox
went on to comment on the recessed balconies and the exception language in the Code,and stated they believe they meet the
intent of Sections 18.80 and 18.72. Regarding the walkway, Mr. Knox clarified this is enclosed in the proposed building and
Ashland Planning Commission
September 11, 2012
Page 2 of 4
there is an alternate walkway open 24/7 through the open space area just 80 feet over. It was noted that the enclosed walkway
is also an emergency access from the building,and residents will be able to exit at the night when the walkway is secured. Mr.
Knox noted they more than meet the plaza requirements, and stated they are proving an affordable unit even though it is not
required at this time. Mr.Jones clarified the residential units will be condos, not apartments;and Mr. White pointed out the
locations of the Historic Commission's recommendations on the site plan,and stated they support the changes.
Questions of the Applicant
Mr. Knox clarified the first floor windows are larger and will be transparent so that people can see inside. Mr.White added they
may install slightly tinted windows on the east side. Mr. Knox clarified this helps to reduce heat gain but you would still be able
to see inside.
Comment was made questioning if this applicant intends to build out all the lots. Mr.Jones answered he can't say whether they
will build and own all five lots, however they certainly want to get this started.He added their intent, provided the level of
success with this first building, is to continue onto the next building and then the next.
Comment was made questioning the affordable housing unit. Mr. Knox clarified the Code states when you build more than 10
units, an affordable unit has to be provided, and they are right at 10. Mr.Jones added they want to build the affordable units as
they go and not delay it.
Public Testimony
Katherine Spierings/2240 Camp Baker Rd,Medford/Stated she is the owner of 164 B Street and commented on the
problems associated with the interface between this commercial site and an older neighborhood. She stated the livability of the
neighborhood is impacted by the Growers Market, the view of wheels entering and exiting the parking lot,and littering. She
stated the deterioration of the wooden fence is an additional problem and requested the fence be turned into a block wall. She
stated she is in favor of this project, but would like the Planning Commission to address the neighbors'concerns for privacy.
Ms. Spierings was asked to clarify her request to the Commission. Ms Spierings answered she would like a continuation of the
block wall that exists on First Street, or something similar to stop people from pushing garbage into their yard and provide better
screening.
Stan Potocki/A letter submitted by Mr. Potocki was read aloud by Commissioner Dawkins. (See attached Exhibit#2012-01)
Applicant's Rebuttal
Mark Knox/Stated recessed balconies are permitted under the exception criteria and noted this only applies to the front of the
building. He stated the residential housing will be a benefit to the area as the residents will provide extra eyes on the street. Mr.
Knox noted they are not applying for a conditional use permit and everything they have proposed meets the standards.
Regarding the concerns raised by the neighbors, Mr. Knox stated the City should work to create a transitional zone and perhaps
allow for higher fence heights, but stated the applicant is not able to correct this issue.
Commissioner Mindlin closed the hearing and the record at 8.70 p.m.
Questions of Staff
Commissioner Kaplan asked staff for clarification regarding Mr. Potackfs letter,which states the City would not change his
zoning,and asked how this relates to the approval criteria for this project. Staff clarified Mr. Potackfs issues do not relate to the
criteria.
Commissioner Marsh asked staff to comment on the fence on the northern part of the property. Staff indicated it is unclear
whether the fence is on the subject property or the adjacent residential property, and depending where it sits there are different
height allowances.
Commissioner Mindlin reopened the public hearing so the applicants could speak to the fence question.
Ashland Planning Commission
September 11, 2012
Page 3 of 4
Mr. Jones stated they are willing to maintain the fence if it is on their property and stated they want to be good neighbors and
work with the property owners to find a solution that is acceptable to everyone. He called attention to the dense hedge that is
listed on the plans that will get 30 feet deep and provide additional screening. Mr.Jones added the City currently leases this
property and are suppose to police it, and once their project is built and they have residents and commercial tenants,their on-
site management will be able to address these issues.
Commissioner Mindlin re-closed the hearing and the record
Deliberations and Decision
Commissioners Marsh 1 Kaplan m/s to approve Planning Action#2012-01122 with the affordable housing condition put
forward by staff and to direct staff to wordsmith a condition regarding landscape maintenance and screening of the
fence at the north property line. DISCUSSION: Commissioner Marsh stated they reviewed and approved this project once
before and believes it has gotten better. She added she would like to put forward an amendment after the rest of the group
shares their comments.Commissioner Kaplan voiced his support for the project and believes the issues regarding the site
boundary and the homes will improve by having this complex built and properly managed. Commissioner Dawkins stated he will
vote in favor of this motion but would have preferred smaller units for people to live and work downtown.
Commissioners Marsh 1 Dawkins Miller mis to amend the motion to require the walkway to remain open at all hours.
DISCUSSION: Staff clarified this walkway is inside the building.Commissioner Dawkins stated he did not know this and
withdrew his second.Commissioner Miller agreed to second the motion. Commissioner Marsh stated the walkway is within the
building, but not within the functional part of the building;and brought attention to the Masonic Walkway which remains open all
the time. Planning Manager Maria Harris read aloud the pedestrian access and circulation standards that apply to this project.
Commissioner Kaplan stated he does not support putting this requirement on the applicant. He stated security of the building is
important, however encouraged the applicants to minimize the number of hours it is closed.Commissioner Dawkins agreed and
stated it is within the owner's rights to figure this out. Commissioner Marsh withdrew her motion.
Commissioner Marsh 1 Miller m/s to amend the original motion to include a condition that asks the owners to look at
leaving the gateway open for the most possible number of hours. Roll Call Vote:Commissioners Marsh,Miller,Mindlin,
and Kaplan,YES.Commissioner Dawkins, NO.Motion passed 4-1.
Roll Call Vote on original motion as amended: Commissioners Miller, Dawkins, Marsh, Kaplan and Mindlin,YES.
Motion passed 5-0.
ADJOURNMENT
Meeting adjourned at 8:45 p.m.
Ashland Planning Commission
September 11, 2012
Page 4 of 4
09/06/2012 10:22 5414826882 VRC PAGE 02/04
September 4,2012 City AExhlbit
Plann
City of Ashland Planning Commission ban a i
City of Ashland
51 Winbum Way
Ashland.,OR 97520
Planning;Action 2012-01122
Subject property: 1751,41iia Way
Issue: Opposition to exception to project and to exception to the site design and use
standards' downtown designing standards(VI-B-3)
Tax lots 10100, 11601, 11701, 15000
Greetings,
My name is Stan Potocki. My business partner and I own 150 N. Pioneer Street,a designated
R-2 property,which borders on the proposed new project at 175 Lithia Way. I am writing in
order to oppose the project and also specifically to oppose the exception to the site design and
use standards downtown design standards involving recessed balconies.
First,we do not believe recessed balconies are warranted and are not in keeping with
established downtown design standards in this commercial area. I do not believe that the
design fits in with the historic neighborhood. We therefore oppose and request that this not be
approved. If approved,we plan on appeal.
I have a number of other concerns which I will now outline. In the criteria outlined involving
the"exception to the site design and use standards"(18.72.090),i.t is noted that approval of an
exception"will not substantially negatively impact adjacent properties." Our property, 150 N.
Pioneer Street will be further negatively impacted which is another basis for opposing this.
I will first briefly address background issues regarding that matter followed by further
specifics. Our property has been very negatively impacted by the City of Ashland parking lot
which is immediately adjacent. We were accommodating at the time it was constructed
approximately 20 years ago. We worked with the City of Ashland on what amounted to a
"good faith" basis. However,the City of Ashland has not followed through with multiple
assurances to revisit zoning in the area for our affected property.
We are essentially an R-2 island in the sea of commercial development. We have owned the
property for approximately the past 23 years and witnessed a strong ongoing further
commercial trend.The City of Ashland previously commissioned very comprehensive studies
independently which recommended rezoning of the area including our property to more of a
mixed use blend of both commercial and residential use.
09/06/2012 10:22 5414826882 VRC PAGE 03/04
The previous City of Ashland planning director specifically advised me that he planned on
redesigrating our property in a new"C-2 or C-3"zoning which would allow for both
combined residential and commercial uses.
However,the City of Ashland has not followed through at all regarding that matter nor with
implementing any of the previous studies which the City of Ashland commissioned. The
planning department has acknowledged on many occasions that it should take place.
There was previously a residential home located next to our property(where the parking lot
exists). That home was moved to make way for the new parking lot. We did not oppose,as
noted, at the time as we instead chose to work with the city on a"good faith"basis over 20
years ago. However,good faith has been a one way street.
Our rentals are located literally several feet from the parking lot. We have had renters move
out specifically because of the intrusion of the parking lot and what it brings.
I will objectively outline some of the specific negative impacts. Clearly these will only be
exacerbated by further development immediately adjacent to the parking lot(i.e.,the proposed
175 Lithia Way development)which borders our property.
Incidents and ongoing issues from having commercial parking and development immediately
next to our"residential'property include the following:
• Car alarms which go off on an ongoing basis at all hours of the day and night(several
feet literally from our"residential"property) for both brief periods of time and also
for much longer periods of time;
• Ongoing remote control loud beeps from patrons of the parking lot checking and
double checking to see if their car is indeed locked;
• Beer bottles and other trash thrown over the fence from the parking lot on a regular
basis;
• Dogs left in cars by patrons of the parking lot which sometimes bark incessantly;
• Homeless people sleeping on the other side of the fence in the bushes,jumping the
fence,and attempting to enter the buildings on our property;
• Vandalism with drunken people from the bars and parking lot literally attempting to
pound open our doors and uproot patio furniture in the late hours of the night;
• Out renters making a decision to move due to having their doors banged on in the
middle of the night;
• Driveway access being blocked by parked vehicles on the street obstructing access.
These are simply some of the issues which have arisen. Further commercial development and
exceptions will clearly only negatively impact what is currently mistakenly zoned a purely
residential use for our property.
2
09/06/2012 10:22 5414826882 VRC PAGE 04/04
Finally, on an entirely separate issue,pedestrian traffic is very heavy at the intersection of
Lithia Way and north First Street. Any further commercial development warrants a traffic
light at that intersection for safety for pedestrians. There would otherwise be repeated
crosswalk use with no safety for crossing the street for pedestrians as there would be much.
f ntber extensive foot traffic beyond what it already is.
Sincerely,
1
Stan potlocki
sp$city of Ashland 090412
' I
i
i
i
3
ASHLAND TRANSPORTATION COMMISSION
MINUTES
August 23;2012
CALL TO ORDER
Chair David Young called the meeting to,order at 6:00 p.m.
Commissioners Present: Tom Burnham, Mike Gardiner, Pam Hammond, Shawn Kampmann, Corinne Vieville and
David Young
Council Liaison: David Chapman
Staff Present: Mike Faught, Scott Fleury and Jodi Vizzini
APPROVAL OF MINUTES
Commissioner Gardiner motioned to approve the July 26,2012 minutes. The minutes were approved as
corrected with a unanimous consent.
PUBLIC FORUM
No one came forward to speak.
ACTION ITEMS
Ethics &Commission Guidelines
Training by City Recorder was canceled.
AMC 2.13.020 Established-Membership '
Mike Faught; Public Works Director, referred to AMC 2.13.020 and proposed the concept of reducing.the
Transportation Commission membership from nine to seven members. He outlined advantages to a reduced
membership and added he was in support of the reduction. He asked for feedback from the Commission.
Commissi'ners'discussed the pins-of a reduced membership which included; l)mathematical reasoning associated
with a smaller membership as it related to the availability,of a quorum;2)difficulty finding nine committed members;
and 3) efficiency challenges at meetings with a large membership. Commissioner Young noted the Transportation
Commission represents a merger of the Traffic Safety and the Bicycle&Pedestrian Commissions and voiced his
concern that a reduced membership may not have a broad representation from all aspects of transportation.
• . fir. r : - ..
Commissioners Gardiner&ieville mis to Fequest that membership as referenced in AMC 2.13.020 be reduced
from nine to seven members. Commissioners Gardiner, Hammond, Kampmann,Vieville,YES.
Commissioner Bumham, N0. Motion passed 4=1. (Commission'er Young abstained.]"
Commissioners discussed the purpose of abstaining. Councilor Chapman shared it is the Commissioners
responsibility to request more information if needed to make a decision; if it is a conflict of interest it should be stated
and the vote is excused.
Commissioner Young changed his abstention to a vote in favor of the motion. Motion passed 5-1.
Lori Lane Alley Vacaffon,
Staff Report
Scott Fleury, Engineering Services Manager,stated staff received a request to vacate an alley which he,unofficially
referred to as the Lori Lane Alley as it is a direct extension of that road,connecting Hersey St.to Van Nss Ave. He
Transportation Commission
August 23,2012
Page I of 5
provided details of the alley and its origin. He explained the procedural process of vacating a public right-of-way as
determined in Ashland Municipal Code 4.18 Vacation of Public Property.
Mr. Fleury provided reasons why staff was not recommending the alley vacation which included Ashland
Comprehensive Plan verbiage to maintain a public easement for,bikes and pedestrians as well as utilities. He
explained the difficulty and cost involved in regaining access to a public right-of-way if needed in the future. Mr.
Faught added the importance of maintaining connectivity as part of the Transportation System Plan.
Commissioners Questions/Comments
• Why is the Transportation Commission hearing this request if the recommendation to Council will essentially
be decided by the Planning Commission?
Answer The petition will have inore'validdy it the Commission'has a counter recommendation+to staff.
• If the alley is vacated,what measures will be taken to keep a person from using it; property owners will still
need access.
Answer: The alley would become private property and could be gated and fenced at a center line location.
• Who would be responsible for maintaining the alley?
Answer: The property,owners would be responsible for developing a maintenance agreement
• A comment was made to change the code to reflect review and recommendation,by the Transportation
Commission as well as the Planning Commission.
Public Testimony
Greg Hartley/342 Glenn St./Stated he was representing Jeannie Aaopardi,279 W. Hersey St. who has an
easement from her backyard to the alley and is adamantly against vacating the alley. He added he uses the alley
frequently as a shortcut both driving and walking to avoid N. Main St.
Rebecca DeSalvo, 292 Van Ness Ave.I Provided the definition of an alley as outlined in Oregon State laws as
"providing access to property along an alley...not intended for through vehicular traffic.0 She noted the alley is,not
designed or maintained as a street. She stated she and her husband have lived at this address for twelve years and
have noticed the traffic on the alley has increased significantly adding the majority of traffic travels from Hersey St.to
Van Ness Ave. and moves much faster in this direction. She described the challenge of using their gate which
accesses the alley, and included safety issues involving their children and other pedestrians. She proposed closing
the alley in the middle,allowing property owners to access it on the Hersey St.,side,yet closing it to through traffic.
Other ideas provided by Ms. DeSalvo included closing the alley completely, making it one-way travel from Van Ness
Ave.to W. Hersey St,and making it pedestrian only by installing posts at both ends. She provided a letter from
Michael and Lisa Walker/304 Van.Ness Ave. in favor of vacating the alley. (DeSalvo letter affached)
Laura Williams/307 W. Hersey St./Stated she has lived at this address for 17 years and works at home.She
highlighted several issues listed.in her letter submitted to the Commission including the desire to restore livability,
which is outlined in the City's vision. She voiced concern with the reconstruction of W. Hersey St.Mimer St.and the
upcoming restrictions on N. Main St./Van Ness Ave.causing vehicles to divert into surrounding,neighborhoods. She
felt the remedy would be to close the alley and urged th e Commission to support the property owners request to
vacate the alley.
Jeannie Aaopardi/279 W. Hersey St./Acknowledged the applicant's concern with increased traffic in the,alley but
was unwilling to relinquish her right-of-way which could potentially affect the property value of her home.
Rebecca DeSalvo/292 Van Ness Ave./Readdressed the Commission and added the four property owners on the
alley have been talking extensively over the past year. She stated her understanding was the meeting would be
informative and give direction on how to proceed. She felt the process was catching her off guard as she has not yet
discussed this with others in the neighborhood;She added the weigh-in from the Transportation Commission was
not,to her knowledge, part of the alley vacating.process.
Transportation Commission
August 13,2012
Page 2 of 5
(Additional Lori Lane Alley vacation letters attached)
DISCUSSION
Mr. Fleury clarified part of the Commission's responsibility is to make recommendations on Transportation related
items to the City Council. He added both the Planning Commission and the Council will consider the Transportation
Commission's recommendation when reviewing the process. Commissioner Young questioned the order of entering
the process prior to the submittal of the petition and asked staff for direction on how to proceed. Mr. Faught
commented the purpose of presenting the item at this meeting was to get ahead of the process and acknowledged
the process in the future could wait until an.actual petition is filed,,.
Commissioner Gardiner voiced concern over this item being an action item based on the applicant's concern with
being blindsided..Commissioner Young noted the Commission's actions are merely advisory. Mr:.Faught provided
information on the role of the Transportation Commission as outlined in Municipal Code 2.13.10 Uniform Policies and
Operating Procedures for Advisory Commissions and Boards. Commissioner Burnham noted the alley is part of the
overall transportation plan for the City and should be vetted by the Commission.
Commissioners offered the following suggestions as alternative solutions to vacating the alley; l)oiling the alley to
eliminate dust;2) posting a speed limit; 3) post loading zone signs; and 4)making the alley one-way travel only. Mr.
Fleury offered to do a traffic study on the alley after the Hersey St.Mimer St.construction is completed.
Commissioners offered their empathy for the conditions of the alley affecting livability and yet acknowledged a
compromise should be considered in.keeping the connective value of the alley to pedestrians and bicycles. .
In response to Ms:DeSalvo's previous reference to the Oregon State law definition of an alley, Mr.Faught referred to
AMC 1.04.010 Definitions, Subsection T which reads,"Street includes all streets, highways;avenues,lanes, alleys,
courts, places, squares,curbs,or other public ways in the City which have been or may hereafter be dedicated and
open to public use, or such other public property so designated in any law of this state." He also_referred to AMC
11.08.20 Alley which reads,"Means'a narrow street through the middle of a block."Mr. Faught stated the need to
maintain the current connectivity for all modes of transportation and suggested that staff meet with the property
owners and discuss alternatives to vacating the alley.
Commissioners KampmannMeville m/s for staff to meet with the property owners,gather information and
attempt to resolve the issue without taking it to the petition level. DISCUSSION: Commissioner Kampmann felt
this would be the most practical action to take.Commissioner Vieville stated she is in favor of litigation. ' ,
Commissioner Gardiner felt the action item was presented to the Commission in the wrong order. Commissioner
Young clarified the property owners should proceed with the petition,followed by the action item presentation to the
Commission.Commissioners Kampmann,Vieville and Young,YES. Commissioners Burnham,Gardiner and
Hammond, NO. Motion tied 3—3. Motion is lost.
(Insert letters from residents)
Cycle Oregon Community Grant
Jodi Vizzini provided information on cycle related items to utilize a$3,500 Community Grant and a$50,000 Signature
Grant if applied for and awarded by Cycle Oregon. She directed attention to a table of items gathered from the
Transportation System Plan including the Commissions prior suggestion to use grant funds to support the Bicycle
Safety Education program. She added Mr. Faught will present the Bike Share Program as an option to utilize the
$50,000 grant if pursued.
Commissioners Burnham/Kampmann mis for staff to apply for the Cycle Oregon Community Grant of$3,500
to be used for the Bicycle Safety Education program. DISCUSSION: Commissioners discussed whether the
$3,500 would be allocated for the 2012-2013 school year or applied to the Bicycle Safety Education program in 2013-
14 if awarded. It was determined the program is underfunded and recommendation was made to apply the grant
award to the current school year. It was acknowledged the$3,500 would be in addition to the$3,000 approved for
Transportation Commission
August 13,1011
Page 3 oj5
the program at the July 26,2012 meeting.Voice vote: all AYES: Motion:passed 6-0.
Cycle Oregon Signature Grant
Mr. Faught shared the idea of submitting a grant came from the City Attorney who suggested looking at a bike rental
program.
'Staff recommended support of the rental program with two locations; Southern Oregon University'and the
Plaza.'He explained the grant would support 10-15 bikes as a start-up'program as illustrated in the information
provided. •u F'
Commissioners discussed locations that could be appropriate for bike rental stations and shared experiences with
out-of-state tourist locations where bike rental stations are successful.
Commissioners Gardiner/Hammond m/s to recommend staff request City Council support to apply for the
Cycle Oregon $50,000 Signature Grant to be utilized for the Bike Share'Program:Discussion:Commissioner
Burnham stated he has seen this program in other towns and felt it would be a great business venture for someone
to start on their own. He added existing businesses could offer bike rentals. Commissioner Kampmann supported the
idea but questioned the demographics. Commissioner Young commented Ashland is the perfect town for this
program as it is would serve the tourist population. Commissioners discussed logistics of implementing and
maintaining the rental stations:Voice vote: all AYES. Motion passed 6—0.
Bike Registration Policy
Commissioner Burnham stated he is in favor of bike registration but felt the$2.00 fee discourages owners to register.
Mr. Faught advised the Commission to have the discussion when a police department representative could be
present. Mr. Fleury noted that a public outreach article regarding the bike registration ordinance was included in the
City Source. Commissioner Burnham requested this item be added to next month's agenda for.further discussion.
NON ACTION ITEMS
N. Main/HerseyllNimer Intersection Realignment Update
Mr. Faught reported the project will be done by September 14 and the restriping for the road diet will begin
September 17.
Commissioner Vieville left the meeting at 8:10 p.m.
Hersey/Laurel Railroad Crossing Improvements Update
Mr. Fleury reported the plans and specifications are complete and will be sent out for construction bid in early 2013.
Oak St Railroad Crossing Improvements
Mr. Fleury reported that he has not heard back from ODOT Rail on their proposed improvement schedule on Oak St.
He stated the Public Works sidewalk/crosswalk improvements are ready to go but are hinging on the progress from
ODOT Rail.
Traffic Crash Summary
No discussion.
INFORMATIONAL ITEMS
Action Summary
Informational item only. No discussion.
TC Budget Balance, . . ..
Informational item only. No discussion.
Oregon Roads Newsletter
Informational item only. No discussion.
Transportation Commission
August 73,1011
Page 4 of 5
COMMISSIONER COMMENTS
Commissioners requested the Ethics &Commission Guideline training be included in a regularly scheduled
Transportation Commission meeting. They were not in favor of attending a separate meeting for the training.
ADJOURNMENT
Meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Transportation Commission
August 13,2012
Page 5 of
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Presentation by the Ashland Community Hospital Board on Proposed Merger with
Dignity Health
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY
Representatives of the Board of Directors of Ashland Community Hospital will present a report to the
Council explaining the Board's decision to enter into a merger and affiliation agreement with Dignity
Health. This is intended to be for information only and is not a public hearing.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland Community Hospital CEO/President Mark Marchetti and former Board Chair Dr. Doug Diehl
met with the City Council in August, 2011, and at that time presented a recommendation—which was
approved by the Council—for seeking an affiliation with a larger hospital group, in order to address
ACH's dire financial situation.
Following that meeting, the hospital, working with Huron Consulting, sent a request for proposals to
25 hospital systems across the United States and received proposals from five. After reviewing the
proposals and hearing presentations, the ACH Board selected Dignity Health, a San Francisco-based
hospital system with 42 hospitals in its portfolio. In April of this year, the hospital and Dignity entered
into a due diligence period during which the parties exchanged information in order to determine
whether to enter into an affiliation agreement. Three weeks ago, the boards of ACH and Dignity
approved a merger terms sheet and are now working out the details of a merger and affiliation
agreement.
The proposed merger with Dignity has generated some controversy in the community, primarily
because of Dignity's prior association with the Catholic Church (Dignity was known as Catholic
Healthcare West until January of this year) and because of its "Statement of Common Values,"which
prohibits abortions (except abortions to save the life of the mother) and prohibits employed physicians
from writing aid-in-dying prescriptions.
FISCAL IMPLICATIONS:
N/A. This presentation is for informational purposes only.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
ATTACHMENTS:
Your Questions Answered sheet
Page I of 1
�r,
AFFILIATION TRANSACTION SUMMARY
ASHLAND COMMUNITY HOSPITAL - DIGNITY HEALTH
Transaction Structure: • The affiliation transaction between Dignity Health and Ashland
Community Healthcare Services doing business as Ashland
Community Hospital ("ACH") will be structured as a merger (the
"Affiliation Transaction").
• ACH will merge into Dignity Health.
• The membership interest of the City of Ashland ("City") in ACH will
disappear and cease to exist as a result of the merger.
• Dignity Health will succeed to the ownership of all of ACH's assets
and will assume responsibility for all of ACH's debts and liabilities.
• ACH will function as an operating division of Dignity Health in the
same manner as substantially all of Dignity Health's other acute care
hospitals.
Hospital Name: • Following the merger, ACH's name on signs, stationary and other
items will be "Ashland Community Hospital, a member of Dignity
Health.
Hospital Community • ACH will .form a Hospital Community Board after the Affiliation
Board: Transaction comprised of local (i.e., Ashland and surrounding areas)
community leaders, local physicians, representatives of the City, and
one or more representatives of the Ashland Community Hospital
Foundation ("ACHF'�, ACH's fundraising foundation.
• The Hospital Community Board will have the following fiduciary roles
and responsibilities with respect to ACH:
• Quality Assessment and Performance Improvement;
• Patient Safety and Utilization Management;
• ACH's Local Operating Policies and Procedures; and
• Medical Staff Governing Body Responsibilities, including
credentialing and peer review functions.
• Hospital Community Board will be advisory to ACH's management
team and Dignity Health with regard to the following matters:
• Realization of mission, vision and values;
• Assessment of community needs;
• Assessment of the needs with regard to ACH's medical staff-,
• Strategic direction and planning;
• Advocacy at all levels of government;
• Establishment of priorities and plans for ACH's Healthy
Communities and Community Benefit Initiatives;
• Annual operating and capital budgets; and
• Clinical and strategic realignment decisions.
PAS-[112793}453917 I.
Capital Commitments: • Dignity Health will make the following capital commitments for ACH
over the initial 5 years:
• Fund the purchase and install the upgrades to the MediTech system
to meet "meaningful use" requirements.
• Fund ACH's annual routine capital needs, on average, in an amount
equal to ACH's capital equipment depreciation.
• Fund the capital for ACH to convert and comply with 1CD-10
standards.
• Fund certain upgrades for ACH that arise out of or relate to the
integration of ACH into Dignity Health, including fo ACH's
facilities, information technology, communications systems, and
other items or systems.
• Dignity Health will fund capital for ACH's strategic initiatives,
including physician engagement, ambulatory diversification, service
line expansion, growth and other capital projects, based on available
capital under its annual capital budget and satisfaction of Dignity
Health's policies for capital projects and strategic initiatives.
Licensure and Services: • Dignity Health will commit to the following for 5 years:
• Maintain ACH's general acute care hospital license.
• Continue to operate a basic emergency medical service at the same
level as currently operated by ACH.
• Continue to operate ACH as a general acute care hospital in a
manner reasonably comparable with its current operation, subject
only to changes or modifications to significant services or programs
operated by ACH as may be appropriate to respond or adapt to (i)
ACH's financial condition or performance, (ii) the general
environment or standards of practice for the delivery of medical,
hospital and/or health care services, (iii) federal, state or local laws,
rules or regulations, (iv) the evolving health care needs in the
communities served by ACH, (v) medical or health care science
innovation or technology, or (vi) the availability of other health
care resources in the communities served by ACH.
Ethical Principles: • Dignity Health's mission is to deliver compassionate, high-quality,
affordable health care; serve and advocate for those who are poor and
disenfranchised; and partner with others in the communities served by
Dignity Health to improve the quality of life. In carrying out its
mission, Dignity Health embodies the values of dignity, collaboration,
justice, stewardship and excellence, and expresses these values in its
relationship with community-based, hospitals through Dignity Health's
Statement of Common Values. Dignity Health will operate ACH's
hospital and other health care or medical services and activities
(including its physician or medical clinics) in a manner consistent with
Dignity Health's Statement of Common Values. A copy of Dignity
Health Statement of Common Values is available online at:
http://www.dignityliealth.orv/stelienu,Yroups/public/ xinternet con sys/d
ocuments/webcontent/st gss047977. df
PAS-[]127931453917 2.
Management and • Dignity Health will succeed to and employ substantially all of the
Employees: employees currently employed by ACH (i.e., physician and non-
physician nursing, technical, supervisory, management and other
employees).
• Employees of ACH will:
• Retain equivalent part-time or full-time status at compensation rates
and with employee benefits that are reasonably comparable and
market competitive to existing rates and employee benefits for
similarly situated employees in ACH's geographic area.
• Receive credit for prior employment with ACH and the City (in
connection with its operation of the hospital prior to the formation
of ACH) for purposes of determining "years of service" under
Dignity Health's employee benefit plans, for purposes of seniority,
and for other relevant purposes.
• ACH's existing Hospital President and other senior management team
members will continue to supervise and direct the day-to-day
operations of ACH.
Medical Staff: • Dignity Health will recognize and retain ACH's existing medical staff
organization ("ACH Medical Staff). ACH Medical Staff s existing
medical staff bylaws, rules and regulations will remain in effect,
subject only to those changes as may be necessary by reason of
Affiliation Transaction.
• ACH Medical Staffs leadership in office will continue to serve through
the remainder of their respective terms-of-office as determined under
the existing bylaws, rules and regulations of the ACH Medical Staff.
Community-Focused • For 5 years and subject to changes resulting from federal and state
Covenants: legislation, ACH will provide an annual amount of charity care services
("Charity Care") in an amount not less than the average annual amount
of Charity Care provided by ACH over the three (3) years immediately
preceding the Affiliation Transaction.
• ACH will conform its charity care and/or financial assistance policies
and procedures to Dignity Health's Patient Financial Assistance Policy.
• Dignity Health's Community Grants Program awards grants to
nonprofit organizations that respond to the priorities identified in a
hospital's health assessment and/or community benefit plan. Dignity
Health grant funds are used to provide services to underserved
populations (economically poor; women and children; mentally or
physically disabled; or other disenfranchised populations). Dignity
Health will work with ACH to implement the Community Grants
Program at ACH for local nonprofit organizations.
Equal Dignity; Corporate • ACH will be treated by Dignity Health in substantially the same
Services: manner and on a reasonably equal basis as Dignity Health's other
operating divisions and subsidiaries that operate acute care hospitals.
• ACH will participate in and receive coverage under Dignity Health's
programs of insurance, self-insurance and risk management based on
Dignity Health's policies and procedures.
PAS-[1127931453917 3.
• ACH will participate in, and will receive services and support for its
information technology and communications needs from, Dignity
Health's Information Technology Services Group. ACH and Dignity
Health will develop a plan to transition ACH's information technology
and communication systems to Dignity Health and to acquire any
equipment, programs, systems or other technology as may be
reasonably necessary as a result of the transition.
• ACH will participate in and receive services and support from Dignity
Health's corporate functions, which include:
• Accounts Payable
• Care Management
• Change Management
• Clinical Innovation
• Communications and Marketing
• Compliance
• Corporate Real Estate
• Emergency Management
• Finance
• HIPAA Privacy and Security
• Human Resources, Labor and Benefits
• Learning and Organizational Effectiveness
• Legal Services
• Managed Care Contracting
• Managed Care Recovery Unit
• Mission Integration
• Patient Safety
• Payroll
• Philanthropy and Fundraising Foundations
• Physician Integration
• Public Policy and Advocacy
• Operations and Process Improvement
• Quality
• Revenue Services
• Strategy and Business Development -
• Supply and Services Resource Management(Supply Chain)
• Transformational Care
• Treasury Services.
Enforcement by Oregon • The Attorney General of the State of Oregon will have the right to
Attorney General: enforce the covenants outlined in this Summary. In addition, for 10
years, Dignity Health will provide written notice to the Attorney
General of the State of Oregon at least 60 days prior to any agreement
or transaction to (i) sell, transfer, lease, exchange, consolidate, option,
convey, close or otherwise dispose of all or substantially all of the
assets of ACH; or (ii) transfer control, responsibility or governance
over ACH from Dignity Health or its affiliates.
PAS-[1127931453917 4.
YOUR QUESTIONS ANSWERED
Hospital Regarding Ashland Community -
Q: Why is affiliation with another healthcare system necessary .
A: There are many reasons Ashland Community Hospital (ACH) is considering an affiliation.
Some of the most compelling are these:
• The percentage of total hospital revenue paid through the Medicare program has
substantially increased (from 41 percent in FY2004 to 52 percent in FY2012) and is
expected to further increase due to our aging population.
• Total revenue through the Medicaid program also has increased.
• Payments for care delivered to Medicare and Medicaid patients have been cut and are
expected to see further reductions.
• ACH does not qualify for enhanced reimbursement as a Critical Access Hospital.
• In FY2012, ACH provided $13M in uncompensated care. This includes a $9M
Medicare/Medicaid shortfall (difference between the cost of service and the reimbursement
received), charity care totaling $1 .4 million and bad debt (payment that is uncollectible) of
$1 .9 million.
• ACH faces competition from two much larger, full-service hospitals only 10 miles away.
• Healthcare reform is pushing toward a model of integration and managed care.
• Our hospital is not alone in this dilemma. Across the country, many hospitals are looking
at alliances as a means to contend with increases in uncompensated care, expensive
mandates such as electronic medical records, increasing supply costs and rapidly evolving
medical technology.
• By partnering with another healthcare organization, Ashland Community Hospital will
continue to grow and be successful. A partner will offer assistance in implementation of
new services and technologies, provide economies of scale, and allow ACH to compete
and be viable in a complex healthcare environment. With a strong healthcare network
behind us, ACH will have organizational stability for the long run and support for a broad
array of locally-based services we can continue to deliver to our community.
Q: Why does Dignity Health want to partner with Ashland
Community Hospital?
A: Dignity Health's vision for the next ten years is to become a vibrant national healthcare
system known for service, chosen for clinical excellence, standing in partnership with patients,
employees and physicians to improve the health of all communities served. As the first
affiliation with a hospital in Oregon, ACH is in line with their goal to expand into this state.
They already have a growing network of hospitals in Arizona, California and Nevada. Our
values and commitment to patient-centered care are a good fit for their organization.
Q: How was Dignity Health chosen?
A: ACH went through an affiliation process. Notices were sent to 23 organizations and
proposals were received from five systems. After reviewing the proposals, Dignity Health
was chosen for exclusive negotiation.
Q: How was the affiliation process determined?
A: The Ashland City Council provided a number of steps that the hospital Board of Directors
was required to follow, including several stages where community input was sought.
Q: What are the next steps in the affiliation process?
A: The ACH Board of Directors and the Dignity Health Board of Directors approved the
affiliation agreement between ACH and Dignity Health in late September. Legal documents
related to the affiliation will have to be finalized and the Ashland City Council will have to
approve both the affiliation and facility lease under which the Hospital operates.
Q: Why was Dignity Health chosen over the other options?
A: At the beginning of the affiliation process, the ACH Board of Directors created a set of
goals for the affiliation. Dignity Health met these goals and more.
• At ACH, our model of healthcare focuses on the needs of the patient as a whole person,
and Dignity Health is an excellent fit with this philosophy of care.
• Dignity is committed to support and grow local services, technology and employment.
• Dignity Health allows its partner hospitals to maintain their name and identity, which was
important to Ashland Community Hospital and its 105-year history.
• Dignity Health's restructuring allows for alignment within a secular (non-religious) context.
• Local governance will be maintained. ACH will have a local community board with a
fiduciary and advisory role, with oversight and input into quality, service development,
strategic initiatives, policies and procedures.
• Like ACH, Dignity Health is also a not-for-profit organization.
• Dignity Health makes a genuine commitment to the community, funding community
grants and community investment loans, promoting environmental responsibility and
expanding access to health care.
Q: Why not partner with one of the other hospitals in Medford?
A: An affiliation with one of the other Rogue Valley hospitals would undermine our existing
cooperation with BOTH of the local healthcare systems—relationships that offer the best
options for our patients in need of some types of specialized care. In addition, the Dignity
Health network offers benefits that a local hospital may not have the resources to provide.
And, in the current healthcare environment, it is not unlikely that Asante may look for its
own affiliation eventually—one that we would have no input in choosing.
Q: Is Dignity Health part of the Catholic Church?
A: No. Dignity Health is a healthcare system made up of a number of hospitals and care
centers. It has both secular and faith-based affiliates. ACH will not be controlled by the
Catholic Church or subject to its Ethical and Religious Directives.
Q: Will Ashland Community Hospital become a Catholic hospital?
A: No. ACH will maintain its current identity and remain secular. The Hospital will be asked
to follow Dignity Health's Statement of Common Values.
Q: What are Dignity Health's Values?
A: Dignity Health's Core Values include the following:
Dignity - Respecting the inherent value and worth of each person and the patient's
right to make medical decisions, while working towards the common good in the
communities we serve.
Collaboration — Working in partnership with all who are called to serve the
community, we have a commitment to advocate for reasonable and accessible care for
all who need it.
Justice - Advocating for social change and acting in ways that promote respect for
all persons and demonstrate compassion for our sisters and brothers who are powerless.
Stewardship - Cultivating the resources entrusted to us to promote healing and
wholeness.
Excellence - Exceeding expectations through teamwork and innovation.
Q: Will abortions be allowed under this affiliation?
A: Currently, ACH does not provide abortions and hasn't performed one in four years. In
fact, most abortions are not performed in a hospital setting. This will continue to be the case
for ACH. If the life of the mother is threatened, an abortion may be performed.
Q: In Oregon, there is the "Death with Dignity" Act. Will the new
affiliation allow for aid-in-dying?
A: Dignity Health respects and supports the right of each patient to make his or her own
medical decisions. It does not interfere with the physician/patient relationship. In Dignity
Health hospitals, there is no obligation to begin or to continue any treatment, even
life-sustaining treatment. The patient's right to full information and the organization's
obligation to provide that information is recognized by Dignity Health.
It does not prohibit hospital staff from discussing end-of-life issues and options with
patients, including aid-in-dying. Physicians who are employees of Dignity Health may not
prescribe medications to end life. However, they may discuss these issues and refer patients
to a physician who does support this option. They may provide the documentation of
diagnosis and prognosis required by the law. Independent physicians in the community may
prescribe end-of-life medications based on their personal moral position, even if they have
privileges at the hospital. Dignity Health-affiliated hospice programs may provide services
to patients who opt for aid-in-dying.
Q: Why is it important to keep ACH in our community?
A: ACH provides an important service to Ashland, Talent and the Rogue Valley.
In FY2012, ACH impacted the health of our community through the following services:
• Admitted 1,514 patients
• Provided 5,078 days of inpatient care
• Delivered 362 babies
• Completed 3,168 surgeries and special studies
• Treated 8,171 patients through the Emergency Department
• Provided school nurse services to approximately 750 children in elementary and middle
schools in Ashland and Talent
• Registered 58,281 outpatients (diagnostic tests, physical therapy, wound treatment,
physician visits and more)
• Made 7,603 home health visits
• Provided 7,343 days of hospice care
• Opened the Center for Family Medicine in Ashland and Talent
• Completed a successful accreditation survey through DNV
• Achieved accreditation for our CT service from the American College of Radiology
• Completed a successful State Board survey of our Pharmacy with no adverse findings
• Scored a 98 out of 100 in the Dietary Department on a survey by the Jackson County
Health Department
• Recognized for excellent patient care in our Wound Center again this year
• Created or renovated the ED, Diagnostic Imaging, Minor Procedure Room, Staff Lounge,
Wound Center, OB Comfort Zones and the Gift Shop
• Invested $1 .5 million in capital including a new x-ray machine, cardiac monitors, nurse call
system, automated medication dispensing system, surgery instruments, lab analyzers, and
patient beds
ACH is critical to the economic health of our community and region. With 400 employees,
ACH is the third largest employer in the City of Ashland and has the largest average wage.
Ashland Community Hospital has total wages of approximately $25 million annually, which
in turn supports the businesses of our community and the Rogue Valley.
Ashland Community ®�
In
Hospital
ACH Ashland Community Hospital
Affiliation • •
For every walk of life.
280 Maple Street • Ashland, Oregon 97520 • 541-201-4000 PLAN ETR EE-patient centered
ashlandhospital.org • facebook.com/AshlandCommunityHospital ® care in a healing environment
MYTH versus TRUTH
Regarding Ashland Community Hospital and Dignity Health
MYTH TRUTH
Dignity Health is a Dignity Health is a secular organization governed by a lay
Catholic Board. It is not a ministry of the Catholic Church and is not
subject to influence or control of the Church or its clergy.
Ashland Community Hospital Ashland Community Hospital will remain a secular
will become a Catholic hospital. This is assured by legal documents among ACH,
hospital Dignity Health and the City.
Dignity Health prohibits the Dignity Health has no restrictions related to
prescribing of contraceptives. contraceptives in its secular hospitals.
Dignity Health prohibits Dignity Health has no restrictions on surgical sterilization
surgical sterilization, e.g., in its secular hospitals
ligation tubal .
Dignity Health prohibits all Dignity Health does not prohibit all abortions. Abortions
are rarely performed in hospitals and Ashland Community
Hospital is no exception. In the case of threat to the life
of the mother, a pregnancy can be terminated in a
Dignity Hospital.
Dignity Health's position Dignity Health's position relative to abortion affects only
relative to abortion affects all the hospital and its employed physicians. Dignity has no
providers in the community. influence over independent physicians in the community
even if they have privileges at the hospital. Dignity also
has no influence over independent service providers such
as Planned Parenthood.
Dignity Health prohibits any Dignity Health encourages physicians to communicate
discussion and consideration openly, honestly, and fully with all patients and
of aid-in-dying, recognizes and respects the patient's right to make
healthcare decisions. Since Dignity-employed physicians
may not write prescriptions for life-ending medications or
otherwise participate in physician aid-in-dying in the
course of their employment, they must direct patients to
other resources.
Dignity Health's position Dignity Health's position relative to aid-in-dying affects
relative to aid-in-dying only employed physicians. Dignity has no influence over
affects all providers in the independent physicians in the community, even if they
have privileges at the hospital.
M1 7X weirsas TRUTH
Regarding Ashland Community Hospital and Dignity Health
MYTH TRUTH
CCD oo�G �p� This is correct. In vitro fertilization is a highly complex and
dbb jfla: 0 technical process never done in a small community
RD o o - aQ NZO hospital setting and never done at Ashland Community
c of o ncl Hospital. The hospital will, of course, be able to deliver a
child conceived through in-vitro fertilization.
D o o The Hospital's Board of Directors went through a careful,
v a G detailed, and structured process over a period of 14
o 0 o months involving 100s of hours of meetings and
discussions. Twenty-three hospitals and healthcare systems
were approached about a potential relationship with ACH.
Five proposals were received. Dignity Health was selected
as best meeting the Board's goals for affiliation.
@ g0fflD&W &@b§0&@b§m W@0 The Board of Directors governs the hospital on behalf
FRJE& of the community. The Board obtained input from many
filg v u constituencies throughout the affiliation process, including
a public forum in October 2011. Discussions were held
regularly with the hospital's Medical Staff, employees,
Foundation Board, Auxiliary, and Patient Advisory Council.
�cp rr ppQ Representatives of the Hospital met with the Mayor,
t� Council, and the City Administrator beginning in August
2011. Council appointed Russ Silbiger as a liaison to the
Hospital's affiliation process. Mr. Silbiger attended
meetings of the Board of Directors and its Executive
Committee beginning in September 2011 and
participated in the presentations made to the Board by
potential partners. A formal report was made to Council
on April 9, 2012, on the decision to enter into a 90-day
period of exclusive negotiations with Dignity Health, as
was the agreement with Council.
0 o G (ET dbog Dignity Health has made guarantees related to the
Mp flagepW o�d)W atm@ g@�Y maintenance of services, support for capital, employment,
u3D103p� b service development, etc. The City retains ownership of
a@ the hospital property, in the same manner as the
hospital's relationship with the City since 1996.
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
A Resolution Relating to Procedures for the Appointment of Persons to Various
City Boards, Commissions and Committees and Repealing Resolution #1989-29
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Resolution No. 1989-29, which outlined the formal process for advertising and provided dates in which
to include input by City Council and Mayor for annual appointments, does not reflect current adopted
ordinances for appointment procedures.
The proposed resolution will reflect current practice for appointments to commissions, boards and
committees and outline a more efficient process for annual appointments to commissions, boards and
committees.
BACKGROUND AND POLICY IMPLICATIONS:
AMC 2.04.090 (C) Regular Commission and Board Membership Appointments
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Adopt proposed resolution
SUGGESTED MOTION:
Motion to approve resolution relating to procedures for the appointment of persons to various city
boards, commissions and committees and repeal Resolution#89-29.
ATTACHMENTS:
Draft Resolution
Resolution#89-29
AMC 104.090 (C)
Page 1 of I
�r,
RESOLUTION NO. 2012-
A RESOLUTION RELATING TO PROCEDURES FOR THE
APPOINTMENT OF PERSONS TO VARIOUS CITY BOARDS,
COMMISSIONS AND COMMITTEES AND REPEALING
RESOLUTION #89-29.
WHEREAS, it is the desire of the Mayor and City Council to encourage participation by citizens,
elected officials and appointed officials in the selection process for all appointments to the City's
Boards, Commissions, and Committees.
WHEREAS, Council adopted Resolution No. 1989-29 which outlined the formal process for
advertising and providing dates in which to include input by the City Council to the Mayor for
annual appointments.
WHEREAS, the intent of Resolution No. 1989-29 provided the formal process, but did not allow
for changes in new types of technology developed for.
WHEREAS, Resolution No. 1989-29 referred to sections of the Ashland Municipal Code that
had been repealed and only referred to annual appointments.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Except for the appointment of members to the Audit Committee and Budget
Committee, the following appointment process shall apply as guidelines for appointment to
existing Boards, Commissions and Committees established by the City Council and to those
Boards, Commissions and Committees subsequently established by the City Council.
SECTION 2. Advisory Board and Commission members' duties and qualifications, uniform
policies and operating procedures are set forth in their respective boards and commission
provisions of Chapter 2 of the Ashland Municipal Code.
SECTION 3. For the annual appointments on terms ending April 30, the City Recorder shall
advertise the positions available in any of the following ways: in a local newspaper of general
circulation, on the City's website, in the City newsletter, with announcements at the city council
meetings and posted at city hall.
Such advertisement shall announce the opening, length of term to be filled, where description of
duties, qualifications that apply and application can be obtained.
The annual recruitment process shall be open 30 days.
Existing Board and Commission members who wish to be reappointed when their term has
expired need not submit a formal application but must submit in writing to the City Recorder
expressing their continued interest in serving another term within the recruitment process
deadline.
Page 1 of 2
SECTION 4. Upon closure of the recruitment period, the applications and any supporting
documents shall be copied to the Mayor, entire City Council and Board and Commission Chairs.
SECTION 5. All applications and supporting documentation shall be kept on file in the City
Recorders office for one year. Should a vacancy occur, the applications on file and any new
applications received shall be sent to the Mayor for review and appointment by approval of the
City Council.
SECTION 6. Before making their recommendation, individual Councilors may interview any
applicant. City Council members shall make their recommendation to the Mayor for
appointment within two weeks of receiving the applications. Thereafter, the Mayor shall make
the appointments subject to the City Council approval at a Council meeting prior to April 30.
SECTION 7. The Audit Committee is appointed by the City Council with three-year terms
ending April 30 of each year. The City Recorder will advertise open positions and submit all
applications and supporting documents to the City Council for their review and appointment
prior to April 30.
SECTION 8. The Budget Committee is appointed by the City Council with four-year terms
(25% of positions renewed each year) ending December 31. The City Recorder will advertise
open positions and submit all applications and supporting documents to the City Council for their
review and appointment prior to December 31.
SECTION 9. All applications and supporting documentation shall be kept on file in the City
Recorders office for one year. Should a vacancy occur, the applications on file and any new
applications received shall be submitted to the City Council for their review and appointment.
This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Page 2 of 2
RESOLUTION NO. 89-.V'l
A RESOLUTION RELATING TO PROCEDURES FOR THE APPOINT14ENT OF
PERSONS TO VARIOUS CITY BOARDS, COMMISSIONS AND COMMITTEES.
WHEREAS, Section 2. 04.081 of the Municipal Code sets forth
public notice requirements regarding the appointment of
persons to various boards, commissions and
committees; and
WHEREAS, it is the desire of the Mayor and City Council to
encourage greater participation by citizens and by all
elected officials in the selection process.
NOW THEREFORE BE IT RESOLVED, as follows:
SECTION 1. The public notice requirements in Section 2.04.081 of the
Municipal Code shall be considered minimum requirements.
SECTION 2. The number of days prior to the date on which annual
appointments or re-appointments are to be made and the specific
actions to be taken by those dates, shall be as follows:
60 days. A public notice entitled "Notice of Appointment" shall
be published as set forth in Sec. 2. 04 .081 of the Municipal Code.
30 days. (1) Deadline for applications from citizens; and (2) a
complete set of applications shall be forwarded to the Mayor and
each Councilor within three (3) days after said deadline.
20 days. Final day for individual Councilors to submit their
personal recommendations to the Mayor.
10 days. Mayor is to submit a preliminary list of .recommended
appointees in writing to each Councilor.
7 days. Final day for individual Councilors to provide the Mayor
with any final comments concerning the list of recommended
appointees.
4 days. Mayor is to submit a final list of appointees for
inclusion with the agenda packet.
SECTION 3. For vacancies which occur during the balance of the year,
the timetable set forth in Section 2.04.081 shall apply.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the 20th day of
June, 1989.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this _,?/a� day of , 1989.
Catherine M. Golden
Mayor
ASHLAND MUNICIPAL CODE
official duties. Discussions and disagreements should focus on the content of the topic at hand.
Nothing should limit a Councilor or staff person' s right to report wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express that
concern to the Mayor,City Administrator,City Attorney.
(Ord 2947,,Amended, 12/18/2007)
Section 2.04.090 Commissions and Boards
A. Establishing Commissions and Boards.
Commissions and boards originate from different sources, including Oregon State Statute, City
Charter and Municipal Code;others are established by direction of the Mayor or the City
Council. Advisory Commissions and Boards which are permanent [Regular] shall be codified in
AMC Chapter 2, including but not limited to Forest Lands Commission, Planning Commission,
Transportation Commission, Planning Hearings Board, Public Recreation Commission, Public
Arts Commission, Conservation Commission, Ashland Airport Commission, Housing
Commission, Historic Commission, Tree Commission, and the Municipal Audit Commission.
AMC 2.10 contains code common to all Appointed Commissions and Boards.
B. Ad-hoc Committees and Task Forces.
The Mayor shall have the authority, with the consent of the Council, to form ad-hoc committees or task
forces to deal with specific tasks within specific time frames. Such ad hoc committees or task forces
shall abide by uniform rules and procedures set forth in AMC 2.10 and such other rules as prescribed by
the order establishing such ad hoc entities. Committees or task forces shall make recommendations by
way of a formal report to the City Council. The Mayor or City Administrator may refer matters to the
appropriate ad hoc committee or task force. The Mayor with the consent of the Council shall appoint the
membership of such committees or task forces. Members of Regular Boards and Commissions may be
appointed to ad hoc committees and task forces. The City Administrator shall by order establish the ad
hoc body' s scope of the work and rules of procedure, if necessary. The Council has the authority to
follow the recommendations, change the recommendations, take no action, remand the matter back to the
ad hoc body or take any other action it sees fit. The Council by majority vote may remove a member of
an ad hoc committee or task force at any time,with or without cause. The City Council by majority,vote
may amend or dissolve an ad hoc committee or task force.
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (AMC 2.11), all committees and boards not required by
state law to be appointed by the City Council shall be appointed by the Mayor with the consent of the
Council. The Mayor may request assistance or recommendations from Councilors in making
appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer
with the consent of the Council. When necessary, the Mayor shall stagger the initial expiration of terms
of appointees, such as in the case of a new commission or board. The Mayor shall not appoint, nor shall
the Council consent to the appointment of a person to more than two (2) regular board or commission
positions at a time. This rule shall not apply to the Planning Hearing Board. Because broad citizen
participation is encouraged, the Mayor and Council shall give due consideration to appointment of new
qualified members before re-appointing a person to more than three (3) full terms on any single regular
board or commission.
D. Mayor Membership on Ashland Budget Committee.
Page 8 of 12
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Approval of a Direct Commission of Sue Springer to Create and Install Public Art
on the Plaza as Part of the Plaza Improvement Project
FROM:
Ann Seltzer, Management Analyst, seltzera @ashland.or.us
SUMMARY
The Public Art Commission has commissioned local artist Sue Springer to create and install art on the
Plaza as part of the Plaza improvement project. The code allows a direct commission. But because the
City has always previously solicited multiple proposals for competitive selection, the Public Art
Commission is requesting Council consideration and approval before finalizing arrangements with Sue
Springer.
BACKGROUND AND POLICY IMPLICATIONS:
A contract for public art is exempt from formal competitive bidding (invitation to bid or request for
proposal)per Ashland Municipal Code 2.50.090 I3.
The City Attorney has interpreted Ashland Municipal Code 2.29.100 as allowing for a direct
commission to a single artist, despite some ambiguity in the wording of the code provisions.
Attached is a letter from the Public Art Commission Chair Carol Davis explaining the reasons for the
direct commission.
FISCAL IMPLICATIONS:
Approximately $850 is available for public art on the Plaza(1/2 of 1% of the project cost per AMC
2.29.180 Cl). The Public Art Commission anticipates the cost will exceed that amount and it will be
necessary to utilize funds from the transient occupancy tax allocation for public art. The actual cost
will be determined when a proposed design has been developed. The design and cost will come to the
City Council for approval in early December.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval.
SUGGESTED MOTION:
I move approval of the Public Art Commission making a direct commission to Sue Springer to create
and install public art on the Plaza as part of the Plaza improvement project.
ATTACHMENTS:
Letter from Carol Davis
Page 1 of I
CITY OF
ASHLAND
October 1,2012
Dear Mayor and City Council:
As you know,AMC 2.29.180 addresses siting public art as part of the design and engineering phase of a
city project and allocates one half of one percent of the total project cost for public art.
The Public Art Commission has determined the best location for public art in the Plaza is on the face of
the new seat walls. We agreed that a standalone piece would not be appropriate given the number of
other vertical elements on the Plaza(Lithia Fountain, Iron Mike, Historic Flagpole etc.). The face of the
seat walls provides an opportunity for color and design and will be visible from all angles. Further,
because the faces of the seat walls are low to the ground, we feel the art will not obstruct or dominate
Plaza sightlines.
As you know,the City intends to begin re-construction of the Plaza in early January with the intent of
completing the project by mid February. The construction documents from Covey Pardee Landscape
Architects are due by the end of October and will be put out for bid in early November. Because the
installation of public art is to be incorporated into the construction documents and time is of the essence,
the Public Art Commission invited local mosaic artist Sue Springer to develop a design concept for the
seat walls. Sue is an expert in tile work and mosaic and has created other noteworthy public art for
Ashland and other cities. The commission feels she has the artistic and practical skills to install appealing
permanent tile work on the exterior vertical surfaces in this location. We recently met with Greg Covey,
Alan Pardee and Sue Springer to discuss the design and installation.
Giving a direct commission to an artist is a departure from our usual process of issuing a call for artists as
was done for Fire Station No.2. The entire process to develop the Call for Artists,solicit proposals,
evaluate the submissions and convene a Selection Panel for public art for Fire Station No. 2 took nine
months. Given the tight timeline for the Plaza project we simply did not have the time needed for our
regular process.
The public art design(s)to be submitted by Ms. Springer will be reviewed by a selection panel and then
be forwarded to the City Council for approval before the end of the year. Because this is different than
we've done in the past, I wanted to apprise you of our actions and request your formal approval at your
meeting on October 16.
Please feel free to contact me with any questions.
Sincerely,
Carol Davis,Chair
Public Art Commission
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Adjustments Necessary for the Biennial Budget Process for Fiscal Years
2013-2014 and 2014-2015 and Resolution Appointing the Budget Officer
FROM:
Lee Tuneberg, Administrative Services/Finance Director, tuneberl @ashland.or.us
SUMMARY
The city chose to go to a biennial budget through Resolution 2011-32. Council action on two
administrative steps, committee member terms and budget officer appointment, are necessary to
prepare for the biennium process that will start in January after newly-elected positions are filled.
BACKGROUND AND POLICY IMPLICATIONS:
Council held a study session on this topic on September 19, 2011. After significant discussion, staff
offered to bring a resolution adopting a biennial budget approach beginning with the two fiscal years
starting July 1, 2013, to Council for consideration.
Resolution 2011-32 was approved November 1, 2011. Staff has provided information over the last year
relating to the "mechanics" of a biennium and the transition off of a single fiscal year budget. As a
reminder, the state information that highlights important steps and considerations is attached.
Budget Committee Member Terms
Oregon Department of Revenue provides guidelines for transitioning to a biennial budget. One
element is to modify Budget Committee member terms so that approximately 25% are renewed each
year. This requirement necessitates changes to the terms of several existing committee members.
Changes proposed with the following table are consistent with state requirements and move the city
toward the 1/4 "turnover" goal.
Ashland Citizen's Budget Committee
Current Following
Position Term New Term Term
# Member Name Expiration Expiration Expiration
#1 Denise Daehler 1 112/31/20121 12/31/2012 12/31/2016
#2 David Runkel 1 112/31/20121 112/31/20121 112/31/2016
#3 Douglas Gentry 1 112/31/20131 112/31/20131 112/31/20171
#4 1 1 Chuck Keil 1 112/31/20131 112/31/20131 112/31/20171
#5 1 1 Lynn Thompson 1 112/31/20131 1 12/31/20141 112/31/20181
#6 1 1 William Heimann1 112/31/20161 112/31/20141 112/31/20181
#7 1 1Roberta Stebbins1 112/31/20161 112/31/20151 112/31/20191
`Change in term to comply with the Biennial Budget rule requiring 1/4 of the terms to a)Pire each year.
Page I of 2
�r,
CITY OF
ASHLAND
The terms relate to the position, not just the incumbent. This means that an incumbent may leave the
committee during their appointed term and any replacement will be to that position number for the
remaining term to ensure ongoing compliance to the state requirement.
A motion is included at the end of this communiqu6.
Budget Officer
Oregon Budget Law requires the appointment of the Budget Officer. In March, 2003, City council
appointed the Finance Director as the Budget Officer. The City Administrator believes that
responsibility should be held by the City Administrator position. A resolution is provided to make this
ongoing appointment.
Unless directed otherwise, staff will prepare for beginning the process for preparing the first biennium
in late January. As the table above indicates, positions #1 and 42 require reappointment if the
incumbent is willing or new candidates to be sought.
FISCAL IMPLICATIONS:
There are no anticipated additional costs for this transition. There may be savings from this transition
but those are not readily quantified.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the following motions.
SUGGESTED MOTIONS:
I move to approve the new term expiration dates for Budget Committee Positions #5, #6 and #7 as
submitted in this document, confirming the state-required four year term, rolling expiration process.
And
I move to approve the resolution appointing the Budget Officer.
ATTACHMENTS:
Resolution Appointing the Budget Officer
Oregon Department of Revenue, Local Budgeting Manual, Chapter 14, Biennial Budgets, pages 73-77
Page 2 of 2
�r,
RESOLUTION NO.
A RESOLUTION APPOINTING THE CITY ADMINISTRATOR AS THE
BUDGET OFFICER PER ORS 294.331
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
The City of Ashland follows the Oregon Local Budget Laws ORS 294 in preparing its budget.
ORS 294.331 requires the governing body to designate the one person to act as the Budget
Officer.
SECTION 1. The governing body is responsible for designating the person to act as Budget
Officer. The Budget Officer shall act under the direction of the executive officer of the municipal
corporations, or where no executive officer exists, under the direction of the governing body.
SECTION 2. The Budget Officer shall prepare or supervise the preparation of the budget
document. The Budget Officer must present a balanced budget to the budget committee. To be
in balance, the resources in each fund must be equal to the expenditures and other requirements
in that fund. The estimates of resources and expenditures must be made in `good faith." That is,
they should be reasonable and reasonably likely to prove correct, based upon know facts at the
time.
The budget officer is responsible for publishing all of the notices required by Local Budget Law.
The Budget Officer is also responsible for monitoring budget expenditures during the budget
year and notifying the governing body of the need to make any budget changes required after
adoption.
SECTION 3. With this resolution, Council designates the City Administrator as the Budget
officer.
i
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
Chapter 14—Biennial budgets
Biennial budgets
Municipal corporations have the option of budgeting for a 12-month fiscal year or for a 24-month "biennial"
budget period.The governing body,by ordinance,resolution or charter,may provide that the budget and bud-
get documents be prepared for a budget period of 24 months. Unless specified in this chapter or elsewhere in
this manual,all provisions of local budget law remain the same for both fiscal year and biennial budgets except
the length of the budget period.
For local governments with the authority to levy tax upon property,the biennial budget period begins on July 1
and ends on June 30 of the second ensuing calendar year(ORS 294.311).
Budget committee
Appointed members of a budget committee that approves a biennial budget serve for a term of four years.The
terms must be staggered so that,as near as practicable, one-fourth of the terms end each year (ORS 294.414,
renumbered from 294.336).
If an existing local government adopts a biennial budget period,there will be a period of transition from fis-
cal year budgets to biennial budgets. During this period, appointive members of the budget committee who
are already serving may serve out their three-year terms.New members or members who are reappointed to
another term may receive four-year terms. However,the governing body may decide to appoint some of these
new or returning members for shorter terms or to shorten the terms of sitting members to less than three years
to establish the staggered schedule with one-fourth of the terms ending each year.
Proposed budget document
Estimating expenditures and resources
All estimates of resources and expenditures and other budget requirements in a proposed biennial budget
must be for the entire 24-month budget period.Total resources must equal total requirements.Estimates of cash
carry forward,beginning balance or net working capital should be the estimated ending fund balance from the
preceding budget period.
If resources include revenue from property taxes, the budget should include the amount expected to be re-
ceived from both tax years covered by the budget period.When estimating the amount to be received,estimate
the amounts for both years separately, as provided in ORS 294.368 (renumbered from 294.381). Estimates of
prior year taxes,interest earnings and other resources to be received should include the total amount expected
during both years of the coming biennium.
Grants must be budgeted if there is a reasonable expectation that they will be received any time during the
coming biennium and the amount of a grant can be ascertained in good faith.
First and second preceding budget period's data and current year data
Resource and expenditure amounts in the"Actual"columns of the budget detail should be the actual resources
and expenditures for the two preceding 24-month budget periods (two biennia). The "Adopted Budget This
Year"column should show the estimated data for the current biennial budget period.
During the transition from fiscal year to biennial budgets,the detail sheets should show a mixture of single-year
budget data and two-year budget data. Do not attempt to"double" the actual or estimated data from a fiscal
year budget to make it comparable to the proposed budget. Explain the discrepancy between fiscal year and
biennial figures in a footnote and in the budget message.
Debt service on bonds
A municipal corporation that has outstanding general obligation or Bancroft bonds, then adopts a biennial
budget should take care to budget and appropriate amounts sufficient to pay the debt service on those bonds
in both years of the succeeding 24-month budget period.
73 iso-wxaza tee.osu>
If bonds are approved by the voters and sold during a biennial budget period, a supplemental budget is not
necessary to pay debt service on the bonds during that budget period [ORS 294.338(4), renumbered from
294.326(5)]. A governing body resolution or ordinance is recommended to document the appropriation of the
debt service payments or if a new debt service fund is created.
If new bonds are approved during a biennium but the budget committee did not approve a debt service levy
for those bonds for the second year of the biennium,a governing body resolution or ordinance is sufficient to
impose and categorize the tax in the second year[ORS 294.476(2),renumbered from 294.437(2)].
Bond proceeds
If bonds are approved by the voters and sold during a biennial budget period,and proceeds from the bonds
will be expended during that same budget period,a supplemental budget is not necessary to appropriate that
expenditure[ORS 294.338(4),renumbered from 294.326(5)].A governing body resolution or ordinance is recom-
mended to document the appropriation.If bonds are approved in one budget period and the proceeds will be
spent in a subsequent budget period,those proceeds must be included in the budget for the subsequent budget
period and appropriated.
Method of accounting
Any change in the basis of accounting must be clearly set forth in the biennial budget message. Once a new
basis of accounting is adopted,it must be followed for the entire biennial budget period. Examples of basis of
accounting are cash,accrual,and modified accrual.Changing from fiscal year budgeting to biennial budgeting
is not a change in the method of accounting(ORS 294.333,renumbered from 294.445).
Budget committee approves tax levies for entire biennium
The budget document as approved by the budget committee must specify the amount or rate of ad valorem
taxes for each fund for both years of a biennial budget period.The amount or rate of tax for each fund must be
stated separately for each tax year.The amount or rate of tax for each fund need not be the same for both years.
In particular,the amount of tax levied for a debt service fund is highly unlikely to be the same for two consecu-
tive years because principal and interest payments tend to fluctuate as the debt is paid down.
An exception to the requirement that the budget committee must approve the tax levies for both years of a bien-
nium is when a local option or bond measure is approved by the voters in an election held after the budget is
adopted.See'Imposing new taxes approved after adoption,"on page 75.
Publication requirements
Budget summary
The summary of the budget document that is approved by the budget committee must be published as pro-
vided in ORS 294.438 (renumbered from 294.416). In that notice,the resources and expenditures approved by
the budget committee for the entire biennium must be compared to the actual expenditures and resources of
the preceding budget period and to the budget summary of the current budget period.
During the transition from fiscal year to biennial budgets, the published budget summaries should show a
mixture of single-year budget data and two-year budget data.Do not attempt to double the actual or estimated
data from a fiscal year budget to make it comparable to the proposed budget.Explain the discrepancy between
fiscal year and biennial figures in a footnote and in the budget message.
Posting the budget summary and notice of budget hearing
If the budget approved by the budget committee is for a biennial budget period,and
• There is no newspaper of general circulation published in the district,and
• The total estimated expenditures in the ensuing budget period do not exceed$200,000,then
iwe W oR 0s127 74
the district may post the budget summary and notice of budget hearing in three conspicuous places within
the district for a period of at least 20 days before the hearing,in lieu of publishing in a newspaper,or by hand
delivery or first-class mail(ORS 294.448,renumbered from 294.421).
Governing body actions after approval by budget committee
Adopt budget and make appropriations
After the budget hearing, the governing body must enact ordinances or resolutions to adopt the budget, to
make appropriations,and to levy and to categorize the property taxes(ORS 294.456,renumbered from 294.435).
The amount of the adopted budget and of appropriations must be the amount budgeted for all 24 months of the
ensuing budget period.Taxes must be levied and categorized separately for both years of the ensuing year of
budget period(ORS 310.060).
Changes to expenditures or taxes before adoption
The budget estimates and proposed amount or rate of ad valorem property tax shown in the approved budget
may be amended by the governing body before the start of the budget period.If the governing body increases
the estimated expenditures approved by the budget committee for any fund in a biennial budget by more than
$10,000 or 10 percent,whichever is greater,or if the governing body increases the amount or rate of ad valorem
taxes for either year,the amended budget must be republished and another public hearing held(ORS 294.456,
renumbered from 294.435).
Once a biennial budget has been adopted,the governing body cannot increase the tax amount for either year
of that budget period unless the voters approve new taxing authority for this district.
Imposing new taxes approved after adoption
If a new local option tax or bond levy is approved by the voters during a biennium,and the tax levy for it was
not included in the budget approved by the budget committee or added by the governing body before adoption
by republishing the budget summary and holding another hearing,to levy the tax the governing body must
adopt a resolution or ordinance imposing the tax and categorizing it as to its Measure 5 category(ORS 294.476,
renumbered from 294.437).The tax must be certified to the assessor under ORS 310.060.These two steps may
only be taken after the election.
If the election is in September of the first year of the biennium, ask the assessor for an extension of time to
certify your taxes for that year and follow the same procedure for including September-approved taxes as with
fiscal year budgets(See "Chapter 10-Tax elections).
If the election is other than September of the first year,the new tax may only be imposed during the second
year of the biennium.When you certify your other taxes in the second year,separately state the new tax levy in
the resolution or ordinance imposing the tax and categorizing it.Budget committee approval is not required.
Adopt a supplemental budget to appropriate the additional revenues.
Governing body actions after adoption
Contingency
A supplemental budget is required before transfers during a biennial budget period of general operating con-
tingency appropriations in excess of 15 percent of the total appropriations in the fund.This applies to transfers
that were not budgeted,but are made after the budget has been approved.That is,it applies to those transfers
of contingency that are made during the budget period for which the contingency appropriation was made.
Unbudgeted transfers from contingency totaling 15 percent or less during the biennium can be made by resolu-
tion or ordinance(ORS 294.463,renumbered from 294.450).
Pass-through payments
When one local government must pass through revenue from taxes, fees or charges to another local govern-
ment, the pass-through payments must be budgeted.The local government making the pass-through of rev-
enue must include in its budget the amount estimated to be received during both years of the biennial budget
75 150-504420(Re..05 12)
period and appropriate the entire amount to be passed through during the budget period.If the actual amount
collected during the budget period exceeds the estimated amount,the governing body must pass a resolution
or ordinance to appropriate the excess(ORS 294.466,renumbered from 294.450).
Interfund loan
If an interfund loan is for the purpose of paying operating expenses,the ordinance or resolution authorizing
the loan must provide that the loan be repaid in the same biennial budget period or in the ensuing budget pe-
riod.If it is to be repaid in the ensuing budget period,then the payment must be budgeted as an expenditure
in the ensuing period and be appropriated.
Capital loans must be repaid within 10 years from the date the loan is made,whether the budget is fiscal year
or biennial.Capital loans not repaid in the budget period in which they are made must be budgeted as an ex-
penditure in the ensuing period(s)and be appropriated ORS 294.468,renumbered from 294.460.
Internal service fund
If a local government includes an internal service fund in a biennial budget,it must budget and appropriate
the anticipated expenditure for the entire biennial budget period.The governing body may increase appropria-
tions of an internal service fund during the current budget period by resolution or ordinance (ORS 294.343,
renumbered from 294.470).
Supplemental budget
A supplemental budget that amends a biennial budget is for the remainder of the 24-month budget period in
which it is adopted. When determining the process for adopting a supplemental budget under ORS 294.471
or 294.473(renumbered from 294.480),the governing body must consider whether the estimated expenditures
being changed by the supplemental budget differ by 10 percent or more from the total appropriated for the
biennium in any of the funds being changed.If the supplemental budget will adjust all of the changing funds'
current biennial expenditures by 10 percent or less,the governing body may use the simple process described
in Chapter 13,in which the supplemental budget is adopted at a regular meeting of the governing body.If the
supplemental budget will adjust any fund's current expenditures by more than 10 percent,a public hearing and
notice according to ORS 294.473 is required.
A supplemental budget cannot authorize an increase in a local government's total ad valorem property taxes
above the amount or rate published with the original biennial budget and certified to the assessor for either
fiscal year of the budget period.
File budget resolutions with Department of Revenue
A local government that does not levy an ad valorem property tax but that is subject to Local Budget Law and that
prepares a biennial budget must file with the Department of Revenue a copy of the resolutions adopting the budget
and making appropriations(ORS 294.458,renumbered from 294.555).This copy must be filed on or before July 15 of
the first fiscal year of the budget period.
File budget document with Department of Education
School districts that prepare a biennial budget must file an electronic version of their budget with the Oregon
Department of Education annually. This version of the budget must be annualized, to show the estimated
resources and requirements for the single upcoming year only.If you are a school district and have questions
about what is required,please contact the Office of School Finance at 503-947-5916.
File budget document with tax supervising and conservation commission(ORS 294.635)
A municipal corporation that is subject to a tax supervising and conservation commission and that adopts a bi-
ennial budget must submit its detailed estimates of the biennial budget to the commission on or before May 15
of the first fiscal year of the budget period.The commission will certify any objections it has to the adoption of
the biennial budget on or before June 25 of the first fiscal year of the budget period.
�wsw-+za�..osizt 76
Retention(ORS 294.555)
A local government that is subject to Local Budget Law and that prepares a biennial budget must retain a true
copy of its budget until the end of the second budget period following the budget period for which the biennial
budget was prepared.
77 15MO4 0(R,..OS1])
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Council consideration of a grant application for a resource center for the homeless
in Ashland.
FROM:
Dave Kanner, City Administrator, kannerd @ashland.or.us
SUMMARY
At its study session on September 17, the Council directed staff to prepare a grant application for the
purpose of soliciting interest from a social service provider who would establish a resource center for
the homeless in Ashland. The application proposed by staff offers $50,000 a year for two years to a
single provider, with the money intended to cover the cost of leasing a facility in Ashland. The
applications would be judged on the following four criteria, each equally weighted: 1. Organizational
stability and solvency; 2. Demonstrated history of providing similar services; 3.Extent to which the
proposal meets grant objectives; and 4. Ability to work cooperatively with other area non-profits in
area of interest.
BACKGROUND AND POLICY IMPLICATIONS:
The idea of providing a resource center for the homeless and those at risk of homelessness has been
long-discussed in Ashland. The latest iteration of the idea, proposed by Councilor Slattery at the
August 6 study session, is to provide lump-sum start-up funding to a social service agency that would
establish a resource center and provide all of the services. At its September 17 study session, the
Council reviewed a staff report on the probable lease costs of a facility that could serve as a resource
center and directed staff to prepare a grant application to use in a competitive solicitation for a provider
of homeless resource center services.
The funding offered in the grant application is $50,000 a year for two years, with the successful
applicant expected to make the resource center self-sustaining after that initial two-year period.
Applicants are asked to provide financial information about their organizations and to respond to six
questions intended to elicit detailed information about the organization's history, experience in
providing similar services, plans for sustaining the resource center beyond the grant period and
performance measurement. The application proposes a list of services that could be provided in a
resource center but does not require any particular menu of services. Instead, applicants must provide
a description of services they would provide. Staff proposes to evaluate the grant applications on four
criteria, each of them equally weighted: 1. Organizational stability and solvency; 2. Demonstrated
history of providing similar services; 3.Extent to which the proposal meets grant objectives; and 4.
Ability to work cooperatively with other area non-profits in area of interest.
Page 1 of 2
PF,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
Approx. $50,000/yr. for two years. Funds have not been appropriated for this purpose in the current
fiscal year.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff requests Council review and, as necessary, modification of the grant application. Some
formatting changes and additional legal disclaimers may need to be added to the application, which
will not be brought back to the Council before it is advertised. In addition, Council needs to decide on
a process for reviewing the grant applications. Possibilities include: Review of all applications by the
full Council in a study session; review by a Council subcommittee that would make a recommendation
to the full Council; review by the ad hoc Steering Committee on Homelessness (with recommendation
to the full Council); and review and ranking by staff with final approval by the Council.
Once the Council has agreed on the application and the review process, staff can be directed to make
the changes and begin the solicitation or staff can be directed to bring a final document back to the
Council for approval.
SUGGESTED MOTIONS:
Move to direct staff to advertise the approved grant application for the provision of a homeless
resource center in Ashland.
ATTACHMENTS:
Draft Request for Grant Funding Proposals for Resource Center for the Homeless
Letter from the board of directors of Options for Homeless Residents of Ashland
Page 2 of 2
Request for Grant Funding Proposals for
Resource Center for the Homeless
Ashland, OR
The City of Ashland seeks applications for grant funding frolified on social service
:X
agencies for the establishment of resource center for the°homeless in Ashland. The City will
make grant funding available in an amount up to $50;000 per year for two years to a qualified
grant recipient. Only one recipient will be select
All" grant funding.'
und ng.
Interested applicants must complete all of the itao d materials and s�them to City of
Ashland, attn: Dave Kanner, city administrator, 20:E� Main,SY Ashland, 0 R97�520, no later
. .;
than 5 p.m, November xx, 2012 Materials may be sent se\ ,via=fax at 541-488-5319;or e-mailed in
.pdf format to dave.kanner(a)ashland`or us, The it of Ashland reserves the right to reject any
application, to waive minor informant es or app ent clericah'istakes, to request clarification
from any applicant and to accept any proposal that,appear�s to be i�n,the best interest of the City of
Ashland.
The Concept=and Grant0b tives
The City of Ashland will provide,grant fundinggfora qualified social service agency to establish
and operate a resource center for the Homeless in Ashland, with the expectation that the
successful applicant will sustain the resource center beyond the initial two-year period through
its own fundraising: The City will make grant funding available in an amount up to $50,000 per
year for two years t a,qualified grant recipient. Grant funding can be used for the purpose of
leasing or purchasing a'facility.for'the resource center, as well as any costs associated directly
v
with a lease, including utilities>property insurance, building maintenance and property taxes.
Grant funding is provided on draw-down basis for actual expenses incurred.
The City envisions a resource center as a facility that provides Ashland's homeless and near-
homeless community with access to basic sanitary and social services that may include, but are
not limited to:
• Toilets and showers • Mail drop (address for job applications)
• Laundry • Internet access, phone charging
• Clothing • Storage lockers
• Referral to other social services • Job-training skills and occupational
• Provide space for: Case management, therapy
mental health and substance abuse • Distribute bus tokens, as needed
counseling • Transitional housing information
• Limited food pantry/warm liquids
r� The grant recipient shall provide services to all individuals or families who are currently
homeless, with emphasis on those who are homeless by virtue of involuntary economic
displacement, or who are at risk of becoming homeless, without-regard to race, religion, gender,
sexual orientation or any other status consider a protected class under state or federal law. The
grant recipient must comply with all federal, state and local laws, regulation, executive orders
9' n \
and ordinances applicable to the resource center facilitie7and the-services provided therein. The
grant recipient may establish standards of behavior f�onusers of th.resource center and exclude
from the center those who fail to adhere to such standards. The resource center shall be open not
less than 20 hours per week. � � r
The grant recipient shall be responsible,for securing a facility;-either by purcha4r lease, and
on-site staff and volunteers, all of whoinAiall be screened and trained by the grant recipient.
V'\". '_ X`,\
Any required remodeling labor, materials, permit and business license costs are the responsibility
of the grant recipient, as well as any materials, equipment, furnishing and supplies required for
the operation of the�ource nte\ ��i ��\ \J
The City must be indemnified fro\m any direct, indirect, incidental, consequential, or special
\ \ 1 pati
damages arising from the grant recipient's occupation, maintenance or operation of the resource
Center. The grant recipient shall be an in pendent'entity, with no affiliation, agency
d C
relations,�hip; or employment relationship with"the City. The grant recipient must comply with the
City's Lyiving Wage requirement ,per AMC 3.12.
The City wishes to have the resource center open for business no later than June 30, 2013.
Grant applications ry\il\I be evaluated on the basis of congruence with the above-described
concept and objectives and'on the prospects for continuing the resource center without City
support after the first two years of operation.
For additional information, contact:
Dave Kanner, city administrator, City of Ashland
541-552-2103 or 541-488-6002
dave.kanner@ashland.or.us ashland.or.us
Application for Ashland Homeless Resource Center Grant
Please fill out the page below. Questions on the following page should be answered on separate
sheets. Please limit responses to no more than one page per question. Use ]] or 12 paint Times
New Roman font. Ifyou use a computerized version of this application, it must match this
application form as presented
DATE: µ .,
ORGANIZATION NAME:
ADDRESS:
r'
Street City `' State Zip
CONTACT:
Name.; Title
°r
Phone:
E-mail:
Signature of Board President Signature of Executive Director/CEO
w
Print or Type Name Print or Type Name
1. Describe your organization's history and its purpose, as well as any specific experience
with providing social services in the City of Ashland.
2. Describe your organization's experience in providing services substantially similar to
those described in the concept portion of this solicitation. Include your organization's
history of working with other agencies that provide complementary services to the
homeless and how such agencies might be engaged in a resource center in Ashland.
3. Describe how your organization would address the needs and desired services as spelled
out in the concept portion of this solicitation, mcludi gour plan for staffing the resource
center. � � �
4. Describe your organization's process for screening and training staff and volunteers.
5. Describe how your organization wouldOfund(operating costs of a'resource center over
those supported by City grant funding. How would you organization l ain funding for
a resource center beyond the two,year City grantafupding period?
6. Please describe outcome and benchmark°measures your, rganization would use to
determine whether the resource center is successful (i.e.11" e ting City objectives as
c=�
described in the�co pfportion ofth s solicita on)���
The successful grant recipient will be required to,comply with Ashland's Living Wage
ordinance. Information about Living Wage is attached. For additional information, please visit
www ashland onus/Code as» dick onthe,linktoChapter 3, Conditions of Employment.
1
Financial Information.
For most recently completed fiscal year:
a. Fiscal Year(mm/yyyy–mm/yyyy)
b. Total organizational budget: $
c. Administration&Fundraising amount: $ %
Z;'`' .
ATMTTM—rat MoRMEMNai7i ng expressed as percent of total budget- also known as
management and genera( that portion o your expenses not dedicated solely to program or
services must be calculated directly from your 1RS form 0. Add part U (Functional
Expenses . line 25 columns • d. hen divide thattotal b Part VI'lil _tafemen of euenu )
d. Total expenses:
e. Total financial support(r venu
f. Sources of support:
r–M rs hips/ mdrvidual-contnbutwns $draisingactivities $ %
Government � � $
Foundations $ %
United Way $ %
Fees for Service $ %
Other(reimbursements, payments, $ %
bequests, etc.)
Applications must be received no later than ffdate]]] at 5 p.m. Completed applications may be
mailed to Ashland City Hall, 20 E. Main St., Ashland, OR 97520, faxed to 541-488-5311, or be
e-mailed to dave.kanner @ashland.or.us.
All applications will be reviewed by [[[who]]] based on the following four criteria:
I. Organizational stability and solvency
2. Demonstrated history of providing similar services
3. Extent to which the proposal meets grant objectives
IN 4. Ability to work cooperatively with otherareannn"-profits in area of interest
Each criterion will be weighed equally in determining the final grant recipient. Semi-annual
progress reports must be submitted to the Ashland City Council
t r3
Yx'
ev
RECEIVED
Dear City Administrator Kanner, OCT o z 2017
We the Board of Directors of Options for Homeless Residents of Ashland
(OHRA) bring to you a concern regarding the criteria for the upcoming RFP
to operate a homeless day use center. It is our understanding that some city
council members are requesting a requirement that the organization chosen
possess prior experience running a homeless day use center. We find this
criteria limiting to the City's potential pool of committed and local
applicants. So limiting that you may end up with only one applicant, the one
you are being steered to by such a requirement.
Should such an applicant win the RFP, but fail to be inclusive in providing
services to the diverse group of community members finding themselves
homeless, or should such an applicant require a subsidy to run a business
which competes with existing local businesses, or should such an
organization require contractual clauses which lack a long term commitment
to the community, you may create a short lived day use center which fails to
get community support. More importantly it will fail to address the needs of
those requiring the assistance provided by a day use center.
We respectfully request that you omit any language requiring prior
experience to run a homeless day use center from the RFP. Please create an
RFP which allows for multiple qualified organizations to both apply, and
have a fair chance of being selected.
Thank you for your consideration on this point of concern.
Option for omeless Residents of Ashland (OHRA) Board of Directors
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Amending AMC Chapter 10.110 Fair Housing Ordinance
FROM:
Linda Reid, Housing Program Specialist, Planning, reidl @ashland.or.us
SUMMARY
The City of Ashland is updating the Fair Housing Ordinance as suggested by the Analysis of
Impediments to Fair Housing Choice study completed in 2009. The proposed revision to the ordinance
brings Ashland's existing ordinance into accord with the protections and definitions provided in State .
and Federal Fair Housing law; adds a"reasonable accommodation" clause for persons with disabilities;
and provides more clarity regarding the process for filing a fair housing complaint. The revision also
removes from the City the responsibility for processing fair housing violations in the municipal court.
BACKGROUND AND POLICY IMPLICATIONS:
The City adopted a Fair Housing Ordinance in 1989 and updated it in 1993. Since then State and
Federal Fair Housing Laws have been changed to include additional protected classes and to more
clearly define those who qualify for inclusion within protected classes and the process for filing a fair
housing grievance. With this update to the City's fair housing ordinance,the Council will remove
uncertainties contained in the original document regarding protected class and protections for people
with disabilities, and provide clarification on the process for filing complaints.
The Housing Commission reviewed the amended Fair Housing Ordinance at its regular meeting on
August 22, 2012. At that meeting the Housing Commission forwarded a recommendation to City
Council to go with option two and remove the local compliance.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the ordinance amendment.
SUGGESTED MOTION:
I move for approval of the first reading by title only of an Ordinance titled, "An Ordinance Amending
Ashland Municipal Code, Chapter 10.110 Fair Housing".
ATTACHMENTS:
Current Fair Housing Ordinance AMC 10.110
Amended Fair Housing Ordinance
August 22, 2012 Housing Commission Meeting Minutes
Page I of 1
�r,
CHAPTER 10.110
FAIR HOUSING
SECTIONS:
10.110.010 Declaration of policy.
10.110.020 Definitions.
10.110.030 Unlawful practices.
10.110.040 Exemptions.
10.110.050 Procedures.
10.110.060 Other remedies.
10.110.070 Penalties.
10.110.080 Severability of invalid provisions.
SECTION 10.110.010 Declaration of policy.
It is hereby declared to be the policy of Ashland,Oregon, in the exercise of its policy power for the public
safety, public health, and general welfare to assure equal opportunity to all persons to live in decent
housing facilities regardless of race, color, religion, sex, sexual orientation, national origin or familial
status and, to that end,to prohibit discrimination in housing by any persons. (Ord 2746, 1994)
SECTION 10.110.020 Definitions.
When used herein:
A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and
condominiums.
B. "Discrimination" or "discriminatory housing practice" means any difference in treatment based
upon race, color, religion, sex, sexual orientation, national origin, disability or familial status; or
any act that is unlawful under this ordinance. (Ord.2713, 1993)
C. "Person" includes individuals, children, firms, associations,joint adventures, partnerships,estates,
trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.
D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person having
the right of ownership or possession, or the right to sell, rent or lease any housing
accommodation.
E. "Financial Institution" includes any person, as defined herein, engaged in the business of lending
money or guaranteeing losses.
F. "Housing accommodation" or "Dwelline" means any building, mobile home or trailer, structure,
or portion thereof which is occupied as, or designed, or intended for occupancy,as, a residence by
one or more families, and any vacant land which is offered for sale or lease for the construction or
location thereon of any such building, mobile home or trailer, structure, or portion thereof or any
real property, as defined herein, used or intended to be used for any of the purposes set forth in
this subsection.
G. "Open Market" means the market which is informed of the availability for sale, purchase, rental
or lease of any housing accommodation, whether informed through a real estate broker or by
advertising by publication, signs or by any other advertising methods directed to the public or any
portion thereof, indicating that the property is available for sale, purchase, rental or lease.
H. "Older Person" A person of age fifty-five(55)or older.
1. "Familial Status" The presence or absence of children within a household unit, under eighteen
(18)years of age.
J. "Disabili " means a physical or mental impairment which substantially limits one or more major
life activities. "Disability" includes having a record of such an impairment or being regarded as
having such an impairment.
K. "Sexual orientation" means attraction to or selection of a sexual partner according to gender.
"Sexual orientation" includes having a history of that attraction or selection, or being identified
with that attraction or selection. "Sexual orientation" is limited to heterosexuality, homosexuality,
and bisexuality.
SECTION 10.110.030 Unlawful practices.
In connection with any of the transactions set forth in this section which affect any housing
accommodation in the open market, or in connection with any public sale, rental or lease of any housing
accommodation, it shall be unlawful within the City of Ashland for a person, owner, financial institution,
real estate broker or real estate salesman, or any representative of the above, to:
A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a person
because of race, color, religion, national origin, disability, sex, sexual orientation or familial
status or
B. To discriminate against a person in the terms, conditions or privileges of the sale,rental or lease of
any housing accommodation, or in the furnishing of facilities of services in connection therewith;
or
C. To represent to a person that any housing accommodation is not available for inspection, sale,
rental or lease when in fact it is so available, or to refuse to permit a person to inspect any
housing accommodation on the open market because of race, color, religion, or national origin,
disability, sex, sexual orientation or familial status; or
D. To make, publish, print, circulate, post or mail, or cause to be made, published, printed,
circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to
sign or to use a form of application for the sale, rental, lease or financing of any housing
accommodation, or to make a record of inquiry in connection with the prospective sale, rental,
lease or financing of any housing accommodation, which indicates any discrimination or any
intent to make a discrimination.
E. To retaliate or discriminate in any manner against a person because that person has opposed a
practice declared unlawful by this article, or because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding, hearing or conference
under this ordinance; or
F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective purchaser,
renter or lessee. (Ord 2746, 1994)
SECTION 10.110.040 Exemptions.
A. This ordinance shall not apply to:
1. A religious organization, association, or society or any nonprofit institution or organization
operating, supervised, or controlled by or in conjunction with a religious organization,
association, or society, which limits the sale, rental, or occupancy, of dwellings which it owns or
operates for other than commercial purposes to persons of the same religion, or which gives
preference to such persons, unless membership in such a religion is restricted on account of race,
color, sex, sexual orientation, national origin, disability or familial status.
2. A private club not in fact open to the public, which as an incident to its primary purpose or
purposes, provides lodgings which it owns or operates for other than a commercial purpose, and
which limits the rental or occupancy of such lodgings to its members or gives preference to its
members.
3. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no
more than two(2)families living independently of each other, if the owner actually maintains and
occupies one of such living quarters as a personal residence.
B. The requirements of this ordinance on prohibition of discrimination on the basis of familial status
shall not apply to:
1. Dwellings provided under any State or Federal program specifically designed to assist older
persons, or to dwellings in bona fide retirement communities designed and operated for older
persons or dwellings otherwise intended and operated exclusively for older persons, equipped
with facilities specifically designed for the physical and social needs of such persons.
2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum number of
occupants permitted to occupy a dwelling unit.
3. Any housing provided, owned or operated by the State or Federal Government.
4. Any housing unit of less than four hundred (400)square feet gross floor area.
SECTION 10.110.050 Procedures.
Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint with the
Fair Housing Officer no more than sixty (60) days after the alleged unlawful practice occurred. The Fair
Housing Officer or a duly authorized representative shall investigate each complaint and attempt to
resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with
this ordinance shall cause the Fair Housing Officer to forward the complaint and findings to appropriate
state and federal officials. The Fair Housing Officer may also file a complaint with the Ashland
Municipal Court as provided in Section 10.1 10.070.
SECTION 10.110.060 Other remedies.
Nothing herein contained shall prevent any person from exercising any right or seeking any remedy to
which such person might otherwise be entitled or from filing a complaint with any appropriate
governmental agency.
SECTION 10.110.070 Penalties.
Any person violating or causing the violation of any provision of this ordinance has committed an
infraction, and, upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland
Municipal Code. Such person is guilty of a separate violation for each and every day the violation
continues.
SECTION 10.110.080 Severability of invalid provisions.
In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or the
application of such sections, subsections, clauses or provisions to any situations, circumstances, or
person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity
shall not affect any other sections or provisions of this ordinance or the application of such sections,
subsections, clauses or provisions to any other situation, circumstance or person, and it is intended that
this ordinance shall be constructed and applied as if such had not been included in this ordinance. (Ord.
2527, 1989; Ord. 2713, 1993)
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE CHAPTER 10.110 FAIR HOUSING
Annotated to show ae'�sand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland contracted with the Fair Housing Council of Oregon to
complete and Analysis of Impediments to Fair Housing Choice which recommended that the
City undertake an update of the Fair Housing Ordinance, and
WHEREAS, the City of Ashland Housing Commission considered the above-referenced
recommendation and finalized the recommended amendments to the Ashland Municipal Code at
a duly advertised public hearing on August 22, 2012 and following deliberations recommended
approval of the amendments to the City Council on October 16, 2012.
THE PEOPLE OF THE CITY.OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 10.110 Fair Housing is hereby amended to read as follows:
SECTION 10.110.010 Declaration of Policy.
It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its policy power for
the public safety, public health, and general welfare to assure equal opportunity to all persons to
live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, eg nder
identity, national origin, source of income, or familial status and, to that end, to prohibit
discrimination in housing by any persons. (Ord. 2746, 1994)
Ordinance No._ Page 1 of 7
SECTION 10.110.020 Definitions.
When used herein:
A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives
and condominiums.
B. "Discrimination" or "discriminatory housing practice" means any difference in treatment
based upon race, color, religion, sex, sexual orientation, national origin, disability or
familial status; or any act that is unlawful under this ordinance. (Ord. 2713, 1993)
C. "Person" includes individuals, children, firms, associations,joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all
other groups or combinations.
D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person
having the right of ownership or possession, or the right to sell, rent or lease any housing
accommodation.
E. "Financial Institution" includes any person, as defined herein, engaged in the business of
lending money or guaranteeing losses.
F. "Housing accommodation" or "Dwelling" means any building, mobile home or trailer,
structure, or portion thereof which is occupied as, or designed, or intended for occupancy,
as, a residence by one or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building, mobile home or
trailer, structure, or portion thereof or any real property, as defined herein, used or
intended to be used for any of the purposes set forth in this subsection.
G. "Open Market" means the market which is informed of the availability for sale, purchase,
rental or lease of any housing accommodation, whether informed through a real estate
broker or by advertising by publication, signs or by any other advertising methods
directed to the public or any portion thereof, indicating that the property is available for
sale, purchase, rental or lease.
H. "Older Person" A person of age fifty-five (55) or older.
1. "Familial Status" , unde
eighteen (18) years of age. means a relationship between one or more individuals
who have not attained 18 years of age and an adult with whom the individual(s) is
(are) domiciled and who is (1) a parent or person having legal custody of the
individual(s), or (2) an adult to whom such parent or person having such custody
has given written permission to provide housing for the individual(s). "Familial
Status" also means the condition of being and individual, regardless of age or
domicile,who is pregnant or is in the process of securing legal custody of an
individual who has not attained 18 years of age.
J. "Disability" means a physical or mental impairment which substantially limits one or
more major life activities. "Disability" includes having a record of such an impairment or
being regarded as having such an impairment
K."Sexual orientation" means attraction to or selection of a sexual partner according to
gender. "Sexual orientation" includes having a history of that attraction or selection, or
being identified with that attraction or selection. "Sexual orientation" is limited to
heterosexuality, homosexuality, and bisexuality.
L. "Source of Income" means financial resources a person uses to support himself or
herself and his or her dependents, including but not limited to money and property
from any occupation, profession or activity, from any contract, settlement or
Ordinance No._ Page 2 of 7
agreement, from federal or state payments, court ordered payments, gifts, bequests,
annuities, life insurance policies, and compensation for illness or injury, but
excluding any money or property derived in a manner made illegal or criminal by
any law, statute or ordinance.
M. "Gender Identity" means a person's actual or perceived sex, including a person's,
appearance, expression or behavior,whether or not that identity, appearance,
expression or behavior is different from that traditionally associated with the
person's sex at birth.
N. "Fair Housing Officer" means the City Attorney or designee who will serve as the
designated Fair Housing Officer.
SECTION 10.110.030 Unlawful Practices.
In connection with any of the transactions set forth in this section which affect any housing
accommodation in the open market, or in connection with any public sale, rental or lease of any
housing accommodation, it shall be unlawful within the City of Ashland for a person, owner,
financial institution, real estate broker or real estate salesman, or any representative of the above,
to:
A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a
person because of race, color, religion, national origin, disability, sex, sexual orientation,
gender identity, source of income or familial status; or
B. To discriminate against a person in the terms, conditions or privileges of the sale, rental or
lease of any housing accommodation, or in the furnishing of facilities of services in
connection therewith; or
C. To represent to a person that any housing accommodation is not available for inspection,
sale, rental or lease when in fact it is so available, or to refuse to permit a person to
inspect any housing accommodation on the open market because of race, color, religion,
or national origin, disability, sex, sexual orientation, gender identity, source of income,
or familial status; or
D. To make,publish, print, circulate, post or mail, or cause to be made, published, printed,
circulated, posted or mailed, any notice, statement or advertisement, or to announce a
policy, or to sign or to use a form of application for the sale, rental, lease or financing of
any housing accommodation, or to make a record of inquiry in connection with the
prospective sale, rental, lease or financing of any housing accommodation, which
indicates any discrimination or any intent to make a discrimination.
E. To retaliate or discriminate in any manner against a person because that person has
opposed a practice declared unlawful by this article, or because that person has filed a
complaint, testified, assisted or participated in any manner in any investigation,
proceeding, hearing or conference under this ordinance; or
F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective
purchaser, renter or lessee. (Ord. 2746, 1994)
G. A refusal to permit, at the expense of the a person with disabilities, reasonable
modifications of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enioyment of the
premises, except that, in the case of a rental, the landlord may where it is
Ordinance No. Page 3 of 7
reasonable to do so condition permission for a modification on the renter agreeing
to restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted.
SECTION 10.110.040 Exemptions.
A. This ordinance shall not apply to:
1. A religious organization, association, or society or any nonprofit institution or
organization operating, supervised, or controlled by or in conjunction with a religious
organization, association, or society, which limits the sale, rental, or occupancy, of
dwellings which it owns or operates for other than commercial purposes to persons of the
same religion, or which gives preference to such persons, unless membership in such a
religion is restricted on account of race, color, sex, sexual orientation, national origin,
disability or familial status.
2. A private club not in fact open to the public, which as an incident to its primary purpose
or purposes, provides lodgings which it owns or operates for other than a commercial
purpose, and which limits the rental or occupancy of such lodgings to its members or
gives preference to its members.
3. Rooms or units in dwellings eontaining living quarters oeeupied or intended to be
oeeupied by no more than twe (2) families fiving independently of eneh other-, if the
.esidenee. The leasing or renting of a room or rooms within an individual living
unit which is occupied by the lessor as his or her primary residence.
B. The requirements of this ordinance on prohibition of discrimination on the basis of familial
status shall not apply to:
1. Dwellings provided under any State or Federal program specifically designed to assist
older persons, or to dwellings in bona fide retirement communities designed and operated
for older persons or dwellings otherwise intended and operated exclusively for older
persons, equipped with facilities specifically designed for the physical and social needs of
such persons.
2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum
number of occupants permitted to occupy a dwelling unit.
3. Any housing provided, owned or operated by the State or Federal Government.
4. Any housing unit of less than four hudred (400) square feet gross floor area.
C. The prohibitions in section 10.011X`U4gainst discrimination on the basis of sexual
orientation and gender identity do not apply to;
1. To the leasing or renting of a room or rooms within an individual living unit which is
occupied by the lessor as his or her residence.
2. To the leasing or renting of a room or rooms within individual units where one of the
units is owner occupied;
3. To space within a church, temple, synagogue, religious school, or other facility used
primarily for religious purposes.
D. The prohibitions in section 10.011. against discriminating on the basis of source of
income do not prohibit:
1. Inquiry into and verification of a source or amount of income;
2. Inquiry into, evaluation of, and decisions based on the amount, stability, security or
creditworthiness of any source of income;
Ordinance No._ Page 4 of 7
3. Screening prospective purchasers and tenants on bases not specifically prohibited
by this chapter or state or federal law;
4. Refusal to contract with a governmental agency under 42 U.S.C. 1437f(a) "Section
8". _?
E. The prohibitions in section 10.01 LP40 against discriminating on the basis of gender
identity do not prohibit:
1. Health or athletic clubs or other entities that operate gender-specific facilities
involving public nudity such as showers and locker rooms, from requiring an
individual to document their gender or transitional status. Such documentation can
include but is not limited to a court order, letter from a physician, birth certificate,
passport, or driver's license.
SECTION 10.110.050 Procedures.
Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint
with the Fair Housing Officer no more than sixty (60) days one year after the alleged unlawful
practice occurred. The Fair Housing Officer or a duly authorized representative shall investigate
each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable
to both parties and compliance with this ordinance shall cause the Fair Housing Officer to
forward the complaint and findings to appropriate state and federal officials. The Fair Housing
Offieer- may also file a eomplaintwith the Ashland Alunieipfil Court as provided in Seet
1 n.:PTO.
SECTION 10.110.060 Other rem—edies.
Nothing herein eentained shall prevent any per-son from exer-eising any right or-seelang
tiny r-emedy to whieh sueh per-son might other-wise be entitled or from filing a eomplaint
with a appropriate T ntal a
SECTION 10.110.060 Enforcement and Administration.
A. The provisions of this section are in addition to state and federal law, nothing in this
section precludes complainants from pursuing other remedies available under any
appropriate government agency or under the statutes and procedures established in ORS
Chapter 659A.
B. Any person claiming to be aggrieved by an unlawful discriminatory act under the
provisions of this code shall have a cause of action in any court of competent jurisdiction
for damages and such other remedies as may be appropriate. Election of remedies and
other procedural issues relating to the interplay between administrative proceedings and
private rights of action shall be handled as provided for in ORS 659A.870. 659A. 885 and
659A. 890. The court may grant such relief as it deems appropriate, including but not
limited to such relief as is provided in ORS 659A.885.
SECTION 10.110.070 Penalties
Any per-son violating or-eausing the violation of any provision of this ordinanee has-
e and, upon eonvietion thereof, is punishable its pr-eser-ibed in
Seetion 1.08.020 of the Ashland Alunieipal Code. Sueh per-son is guilty of a separate
violation for eaeh and every day the violation eontinues.
Ordinance No. Page 5 of 7
SECTION 10.110.080 Severability of invalid provisions.
In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or
the application of such sections, subsections, clauses or provisions to any situations,
circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance
or the application of such sections, subsections, clauses or provisions to any other situation,
circumstance or person, and it is intended that this ordinance shall be constructed and applied as
if such had not been included in this ordinance. (Ord. 2527, 1989; Ord. 2713, 1993)
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Section 2) need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2012.
John Stromberg, Mayor
Reviewed.as to form:
David H. Lohman, City Attorney
Ordinance No. Page 6 of 7
Ordinance No. Page 7 of 7
C '!t.-'ffi;I-`.i b:fY `►i[� + � _ ,..::-'. .. .:,e ., ...�e l -. .v.:. _ .�ti, i •.Sa6. .>' ..m�'i'!"sE'.�.'9. .__ .�..;�
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
Adopted MINUTES
August 22,2012
CALL TO ORDER
Chair Regina Ayars called the meeting to order at 4:20 p.m. at the Council Chambers located at 1175 East Main St.
Ashland, OR 97520.
Commissioners Present: Council Liaison
Regina Ayers Carol Voisin
Brett Ainsworth, arrived at 4:25
Barb Barasa Staff Present:
Evan Lasley Linda Reid, Housing Specialist
Ben Scott Carolyn Schwendener,Admin Clerk
Commissioners Absent
APPROVAL OF MINUTES
Lasley/Scott m/s to approve the minutes of the July 25, 2012 regular Housing Commission meeting. Voice Vote: All
Ayes; minutes were approved with suggested changes.
Ayars acknowledged that Richard Billin has resigned from the Commission due to time constraints and family
obligations.
PUBLIC FORUM
Michael Gutman was present to observe the meeting. He is interested in joining the Commission. Mr. Gutman has
been in the housing industry for over thirty years and is particularly interested in affordable housing in Ashland.
COMMISSIONER ETHICS TRAINING
The presentation was postponed until the September meeting.
FAIR HOUISNG ORDINANCE OPTIONS
Reid met with City Attorney Dave Lohman, City Planner Brandon Goldman and Community Development Director
Bill Molnar. Their main concern was with section 10.110.050 Procedures. The Fair Housing Ordinance was
originally adopted in 1989. At that time the Housing Commission had not been established yet and the City was not
a CDBG entitlement jurisdiction. The original ordinance was put together by the Planning Commission and the
Citizens Review Board. The ordinance has remained substantially unchanged since its original adoption in 1989.
Section 10.110.050 Procedures states; any person who feels that an unlawful practice in regard to the Fair Housing
Ordinance has taken place may file a complaint with the Fair Housing Officer. Traditionally that person has been
the City Attorney. Section 10.110.050 further states, 'The Fair Housing Officer or a duly authorized representative
shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable
to both parties and compliance with this ordinance shall cause the Fair Housing Officer to forward the complaint
and findings to appropriate state and federal officials". Lohman's concern is that the City does not have the
capacity at this time to take care of code compliance and Fair Housing should someone wish to file a complaint and
1
go through the City's process. The City has never gone through this process and does not at this time have the
staffing capacity or training to do this.
Lohman suggested two options:
• The City maintains the option to process Fair Housing complaints locally but change the wording and give it
a qualifier — In the event that concrete evidence is provided that demonstrates possible
discrimination the Fair Housing Officer may also file a complaint with the Ashland Municipal Court
as provided in Section 10.110.070.
• The City will still have the ability to investigate and mediate Fair Housing complaints but will not process
them locally. Remove the sentence that talks about local level compliance — The Fair Housing Officer
may also file a complaint with the Ashland Municipal Court as provided in Section 10.110.070. If this
section is removed we would also remove section 10.110.090 Penalties and section 10.110.060 Authority
of City Administrator to adopt rules. If you have compliance you have to adopt procedures and forms to
assist in the implementation.
When this ordinance was drafted the City identified more protected classes than the State or Federal Fair Housing
laws. The City had added gender identity and sexual orientation which both are now protected classes under State
law. In the event that the City identifies a protected class that is not identified as a protected class by State or
Federal Fair Housing law and there is no compliance procedure in the jurisdiction then those members of that
protected class who feel that they have been discriminated against will have no legal recourse. They cannot file a
complaint with the State or Federal governments because that class is not recognized as a protected class outside
of the jurisdiction. If the City of Ashland added students as a protected class in the future then the City would need
to re-instate that compliance mechanism.
The Commissioners discussed the options and made a motion.
Ainsworth/Barasa m/s to recommend to City Council to go with option two and remove the local compliance. Voice
Vote;All Ayes, motion passed unanimously.
HOUSING TRUST FUND DISCUSSION
Ainsworth distributed information regarding dedicated revenue sources for the Housing Trust Fund. The information
was put together by the Housing Trust Fund Project Center for Community Change. The list included examples of
jurisdictions throughout the United States and what their different methods are for sustained revenue sources.
Some of those examples are:
• Developer impact fees
• Transient occupancy tax
• MF rental conversion fee
• Unexpended funds from utility
• Demolition tax
• Electronic fling fees
• Percent of valuation on building permits
Ainsworth mentioned that it is important to consider that any revenue source that is currently being used elsewhere
might be somewhat of a challenge to utilize. Often developers are subject to the most impact fees which can be a
burden to them. It was suggested that the Commission look at more creative revenue sources such as recording
and filing fees. The Commissioners discussed Tax Increment Finance Districts. This is similar to an Urban
Renewal District. A District is created in which benefits are given. Reid said the City is looking at the feasibility of it
in the Pedestrian Places Zones to encourage more housing, shopping etc. The Croman Mill Site was looked at
specifically. Another idea was the ability to transfer your development rights to another land owner who then can
use that extra density on their property. That transfer would have a fee which could partially go to the Housing
Trust Fund.
2
Vacation Rental properties have become a code compliance issue within our City. Reid said other community's tax
vacation rentals to offset their negative impact on the rental housing market. This tax is designed to offset the
impact by helping to develop affordable housing. A portion of the Business License fee for those rentals could also
be assessed.
Voisin acknowledged that at a recent City Council Study Session they discussed whether or not there needs to be
an ordinance that would govern Vacation Rentals similar to the Bed & Breakfast guidelines. They did not come to
any conclusions but directed staff to return with more information and suggestions.
Reid will discuss with Molnar the possibility of using a small portion of the Transient Occupant Tax for the Housing
Trust fund. She will also present the possibility of using vacation rental licensing fees, business licenses fees and
demo permit fees.Any of these fees would need to go before the City Council for approval.
Continue this discussion at next month's meeting.
CLAY STREET REVIEW DISCUSSION
Reid reported that last year the City initiated a market analysis for the property. The evaluation said that the market
was down and not a lot of lending was occurring. The property was valued at an amount of$360,000. The City also
investigated to see if there were any affordable housing providers who would be interested in developing the
property. The Housing Authority of Jackson County was the only interested party. City Council directed staff to take
no action on the Clay Street property with the intent to re-evaluate the City's options upon significant changes in the
lending markets.
Reid recently contacted the various housing providers; Umpqua CDC, ACCESS Inc., Housing Authority of Jackson
County, ACLT and Habitat for Humanity, and received the same response as last year. Though everyone seemed
somewhat interested in the property none of them felt they would be ready to move forward at this time. Molnar
directed Reid to check with a Real Estate Agent and get an idea of the market and the development community.
Reid found that there were no significant changes in the housing market and lending is still down.
Reid presented four options.
• Delay the evaluation for another six months until spring when Reid's schedule will be a little bit lighter and
at that time the Housing Needs Analysis' will be adopted. The Housing Needs Analysis' would serve as
criteria for the evaluation for the RFP proposals.
• Land Bank
• Sell the Land for market value. This would require other actions. Determine market value of property.
Public hearing and execute purchase and sale agreement
• Solicit a proposal for an RFP. Determine development potential.
The Commissioners discussed the options.
Lasley/Ainsworth m/s to recommend to City Council Option 1, Delay the evaluation. Voice Vote,All Ayes, motion
passed unanimously.
RVTV-NEW PSA DISCUSSION
Barasa is still interested in helping with this project and has done some research as to how to proceed. One option
is to get some training from RVTV and do the project herself. The college has purchased new equipment and
Barasa said she is confident she could do the project using this new equipment. Another option is to try and work
through the Emergency Media and Digital Arts (EMDA) Program. The college is already getting a lot of requests
for collaborative work utilizing students so they will have to be somewhat selective. Barasa will give an update at
3
the October Housing Commission meeting.
Ayars asked to have a discussion about the possibility of not allowing Single Family homes in Multi-family zones.
Reid explained this would be a very long legislative action process because it is a legislative ordinance change.
Voisin suggested the Commission set up a Study Session with the City Council. This is a recommendation in the
Housing Needs Analysis of things that can be done to encourage more rental housing. After the Housing Needs
Analysis is adopted this item may be able to move forward. The Commission could put it on the agenda for the
goal setting meeting in December.
LIAISON REPORTS DISCUSSION
Council—Voisin encouraged the Commissioners to give a report to the City Council explaining their goals as well
as their achievements. The Council would like to hear any goals the Commission might like to see them adopt.
Both the conservation sub-committee and the AWAC meeting explored the idea of developing a progressive rate
structure for water and electric usage in order to encourage conservation. The more a customer uses the more
expensive it will be. This will be presented to Council at a study session on October 15'h.
Staff- Reid announced that representatives from Dignity Village out of Portland will be coming down in September.
The Homeless task force will be hosting a community forum at their regular meeting at the Community Center on
September 18`"in which the representatives will speak.
SEPTEMBER 26, 2012 MEETING AGENDA ITEMS
Quorum Check—Everyone will be able to attend
UPCOMING EVENTS AND MEETINGS
First Reading of the Fair Housing Ordinance, City Council-Aug 7", 2012
Next Housing Commission Regular Meeting
September 26, 2012 4:00-6:00 PM in the Siskiyou Room located at the Community Development and Engineering
Building at 51 Winburn Way,Ashland Oregon.
ADJOURNMENT-The meeting was adjourned at 5:45 p.m.
Respectfully submitted by Carolyn Schwendener
4
CITY OF
ASHLAND
Council Communication
October 16, 2012, Business Meeting
Ordinance Amending Chapter 2.13 of the Ashland Municipal Code,
Reducing the Number of Established Members on the Transportation Commission
FROM:
David Lohman, City Attorney, lohmand @ashland.or.us
SUMMARY
The Transportation Commission is recommending the City Council reduce the number of established
members from nine (9)to seven (7).
BACKGROUND AND POLICY IMPLICATIONS:
Under current Municipal Code Chapter 2.13, the maximum number of members on the Transportation
Commission is set at nine (9). Over the course of the last year, the Transportation Commission has
experienced resignations and unfilled vacancies. During this period of reduced membership, the
Commission has found that the smaller commission size has been beneficial in promoting increased
dialog, facilitating efficient meetings, and ultimately improving deliberations. It is primarily for these
reasons that the Commission has recommended the proposed reduction in the number of authorized
members from nine (9) to seven (7).
AMC Chapter 2.10.040 Quorum and Effect of Lack Thereof, recently amended in 2011 by the City
Council, clarifies that the number of Commission members necessary to constitute a quorum for
meetings is the majority of authorized members, including any vacant positions. Given the limited
number of seated members on the Transportation Commission, it is anticipated it will continue to have
difficulties in obtaining a quorum necessary for carrying out its functions unless the number of
authorized members is reduced, or vacant positions are immediately filled.
The City of Ashland Transportation Commission, as now constituted, currently has enough vacancies
in appointed positions to be able to reduce the number of authorized members without removing any
sitting members from office.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the ordinance amendment.
SUGGESTED MOTION:
I move for approval of the first reading by title only of an Ordinance titled, "An Ordinance Amending
Chapter 2.13 of the Ashland Municipal Code, Reducing the Number of Established Members on the
Transportation Commission".
Page I of
Pr,
CITY OF
ASHLAND
ATTACHMENTS:
Ordinance
Transportation Commission Minutes, 8/23/2012
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.13 OF THE ASHLAND
MUNICIPAL CODE, REDUCING THE NUMBER OF ESTABLISHED
MEMBERS ON THE TRANSPORTATION COMMISSION
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold and additions are in bold underline.
WHEREAS;Article II, Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City of Ashland Transportation Commission has recommended to the City
Council that the Transportation Commission membership be reduced from nine (9) to seven (7)
members, in part to avoid having to cancel meetings for lack of a quorum.
WHEREAS, The City of Ashland Transportation Commission as now constituted has sufficient
vacancies in appointed positions making possible a reduction in membership without removing
any members from office, and
WHEREAS, The City Council concurs with the recommendation of the Transportation
Commission.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.13, Transportation Commission, is hereby amended to read as follows:
Section 2.13.020 Established-Membership.
A. Voting Members. The Transportation Commission is established and shall consist of nine( )
seven 7 voting members as designated by the Mayor and confirmed by the council. Voting
members will all be members of the community at large and will represent a balance of
interest in all modes of transportation.
B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall serve as
the primary staff liaison and as Secretary of the Commission. Including the staff liaison, there
will be twelve (12) total non-voting ex officio members who will participate as needed and
will include one member of the Council as appointed by the Mayor. Community
Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools,
Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks
and Recreation, Jackson County Roads, Airport Commission.
Ordinance No. Page 1 of 2
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Ordinance No. Page 2 of 2
ASHLAND TRANSPORTATION COMMISSION
MINUTES
August 23,2012
CALL TO ORDER
Chair David Young called the meeting to order at 6:00 p.m.
Commissioners Present: Tom Burnham, Mike Gardiner, Pam Hammond, Shawn Kampmann, Corinne Vieville and
David Young
Council Liaison: David Chapman
Staff Present:Mike Faught,Scott Fleury and Jodi Vizzini
APPROVAL OF MINUTES
Commissioner Gardiner motioned to approve the July 26,2012 minutes. The minutes were approved as
corrected with a unanimous consent.
PUBLIC FORUM
No one came forward to speak.
ACTION ITEMS
Ethics&Commission Guidelines
Training by City Recorder was canceled.
AMC 2.13.020 Established-Membership
Mike Faught, Public Works Director,referred to AMC 2.13.020 and proposed the concept of reducing the
Transportation Commission membership from nine to seven members. He outlined advantages to a reduced
membership and added he was in support of the reduction. He asked for feedback from the Commission.
Commissioners discussed the pros of a reduced membership which included; 1)mathematical reasoning associated
with a smaller membership as it related to the availability of a quorum;2)difficulty finding nine committed members;
and 3)efficiency challenges at meetings with a large membership. Commissioner Young noted the Transportation
Commission represents a merger of the Traffic Safety and the Bicycle&Pedestrian Commissions and voiced his
concern that a reduced membership may not have a broad representation from all aspects of transportation.
Commissioners GardinerNieville m/s to request that membership as referenced in AMC 2.13.020 be reduced
from nine to seven members. Commissioners Gardiner,Hammond, Kampmann,ViNille,YES.
Commissioner Burnham,NO. Motion passed 4-1. ]Commissioner Young abstained.]
Commissioners discussed the purpose of abstaining. Councilor Chapman shared it is the Commissioners
responsibility to request more information if needed to make a decision; if it is a conflict of interest it should be stated
and the vote is excused.
Commissioner Young changed his abstention to a vote in favor of the motion. Motion passed 5-1.
Lori Lane Alley Vacation
Staff Report
Scott Fleury, Engineering Services Manager,stated staff received a request to vacate an alley which he unofficially
referred to as the Lori Lane Alley as it is a direct extension of that road,connecting Hersey St.to Van Ness Ave. He
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provided details of the alley and its origin. He explained the procedural process of vacating a public right-of-way as
determined in Ashland Municipal Code 4.18 Vacation of Public Property.
Mr. Fleury provided reasons why staff was not recommending the alley vacation which included Ashland
Comprehensive Plan verbiage to maintain a public easement for bikes and pedestrians as well as utilities. He
explained the difficulty and cost involved in regaining access to a public right-of-way if needed in the future. Mr.
Faught added the importance of maintaining connectivity as part of the Transportation System Plan.
Commissioners Questions/Comments
• Why is the Transportation Commission hearing this request if the recommendation to Council will essentially
be decided by the Planning Commission?
Answer. The petition will have more validity if the Commission has a counter recommendation to staff
• If the alley is vacated,what measures Oil be taken to keep a person from using it;property owners will still
need access.
Answer. The alley would become private property and could he gated and fenced at a center line location.
• Who would be responsible for maintaining the alley?
Answer. The property owners would he responsible for developing a maintenance agreement.
• A comment was made to change the code to reflect review and recommendation by the Transportation
Commission as well as the Planning Commission,
Public Testimony
Greg Hartley/342 Glenn St./Stated he was representing Jeannie Azzopardi,279 W. Hersey St.who has an
easement from her backyard to the alley and is adamantly against vacating the alley. He added he uses the alley
frequently as a shortcut both driving and walking to avoid N. Main St.
Rebecca DeSalvo,292 Van Ness Ave.l Provided the definition of an alley as outlined in Oregon State laws as
"providing access to property along an alley...not intended for through vehicular traffic." She noted the alley is not
designed or maintained as a street.She stated she and her husband have lived at this address for twelve years and
have noticed the traffic on the alley has increased significantly adding the majority of traffic travels from Hersey St.to
Van Ness Ave.and moves much faster in this direction.She described the challenge of using their gate which
accesses the alley, and included safety issues involving their children and other pedestrians. She proposed closing
the alley in the middle,allowing property owners to access it on the Hersey St.side,yet closing it to through traffic.
Other ideas provided by Ms. DeSalvo included closing the alley completely, making it one-way travel from Van Ness
Ave.to W. Hersey St,and making it pedestrian only by installing posts at both ends. She provided a letter from
Michael and Lisa Walker/304 Van Ness Ave. in favor of vacating the alley. (DeSalvo letter attached)
Laura Williams/307 W.Hersey St./Stated she has lived at this address for 17 years and works at home. She
highlighted several issues listed in her letter submitted to the Commission including the desire to restore livability,
which is outlined in the City's vision. She voiced concern with the reconstruction of W. Hersey St./Wimer St.and the
upcoming restrictions on N. Main St./Van Ness Ave.causing vehicles to divert into surrounding neighborhoods. She
felt the remedy would be to close the alley and urged the Commission to support the property owners request to
vacate the alley.
Jeannie Azzopardi/279 W.Hersey SUAcknowledged the applicant's concern with increased traffic in the alley but
was unwilling to relinquish her right-of-way which could potentially affect the property value of her home.
Rebecca DeSalvo/292 Van Ness Ave./Readdressed the Commission and added the four property owners on the
alley have been talking extensively over the past year. She stated her understanding was the meeting would be
informative and give direction on how to proceed. She felt the process was catching her off guard as she has not yet
discussed this with others in the neighborhood. She added the weigh-in from the Transportation Commission was
not,to her knowledge, part of the alley vacating process.
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(Additional Lori Lane Alley vacation letters attached)
DISCUSSION
Mr. Fleury clarified part of the Commission's responsibility is to make recommendations on Transportation related
items to the City Council. He added both the Planning Commission and the Council will consider the Transportation
Commission's recommendation when reviewing the process. Commissioner Young questioned the order of entering
the process prior to the submittal of the petition and asked staff for direction on how to proceed. Mr. Faught
commented the purpose of presenting the item at this meeting was to get ahead of the process and acknowledged
the process in the future could wait until an actual petition is filed.
Commissioner Gardiner voiced concern over this item being an action item based on the applicant's concern with
being blindsided.Commissioner Young noted the Commission's actions are merely advisory. Mr. Faught provided
information on the role of the Transportation Commission as outlined in Municipal Code 2.13.10 Uniform Policies and
Operating Procedures for Advisory Commissions and Boards.Commissioner Burnham noted the alley is part of the
overall transportation plan for the City and should be vetted by the Commission.
Commissioners offered the following suggestions as alternative solutions to vacating the alley; 1)oiling the alley to
eliminate dust;2)posting a speed limit; 3)post loading zone signs; and 4)making the alley one-way travel only. Mr.
Fleury offered to do a traffic study on the alley after the Hersey St.lWimer St.construction is completed.
Commissioners offered their empathy for the conditions of the alley affecting livability and yet acknowledged a
compromise should be considered in keeping the connective value of the alley to pedestrians and bicycles.
In response to Ms. DeSalvo's previous reference to the Oregon State law definition of an alley, Mr. Faught referred to
AMC 1.04.010 Definitions,Subsection T which reads,"Street includes all streets, highways,avenues,lanes,alleys,
courts, places,squares,curbs,or other public ways in the City which have been or may hereafter be dedicated and
open to public use,or such other public property so designated in any law of this state." He also referred to AMC
11.08.20 Alley which reads,"Means a narrow street through the middle of a block."Mr. Faught stated the need to
maintain the current connectivity for all modes of transportation and suggested that staff meet with the property
owners and discuss alternatives to vacating the alley.
Commissioners KampmannlVieville mis for staff to meet with the property owners,gather information and
attempt to resolve the issue without taking it to the petition level. DISCUSSION: Commissioner Kampmann felt
this would be the most practical action to take. Commissioner Vieville stated she is in favor of litigation.
Commissioner Gardiner felt the action item was presented to the Commission in the wrong order.Commissioner
Young clarified the property owners should proceed with the petition,followed by the action item presentation to the
Commission. Commissioners Kampmann,Vieville and Young,YES.Commissioners Burnham,Gardiner and
Hammond, NO. Motion tied 3—3. Motion is lost.
(Insert letters from residents)
Cycle Oregon Community Grant
Jodi Vizzini provided information on cycle related items to utilize a$3,500 Community Grant and a$50,000 Signature
Grant if applied for and awarded by Cycle Oregon. She directed attention to a table of items gathered from the
Transportation System Plan including the Commissions prior suggestion to use grant funds to support the Bicycle
Safety Education program. She added Mr. Faught will present the Bike Share Program as an option to utilize the
$50,000 grant if pursued.
Commissioners Burnham/Kampmann m/s for staff to apply for the Cycle Oregon Community Grant of$3,500
to be used for the Bicycle Safety Education program.DISCUSSION: Commissioners discussed whether the
$3,500 would be allocated for the 2012-2013 school year or applied to the Bicycle Safety Education program in 2013-
14 if awarded. It was determined the program is underfunded and recommendation was made to apply the grant
award to the current school year. It was acknowledged the$3,500 would be in addition to the$3,000 approved for
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the program at the July 26,2012 meeting.Voice vote: all AYES. Motion passed 6-0.
Cycle Oregon Signature Grant
Mr. Fought shared the idea of submitting a grant came from the City Attorney who suggested looking at a bike rental
program. Staff recommended support of the rental program with two locations;Southern Oregon University and the
Plaza. He explained the grant would support 10-15 bikes as a start-up program as illustrated in the information
provided.
Commissioners discussed locations that could be appropriate for bike rental stations and shared experiences with
out-of-state tourist locations where bike rental stations are successful.
Commissioners Gardiner/Hammond mis to recommend staff request City Council support to apply for the
Cycle Oregon$50,000 Signature Grant to be utilized for the Bike Share Program.Discussion: Commissioner
Burnham stated he has seen this program in other towns and felt it would be a great business venture for someone
to start on their own. He added existing businesses could offer bike rentals. Commissioner Kampmann supported the
idea but questioned the demographics. Commissioner Young commented Ashland is the perfect town for this
program as it is would serve the tourist population. Commissioners discussed logistics of implementing and
maintaining the rental stations.Voice vote: all AYES.Motion passed 6-0.
Bike Registration Policy
Commissioner Burnham stated he is in favor of bike registration but felt the$2.00 fee discourages owners to register.
Mr.Faught advised the Commission to have the discussion when a police department representative could be
present. Mr. Fleury noted that a public outreach article regarding the bike registration ordinance was included in the
City Source.Commissioner Burnham requested this item be added to next month's agenda for further discussion.
NON ACTION ITEMS
N.Main/Hersey/Wimer Intersection Realignment Update
Mr. Faught reported the project will be done by September 14 and the restriping for the road diet will begin
September 17.
Commissioner 06ville left the meeting at 8:10 p.m.
Hersey/Laurel Railroad Crossing Improvements Update
Mr. Fleury reported the plans and specifications are complete and will be sent out for construction bid in early 2013.
Oak St.Railroad Crossing Improvements
Mr. Fleury reported that he has not heard back from ODOT Rail on their proposed improvement schedule on Oak St.
He stated the Public Works sidewalk/crosswalk improvements are ready to go but are hinging on the progress from
ODOT Rail.
Traffic Crash Summary
No discussion.
INFORMATIONAL ITEMS
Action Summary
Informational item only. No discussion.
TC Budget Balance
Informational item only. No discussion.
Oregon Roads Newsletter
Informational item only. No discussion.
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COMMISSIONER COMMENTS
Commissioners requested the Ethics&Commission Guideline training be included in a regularly scheduled
Transportation Commission meeting.They were not in favor of attending a separate meeting for the training.
ADJOURNMENT
Meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Transportation Commission
August 23,2012
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