Loading...
HomeMy WebLinkAbout2008-0916 Council Mtg PACKET CITY OF ASHLAND Important Any;cinien may o ally:address the Ccuncd on non M Z ng he PobFomm. Anycmzen may submu wniten comments to theCouncil on any item on the Agenda, unless it is the subiecb.of a publirhearing and the recordus closed. Except (onpubhc heanngsithere ~s no ? spry Ep~r .4n us;:s:+ega-' absolute nttto,orally address the Council on an agenda item. TTpermming, the Presiding Officer may allow oral testimony hhowever7p ^vubl `meetingslawguaranteesanlypub4ic attendance, not public panicipauon. If-you wishtospeak, please fallout the Speaker Requestiomilocated~neaz the entrance [o`t Council Chambers. The chair will recognize you and inform you as [o the amounPOf time allotted to you, if any. "I'h Mmelmnted wilhbe dependent to=someextent the<naNre Ofazhe item underdiscussibn, ihenumber o(people who wish,tobe heard,and [he lengthpfWagenda. _ ...sw_.;.s. hr AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 16, 2008 Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting 1. CALL TO ORDER Il. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? ($mmnnutes] ~ /i( Special Meeting of August 5, 2008 N2 Executive Session of September 2, 2008 Regular Council of September 2, 2008 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for electrical engineering services to CVO Electrical Systems? 0 Should the Council raise the limit from 25k for renewable energy generation systems by revising the City's Net Metering 4. 12'h Annual Report on Implementation of the a ez Principles. 5. Should the Council authorize the submission of appropriate land use application(s) on City- owned property by the Rogu ommunlty Development Corporation? pp. Should the Council approv a resolution su orting Regional Problem Solving (RPS) in the Greater Bear Creek Valley as we a e general sequencing of the RPS approval process? 7. Should Council accept the quarterly report as presented? 8. Does Council wish to approve a contract allowing an Americorps worker to hold an 11-month positition at the North Mountan Park Nature Center to assist with a number of different functions at the center? VIII. PUBLIC HEARINGS (Testimony, limited to 5 minutes per speaker, unless it is the subject ota Land Use Appeal. 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 §2.04.040)) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] COUNCIL MEP"PINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE A'I W WW.AS}1LAND.OR.US X. UNFINISHED BUSINESS None. XI. NE AND MISCELLANEOUS BUSINESS Will Council appro a resolution tablishing a public hearing date of November 18, 2008 to consider the formation of a mprovement District No. 89 to improve Beach Street? [15 Minutes] Will Council designate a voting delegate to the annual League of Oregon Cities Conference? [5 Minutes] XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance relating to parking regulations, allowing use of immobilizing device, authorizing towing, removing downtown parking limitations, updating and correcting parking processes and procedures, amending AMC Sections 11.08.080, 11.28.060, 11.28.080, 11.28.090, and 11.28.110, and repealing AMC chapter 11.30 AMC Section 2.28.215" and move the ordinance on to Second Reading? [15 Minutes] 2. Housing Trust Fund [45 Minutes] a. Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the Ashland Municipal Code, adding new Chapter 4.36, providing for the establishment of an affordable housing trust fund" a nd move the ordinance to Second Reading? Should the Council approv a resolutio itled, "A Resolution to establish policies and / procedures for administration a affordable housing trust fund"? Vc. Should the Council approv a resolutio itled, "A Resolution deferring payment loans to the affordable housing trust fun 3. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to irrigation systems, provi ing a pena ty, and amending AMC Section 15.16.170" and move the ordinance on to Second Reading? [10 Minutes] 4. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to water regulations and cross connection, and repealing Ordinance 2773" and move the ordinance on to Second Reading? [10 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion of the City's response to Ashland Forest Resiliency Project r~ 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). IIII!!iJ, II COt'NCII MEI I INGS ARE BROADCAST LJVI: ON CHANNEL 9 VISIT -1-1117 CFFY OF ASHLAND'S WEB SITE AT WWW.AS1-1LAND.OR.US Annual Meeting of City Council and Ashland Community Hospital Board September 2, 2008 Page 1 of 2 FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL/ASHLAND COMMUNITY HOSPITAL ANNUAL BOARD September 2, 2008 Council Chambers 1175 E. Main Street Mayor Morrison called to order at 6:45 p.m. the annual meeting of the Ashland Community Hospital Board (ACH). Member Marie Donovan spoke on behalf of the Board of Directors and presented the annual report to the City Council. She noted that the Board had been focusing on strategic planning, on the hospital's financial health, the recruitment of physicians to the community and the need to acquire technology to meet the needs of patients and their physicians. The board has also worked to support the implementation of the Planetree model of physician-centered care. Ms. Donovan announced that two new Board members had been appointed, Valri Williams and Tom Reid. She voiced appreciation for Marilyn Hanna who had left the Board after serving for many years and Dave Bernard who is currently serving as Immediate Past Chair. She introduced Mark Marchetti, Chief Executive Officer for Ashland Community Hospital. Mr. Marchetti presented the report for the end of the 2008 fiscal year noting the following: • Service volume increase • Number of admitted patients; inpatient care; delivery of babies; completed surgeries; home health visits and hospice care He explained how operating expenses had increased.at a higher rate than net revenue after deductions for contractual adjustments, charity care and bad debt. Overall, hospital operations combined with non-operating revenues resulted in a small loss for the year. He provided examples on the financial issues facing the hospital over the past year and the responses the hospital has taken due to these financial pressures. The hospital undertook a major Innovative Initiative to identify and implement ways that they could be more efficient and generate an improved operating margin which involved a careful analysis of all areas of the hospital's operations. This initiative is expected to return the hospital to a more profitable position by 2009. Mr. Marchetti presented the following hospital accomplishments: • Completed first full year implementing Planetree model of patient-centered care • Continued active recruitment of physicians to meet needs of the community and support ongoing success of hospital • Reviewed/revised Strategic Plan and Medical Staff Development Plan • Began work on IT Strategic Plan and Long-Range Financial Plan • Development of Campus Plan • Improvements to hospital facilities including renovations to Medical Records Department and Laboratory • Created Health Information Resource Center in lobby of Diagnostic and Surgery Center • Built new Data Center to house critical IT system components He explained that the healthcare industry is technology driven and that over the past year ACH had invested approximately $1.95 million in enhanced technology. In addition, ACH is committed to the support of education for its staff and that continuing education Annual Meeting of City Council and Ashland Community Hospital Board September 2, 2008 Page 2 of 2 by employees was supported and numerous community activities and educational programs were being sponsored. Of greatest significance, he noted that the hospital had provided approximately $8.4 million in uncompensated care in fiscal year 2007-2008, which includes approximately $1 million in charity care, $2.5 million in bad debt write- offs, and $4.9 million representing the shortfall in payments through the Medicare and Medicaid Programs. Mr. Marchetti proposed the following as goals for the new fiscal year: • Continue to work toward greater operating efficiencies and cost containment to meet the financial objectives set forth in the budget, • Finalize revisions to the hospitals long-range plans including the campus development plan, • Continue to work with the medical staff on medical staff development issues and the recruitment of physicians necessary to meet the needs of the community, • Continue to explore new programs and services that meet the needs of the community and support the success of the hospital, • Work toward the implementation of an integrative model of patient centered care and achieve Designation Status through the Planetree Organization, and • Work to assure that Ashland Community Hospital is and remains the hospital of choice for employees, physicians and the community at large. Meeting was adjourned at 7:00 p.m. Respectfully submitted, Barbara Christensen City Recorder .4.SIIL.4ND CITY COUNCIL AlEETING September 2, 2005 Pal GE /,of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 2008 Council Chambers 1175E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison noted that there are vacancies on the Public Arts Commission,' Tree Commission, Conservation Commission and Citizen Budget Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Executive Session of August 4, 2008, Study Session of August 4, 2008, Executive Session of August 5, 2008 and Regular Council of August 5, 2008 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Paul Maurer dba Harper's at 36S.2 "d Street? 3. Should the Council tentatively deny the Measure 49 claim for approximately 27.25 acres of W-R zoned land located at the end of Hitt Road and notify DLCD and the claimants of the tentative decision? 4. Should the Council delay the discussion of the Transient Occupancy Tax revenue distribution to the October 6, 2008, Study Session to allow the Finance Director to be in attendance? 5. Will Council approve a personal services contract with Hardey Engineering and Associates, Inc. in the amount of $33,750.00 to design, develop, and implement the Ashland Creek Trunk Sewer Rehabilitation Project No. 2007-16? Councilor Silbiger/Chapman m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM (None) UNFINISHED BUSINESS 1. Will the Council approve a contract for $15,000 between Carollo Engineers PC and the City of Ashland for design and engineering services required to identify a location for the Talent Booster Pump Station? Public Works Director Mike Faught presented the staff report that included background information, the timeline on previous council actions, information on the 1998 Comprehensive Water Supply Study, water supply options presented by the Water Advisory Group (WAG), and a review of WAG alternatives by Carollo Engineering. He explained that the evaluation by Carollo Engineering identified the Talent/Ashland/Phoenix (TAP) project ASHLAND CITY COUNCIL MEETING Septenher 1. 2008 RACE z of 8 as the only "stand alone" option that would meet the community water supply needs through 2050. The following was recommended: • Buy-in to the TAP project but do not extend the pipeline to Ashland. • Purchase 450 mg or 1380 acre-feet water rights from Lost Creek Lake Reservoir. • Pursue water supply by reclamation or co-op projects. Staff recommended completing additional elements of the TAP project, purchasing land in Talent for the Talent Booster Pump Station and purchasing the final 25% of Lost Creek Water Rights. Mr. Faught also recommended a new water supply study that would include emergency water sources or redundant systems. The Oregon Water Resources Department offers a grant for water conservation, reuse and storage with a dollar for dollar match up to $500,000. If approved by the Oregon Water Resources Department, the grant request would be $400,000 with the City paying $200,000 and the remainder covered by grant monies. Concern was expressed that the TAP Booster Station would supplant other projects that could maintain primary water sources at a higher level and asked the City's stance on sediment removal from the upper catchment basins. Mr. Faught explained there were several issues regarding sediment in the reservoir and that the plan would look at increasing the capacity there. The TAP project is a separate alternative water system that would act as a redundant system for the City in the event a catastrophe shuts down the reservoir. TAP would provide water to citizens during repairs to the reservoir. Mr. Faught further explained that the new study would look at all information that is or might be a resource for the City. The study would include Bear Creek and should help with water temperature issues. The new study would pull any relevant data from the 1998 study and use it as a base. He emphasized that completing the first phase outlined in the 1998 study was important. Councilor Chapman/Hardesty m/s to approve a contract for $15,000 between Carollo Engineers PC and the City of Ashland for design and engineering services required to identify a location for the Talent Booster Pump Station. DISCUSSION: Councilor Navickas urged the Council not to support the TAP project until a comprehensive study of alternative water sources occurred. He explained that the growth patterns from the 1998 study were most likely based on single-family detached housing with ornamental yards. A new study would allow the City to look at different patterns that allow growth and reduce water consumption. Eventually, the City will be unable to provide water by reaching out to other sources. Councilor Hardesty voiced her agreement with Councilor Navickas but added she supported the study. She explained now was the time to identify and purchase the land, that if the pump station was not built, the land could be sold and that the new study would provide valuable information. Councilor Jackson supported the motion and said the study would provide a broader picture of multiple sources for water use in town. Councilor Silbiger voiced his support of the motion, noting the safety net of an alternative water supply, climate changes, and natural disaster issues and concluded that it was a good time to purchase property. Councilor Chapman felt that the 1998 study was comprehensive but 10 years later other elements exist that did not then. He supported the 2004 Council goals and a system that looks at the entire water supply holistically. Councilor Hartzell commented that fresh water supply should not be overlooked. She asked if the $15,000 would cover looking at different options for bringing the line from Talent to Ashland because location would determine whether the City needed to purchase easements. Mr. Faught responded that Carollo Engineering would look at available property and review which route made the best sense then help with the acquisition process. The City does not have the technical expertise to do this project in house. ASHLAND CITY COUNCIL AlEETING September 1. 2008 PAGE 3 of 5 Roll Call Vote: Hardesty, Silbiger, Chapman, Hartzell, Jackson, YES and Navickas, NO. Motion passed 5-1. NEW AND MISCELLANEOUS BUSINESS 1. Should the Council accept the recommendations of the Downtown Task Force relating to employee parking restrictions in the downtown area, proposed changes to the City's sign code and permissible use of public sidewalk area, and direct City staff to prepare ordinance language for review and adoption by the Planning Commission and City Council, as necessary? Community Development Director Bill Molnar presented the staff report that included background information on the issues reviewed by the Downtown Task Force. These issues were related to employee parking restrictions in the downtown, sign code and permissible use of the public sidewalk area. Pam Hammond, Chair of the Downtown Task Force, Adam Hanks, Permit Center Manager and John Stromberg, Chair of the Planning Commission presented the summary report that included the following 9 issues along with recommendations: Issue #1 Particularly in the Downtown area, the current limitation of two exempt signs per business, with each sign not exceeding a size of two square feet, does not seem to meet the needs of many local merchants. Recommendation Increase the number of exempt signs from two to three; increase the third sign from two to three square feet. Issue #2 The Sign Code currently prohibits three dimensional statues, caricatures or representations of persons, animals or merchandise from being used as a sign or incorporated into a sign structure. Recommendation For properties within the Downtown or one of Ashland's four Historic Districts, allow one of the three exempt signs to be three-dimensional; allow an additional exempt 3-D sign for properties outside the Historic Districts with a volumetric maximum. Issue #3 Some businesses, by virtue of their physical location and entrances, such as smaller side streets and alleys, have limited signage opportunities along the main streets within the downtown area. Recommendation Increase the maximum distance that a sign can project from the building face from the 18 inches to 24 inches. Discussion on these issues: Permit Center Manager Adam Hanks responded to an inquiry regarding issue #3 and explained the 24-inch sign could display on the front side of buildings for shops located down alleyways, etc. City Administrator Martha Bennett explained that Council could only regulate time, place and manner of signs, not content. Issue #4 Sign Code compliance efforts have included enforcing the current prohibition on off-premise signs, generally consisting of the placement of temporary, movable signs (i.e. sandwich boards) upon the public sidewalk or other public property. Some merchants feel that due to specific characteristics associated with location of their business frontage they lack adequate exposure. Off- premise signage is one means of drawing attention to the business location. Recommendation Create a set of policies and implement guidelines for the placement of information/directional signs by the City in the right of way or other publicly controlled property. .4SHLAND CITY COUNCIL. AIEE'!'/NC Septeniher 2. -1003 PACE 4 of S Issue #5 The use of the public right of way, for private commercial use is limited by the Municipal Code to Sidewalk Cafes (AMC 6.44), which may not be the most equitable method for allocation of our limited public resource, downtown public sidewalks. Recommendation Amend the ordinance to allow any abutting properties (within a commercial or employment district) the opportunity to obtain a permit for private use of a portion of the public sidewalk, as long as merchants meet specific public safety and access standards. Issue #6 The business community has noted that there is inconsistency within the encroachment permit process, which does not have clear standards for what types of functional objects are encouraged, allowed or legal for placement upon a city sidewalk or within the public right of way. Recommendation Create an ordinance or an appropriate approval process by which specific functional items may be established upon the City sidewalk. It would be contingent upon the items meeting City specifications, as well as retaining minimum clearance, public safety and placement standards. Additionally, Council would direct staff to explore an exemption to have free use of the shy zone, the area along the sidewalk within the 12 to 18 inches of the building face, for placement of such amenities as flower boxes, doorstops, etc. Issue #7 The proliferation of newspaper and other miscellaneous publication racks within the downtown is creating a variety of problems, both functional and aesthetic. Recommendation Create an ordinance specific to installation of newspaper and other publication racks. Discussion on these issues: Ms. Hammond provided examples for Issue 5 explaining merchants could display fresh flowers, t-shirts, etc. Concerns regarding regulations for the Sidewalk Sale and cafe tables were noted. City Attorney Richard Appicello explained they would address permits for the sidewalk sale when they expire. Ms. Bennett explained that cafe tables would come to Council as a right of way issue later. Issue #8 Downtown business owner and employees are frustrated with the seemingly inconsistent enforcement of the downtown employee parking ban and also have expressed concern over its potential overreaching effect of limiting owner and employee access to the downtown area while not at work. Recommendation Remove the existing seasonal ban on employee parking in the downtown area. Issue #9 The City has several parking management items that need to be resolved to more efficiently administer the downtown-parking program. Recommendation Create ordinance language that allows the City to tow vehicles that have either five unpaid parking tickets or a total unpaid parking ticket balance of $250. Develop a final, visible, warning placard to be placed upon a vehicle at least 24 hours prior to the vehicle being towed. The Task Force does not recommend the use of a booting/immobilization device over the option of towing the vehicle. Discussion on these issues: Mr. Appicello explained that the ordinance would allow noticing for individuals who had five violations prior to towing or booting the vehicle. ASHLAND CITY COUNCIL A4EEHAIG September 1, 2005 P4GF. 5 of 5 The Task Force identified additional issues for consideration that allocate staff resources to review sign code amendments every two years and exempt Public Art from the sign code, sign code review and education. Brent Thompson/582 Allison St/Submitted a letter from Garrett Furuichi that requested a modification to the sign code. He asked Council to add an exception that would "allow signage on the side of the building that is the primary entrance or only entrance to the business." Currently signs are precluded on the third or fourth sides of a building. Jeff Compton/770 Acorn Circle/Owner of Rocky Mountain Chocolate Factory. Stated that the Task Force was too restrictive. The City can dictate what goes outside of his business but not inside. George Kramer/386 N Laurel/Encouraged Council to add language to the code that would allow signs where the entrance to a business was on the side of a building. He commented that the sign code was complicated but necessary and that the Task Force had attempted to make it a little better. Councilor Hartzell asked that Staff reconcile the word "prohibited" versus "exempt" in Issue 2. Councilor Hartzell/Chapman m/s to accept recommendations of the Downtown Task Force and direct staff to develop a work plan and timeline for developing implementing ordinance language that addresses Task Force recommendations with the addition of what was noted by the City Administrator as well as the question raised about signs on non-dominate sides. DISCUSSION: Councilor Hardesty commented that the Task Force had accomplished a lot and it was worthwhile. Councilor Navickas was not sympathetic to the proposed changes, stating they seemed more a reaction to staff enforcement and Council should be very careful about creating legislation around these recommendations. Councilor Hartzell emphasized that the intention was to send the recommendations to the Planning Commission for another committee review. Councilor Silbiger appreciated the businesses that complied when informed of their sign code violation. Mayor Morrison said the purpose for forming the Task Force was to find a middle ground between the need for regulation and the need to re-examine. The Task Force did a tremendous job even though not everyone was happy. He complimented Pam Hammond and the committee on completion of this task. Roll Call Vote: Hartzell, Chapman, Navickas, Silbiger, Hardesty and Jackson, YES. Motion passed. 2. Will the Council direct staff to prepare and transmit a written communication opposing RVTD's proposed Route 10 modifications significantly limiting the hours that the bus will complete the East Main Loop? Public Works Director Mike Faught introduced Julie Brown, the Executive Director of the Rogue Valley Transit District (RVTD) and presented the staff report. Julie Brown, Executive Director of the RVTD provided background on the change. Route 10 was initially designed for a two-hour window. Due to ridership, construction and fuel prices, it now takes over two hours and causes transfer delays because buses are not reaching the transfer station in time. Riders were notified of the proposed schedule change with a provided comment period. The comments received from Ashland riders on the proposed change consisted of one rider adamant about not changing the schedule, four who were neutral and two that said they would work around RVTD timeframes. RVTD is looking at turning around the route and adding express service but that will not be available until 2014. She further explained the proposed route change, stating that it is not ideal but there is not enough money to add more buses to the route. The City of Ashland could help to place more buses in service but it is expensive. Until the Transportation System Plan (TSP) study is completed, the City will not be able to help alleviate the problem. The route change is a short-term fix and will be reviewed in three months. ASHLAND CITY COUNCIL MEETING September 2. 2008 PAGE_ G of 8 Mayor Morrison explained the concern is the investment that the City has made in developing ridership with incentives and investments and the schedule change feels like both parties are going in the wrong direction. He emphasized the need to work together on the solution. City Administrator Martha Bennett explained that the intent of sending a letter opposing the change was not meant to alienate or threaten anyone. She suggested a letter that has the City and RVTD exploring alternatives together prior to reducing service. Councilor Chapman/Hartzell m/s that staff construct a letter that explores options between the City of Ashland and RVTD. Roll Call Vote: Hardesty, Silbiger, Chapman, Jackson, Hartzell and Navickas, YES. Motion passed. 3. Does the Council approve the proposed contract with the Chamber of Commerce for FY 2008-2009 in the amount of $305,000? City Administrator Martha Bennett presented the staff report and noted that there were minor changes that resulted from the increase in the Transient Occupancy Tax (TOT). She proposed Council add two tasks in the contract under Visitors and Convention Services and one under Economic Development. Visitor and Convention Services Tasks 6. The VCB should develop specific marketing campaigns targeted at attracting visitors in the shoulder and winter season and at extending the length of stays of visitors in the summer months. 7. The VCB should develop an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base. Required Reporting 2. Add to the end of the paragraph: "The City also requests that the Chamber work with the lodging industry to produce reports about occupancy rate in local lodging establishments, by quarter, in such a way that this data can be tracked over time. Economic Development Tasks Add the following new item: 10. Participate or develop an outreach technical assistance program for businesses working with City sign and right of way codes - staff will provide the language. Councilor Hartzell proposed the following changes: • Replace the word "shall" with "will" on page 2 of the contract. • Required Reporting - #2 Performance Measures replace the word "success" with "effectiveness" in the following sentence: The Chamber shall include data that measures its effectiveness in both economic development and in tourism promotion in its report. • Required Reporting - #6 replace the word "coordinate" with "support" in the following sentence: A report about the VCB's analysis of the viabilityof new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to support with other recipients of cultural and economic grants from the City. • Required Reporting - #7 Amendments: Remove the word "summary' from the sentence and have Staff re-write to note specific actions or activities the Chamber took versus phone calls made. Ms. Bennett explained Council would not see the report until January and that Council would need to sign this ASHLAND CITY COUNUL HEETINC September 2, 2003 PAGE 7 of 3 year's contract before receiving the report from the prior year's grant. Councilor Hardesty suggested adding the word "small" prior it the word "businesses" in the first sentence of Economic Development #3: Continue efforts to retain and expand existing small businesses, particularly businesses that are non-tourism related, with an emphasis on additional family wage jobs. Councilor Jackson/Hartzell m/s to approve the grant agreement with the Ashland Chamber of Commerce for FY 2008-2009 with the suggested amendments as stated in discussion. Roll Call Vote: Hardesty, Jackson, Hartzell, Chapman, Navickas and Silbiger, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to criminal records information, requiring review of criminal record information for applicants of employment, volunteers, personal service contractors of the City, and declaring emergency" and move the ordinance to be passed by emergency? City Attorney Richard Appicello clarified that the ordinance met the requirements for declaring an emergency and read the ordinance in full. Councilor Jackson/Chapman m/s to declare emergency for proposed ordinance. Roll Call Vote: Hartzell, Jackson, Navickas, Hardesty, Silbiger and Chapman, YES. Motion passed. Councilor Jackson/Hartzell m/s to approve first reading and second reading of Ordinance #2963. Roll Call Vote: Hartzell, Jackson, Navickas, Hardesty, Silbiger and Chapman, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS- continued 4. Does the Council wish to make an appointment to the Audit Committee of a Budget Committee member and Council Member/Mayor member for a term to expire April 30, 2009? Councilor Hartzell/Navickas m/s to appoint Dee Anne Everson to the Audit Committee for a term to expire April 30, 2009. Roll Call Vote: Silbiger, Navickas, Hardesty, Jackson, Chapman and Hartzell, YES. Motion passed. Councilor Hartzell/Hardesty m/s to appoint Councilor Navickas to the Audit Committee for a term to expire April 30, 2009. Roll Call Vote: Silbiger, Navickas, Hardesty, Jackson, Chapman and Hartzell, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS-continued 2. Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance relating to parking regulations, allowing use of immobilizing device, authorizing towing, removing downtown parking limitations, updating and correcting parking processes and procedures, amending AMC Sections 11.08.080, 11.28.060, 11.28.080, 11.28.090, and 11.28.110, and repealing AMC chapter 11.30 AMC Section 2.28.215" and move the ordinance on to Second Reading? Councilor Hartzell suggested adding language to Section 4 stating that points A, B, and C were not cumulative. Additionally, the following changes were requested: • Section 6-A: define loading or unloading vehicles. • Section 7 first paragraph - rewrite the following sentence: A person who commits a parking violation may not suffer any disability or legal disadvantage based upon conviction of a crime. • Section 8-A Fine: Eliminate 3 or 4, and 5 or more, and have a specific cut off. City Attorney Richard Appicello suggested adding a table. ASHLAND CITY COUNCIL MEETING Seplember 2, 2008 PAGE 8 of 8 • Section 8-13 Immobilizer: Specify that violations are cumulative on all cars registered to a single owner. Mr. Appicello read the ordinance title in full. Councilor Jackson/Chapman m/s to approve first reading of Ordinance with suggested amendments and place on agenda for second reading. DISCUSSION: Councilor Navickas was strongly opposed to the ordinance stating there were better ways to deal with parking through investing in transit, promoting bicycles use, walking, development patterns, etc. Councilor Hartzell/Navickas m/s to amend motion to remove Section 8-A. DISCUSSION: Councilor Hartzell explained this was a big change did not understand why more time was needed on cumulative tickets. Councilor Hardesty/Hartzell m/s to table the item until next meeting. Roll Call Vote: Councilors Hardesty, Jackson, Hartzell, and Navickas: YES: Councilors Silbiger and Chapman, NO. Motion passes 4-2. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting was adjourned at 10:26 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor ASHLAND AIRPORT COMMISSION August 5, 2008 MINUTES MEMBERS PRESENT: TREG SCOTT, LINCOLN ZEVE, DAVID WOLSKE, ALAN DEBOER, BILL SKILLMAN STAFF: SCOTT FLEURY MEMBERS ABSENT: BRITTANY WISE, BOB SKINNER, GOA LOBAUGH, RICHARD HENDRICKSON. RUSS SILBIGER Visitors: Larry Graves, Alan Bender, Dawn Lamb, Mike Fought 1. CALL TO ORDER: 9:47 AM 2. APPROVAL OF MINUTES: July 1, 2008, minutes approved as written. 3. Public Forum: Alan Bender makes comments regarding the future opening of the new terminal at Medford Airport which will occur in December 2008. Commercial airline traffic is down with US Airways pulling out of Medford and Horizon cutting flights. 4. OLD BUSINESS: A. Noise Sensitive Area Map: Fleury awaiting pamphlet from Bend so Leah Light from GIS can work with printer to do first setup and printing of map. First printing will be 250 copies and if needed in the future another 250 copies will be made. B. AIP Projects: Fleury states that after speaking with Dave Roberts of the FAA, The City of Ashland is looking at a start date for engineering on the current AIP project in November 2010. The new projects include the 12/30 runway overlay along with replacing the current VASI's with new PAPI's. C. Treg Scott was appointed and approved to be a new Commission member by the City Council on the consent calendar agenda on June 17th. Treg introduced himself to Commission at first attended meeting since being appointed. 5. NEW BUSINESS: A. Mike Fought new Public Works Director introduces himself to the Commission and gives them an overview of the procedure to approve the Airport Hangar Rental Rates each time the Commission votes to increase them along with the approval of the Ground Lease Rates which are increased through the CPI indexing every year. The new rates will be taken to Council each year and approved through Resolution. Fought also went over the Airport Commission Rules as setup through Ashland Municipal Code Chapter 2.23. B. Lease Development Lindner: Airport Commission discusses Lindner Lease as put together by the Legal Department. Issues that arose were terms of the lease, deposits and construction timelines. Lindner needs a minimum 20 year term with two 5 year first right of refusals in order to secure financing. Commission thinks terms are reasonable and similar to SKY Research terms. Motion by Skillman for approval of terms, second by Wolske, vote passes by unanimous decision. After motion passed construction timelines were discussed. DeBoer motions for a construction timeline of 1 year for the infrastructure improvements with a 60 day C:\DOCUME-1\shipletd\LOCALS-1\Temp\August 5 08.doc 1 window after to start with hangar construction and a 6 month completion date for hangars. Wolske seconds motion, vote passes by unanimous decision. Next the Commission discussed how the deposits should break down. DeBoer amends motion to include 2000.00 deposit for the t-hangars and 2000.00 deposit for the executive hangar, and when an executive hangar is sold the person who will now occupy the building will pay a separate 2000.00 deposit. Amended motion passes by unanimous decision. Lamb states that she originally put together a letter to send to Lindner discussing most of these issues. It is still in draft form and Commission wants Fleury to update letter with meetings discussion topics and send to Commission members for review and then to Lindner with copies of the leases created by Legal. C. Potomac SuperAwos: Not enough time to dicuss agenda item, to be postponed until next meeting. D. AIP/Grant Money Applications Information: Fleury gives breakdown of FAM Grant and AIP Grant money as shown in Agenda Packet sheet. FAM grant was cancelled for the '07-08 Fiscal year and Sandi Larsen from ODA said the '09-10 budget was still be worked on and she did not know if their would be money for a FAM grant for either of those years. The FAM Grant is for 25,000 and can be used for projects within the Airport Master Plan. Sandi Larsen said that ODA usually sends out the Grant Applications a few months prior to their due date and expects to have an online application ready for when ODA does have available FAM grant money. AIP Grant money comes for the FAA and is 150,000 bankable up to 4 years. This allows us to save up to 600,000 for large scale projects. Dave Roberts of the FAA is aware that the next AIP project will the 12/30 runway overlay along with installation of PAPI lights. He expects engineering for the project to start in November 2010 with construction to begin in summer 2011. E. Gas Usage Graph: Commission reviews chart put together by Fleury comparing fuel consumption between the 2007 and 2008 fiscal years. Total consumption was down approximately 10,000 gallons in the 2008 year. F. Hangar Door Installation: All Commission members agree that the hangar doors need to be installed because they are a better quality and safer product. Skinner unable to attend meeting so Commission will discuss further at next meeting. G. DC-3 Hangar: DeBoer has been meeting with John Phelps owner of the DC-3 discussing construction of a hangar for the DC-3. Commission would love to see the addition of a new hangar and DeBoer to keep Commission informed on progress. Mr. Phelps to go through all steps normally required before hangar construction; design, planning approval and lease approval. 6. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports B. Maintenance Updates - First number installed on DeBoer Hangar. Commission would like to see number on total structure and letters on each building attached to main structure. Fleury to research original map with number breakdown. 7. OTHER: C:\DOCUME-1\shipletd\LOCALS-1\Temp\August 5 08.doc 2 The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 8. NEXT MEETING DATE: September 2,2008,9:30 AM ADJOURN: Meeting adjourned at 11:30 AM C:\DOCUME-1\shipletd\LOCALS-1\Temp\August 5 08.doo 3 II ASHY 1 1 r ION ay'~08 - 5:3 Commun Develo ent, 51 urn Way MEMBERS PRESENT: Craig Gorson, Anthony Kerwin (Chair), Christopher Iverson, Ben Rice Members Absent: Dan Maymar Staff Present: Pieter Smeenk, Nancy Slocum, Keith Woodley Non-Voting Members Present: Marty Main Guests: Julie Smitherman, SOU Student 1. CALL TO ORDER: Chair Anthony Kerwin called the meeting to order at 5:55 PM in the Siskiyou Room. H. APPROVAL OF MINUTES: Iverson /Rice m/s to approve the minutes of March 11, 2008 as submitted. Motion passed unanimously. Kerwin was voted in as the Chairperson for the year. III. PUBLIC FORUM: Julie Smitherman, SOU Environmental/Geology student, invited the Commission to her capstone presentation on the history of the watershed. IV. ADJUSTMENTS TO THE AGENDA: Commission Open House Update and AFR Update were added to the agenda. V. OLD BUSINESS A. Finalize Plans for Winbum Hike May 31" Commission discussed points of interest for the public hike. Another hike would be scheduled for July or August. B. Commission Open House Update Kerwin, Woodley and Gorson attended the open house. C. Winbum Parcel Management Plan Kerwin will review draft and forward to Slocum for final editing. D. AFR Update Woodley distributed staff notes for the April 25, 2008 meeting with Linda Duffy. The FEIS will be an edited version of the CWPP. That meeting also discussed differences in perceptions of the collaboration and agreements between the USFS and the City. E. Community Outreach Plan Update Gorson and Iverson presented their ideas for the plan. VI. NEW BUSINESS A. Review Goals for Future Projects Commission agreed to update the Ashland Forest Plan as their next project (after FEIS comments and Winbum Management Plan). B. Ashland Forest Plan Update Kerwin noted the AFP was 16 years old and in need of updating. Woodley suggested hiring a consultant ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCOME-Nhipletd\LOCAIS-I\Temp\MAY 1308.dm Pagel of 2 to assist the Commission with the community participation section of the plan. Commission agreed and asked staff to obtain a quote. VII. COMMISSIONER COMMENTS: None VIII. ADJOURN: 7:30 PM Anthony Kerwin, Chair Respectfully Submitted, Nancy Slocum, Accounting Clerk ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCUME-I\shipletd\LOCAIS-I\Temp\MAY I308.do Page 2 oft 4 town ASH ~ D ' ~ : hSSION my - 5:30 Commun , Develo ent, 51 urn Way MEMBERS PRESENT: Craig Gorson, Anthony Kerwin (Chair), Christopher Iverson, Dan Maymar, Ben Rice Members Absent: None Staff Present: Pieter Smeenk, Nancy Slocum, Keith Woodley Non-Voting Members Present: Marty Main, Eric Navickas 1. CALL TO ORDER: Chair Anthony Kerwin called the meeting to order at 5:45 PM in the Siskiyou Room. IL APPROVAL OF MINUTES: Tabled. III. PUBLIC FORUM: No one spoke. IV. ADJUSTMENTS TO THE AGENDA: Iverson asked the Commission to set a date for the next public hike to the Winburn Parcel. Iverson moved to set Saturday, September 20, 2008 as the date for the hike. Maymar seconded the motion and it passed unanimously. Slocum will check the community calendar to make sure no other main events are scheduled for that weekend. V. OLD BUSINESS: Tabled. VI. NEW BUSINESS A. Ashland Forest Resiliency Plan FEIS Review and Comment Woodley noted that the 30 day "governmental review" of the FEIS began June 20ih. At that time the Forest Service released draft versions of Chapters II (Alternatives) and III (Affected Environment and Environmental Consequences) of the FEIS. The prescriptions have not yet been released. A newer draft of Chapter III was released July 7th. Commission saw enormous difficulty in reviewing the FEIS without the proposed prescriptions. Woodley, Main and Darren Borgias met with the Forest Service (Don Bouche, Mel Wan and Linda Duffy) twice to discuss the differences between the Preferred Alternative (PA) and the Community Alternative (AFRCA). Woodley distributed a handout summarizing the main differences. The Commission made recommendations on each difference to be forwarded to the City Council for discussion at their July 14`h Study Session. [The meeting was later rescheduled for August 4, 2008.] The Council will vote on the "governmental review" response to the Forest Service at its August 5, 2008 meeting. L Silvicultural Treatments within the Research Natural Area (RNA) Of the 1408 acres in the RNA, the PA proposed treating 1280 acres while the AFRCA proposed 520 acres. The additional treated acres includes the lower 2/3 of the RNA, high landslide hazard zone areas and light treatment in the one Northern Spotted Owl core. Commission recommended staying with the treatment proposed in the AFRCA and to revisit this question when the USFS provided prescriptions for review. 2. Addition of Roadside Treatments Adjacent to US Forest Road 2060 ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCUME-I\shipletd\LOCALS-I\Temp\JUL 808.dm Page 1 oft Although both alternatives included roadside treatments, the AFRCA avoided treatment on slopes of 65% or greater and treatments that are less contiguous than proposed by the PA. Commission discussed the need to review road engineering on areas adjacent to slopes greater than 65%. The Commission suggested an addendum be added to the monitoring, mitigation and implementation recommendations made to the USFS on October 10, 2007. The Commission also recommended setting up an avenue to evaluation and address any conflicts that come up between road engineering and/or treatment. 3. Removal of Diameter Limits in the Roadless Area The AFRCA provided for 7" diameter limits for understory treatment in the Roadless Area. As it was against USFS policy to set diameter limits, the Commission had no recommendation. 4. Locations and Types of Treatments in Roadless Area The PA eliminated treatments above the 2060 Road except in the Hom Gulch / Talent Wildfire Urban Interface (WUI) zone. Although not a high priority, the AFRCA proposed only non- commercial work in Roadless Area to promote forest health. In addition, the PA added additional treatment at 60% canopy closure at the ridgeline at the top of Hom Gulch. The Commission recommended (4 to 1 vote) advocating for non-commercial treatment in the Roadless Area as outlined in the AFRCA with the addition of the same non-commercial treatment in the Talent WUI. 5. Addition of Strategic Ridgeline Treatments and Canopy Closure The AFRCA proposed a more dispersed, area-wide treatment strategy while the PA prescribed a more uniform 60% canopy closure on strategic ridgelines. Commission would support the PA's proposal with the exception of treating around "legacy trees" where the Commission recommended treatment as outlined in the AFRCA. 6 Sedimentation Issue and DEQ TMDL Standards The new Department of Environmental Quality Total Maximum Daily Load (TMDL) sediment baseline was recently established at 3.62 cubic yards per day. Neither alternative addressed these new standards. The FEIS predicted "no significant change in sediment streams" for either alternative. The lack of infrastructure engineering specifies was discussed as well as the lack of other indicators of erosion. Commission recommended an amendment to the monitoring, mitigation and implementation recommendations made to the USFS on October 10, 2007 stating the need for adaptive management practices. A recommendation for a West Fork monitoring station was also made. VII. COMMISSIONER COMMENTS: None. VIII. ADJOURN: 8:15 PM Anthony Kerwin, Chair Respectfully Submitted, Nancy Slocum, Accounting Clerk ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCUME-1\shipletd\LOCALS-1\TempUUL 808.do Page 2of2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 12, 2008 CALL TO ORDER Commission Chair John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: John Stromberg, Chair Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Mike Morris April Lucas, Administrative Assistant Debbie Miller Michael Church Pam Marsh Melanie Mindlin Tom Dimitre Absent Members: Council Liaison: Dave Dotterrer, excused Cate Hartzell ANNOUNCEMENTS Community Development Director Bill Molnar noted a Planning Commissioner training opportunity scheduled for September 13 in Baker, Oregon and asked any members who are interested to contact staff. Stromberg announced he and Planning Manager Maria Harris are working on organizing another Water Resources site visit and anticipates this will occur before their next meeting. He noted they have identified a qualified ecological scientist who is familiar with this area and she would be joining them on the site visits. Mr. Molnar announced the 5-lot subdivision on Strawberry Lane has been appealed to the Land Use Board of Appeals. APPROVAL OF AGENDA Commissioners Miller/Dimitre m/s to approve agenda. Voice Vote: all AYES. Motion passed. CONSENT AGENDA A. Approval of Minutes 1. June 10, 2008 Hearings Board Minutes 2. July 8, 2008 Hearings Board Minutes 3. July 8, 2008 Planning Commission Minutes 4. July 22, 2008 Planning Commission Minutes The following corrections were made to the minutes: 1) June 10, 2008 Hearings Board - The commissioners present were John Stromberg, Dave Dotterrer, and Michael Church. 2) July 22, 2008 Planning Commission - Marsh clarified her position regarding the "Factoring Sustainability into the Comprehensive Plan" agenda item and stated there are other entities who may also want to get involved in this discussion. Commissioners Marsh/Mindlin m/s to approve the July 8, 2008 and July 22, 2008 Planning Commission minutes. Voice Vote: all AYES. Motion passed. Commissioners Church/Stromberg m/s to approve the June 10, 2008 and July 8, 2008 Hearings Board minutes. Voice Vote: all AYES. Motion passed. Page 1 of 4 PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A. Ashland Land Use Ordinance -Annexation and Zone Change Amendments Senior Planner Brandon Goldman provided a presentation on the Annexation and Zone Change draft ordinance. Following the presentation, he requested the Commission enter into deliberations and issue a formal recommendation to the City Council. Mr. Goldman stated the proposed changes are isolated to those sections that relate to affordable housing and the amendments address the following issues: 1) percentage of affordability, 2) land dedication option, 3) housing types and constructions standards, 4) distribution of affordable housing, and 5) construction timing. Percentage of Affordability Mr. Goldman stated the proposed ordinance would create a weighted point system for affordable housing units, would allow for a mix of housing types, would allow for variations in income levels, and would enable developers to provide both workforce and affordable housing opportunities. He noted the proposed language adds flexibility in targeting various households but largely retains the range currently in place. Land Dedication Option Mr. Goldman stated this option allows developers to provide land in lieu of actually developing the affordable housing. He stated this option is contingent that the land is sufficient to accommodate at least 25% of the projects base density, and that the land is located within the project and meets the distribution requirements. He stated any land dedicated would be deed restricted for a 60 year period and the ownership of the land that is transferred to a qualified affordable housing provider would have to occur prior to commencement of the project or issuance of building permit for any of the market rate units. Housing Types & Construction Standards Mr. Goldman explained this provision requires the affordable units to be proportionate in terms of number of bedrooms to the market rate units and it also establishes minimum floor areas for the affordable units. Additionally, the external design and materials need to be similar and the internal features and amenities need to be comparable. Distribution of Affordable Housing Mr. Goldman noted the intent of this provision is to scatter the affordable units throughout the project to reduce the potential for stigmatization of "low-income areas." Construction Timing Mr. Goldman explained the current ordinance has no requirement for exactly when the affordable units have to be built. He stated the proposed ordinance addresses this issue and provides that only 50% of the market rate units can be built up front, at which point the developer would have to build 50% of the affordable units. They could then construct 40% of the market rate units before the remaining 50% of the affordable units need to be built. Mr. Goldman explained the proposed ordinance includes some flexibility to entertain alternate development proposals; however, these exceptions are not automatic and would be subject to approval by the City Council. He noted the Housing Commission recommends Council approval of the proposed ordinance with the exception of eliminating rental units at 80% AMI from being considered qualifying affordable units for the purposes of meeting the annexation requirements. Mr. Goldman commented on the exceptions and provided further clarification to the Commission. He noted possible examples of when an exception might be needed or preferred. Comment was made questioning if the phrase "mix of housing" denotes number of units. Mr. Goldman clarified the number is the "bargaining chip" that would allow for a deviation in terms of mix of type. Comment was made questioning the comparable materials requirement. Mr. Goldman noted the ordinance makes a distinction between interior and exterior materials and stated the intent of this language is for the affordable housing units to not be starkly different from the market rate units. Mindlin voiced concern with non-profits being held to the same standard for the exterior materials on affordable units. Mr. Molnar noted the materials do not need to be exactly the same and clarified the ordinance language states "visually compatible" and "building materials and finishes shall be substantially the same in type." Page 2 of 4 Comment was made questioning the construction timing provision. Mr. Goldman clarified this language came out of conditions of approval the Planning Commission added to the Verde Village and Willow Brook projects. He noted this was included in the ordinance so the developer knows up front what will be asked of them. Stromberg expressed concern that this language may result in the land dedication not being a viable option for most developers. Councilor Hartzell voiced support for the proposed language and stated if they remove this, it may take a long time to get the affordable units built out. Mr. Goldman noted there is an exception to this language and an applicant could submit an alternate phasing proposal for approval. Mr. Molnar noted this would create a situation where the developer has to form a responsible relationship with the non-profit early on in the process. Stromberg asked the Commission whether they were comfortable with requiring the affordable units to look the same (externally) as the market rate housing. Marsh voiced her support for this provision. She stated the point of all this is to create diverse, heterogeneous neighborhoods and they need to be consistent on design features in order to accomplish this. Dawkins also voiced his support and stated the idea is to get as many people as possible into affordable units and to have them compatible so they don't stick out from the other units. Marsh questioned how the language "affordable housing units shall be distributed throughout the project" would apply to smaller projects. Mr. Goldman acknowledged that the clustering problem most commonly applies to larger scale developments and clarified the burden of proof for this provision is on the developer. Comment was made questioning if there should be criteria included in the ordinance for this provision. Moms commented on the difficultly in including specific criteria that would apply to all developments. Stromberg voiced concern with creating a procedure where the developer does not know if they are meeting the criteria until it comes before the Planning Commission. Comment was made noting that the applicant will have to work with staff during the initial stages. Church stated they may be overanalyzing this and if something does not work, they can come back and change it. Mr. Goldman clarified why the proposed language reads "exceptions" instead of "variances." Commissioners Dawkins/Morris m/s to send this on to Council. DISCUSSION: Marsh cited the Housing Needs Analysis and recommended they remove the language "or rental units" from 18.106.030.G.1(c). Dawkins stated he is willing to accept this amendment. Commissioners Dawkins/Marsh amended motion. Roll Call Vote on Motion as Amended: Commissioners Dawkins, Marsh, Morris, Miller, Church, Mindlin, Dimitre and Stromberg, YES. Motion passed. UNFINISHED BUSINESS A. Sustainability Proposal Stromberg noted Commissioners Marsh and Mindlin have been working on developing the proposal that will be forwarded to the City Council. Marsh noted the Informational Memorandum, which was emailed to the commissioners, and asked if they have any specific feedback before this is submitted to the Council. Mindlin pointed out that the commissioners would be carrying out this proposal and not relying on staff. Mindlin commented on the definition of sustainability. She stated this has been defined in many ways and recommended they start by finding out how the community has defined this. Marsh commented on transportation needs and whether this should be part of the Planning Commission's scope. She recommended they develop formal links between planning and transportation and noted it is very difficult to separate these out. Mr. Molnar noted than he and Associate Planner Derek Severson have been meeting with the Public Works Department regarding the creation of a Transportation Commission. He said the feeling is that the Transportation and Planning Commissions should take a more active role in making recommendations on the City's Capital Improvement Plan. Morris expressed concern with looking at what everyone else is doing and adjusting their policies accordingly, rather than making their own decision about where the City wants to go. Stromberg stated that he does not think they will be bound by what they observe and stated this is just a first step before they come up with their own ideas. OTHER BUSINESS A. Regional Problem Solving Update Community Development Director Bill Molnar provided the Regional Problem Solving update to the Commission and noted this issue would be coming before them later this year. Page 3 of 4 Stromberg questioned if the City had been allocated a growth rate and whether this needed to be imbedded in the City's Comprehensive Plan. Mr. Molnar noted this issue came up early in the process and the City Council submitted a letter indicating their concerns with this. He noted the County is responsible for allocating the population growth and clarified the City of Ashland did not identify any urban reserves. He stated he does not foresee the City making any significant changes to the Comprehensive Plan, other than recognizing that a regional plan has been adopted. He added the plan is not that substantive to the City until they start identifying urban reserves. Mr. Molnar provided a brief overview of the Participants Agreement and outlined the following approval process: STEP 1: LCDC will review the plan and participants' agreement in October, 2008 and provide tentative acceptance of the local plan amendments. STEP 2: Local agencies will agree to sign the participants' agreement. (This is where the Planning Commission will become involved.) STEP 3: Once the local agencies sign in agreement, LCDC will sign the participants' agreement. STEP 4: Jackson County will then start their adoption process and begin incorporating the agreement into the Jackson County Comprehensive Plan. Mr. Molnar noted cities can either go through a parallel process of amending their Comprehensive Plans to identify these urban reserves, or they can wait until County has completed their adoption process. Commissioners Marsh/Morris mis to continue meeting to 9:10 p.m. Voice Vote: all AYES. Motion passed. B. Hearings Board Assignments Mr. Molnar stated the Hearings Board members for September through December are Morris, Marsh and Dawkins; however due to the record being left open at the Hearings Board meeting today, he asked that Stromberg fill in for Marsh at the next hearing. He added Morris, who was not at the Hearings Board meeting today, would need to review the planning record and video of the meeting in order to be prepared. Mr. Molnar requested clarification about what happens when a commissioner cannot attend the Hearings Board. It was clarified the commissioner is responsible for findings a replacement. If they are unable to do so, they need to inform the Commission Chair and staff. Stromberg commented on a recent incident that happening during a Planning Commission meeting and stated he would like to establish a rule that no member of the public or the press may linger near the door behind the dais. He clarified this should curtail any future distractions. ADJOURNMENT Meeting adjourned at 9:10 p.m. Respectfully submitted, April Lucas, Administrative Assistant Page 4 of 4 CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES AUGUST 12, 2008 CALL TO ORDER Commissioner Stromberg called the meeting to order at 1:30 p.m. in the Civic Center Council Chambers, 1175 E Main Street. Commissioners Present: Staff Present: John Stromberg Adam Hanks, Permit Center Manager Michael Dawkins Amy Anderson, Assistant Planner Michael Church April Lucas, Administrative Assistant TYPE I PLANNING ACTIONS A. PLANNING ACTION: 2008.01005 SUBJECT PROPERTY: 6371649 East Main Street APPLICANT: Dorman and David Runkel DESCRIPTION: Request for a Conditional Use Permit and Site Review approval to construct two additional motel units for the two properties located at 637 & 649 East Main Street, Anne Hathaway's Cottages. The motel units will be located at the rear of the 637 E Main Street property. The application includes a request for a Tree Removal Permit to remove an 11-inch diameter at breast height Ash tree, a request for an exception to the Site Design and Use Standards to not install the required five-foot landscape buffer between property lines and an exception to Street Standards to not pave the alley. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP 391E 09 AC; TAX LOTS: 7700 & 7800 Assistant Planner Amy Anderson clarified the Applicant has seen the Historic Commission's recommendations and do not have any objections. She added these will be included in the conditions of approval. Action stands as approved. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: 2008-00596 SUBJECT PROPERTY: 165 W Fork Street APPLICANT: Ashley Jensen DESCRIPTION: Physical and Environmental Constraints Review Permit for the development of hillside lands including severe constraints land. The proposal is to construct a new single-family residential home, the associated excavation for utility installations and driveway construction. The application also includes an Administrative Variance for the height of the retaining wall along the north property line to exceed the allowed five-foot height limit. Property is located at 165 W. Fork. COMPREHENSIVE PLAN DESIGNATION: Single-Family,Residential; ZONING: R-1-7.5; ASSESSOR'S MAP 391E 09BC; TAX LOTS: 3600 Stromberg read aloud the public hearing procedures for land use hearings. Declaration of Ex Parte Contact No ex parte contact was reported. Staff Report Assistant Planner Amy Anderson provided the staff report. She explained this application was administratively approved in June and it came before the Hearings Board in July. At that time, it was called up to a public hearing by the Hearings Board due to the Historic Commission's recommendations which would have changed the project. Since the July Hearings Board meeting, the Applicant has adjusted the project to respond to the Historic Commission's issues and when they took this back Page 1 of 4 before the Commission, they were fully satisfied. Ms. Anderson clarified the structure is no taller than what was previously administratively approved. She also noted Condition 8a regarding the fire prevention and control plan has been amended. Applicant's Presentation Kerry KenCairn/545 A Street/Representing Applicant/Provided a brief explanation of how the application was adjusted to incorporate the recommendations from the Historic Commission. She added meeting condition 8a would not be a problem. Public Testimony None Deliberations and Decision The Hearings Board indicated they have no issues with the application. Stromberg closed the public hearing and the record at 1:50 p.m. Commissioners Church/Dawkins m/s to approve the application for the project at 165 W. Fork Street. Roll Call Vote: Commissioners Church, Dawkins, and Stromberg, YES. Motion passed 3-0. Commissioners Dawkins/Church m/s to approve the Findings for PA 2008.00596. Roll Call Vote: Commissioners Dawkins, Church, and Stromberg, YES. Motion passed 3.0. B. PLANNING ACTION: 2008.00801 SUBJECT PROPERTY: 960 Harmony APPLICANT: Bill Emerson for Jendrisak and Berry DESCRIPTION: Request for a Conditional Use Permit and Site Review approval for a 592 square foot Accessory Residential Unit above a proposed two-vehicle garage accessed from the alley for the property located at 960 Harmony. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP 391 E 15AC; TAX LOTS: 1500 Declaration of Ex Parte Contact Commissioners Church and Dawkins indicated they performed site visits, but had no ex parte contact. Commissioner Stromberg also declared no ex parte contact. Staff Report Assistant Planner Amy Anderson provided the staff report. She stated this application was preliminary approved in June for review at the July Hearings Board, but it was called up for a public hearing by a neighbor. Ms. Anderson noted the location of the property. She stated it is zoned single family residential and the parcel is roughly 10,500 sq. ft in size. Ms. Anderson stated the request is to construct a 592 sq. ft. accessory residential unit above a proposed two-vehicle garage that would be accessed from the alley. Ms. Anderson clarified adequate public facilities are available. She also noted the original utility plan was adjusted to respond to the neighbor's concerns regarding storm water drainage and the revised plan includes the installation of a 6 in. storm drain with 4 in. stub-outs for each parcel below the subject lot that will run down the alley into an existing storm water catchment. She added the City's Engineering Department has reviewed this proposal and have recommended a grate be added at the end of the alley to further improve the storm water drainage. Ms. Anderson noted the concerns raised by the neighbor regarding lack of paved access. She explained the structure is proposed to be accessed from an unimproved alley, which is off an unimproved road. She stated the applicant's proposal meets the intent of the City standards and to require this access to be paved would be disproportionate to the impact of the accessory unit. Ms. Anderson added the proposed unit is architecturally compatible and also complies with the lot coverage requirements. She noted a potential condition would be to require that the extra parking space be pervious. She clarified the Applicant is not required to, but are proposing to pave the parking spaces. Ms. Anderson clarified the existing garage is used for storage, however the Hearings Board could require that the Applicant sign a no kitchen agreement if they feel this is necessary. Page 2 of 4 Ms Anderson clarified this parcel fronts Harmony Lane, which is a paved road, and it is staffs position that the paved access requirement has been met. Applicant's Presentation Bill Emerson/Clarified the property owner does concrete work for a living and uses the existing garage for the storage of his tools. He noted the current parking congestion along Harmony Lane and stated even though they are only required to provide 4 parking spaces, they are proposing 6. Mr. Emerson commented on the storm drainage and provided a brief explanation of their revised plan. He stated the existing residence is 1,234 sq. ft and they could construct a 1,491 sq. ft. addition without any conditional use permits; however, they are only proposing to construct a 592 sq. ft., one-bedroom unit above the garage. The Hearings Board asked if the applicant would be willing to use pervious pavers for the parking spaces and they indicated "Yes." Stromberg read aloud a statement from Cynthia Dion, which requested the Hearings Board deny the Applicant's request for a conditional use permit. Public Testimony Ronald Doyle/945 Hillview Drive/Submitted written testimony into the record and asked that the Planning Commission keep the record open for 7 days. Mr. Doyle listed the following approval criteria that he feels have not been met: 1) AMC 10.104.050.A: Mr. Doyle stated there is no survey of the property or the alley and therefore it is not possible for staff to determine whether the proposed development complies with the required setbacks for structures or solar access. Additionally, it is not possible to determine whether the storm drain will lie within the public right of way or intrude onto private property. And 2)10.104.050.B: Mr. Doyle stated the address is on Harmony Lane, but the access to the proposed structure is off the alley and all of the vehicle traffic for this unit will be down the unpaved roadway. Mr. Doyle noted his written testimony outlines several other criteria that have not been met and restated his request to leave the record open so that the Hearings Board will have the opportunity to read his testimony. Jean Crawford/923 Harmony LaneNoiced her concerns regarding traffic and parking congestion. She stated the parking situation on Harmony Lane is impossible and stated there is no room for the current residents of the neighborhood to park, let alone additional tenants. Ms. Crawford stated the applicant's current garage has no vehicle entrance and to her knowledge it has never been used to park cars. Ms. Crawford asked that the proposed structure not have a Harmony Lane address and that there not be a path from Harmony Lane to the proposed unit. Questions of Staff Permit Manager Adam Hanks clarified surveys are not required until the application reaches the building permit stage. He stated at that time if any errors are identified, the approval would have to come back and be modified. Ms. Anderson stated it is staffs position that the conditional use criteria can be met. Mr. Hanks added if there is paved access to the parcel, this satisfies the paved access criteria. Rebuttal by the Applicant Bill Emerson/Commented on the plans that are included in the record and stated everything he has presented is accurate and does work with what has been proposed. Mr. Emerson stated the runoff issues on the alley are preexisting and have nothing to do with this property. He commented that there is a great storm drainage that is not being used and also commented on the parking situation. He added there will be 6 parking spaces for the parcel even though they are only required to provide 4. Deliberations and Decision Stromberg closed the public hearing and announced the record would be left open for 7 days, after which the Applicant will have 7 days to submit rebuttal. Commissioners Church/Dawkins m/s to continue this application to the September 9, 2008 Hearings Board Meeting. Roll Call Vote: Commissioners Church, Dawkins, and Stromberg, YES. Motion passed 3-0. UNFINISHED BUSINESS None Page 3 of 4 ADJOURNMENT Meeting adjourned at 2:55 p.m. Respectfully submitted, April Lucas, Administrative Assistant Page 4 of 4 City of Ashland I Siskiyou Safety Ad Hoc Committeerig 1 Wednesday, August 13, 2008 5:30 PM Siskiyou Room, 51 Winburn Way MINUTES Roll Call Members present: Warshawsky (Chair), Chapman, Hartzell, Swales, Ryan, Burnham, Severson, Olson, Johnson, Blake, Ferguson and Kigel. Also present was Public Works Director Mike Faught, Willard Bradshaw, HDR Inc. Traffic Engineer, and Alison Hope, member of the public. 1. Public Forum Alison Hope, in response to the Daily Tidings online forum, attended the meeting. She noted several existing educational campaigns being implemented in other cities. 2. Discussion with HDR Engineering Inc. Faught introduced Bradshaw from HDR. The Council recently approved a $20,000 contract amendment allowing HDR to study, recommend and approve ("stamp") options for Siskiyou Boulevard pedestrian safety. The area limits would be just southeast of East Main Street to just before Walker Avenue. The consultant was attending the meeting to listen to the committees' ideas and concerns and to answer questions. Committee, Faught and Bradshaw discussed best times for traffic counts, beacon types and timing of flashing lights. Committee discussed whether or not to move forward on installing the beacons without a comprehensive plan. Bradshaw did not see a problem moving forward with ordering and installing the beacons. Faught asked Bradshaw to formally approve the plan before the beacons were installed. Ryan noted that student education would be needed on the use and limits of the beacons. Olson said the current schedule for installation of the beacons was on or before September 22. Other ideas discussed were the road "diet" with controlled left turns, SOU and business access management, the need for a lighting study, Bridge Street intersection elevations and Garfield intersection improvements. Bradshaw noted that improvements to Garfield could not be realistically made until spring 2009. He invited the Committee to email him all their ideas, comments and/or concerns. Bradshaw noted that all final proposals must meet federal standards, but not ODOT standards. Bradshaw said that comprehensive traffic/pedestrian counts would take place October 6th through 10th. Findings of the study, a draft technical report that included costs and cost/benefits, could be completed by the end of October. Faught recommended a large media blitz when the beacons were installed. September 22"d coincided with freshman orientation and "Car Free Day." The City's Management Analyst would be contacted to assist the Committee in publicizing the event. Severson recommended sending the Daily Tidings and SOU's newspaper educational articles. Warshawsky suggested a meeting of interested Committee members to brainstorm and coordinate the event. He asked staff to contact Eve Woods and set the meeting according to her schedule. Warshawsky suggested the week of September 2nd C:\DOCUME-I\shipletd\LOCALS-1\Temp\Minutes 8 13 08.doc 3. SOU Parking Statistics Blake researched available information on university parking. He noted that most of the information was anecdotal. In general, the parking lots above the boulevard were fully utilized and the ones below the boulevard were not. Questions that could not be answered were: How many students/staff park in surrounding neighborhoods? How many students commute? Burnham had been in touch with the Bicycle and Pedestrian Coordinator from Santa Cruz, California. She would be in Ashland on Wednesday, September 24th and offered to meet with interested persons. Burnham would confirm and staff would send the Committee details. 4. Set Regular Meeting Schedule The next meeting was tentatively scheduled for Wednesday, November 5th beginning at 5:30 PM. Meeting adjourned at 7:25 PM. C:\DOCUME-I\shipletd\LOCALS-I\Temp\Minutes 8 13 08.dm "s f X City of Ashland Siskiyou Safety Ad Hoc Committee f Wednesday, July 16, 2008 5:30 PM Siskiyou Room, 51 Winburn Way MINUTES Roll Call Members present: Warshawski (Chair), Chapman, Swales, Ryan, Burnham, Severson, Olson, Johnson, Blake, Ferguson and Woods. Also present was Public Works Director, Mike Faught. 1. Quorum / Membership Rules and Review Faught noted that Kim Parducci, the committee's traffic engineering consultant, could not legally be a voting member due to potential conflict of interest. Committee decided to retain staff as voting members. 2. Consideration of a Technical Review Subcommittee This agenda item was tabled. 3. Siskiyou / Garfield Intersection Update a. ODOT Pedestrian and Bicycle Grant - Committee discussed the upcoming grant deadline and agreed that more time was needed for accurate traffic counts and an effective redesign. Staff would use the grant opportunity to apply for sidewalks on Laurel Street. The need for a Siskiyou master plan was also discussed. b. Summary of Ideas Presented to Date - Committee reviewed the possible intersection modifications discussed thus far: a raised median island, a "Michigan U-Tum" median, an overlapping channelized median, the "Chapman" Design No. 1 and the road "diet." Olson shared the 1985 intersection design showing the original creation of the left turn lane into the SOU parking lot. The raised median island was eliminated as an option as it was not possible to construct the island without eliminating the left turn lane and if the lane were eliminated it would be more effective to extend the median. The overlapping channelized option was also eliminated as the turn lanes would not provide adequate pedestrian refuge. c. Comments from Traffic Safety Commission - On June 26, 2008 the Commission allocated $630 for a turn movement study. Parducci's report and recommendation were distributed. Parducci recommended additional studies in the fall when SOU was in session and questioned closing the left turn lane onto Garfield Street. e. SOU Parking Options - Committee discussed ways to decrease the amount of pedestrian traffic crossing Siskiyou. Ideas included restricting parking on residential streets and encouraging students to buy parking permits, bus subsidies, access management and alternative routes for trucks. Blake and Ferguson would research SOU statistics on commuters and bring back to the committee. d. Traffic Engineering Services Recommendation - Faught informed the committee that due to liability issues any improvements to Siskiyou Boulevard would have to have a transportation engineer's stamp. Staff obtained a quote of $18,000 from HDR, who is currently working C:\DOCUM E-I \shipleld\LOCA LS-1 \Temp\Minutes 7 16 08.doc under contract with the City, to conduct traffic counts and recommend design changes including the use of flashing beacons. Council would consider the contract amendment on August 5th. Warshawsky noted that the placement of the beacons was a Traffic Safety Commission decision. He was concerned that a consultant could force ideas and impede the committee's progress with various studies. A majority of the committee was in favor of hiring a consultant to review the committee's redesign ideas. Based on the Traffic Safety Commission's previous decision, the committee decided to move forward on the purchase and installation of the flashing beacons. 4. Timeline / Goals through summer As the committee must wait until fall to do traffic counts, the committee would use the summer months to discuss SOU parking issues and traffic restrictions. An engineering study to review a three lane "diet" between downtown and Highway 66 and a crosswalk design/turn movement viability study were recommended. 5. Set Next Meeting The next meeting was tentatively scheduled for Wednesday, August 13th beginning at 5:30 PM. C:\DOCUME-I\shipletd\LOCALS-I\Temp\Minutes 7 1608.doc City of Ashland # 9 Siskiyou Safety Ad Hoc Committee Wednesday, June 112008 _ 5:30 PM Council Chambers, 1175 East Main Street MINUTES 1. Roll Call Members present: Chapman, Hartzell, Swales, Ryan, Molnar, Severson, Ferguson, Derrell and Kigel. 2. Siskiyou & Garfield Intersection Redesign Those present reviewed the results of the turning movement study at Garfield and Siskiyou. There was discussion of the relative merits of three possible intersection modifications: a raised median island, a "Michigan U-Turn" median, and an overlapping channelized median. There was also discussion of the feasibility of a "road diet" to reduce Siskiyou to one lane in each direction with a shared central turn lane. It was noted that intersection and roadway design solutions would be most effective if implemented in combination with a redesign of the SOU driveways near the intersection and an effort by SOU to comprehensively address their parking issues. Those present questioned whether Parducci could run traffic simulations taking into consideration how left turn movements at this intersection would be redistributed to surrounding streets, particularly Bridge Street. 3. Schedule Next Meeting After discussion, those present suggested meeting again on Wednesday, June 18th at 5:30 p.m. (subject to verification of everyone else's availability) in the Siskiyou Room at 51 Winburn Way. It was noted that it would be best to schedule the meeting at a time when Parducci was able to attend. C:\DOCUME-1\shipletd\LOCALS-I\Temp\Minutes 6 11 09.doc City of Ashland LEB7]11 Siskiyou Safety Ad Hoc Committee Wednesday, June 4 2008 t 5:30 PM Council Chambers, 1175 East Main Street MINUTES 1. Introductions Members present: David Chapman, Cate Hartzell, Matt Warshawsky, Colin Swales, Steve Ryan, Tom Burnham, Bill Molnar, Derek Severson, Jim Olson, Karl Johnson, Larry Blake, Deltra Ferguson, Ken Kigel and Kim Parducci. Members absent: Kate Jackson, Eve Woods, Dan Dorrell, Egon Dubois. Committee decided that all members would be voting members. 2. Nominate and Vote in Vice Chair Chapman nominated Tom Burnham for Vice Chair. Swales seconded the motion and it passed unanimously. 3. Review Goals and Objectives The Mayor formed the Committee on April 25, 2008 and charged it with the following goals: 1. Identify problem areas from all street user perspectives; 2. Develop a range of potential solutions; 3. Analyze each of the options as to: effectiveness, applicability, cost and benefits; 4. Present suggested solutions at an open house forum; 5. Present recommendations to the Traffic Safety Commission which will in turn determine recommendation to City Council. Olson summarized what had been done and what was planned to improve the safety of pedestrians on Siskiyou Boulevard to date. Blake offered to work with Olson to install pedestrian scale lighting on the south side of Siskiyou adjacent to SOU. Committee members suggested a permanent or rotating reader board for Siskiyou. This item would be tabled for discussion at a future meeting. 4. Garfield crosswalk Olson noted an upcoming ODOT Pedestrian and Bicycle Grant opportunity in the amount of approximately $100,000. Committee agreed that staff should apply for the redesign of Siskiyou Boulevard at Garfield Street. Committee discussed member's ideas for the redesign including removing some or all of the left hand turn movements, roundabouts, narrowing traffic to one lane, extra wide medians. Committee agreed that more vehicle and pedestrian counts were necessary in order to narrow choices. Warshawsky, Ryan, Ferguson, Parducci volunteered to do pedestrian/vehicle turn movement counts on Siskiyou at Garfield on June 5th 5. Other problem areas Discussion tabled until third committee meeting. 6. Schedule next meeting (subject to room availability). Next meeting is scheduled for Wednesday, June 4th at 5:30 PM. Venue to be determined. C:\DOCUM E-I \shipletd\LOCALS-1 \Temp\Minutes 6 4 08.do o Ashland Traffic Safety Commission Minutes June 26°2008 Members Present: Alan Bender, Larry Blake, Terry Doyle (Acting Chair), Cate Hartzell, Eric Heesacker, Doris Mannion Members Absent: Greg Lemhouse, Colin Swales, Matt Warshawsky Staff Present: Jim Olson, Karl Johnson, Nancy Slocum, Officer Steve MacClennan 1. CALL TO ORDER - Acting Chair Terry Doyle called the meeting to order at 7:05 PM in the City Council Chambers, 1175 East Main Street. May 22, 2008 minutes were approved. H. ITEMS FOR DISCUSSION: A. PUBLIC FORUM: None. B. REVIEW OF TRAFFIC REQUESTS/PROJECTS PENDING/ACTION REQUIRED 1. Request for Loading Zone on Second Street Karl Johnson presented the staff report. Olson added that the owner of the Winchester Inn requested the loading zone be timed for between 8:30 AM and 5:30 PM. Dan Shulters, Dan's Shoe Repair, 27 South Second, said that cars often double park and customers asked for a loading zone. The building's owner, Allen Drescher, was in favor of the loading zone as well as the adjacent business owner, Linda Goldfarb. Decision: Doyle / Marmon m/s to accept staff s recommendation to create a 15 minute loading zone at the first parking spot north of Ender's Alley on the west side of South Second Street with the added time limit of 8:30 AM and 5:30 PM. Motion passed unanimously. 2. Review of the Oak / A Street Intersection Olson provided the staff report. The Oak / A / Van Ness intersection is inherently problematic and traffic has drastically increased over the years. Traffic counts showed a slight decrease in traffic on Oak Street, but a large increase on A Street. Van Ness traffic has also increased. Commission discussed the pros and cons of improving the railroad crossing at Oak Street. Joan Drager, 123 Central Av, noticed an increase in traffic on A Street turning left onto Oak Street. She was in favor of a crosswalk on Oak Street at A Street and increased visibility driving west on Oak Street. Jack Gibbs, 475 Briscoe, owned a business at Oak and A Street. He favored improving the railroad crossing. Discussion: Olson asked the Commission if they supported making changes immediately or waiting until the crossing was improved. Doyle suggested adding enforcement to the recommended improvements. Hartzell suggested prohibiting parking on the north side of Oak Street between Van Ness and A Street. Olson noted that parked cars were used as a traffic calming device and suggested installing advance crosswalk signs and a stop bar. Bender suggested painting a centerline. Decision: C:\DOCUME-1lshipletd\LOCALS-1\Tempuune 26 08 TSC.doc Page 1 of 2 ,oviomi nviomvooriov~.rrnuavioivc~oioivcuiovvooio,~nvinvvecbn~avrvvmzum, .r~,vwavnom~soiovvavmvunvrr.~. sz._,ooieyoa Heesacker moved to accept staff's recommendation to install a stop sign on Oak (for northbound traffic only) just south of A Street, a crosswalk with access ramp and tactile warning strip on the southerly sidewalk on A Street. The motion also included extending the centerline, directing staff to immediately study the impact of eliminating one or more parking spaces on the west and east side of Oak Street between Van Ness and A Street and to study sight distances for proper placement of advanced warning signs. Hartzell seconded the motion and it passed unanimously. 3. Siskiyou By Pedestrian Safety Update Olson said there were several Daily Tidings articles regarding the lower speed limit on Siskiyou. Olson was also interviewed regarding Siskiyou pedestrian safety on the cable access show "Moving Ahead." Staff discussed the option of hiring an engineer to look at the lighting on Siskiyou as ODOT was unavailable. Commission agreed. Olson summarized the first and second ad hoc committee meetings. The committee wanted to review the possible impacts of closing Siskiyou at Garfield to left hand turns on other intersections, primarily Bridge Street. He recommended hiring Southern Oregon Transportation Engineering at a reduced rate or using volunteers for the turn study. The Commission discussed the disadvantages of taking counts when SOU was not in session. Decision: Doyle moved to allocate $630 for left hand turn movement studies. Bender seconded the motion and it passed unanimously. 4. Transportation Commission Update This item was on the City Council June 3, 2008 agenda, but the Council ran out of time. It was rescheduled as a study session on July 14, 2008. [This meeting was later rescheduled for October 20, 2008.1 The Commission w2s encouraged to attend. Judge Pam Turner was in favor of the original draft which placed the judge as an "ex-facto" member of the Transportation Commission. The City Attorney subsequently removed the judge as a member citing potential conflict of interest. Turner thought it beneficial (e.g. parking issues) and would not present a conflict. 5. Bicycle & Pedestrian Issues Steve Ryan noted that a citizen attended the June 19`h Bicycle and Pedestrian Commission meeting speaking on the dangers of bollard stands to bicyclists. 6. Agenda Items for Next Month Commission asked that Oak Street Parking Spaces, Planned Pedestrian Improvements for Oak and B Streets, an update of the Transportation Commission and Siskiyou Safety Ad Hoc Committee Meeting Update be placed on the agenda for July. C. OTHER - None. NEXT MEETING DATE: July 24, 2008 [later rescheduled for July 31, 20081 III. Adjourned 9:00 PM C:\DOCUME-1~shipleld\LOCALS-1\Tempuune 26 08 TSC.doc Page 2 of 2 Ashland Traffic Safety Commission Minutes g July 31, 2008 Members Present: Alan Bender, Larry Blake, Terry Doyle, Cate Hartzell, Eric Heesacker, Greg Lemhouse, Doris Mannion, Colin Swales (Chair), Matt Warshawsky Members Absent: None Staff Present: Mike Faught, Jim Olson, Karl Johnson, Nancy Slocum, Officer Steve MacClennan 1. CALL TO ORDER - Chair Colin Swales called the meeting to order at 7:00 PM in the City Council Chambers, 1175 East Main Street. June 26, 2008 minutes were accepted as submitted. II. ITEMS FOR DISCUSSION: A. PUBLIC FORUM: Katrina Son, 321 Clay Street #8, presented a petition asking for the removal of the median turn lane blockade located just north of the intersection of Ashland Street and Clay Street. Commission asked staff to place the issue on the August agenda. B. REVIEW OF TRAFFIC REQUESTS/PROJECTS PENDING/ACTION REQUIRED Review of revisions to the Taxicab Ordinance and an application for a Special Vehicle Permit was added to the agenda. 1. Review of revisions to the Taxicab Certification Ordinance and application for a Special Vehicle Permit Jim Olson presented the staff report. The Legal Department asked the Commission to review proposed revisions to the ordinance that the sections on approval authority, insurance requirements, permit revocation and renewal. Warshawsky recommended that Lithia Way be added to the list of streets at 6.30.040 and the addition of lighting requirements for operation after dark. In addition, the requirement that drivers of pedicabs and passengers under the age of 16 wear bike helmets and must provide helmets for all passengers. Further discussion on the revisions was tabled until a strikethrough version of the proposed ordinance could be provided. Roger and Michelle Owen, Silver Ridge Outfitters, made a last minute request for a Special Vehicle Permit to allow horse drawn carriage rides in Lithia Park from the bandshell to the loop parking lot and back again (a 10-15 minute ride). In addition they would apply for one day permits for special occasions on an as-needed basis. Horses would be "trotted" on busier streets to keep up with the flow of traffic; trailer would be parked on quieter streets; waste bags would be attached to the rear of the horses. Decision: Lemhouse / Warshawsky m/s to accept staffs recommendation to approve a Special Vehicle Permit for horse drawn carriage rides in Lithia Park from the bandshell to the upper duck pond parking lot. Motion passed unanimously. 2. Request for parking prohibition on Vista Street Karl Johnson presented the staff report for a request to eliminate the last two parking spaces on the north side of Vista Street between Ravenwood Place and Meade Street. There was a vision clearance problem caused by the steep slope of Vista Street at Meade Street. Staff did not have an objection to the request. Decision: C:\DOCUME-1\shipletd\LOCALS-1\Temp\July 31 08 TSC.doc Page 1 of 3 ioioioiviarvinnsivi_. ecnc,.+. nvioiomiinvivioioa~envivicvoievioioioieioioivioiovioioruioiomnnviur~r~oioivinne nvmicrvioiui i ivrnooa~ iov.~.,.vo Heesacker moved to approve the request to eliminate the last two parking spaces on the north side of Vista Street between Ravenwood Place and Meade Street. Bender seconded the motion and it passed unanimously. 3. Request for temporary handicap parking space on Walker Avenue Staff received a request for a temporary disabled parking space on the west side of Walker Avenue between Parker Street and Ashland Street. Johnson explained that historically the applicant reimburses the City $50 for labor and materials in creating the space. The space would be in place until the applicant moved or the paint wore off naturally. Decision: Heesaker moved to approve the request to create a temporary disabled parking space adjacent to 467 Walker Avenue. Doyle seconded the motion and it passed unanimously. Commission directed staff to review the legality of charging for the creation of the space. 4. Request for parking prohibition on Sherman Street Johnson noted that this request was reviewed and denied by the Commission in March of 2006. At that time neighbors were concerned about increased traffic speeds associated with the elimination of parking on one side of the street. Decision: Swales/Heesaker m/s to deny the request to eliminate parking on one side of Sherman Street between Siskiyou Boulevard and Iowa Street. Motion passed unanimously. Commission directed Staff to review the timing of the traffic control signal at Siskiyou and Sherman and to complete a traffic count in the near future. 5. Siskiyou Boulevard Pedestrian Safety Update Warshawsky, Chair of the Ad Hoc Committee, reported that the committee declined to apply for the ODOT Pedestrian and Bicycle Grant as the timeline was rushed and more traffic count info was needed. Swales reported that he signed a letter on behalf of the Commission in support of the alternate grant application to construct sidewalks on Laurel Street. Faught briefed the Commission on his recommendation that traffic engineering firm of HDR be hired to conduct a full safety analysis of Siskiyou Boulevard from East Main Street to Walker Avenue. In addition, the firm would work with the Ad Hoc Committee. Council would make a decision August 5, 2008. Warshawsky said the Ad Hoc Committee would review SOU student and employee parking this summer. Blake noted that the parking lots are currently at capacity during peak hours. The next Ad Hoc Committee meeting was scheduled for Wednesday, August 13 1h at 5:30 PM at 51 Winburn Way. The Commission and the public were invited to attend. Hartzell asked the status of the pedestrian activated flashing beacons. Faught reported that, although he would have preferred an engineer review the type of beacons, as the beacons were a Commission decision and the beacons are portable, they will be purchased and installed. 6. Transportation Commission Update The City Council study session was rescheduled for October 20, 2008. Blake asked if the new Commission would make recommendations as to transportation funding. Olson said yes. 7. Bicvcle & Pedestrian Issues C:\DOCUME-1\shipletd\LOCALS-1\Tempuuly 31 08 TSC.doc Page 2 of 3 Steve Ryan updated the Commission on "Car Free Day" and the associated "Commuter Challenge" sponsored by the City and RVTD set for Monday, September 22 from 4:00 to 7:00 PM on Oak Street. 8. Agenda Items for Next Month - None 9. Other - Swales asked that accident reports be added to the packet. NEXT MEETING DATE: August 28, 2008 III. Adjourned 8:55 PM C:\DOCUME-l\shipletd\LOCALS-1\Temp\July 31 08 TSC.doc Page 3 of 3 0"4//O/m .O/6itli0/O/4/02/O/OCl/O% % /O/O/GU0/O/C2/SG./0/0/0/0/4% 'S•4/O/09/O/O/Oi0/O/O/O/a9~0/O/Om~_D/4iP.'.i/O/OiL.(J/O/O/.AOiO/4% 9/4~o/O/O/O/O/O/(J/O/O// CITY OF ASHLAND Council Communication 12`h Annual Report on Implementation of the Valdez Principles Meeting Date: September 16, 2008 Primary Staff Contact: Dick Wanderscheid Department: Electric E-Mail: wandersd@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: None. Informational purposes only. Staff Recommendation: None. Informational purposes only. Background: The Ashland City Council adopted the ten Valdez Principles in May, 1990. The 10`h principal requires an annual report on the progress of implementation. The report consists of listing programs, initiatives and City activities that support each of the principles. It is an ongoing growing list with new items and descriptions added in Italics. Inactive or completed items are put in parentheses to show their inactive status. Related City Policies: None. Council Options: No action required. Potential Motions: None. Attachments: Valdez Principles 12`h Annual Report Page 1 of 1 091608 Valdez Principles.CC.doc City Activities and Initiatives that Support the Valdez Principles September, 2008 Items in Italics are new to the list this year (Items in parenthesis are completed or no longer active) 1. PROTECTION OF THE BIOSPHERE a) Environmental and Physical Constraints Ordinance Section 18.62 of the Ashland Municipal Code's (AMC) purpose "is to provide for safe orderly and beneficial development of districts characterized by diversity of physiographic condition and significant features." Features that can be considered include but are not limited to: slope, natural drainage ways, wetlands, soil characteristics, potential land slide areas, natural and wildlife habitat, forested areas, significant trees and significant natural vegetation. b) Flood Plain Ordinance Section 18.62.070 of the Ashland Municipal Code (AMC) regulates all development in the flood plain corridor. It regulates fill, material placement and amounts, culverting and bridging, structures, storage of hazardous materials, and transportation facilities. C) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations." The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. d) (Ashland Watershed Partnership Participation and Policy) Following the flood in 1997, a local group of citizens formed a group named the Ashland Watershed Partnership (AWP) to work with the City on flood related and environmental issues. The City staff and AWP held a number of meetings and devised changes in City policies and operation. AWP also helped with flood restoration by providing input on City plans and activities related to flood cleanup, restoration and remediation. e) (Roca Creek Project) The city funded a study in 1996 which resulted in City funding and implementing a project that day lighted ROCA Creek, diverted some water to Paradise Creek and improved the riparian habitat for both creeks. f) (Ashland WTP Wetlands Demonstration Project) Prior to rebuilding the City's Waste Water Treatment Plant in 2002, the City developed a demonstration wetland to try and determine if Wetland treatment could be utilized to meet the new more stringent state standards regulating the quality of the water that was produced by the City Waste Water Plant. The Plant reconstruction ultimately did not utilize this type of technology. g) Hillside Development Ordinance Section: 18.62.080. regulates development on hillsides to "ensure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental resources, and aesthetic qualities and restorative value of lands and the public health, safety and general welfare by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems and sever cutting or scarring. h) (Ashland Creek Restoration Project) Following the flood in 1997, the City undertook replacing the Winburn Way Culvert and the Water Street Bridge with new facilities that offer protection for the current 100 year flood designation. Page 1 of 17 i) Air Quality Programs Section 9.24 of the AMC regulates Solid Fuel heating device installation, creates a Solid Fuel Burning Devise Emission standard, restricts wood burning emissions on high pollution days, and prohibits the burning of anything but firewood in solid fuel heating devices. Also in 1990, the City implemented the SOLVE program (Save our Livability, View & Environment Program). This program created a wood stove rebate removal and loan programs to help with the removal of old non certified woodstoves. A total of 212 stoves have been removed under this program as of September, 2008. j) Storm Water Master Plan The City developed a storm water master plan in 1999 and it was updated in June 2002. This plan identifies specific storm water projects and their costs. It also defines water quality corridor areas and will be updated with the new non-point discharge elimination system permits for storm water discharge (NPDES Plan B). k) Fire Department Vehicle Washing Policy The Fire Department washes their vehicles either at the City yards or inside the Fire station where runoff is processed through a grease separator and then enters the waste water system instead of the storm water system. This ensures no detergent or harmful oils or fluids enter the City's storm water system. 1) Riparian Ordinance Revisions Section 18.62.075 of the AMC regulates developments in areas indicated for Riparian Preservation. The Planning staff and Commission have been working on updating this ordinance and hopes to complete this work in 2007. m) (Ashland WWTP Upgrade) The City completely rebuilt the City's Wastewater Treatment plant in 2002. This upgrade cost about $31,000,000 and resulted in the City meeting exceedingly stringent State and Federal standards for chlorine and phosphorous reductions to discharge to Bear Creek. n) Street Standard Revisions Section 18.88.050 sets standards for newly constructed roads in developments in Ashland. The Ashland Planning staff and Planning Commission worked with Public Safety staff to develop standards that minimize pavement and promote alternative transportation while still ensuring access for Public Safety vehicles and personnel. o) Storm Drainage Cleaning and Maintenance The City has a regularly scheduled storm drain maintenance and cleaning programs which are designed to keep our storm drainage system operable during time of high water flows. P) Erosion control planning and bank stabilization measures in Public Works projects Public Works plans in advance all projects where bank stabilization is necessary to ensure that these measures are implemented during construction of these projects. Planning regulations also have extensive requirements for developers located in section 18.62. of the AMC. q) (Installation of storm ceptor in new Winburn Way Bridge) During reconstruction of the Winburn Way Bridge after the 1997 flood, a storm ceptor was installed. This device filters storm water runoff and removes contaminates before the water enters Ashland creek. r) Construction Training for creek protection by Public Works The PW Department provides periodic training for their crews about the importance of creek protection whenever their projects involve working in Riparian areas. S) (Granite Street Quarry Restoration Project) The old quarry has been restored and converted for use for residential development. t) (Pistol range restoration project) Page 2 of 17 The City did extensive work to restore the old pistol range located above the City. The land has been restored to pre range conditions. U) Tree Preservation Ordinance Section 18.61 of the AMC regulates the preservation and removal of trees in the City. It defines heritage trees, created a tree removal permit process, and created tree protection standards and establishes penalties for violations. V) (Installation of storm ceptor in Gresham Street as part of the Library Project) During work performed on Gresham Street in conjunction with the Library addition, a storm ceptor was installed. This device filters storm water runoff and removes contaminates before the water enters the storm drainage system. W) (Bioswale on the Elk's parking lot) During reconstruction of the Parking Lot located north of the Elks building, a bio swale was installed. The purpose of this facility to slow down, filter, and clean storm water run off from the parking lot. X) (Oil and grease separator at the new Fire Station) This separator ensures that any runoff of oil or grease at the station is contained and prevented from entering the storm water system. Y) Riparian & Wetland Area Inventory The City commissioned a study to identify these areas of the City. The report was completed by Fishman Associates in June, 2005. Z) Tree Replacement Rebate Program The City's electric utility has a rebate program which pays cash rebates to citizens who replace trees which have grown or will grow and interfere with power lines, with power line friendly trees which will not be tall enough to cause power line problems even at full growth. aa) Riverwalk Ponds As a part of the subdivision developed on Mountain Ave. south of Bear Creek, ponds were constructed to help control and clean storm water runoff. bb) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation systems, and greatly improved pedestrian crossings, especially in the SOU area which has a considerable amount of crossing traffic during SOU operating hours. cc) Dewatering Centrafuge at WWTP This machine was installed to remove the water from waste water sludge to reduce its volume and weight and hence reduces the costs incurred for disposal. dd) -(Purchase of New Bio-fuel Tank) When the City began experimenting with Bio Diesel in some selected vehicles in 2003, we purchase a 500 gallon tank to store this fuel. ee) Bear Creek Drainage Enhancement Project This project included the restoration of a filled-in remnant channel, armoring and reconstruction of approximately 500-feet of degraded stream channel and the construction of a series of ponds with wetlands to control storm run-off and improve water quality. The project is situated on approximately 6-acres within the Bear Creek Floodplain Corridor that was dedicated as public parkland through the River Walk residential development. Page 3 of 17 ff) North Mountain Neighborhood-Park Land Dedication and Storm Water Treatment Project As part of the Meadowbrook residential development, approximately 3-acres within the Bear Creek flood plain was dedicated a City park land. A small portion of the land was set aside for the construction of a wetland water quality feature, intended to treat and reduce the velocity of storm water prior to being deposited into Bear Creek. gg) Lithia Park Duck Pond Restoration The Park's Department has cleaned up both duck ponds and have installed a filtering system on the lower pond to enable recycling of the water. They have also installed a new pipe to enable TID water to be used in the upper pond instead of treated city water. 2. SUSTAINABLE USE OF NATURAL RESOURCES a) Renewable Resource Generation Policy (net metering) The City passed one of the first net metering policies in the US, back in 1996. This policy encourages the installation of net metered solar electric systems by creating easy and straight forward connection requirements and also pays full retail prices for excess generation of up to 1,000 kWh's per month. b) City's Solar Water Heating Program The City has provided rebates and loans for solar water heaters installed under the City's Bright Way to Heat Water program since 1998. C) Performance Standards Development Ordinance The City has used performance standards to guide residential development since the early 1980's. It includes increased density for desirable development characteristics. d) Transportation System Plan (TSP) The city's transportation plans lays out various strategies to improve transportation choices and attempts to promote multi-model ways to move people and goods within the City. This plan is scheduled to be updated in 2007-08. e) Bicycle Commission activities This City Commission has worked on a number of efforts to promote, pedestrian and bicycle use in Ashland. Bicycle and pedestrian movement will also be updated as a part of the TSP. f) City Open Space Acquisition Plan The City has an adopted open space plan and utilizes 1 % of the Food and Beverage Tax to acquire property identified in that plan. g) Comprehensive Water Supply Study Carollo Engineers worked with the City to develop a 2050 Water Supply Study in 1998. This plan has aggressive Water Use Efficiency Target that project that water demand in 2050 will be 20% lower because of the City's Water Use Efficiency initiatives and programs. h) Ashland Solar Pioneer Program This was a program where 30 kW of solar electric generation was developed at Southern Oregon University, The Oregon Shakespeare Festival and the Ashland Civic Center & Police Station. Outside funding from the Bonneville Environmental Foundation, the Bonneville Power Administration, AVISTA, SOU, OSF, the City's Electric Utility and nearly 260 Ashland Citizens and businesses provide funding to help install these systems. i) (New bike path along Railroad ROW) In 1998, the City completed the Bike Path located along the railroad tracks that runs from 4'" Street to Tolman Creek Road. Page 4 of 17 j) (Certified Wood Program) The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18'" months after adoption. k) 20% Water Conservation Goal of Comprehensive Study The Carollo report that projected water supply needs, assumed that demand will be reduced by 20% because of city water use efficiency programs and initiatives. 1) (Chamber of Commerce Wise Resource Usage Booklet provided to every household in Ashland was distributed in the spring of 2005) The City help fund this booklet which was marked to all Ashland addresses in 2005. It has information to help Ashland citizens and business reduce their use of resources. m) (Water efficient landscaping tour) n) (Green Power purchase by the City) From 2001 to 2005, the City purchased 1aMW of Environmentally Preferred Power from BPA. 1 aMW represents 5% of the 20aMW total electric load and annually cost the city about $91,000 in additional wholesale power costs. o) (City Natural gas vehicle) The City's Building Department used a natural gas powered vehicle for building inspectors for 8 years to complete building inspections. P) (Transportation, Transit and Parking Initiative) In the spring of 2000, an ad hoc committee was formed to tackle transportation related problems in the downtown, Ashland Community Hospital, Southern Oregon University and their surrounding residential areas. Topics included parking traffic congestion, opportunities for increased use of alternate transportation, walk ability and traffic safety. This plan was never fully implemented q) "B" Street subsurface drip irrigation system and signage The landscaped park rows around the City's Yard at the corner of 'B' street and Mountain Avenue was landscaped with Water Wise Vegetation and a subsurface drip irrigation system and also signage was installed to inform pedestrians about the Water Conserving techniques used there. r) Irrigation signage at Copeland lot and Wilderness Charter School This parking lot and high school facility had signage installed to educate the public about water wise landscaping and irrigation techniques. S) Solar Electric Rebate Program The City pays rebates to Ashland citizens and businesses who install net metered solar electric systems. t) (Rate Mitigation Agreement with BPA) During the energy crises of 2001, the City worked with BPA to voluntarily curtail energy usage by shutting off a number of street lights and curtailing other discretionary energy usage. U) (Use of certified wood in Hillah Temple Project) The City used certified wood as a part of the remodel of the Hillah Temple into the Community Development/Engineering Building. V) (Solar electric system installation at Ashland Middle School) In 2001, The City and BPAjointly funded a 560 watt solar electric system at the Ashland Middle School. Page 5 of 17 W) Affiliated Marketing agreement with the Bonneville Environmental Foundation (BEF) for the sale of Green Tags The City entered an agreement with BEF to jointly market BEF Green Tags to Ashland Citizens and Businesses who desire to green up electric supply. This agreement was signed in 2003 and the City receives a $1.00/tag rebate for each tag sold. As of July 2008, a total of 8,445 tags has been received under this program. This program was renewed in June, 2007. X) (New Solar Electric System at Wilderness Charter School) BEF provided an upfront payment of $2,500 from the sale of green tags and the City's electric utility provided $990 in solar rebate funds to help fund this 660KW system which was installed in 2003. Y) Efficient Refrigerator Incentive The City pays rebates for the purchase of energy efficient refrigerators. Z) Earth Advantage Program The city purchases the license to use the Earth Advantage Program to certify sustainable new homes. As of August 2007, 18 homes have been certified as Earth Advantage Homes aa) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation system and greatly improved pedestrian crossings, especially in the SOU are which has a considerable amount of crossing traffic during SOU operating hours. bb) Renewed 3-year purchase of Environmentally Preferred Power(EPP) The City Council renewed our purchase of 1 aMW of EPP for 3 years in 2006. The EPP purchase represents 5% of our total wholesale power supply and made up of 100% NW Wind resources and runs until 2009. cc) (LEED Fire Station Commitment) The Ashland City Council committed to build and certify the proposed new Fire Station No 2 to LEED Silver Standards. dd) (Bonneville Environmental Foundation (BEF) Direct Mail Campaign) BEF and the city conducted the first in a series of direct mailing promoting the sale of BEF Green Tags in late 2006. The marketing project will continue in 2007. ee) (New Solar Electric System at North Mountain Park) The Parks Department installed a new solar PV system and educational kioski at North Mountain Park. The City's Electric Utility helped to fund this through the City's PV rebate program ff) (Clean Renewable Energy Bond (CREB) Application) The City submitted a Bond application to the IRS for $500,000 to construct a new solar Electric Generation System on City owned facilities located at 90 N. Mountain Ave. The City was granted approval of the application in December 2006, and we are currently working on implementation of this project. gg) (Public Bike Path Construction) In accordance with the guiding policies set forth in the Transportation Element of the comprehensive Plan with implementation through the Land Use Ordinance and the City's Transportation Plan, the Billings Ranch Subdivision designed and installed approximately 1700 lineal feet of multi-use pathway adjacent to the railroad tracks. This section will ultimately provide a northerly link to the Bear Creek Greenway via Jackson Road. hh) Installation of Variable Frequency Drives at the WWTP The City has installed four variable frequency drives on the pumps at the City's Waste Water Treatment Plant. These drives will reduce electric energy consumption and demand costs for the plant and also increase the lifetime of the pumps. Page 6 of 17 ii) Use of Recycled Water for Sewage Lane Maintenance The City's Waste Water Department now uses treated waste water from the Plant for maintenance and cleaning of sewer lines through out the City. This reduces potable water use and costs. jj) Purchase of Ford Hybrid Escapes The City added 3 new Ford Hybrid Escapes to the City Fleet. 2 went to the police Department and 1 will be for use by the Computer Service Staff. This is added to the 3 existing hybrids used by Water, Electric and Purchasing Departments. kk) Energy Smart Water Program The City's Conservation Division is operating a new program in conjunction with the Bonneville Power Administration to provide Energy Auditing services to Ashland's Large Grocery Store and Small Convenience Stores with significant refrigeration loads. The program also provides financial incentive to install identified conservation measures. ll) Solar Pioneer 11 The City installed a 63.5 kW solar electric system at 90 N. Mountain Ave. The system was funded by low interest Clean Renewable Energy Bonds and a Business Energy Tax Credit Pass thru purchased by Bank of the Cascades. Citizens and businesses can purchase a portion of the virtual output of the system for 20 years. mm) Lithia Park Ice Skating Rink Retrofit The Ashland Park's Department is retrofitting the ice making coils in the skating park. The new coils will save a considerable amount of electricity in making and maintaining the ice and will also reduce the amount of labor needed to setup and take down the rink each season. 3. REDUCTION AND DISPOSAL OF WASTE a) City's recycling programs The City's Solid Waste Franchise, Ashland Sanitary and Recycling offer a vast array of curbside and depot recycling programs. b) Styrofoam Ban Section 9.20.030 of AMC banned the use of Styrofoam in Ashland beginning in 1990. This ordinance was amended in 1998 to allow the use of Styrofoam for meat, poultry, and seafood because it arrived packaged in Styrofoam at the various markets in town. C) Composting Programs The City's recycling task force started the City's backyard composting program back in 1990. The task force later became the City's Conservation Commission and they have continued to provide free classes and free compost bins for over 15 years. d) Conservation Commission activities 1) (Tree free paper utility bill insert) The Commission funded an insert in the City's utility bill that was printed on Tree Free Paper. The intent of the insert was to educate citizens about the availability of paper that was made from non tree material. 2) (Green Schools Program) The commission worked with various Ashland Schools on waste redirection, recycling and composting to help green up their operations. Page 7 of 17 3) (Conservation Commission video productions) The commission funded, scripted and worked with RVTV to produce Water Conservation, Energy Conservation and source reduction and recycling video to help educate Ashland citizens and businesses on these subjects. 4) (Jefferson Monthly articles) The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly Magazine of JPR to educate readers on various sustainability issues. 5) Green Business Program The commission worked with an SOU graduate student to develop a Green Business Certification Program with Ashland Businesses. The Conservation Department's staff now operates this program and to date 13 businesses have been certified by this program. 6) Adopt-A-Street Program The Commission worked with an interested citizen and developed a program where individuals, neighborhoods, organizations, or business could adopt a street section and then they would periodically pick up liter on the street section. We currently have 10 organizational adopters of 11 streets, and 10 residential adopters. 7) (Water efficient landscaping tour) The commission sponsored a tour of homes and businesses that had installed water efficient landscaping plant methods and irrigation system to educate the public on this subject. 8) (Water wise newspaper articles) The Commission wrote a series of articles in the Ashland Daily Tidings about water use efficiency. 9) (Energy conservation newspaper article series) The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency. 10) (TID education project) The Conservation Commission spent some of their meeting time with Public Work's staff to learn about the Talent Irrigation District and how their water effects Ashland's Water situation. 11) (Newspaper article series on recycling) The City's Conservation Commission members took turns writing a series of articles in the Ashland Daily Tidings about recycling programs and opportunities available in the Rogue Valley. 12) (1" Earth Day event at North Mountain Park, 2nd annual event held in 2003) The City's Conservation Commission and Conservation Division have helped to sponsor and staff at annual Earth Day events since 2003- 13) (Rain Water Catchment Class) The City's Conservation Commission held a class exploring various rain water catchments methods. 14) Solar Home Tour held in 2003, 2004, 2005, 2006, & 2007 The City's Conservation Commission has sponsored annual solar and energy efficient home tours since 2003. 15) (Greening the World Wellness Weekend) The City's Conservation Commission used a portion of their budget to purchase Green Tags from the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key note speaker of this event which was held in Ashland in 2005. 16) Cities for Climate Protection (ICLEI) Page 8 of 17 The City became a voluntary member of ICLEI back in 2004. The conservation Commission and staff worked with Southern Oregon University students in Environmental Education Program to do a greenhouse gas emission inventory for the city. This study identified transportation as the primary carbon emission culprit. Lesser contributions were generated by the use of natural, gas for space and water heating. ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's Conservation Commission, Conservation Division and Bike and Ped Commission has each provided $200.00 funding to cover 2007 ICLEI participation membership fees. e) Minimize the use of chemicals in City Public Works operations The City's public works department has worked to reduce the use of harmful chemicals in their day to day operations. f) Asphalt reuse by Public Works The City recycles used asphalt by having it re-crushed into % minus that is used in other City Project. g) Revision to City's Styrofoam Ordinance IN 1998, the city revised its outright ban on the use of Styrofoam by amending the ordinance exempt meant, poultry, and seafood packaging at the request of local grocery stores. This was done because these items were being sent to Ashland packaged in Styrofoam and then being repackaged in cardboard. This resulted in additional handling of the product, reduced shelf life and the original Styrofoam packaging being thrown in the garbage. h) Water based street paint The City has switched from oil based to water based paints for the majority of our painting needs. i) Switch from diesel fuel to propane for fire extinguisher training conducted by Fire Department The City's Fire Department switched from diesel fuel to propane to conduct Fire Extinguisher training. j) Ashland Sanitary Yard Debris Pick-Up Program Ashland Sanitary offers a green waste pickup service for a fee to all Ashland residential customers. k) Recycled Paper The City now uses 100% post consumer recycled paper for our copiers and printers. 1) Increase Recycling Opportunities Ashland Sanitary offers commingled curbside collection of a wide array of materials at no charge to Ashland resident. m) Temperature study for the WWTP Effluent The City hired Corallo Engineers because of a DEQ requirement to reduce our effluent temperature. The consultant is working with staff and a citizen committee on this subject. n) Piping of Filter Backwash Water to the WWT Plant. The City installed a wastewater line so that water that is used to back wash the filters at the City's water treatment plant is sent to the City's wastewater treatment plant for treatment. o) Green Waste Paper Bag Program Last fall the City in conjunction with Ashland sanitary provided reduced fee paper bags that Ashland citizens could use to place leaves in for pick-up and composting by Ashland Sanitary. Page 9 of 17 4. WISE USE ENERGY a) Performance Standards Development Ordinance The City has used performance standards to guide residential development since the early 1980's. It includes increased density for desirable development characteristics. b) Transportation Plan The City's transportation plans lays out various strategies to improve transportation choices and attempts to promote multi-model ways to move people and goods within the City, C) Conservation Commission activities (Tree free paper utility bill insert) The Commission funded an insert in the City's utility bill hast was printed on Tree Free Paper. The intent of the insert was to educate citizens about the availability of paper that was made from non tree material. (Green Schools Program) The Commission worked with various Ashland Schools on waste redirection, recycling and composting to help green up their operations. (Conservation Commission video productions) The Commission funded, scripted and worked with RVTV to produce Water Conservation, Energy Conservation and source reduction and recycling videos to help educate Ashland citizens and businesses on these subjects. (Jefferson Monthly articles) The Commission wrote a series of articles entitled "Living Lightly" in the Jefferson Monthly Magazine of JPR to educate readers on various sustainability issues. Green Business Program The Commission worked with an SOU graduate student to develop a Green Business Certification Program with Ashland Businesses. The Conservation Department's staff now operates this program and to date 13 businesses have been certified by this program. Adopt-A-Street Program The Commission worked with an interested citizen and developed a program where individuals, neighborhoods, organizations, or business could adopt a street section and then they would periodically pick up liter on the street section. We currently have 10 organizational adopters of 11 streets and 10 residential adopters. (Water efficient landscaping tour) The Commission sponsored a tour of homes and businesses that had installed water efficient landscaping plant methods and irrigation system to educate the public on this subject. (Water wise newspaper articles) The Commission wrote a series of articles in the Ashland Daily Tidings about water use efficiency. (Energy conservation newspaper article series) The Commission wrote a series of articles in the Ashland Daily Tidings about energy efficiency. (TID education project) The Conservation Commission spent some of their meeting time with Public Work's staff to learn about the Talent Irrigation District and how their water effects Ashland's Water situation. Page 10 of 17 (Newspaper article series on recycling) The Commission members wrote a series of articles in the Ashland Daily Tidings about recycling programs and opportunities available in the Rogue Valley. Earth Day annual event held in 2003, 2004, 2005, 2006, & 2007 The City's Conservation Commission and Conservation Division have helped to sponsor and staff booths at annual Earth Day events since 2003. (Rain Water Catchment Class) The City's Conservation Commission held a class exploring various rain water catchments methods. Solar Home Tour in 2003, 2004, 2005, 2006, & 2007 The City's Conservation Commission has sponsored annual solar and energy efficient home tours since 2003. (Greening the World Wellness Weekend) The City's Conservation Commission used a portion of their budget to purchase Green Tags from the Bonneville Environmental Foundation to offset the energy usage and travel energy of the key note speaker of this event which was held in Ashland in 2005. Cities for Climate Protection (ICLEI) The City became a voluntary member of ICLEI back in 2004. The Conservation Commission and staff worked with Southern Oregon University students in Environmental Education Program to do a greenhouse gas emission inventory for the city. This study identified transportation the primary carbon emission culprit. Lesser contributions were generated by the use of natural gas for space and water heating. ICLEI in 2006, transitioned from a voluntary program to a fee based organization. The City's Conservation Commission, Conservation Division and Bike and Ped Commission has each provided $200.00 funding to cover 2007 ICLEI participation membership Fees. d) (Resource Conservation Manager Program (City, SOU, School District and Ashland Chamber of Commerce)) The City and our partners took part in a BPA sponsored 2 year program where each of the above organizations appointed a Resource Conservation Manager (RCM) to track resource costs and work to implement operational changes and access programs which could help to install conservation initiatives within the institutions. e) Energy and Water Conservation Programs The City has a vast array of programs which help citizens and businesses use resources (electric & water) more efficiently. f) (Certified Wood Program) The Ashland city Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18'n months after adoption. g) (City's natural gas vehicle) The City's building Department uses a natural gas powered vehicle for building inspectors. This vehicle needs to be refilled about every 4 days at the RVTD facility in Medford. h) Conservation Augmentation Agreement with BPA The City has been operating various energy conservation programs that are funded by the Bonneville Power Administration under this agreement. i) Council allocation of money to provide reduced fee bus services in Ashland Page 11 of 17 The City has provided funding to RVTD for the past few years which has resulted in expanded service and lower bus fees than would have existed without the City's monetary support. j) (New Commercial Resource Conservation Audit cost-share program conducted in conjunction with Oregon Manufacturing Extension Partnership (OMEP)) The City partnered with OMEP to provide energy audit service for any City Manufacturing business. Because these are very few of these types of forum in Ashland, this program has not been utilized so far. k) (Ashland/BPA Power Shift Pilot Program) In 2005, the City and BPA implemented the pilot Power Shift Program where 100 homes were outfitted with load management devices which could control thermostat and water heater via the internet and Ashland Fiber Network. This 2 year pilot successfully ended in December, 2006. BPA learned the technology was reliable and could shift about 2kW of residential demand by thermostat set backs and water heater curtailment. 1) (Use of Bio Diesel in the City Fleet) After experimenting with a few vehicles, the City has switched the majority of our diesel fleet to Bio Diesel. This fuel is purchased from the Grange Coop in Ashland. m) Use of Soy Oil in Electric Transformers The City's specification now require all new transformers to use FR3 the brand name soy oil made specifically for transformers. This oil has superior operating characteristics and poses little environmental threat should a leak occur. n) (The City's Public Works Department purchase of New Hybrid vehicles) Information Technology, Water treatment, Purchasing, Police and Electric operations all now use Hybrid Escape Vehicle as our City Fleet Vehicles. 0) Fluorescent Bulb Recycling Grant by the Conservation Commission The City of Ashland s Conservation Commission has provided funding to cover the costs of recycling florescent tube and compact fluorescent bulbs. This allows Ashland Citizen's to recycle these items without charge at the recycling Depot on Water Street. P) Diesel Fleet Retrofit Public Works and Administration have been working to secure a grant to retrofit the majority of the City's diesel fleet with aftermarket emission reduction devices. These devices could reduce the emissions from some diesels by as much as 90%. If awarded, the grant could fund as many as 19 retrofits of our most frequently used diesel vehicles. q) Electric's New Line Truck The City is replacing its 17 year old Line Truck with a new truck. We purposely waited for the 2007 model to be available because they have higher safety and emission standards then the 2006 models. r) New Economizer on Fire Station No 1 The City installed a new economizer on the HVAC system at Fire Station No. 1. S) New Soft Start Equipment at the WWTP The City installed soft start equipment on the large motors at the City WWTP plant. This should not only save energy and demand, but also preserve equipment life. t) Subsidized Bus Fares The City Council authorized a $191,137 subsidy to RVTD to provide $.50 fares in Ashland during FY07-O8. U) Business Energy Tax Credit (BETC) The City received a BETC pass through tax credit for our bus subsidies Page 12 of 17 V) Installation of Variable Frequency Drives at the WWTP The City has installed four variable frequency drives on the pumps at the City's Waste Water Treatment Plant. These drives will reduce electric energy consumption and demand costs for the plant and also increase the lifetime of the pumps. W) Use of Recycled Water for Sewage Lane Maintenance The City's Waste Water Department now uses treated waste water from the Plant for maintenance and cleaning of sewer lines through out the City. This reduces potable water use and costs. X) Purchase of Ford Hybrid Escapes The City will added 3 new Ford Hybrid Escapes to the City Fleet last year. 2 will go to the police Department and 1 will be for use by the Computer Service Staff. These were added to the 3 existing hybrids used by Water, Electric and Purchasing Departments. Y) Energy Smart Water Program The City's Conservation Division is operating a new program in conjunction with the Bonneville Power Administration to provide Energy Auditing services to Ashland's Large Grocery Store and Small Convenience Stores with significant refrigeration loads. The program also provides financial incentive to install identified conservation measures. 5. RISK REDUCTION a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) EMF Policy City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical facilities in Ashland. C) Revisions to City Emergency Management Plan The City has an extensive Emergency Management Plan which is living on going document that is constantly being updated and amended as emergencies and emergency simulations unfold. d) Ongoing training and simulations of emergency situations The City periodically will simulate various emergencies to order to practice dealing with real world emergencies. This helps employees learn how to implement our Emergency Management Plan and practice the various roles need to implement the plan should a real emergency occur. e) Ongoing safety training of City field personnel City field personnel have monthly meeting dedicated to safety and ensure that our employees have to knowledge to help them safely perform their work duties. f) (Y2K preparedness) The City has an extensive plan to prepare for Y2K and it was implemented, and the change over went very smoothly. g) Community Emergency Response Team Program (CERT) The program that is operated by the City's Fire Department has trained 469 volunteers trained to aid the City in responding to future emergencies. 289 citizens are currently active members in CERT. Page 13 of 17 h) (Fire and Police Department videos) The City worked with RVTV to produce Video that could be used to educate Ashland citizens about Police & Fire Department operations and programs. i) (School safety programs) The City for a number of years funded or partially funded an Ashland Police officer to work in at the Ashland School District as the School Resource Officers. Also officers have operated DARE programs in the grade school for a number of years. D (New fuel tanks at the City yards and airport) The city replaced old fuel tanks at the airport and 90 N. Mountain Ave in Ashland. The aging single walled tanks were replaced with modern double wall tanks. k) (Riparian video) The City's Community Development Department worked with RVTV to develop a video which could be used to educate Ashland Citizens and Stakeholders on Riparian issues, rules and proposed changes to our regulations. 1) (Riparian workshops) The City's planning department held a couple of public open houses to discuss the city's riparian inventory study and also had a couple planning commission study sessions ion this topic where the public was encouraged to attend and participate. m) (Wildfire forums) The City's Fire Department has held both City Wide and neighborhood forums to educate Ashland citizens about wildlife risks, prevention, mitigation and response. n) (Siskiyou Blvd Reconstruction) The reconstruction of Siskiyou Blvd has improved its appearance, provided bike lanes, installed new landscaping and irrigation system and greatly improved pedestrian crossings, especially in the SOU are which has a considerable amount of crossing traffic during SOU operating hours. o) Community Wildfire Plan The Community Wildfire Protection Plan (WPP) was completed and adopted by the City Council in 2004. This document synthesizes issues relevant to homeowners in the W ildland Urban interface as well as our municipal Watershed. The plan was submitted to the US Forest Service and accepted as an official CW PP under the Healthy Forest Restoration Act of 2003. P) Water Street Bridge The City has replaced the Water Street Bridge over Ashland Creek between "B" Street and Van Ness. This new bridge is designed to improve water passage during high water events. q) New Pedestrian Bridge Over Ashland Creek The replacement of the old wooden pedestrian bridge adjacent to the new Shasta Building is designed to improve water passage during high water events. r) Participation in Community Rating System (CRS) The City is an active participant in the a National Flood Insurance Program's (NFIP) Community Rating System (CRS). This is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed National Flood Insurance Program requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood insurance. 6. SAFE PRODUCTS AND SERVICES Page 14 of 17 a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) Environmental training for Public Works field personnel The City's Public Works Department holds periodic training on ensuring that sound environmental safeguards are employed when dong public works construction projects. C) (Consultation by Public Works with AWP members or other local experts on appropriate environmental techniques) After the flood in 1997, the city has a series of meetings with AWP members and other local environmental experts on not only flood related restoration efforts but other City projects to gain their perspective on how best to implement City projects. d) Construction notices to affected properties in advance of Public Works projects The City routinely notifies effected citizens and businesses when City construction projects will disrupt their place of residence or employment. e) (Certified Wood Program) The Ashland City Council approved Resolution 99-22 in 1999. This resolution required using certified wood on City projects that exceeded $15,000 if the incremental costs of the work didn't exceed standard wood costs by 10%. This resolution sunseted on July 3, 2001, 18`h months after adoption. 7. DAMAGE COMPENSATION a) (Ashland Creek Restoration Project) Following the flood in 1977, the City undertook replacing the Winburn Way Culvert and the Water Street Bridge with new facilities which wouldn't be as flood prone as the older facilities. 8. DISCLOSURE a) Herbicide Policy Section 9.28.020 of the AMC outlines the City's policy for the use of pesticides by City Departments. It is designed to "reduce the risk of illness or injury resulting from city employees and citizen's exposure to pesticides used on the course of performing city operations. The policy requires city workplace practices designed to reduce or eliminate the use of, and exposure to, pesticides. b) EMF Policy City Resolution 91-15 sets forth a sitting and construction policy with respect to EMF for electrical facilities in Ashland. C) Environmental training for Public Works field personnel The City's Public Works Department holds periodic training on ensuring that sound environmental safeguards are employed when dong public works construction projects. d) Construction notices for City projects The City routinely notifies effected citizens and businesses when City construction projects will disrupt their place of residence or employment. e) (1998 Water Quality Report (published JUnIy 1999)) Page 15 of 17 The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. f) (1999 Water Quality Report (published June 2000)) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. g) (2000 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. h) (2001 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. i) (2002 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. D (2003 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. k) (2004 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. 1) (2005 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. m) (2006 Water Quality Report) The city has developed and mailed water quality reports to Ashland Citizens since 1998. These reports required by Federal law gave details about water supply and water quality. n) 2007 Water Quality Report The city has developed and mailed water quality reports to Ashland citizens since 1998. These reports required by Federal law gave details about water supply and water quality. o) (City Source Energy Conservation video) The City worked with RVTV to develop a video to educate Ashland citizens and businesses about energy conservation in general and the City programs and activities available to them. P) (City Source Water Conservation video) The City worked with RVTV to develop a video to educate Ashland Citizens and businesses about water conservation in general and the City programs and activities available to them. q) Wildfire Hot Line The City established a wildfire hot line (541-552-2490) which provides information on local wildfires and controlled barring. 9. ENVIRONMENTAL DIRECTORS AND MANAGERS Dick Wanderscheid has Environmental Affairs as a designated responsibility. 10. ANNUAL ASSESSMENT Page 16 of 17 This is the twelfth annual report submitted to the City Council as required by the 10`n of the Valdez Principles. Page 17 of 17 CITY OF ASHLAND Council Communication Affordable Housing Parcel Application / Verde Village Meeting Date: September 16, 2008 Primary Staff Contact: Bill Molnar . Department: Community Develo ment E-Mail: molnarb@ashland.or.us Secondary Dept.: Legal Secondary Contact: Richard Appicello Approval: Martha Bennet Estimated Time: Consent Questions: Should the City Council authorize the submission of appropriate land use application(s) on City-owned property by the Rogue Valley Community Development Corporation (RVCDC)? Should the City Council authorize the early conveyance of the affordable housing parcel from the owners of Verde Village to RVCDC pursuant to the Verde Village Development Agreement? Staff Recommendation: Staff recommends Council authorize RVCDC to submit necessary land use applications on city-owned property prior to the actual land exchange authorized in the Verde Village Development Agreement. Staff further recommends Council authorize the early conveyance of the affordable housing parcel by Verde Village owners to RVCDC, subject to any approvals necessary to legally create the parcels and subject to all other applicable terms and conditions of the Verde Village Development Agreement. Background: The federal approval of the land exchange for Verde Village is still pending, thus the trigger to the land exchange has not yet occurred. RVCDC, the affordable housing provider at Verde Village would like to submit certain land use applications (e.g. final development plan) but cannot submit until they own the property or obtain permission of the owners - in this case both the City the Mr. And Mrs. Williams. AMC 18.108.017 requires an application signed by the owner or authorized agent. Because the exchange has not yet occurred, RVCDC requests permission from the City to move forward with applications. Similarly, RVCDC would like to own the affordable housing parcel as soon as possible to facilitate financing. The approved timetable of development does not require transfer until July 2011, anticipating prior construction of all project infrastructure. The Covenant of Unified Control permits early transfer of the affordable housing parcel, with the express approval of the City Council. Such Council approval is in addition to and not in lieu of any necessary actions (land use or ministerial) to create the legal parcels involved. Accordingly, after the City - Verde land exchange is completed, RVCDC requests the Council authorize Verde Village to convey the parcel to RVCDC earlier than required in the Verde Village Development Agreement. All provisions of the Verde Village Development Agreement and associated land use actions remain in full force and effect. Related City Policies: Ordinance approving the Development Agreement for Verde Village 09-16-08 RVCDC application/ conveyance Page 1 CITY OF ASHLAND Council Options: (1) Authorize any necessary applications by RVCDC and approve early conveyance of the affordable housing parcel subject to any necessary actions to create legal parcels. (2) Deny the request of RVCDC. Potential Motions: Motion to approve staff recommendation. Attachments: Letter from RVCDC 09-16-08 RVCDC application / conveyance Page 2 11FAW, t Tel: 541.488.3194 545 A Street ~a KenCalrn Fax: 541.552.9512 Ashland, OR 97520 Landscape Architecture Cell: 541.601.5559 kerry@kencairnlandscape.com www. KenCairkandscape.com September 10, 2008 TO: Ashland City Council RE: REQUEST FOR AUTHORIZATION As the planner for, and a representative of the Rogue Valley Community Development Corporation (RVCDC), I am requesting that the Ashland City Council authorize RVCDC to submit final plan application for the affordable housing component of Verde Village. At this time, a portion of these lands are still owned by the City of Ashland and require a City Council signature is required for planning to accept an application. Kerry Ken Cairn CITY OF ASHLAND Council Communication A Resolution Supporting Regional Problem Solving (RPS) in the Greater Bear Creek Valley and the General Sequencing of the RPS Approval Process Meeting Date: 9.16.08 Primary Staff Contact: Bill Molnar Department: Community Devel ment E-Mail: bill(cDashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: Consent Question: Should the Council approve a resolution supporting Regional Problem Solving (RPS) in the Greater Bear Creek Valley as well as the general sequencing of the RPS approval process? Staff Recommendation: The Land Conservation and Development Commission (LCDC) will be reviewing the draft Regional Plan and Participants' Agreement at their October 2008 meeting. The region will be asking the Commission to provide feedback with respect to identifying any remaining fatal flaws, as well as a general evaluation of the draft Plan and Participants' Agreement for consistency with the RPS Statute. Staff recommends that the Council adopt the resolution in order to convey Ashland's support for regional planning, including the general sequence of steps proposed for the RPS approval process. Background: In 1999, the members of a Multi jurisdictional Committee, representing several jurisdictions in the valley, authorized the Rogue Valley Council of Governments to prepare an application for the present Regional Problem Solving grant, which was initially awarded in April 2000. Collaborative regional problem solving establishes a process through which local governments may seek to solve regional problems through a cooperative process. As part of this process, existing land use issues are examined in relation to the regional problems of the area. The program acknowledges that regions throughout the state differ from one another in key characteristics that may cause the state's land use regulations to have unintended results. Ashland's Initial Position in RIPS - December 2003 In December of 2003, after a series of five public study sessions with the Planning Commission, Housing Commission and City Council, the Council determined that it would not propose new growth areas. Instead, the City decided to address future growth through the promotion of more efficient land use strategies on existing lands within its Urban Growth Boundary (UBG). Ashland's Comments on Draft Plan - November 15, 2007 The Council had a special meeting in October 2007 devoted to a discussion on the draft Regional Problem Solving Plan. A letter (see attachment) was sent from Mayor Morrison to the Regional Problem Solving Policy Committee, dated November 15, 2007, that described several areas where Page I of 2 091608 RPS Resolution.Mdoc ~r, CITY OF ASHLAND Ashland would like to see the draft Plan change prior to final adoption or enactment of a participant's agreement. Elements of the draft Plan that were of particular interest to Ashland included: Efficient Use of Existing Lands, Transportation Planning and Implementation, Loss of High Value Agricultural Lands. The Regional Problem Solving response to issues raised in Ashland's letter is attached, while a complete list of responses is available at the website. Regional Problem Solving (RPS) Update - August 4, 2008 Council Study Session At the August study session, the Council was provided with a general overview of the Participant's Agreement and its key components. John Renz, DLCD's Southern Oregon Representative and Michael Cavallaro, Executive Director at RVCOG were in attendance to provide background about the project and answer questions. City Attorney Richard Appicello clarified that signing the Participants' Agreement is not adopting the regional plan, rather only agreeing to run it through the appropriate Land Use process. Additionally, the adoption of the Participants' Agreement is a land use decision and would be subject to public hearings before the Planning Commission and Council prior to making a decision on whether to sign the agreement or not. Staff explained that the next step would be for the Council to approve a resolution that would indicate the City's support for regional problem solving and commit to sending the Participants' Agreement through the local land use process. Related City Policies: Ashland Comprehensive Plan policies related to the recognition of the need for regional collaboration with respect land use planning issues Council Options: Council may accept this general statement of support for the Regional Problem Solving process as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: I make a motion to approve the attached resolution supporting Regional Problem Solving (RPS) in the Greater Bear Creek Valley as well as the general sequencing of the RPS approval process. Attachments: • RPS Resolution • Greater Bear Creek Valley Regional Problem Solving Agreement (latest draft 8.28.08) • Regional Problem Solving (RPS) Approval Process Strategy • Key Commitments Document Page 2 of 2 091608 RPS Resolution.Mdoc RESOLUTION NO. 2008- A RESOLUTION SUPPORTING REGIONAL PROBLEM SOLVING (RPS) IN THE GREATER BEAR CREEK VALLEY AS WELL AS THE GENERAL SEQUENCING OF THE RPS APPROVAL PROCESS Recitals: A. Regional Problem Solving was created under Oregon Revised Statutes to provide for a planning process directed toward resolution of land use problems in a region, which includes the opportunity for participation with appropriate state agencies and all affected local governments; and B. In 2000, the region was awarded a grant under Regional Problem Solving on the strength that the jurisdictions of the greater Bear Creek Valley had shown an ability to cooperate amongst themselves on issues of regional importance, the region had shown significant progress with several early efforts of regional planning; and the problems identified for resolution through RPS were important and compelling; and C. With the establishment of the Regional Problem Solving process, a draft Plan was developed under the premise of addressing the following three primary goals: Manage future regional growth for the greater public good; conserve resource and open space lands for their important economic, cultural and livability benefits; and recognize and emphasize the individual identity, unique features and relative competitive advantages and disadvantages of each community within the region. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Mayor and City Council do hereby support the efforts of the numerous individuals that have taken part and dedicated many hours of time over the last eight years toward the Regional Problem Solving effort, as well as lends their support behind the general process and proposed sequence of steps that may ultimately lead to adoption of the Participant's Agreement and a Greater Bear Creek Valley Regional Plan. SECTION 2. This resolution was duly PASSED and ADOPTED this day of , 2008, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney I GREATER BEAR CREEK VALLEY 2 REGIONAL PROBLEM SOLVING AGREEMENT 3 version 08/28/08 4 (incorporating 5/13/08 County changes; 5/20/08 Cities changes; 5 5/28/08 additional County changes; 6/06/08 Attorney changes, 6 6/16/08 Policy Committee changes, 6/25/08 TAC changes, 7/01/08 7 Policy Committee changes, 8/5/08 Policy Committee changes, 8 8/19/08 Policy Committee changes; 8/28/08 MPO changes) 9 10 This REGIONAL PROBLEM SOLVING AGREEMENT (the "Agreement") is 11 entered into this of , 2008 by and between Jackson County, the duly 12 incorporated Oregon municipalities of Medford, Phoenix, Central Point, Jacksonville, 13 Talent, Eagle Point, Ashland, the Department of Land Conservation and Development 14 ("DLCD"), the Oregon Department of Transportation ("ODOT"), the Oregon Department 15 of Housing and Community Services ("ODHCS"), the Oregon Economic and 16 Community Development Department ("OECDD"), the Oregon Department of 17 Environmental Quality (DEQ), the Oregon Department of Agriculture ("ODA"), the 18 Metropolitan Planning Organization (MPO), and Rogue Valley Sewer Services (RVS). 19 20 RECITALS 21 WHEREAS Jackson County and the cities of Phoenix, Medford, Central Point, Eagle 22 Point, Jacksonville, Ashland, and Talent (each a "Local Jurisdiction" and collectively, the 23 "Region") are part of the Greater Bear Creek Valley, described more particularly in the 24 draft collaborative regional plan (the "Plan"), attached hereto as Exhibit A, and 25 incorporated by this reference, that expects to see a doubling of the population over the 26 long term future; and 27 WHEREAS the increasing population in the Region will create an ongoing 28 demand for additional lands available for urban levels of development; and 29 WHEREAS that demand for urbanizable land will have to be balanced with the 30 Region's need to maintain its high quality farm and forest lands, as well as to protect its 31 natural environment; and 32 WHEREAS the Local Jurisdictions recognize that long-term planning for which 33 lands in the Region are most appropriate for inclusion in each municipality's urban 34 reserve areas ("URAs") in light of the Region's social, economic, and environmental 35 needs is best determined on a regional basis; and 36 WHEREAS a Plan is the RPS Policy Committee's recommended means of 37 elaborating the regional solutions to the identified regional problems; and 38 WHEREAS the State's Regional Problem Solving ("RPS") statute provides a 39 special process for addressing regional land use issues that allows the Local Jurisdictions, 40 upon the satisfaction of certain conditions, to implement regional strategies through the 41 adoption of post-acknowledgement comprehensive plan amendments that do not fully 42 comply with the regulations (the "Regulations") adopted by the Land Conservation and 43 Development Commission ("LCDC") to implement the Statewide Planning Goals (the 44 "Goals"); and 45 WHEREAS one of the conditions the Local Jurisdictions must satisfy in order to 46 deviate from the Regulations is that all the participants in the RPS process enter into an Discussion Draft RPS IGA 1 08/28/2008 I agreement that: identifies the problem faced by the Region; the goals that will address the 2 problem; the mechanisms for achieving those goals; and the system for monitoring the 3 implementation and effectiveness of those goals; and 4 WHEREAS various entities were identified as potential stakeholders within the 5 regional planning process, and invitations were extended to every incorporated 6 jurisdiction (Jackson County, Eagle Point, Medford, Jacksonville, Central Point, Phoenix, 7 Talent, and Ashland), school district (Ashland School District 45, Central Point School 8 District #6, Jackson County School District #9, Medford School District 549C, and 9 Phoenix-Talent School District #4), and irrigation district (Eagle Point, Medford, Rogue 10 River, and Talent Irrigation Districts) in the Region, plus the Medford Water Commission, 11 the Metropolitan Planning Organization, Rogue River Valley Sewer Services, Rogue 12 Valley Transportation District, and the appropriate state agencies (DLCD, ODOT, ODA, 13 ODHCS, OECDD, and DEQ); and 14 WHEREAS the stakeholders mentioned above chose to exercise different levels 15 of participation and responsibility within the planning process, the "participants" (as the 16 term is employed in ORS 197.656(2)(b)), are those jurisdictions and agencies that elect, 17 by signing this Agreement, to implement the regional solutions to the regional problems 18 identified hereinafter; and 19 WHEREAS this Agreement constitutes compliance with ORS 197.656. 20 NOW THEREFORE, the parties to this Agreement agree to commit to 21 comprehensive plan amendment processes based on the attached draft Plan (Exhibit A). 22 With this agreement, participants acknowledge that, notwithstanding the fact that the 23 draft Plan is the result of eight years of collaborative and jurisdiction-specific planning, it 24 may become necessary to make adjustments to the draft Plan as a result of the 25 comprehensive plan amendment process. 26 27 AGREEMENT 28 I. Recitals . 29 The recitals set forth above are true and correct and are incorporated herein by 30 this reference. 31 32 II. General Agreement 33 Signatories to this Agreement agree to abide by a Plan developed under 34 Regional Problem Solving, as adopted by participating jurisdictions into their 35 comprehensive plans, and acknowledged by the State of Oregon. Signatories 36 agree to maintain internal consistency with the adopted Plan on an ongoing 37 basis, and when necessary and appropriate, either to amend their comprehensive 38 plans and related policies, codes, and regulations to be consistent with the 39 adopted Plan, or to pursue amendments to the adopted Plan. The adopted Plan 40 shall be what is adopted as a result of Jackson County's comprehensive plan 41 amendment process. 42 43 III. Statement of Problems to Be Addressed [ORS 197.6561 44 The parties to the Greater Bear Creek Valley RPS process (the "Project") 45 identified three problems to be addressed by the Project: Discussion Draft RPS IGA 2 08/28/2008 1 2 PROBLEM # 1: Lack of a Mechanism for Coordinated Regional Growth 3 Planning 4 The Region will continue to be subjected in the future to growth pressures that 5 will require the active collaboration of jurisdictions within the Greater Bear 6 Creek Valley. A mechanism is needed that accomplishes this without infringing 7 on individual jurisdictional authority and/or autonomy. This Problem #1 shall be 8 referred to hereinafter as "Coordinated Growth Management." 9 10 PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban 11 Expansion 12 As our communities have expanded incrementally, there has been a tendency to 13 convert important farm and forest lands to urban uses while bypassing lands 14 with significantly less value as resource lands. This has been exacerbated by the 15 Region's special characteristics and historic settlement patterns, which can 16 cause some state regulations governing urban growth to have unintended 17 consequences, some of them contrary to the intent of Oregon's Statewide 18 Planning Goals. This Problem #2 shall be referred to hereinafter as the 19 "Preservation of Valuable Resource Lands." 20 21 PROBLEM # 3: Loss of Community Identity 22 Urban growth boundary expansions have contributed to a decreasing separation 23 between some of the communities in the Region, which jeopardizes important 24 aspects of these jurisdictions' sense of community and identity. This Problem 25 #3 shall be referred to hereinafter as the "Preservation of Community Identity." 26 27 IV. Project Goals [ORS 197.656(2)(A)l 28 The parties to this Agreement have adopted the following goals with respect to 29 the Problems: 30 31 GOAL #1: Manage future regional growth for the greater public good. 32 33 GOAL #2: Conserve resource and open space lands for their important 34 economic, cultural, and livability benefits. 35 36 GOAL #3: Recognize and emphasize the individual identity, unique 37 features, and relative comparative advantages and disadvantages of each 38 community within the Region. 39 40 V. Optional Techniques for Implementation [ORS 197.656(2)(B)] 41 (where "optional techniques for implementation" refers to strategies and 42 mechanisms to implement regional solutions that are in compliance with the 43 statewide goals and statutes, but which may not strictly adhere to Oregon 44 Administrative Rules). These optional techniques for implementation are those 45 identified as appropriate for implementation of the draft Plan. As stated in the 46 Recitals, it may become necessary to make adjustments to the draft Plan, and Discussion Draft RPS IGA 3 08/28/2008 I potentially these optional techniques for implementation, as a result of the 2 public comprehensive plan amendment process. 3 A. PROBLEM #1: Lack of a Mechanism for Coordinated Regional Growth 4 Planning 5 GOAL #1: Manage Future Regional Growth for the Greater Public Good 6 Optional Implementation Techniques 7 (1) Coordinated Periodic Review 8 Signatory jurisdictions may engage in a coordinated schedule of regular 9 Periodic Reviews following the adoption of the Plan. This regionally 10 coordinated Periodic Review will begin in 2012, will take place every 10 years, I 1 and will coincide with the ten-year regular review of the Plan. This coordinated 12 Periodic Review will provide an opportunity to take advantage of an economy 13 of scale in generating technical information, and to incorporate a regional 14 perspective in the Periodic Review process, but it does not mandate a 15 simultaneous or linked process among jurisdictions. 16 (2) Ten-year RPS Review 17 Signatory jurisdictions will abide by the review process described in Section VI 18 of this Agreement. The review process complies with the monitoring 19 requirement in the RPS statute, and affords participating jurisdictions flexibility 20 in responding to changing regional and local circumstances by establishing a 21 process and venue for amending the adopted Plan. 22 (3) Coordinated Population Allocation 23 Jackson County's allocation of future population growth, a state-mandated 24 responsibility of the County, will reflect the proportional allocation of future 25 population within the adopted Plan and its future amendments consistent with 26 statute. 27 (4) Greater Coordination with the MPO 28 As a proven mechanism of regional collaborative planning in the Region, the 29 MPO, as the federally designated transportation planning entity, will plan and 30 coordinate the regionally significant transportation strategies critical to the 31 success of the adopted Plan. Of special focus will be the development of 32 mechanisms to preserve rights-of-way for major transportation infrastructure, 33 and a means of creating supplemental funding for regionally significant 34 transportation projects. 35 36 B. PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban 37 Expansion 38 GOAL #2: Conserve resource and open space lands for their important 39 economic, cultural, and livability benefits. 40 Optional Implementation Techniques 41 (1) Long Range Urban Reserves 42 The establishment of Urban Reserves sufficient to serve a doubling of the 43 Region's urban population will incorporate and allow long-tern production 44 decisions to be made on agricultural land not included in urban reserves. 45 (2) Regional Agricultural Buffering Standards Discussion Draft RPS IGA 4 08/28/2008 I Signatory jurisdictions will apply the adopted Plan's set of agricultural 2 buffering standards as a means of mitigating negative impacts arising from the 3 rural/urban interface. 4 (3) Critical Open Space Area (COSA) Preservation 5 The COSA strategies outlined in Appendix IX of the draft Plan are available as 6 an option to jurisdictions interested in further accentuating or more permanently 7 preserving areas of separation between communities (community buffers). 8 These COSA strategies are not mandatory for any jurisdiction, and may be 9 refined or expanded as individual jurisdictions see fit. 10 11 C. PROBLEM # 3: Loss of Community Identity 12 GOAL #3: Recognize and emphasize the individual identity, unique 13 features, and relative comparative advantages and disadvantages of each 14 community within the Region. 15 Optional Implementation Techniques 16 (1) Community Buffers 17 The establishment of Urban Reserves outside of recommended areas of critical 18 open space provides for a basic level of preservation for the Region's important 19 areas of community separation. 20 (2) Allocating to Comparative Advantages 21 The Region agrees to a distribution of the calculated need of residential and 22 employment lands necessary to support a regional doubling of the population. 23 This distribution, which depends on a number of factors that relate to the 24 comparative strengths and weaknesses of each of the cities, will allow each 25 community to develop its own balance of viability and individuality within the 26 larger regional matrix. 27 (3) Critical Open Space Area (COSA) Preservation 28 The COSA strategies outlined in Appendix IX of the draft Plan are available as 29 an option to jurisdictions interested in further accentuating or more permanently 30 preserving areas of separation between communities (community buffers). 31 These COSA strategies are not mandatory for any jurisdiction, and may be 32 refined or expanded as individual jurisdictions see fit. 33 34 VI. Measurable Performance Indicators [ORS 197.656(2)(C)] 35 These measurable performance indicators are those identified as appropriate for 36 monitoring purposes of the draft Plan. As stated in prior sections, it may 37 become necessary to make adjustments to the draft Plan, and potentially these 38 measurable performance indicators, as a result of the comprehensive plan 39 amendment process. 40 The following are measurable performance indicators: 41 .1) On a regular basis, every 10 years starting in 2012, the Region's 42 jurisdictions may participate in a process of coordinated periodic review. 43 44 2) On a regular basis, every 10 years starting in 2012, all Signatories to this 45 Agreement will participate in the regular RPS review process. Jackson County 46 shall initiate the RPS review process by providing notice of the RPS review to Discussion Draft RPS IGA 5 08/28/2008 I each Signatory to this Agreement and requiring that each Signatory submit a 2 self-evaluation monitoring report addressing compliance with the performance 3 indicators set out in this Section to the County within 60 days after the date of 4 the notice. Jackson County will distribute these monitoring reports to all 5 Signatories. 6 7 3) Participating cities will incorporate the portions of the RPS Plan that are 8 applicable to each individual city into that city's comprehensive plan and 9 implementing ordinances, and will reference the Plan as an adopted element of 10 Jackson County's comprehensive plan. To incorporate applicable portions of the 11 RPS Plan into their comprehensive plans and implementing ordinances, cities 12 will adopt at least the following: 13 a) urban reserve areas; 14 b) target residential densities (for the urban reserve areas); 15 c) agricultural buffering standards (for the urban reserve areas); 16 d) implementing ordinances (for the urban reserve areas). 17 18 4) Signatory jurisdictions will comply with the general conditions as listed in 19 Section X of this Agreement, and, as appropriate, the specific conditions of 20 approval for selected urban reserves, as described in the adopted Plan. 21 22 5) Signatory jurisdictions serving or projected to serve a designated urban 23 reserve will adopt an Urban Reserve Management Agreement (URMA). 24 25 6) Urban reserves identified in the adopted Plan are the first priority lands used 26 for UGB expansions by participating cities. 27 28 7) Cities, when applying urban designations and zones to urban reserve land 29 included in UGB expansions, will, on average over a 20-year planning 30 horizon, achieve at least the "higher land need" residential densities as 31 described in the adopted RPS Plan. The density offset strategy outlined in the 32 Plan is an acceptable mechanism to assist in meeting density targets. 33 34 8) Cities, when applying urban designations and zones to urban reserve land 35 included in a UGB expansion, will be guided by the general distribution of land 36 uses proposed in the adopted RPS Plan, especially where a specific set of land 37 uses were part of a compelling urban-based rationale for designating RLRC land 38 as part of a city's set of urban reserves. 39 40 9) Conceptual plans for urban reserves will be developed in sufficient detail to 41 allow the Region to determine the sizing and location of regionally significant 42 transportation infrastructure. This information should be determined early 43 enough in the planning and development cycle that the identified regionally 44 significant transportation corridors can be protected as cost-effectively as 45 possible by available strategies and funding. Conceptual plans for an urban 46 reserve in the RPS Plan are not required to be completed at the time of adoption Discussion Draft RPS IGA 6 08/28/2008 1 of a comprehensive plan amendment incorporating urban reserves into a city or 2 county comprehensive plan. 3 4 10) The county's population element is updated per statute to be consistent with 5 the gradual implementation of the adopted Plan. 6 7 VII. Incentives and Disincentives to Achieving Goals [ORS 8 197.656(2)(D)i 9 These incentives and disincentives are those identified as appropriate to the 10 draft Plan. As stated in prior sections, it may become necessary to make 11 adjustments to the draft Plan, and potentially these incentives and disincentives, 12 as a result of the comprehensive plan amendment process. 13 Incentives 14 1) Continued regional cooperation through the 10-year review process and 15 coordinated periodic review may improve the Region's ability to respond to 16 challenges and opportunities more effectively than it does presently. 17 2) Adherence to the adopted Plan may provide the Region with a competitive 18 advantage, increase the attractiveness of the Region to long-term investment, 19 and improve southern Oregon's profile in the state. 20 3) Adherence to the Plan may produce significant reductions in . 21 transportation infrastructure costs by minimizing future right-of-way acquisition 22 costs and by improving the overall long-range coordination of transportation 23 and land use planning. 24 4) Adherence to the Plan will provide participating jurisdictions with 25 population allocations that are predictable, transparent, and based on the relative 26 strengths of the different participating jurisdictions. 27 5) The adopted Plan will offer compelling regional justifications and state 28 agency support for Tolo and the South Valley Employment Center that may not 29 have been available to an individual city proposal. 30 6) Adherence to the Plan will permit jurisdictions to implement the flexibility 31 provided by the concept of the "Regional Community", in which cities, in the 32 role of "regional neighborhoods", enjoy a wide latitude in their particular mix, 33 concentration, and intensity of land uses, as long as the sum of the regional parts 34 contributes to a viable balance of land uses that is functional and attractive to 35 residents and employers and in compliance with statewide goals. 36 37 Disincentives 38 1) Cities that choose to expand their UGBs into land not designated as urban 39 reserve will be required to go through the RPS Plan minor or major amendment 40 process prior to or concurrent with any other process. 41 2) The Region's failure to adhere to the adopted Plan may damage its 42 competitive advantage, the attractiveness of the Region to long-term investment, 43 and southern Oregon's profile in the state. 44 3) 45 46 Discussion Draft RPS IGA 7 08/28/2008 I Adherence to the RPS plan may be a rating factor for MPO Transportation 2 Funding. Transportation projects of Jurisdictions not adhering to the adopted 3 Plan may be assigned a lower priority by the MPO when considered for funding. 4 4) Jackson County may reconsider the population allocations of jurisdictions 5 signatory to the Agreement not adhering to the adopted Plan. 6 5) Jurisdictions signatory to the Agreement not adhering to the adopted Plan 7 may face issues over failing to observe their comprehensive plans, or may find 8 it difficult to make modifications to their comprehensive plans that deviate from 9 the adopted Plan. 10 6) The Region's failure to adhere to the adopted Plan will compromise its 11 ability to implement the concept of the "Regional Community", and will not 12 provide the participating cities with as wide a latitude in their desired individual 13 mix, concentration, and intensity of land uses. 14 15 VIII. Progress Monitoring System & Amendment Process JORS 16 197.656(2)(E) and (F)] 17 This progress monitoring system and amendment process is that which is 18 identified as appropriate to the draft Plan. As stated in prior sections, it may 19 become necessary to make adjustments to the draft Plan, and potentially this 20 progress and monitoring system and amendment process, as a result of the 21 public comprehensive plan amendment process. 22 Monitoring 23 Monitoring to ensure compliance with the adopted Plan will be a shared 24 responsibility. Each signatory city will be responsible for monitoring its 25 adherence to the portion of the adopted Plan that is incorporated into its 26 comprehensive plan. Jackson County, which will have the full adopted Plan 27 incorporated into its comprehensive plan, will be responsible for overall 28 monitoring. 29 Adherence to the RPS Plan 30 The RPS Plan is directly applicable to comprehensive plan amendments, land 31 use regulation amendments, and the adoption of new land use regulations that 32 affect land in urban reserve areas and/or URA designation changes. The RPS 33 Plan shall not be directly applicable to other land use decisions by signatory 34 jurisdictions. Adherence to relevant RPS Plan provisions adopted by a 35 signatory jurisdiction as part of its comprehensive plan or implementing 36 ordinances will be addressed by the existing state and local mechanisms for 37 ensuring jurisdictional compliance with acknowledged comprehensive plans and 38 implementing ordinances. 39 RPS Plan Amendments 40 Processing amendments to the adopted Plan will be the responsibility of Jackson 41 County, and can only be proposed by the governing authority of a signatory 42 jurisdiction. In acknowledgement of the collaborative process by which the 43 adopted Plan was created, Jackson County will have available the assistance of 44 the signatory entities to this Agreement through a Technical Advisory Discussion Draft RPS IGA 8 08/28/2008 I Committee and Policy Committee. Both committees serve on an as-needed 2 basis, and both serve in an advisory capacity to Jackson County. 3 (a) Technical Advisory Committee 4 The TAC will comprise planners and senior-level staff from signatory 5 jurisdictions and agencies, and each signatory will have one vote, irrespective of 6 the number of participating representatives. Recommendations to the Policy 7 Committee or directly to Jackson County will be made by at least a 8 supermajority vote (simple majority plus one) of attending signatory 9 jurisdictions and agencies. 10 (b) Policy Committee I 1 The Policy Committee will comprise elected officials or executive staff 12 from signatory jurisdictions and agencies. Each signatory jurisdiction will 13 designate a voting and alternate voting member, and each signatory jurisdiction 14 will have one vote. Recommendations to Jackson County will be made by at 15 least a supermajority vote (simple majority plus one) of attending jurisdictions. 16 State agencies, the MPO, and Rogue Valley Sewer Services, while Signatories, 17 will not be voting members of the Policy Committee. 18 When an amendment to the adopted RPS Plan is proposed, Jackson County will 19 make a preliminary determination regarding whether the proposed amendment 20 is a Minor Amendment or Major Amendment, as defined below, and will notify 21 Signatories of the County's preliminary determination. Based on its preliminary 22 determination, Jackson County will review the proposed amendment according 23 to the procedures for Minor Amendments or Major Amendments set out below. 24 Proposed amendments to the adopted Plan will adhere to the following 25 provisions: 26 1) Minor Amendment 27 A minor amendment is defined as any request for an amendment to the adopted 28 Plan that: 29 a) does not conflict with the general conditions listed in Section X of 30 this Agreement or specific conditions of approval described in the 31 adopted RPS Plan; and 32 b) does not propose an addition of more than 50 acres to a city's 33 urban reserves established for a city in the adopted RPS Plan or more 34 than a 50-acre expansion of the UGB into non-urban reserve rural land. 35 In the case of Ashland, which did not establish urban reserves during the 36 development of the Plan process, a proposal to establish an urban reserve or 37 expand its UGB of not more than 50 acres will be considered a minor 38 amendment. 39 Should a city exceed its limit of 50 acres for adding to its urban reserves during 40 the term of the Agreement, it may not use the minor amendment process for 41 further alterations to its urban reserves. Should a city exceed its limit of 50 42 acres for expanding its UGB into non-urban reserve rural land during the Discussion Draft RPS IGA 9 08/28/2008 I planning horizon, it may not use the minor amendment process for further 2 expansions of its UGB into non-urban reserve land. 3 Any participant jurisdiction may initiate a minor amendment to the adopted 4 Plan. The proposing jurisdiction must clearly identify the nature of the minor 5 amendment, and specify whether the minor amendment would require any other 6 signatory jurisdiction to amend its comprehensive plan. Should any signatory 7 jurisdiction other than the proposing jurisdiction and Jackson County be 8 required to amend their comprehensive plans as a result of the proposed minor 9 amendment, the affected signatory jurisdiction will be a party to the minor 10 amendment proceeding. 11 Jackson County's process, and the proposing jurisdiction's process, for a minor 12 amendment to the Plan will be equivalent to the state and local required 13 processes for a comprehensive plan amendment. Noticing will be in 14 compliance with state statute. 15 Signatories and affected agencies shall be provided with notice of the County's 16 and proposing jurisdiction's final decision on each minor amendment request 17 within five working days of the adoption of the final decision. 18 2) Major Amendment 19 A major amendment is defined as any requested amendment to the adopted Plan 20 that does not meet the definition of a Minor Amendment. 21 (a) If multiple signatory jurisdictions are involved in a single request for a 22 major amendment, a lead jurisdiction will be selected by the affected 23 jurisdictions; 24 (b) notice containing a detailed description of the proposed change will be 25 forwarded by Jackson County to all signatory jurisdictions and agencies; 26 (c) staff from signatory jurisdictions and agencies will be noticed, and will 27 meet as a Technical Advisory Committee and generate a 28 recommendation to the Policy Committee by vote of at least a 29 supermajority of those present (simple majority plus one); 30 (d) decision-makers from signatory jurisdictions and agencies will be 31 noticed, and will meet as a Policy Committee and consider the proposal 32 and the Technical Advisory Committee recommendation. Attending 33 jurisdictions will constitute a quorum; and 34 (e) the Policy Committee will generate a recommendation to Jackson 35 County by vote of at least a supermajority of those present (simple 36 majority plus one). 37 38 Jackson County's process, and the proposing jurisdiction's process, for a major 39 amendment to the Plan will be equivalent to the state and local required process 40 for a comprehensive plan amendment in addition to the above provisions. 41 Noticing will be in compliance with state statute. 42 Signatories and affected agencies shall be provided with notice of the County's 43 final decision on each major amendment request within five working days of the 44 adoption of the final decision. Discussion Draft RPS IGA 10 08/28/2008 1 2 IX. Newly Incorporated City 3 Should White City or some other area of Jackson County within the area of the 4 adopted Plan incorporate while the adopted Plan is in effect, and should the 5 newly incorporated city desire to become a signatory to the Agreement, 6 increased population will be added to the regional target population adequate to 7 accommodate the projected population growth of the newly incorporated city 8 for the remainder of the adopted Plan's planning horizon. The addition of a 9 newly incorporated city to the adopted Plan, the establishment of urban reserves, 10 and other such actions shall be accomplished through the major amendment I1 process. 12 13 X. Conditions to Agreement 14 General Conditions 15 The Signatories agree that the Plan shall comply with the general conditions 16 listed below, which apply to all jurisdictions signatory to the plan. These 17 general conditions are those which have been identified as appropriate to the 18 draft Plan. As stated in prior sections, it may become necessary to make 19 adjustments to the draft Plan, and potentially these general conditions, as a 20 result of the public comprehensive plan amendment process. 21 1) Agricultural Buffering 22 Where appropriate, cities shall apply the agricultural buffering guidelines 23 developed through the Regional Problem Solving process. 24 2) Transportation 25 The Plan shall include policies to: 26 a. Identify a general network of locally owned regionally significant 27 north-south and east-west arterials and associated projects to provide 28 mobility throughout the Region. 29 b. Designate and protect corridors for locally-owned regionally 30 significant arterials and associated projects within the MPO to ensure 31 adequate transportation connectivity, multimodal use, and minimize right 32 of way costs. 33 c. Establish a means of providing supplemental transportation funding 34 to mitigate impacts arising from future growth. 35 These policies shall be implemented by ordinance upon the adoption of the 36 latest update of the Metropolitan Planning Organization's Regional 37 Transportation Plan and the local adoption of the RPS Plan through individual 38 city and county Comprehensive Plan amendments. Participating cities will 39 incorporate the portions of the RPS Plan relative to transportation that are 40 applicable to each individual city into that city's comprehensive plan and 41 implementing ordinances, and will reference the larger regional plan as an 42 adopted element of Jackson County's comprehensive plan. 43 Discussion Draft RPS IGA 11 08/28/2008 1 Conditions of Approval 2 Specific conditions of approval apply to selected urban reserve areas, and are 3 described in the adopted Plan. The signatory jurisdictions agree to abide by 4 these conditions. As stated in prior sections, it may become necessary to make 5 adjustments to the draft Plan, and potentially the conditions of approval, as a 6 result of the public comprehensive plan amendment process. 7 8 XI. Amendments to the Agreement 9 Amendments to the Agreement can be made at any time by consensus (all 10 parties in agreement) of the Signatories to the Agreement. 11 12 XII. Termination of Participation 13 A signatory jurisdiction may petition Jackson County for termination of its 14 participation in the Agreement. Jackson County will convene a meeting of the 15 Policy Committee to consider such a petition. A jurisdiction's petition may be 16 granted by a supermajority (simple majority plus one) of the Signatories to the 17 Agreement. A jurisdiction that has terminated its participation with the consent 18 of a supermajority of the Signatories to the Agreement shall not be considered 19 to have failed to adhere to the adopted Plan. 20 Should a jurisdiction terminate its participation in the Agreement without 21 approval of the supermajority of Signatories to the Agreement, it will be 22 considered to have failed to adhere to the adopted Plan, and may be subject to 23 the Disincentives in Section VII and applicable legal and legislative 24 repercussions. For remaining jurisdictions, the validity of this Agreement will 25 not be adversely impacted by a jurisdiction's termination of participation, by 26 supermajority decision or otherwise. 27 Under this section, "Signatories" refers to all Signatories to the Agreement 28 except the Land Conservation and Development Commission (LCDC). 29 30 XI1I. Termination of the Agreement 31 This agreement may be terminated when one or more of the following occur(s): 32 1) A supermajority (simple majority plus one) of Signatories agree that the 33 Agreement is terminated; 34 2) The doubled regional population is reached; 35 3) 50 years have passed since the Agreement was signed. 36 No signatory jurisdiction will be penalized under the conditions of this 37 Agreement due to a supermajority decision to terminate. 38 Linder this section, "Signatories" refers to all Signatories to the Agreement 39 except the Land Conservation and Development Commission (L.CDC). 40 41 XIV. Applicability 42 Signatories to this agreement agree that necessary amendments to their 43 comprehensive plans will occur as required by the Plan, and that the Plan is in 44 effect for each jurisdiction at the time that its and Jackson County's Discussion Draft RPS IGA 12 08/28/2008 1 implementing comprehensive plan amendments and land use regulations are 2 adopted and acknowledged. 3 4 Once the RPS plan is implemented by the appropriate comprehensive plan 5 amendments and land use regulations, a jurisdiction's failure to adhere to the 6 Plan as adopted or subsequently amended will expose that jurisdiction to the 7 usual legal and legislative repercussions from non-compliance with 8 acknowledged comprehensive plans. 9 10 Signatories acknowledge that statutory authority over land use regulation I 1 ultimately resides with the Oregon legislature. Additionally, signatories to this 12 agreement recognize that the provisions of the Plan may be determined in the 13 future to be in conflict with existing or yet to be adopted statutes. 14 15 Signatories to this agreement expressly recognize that land use regulations and 16 actions must otherwise comport with the statutes and other applicable 17 regulations of the State of Oregon other than those LCDC regulations for which 18 the adopted RPS Plan authorizes less than full compliance. 19 20 Therefore, Signatories agree that, when conflicts between statute and the Plan 21 arise, Oregon statute shall prevail. 22 23 XV. Severability 24 Any provision or part of the Agreement held to be void or unenforceable under 25 any Law or Regulation shall be deemed stricken and all remaining provisions 26 shall continue to be valid and binding upon the parties. The Agreement shall be 27 reformed to replace such stricken provision or part thereof with a valid and 28 enforceable provision that comes as close as possible to expressing the intention 29 of the stricken provision. 30 31 XVI. Entire Agreement 32 This Agreement contains the entire agreement, between the parties and 33 supersedes all prior negotiations, discussions obligations, and rights of the 34 parties regarding the subject matter of this agreement. There is no other written 35 or oral understanding between the parties. No modification, amendment or 36 alteration of this Agreement shall be valid unless it is in writing and signed by 37 the parties hereto. 38 39 XVII. Counterparts 40 This Agreement may be signed in counterpart by the parties, each of which shall 41 be deemed original, but all of which together shall constitute one and the same 42 instrument, binding on all parties hereto. 43 44 XVIII. Authority to Execute Agreement 45 Each person signing of behalf of a governmental entity hereby declares that he 46 or she, or it has the authority to sign on behalf of his or her or its respective Discussion Draft RPS IGA 13 08/28/2008 I entity and agrees to hold the other party or parties hereto harmless if he or she 2 or it does not have such authority. 3 Subsequent to the execution of the Agreement, "Signatories" refers to the 4 original signatories or their designated representatives. 5 6 7 8 Chairman, Mayor, City of Ashland 9 Jackson County Board of Commissioners 10 11 12 13 Mayor, City of Talent Mayor, City of Phoenix 14 15 16 17 Mayor, City of Medford Mayor, City of Jacksonville 18 19 20 21 22 Mayor, City of Central Point Mayor, City of Eagle Point 23 24 25 26 27 Director, Oregon Department of Land Director, Oregon Department of 28 Conservation and Development Transportation 29 30 31 32 33 Director, Oregon Department of Director, Oregon Economic and Community 34 Environmental Quality Development Department 35 36 37 38 39 Director, Oregon Department of Director, Oregon Housing and Community 40 Agriculture Development Department 41 42 43 44 45 Chair, Rogue Valley Metropolitan Chair, Rogue Valley Sewer Services 46 Planning Organization Discussion Draft RPS IGA 14 08/28/2008 1 2 3 4 Chair, Land Conservation and 5 Development Commission Discussion Draft RPS IGA 15 08/28/2008 RPS Approval Process Strategy July 7, 2008 BACKGROUND Technical representatives from Jackson County, DLCD, and the cities of Eagle Point, Central Point, Medford, Phoenix, Talent, and Ashland met on Friday, June 27`h to arrive at a recommendation to the Policy Committee on a process to take RPS to conclusion. After a wide- ranging discussion, one issue was identified that was considered a determining factor in the sequencing of the process to take local jurisdictions to the final acknowledgement of their individual comprehensive plan amendments - the apparently inescapable need for a signed Participants' Agreement (PA) by all participants before the county or any city could be granted acknowledgement of comprehensive plan amendments based on the RPS Regional Plan. Based on this understanding, two options were proposed to decision makers at the July 1st RPS Policy Committee meeting: No modification of the PA: Prior versions of the PA directly references the draft Regional Plan, by attachment, as a document to be adopted as part of the PA. As a result, jurisdictions would not be able to sign the PA until they had completed a major land use and comprehensive plan amendment process. Although not inefficient in itself, this process would obligate LCDC to suspend full acknowledgement of individual comprehensive plan amendments until every jurisdiction had fully completed their comprehensive plan amendments, including developing Urban Reserve Management Agreements (URMAs) and amending existing Urban Growth Management Agreements (UGMAs). With a modification of the PA: By modifying the PA to require the region to commit to a comprehensive plan amendment process based on (rather than incorporating) the draft Plan, the process of approving the PA in each jurisdiction becomes a minor land use action, which can then take place before work begins on comprehensive plan amendments. Upon the signing of this modified PA, and the subsequent acknowledgement of Jackson County's comprehensive plan amendment, cities would be free to proceed at their own pace with their comprehensive plan amendments, and would be able to take advantage of their urban reserves immediately upon LCDC acknowledgment. To accelerate acknowledgement of their comprehensive plan amendments, cities could proceed concurrently with the county, with or withoutjoint hearings. RECOMMENDATION By consensus vote, the RPS Policy Committee group chose the modified PA process. The general sequence of the approval process will be as follows: Step 1 The region presents the draft Regional Plan and PA to LCDC in October. The region asks for input as follows: 1) A fatal flaws analysis of the draft Regional Plan; 2) A determination of the PA's consistency with the RPS statute; 3) An "If and Then" statement of support from LCDC, which would stipulate in some fashion that LCDC anticipates acknowledging local comp plan amendments that are not materially different from the draft plan; and 4) Clear direction from LCDC of the preferred land use process for local approval of the Participants' Agreement. Step 2 Local participants and state agencies sign the PA (the RPS Policy Committee will facilitate the local process, and the Governor's ERT and the DLCD director will facilitate the state agency process). Step 3 LCDC signs the Participants' Agreement. Step 4 County and cities work concurrently on comprehensive plan amendments. County adopts first, and cities follow at their convenience. City comprehensive plan amendments must include Urban Reserve Management Agreements (URMAs) and newly amended Urban Growth Management Agreements (UGMAs). Summary of Key Commitments Resulting from the RPS Process 1) The Signing of the Participants' Agreement The signing of the Participants' Agreement (PA), required by the RPS statute, will allow LCDC to acknowledge comprehensive plan amendments based on the Regional Plan. Timing: Resolutions of support for the PA would be generated by participating jurisdictions before the October LCDC meeting. The PA would be signed, after conducting a hearing in each jurisdiction, in the period following the October LCDC meeting, but before Jackson County's comprehensive plan amendment is submitted to LCDC for acknowledgment. 2) Adoption of the Regional Plan Cities will adopt pertinent portions of the Regional Plan into their comprehensive plans, Jackson County will adopt the full Regional Plan. Timin : Comprehensive plan amendments would take place following the signing of the Participants' Agreement by all participating jurisdictions and agencies. Jackson County's comprehensive plan amendment must be completed before full acknowledgment by LCDC is possible for cities. 3) The Establishment of Urban Reserves for Eagle Point, Medford, Central Point, Jacksonville, Phoenix, and Talent Urban reserves, once acknowledged, become the 1" priority for future UGB expansions. Timing: Urban reserves are established, and available for UGB expansion, at the time of comprehensive plan amendment acknowledgment. 4) The Establishment of Urban Reserve Management Agreements (URMA) Each city with urban reserves must jointly draft an URMA with Jackson County. URMAs will establish the roles and responsibilities each entity will assume in an urban reserve area, as well as applicable regulations, until such time as it becomes part of a city's Urban Growth Boundary. Timing: Jointly drafted URMAs must be part of the city's comprehensive plan amendment package. 5) The Adoption of Minimum Densities for the Urban Reserve Areas Cities commit to achieving at least, on average, the minimum densities identified in the adopted regional plan upon the eventual urbanization of their urban reserves (a proposal has been made to permit somewhat lower densities in urban reserves should a city implement a corresponding increase in densities in the city core). Timin : Participating cities commit to planning for an increased level of residential density on the adopted regional plan upon signing the Participants' Agreement - the minimum required densities will be finalized upon the acknowledgment of the cities' comprehensive plan amendments. 6) Local Adoption of the Agricultural Buffering Standards Cities' adoption of the agricultural buffering standards developed by the Resource Lands Review Committee (RLRC) is a "General Condition" required by state agencies. The standards will apply only to the urban reserve areas, unless a city decides otherwise. They will be incorporated in each city's comprehensive plan and land development code. Timing: Participating cities commit to the eventual adoption of the agricultural buffering standards upon signing the Participants' Agreement, with adoption taking place through the comprehensive plan amendment process. 7) Coordinated Population Allocations Jackson County's future allocations of population growth will reflect the proportional allocation of population in the Regional Plan. Timin : Updates to Jackson County's population element will.be made as appropriate and as required by state statute. 8) Ten-year Review Process Participating jurisdictions will participate in a review of progress under the Regional Plan every ten years. Timing: Participating jurisdictions commit to the regular review of performance under the adopted Regional Plan upon signing the Participants' Agreement, with the first review scheduled for 2012 (this date may he too soon - we may have to move it out depending on when everything is completed). 9) Regional Plan Amendment Process Participating jurisdictions will have the ability to amend the adopted Regional Plan through the process described in the Participants' Agreement. A "minor amendment" requires minimal regional consultation, a "major amendment" requires consultation sufficient to generate a regional recommendation. Timing: Participating jurisdictions commit to regional consultation on future amendments of the adopted Regional Plan upon signing the Participants' Agreement. Amendments will take place as needed. 10) Conceptual Plans for Urban Reserves Participating jurisdictions will coordinate with the Metropolitan Planning Organization (MPO) to develop conceptual plans for urban reserve areas in sufficient detail to allow the Region to determine the sizing and location of regionally significant transportation infrastructure. Timin : Upon signing the PA, participating jurisdictions commit to creating conceptual plans early enough in the planning and development cycle that the identified regionally significant transportation corridors can be protected as cost-effectively as possible. The specific timing, scope, and breadth of the conceptual planning needed will depend on city and sub-regional circumstances, and will be further refined through the MPO. 11) Specific Transportation Policies Transportation policies addressing the following constitute a general condition required by the state agencies: a) The region shall identify a general network of locally owned regionally significant north-south and east-west arterials and associated projects to provide mobility throughout the region; b) The region shall designate and protect corridors for locally-owned regionally significant arterials and associated projects within the MPO to ensure adequate transportation connectivity, multimodal use, and minimize right of way costs; and c) The region shall establish a means of providing supplemental transportation funding to mitigate impacts arising from future growth. Timin : These policies shall be implemented by ordinance upon the adoption of the latest update of the Metropolitan Planning Organization's Regional Transportation Plan and the local adoption of the appropriate portions of the RPS Plan relative to transportation into a city's comprehensive plan and implementing ordinances. 12) Specific Conditions of Approval Six of the 39 proposed urban reserves were approved by the state agencies and Policy Committee with specific conditions attached to them as a requirement for gaining urban reserve status. These are EP-1A, MD-6, CP-113, CP-4D, TA-1, and TA-4. Timing: The affected cities commit to complying with the conditions of approval by including the impacted urban reserves in their urban reserve proposals and in their comprehensive plan amendments. General Sequencing of the Approval Process Step 1 The region presents the draft Regional Plan and PA to LCDC in mid-October. The region asks for input as follows: 1) A fatal flaws analysis of the draft Regional Plan; 2) A determination of the PA's consistency with the RPS statute; 3) An "If and Then" statement of support from LCDC, which would stipulate in some fashion that LCDC anticipates acknowledging local comp plan amendments that are not materially different from the draft plan; and 4) Clear direction from LCDC of the preferred land use process for local approval of the Participants' Agreement. Step 2 Local participants and state agencies sign the PA (the RPS Policy Committee will facilitate the local process, and the Governor's ERT and the DLCD director will facilitate the state agency process). Step 3 LCDC signs the Participants' Agreement. Step 4 County and cities work concurrently on comprehensive plan amendments. County adopts first, and cities follow at their convenience. City comprehensive plan amendments must include Urban Reserve Management Agreements (URMAs) and newly amended Urban Growth Management Agreements (UGMAs). CITY OF ASHLAND Council Communication Americorps contract Meeting Date: September 16, 2008 Primary Staff Contact: Don Robertson, Director Department: Parks and Recreation E-Mail: robertsd@ashland.or.us Secondary Dept.: Legal Secondary Contact: appicelr@ashland.or.us Approval: City CounciEstimated Time: Consent Agenda Question: Does Council wish to approve a contract allowing an Americorps worker to hold an 11-month position at the North Mountain Park Nature Center to assist with a number of different functions at the center? Staff Recommendation: Staff recommends approval. Background: Americorps is a federally administered program that provides young adults with the opportunity to perform service to their communities, gain job experience, and earn an educational stipend. Americorps provides sponsoring agencies with the opportunity to work with dedicated young people to assist in the delivery of its services. Ashland Parks and Recreation has utilized Americorps workers for the past six years at the North Mountain Park Nature Center. Typical duties for the Americorps person include leading outdoor recreation programs and classes, assisting with floodplain restorations, developing education materials, and recruiting and training volunteers. The hourly commitment for workers is 1700 hours per 11 months (September 15, 2008 - August 18, 2009). Related City Policies: None Council Options: • Do not approve contract at this time • Reject contract • Approve contract Potential Motions: Move to approve the contract allowing Americorps participation at the North Mountain Park Nature Center of Ashland Parks and Recreation. Attachments: Americorps Position Description - 2008/2009 Page I of I Council Communication - DRAFT - 9/16/08 - Americorps Ir, North Mountain "'ark ature Center • N0KTHWE5T5IIKVICE ACADEMY AmeriCorps Position Description - 2008/2009 Position Title: Service Learning Coordinator Project Sponsor: North Mountain Park Nature Center, Ashland Parks and Recreation Dept. www.northmountainpark.org NWSA Mission: This position is in partnership with the Northwest Service Academy (NWSA), an AmeriCorps program of ESD112. NWSA's mission is: To preserve and restore the natural environment, and to develop community leaders through service and community partnerships. www.nwserviceacademV.org Project Location: 620 N Mountain Ave, Ashland, OR 97520 Position Summary: Coordinate and lead service-learning and floodplain restoration activities with students and volunteers at North Mountain Park and other park locations and school sites in Ashland. Stewardship activities will include the control of invasive plants, planting and maintenance of a variety of native plants, and monitoring of plant growth, stream health, and wildlife activity (1 st priority-40%). Help develop and facilitate outdoor and classroom environmental education activities for K-12 students (2nd priority-30%). The member will also assist with preschool programs that teach children about local natural and cultural resources. (10%) General Responsibilities (to include, but not limited to): • Help to deliver a variety of programs related to established outdoor education activities with students in grades K-12. • Assist with the recruitment and training of volunteers in the areas of education and restoration. • Coordinate and lead a variety of service learning and floodplain restoration activities with students and volunteers at NMP and other park locations. • Assist Parks staff with a variety of floodplain restoration efforts at NMP including the control of invasive plants, the planting and maintenance of a variety of native trees, shrubs, and grasses, and the monitoring of plant growth, stream health and wildlife activity. • Assist with the development and dissemination of information related to a variety of sustainability topics such as composting, naturescaping and recycling. • Complete and submit all necessary NWSA/AmeriCorps paperwork and reports in a timely manner. • Attend and complete all NWSA/AmeriCorps training and service requirements including orientation, trainings, team meetings and national service days. • Wear an NWSA uniform and/or appropriate identifiers and required safety gear while performing service or attending official events. Position Requirements: • A self-motivated, outgoing individual who enjoys working with people of all ages. • A willingness and physical ability to work outdoors in a variety of capacities. • Strong organizational and interpersonal communication skills (both writing and speaking before an audience) • Willingness to work a flexible schedule including some weekends. • 18 years of age or older at beginning of service term. • U.S. citizen, national or lawful permanent resident. • Possession of a high school diploma or equivalent; or commit to earning one prior to receiving an education award. • Ability to commit to the full term of service for which they are applying. • Must successfully pass a fingerprint criminal history background check provided through NWSA and/or Project Sponsor Agency. • Regular and reliable attendance. • Have not previously served two terms in an AmeriCorps*State or National program. Members may serve up to three terms in a National Service Program, but only two terms may be within an AmeriCorps*State or National program. Members are only eligible for an education award for their first two terms of service, regardless of the type of term (full or part-time) and regardless of the successful completion of that term. Preferred Qualifications: • Education or experience in natural resources. • Interest in and knowledge of watershed health and restoration. • Experience in leading educational programs. Member Benefits Include: • A taxable, monthly living allowance (before taxes, approximately $1036). • Upon successful completion of a term of service, eligible members/leaders receive an education award of $4,725. The education award can be used to repay qualified student loans or for further education in an accredited institution of higher learning, vocational or trade schools. The education award is taxed in the year that it is used. • Loan forbearance (after successful completion of a term of service, AmeriCorps will pay the accrued interest on qualified loans, which is taxable). • Basic medical insurance (covers members only, not dependents; vision and dental not included). • Child care allowance for those who qualify. • Professional development, trainings and networking opportunities. Transportation Information: Location is walking/biking distance from Ashland. Application Deadline: On-going until filled. NWSA Center: Lower Columbia Center Interviews: No set schedule. Open until filled. Type of Position: Individual Placement Service Dates: September 15, 2008 - August 18, 2009 Length of Term: 1700 hours (11 months) How to apply: Step 1 - Email your resume and cover letter to the Project Sponsor for this position - Linda Chesney, chesneyl(a)ashland.or.us. Please include the names & contact information for three references. The Project Sponsor will conduct all initial interviews and recommend a candidate for this position. All recommended candidates will also interview with Northwest Service Academy. Step 2 - Complete an application online at the AmeriCorps website httl)s://my.americorps.gov/mp/login.do 1. If you do not already have a username and password, you must create a profile by clicking "Apply to Serve." 2. Once you have logged in, create an application by clicking "Applications" under the "My AmeriCorps" menu. 3. To apply to this specific position, click "Search Listings" under the "My AmeriCorps" menu and search for program name Northwest Service Academy. 4. Select the position listing and click "Apply Now" at the bottom of the page. Questions about the position? Contact: Linda Chesney, chesneyl(o)ashland.or.us (541) 488-6606 General questions about AmeriCorps, NWSA or our recruitment process? Contact: Susan Navrotsky Statewide Individual Placement Program Coordinator NWSA Lower Columbia Center 55 SE Main Street Portland OR 97214 503-234-2383 ext 106 503-232-0166 fax susan.navrotskv(a)esd 112.orq AN EQUAL OPPORTUNITY EMPLOYER CITY OF ASHLAND Council Communication Approval of a Special Procurement for Electrical Engineering Services Meeting Date: September 16, 2008 Primary Staff Contact: Dick Wanderscheid Department: Electric E-Mail: wandersd(oDashland.or.us Secondary Dept.: None Secondary Contact: Scott Johnson Approval: Martha Berm Estimated Time: Consent Statement: Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for electrical engineering services? The intended contract is contract-specific and shall be awarded to CVO Electrical Systems for a period of three fiscal years beginning July 1, 2008 and expiring on June 30, 2011. Staff Recommendation: Staff recommends that the Special Procurement for electrical engineering services be approved for a period of three (3) years. Background: A Special Procurement is basically a contracting procedure that differs from the procedures required for an Invitation to Bid or Request for Proposal. The proposed procedure being recommended is direct award per the attached Request for a Special Procurement and written findings. CVO Electrical Systems has extensively studied the City's electrical system and has rendered a substantial amount of engineering services thus far and this contract is a continuation of existing projects. Therefore, staff is in agreement that it is in the City's best interest to continue working with the same engineering firm to complete the existing projects. The estimated cost for these services will be $35,000 to $55,000 per fiscal year for a total of $165,000.00. Related City Policies: Section 2.50.085 Special Procurements/Alternative Contracting Methods for Public Improvements. The Council may approve of special procurement or alternative contracting for public improvement methods pursuant to this Section. A. Special Procurements for Goods and Services: (1) To seek approval of a special procurement, the Public Contracting Officer, his or her designee, or the contracting Department shall submit a written request to the Council that describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in this subsection. Page 1 of 2 CITY OF ASHLAND (2) The Council may approve a special procurement if it finds that a written request submitted under this subsection demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Public Contracting Officer, his or her designee, contracting Department or Council, will: (a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) Result in substantial cost savings to the City or to the public; or (c) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 27913.055, 27913.060, 27913.065 or 27913.070 or under any rules adopted thereunder. (3) Public notice of the approval process for a proposed special procurement must be given in the same manner as provided in ORS 27913.055 (4)(b). (4) If a contract is awarded through a special procurement, the City shall award the contract to the offeror whose offer the department determines in writing to be the most advantageous to the contracting agency. (5) When the Council approves a class special procurement, as defined in ORS 279B.085, under this section, the City may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the Council' s approval without making a subsequent request for a special procurement. Council Options: The Council, acting as the Local Contract Review Board, can approve the Special Procurement or decline to approve the Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the request for a Special Procurement. Attachments: Request for a Special Procurement Written Findings CVO Billing Rates t Page 2 of 2 CITY OF ASHLAND REQUEST FOR APPROVAL SPECIAL PROCUREMENT To: City Council, Local Contract Review Board From: Dick Wanderscheid, Director of Electric Utilities Date: September 5, 2008 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Electric Department 2. Department Contact Name: Dick Wanderscheid 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 07/01/2008 To: 06/30/2011 5. Total Estimated Cost: $35,000.00 to $55,000.00 per year for a total of $165,000.00 6. Supplies and/or Services or class of Supplies and/or Services to be acquired Engineering Services 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. In November 2002, the City of Ashland, Electric Department released a Request for Proposal for an Engineer to complete a 10-Year system study on the City's Electrical Distribution System. Also, within the same RFP, the City specified that they wanted the engineering firm to provide general engineering services on an as-needed basis. ESA, Inc. in Corvallis, Oregon was awarded a contract for the system study along with a contract to provide on-going engineering services. ESA changed their name to CVO Electrical Systems in 2006. Engineering services were provided by ESA initially then CVO Electrical Systems after the firm's name change. Dunne the last six (6) years, CVO Electrical Form #9 - Special Procurement - Request for Approval, Page 1 of 6, 9/10/2008 Systems has a gained a thorough understanding of the City's system and also understands the City's relationship with BPA and Pacific Corp. They developed a working computerized model of the City's distribution system and hence can give the City timely answers to our engineering requests without leaving Corvallis. They also designed the Mountain Avenue Expansion Project and completed the SCADA feasibility study: implementation of these projects can proceed seamlessly over the next 3- years by continuing our relationship with CVO Electrical Systems. Therefore, the proposed contracting procedure and contract recommendation is to directly award the contract for engineering services to CVO Electrical Systems. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Written Findings are attached for your review. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The initial contract was awarded as a result of an RFP. In accordance with ORS 279C.115 (2) A local contracting agency may enter into an architectural, engineering or land surveying services contract directly with a consultant if the project described in the contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in an earlier contract with the consultant that was awarded under rules adopted under ORS 279A.065 and the new contract is a continuation of that project. In accordance with ORS 279C.115 (3) A local contracting agency may adopt criteria for determining when this section applies to an architectural, engineering, or land surveying services contract. Note: It is our understanding that the City has not yet adopted the criteria in AMC 2.52 to determine if these services can be awarded in accordance with ORS 279C.115, but the Electric Department staff is in agreement that it is in the City's best interest to do so. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: CVO Electrical Systems has studied and rendered a substantial amount of engineering services thus far and this contract is a continuation of the same projects. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or Form #9 - Special Procurement- Request for Approval, Page 2 of 6, 9/10/2008 X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: The initial contract for engineering services was awarded in accordance with ORS 279B.060. The current contract recommendation is for continuing services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 3 of 6, 9/10/2008 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.us - September 17, 2008 * Please note: The following public notice will be published online at www.ashland.or.us on September 17`h if the Special Procurement is approved by Council on September 16, 2008. PUBLIC NOTICE Approval of a Special Procurement First date of publication: September 17, 2008 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on September 16, 2008. The Special Procurement is contract-.specific for a period of three fiscal }ears beginning .luly 1. 2008 and expiring on June 30, 2011. The. proposed contracting procedure is direct award to CVOFlectrical Svstems for engineering services. CVO F,lech ica[ Systems has extensively studied [he Citv's electrical system and has rendered a substantial amount of engineering services thus far and this contract is a continuation of the same projects. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 279B.070. i An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on September 24, 2008. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 4 of 6, 9/10/2008 Authority to enter into a Special Procurement: Section 2.50.070 Procedure for Competitive Bids All Public Contacts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the Attorney General Model Rules, OAR Chapter 137 Divisions 46- 49, except for thefollowing: G. Special procurements as set forth ORS 279B.085 and herein. Section 2.50.085 Special Procurements/Alternative Contracting Methods for Public Improvements. The Council may approve of special procurement or alternative contracting for public improvement methods pursuant to this Section. A. Special Procurements for Goods and Services: (1) To seek approval of a special procurement, the Public Contracting Officer, his or her designee, or the contracting Department shall submit a written request to the Council that describes the proposed contracting procedure, the goods or services or the class ofgoods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards setforth in this subsection. (2) The Council may approve a special procurement if it finds that a written request submitted under this subsection demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Public Contracting Officer, his or her designee, contracting Department or Council, will: (a) Be unlikely to encourage firvoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) Result in substantial cost savings to the City or to the public; or (c) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 2798.060, 279B.065 or 279B.070 or under any rules adopted thereunder. (3) Public notice of the approval process for a proposed special procurement must be given in the same manner as provided in ORS 279B.055 (4)(b). (4) If a contract is awarded through a special procurement, the City shall award the contract to the offeror whose offer the department determines in writing to be the most advantageous to the contracting agency. (5) When the Council approves a class special procurement, as defined in ORS 2798.085, under this section, the City may award contracts to acquire goods or services within the class ofgoods or services in accordance with the terms of the Council's approval without making a subsequent request for a special procurement. ORS 279B.085 Special procurements. (1) As used in this section and ORS 279B.400.- (a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of contracts overtime or for multiple projects. (b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 2798.065 and 2798.070 and is for the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project. (c) "Special procurement - means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the contracting procedure, the goods or services or the class ofgoods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the contracting procedure, the goods or services or the class ofgoods or services that are the subject of the special procurement and the circumstances that justify the use of a special procurement under the standards set forth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure. prescribed by the director, board, Secretary of State or State Treasurer: Form #9 - Special Procurement - Request for Approval, Page 5 of 6, 9710/2008 (a) Is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Is reasonably expected to result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 179B.055, 279B.060, 179B.065 or 279B.070 or under any rules adopted thereunder. (5) Public notice of the approval ofa special procurement must be given in the same manner as provided in ORS 279B.055 (4). (6) Ifa contracting agency intends to award a contract through a special procurement that calls for competition among prospective contractors, the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [1003 c. 794 §57, 2005 c.103 §8d; 2007 c. 764 §7] OAR 137-047-0285 Special Procurements (1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements of ORS 2798.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Audurity's approval of a Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give Affected Persons at least seven (7) days from the date of the notice of approval of the Special Procurement to protest the Special Procurement. (3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0700 I certify that the information provided above meets the City of Ashland public contracting requirements and if applicable, the documentation can be provided upon request. Department Head Signature: Date: Form #9 - Special Procurement- Request for Approval, Page 6 of 6, 9/10/2008 CITY OF ASHLAND Memo DATE: August 20, 2008 TO: Lee Tuneberg FROM: Dick Wander RE: Continuation of Electric Engineering Service with CVO, Inc. In November 2002, the City's Electric Department issued a RFP for engineering firms to perform a 10 year system study for the City's Electric Distribution System. During this RFP process, the City also requested "a proposal for an on-going engineering relationship with the firm that will allow the City to utilize the firm's expertise on an on-going basis after the study's completion." ESA, Inc of Corvallis, Oregon was awarded the contract and a purchase order for $40,000 was signed by the City in February, 2003. An additional PO for $10,000 for on-going engineering services was also executed in July 03 to cover FY 03-04. ESA completed the study as per the contract and the results were presented to the City Council in a Council Study session in February, 2004. Engineering service PO's for $25,000; $18,800; $30,000; and $20,000 annually have also been executed since the initial study was completed. In addition, ESA which changed its name to CVO in 2006, successfully competed for an RFP for a SCADA Feasibility Study for $17,740 in 2007 and an ARC Flash Hazard study for $10,000 in 2008. CVO has been providing day to day engineering service, new facility design, assists the City in outage reports, equipment selection, fusing and protection issues and also designed the new low voltage distribution facilities which are soon to be under construction at the BPA owned Mountain Ave Substation. The City now seeks Council approval to continue the Engineering relationships with CVO for an additional 3 years with expected costs of between $35,000 and $55,000 a year. Continuing the relationship is a cost effective way of providing electrical engineering service for our utility at a much less cost than adding an electrical engineer to the City's Electric staff. Also since CVO has worked 6 years with the City, they are very knowledgeable about our system, and our relationship with BPA and PacifiCorp. They have developed a working computerized model of our distribution system and hence can give us timely answers to our engineering requests without actually leaving Corvallis. Since they designed the Mountain Avenue expansion project and completed our SCADA feasibility study, implementation of these projects can proceed seamlessly over the next 3 years by continuing our relationship with CVO. cc: Kariann Olson Electdc Dept Tel: 541405357 90 N. Mountain Ave Fax: 541552-2436 Ashland, onion 97520 TTY: BM735-2900 wandersd@9shland.or.us • August 8, 2008 Mr. Scott Johnson Operations Superintendent City of Ashland 90 North Mountain Avenue Ashland, OR 975520 Subject: Engineering Services Billing Rates Dear Scott: We are very pleased to have the opportunity to continue providing engineering services to the City of Ashland. Our current billing rates for General Engineering Services, through the end of this Fiscal Year (2008/2009) are as listed in the attached Rate Schedule and have been the same since 2006. Beginning the next Fiscal Year, 2009/2010 our rates will increase slightly as shown in the schedule, and also as follow for subsequent fiscal years. The current 2008/2009 rates reflect an approximate 10% discount for repeat client work from our standard rate structure, and although we will have rate increases in-line with the cost of living increases, we will continue to offer this discount to the City of Ashland. Should we acquire new staff, depending on their classification, their rates will be in-line with those noted in the schedule. It is our goal to offer quality services at reasonable rates and maintain clients on a long-term basis. We hope our products meet the City's objectives and we enjoy working on City of Ashland project and with the City's staff. Again we are very pleased to have the opportunity continue working for the City of Ashland. Please give us a call if there are any questions with our services or rates. Sincerely, CVO Electrical Systems, LLC Jerry Witkowski, P.E. Principle ! I 1600 SW Western Blvd, Suite 160 ■ Corvallis, OR 97333 ■ Phone (541)752-2829 ■ Fax (541)752-4830 • City of Ashland Electric Department Proposed Hourly Billing Rates For Three-Year Service Agreement CVO Electrical Systems, LLC Submitted 8/8/2008 Classification FY 2008-2009 FY 2009-2010 FY 2010-2011 Senior Engineer (Principal) David Castor $110 $115 $120 Jerry Witkowski $100 $105 $110 i Engineer Martin Stoddard $85 $90 $95 Junior Engineer $75 $78 $80 CAD Tech $60 $63 $65 Office Support $50 $53 $55 Expenses Direct Expenses billed at cost. Hourly Rates include all computer and communication charges I I 1600 SW Western Blvd, Suite 160 ■ Corvallis, OR 97333 ■ Phone (541)752-2829 ■ fax (541)752-4830 CITY OF ASHLAND Council Communication Revision to the City's Net Metering Resolution Meeting Date September 16, 2008 - Primary Staff Contact: Dick Wanderscheid Department: Electric E-Mail: wandersd@vashland.or.us Secondary Dept.: N/A Secondary Contact: Larry Giardina Approval: Martha Benn Estimated Time: Consent Agenda Question: Should the Council raise the limit from 25kW to 50kW for renewable energy generation systems by revising the City's Net Metering Resolution? Staff Recommendation: Staff recommends the Council adopt the attached revised Net Metering Resolution that increases the allowable size of customer owned systems from 25kW's to 50kW's. Background: In 1996, the City passed the first net metering policy in the Northwest. This policy included simple connection standards and also paid full retail rates for the first 1,000 kWh's in excess generation sold back to the City each month. The policy has served us well and has actually caused other Northwest Utilities to follow our lead. The connection attachments were modified and a new resolution was passed in May, 2001, however, due to reductions in costs and more generous Federal and State tax incentives, the size of systems being installed by Ashland citizens and businesses have gotten larger than they were back in 2001 when the resolution was adopted. The existing policy limits the size of net metered systems to 25kW in peak generating capacity. Staff is proposing to increase this limit to 50kW so these larger systems can be treated under our net metering policy. That is the only change proposed by the revised resolution. Related City Policies: The Valdez principles support the use of renewable energy as does the conservation element of the City's Comprehensive Plan. Council Options: 1) Leave the existing resolution in place with a 25kW size limit. 2) Adopt the attached resolution raising the size limit from 25kW to 50kW. Potential Motions: Move to adopt the attached the Net Metering Resolution. Attachments: Net Metering Resolution Page 1 of I 091608 Net Metering.CC.doc Or, RESOLUTION NO. 2008- A RESOLUTION ESTABLISHING A RENEWABLE RESOURCE PURCHASE POLICY BY THE CITY OF ASHLAND FOR SOLAR, WIND, FUEL CELL AND HYDROELECTRIC POWER GENERATED BY CUSTOMERS OF THE ASHLAND ELECTRIC UTILITY; AND REPEALING RESOLUTION 2001-10. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland encourages citizens and businesses: A. To invest in renewable electric energy generations systems, and B. For those who generate electricity, to remain on the electric grid to use it as a backup supply. This policy is designed to provide adequate incentives to encourage renewable generation while remaining on the City's electric grid. SECTION 2. The City of Ashland will purchase solar, wind, fuel cell or hydroelectric generated electricity from a customer-generator subject to the following conditions: A. All systems will be installed so as to comply with "design requirements for interconnection of customer-owned, grid-connected solar, wind, fuel cell or hydroelectric electric generating facilities of up to 50 kW Generating Capacity" as set forth in Attachment A to this resolution. B. All systems may utilize a single electric meter, supplied by the City of Ashland, which moves in both directions. Power used from the City moves the meter forward, power generated by the customer's system moves the meter backward. C. The system has a generating capacity of not more than 50 kW. D. Residential and commercial customers are covered by this policy. E. The first 1000 excess kilowatt-hours (kWh) generated each month from solar, fuel cells or wind will be purchased at the rate of 1.25 times the highest block for residential rate. All additional kWhs produced each month will be purchased at the City's then current wholesale power rate. F. Excess kWh generated each month from hydroelectric facilities will be purchased at the City's then current wholesale power rate. SECTION 3. Resolution 2001-10 is repealed. This resolution was duly PASSED and ADOPTED this day of , 2008, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney 091608 Net Metering.res.rtf CITY OF ASHLAND Council Communication Fiscal Year 2007-08 4`h Quarter Financial Report: April - June 2008 Meeting Date: September 16, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Se 'ces E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Berm Estimated Time: Consent Question: Should Council accept the quarterly report as presented? Staff Recommendation: Staff recommends Council accept the quarterly report as,presented Background: This is the quarterly financial report for the City (including Parks & Recreation) providing preliminary end-of-year information (unaudited and unadjusted) on the financial position of the City relating to cash & investments and budgetary revenues and expenditures. The reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted FY 2007-08 budget document and the manner in which they will be shown in the end of year report. Presentation of the final report is scheduled for November. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. Financial numbers for the fourth quarter are good indicators of budget compliance. Overview Cash is lower than the prior year balance primarily from paying for capital improvements and equipment with reserves held in the enterprise and equipment funds. Operating revenues are at 93.6% of budget and approximately $945,000 more than the prior year. Total revenue is $4 million less than budget. This is primarily due to approximately S792,000 less in total taxes, $1.4 million less in intergovernmental revenues, and $1.50 million less in Charges for Services what was budgeted. Except for interest earnings, all revenue categories are below budget. • Total taxes are $1 million more than the prior year but all categories (property, food & beverage, Transient, gas and franchise taxes) are less than what was projected a year ago. The final amounts are very close to what was projected in April as we prepared the 2009 budget. • Intergovernmental revenues are down because of less than expected grant funds for projects budgeted, but not done, in FY 2008. • Charges for fees are down because of mild weather impacting electric and water sales and electric rates were not raised as much as budgeted for the elimination of the BPA surcharge. i 091608 Quarterly Financial Report.CC.doc Ir, CITY OF ASHLAND • Systems Development Charges remain low because of the building industry slump. Budgetary Resources are 17% of budget due to no capital financing being completed in the fiscal year. The Personal Services category is at 94% of budget city-wide and Materials & Services is at 93.6% with Debt Service at 83.9%. Personal Services and Materials & Services are closer to budget than prior years (last year they were 93% and 92%, respectively) and this is to be expected as the city limits the increase in appropriations yet many operational costs grow beyond inflationary caps and our control. Debt Service is $240,000 more than the prior year but a lower percentage of the budget since no new borrowing was done and no added debt service payments were required. Capital Outlay ended the year at 53.9% of budget due to delays in acquiring some equipment and capital projects. The $6.5 million spent is consistent with the prior year. Total Ending Fund Balance is $20.2 million, about $2.7 million more than budgeted and $3 million less than the City started the year for the reasons stated above. Related City Policies: City of Ashland Financial Management Policies, Budget Document Appendix Council Options: Council may accept this report as presented, recommend modifications as discussed or defer acceptance (takes no action) awaiting further information or clarification. Potential Motions: This report is on the Consent Agenda and can be approved with other items. If removed from the Consent Agenda for separate discussion one of the following motions may be employed: A. Council moves to accept the financial report as presented. B. Council moves to accept the report as modified by discussion. C. Council takes no action pending further information or clarification. Attachments: Attached is the City of Ashland financial report for the period ended June 30, 2008. This report includes: 1. Financial Narrative (pages iii-vii) 2. Summary of Cash and Investments as of June 30 for the last two years (page 1) 3. Combined Statement of Financial Position City Wide (page 2) 4. Schedule of Revenues by Fund (page 3) 5. Schedule of Budgetary Compliance per Resolution #2007-36 (pages 4-7) 6. Schedule of Expenditures by Fund (page 8) The numbers presented are unaudited and unadjusted. ii 091608 Quarterly Financial Report.CC.doc Ir, CITY OF ASHLAND Financial Narrative Summary of Cash and Investments provides an understanding of changes in the City's cash position across funds and investment types. The city-wide cash balance has decreased $3,422,087 between fiscal years. This difference is greater than the one reported last quarter primarily due to the City having received the majority of property tax proceeds while still paying for certain operations that are significantly or primarily funded through this resource. Examples are the General Fund, Debt Service Fund and the Parks & Recreation Fund. A two-year comparison shows the City has $4.9 million less in cash than it did June 30, 2006. Each fund. varies for its own reasons but it should be noted that the General Fund cash balance is nearly the same (only $57,196 more) as the prior year. The Street, enterprise and Equipment funds all have reduced cash levels relating to capital projects being paid for with reserves. The Capital Improvements Fund has a larger cash balance as restricted monies such as Parks SDCs, open space and maintenance monies are collected to fund future projects. The Debt Service cash balance is inflated due to the allocation of monies refunded from BPA were set aside in this fund to pay future AFN debt. The CDBG balance is down between years in recognition of the payback to the General Fund last year as part of converting the Grove to open use. The distribution of cash and investment balances shows an increased amount of $836,965 held in the Local Government Investment Pool to provide short term interest earnings beyond that which could be gained from a bank account. General banking accounts are $585,172 more than the prior year and longer-term City investments have decreased from $2.5 million to $500,000n as part of the overall $3.4 million reduction in cash between years. The Combined Statement of Financial Position is similar to presentations in the annual financial report. It is intended to provide the reader an overall sense of the City's financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $20.2 million but $3.0 million less than last year at this time. The balance is 15.3% larger than the budgeted city-wide EFB for FY 2008 due to delayed projects and departmental "belt tightening" consistent with what was discussed during the budget process this year. All of the points above helped to reduce the "disconnect" between Revenue and Expenses from a minus $6.4 million to a minus $3.1 million. Last year the EFB was only 4.5% above what was budgeted since the "disconnect" or shortfall between revenues and expenses being a minus $2 million. The $3.1 million reduction in fund balance relates to the revenue and expense issues identified above. A contributing factor is the $575,000 less than projected EFB being carried forward from FY 2006-2007. Part of this relates to estimates on property tax revenue being higher than actual due to less growth in valuations and a lower collection rate than recorded in our books the prior year. Another contributing factor is that no capital project financing occurred in FY 2006-07 or in FY 2007-08 which would have had a positive impact on EFB 091608 Quarterly Financial Report.CC.doc CITY OF ASHLAND and cash balances. Even so, most funds ended the prior year above the respective target fund balances. Revenues and Budgetary Resources at June 30, 2008, total $60,219,557 as compared to total year-to-date requirements of $63,342,578 which results in a $3,123,021 decrease to Unappropriated Ending Fund Balance. This is $3.26 million "better" than the City's Adopted budget of a $6.4 million decrease during the year for the reasons identified above. Last quarter the shortfall between resources and requirements was $560,195. The significant increase in the shortfall relates to operations paid for by property taxes that were received earlier in the year and the capital construction done in the last quarter of the year. Total Revenues on a city-wide basis are slightly better than the prior year. General tax receipts are up because of the added property tax rates levied in 2008. No external financing has been done and only 70% of internal transfers were recorded at June 30 awaiting audit review. The $446,253 Transfer In primarily represents amounts paid between funds for debt service. Total Requirements are at 85.2% of the annual budget with Personal Services at 94.0% and Materials and Services at 93.6%. These percentages of budget are higher than the prior year percentages by 1.0% and 1.6%, respectively, due to tighter budgeting. Total Operating Expenditures are at 92.9%. No new debt service lowered this percentage from the 94% range. Similarly, Capital Outlay is only 53.9% of the annual budget and is close to the amount expended in the prior year. Budgetary Requirements activity includes the $446,253 Transfer Out mentioned above. Unused Contingency is $967,000 or less than 60% of the budgeted amount of $1,631,000 city-wide in this report. Contingency was utilized in the General, enterprise and Central Service funds. The Schedule of Revenues by Fund provides an overview of total resources by fund for the year. Many City funds and the total received are well below the 100% mark. Those funds above 100% saw increased Interest earnings and unanticipated miscellaneous revenues that helped them through the year. Those funds below the 100% mark lagged in tax collections, charges for service, systems development charges (SDCs) and proceeds from borrowing. More telling information is found in the individual fund statements narratives below. The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis by fund consistent with the resolution adopting appropriation levels in the budget compliance section of the document. Appropriations are as adopted with the revised resolutions that were done to adjust for the lower the amount to be spent on Ashland library operations and other changes in activities. iv 091608 Quarterly Financial Report.CC.doc 91FAWA CITY OF ASHLAND Overview by fund: General Fund - Total revenues are 89.9% and expenditures are 85.4%a with $120,000 of the budgeted $400,000 Contingency unused. Charges for Services are 98.4% and taxes are 96.0% of budget, respectively. The budget included $997,000 in revenue for the sale of Strawberry properties and a similar amount to be spent on the affordable housing program. Neither was accomplished. Budget adjustments were done to correct appropriations in the Finance-Miscellaneous and Municipal Court, Fire Department and Police Departments to protect areas from exceeding adopted levels with operational costs using 30% or $120,000 of Contingency. Fund balance ended $560,000 above what was projected during the budget process for these two reasons: 1. Immediate, reduced spending by departments provided $345,000 more EFB. 2. A correction of $214,877 in cash and Ending Fund Balance (interfund loan) between the General and CDBG funds accounted for the rest. CDBG Fund - Revenue and Expenditures are consistent with budgeted activities for the year. Ending Fund Balance changed with the above correction. Street Fund - Even though a negative cash flow occurred in 2008 with $3.2 million in all resources and $3.4 million in operational and capital expenses, the ending fund balance is greater than budget. Charges for services were 93.5% of budget and SDCs were 83.7%. Some capital projects were delayed and others await the master plan review, both delaying the need for Intergovernmental (grant) revenue and capital financing, resulting in near equal resources and requirements and a growing restricted fund balance. All Contingency was used to protect the City against any potential budget violation on a capital project. Airport Fund - A larger ending fund balance was realized due to capital project reimbursements from federal grants between years. No Contingency was used. Capital Improvements Fund - Food & Beverage revenue exceed the prior year collections but are only 96% of budget. Parks SDC revenue is 74% of budget. Both of these revenues contribute to the growing restricted ending fund balance awaiting project or debt service use. Personnel costs are 98% of budget and Material & Services are 92%. No Contingency was used. Debt Service Fund - Resources exceeded Requirements $689,217. Nearly all of the excess comes from the BPA refund that was dedicated to pay AFN General Obligation debt. Water Fund - Revenue from water sales were slightly less than the prior year when the City was able to continue selling TID water later into the year and the cool, Spring weather the area is experiencing. Expenses exceed revenues by $1.6 million (as compared to the budgeted difference of a negative $2.37 million) with Revenue posting 82.4% of the budgeted amount. All divisions, except Debt Service, were well below budget, primarily due to less in capital project costs. Unused Contingency is $69,000 of the budgeted $144,000. Reimbursement of capital expenses is anticipated in FY 2009. V 091605 Quarterly Financial Report.CC.doc 1r, CITY OF ASHLAND Wastewater Fund - Expenses exceed Revenues by $1.2 million with the DEQ annual debt service exceeding Food & Beverage tax revenue by $163,000. Charges for services were 89.5% of budget and SDC revenue only 59.2%. All divisions, except Debt Service, were well below the budget including those containing capital projects. No Contingency was used. External borrowing of $3.0 million will soon be needed for the $1.2 million in approved capital projects this year and the $1.5 million in FY 2008-2009. Electric Fund - Total Expenses are above Revenues by $709,250 with the Ending Fund Balance at $1.47 million or 88% of budget. Moderate winter weather and late spring-summer high temperatures negatively impacted Charges for Services as did absorbing some of the cost to replace the BPA surcharge with lower rates to ease the impact on the customer. Except for Conservation, all divisions were close to their total appropriations. To remain within budget requirements $225,000 of the budgeted $375,000 contingency was transferred to operating divisions. Telecommunications Fund - Preliminary numbers show Expenditures exceeding Revenue by $20,000 as compared to the budgeted minus $400,000. This fund paid $356,000toward the $1.1 million debt service yet exceeded budgeted ending fund balance by over $500,000. No Contingency was used. The larger than projected ending fund balance will assist in paying the following year's debt service. Central Services Fund - Total Revenues were 104% of budget but Expenditures were held to 92.1% resulting in a shortfall of less than $100,000 as compared to the budgeted $495,744 reduction in Ending Fund Balance. All of Contingency was transferred to protect the City from a budget violation. The fund balance is $600,000 above target and will provide some offset to expenses in the budget for FY 2010. Insurance Services Fund - Preliminary Revenues and Expenses are near equal. End of year claims adjustments will affect the final balance but no Contingency was used and the ending fund balance goal was met. EFB is stable but the City should increase this reserve when ever possible due to changes occurring in the liability and workers compensation programs. Equipment Fund - Replacing equipment caused Expenditures to exceed Revenues by $421,179 however this is about half of what was projected. The increased ending fund balance will be utilized for purchases in the coming years. Only $5,000 of the budgeted $43,000 of Contingency was needed. Cemetery Trust Fund - Charges for Service were 107.7% of budget. Interest earnings transferred to the General Fund were a third higher than budgeted due to increased interest earnings. This caused the need for a supplemental budget to be compliant with Oregon Budget Law and with the Ashland Municipal Code. Vi 091608 Quarterly Financial Report.CC.doc CITY OF ASHLAND Parks and Recreation Fund - Revenues and Expenditures were nearly equal with the department hold costs in all divisions (except debt service) to approximately 90% of budget. Property taxes were above the prior year but about 96.4% of budget. Interest earnings and Miscellaneous revenue offset the shortfall in taxes. None of $35,000 Contingency was used. APRC met the target EFB of $1.2 million which is projected to be sufficient enough to carry it through to tax distributions in the following November. Ashland Youth Activities Levy Fund - Revenues are $2.55 million and Expenses are $2.46 million. This is the last year of tax revenue and the ending fund balance of $162,468 will distributed in FY 2009 along with residual tax revenue per the levy requirements. Parks Capital Improvements Fund - Total revenue was 95% of budget but program expenditures were only 40% so the ending fund balance increased to $263,343. This money is reserved for qualified projects in the coming years. Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are available for your review in the Administrative Services Department office should you require any additional information. Vii 091608 Quarterly Financial Report.CC.doc kITAW&A City of Ashland Summary of Cash and Investments June 30, 2008 Balance Balance Change From Fund June 30, 2008 June 30, 2007 FY 2007 General Fund S 2,224,583 $ 2,167,387 $ 57,196 i Community Block Grant Fund 45,830 229,824 (183,994) Street Fund 2,284,895 2,706,456 (421,561) Airport Fund 73,975 48,267 25,708 Capital Improvements Fund - 1,156,600 5a5,839 570,761 Debt Service Fund 1,240,543 547,197 693,346 Water Fund 1,280,020 3,006,376 (1,726,356) Wastewater Fund 3,149,078 4,418,413 (1,269,335) Electric Fund 776,046 1,572,982 (796,936) Telecornnamications Fund 747,353 838,962 (91,609) Central Services Fund 964,014 1,101,977 (137,963) Insurance Services Fund 1,433,692 1,429,463 4,229 Equipment Fund 1,309,220 1,857,737 (548,517) Cemetery Trust fund 768,538 736,845 31,693 $ 17,454,388 $ 21,247,724 (3,793,336) Ski Ashland Agency Fund - 27,356 (27,356) Parks & Recreation Agency Fund 1,796,482 1,397,878 - 398,604 1,796,482 1,425,234 371,249 Total Cash Distnbution $ 19,250,870 $ 22,672,957 $ 13.422,087) Manner of investment Petty Cash $ 3,560 $ 3,510 $ 50 General Banking Accounts 989,309 1,574,481 (585,172) Local Government Irrv. Pool 17,758,001 18,594,966 18361965) City Investments 500,000 2.500.000 (2.000,000) Total Cash and Investments S 19,250,870 $ 22,672,957 $ (3,422,087) Dollar Distribution Skl AsHand, Parks and Be wion Funds As Other (Generw 9% Gnvemrrere) Camel Services, 41% insurmka and ' Equpmem Funds !T!=.. 19% Business Type Funds 31% ~s nowagan+nsoir amm 1 mnvYm City of Ashland Combined Statement of Financial Position City Wide For the twelfth month ended June 30, 2008 Fiscal Year 2008 Percent Fiscal Year 2007 Year-To-Date Fiscal Year 2008 Collected/ Year-To-Date Resource Summary Actuals Amended Expended Balance Actuals Revenues Taxes S 19,199,951 $ 19,991,810 96.0% $ (791,859) $ 18,110,492 Licenses and Permits 886,644 900,000 98.5% (13,356) 847,665 Intergovernmental Revenues 1,967,857 3,389,335 58.1% (1,421,478) 2,794,689 Charges for Services 34,091,038 35,604,558 95.7% (1,513,520). 33,007,954 System Development Charges 683,853 930,000 73.5% (246,147) 694,914 Fines and Forfeitures 151,554 180,000 84.20% (28,446) 169,558 Assessment Payments 67,195 102,427 65.6% (35,232) 108,864 Interest on Investments 995,415 802,950 124.0% 192,465 1,168,862 Miscellaneous Revenues 1,425,794 1.616,300 88.2% (190,506) 1,621,841 Total Revenues 59,469,303 63,517,380 93.6% (4,048,079) $8,524,939 Budgetary Resources: Other Financing Sources 304,000 3,800,000 8.0% (3,80Qt)a0) - Imedund Loans - 214,877 Transfers In 446,253 638,073 69.9% (191,820) 1,016,934 Total RAotary Resources 750,253 4,438,073 16.9% (3,991,820) 1,231,811 Total Resources 60,219,557 67,955,453 88.6% (8,039,899) 59,756,652 Requirements by Classification . Personal Services 22,285,611 23,698,544 94.0% 1,412,933 21,190,936 Materials and Services 29,630,238 31;884,223 93.6% 2,053,985 28,121,672 Debt Service 4,328,927 5,161,206 83.9% 832,279 4,088,128 Total Operating Expenditures 56,444,776 60,743,974 92.9% 409,197 53,400,736 Capital Construction J Capital Oullay 6,451,548 11,977,705 53.9% 5,526,157 6,527,376 Interfun d Loans - - - - 214,877 Transfers Out 446,253 653,073 68.3% 206,820 1,016,934 Contingencies J 967,000 0.0% 967,000 Total Budgetary Requirements 446,253 1,620,073 27.5% 1,173,820 1,231,811 Total Requirements 63,342,578 74,341,755 852% 10,999,174 61,159,923 Excess (Dolfciency) of Resources over Requirements (3,123,021) (6,386,302) 48.9% 3,263,281 (1,403,269) Working Capital Carrymer 23,352,522 23,927,048 97.6% (514,5261 24,665,985 Unappropriated Ending Fund Balance S 20,229,501 S 17,5d0,746 115.3% S 2,688,755 S 23,262,719 ,SktvtlYPorwb~miY lMnd1 OM64Cp 2 City of Ashland Schedule of Revenues By Fund For the twelfth month ended June 30, 2008 Fiscal Year 2008 Fiscal Year 2007 Year-TaDate Fiscal Year Percent to Year-To-Dale Revenues by Fund Actuate 2008 Amended Budget Balance Actuals City General Fund $ 13,616,001 $ 15,145,065 89.9% 3 (1,529,064) $ 13,260,087 Community Block Grant Fund 71,256 213,500 33.4% 1142,244) 588,171 Street Fund 3,165,500 4,410,000 71.6% (1,244,500) 3,588,933 Airpod Fund 289,060 348,500 82.9% (59,440) 118,961 Capital Improvements Fund 1,680,673 t,631,961 103.0% 48,712 1,795,148 Debt Service Fund 2,596,194 2,082,775 120.3% 423,419 1,681,508 Water Fund 4.322,472 5,245,000 82.4% (922,528) 4,651,123 Wastewater Fund 4,483,023 7,905,600 56.70/. (3,422,577) 4,548,985 Electric Fund 12,843,007 13,677,800 93.9% (834,793) 12,505,053 Telecommunications Fund 1,806,603 1,742,324 103.8% 66,279 2,134,594 Central Services Fund 5,515,644 5,586,543 98.7% (70,699) 5,592,810 Insurance Services Fund 715,194 672,485 106.4% 42,709 733,538 Equipment Fund 1,475.437 1,417,000 104.1% 58,437 1,545,571 Cemetery Trust Fund 55,211 60,500 91.3% (5,289) 61,489 Total City Components 52,547,475 60,139,053 87.4% (7,591,578) 52,811,971 Parks and Recreation Component Parks and Recreation Fund 4,916,071 4,946,400 99A% (30,329) 4,448,518 Ashland Youth Activities Levy Fund 2,555,010 2,658,000 96.1% (102,990) 2,311,218 Parks Capital improvement Fund 201,005 212,000 94.8% (10,995) 184,945 Total Parks Components 7,672,085 7,816,4DO 98.2% (144,315) 6,944,681 Total City 60,219,557 67,955,453 88.6% (7,735,896) 59,756,652 , Working Capital Carryover 23,352,522 23,927,048 97.6% (574,526) 24,665,985 Total Budget $ 83,572,079 ; 91,882.502 91.0% $ (8,310,422) $ 84,422,637 i { i tSfN,aLPVpMkn )rfl]W.0 3 W6roM City of Ashland Schedule of Budgetary Compliance Per Resolution #2007-36 For the twelfth month ended June 30, 2008 Fiscal Year 2008 Year-To-Date Fiscal Year 2008 Percent Actuals Amended Used Balance General Fund Administration $ 370,552 $ 494,685 74.9% $ 124,133 Administrative Services - Municipal Court 429,866 437,360 98.3% 7,494 Administrative Services - Social Services Grants 105,534 121,000 87.2% 15,466 Administrative Services - Economic & Cultural Grants 527,519 527,519 100,0% Administrative Services - Miscellaneous 8,342 11,000 75,8% 2,658 Administrative Services - Band 52,924 60,509 875% 7,565 Police Department 5,306,861 5,648,208 94,0% 341,347 Fire and'. Rescue Department 4,829,145 5,097,175 94.7% 268,030 Public Works- Cemetery Division 283,106 339,165 83.5% 56,059 Community Development - Planning Division 1,199,466 2,411,548 49.7% 1,212,082 Community Development - Building DMision 780,213 833,991 93.6°% 53,778 Transfers 500 500 100.0% - Contingency - 280,000 0.0% 280,000 Total General Fund 13,894,028 16,262,660 85.4% 2,368,632 Community Development Block Grant Fund Personal Services 14,078 23,600 59.7% 9,522 Materials and Services 23,868 203,700 11.7% 179,832 Total Community Development Block Grant Fund 37,946 227,300 16.7% 189,354 Street Fund Public Works- Street Operations 2,316,347 3,327,919 69.6% 1,011,572 Public Works - Storm Water Operations 678,798 834,957 81,3% 156,159 Public Works • Transportation SDC's 202,916 238,800 85.0% 35,884 Public Works - Stone Water SDC's 152,980 211,500 72.3% 58,520 Public Works - Loral Improvement Districts 24,993 685,998 3.6% 661,005 Debt - 400,000 0.0% 400,000 Transfers - 200,000 0.0% 200,000 Contingency 0 NIA Total Street Fund 3,376,034 5,899,174 57.2% 2,523,140 Airport Fund Materials and Services 97,242 111,032 87,6% 13,790 Capital Outlay 125,195 228,605 54.8% 103,410 Debt Service 35,072 35,172 99.7% 100 Contingency - 51000 0.00% 5,000 Total Airport Fund 257,509 379,809 67.8% 122,306 15 rm Rkp .XR awrm 6tYAE 4 Schedule of Budgetary Compliance Per Resolution #2007-36 For the twelfth month ended June 30, 2008 Fiscal Year 2008 Year-To-Date Fiscal Year 2008. Percent Actuals Amended Used Balance Capital Improvements Fund Personal Services 172,426 176,216 97.8% 3,790 Materials and Services 449,422 489,275 91.9% 39,853 Capital Outlay 216,708 300,000 72.2% 83,292 Transfers 302,573 302,573 100.0% - Contingency - 50,000 0.0% 50,000 Total Capital Improvements Fund 1,141,129 1,318,064 86.6% 176,935 Debt Service Fund Debt Service 1,816,977 2,016,821 90.1% 199,844 Total Debt Service Fund 1,816,977 2,016,821 90.1% 199,844 Water Fund Electric - Conservation Division 162,461 177,300 91.6% 14,839 Public Works -Forest Lands Management Division 179,418 385,670 46.5% 206,252 Public Works -Water Supply 456,221 523,819 87.1% 67,598 PublicWorks - WaterTreatment 1,700,718 2,106,338 80.7% 405,620 Public Works- Water Division 2,454,178 2,833,816 86.60/. 379,638 Public Works -improvement SDC's 290,769 505,250 57.5% 214,481 Public Works - Debt SDC's 124,710 124,850 99.9% 140 Contingency - 69,000 0.0% 69,000 Total Water Fund 5,987,436 7,611,747 78.7% 1,624,311 WasteWater Fund Public Works- Wastewater Collection 2,141,762 2,479,706 86.4% 337,944 Public Works- Wastewater Treatment 1,534,063 1,926,453 79.6% 392,390 Public Works-Reimbursements SDC's 129,125' 164,403 78.5% 35,278 Public Works -improvementsSDC's 133,750 196,423 68.1% 62,673 Debt Service 1,788,060 1,788,160 100.035 100 Contingency 140,000 0.0% 140,000 Total Wastewater Fund 5,726,760 6,695,145 85.5% 968,385 Electric Fund Electric - Conservation Division 1,078,466 1,167,887 923% 89,421 Electric - Supply 6,009,163 6,102,504 98.5% 93,341 Electric - Distribution 5,577,990 5,711,671 97.7% 133,681 Electric - Transmission 886,638 903,600 98.1% 16,962 Contingency 150,000 0.0°/6 150,000 Total Electric Fund 13,552,257 14,035,662 96.6% 483,405 rs rvm aerw .hn 3o rr aasm ~irero 5 Schedule of Budgetary Compliance Per Resolution #2007-36 For the twelfth month ended June 30, 2008 Fiscal Year 2008 Year-To-Date Fiscal Year 2008 Percent Actuate Amended Used Balance Telecommunications Fund IT - Internet 1,119,675 1,228,233 91.2% 108,558 IT - High Speed Access 352,496 468,607 75.2°% 116,111 Debt -To Debt Service Fund 356,000 35000 100.0% - Contingency - 100,000 0.0% 100,000 Total Telecommunications Fund 1,828,171 2,152,840 84.9% 324,669 Central Services Fund Administration Department ' 1,302,421 1,614,614 80.7% 312,193 - Administrative Services Department 1,509,145 1,575,530 95.8% 66,385 IT • Computer Services Division 1,153,554 1,206,388 95.60% 52,834 City Recorder 281,257 298,569 94.2% 17,312 Public Works- Administration and Engineering 1,355,070 1,387,186 97.7% 32,116 Contingency 0 N/A Total Central Services Fund 5,601,447 6,082,287 92,1% 460,840 Insurance Services Fund - Personal Services 81,133 85,000 95.5% 3,867 Materials and Services 620,793 700,000 883% - 79,207 Contingency - 100,000 0.0°% 100,000 Total Insurance Services Fund 701,926 885,000 79.3% 183,074 Equipment Fund Personal Services 266,336 273,701 97.3% 7,365 Materials and Services 487,001 503,222 96.8% 16,221 Capital Outlay 1,143,279 1,436,000 79.5% 294,721 Contingency 38,000 0.0% 38,000 -Total Equipment Fund 1,896,616 2,252,923 842% 356,307 Cemetery Trust Fund Transfers 33,180 40,000 83.0°% 6,820 Total Cemetery Trust Fund 33,180 40,000 83.0°% 6,820 ~scrgw+a.x~tY axam anvzoro 6 Schedule of Budgetary Compliance Per Resolution #2007-36 For the twelfth month ended June 30, 2008 Fiscal Year 2008 Year•To-Date Fiscal Year 2008 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 3,460,326 3,948,075 87.6% 487,749 Recreation Division 960,746 1,051,727 91.3% 90,981 Golf Division 361,825 419,019 86.4% 57,194 Debt Service - 10,500 0.0% 10,500 Transfers 110,000 110,000 100.0% _ Contingency 35,000 0.0%> 35,000 Total Parks and Recreation Fund 4,892,897 5,574,321 87.8% 681,424 Youth Activities Levy Fund Personal Services 164,454 196,000 83.9% 31,546 Materials and Services 2,300,759 2,381,000 96.6% 80,241 Total Youth Activities Levy Fund 2,465,213 2,577,000 95.7% 111,787 Parks Capital Improvement Fund Capital Outlay 133,051 331,000 402% 197,949 Total Parks Capital Improvement Fund 133,051 331,000 40.2% 197,949 Total Appropriations $ 63,342,578 $ 74,341,755 85.2% $ 10,999,177 ~5 f iv W 1 Pfyol.iro ]l iY xOHn a axa 7 City of Ashland Schedule of Expenditures By Fund For the twelfth month ended June 30, 2008 Fiscal Year 2008 Fiscal Year 2007 Year-To-Date Fiscal Year Percent Year-To-Date Requirements by Fund Actuals 2008 Amended Expended Balance Actuals City Funds General Fund $ 13,894,027 S 16,262,661 85.4% $ 2,368,634 $ 13,219,309 Community Block Grant Fund 37,946 227,300 16.7% 169,354 580,737 Street Fund 3,376,034 5,899,174 57.2% 2,523,140 2,675,758 Airport Fund 257,509 379,809 67.8`Yo 122,300 118,496 Capital Improvements Fund 1,141,129 1,318,064 86.6% 176,935 1,816,946 Debt Service Fund 1,816,977 2,016,821 90.1% 199,844 1,587,340 Water Fund 5,987,436 7,611,747 76.7% 1,624,311 7,588,778 Wastewater Fund 5,726,760 6,695,145 85.5% 968,385 4,988,582 Electric Fund 13,552,257 14,035,662 96.6% 483,405 12,442,326 Telecommunications Fund 1,828,171 2,152,840 84.9% 324,669 1,689,376 Central Services Fund 5,601,447 6,082,287 92.1% 480,840 5,243,715 Insurance Services Fun! 701,931 885,000 79.3% 183,069 668,898 Equipment Fund 1,896,616 2.252,923 84.2% 356,307 1,304,889 Cemetery Trust Fund 33,178 40,000 82.9% 6,822 31,000 Total City Components 55,851,419 65,859,433 84.8% 10,008,014 53,956,149 Parks and Recreation Component Parks and Recreation Fund 4,892,895 5,574,318 87.8% 681,423 4,774,972 Youth Activities Levy Fund 2,465,213 2,577,000 95.7% 111,787 2,273,920 Parks Capital Improvements Fund 133,051 331,000 40.2% 197,949 154,881 Total Parks Components 7,491,159 8,482,318 88.3% 991,159 7,203,773 Total Requirements by Fund 63,342,578 74,341,755 85.2% 10,999,173 61,159,923 Ending Fund Balance 20,229,501 17,540,747 115.3% 2,688,754 23,262,714 Total Budget $ 83,572,079 $ 91,882,502 91.0% $ 13,687,926 $ 84,422,637 urrcm hcm,~,neprr $ aenemm CITY OF ASHLAND Council Communication A Resolution Setting a Public Hearing to Consider the Formation of a Local Improvement District to Improve Beach Street Meeting Date: September 16, 2008 Primary Staff Contact: James Olson 552-2412 Department: Public Works / Engineering E-Mail: olsonj@ashland.or.us Secondary Dept.: Com Dev/City Recorder Secondary Contact: Michael R. Faught Approval: Martha Bennett Estimated Time: 15 minutes Question: Will Council approve the attached resolution establishing a public hearing date of November 18, 2008 to consider the formation of Local Improvement District No. 89 to improve Beach Street? Staff Recommendation: Staff recommends approval of the attached resolution establishing a public hearing date of November 18, 2008 to consider the formation of Local Improvement District No. 89 to improve Beach Street. Background: General Staff has received petitions calling for the formation of a Local Improvement District (LID) to fund the improvement of the southerly 525 feet of Beach Street from the existing end of improvements to the end of the street right of way. The petitions, received between November 2007 and July 2008, contain 15 signatures representing 14 of the 26 proposed assessment units or 53.8% of the total units. AMC Section 13.20.020 states that The proposed local improvement may be initiated by either of the following methods: A. By the Council, at its own initiative; or B. By written petition requesting the local improvement signed by the owners of property that would benefit specifically from the local improvement district and that would have at least 50% of the anticipated assessment as estimated by the engineer. This improvement request meets the requirements of AMC 13.20.020B and therefore Council needs to schedule a public hearing prior to Council action on the petition. After the hearing, Council will make a decision to form or not form the LID. AMC 13.20.050.13 puts the decision solely within the Council's discretion. At Issue Resolution No. 99-09 revised AMC Section 13.20 and set forth the formula by which the City will participate in the cost of LID improvements, the methods by which assessments will be levied and the maximum amount of assessment to be born by the property owners. In an effort to keep pace with current construction costs and to address other changing conditions, Council has initiated a review of LIDs under AMC 13.20 including the changes brought about by Resolution No. 99-09. Page 1 of 7 091608 Beach Street LID.CC.doc 1FAWA CITY OF ASHLAND Following is a brief history of past Council actions or reviews of the current LID policy: • April 2, 2007 (Study Session) "General Discussion of the Future of Local Improvement Districts." Staff requested that Council provide clear policy direction with intent toward formation of future LIDS and to provide guidance so that staff could return with detailed recommendations. • November S, 2007 (Study Session) "Local Improvement District Process Update and Next Steps" Staff recommended that Council consider the following six items: 1. Continue to utilize LIDS as a viable and important funding mechanism for future street, sidewalk and storm drain improvements. 2. Consider further evaluation to develop the City's funding cap and specific logic in identifying property owner participation and assessments to fund LIDS. 3. Modify Resolution 99-09 once revised assessment methodology and funding caps are determined. 4. Wait for the updated TSP to prioritize the current list of LIDS for sidewalks based on sidewalks to schools, transit stops and major gathering areas (parks, library, etc.) 5. Prioritize the current list of LIDS for road pavement based on traffic volumes and neighborhood support for the LID. 6. Consider utilizing LIDS to establish funding mechanisms for electric underground services, street light and other non-traditional utility enhancements. • May 20, June 3, June 17, 2008 "Local Improvement District Policy Update" This subject was tentatively scheduled on the Council "look ahead" for consideration on each of the above dates. In each instance the topic was advanced on the Council's schedule to provide additional time to more fully review the policy and to coordinate with other departments. The policy update has yet to be considered by the Council. The Beach Street petitions were received during the LID policy review period, but prior to any formal policy change. The petitioners contend that they should be allowed to proceed with the LID under current rules and regulations since there is no formal LID moratorium in place. If Council elects to postpone the consideration of the Beach Street LID until after the LID policy has been revised, then the existing petitions would become null and void as conditions, costs and obligations would likely change. Related Past Council Actions The improvement of Beach Street was first listed in the Capital Improvement Plan (CIP) included in the 2004-05 budget document. The project has remained on the CIP in each succeeding budget document since that time including the current budget approved by Council on June 3, 2008. Page 2 of 7 091608 Beach Street LID.CC.doc 11FAIL, CITY OF ASHLAND History Beach Street, like Plaza Avenue, has a long history of struggling to gain funding for needed street improvements. Petitions for improvement as a LID were attempted in 1979, 1980 and 2003. In each instance the petitions failed to gain a majority support. In an effort to find alternate funding, the City made an application under the Congestion Mitigation and Air Quality (CMAQ) program. The CMAQ program provides federal funding through ODOT for streets which meet the minimum grant standards for environmental improvement. All CMAQ design, construction and easement acquisitions must meet Federal American Association of State Highway and Transportation Officials (AASHTO) standards and specifications. These standards are much more stringent than local standards and are difficult to meet in areas where steep grades and narrow rights of ways are involved. In 2007 the City received tentative approval for $400,000 of CMAQ grant funding for Beach Street improvements. As a condition of the grant, engineering staff met on site with ODOT staff in a preliminary scoping effort to determine potential development concerns. It was noted that the steep grade of street and the narrow right of way width would make improvement of the street under CMAQ standards extremely difficult and costly. It was estimated that at least 14 additional easements would be required and that right of way costs alone could easily exceed $300,000. It was determined that the $400,000 grant would provide slightly more than half of the needed construction cost. On November 8, 2007, staff met with the residents of upper Beach Street in an effort to determine the best method to fund the proposed improvements and to compare the CMAQ grant with a standard LID design requirements. Those persons in attendance at the meeting unanimously agreed that funding under the CMAQ program was not a viable or effective funding option. The owners agreed to circulate and submit a petition to form a LID. Some of the reasons for not opting to use CMAQ monies included: I. Loss of control in basic design elements - Under CMAQ requirements AASHTO standards dictate all elements of design and construction, not local standards. 2. Cost - Construction costs under the CMAQ program are much higher than for normal city constructions costs. The CMAQ grant specifies the maximum amount available for the project ($400,000). Any additional funds must be provided by the City. If the project were to cost $800,000, the City would be required to provide the additional $400,000 to compete the work. It might still be necessary to form a LID to provide the additional funds. 3. Timing -Because of the complexity of the engineering and environmental reviews, it often takes three or more years to complete a project under the CMAQ program. Completion as a City Public Works project requires half of that time. The proposed Beach Street CMAQ grant was declined and those funds earmarked for the Beach Street improvement were reallocated to the City's other two current CMAQ projects: Plaza Avenue and `C' and Eureka Streets. Page 3 of 7 091608 Beach Street LID.CC.doe ~r, CITY OF ASHLAND Proposed Improvements The engineering staff met with the Beach Street neighborhood to discuss the nature of the proposed improvements, probable costs and possible development schedules. It was agreed that the street design should incorporate the following: L. Street Width 22 feet 2. Sidewalk 5' wide on one side only due to narrow rights of way 3. Concrete Curb and Gutter Both sides 4. On-Street Parking One side only 5. Parking Bays None 6. Storm Drain Drains to Beach Creek The actual street design will not commence until authorized by Council. The design process includes several neighborhood meetings to identify issues and potential problems and to review the ongoing design process. LID Boundary The proposed assessment district is comprised solely of those lots having direct frontage on or taking sole access from Beach Street. Beach Street is a "dead end" street and the proposed LID encompasses the extreme southerly end of the right of way. The use of this section of Beach Street is primarily limited to those who either reside on the street or to those who provide services to those residents. The benefit to these lots is readily definable and is much more direct than for those who might reside on a similar through street. Some of the benefits to be derived from the improvement of Beach Street include: 1. Drainage Control - The use of concrete curb and gutter with catch basins and storm drain piping prevents the uncontrolled surface flow of stormwater along the street and onto private properties. The storm drain system eliminates the need for drainage ditches and driveway culverts thereby reducing maintenance efforts and costs for the property owners as well as for the City. The elimination of the drainage ditches also provides a wider and more useable surface to accommodate sidewalks and street. 2. Safety Improvement - The vertical curb contributes to safety by defining the edge of the street for drivers, pedestrians and children. The curbs show drivers where to drive, where to turn and where to park. Curbs also provide protection for street lights, fire hydrants, signs and mail boxes. The uniform paved surface also provides a much safer surface for all modes of transportation. This is especially true in granitic surface streets such as Beach Street where loose individual grains of decomposed granite act as ball bearings beneath shoes and tires. In steep areas the asphalt surface can be "roughened" to provide an even better traction surface for wintertime travel improvement. The sidewalk provides a safe and defined pedestrian way. 3. Environmental Improvements - The paving of dirt or gravel surfaced streets is a proven remedy to reduce dust and particulate levels in the air and waterborne silt from the storm system. The paved surface reduces the granitic particles and gravel deposited in the drainage way. Page 4 of 7 091608 Beach Street LID.CC.doc 'Mr, CITY OF ASHLAND The assessment district is comprised of 20 tax lots as shown on the attached exhibit and includes all lots with sole access from Beach Street. Four of these lots are large enough to provide for further land divisions and have additional potential units included. One lot is not a buildable lot and has no assessment units attached. Of the 26 total assessable units for the LID, 14 (or 53.8%) are represented on the petition. Priority Improvement Ashland's street system is comprised of 102 miles of public streets. Of this total 10.4 miles of street remain unimproved. Most of these unimproved streets are comprised of native decomposed granite and are prone to high erosion rates and fine-grained dust accumulations. Several of the streets with steeper grades, higher traffic volumes and/or close proximity to creeks and waterways represent significant environmental concerns. Of the 45 remaining unimproved streets, 15 have been listed as higher priority for improvement including (in alphabetical order): 1. Ashland Loop Road 2. Beach Street 3. `C' Street 4. Eureka Street 5. Fork Street 6. Glenview Drive 7. Granite Street 8. Liberty Street 9. Pinecrest Terrace 10. Plaza Avenue 11. Ridge Road 12. Schofield Street / Monte Vista 13. Terrace Street 14. Walnut Street 15. Waterline Road Of these 15 streets the following streets have already been addressed by approved LIDS or CMAQ projects: 1. `C' Street (completed by CMAQ project) 2. Eureka Street (completed by CMAQ project) 3. Liberty Street (LID authorized) 4. Plaza Avenue (CMAQ project authorized) 5. Schofield / Monte Vista (LID authorized) Beach Street is included in the current Capital Improvement Plan and is also included in the budget for implementation. Funding The estimated cost to improve Beach Street is $277,000 including engineering and administration costs. Following is a breakdown of the estimated development and assessment costs in accordance with Resolution No. 99-09. Page 5 of 7 091608 Beach Street LUCC.doc CITY OF ASHLAND Estimated Total Construction Cost $227,000 Estimated Engineering and Administration Cost $50,000 Estimated Total Project Cost $277,000 Less City Credits per Resolution 99-09 75% of storm drain cost (.75x $24,400) $18,300 20% of street surface cost (.20 x $184,020) $36,804 50% of engineering cost (.50 x $50,000) $25,000 60% of sidewalk cost (.60 x $18,580) $11,148 Total Credit Amount $91,252 Project Cost $277,000 Less Credits -$91,252 Assessable Cost $185,748 Number of units in proposed assessment district 26 Estimated per unit cost (assess cost / 26 units) $7,144.15 Current LID cap per Resolution 99-09 $5,426.00 Maximum LID assessment ($5,426 x 26 units) $141,076.00 Summary Amount to be paid by owners $141,076.00 (51%) Amount to be paid by City $135,924.00 (49%) Total project cost $277,000.00 (100%) Budget Allocation The current budget allocates $150,000 for FY 09 and $200,000 for FY 10 for a total budget allocation of $350,000 for the improvement of Beach Street. This allocation is mirrored in the Capital Improvement Plan. Related City Policies: AMC Chapter 13.20 Local Improvements and Special Assessments Council Options: 1. Council may approve or reject the attached resolution setting a public hearing to consider the formation of an LID to improve Beach Street, or; 2. Council may elect to delay the public hearing for the proposed improvement of Beach Street pending completion of the LID process review. Potential Motions: 1. Move to adopt or deny the attached resolution setting a public hearing to consider the formation of an LID to improve Beach Street. 2. Move to delay the attached resolution pending completion of the LID process review. Page 6 of 7 091608 Beach Street LID.CC.doc ~r, CITY OF ASHLAND Attachments: Resolution with Exhibit A and attachments Vicinity Map Petitions Photographs Page 7 of 7 091608 Beach Street LID.CC.doc 11FAW, RESOLUTION NO. 08- A RESOLUTION SETTING A PUBLIC HEARING WITH INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF IMPROVEMENTS TO BEACH STREET CONSISTING OF SIDEWALKS, CURBS & GUTTERS, PAVING, DRAINAGE AND ASSOCIATED IMPROVEMENTS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. It is the intention of the Council to commence improvements to construct sidewalks, curbs, gutters, paving, drainage and associated improvements to Beach Street. SECTION 2. The boundary description of the local improvement district is described as those lots fronting on or having sole access from Beach Street as depicted on Attachment Nos. 1 and 2 to Exhibit "A". SECTION 3. The city engineer's estimated cost of these improvements, including engineering and administration costs, and the proposed allocation of the cost among each of the property owners specially benefited for Beach Street is $277,000.00 of which $141,076.00 will be paid by special assessments on benefited properties. Costs will be allocated based on the Resolution 99-09 capped amount of $5,426.00 per equivalent dwelling unit or potential equivalent dwelling unit within the assessment areas as depicted on Exhibit "A". SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center, 1175 East Main Street on November 18, 2008, at 7:00 p.m., at which time and place the owners of the benefited properties may appear or submit written comments prior to or at the hearing as to why the improvement should not be constructed or why the benefited properties should not be assessed in the manner proposed. SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and by mailing copies of the notice by first class mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. SECTION 6 This Resolution takes effect upon signing by the Mayor. Page I of 3 This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of 2008. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2008. John W. Morrison, Mayor Reviewed as to form Richard Appicello, City Attorney Page 2 of 3 EXHIBIT "A" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on November 18, 2008 at 7:00 p.m. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a local improvement district as follows: NATURE OF THE IMPROVEMENT: Sidewalks, curbs, gutters, paving, drainage and associated improvements to Beach Street. BENEFITED: Those lots fronting on or having access solely from Beach Street as depicted on the attached map and table referred to as Attachment Nos. 1 and 2. ESTIMATED COST: The estimate of the local improvements including engineering and administration costs is $277,000.00 for Liberty Street of which $141,076.00 will be paid by special assessments on benefited properties. Additional information regarding the proposed improvement or method of assessment may be obtained at the Engineering Division, 51 Winburn Way, Ashland OR, phone number 488-5347, weekdays during the hours of 8:00 AM to 4:30 PM. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the improvements should not be installed or why the benefited properties should not be assessed in the manner proposed. If two-thirds of the property owners to be benefited object to the improvement, the improvement will be suspended for six months. Page 3 of 3 C I T Y OF - 2400 2402 ASHLAND _ Boundary Proposed Beach Street Improvement " 3700 -_X... LID Boundary i Represented R Attachment No. 1 to Exhibit A Petition N 0 125 250 ^ 3701 Feet N 1 inch equals 100 feet 00 100 ~ 5900 i r 3~4 I .r u~, N I i 5800 1 1 4000 ~ a96o i ! 570D ! t 201 5600 5801 I 4400 ! 4100 1 4r~ 1 _1 1 5500 - 1 4300 1 !v 4800 1 4200 5400 ` w ` i 1 i 1 1 ' 1 5300 1 1 4800 1 5201 ~ i t 4700 1 1 IIII~ ( 1 1 1 1 i 1 1 1 300 1 i 5061 i 1 4900 . 1 5200 i 1 1 1 ! 1 I 5060 ~ _ . 4901 m.. .°.~~"~.a..a..~..._ 5108 5109 5104 W F °o °o °o °o °o °o °o 00 0 ee++ z N VG] O N O N N N N N N r ~ Vi e+ C ~Y 7 a V ~ e{ N o0 W < v, v, v, ~n vi vi vi `O O ~ a f~ 69 fA b9 V1 69 fA 6A 1A e F W W o 0 CD O o 0 o O o 0 F a F. pW., .o ~o ~o o 'c ~c ~c •o ~o ~o V] N N N N N N N N N N F v v_ q v_ a v v v_ a v a W ll~ Wa rn a~~ ° Q z ~ ~ m ,o W Y ~ C n Y W o S. 0. _ C N a p u .iy ~n .tO. Q ce v W O W y s v V u u V O-° OCQ 'oN-" ON LU O ? ~m W m z W 3 d'd a O ° v tVU W.'T.r o rn t`N c rn o U A y rn .a rn o• o iU c a, ¢ 3 A rn °`f a d F. co V) 04 0 E y oc~U oa ~O sO c~0U.0 o Z y ? v,d ¢ "v Kb z yo AG A~.°, Arvm "v to: U c . W 3 0 c o c .`9 - - v e a~ o c a n a0< `"O m °.ao y Rp y R~Q o`~ m E.v ...1 C7¢artn~N¢,...i ooQ3s.¢ W rU Wao¢w NFV,3a¢ rn¢ E Q ~ 0 a O z n p Z c 10 v o ~n ~o d E r O 7 a m P c O m O v, N M h N .y R a a a o o 10 o s 0 0 0 0 0 0 0 ~ o o 0 o w a a r w F' O P T 7 7 V V 7 Z c < w w w w W I:l W W W W . o a a o a o a F-. rn + a, M M M M M M M M M M ; d 6 Z N M 7 h ~ r m 'S ~ U 0 O O 0 O O 00 0 O O O N V ~p ~D `G 16 16 16 16 16 tn N N N N N N N N `D V 7 C C 7 Q Q 7 yj ~ N V1 Vl VI h Vt Vl Vl V'1 ti VI fA V3 fA 69 f/1 (A M 69 69 O O O O O O 0 C) O O O 0 Q 16 16 16 16 16 16 16 V V 7 V r4 R R V O v1 h h h H h ul h h F 69 fA 69 b9 Vf M f~ Vi Y3 fA N y F O A T ~ ~ z w a' ~ w y ¢ z u 2 CA u u J Vf v Q 73 0 U ON Z ° n 9 o S 3 2 0 yj t vt y H G Vl ❑ ~ q Vt -i yl F ~ ~ ~ .`nl ~ ~ m P O T a, y Ol "'I P P C- P O Na mina oinp; ina u~a uind mina: ~!-1nfYCina Qi F o uC~ uOF uCG1 ~O ~0= ~O ~O Yd,>_.50 ce ~C c` 3 UO c rr c c a`°i c a c 4 v c a v c 'u J o v c o u =d fA n E 0.1 ~ " m n C1 S'i 5 Rr y 9 m .a 0] n > w .r ~ ~ ~o y v^~ E-~rc~~y^._~= - yt`^ y v ~o y~ vo y Q ~ Q ~ P Q ~ ~ Q F oPO ¢ ~ oo Q ~ orol Q,0. ao Q NJ ~ CO oo Q 0. 0o Q r u v1 v M V1 M M Q ~ 00 P D v, r P - o ^ oo m O ^ N N O 1/1 7 M ~%1 10 10 00 o P o0 0o n o P o g O 'z o O O o o o a a O O O c a a w w 0 0° o °o °0 0 0 °0 0 0 O N N M C vi ~O r- 00 P U vl h h ~/1 Vt v1 Vl vt vl vl y C~ w A Q ~Q Q Q O ¢ Q LZ W W W W W W W W W L•l P P P P P P P P P P f M M M M M M M M M M 3! G 0 ^ N M Q `0 ~ ~ P N V °d o 0 ¢ w Lf) U 5 a s' 1 Y e ~ ~nvaaa~rM. . _ ;CYO 1• ? :u MYN53Y9, el x r. • ~ " ``a'te; ~ ' i r u ?L. 1 i ~ u I.J, V o PETITION FOR STREET IMPROVEMENT LOCATION: Beach Street, south of Glenwood Drive RECEIVED BY THE CITY ENGINEER/;k DATE: G ^1o ✓ o 7 NOTICE TO PETITIONERS: Persons sig77ni``ng this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: in accordance with plans and specifications therefor as shall be adopted bythe City of Ashland and the cost of such paving and improvements be assessed upon the real property beneftted thereby and that we are the owners of the real property fronting (or benefitting) on said street. Name (Ple nt) Address Tax Lot j'~ ~I Sf. A lpn 5~vo '9! L*Mt~Lzn Ml l d ea i V- U 10,7 A,- 1X,5 Y 4° /f 'l Z t . ,4 ;b goo t &JAI S+ E a hLA,~~, 4soo S inr Fe C ee4 ga~ o~ . -Yost > 4N W CQ o0 d pE N r' " GDaw \Streetwebtbn for Street Impmvement Fo,mmpd PETITION FOR STREET IMPROVEMENT LOCATION: Beach Street, south of Glenwood Drive RECEIVED BY THE CITY ENGINEER• DATE: 109167 NOTICE TO PETITIONERS: Persons Wing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefitted thereby and that we are the owners of the real property fronting (or benefitting) on said street. Name (Ptea Print) Address Tax Lot gf~ -~~nn G:13 Mn Stre WeSbon (pr Street Improvement Fon .wpd 0 RECEIVED JUL 1 4 2008 (I PETITION FOR STREET IMPROV ENT LOCATIONS Beach Street, south of Glenwood Drive 1 Of Ashland RECEIVED BY THE CITY ENGINEER: DATE?//Z Wj NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record. or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement It title to any parcel of property is in the name of two or more persons. all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefitted thereby and that we are the owners of the real property fronting (or benefitting) on said street Name ipiease varo; Address Tax Lot P"w4a DOWNEY 130 BEALN 3 -r g5bj*0 /AMPPP I - r w fi Beach Street - Looking south to end of project t Beach Street - Looking south from the end of existing street improvements r~ _ a[ g Beach Street - Looking north -M&A L EAGUE 83rd ANNUAL LOC CONFERENCE °_f Oregon C I T I E S October 2-4, 2008 ■ Salem Conference Center Designation of Voting Delegate at Annual Membership Meeting The annual membership meeting will be held Saturday, October 4, at 8:00 a.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday morning prior to entering the business meeting. NOTE: Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FOR THE CITY OF &md VOTING DELEGATE: /J Name J ~/zQS Title I.VrL1 liSj1~/I ALTERNATE: Name Title Return by September 17 to: Submitted by / (Signature) League of Oregon Cities /l~,,D1~„i~r C~ I Attn. Wendy Denney Name ,!~'~~''r'~'~fT P.O. Box 928 ~CG Salem, OR 97308 Title Fax: (503) 399-4863 Telephone ~ ~ 7 LEAGUE °f Oreqon CITIES P.O. Box 928 • Salem, Oregon 97308 (503) 588-6550 • (800) 452-0338 • Fax: (503) 399-4863 w .orcities.org August 25, 2008 TO: City Managers, Administrators and Recorders FROM: JoAnn Ghelfi, Conference Manager Enclosed are the voting delegate and equipment exchange forms for the League's annual conference, to be held October 2-4 at the new Salem Conference Center. We ask that these forms be completed and returned to the League office by Wednesday, September 17. The equipment exchange provides you the opportunity to advertise the sale of equipment, autos, etc. you may have, as well as to make known your interest in purchasing a specific item. Responses received will be displayed on a bulletin board near the League's registration desk during the conference. The voting delegate form tells us who will be voting on behalf of your city during the Annual Membership Meeting on Saturday morning, October 4. Please note,that delegates may not vote without a voting card, and voting cards will be issued only to the voting delegate or alternate listed on the voting delegate form. Voting by proxy will not be permitted. The voting cards will be available the morning of the 4a', just prior to the business meeting. Thank you, and please let us know if you have any questions. We look forward to seeing many of you in Salem. JG:kab Enclosures "Getting it done for Oregon's cities!" CITY OF ASHLAND Council Communication Parking Ordinance Amendments Meeting Date: September 16; 2008 . Primary Staff Contact: Richard Appicello Department: City Attorney's Office E-Mail: Appicelr c,ashland.or.us Secondary Dept.: Public Works Secondary Contact: Megan Thornton Approval: Martha Berm At Estimated Time: 15 minutes Question: Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance Relating to Parking Regulations, Allowing Use of Immobilizing Device, Authorizing Towing, Removing Downtown Parking Limitations, Updating and Correcting Parking Processes and Procedures, Amending AMC Sections 11.08.080, 11.28.060, 11.28.080, 11.28.090, and 11.28.110, and Repealing AMC Chapter 11.30 and AMC Section 2.28.215" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for October 7, 2008. Background: The First Reading of this Ordinance was not completed on September 2, 2008. A motion to approve first reading was made and seconded, then a motion to amend the main motion was made and seconded (to delete Section 8, Paragraph A,). At that time a motion to place the matter on the table was made, seconded and passed. This office has prepared answers to questions posed during the meeting (see attached memo) and incorporated the two changes distributed at the meeting (so that they need not be read in full). The finance department requested review of the parking ordinance to determine if the process of collecting parking fees was an efficient means of collecting payments. While the ordinance was under review the City formed a Downtown Task Force to evaluate a number of concerns in the downtown district. During those meetings, employee parking was also discussed. Some of the changes which arose out of the legal department's review and the downtown task meetings include: Both Ashland Municipal Court and Diamond Parking have authority to send past due fines to a collection agency (See 11.24.100), Timelines for valid appeals are stated (See 11.24.100). ■ An exemption was added for vehicles of state agencies and vehicles with valid delivery or construction permits (See 11.24.090), ■ Use of an immobilization device and towing is authorized (See 11.24.110), and ■ Issuance of a warning letter is possible before a show cause order is issued (See 11.24.110). Related City Policies: City Charter Article 10, Ordinance adoption provisions Page I: 09-16-08 Parking Ordinance CITY OF ASHLAND Council Options: (1) Move to approve First Reading and continue the matter to October 7, 2008 for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading for October 7, 2008. Attachments: (1) Proposed ordinance (2) Repealed sections (3) Memo on Questions from 9-02-08 Pagel 09-I6-08 Parking Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO PARKING REGULATIONS, ALLOWING USE OF IMMOBILIZING DEVICE, AUTHORIZING TOWING, REMOVING DOWNTOWN PARKING LIMITATIONS, UPDATING AND CORRECTING PARKING PROCESSES AND PROCEDURES, AMENDING AMC SECTIONS 11.08.080, 11.28.060, 11.28.080, 11.28.090, AND 11.28.110, AND REPEALING AMC CHAPTER 11.30 AND AMC SECTION 2.28.215. Annotated to show deletieas and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, City processes and procedures concerning parking regulations are in need of clarification; and WHEREAS, the City would like to remove downtown employee parking restrictions in lieu of voluntary parking measures by downtown employers relative to their employees; and WHEREAS, the City would like to authorize the installation of an immobilizing device on vehicles and towing of vehicles in certain circumstances for persons with specified levels of unpaid parking violations, and WHEREAS, the City wishes to provide more process and procedures before resulting to issuance of a warrant in the case of parking violations. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.28.215 [Municipal Judge - Parking Violations] is hereby repealed. SECTION 2. Chapter 11.30 [Downtown Parking District] is hereby repealed. SECTION 3. Section 11.08.080 [Block] is hereby amended to read as follows: 11.08.080 Block A segment of a street bounded by consecutive cross streets or intersecting streets, The land surrounded by street and otheF Fight of way etheF than an alley, or land which is designated as a block on any recorded subdivision map. Notwithstanding the above, for purposes of Chapter 11.24 a block shall also include the plaza area bounded by and including, East Main Street, North Main Street, and Winburn Way. SECTION 4. Section 11.24.100 [Collections; Enhanced Penalties; Appeals] is hereby added to read as follows: 11.24.100 Collections: Enhanced Penalties: Appeals. Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 1 of 6 The Municipal Judge or City contracted parking enforcement provider is authorized to assign any and all unpaid parking violations to a collection agency or agencies for collection of the penalty provided for such violations. The penalties for parking violations as provided in the Ashland Municipal Code shall be enhanced in each case when the defendant fails to appear or post bail within the time required by the citation as follows: A. When the defendant fails to appear or post bail within ten (10) days of the due date thereof, the penalty shall increase by Ten Dollars ($10.00). B. When the defendant fails to appear or post bail within thirty (30) days of the due date thereof, the penalty shall increase by Thirty Dollars ($30.00). C. When the defendant fails to appear or post bail within fifty (50) days of the due date thereof, the penalty shall increase by Fifty Dollars ($50.00). A defendant who fails to appear or post bail within the time required by the parking citation or penalty enhancement waives any objection, and cannot contest or appeal the initial parking violation or penalty enhancement previously imposed. Any fines or penalty enhancements that have not been paid to the contracted parking enforcement provider shall be deemed a debt owed by the defendant to the city. Any person that continues to owe money to the city for more than 50 days under the provisions of this chapter may be submitted to a collection agency by the contracted parking enforcement provider. Notwithstanding any other remedy provided in this code, including immobilization, towing or warrant, a default judgment may be taken by the Court following any failure to appear or penalty enhancement and the matter referred to a collection agency. SECTION 5. Section 11.24.090 [Exemption] is hereby amended to read as follows: 11.24.090 Exemption The provisions of this chapter Chapters 11.24 and 11.28 regulating the parking or standing of vehicles shall not apply to a vehicle of a State Agency, City department or public utility necessarily in use for construction or repair work, or to a vehicle with a Special Permit for Delivery. Maintenance or Construction or to a vehicle owned by the United States while in use for the collection, transportation, or delivery of the United States mail. SECTION 6. Section 11.24.095 [Special Permit for Delivery, Maintenance or Construction] is hereby added to read as follows: 11.24.095 Special Permit for Delivery, Maintenance or Construction A. Loading and unloading of vehicles shall be permitted as provided in the Ashland Municipal Code. B. A Special Permit may be granted by the City Administrator, or designee, when substantial evidence is submitted that demonstrates that an exemption Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 2 of 6 from the two or four hour time limits for parking is necessary based on the size or complexity of a delivery or for the safe and convenient placement of construction, repair or maintenance vehicles adiacent to a construction. project or job site. C. The Special Permit must be prominently displayed in the vehicle while parked in the restricted parking area. Vehicles displaying the Special Permit shall be exempt from the provisions of Section 11.24 and 11.28 concerning two or four hour parking limitations, but must abide by all other traffic and parking regulations, including loading zone parking time limits. SECTION 7. Section 11.28.080 [Violation - Penalties] is hereby amended to read as follows: 11.28.080 Parking Violation - Prohibition Penalties A parking in#faetien violation is a violation of any parking prohibition, limitation or regulation of the City of Ashland. A vehicle parked in violation of this chapter shall have a notice of violation attached to the vehicle and the owner or operator of the vehicle shall be subject to the penalties provided in Section 1.08.020 and this chapter, and may be subject to the impounding of such vehicle as provided in Chapter 11.36. A person who commits a parking infraetien violation may not suffer any disability or legal disadvantage based upon conviction of a crime. SECTION 8. Section 11.28.110 [Fines for parking infractions and warrants of arrest] is hereby amended to read as follows: 11.28.110 Fines Penalties for parking inffastiens violations: immobilization, towing, and show cause and warrants ^~t A parking *RfFaGtwnn is a violation Gf any parking prohibition, limitation 0 regulation of the City of Ashland. A peFSon who Gommits a parking WF2-rtin-n, Grime, .,d the penalty shall be limited 1 a fine not 4 d 1150 Provided, five or more aFkin in fr .bons in aRY +1.. d+ hall pay an additional fine of $50. in the tFial of a person Gharged with a paFlking infraGtien, neither the defenclant n_r the Cit.. of Ashland .c.hall be entitled to trial i-,..al 6 If ~ by jury. ..-a parking ,'..fr....t:^n fails to appeaF any t' foxed 6 the Court, ..t for the arrest of S ..6 person 6 d A. Fine. Fines shall include the original ticketed amount as well as any enhanced penalties. In addition, a person who commits three or four parking violations in any calendar year shall pay an additional fine of $25, and a person who commits five or more parking violations in any calendar year shall pay an additional fine of $50 for each five parking violations they receive in that year. Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 3 of 6 B. Immobilizer (boot) Installation and /or Towing. (1) When a driver, registered owner, or person in charge of a motor vehicle has either (1) five or more outstanding unpaid City of Ashland parking violations on any number of motor vehicles, or (2) a City of Ashland parking violation, or any number of such violations, with a total unpaid balance that exceeds $250, regardless of the number of motor vehicles involved, then anv police or parking enforcement officer, or contracted parking enforcement provider of the City is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found upon a public street or city off-street parking lot by installing on or attaching to the motor vehicle a device designed to restrict the normal movement of the vehicle. In the alternative, or in addition to immobilization, after 24 hours has elapsed, any police or parking enforcement officer or contracted parking enforcement provider of the City is authorized, directed and empowered to order such vehicle towed, by a licensed tow company under contract with the City or the City's contracted parking enforcement service provider, as applicable. (2) For purposes of this section, bail or fine shall be outstanding on a citation when the citation is issued and shall remain outstanding until the bail is posted or the fine is paid. (3) Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City's contracted parking enforcement service provider shall place a notice on the vehicle or mail a notice by certified mail, return receipt requested, to the registered owner of such vehicle as shown by the records of the Oregon Motor Vehicles Division notifying the owner that the motor vehicle or vehicles may be immobilized and/or towed ten days after the date of mailing the notice herein for failure to pay outstanding parking bail or fines. (4) If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on a form approved by the city, advising the owner, driver, or person in charge of the vehicle that it has been immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted parking enforcement service provider. The notice shall also specify that the vehicle is subject to tow. (5) In the event the vehicle is towed, the person who orders the tow, shall send by certified mail, return receipt requested, a notice advising the registered owner of the vehicle that it has been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towing company of full payment of the outstanding balance owed. (6) A vehicle towed and impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of private tow companies under contract with the City or the contracted parking enforcement service provider may be used for the removal and storage of the vehicle. Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 4 of 6 C. Warning Letter, Show Cause, and Warrants. (1) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by first class mail informing the defendant they have outstanding parking tickets and that their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. (2) Show Cause. The Ashland Municipal Court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt of court, including contempt for failure to appear as ordered or failure to comply. The show cause order shall be mailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the appearance date: alternatively service may be made by any other recognized method; such as personal service according to the same timeframe.. (3) Warrant. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. SECTION 9. Section 11.28.060 [City Parking Lot] is hereby amended to read as follows: 11.28.060 City Parking Lot Parking in the parking lot owned by the City immediately adjacent to the public library, which is on the southwest corner of Gresham Street and East Main Street, is limited to two hours tepr. '.t that e":. ployees of the ubli^ library Fn:~ k for -a r....,.... F,... len^ ..ed of time the spares pFesently designated as employee parking spaces. SECTION 10. Section 11.28.120 [Parking Fine Surcharge] is hereby added to read as follows: 11.28.120 Parking Fine Surcharge There shall be a surcharge of four-dollars ($4.00) on all parking citations issued within the City of Ashland. All revenues received shall be segregated and used only for meeting debt service on bonds issued for parking improvements, leases, and/or future parking improvements and studies. SECTION 11. Section 11.24.070 [Moving Vehicle] is hereby amended to read as follows: 11.24.070 Moving vehicle to avoid parking time limits. Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 5 of 6 The Fneving of a vehirle within a blo-n-k shall not be deemed to extend No person shall move and repark a vehicle within the same block, as defined in AMC 11.08.080, in order to avoid a parking time limit regulation. The time period shall continue if the vehicle is moved to another parking space within the same block, except that the time period shall be terminated if such vehicle is moved to a block that does not have a specified time period for parking. SECTION 12. 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 13. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 14. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' 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 12-14) 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 2008, and duly PASSED and ADOPTED this day of 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance Amending AMC Parking Regulations: First Reading 09-02-08 Page 6 of 6 Sections Repealed By Parking Ordinance 2.28.215 Municipal Judge--Parking Violations The Municipal Judge is authorized to assign any and all parking violations issued to persons residing outside the City limits of Ashland to a collection agency or agencies for collection of the penalty provided for such violations. The penalties for parking violations as provided in the Ashland. Municipal Code shall be enhanced in each case when the defendant fails to appear or post bail within the time required by the citation as follows: A. When the defendant fails to appear or post bail within seven (7) days of the due date thereof, the penalty shall increase by Ten Dollars ($10.00). B. When the defendant fails to appear or post bail within thirty (30) days of the due date thereof, the penalty shall increase by Thirty Dollars ($30.00). C. When the defendant fails to appear or post bail within fifty (50) days of the due date thereof, the penalty shall increase by Fifty Dollars ($50.00). (Ord. 2047, 1979) 11.30 Downtown Parking District 11.30.010 Downtown Parking District - Established A Downtown Parking District which shall encompass the shaded areas depicted on the attached map marked Exhibit :A: and all on-street timed parking spaces and public timed parking facilities within the Downtown Commercial District, Zoned C-1-D. (Ord 2460 S4, 1988; Ord 2519 SI & S2, 1989; 2684, 1992) 11.30.020 Duration and Effect A. Except as provided in subsection B of this section, no person shall, while at such person's place of employment, educational or non-profit institution, cause any motor vehicle owned, operated or controlled by that person to be parked in any one or more parking spaces upon a public street or timed off-street parking facility within the Downtown Parking District, described in Section 11.30.010, between the dates of May 1 and September 30, and between the hours of 8:30 a.m. and 5:30 p.m. on any day except Sunday and legal holidays. Motorcycles parked in designated parking spaces shall be exempted from this Title. B. Subsection A of this section shall not apply to any person parking in the Hargardine Parking Facility. 11.30.030 Special Permits for Loading, Unloading, and Delivery A. Loading and unloading of vehicles shall be permitted as provided in the Ashland Municipal Code. B. A Special Vehicle Permit may be granted by the City Administrator when substantial evidence is submitted that shows that the permit is necessary for frequent delivery and pick-up which is vital to the normal operation of the business, education, or non-profit institution. In the case of real estate offices, up to four (4) such permits may be issued to the office for use by the broker or the licensed 091608 Parking Ordinance.atch1doc Page I of 2 sales persons. In no case shall more permits than the number of sales persons on the largest shift be issued. C. The Special Vehicle Permit must be prominently displayed in the vehicle while parked in the Downtown Parking District. Vehicles displaying the Special Vehicle Permit shall be exempt from the provisions of Section 11.30.020, but must abide by all other traffic and parking regulations, including parking time limits. D. The Special Vehicle Permit shall not be valid on North Main Street or East Main Street in the Downtown Parking District. (Ord 2507 S2, 1989) 11.30.040 Downtown Parking Utility Fee A. There is hereby imposed a fee on all users of City electric utilities in the Downtown Parking District. Such fee shall be one dollar (S 1.00) each month for each parking space required by the utility user, but not provided on private property. B. Uses shall not be considered vacant unless the electric service is disconnected. C. Estimates of parking requirements shall be determined by the data and procedures contained in the Off-Street Parking Chapter of the Ashland Land Use Ordinance, Section 18.92, regardless of whether the zoning of a particular lot requires off street parking be provided. D. In the case of private parking shared among several users, and in the absence of written agreements to the contrary, private parking shall be allocated on a pro-rata basis to the users of the parking. E. All revenues received from said fee shall be segregated and be used only for meeting debt service on bonds issued for parking improvements, leases, and/or future parking improvements and studies. (Ord 2496, 1989 - Effective June 1, 1989, Terminate Jan. 1, 2000) 11.30.045 Parking Fine Surcharge There shall be a surcharge of two dollars ($2.00) on all parking citations issued within the Downtown Parking District. All revenues received shall be segregated and used only for meeting debt service on bonds issued for parking improvements, leases, and/or future parking improvements and studies. (Ord 2507 S3, 1989) 11.30.050 Violation - Penalties Any person parking in violation of the provisions of this Chapter shall receive a written warning for the first violation. Each violation and conviction thereafter, shall carry a fine of not more than twenty-five dollars ($25.00) for the first conviction, nor more than fifty dollars ($50.00) for the second conviction, and not more than one hundred dollars ($100.00) for the third conviction and every conviction thereafter. Any person, business, or institution affected by this Chapter who fails to comply with the requirements herein, shall be guilty of an infraction and punished as provided in Chapter 1.08.020 of the Ashland Municipal Code. (Ord 2377, 1986) 091608 Parking Ordinance.atch2.doc Page 2 of 2 . J City of Ashland Department Legal Memorandum To: City Council From: Megan Thornton, Assistant City Attorney Date: September 10, 2008 Re: Parking Regulations Ordinance Background The finance department requested review of the parking ordinance to determine if the process of collecting parking fees was an efficient means of collecting payments. While the ordinance was under review the City formed a Downtown Task Force to evaluate a number of concerns in the downtown district. Staff prepared an ordinance addressing the issues raised by the City Attorney's office, Task Force, and staff. This ordinance was presented to the Council for a First Reading on September 2, 2008. This memo responds to questions raised at the September 2nd meeting. Suggested Modifications & Answers to Parking Questions 1. Are the penalties in 11.24.100 cumulative? • Recommendation: amend proposed AMC 11.24.100 as follows: 11.24.100 Collections; Enhanced Penalties; Appeals. The Municipal Judge or City contracted parking enforcement provider is authorized to assign any and all unpaid parking violations to a collection agency or agencies for collection of the penalty provided for such violations. The penalties for parking violations as provided in the Ashland Municipal Code shall be enhanced in each case when the defendant fails to appear or post bail within the time required by the citation as follows: A. When the defendant fails to appear or post bail within ten (10) days of the due date thereof, the penalty shall increase by Ten Dollars ($10.00). B. When the defendant fails to appear or post bail within thirty (30) days of the due date thereof, the penalty shall increase by Thirty Dollars ($30.00). C. When the defendant fails to appear or post bail within fifty (50) days of the due date thereof, the penalty shall increase by Fifty Dollars ($50.00). A defendant who fails to appear or post bail within the time required by the parking citation or penalty enhancement waives any objection, and cannot contest or appeal the initial parking violation or penalty enhancement previously imposed. Any fines or penalty enhancements that have not been paid to the contracted parking enforcement provider shall be deemed a debt owed by the defendant to the city. Any person that continues to owe money to the city for more than 50 days under the provisions of this chapter may be submitted to a collection agency by the contracted parking enforcement provider. Page 1 of 3 Notwithstanding any other remedy provided in this code, including immobilization, towing or warrant, a default judgment may be taken by the Court following any failure to appear or penalty enhancement and the matter referred to a collection agency. Enhanced Penalty Table* Days after due date Penalty owed on remittance 1- 30 DAYS Ticket cost plus $10.00 31-50 DAYS Ticket cost plus $30.00 51 or more days Ticket cost plus $50.00 * This table does not include the multiple ticket penalties under AMC 11.28.110, surcharges or other fees authorized under this chapter. 2. How are the late penalties distributed? ■ Response: The late penalties are split between the City and Diamond Parking. The original bail amount goes to the city, including the penalty for multiple tickets, disabled space violation, etc. Diamond only receives a portion of the late fees in order to cover the cost of mailing delinquency notices & processing payments. The late fees are split as follows: $10 late fee, City $6.50, Diamond Parking $3.50, $30 late fee, City $25.00, Diamond Parking $5.00, and $50 late fee, City $20.00, Diamond Parking $30.00. 3. Is loading and unloading, which is used in 11.24.095, defined in the ordinance? • Response: No, the ordinance does not define "loading" and "unloading", and neither does the Oregon Vehicle Code. When a term is not defined its normal usage applies; therefore, the dictionary definition of "loading," which is the act of putting anything in or on something for conveyance or transportation, would apply. Both State law and the AMC exempt loading from the definition of parking. See AMC 11.24.030 and ORS 801.380 below. AMC 11.24.030 No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious wiloading and delivery or pickup and loading of materials, freight, or passengers in a place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. In no case shall the stop for loading and unloading of passengers and personal baggage exceed five (5) minutes, nor the loading or unloading of materials exceed fifteen (15) minutes. ORS 801.380. "Park" or "parking." "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. 4. There was a motion to remove Section 8(A), which is AMC 11.28.110(A). Page 2 of 3 ■ Clarification: The multiple ticket penalties are the penalties that are currently in effect. See the strike-through language. The provisions are reordered in this section. • Recommendation: The following additions and changes to the proposed 11.28.110 would clarify the penalties: 11.28.110 A. Fine. Fines shall include the original ticketed amount as well as any enhanced penalties. In addition, a person who commits three or four parking violations in any calendar year shall pay an additional fine of $25, and a person who commits five or more parking violations in any calendar year shall pay an additional fine of $50 for each f+ve parking violations they receive in that year. Multiple Violation Penalties' Number of violations Additlonai P.enatty 3 violations $25.00 for each violation 4 violations $25.00 for each violation 5 or more violations $50.00 for each violation `This table does not include the base fines, enhanced penalties, surcharges, or other fees authorized under this chapter. Page 3 of 3 CITY OF ASHLAND Council Communication First Reading of the Proposed Affordable Housing Trust Fund Ordinance (AHTF); Resolution establishing the AHTF administrative policies and procedures; Resolution dedicating loan repayments from the Ashland Rehabilitation Loan Program Deferred Payment Loans to the AHTF Meeting Date: September 16, 2008 Primary Staff Contact: Brandon Goldman Department: Community Development E-Mail: goldmanb@ashland.or.us Secondary Depts.: Legal Department Secondary Contact: Bill, Molnar Finance Departbill@ashland.or.us Approval: Martha BenneAl Estimated Time: 45 minutes Questions: • Should the Council approve first reading of an Ordinance establishing an Affordable Housing Trust Fund (AHTF)? • Should the Council approve the Resolution to establish policies and procedures for administering the AHTF? • Should the Council approve the Resolution to dedicate loan repayments from the Ashland Rehabilitation Loan Program Deferred Payment Loans to the AHTF? Recommendations: The Housing Commission unanimously supports approval of the proposed Ordinance creating the Affordable Housing Trust Fund (AHTF), the proposed resolution establishing policies and procedures for administration of the Trust, and the proposed resolution dedicating Community Development Block Grant loan repayments to the AHTF. Staff recommends approval of the Ordinance, and associated Resolutions as proposed. Background: The development of the Affordable Housing Trust Fund (AHTF) Ordinance, and the Resolution establishing the policies and procedures for administering the AHTF, was initiated with the approval of the Affordable Housing Action Plan in May of 2003. The 2003 Affordable Housing Action Plan called for the establishment of a Housing Trust Fund as a key strategy (Sections 1B, and 1C attached) for the City to undertake to support the development of affordable housing. In recognizing that the private market has yet to provide the full range of needed housing types, the AHTF can provide support to the development or retention of housing that is affordable to households earning less than 120% the Area Median Income. The proposed Ordinance simply establishes the Affordable Housing Trust Fund. In addition to this Ordinance two additional Resolutions are proposed. The first Resolution outlines the policies and procedures guiding the use of any Housing Trust Fund revenue, and a second proposed Resolution would direct approximately $99,000 in future loan repayments made to the City as part of a 1985 Rehabilitation Program into the Affordable Housing Trust Fund. Page 1 of 6 091608 Housing Trust Fund.Mdoc CITY OF ASHLAND Public Involvement History Public involvement regarding the purpose and details regarding administration of an Affordable Housing Trust Fund has been incorporated from the onset of this undertaking. Key interviews with regional affordable housing providers were conducted with the Housing Authority of Jackson County, Access Inc., the Ashland Community Land Trust, and the Rogue Valley Community Development Corporation, and these interviews served to identify funding gaps that could be well served by the formation of a local Housing Trust Fund. In February and March of 2007 a public survey was direct mailed to 80 individuals and businesses in the community, and was posted as an online survey on the City website for the general public to assist at identifying housing needs, potential uses for a trust fund, and potential financing mechanisms that would be supported or not. The City received 69 responses to the survey helping further inform the formation of the Affordable Housing Trust Fund Policies and Procedures. A Public Forum was held on October 30`h, 2007 with the nationally recognized expert on Housing Trust Funds, Mary Brooks, presenting on the topic. This forum was universally considered` informative by those in attendance and further provided another opportunity for public involvement in advance of the drafting of the proposed Ordinance and associated Resolution. The full Housing Commission held numerous public hearings in 2007 and 2008 during the development of the Ordinance and Resolution, culminating in their final review on June 26th, 2008 (minutes attached). As a direct result of these community outreach efforts the City established a dedicated webpage and email database to keep interested parties and the general public informed of public meetings and provide drafts of proposed components of the draft Affordable Housing Trust Fund. These archived materials, and the currently proposed ordinance and associated Resolutions, are available online at www. ashland.or. us/ht f Affordable Housing Trust Fund Ordinance This Ordinance enables receipt of donations, grants, sale of surplus property, and other funding source(s) approved by the City Council, to be directed into the Affordable Housing Trust Fund for housing projects or programs that address the housing needs of Ashland residents. The Ordinance establishing the AHTF is a means of securing a dedicated location within the City General Fund for funding that is earmarked or dedicated explicitly as affordable housing funds. Lastly the proposed Ordinance references the Resolution Establishing Policies and Procedures for Administration of the AHTF as described below. Resolution Establishing Policies and Procedures The Resolution Establishing Policies and Procedures is referred to as the "platform" of the Affordable Housing Trust Fund (AHTF). This proposed Resolution outlines the purpose of the AHTF, describes eligible applicants and appropriate uses, and describes the fund administration and award process. Page 2 of 6 091608 Housing Trust Fund.CC.doc CITY OF ASHLAND Purpose: Section 1 The purpose of the resolution outlining the policies and procedures of the Affordable Housing Trust Fund is to establish the methods by which funds will be administered, who is eligible apply for funds, and what uses these funds can support. The primary purpose of the AHTF would be the rehabilitation, preservation and production of quality, well designed rental and homeownership housing for households earning less than 120% the Area Median Income. It is expected that the local contributions made through Ashland's Affordable Housing Trust Fund will assist in maximizing the leveraging of state and federal funds, as well as encourage private sector investment in affordable housing. The underlying premise behind many of the proposed policies is that the AHTF should remain flexible to changing conditions and thus a broad range of eligible applicants and uses has been incorporated into the platform (policies and procedures). Eligible Applicants: Section 2 The Ashland Affordable Housing Trust Fund platform (Policies and Procedures Resolution) allows many different types of organizations to be eligible to receive financing, provided they are meeting the underlying purpose of the AHTF and their proposal is an eligible use of funds. Eligible applicants may include governmental subdivisions, community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non-profit housing organizations, other non-profit organizations, for-profit entities, and private employers. Eligible Uses and Activities: Section 3 The determination of how trust funds would be used is essential to ensure that the mission of the AHTF is being carried out. To ensure some measure of flexibility in the trust fund it has been discussed that providing a broad list of eligible activities is preferable to a narrow scope. However each of the items identified is clearly related to the provision, or retention of affordable housing, or in support of programs that assist residents in obtaining affordable housing. Such uses are fully listed in Section 3.5 of the proposed resolution and include: • Acquisition and Construction of new affordable housing • Conservation of energy in affordable housing through the use of "green" technologies • Land Banking • Predevelopment activities undertaken by a community development organizations • Bridge loans • Capacity Building for non-profit affordable housing providers • Rehabilitation and Emergency Repairs as part of an established program • Direct benefits to low-moderate income households through an established program • Transitional and Emergency Housing for homeless individuals and families through an established program The listing of Eligible Uses and Activities contains the stipulation that all funds dedicated to a project must benefit households earning less than 120% the Area Median Income, and that any units developed with AHTF assistance shall comply with City affordability standards per resolution 2006- 13. The existing Resolution 2006-13 correlates housing costs to not exceed 30% the income of the various income levels (60, 80, 100 and 120% Area Median Income) by establishing maximum rents Page 3 of 6 091608 Housing Trust Fund.CC.doc ~r, CITY OF -ASHLAND and sets forth the method to calculate purchase price (to include Principle, Interest, Taxes, Insurance, and Homeowner Dues). It is understood that the AHTF would not be in a position to fund every activity in any given year, thus it did not seem reasonable to exclude potential uses under the expectation that we would consistently receive applications for the most preferred uses. The Request for Proposals (RFP) competitive award process would allow for a more targeted solicitation, for specific project types, upon issuance of the RFP. Flexibility in the listing of eligible uses is further provided for under Section 3.5.j in allowing the City Council to establish `Other Uses' provided the use supports the development or preservation of affordable housing within the City of Ashland. Preferences: Section 4 To provide further direction to potential applicants, guidance in the form of Preferences was incorporated into the Affordable Housing Trust Fund's policies and procedures. The Housing Commission, in developing the AHTF policies and procedures, did express a clear position that the creation of new affordable housing was seen as a preferred use of funds, over uses that retained or rehabilitated existing affordable housing. The survey results received and comments at the public forum held on October 30, 2007 also noted a preference for directing any AHTF funds to benefit households at 80% of the Area Median Income (AMI) or less, as opposed to targeting benefits to households at the 120% AMI level. Ultimately such preference' would be reflected in the weighted numeric ranking of the selection criteria in the issuance of a RFP. The general criteria for an RFP are more fully described in Section 7 of the proposed resolution. Fund Administration: Section 5 In this section of the proposed resolution it stipulates that funds dedicated to the Ashland Housing Trust Fund shall be exclusively reserved to support the eligible uses identified within the AHTF and shall not be used for the general operation of the City. The Affordable Housing Trust Fund (AHTF) is to be structured so that applications for funds are reviewed by the Housing Commission and Staff, and recommendations are provided to the City Council for final awards The annual award process is intended to run concurrent with our annual issuance of Community Development Block Grant Request for Proposals (RFP) to streamline the process for applicants and the City. The resolution as proposed provides for the issuance of an annual RFP (Section 5.5) as well as the option to issue a Notice of Funding Availability (NOFA) (Section 5.4) for up to 10% of the AHTF revenue. This NOFA option would enable the City to find continuing housing programs exclusive of the annual RFP process if so desired, as well as to remain responsive to immediate opportunities that may arise. Match Requirements: Section 6 The Ashland Housing Trust Fund is intended to support the development of needed housing, but is not intended to provide the sole source of funding for any development project or housing program. To this end the proposed Resolution establishes that the AHTF contribution shall not exceed more than 50% of the total project, or program, cost. Page 4 of 6 091608 Housing Trust Fund.Mdoc 1r, CITY OF ASHLAND Allocation of Funds: Section 7 This section of the proposed Resolution outlines an annual Request for Proposals process and allows for a Notice of Funding Availability process to distribute AHTF funding on an annual basis. The competitive award process is established to run concurrently with Community Development Block Grant RFP to streamline the application process for prospective applicants, and to gain review efficiency for the City. The Notice of Funding Availability section (7.2) was incorporated into the platform after discussions with affordable housing providers regarding the need to retain some measure of flexibility in recognition that the nature of affordable housing development is often opportunity dependant. Specifically in acquisition of property the ability to wait for an annual RFP process is not always possible in a competitive real estate market. The NOFA process would allow the City to be responsive to such mid year requests from qualified applicants. The Housing Commission believed that competition through the annual RFP process would be advantageous in identifying the best proposals, therefore stipulated their belief that funds awarded through a NOFA process should be limited to no more than 10% of the annual AHTF revenue in a given program year. This limitation would ensure the vast majority of funds (90%) were subject to the competitive process outlined in section 7.1. AHTF Grant or Loan Award Threshold and Selection Criteria: Section 8 The selection criteria provided in Section 8 were developed to assist in the issuance of the annual Request for Proposals. The early draft of these selection criteria included weighted numerical values associated with each item, however upon final review by the Housing Commission it was decided that such numeric values could better be added at issuance of the annual RFP to reflect changing priorities in future years. By incorporating them in the Resolution itself it would not allow them to fluctuate without amending the Resolution. The criteria listed are largely consistent with the criteria utilized in the annual Community Development Block Grant RFP and will thus be useful in simultaneous review of applications. Further criteria 8.17 allows flexibility in an annual RFP issuance to establish new criteria to reflect specific priorities that may arise in future years: Additional selection criteria may be developed and included in the annual RFP to best direct AHTF resources toward an identified priority need. Resolution Dedicating CDBG Rehabilitation loan Repayments to the Affordable Housing Trust Fund The value of a local Affordable Housing Trust Fund will ultimately be in the establishment of a sustainable funding stream available to support affordable housing activates. To obtain this sustainable funding source the City will need to evaluate potential revenue sources. By establishing the AHTF Platform at this time, it will assist in articulating how any future funding directed into the AHTF would be applied, and therefore help clarify funding needs. The Housing Commission is continuing its work in examining potential revenue sources to present to the Council for consideration in the coming year. In advance of identifying this sustainable funding stream, the attached Resolution dedicating repayments of rehabilitation loans to the City that were granted in 1985 is presently being proposed. These 1985 loans are paid back over time and if the Resolution is approved they would provide an initial small stream of income into the newly created AHTF. Page 5 of 6 091608 Housing Trust Fund.Mdoc Imo, CITY OF ASHLAND As of the beginning of this fiscal year there remained 21 outstanding CDBG rehabilitation loans totaling $99,843. Given these are 0% interest loans, and repayments are only triggered when a property sells, is refinanced, or is transferred (inherited), the repayments are intermittent and limited to a few loan repayments annually. In 2004-2005 due to the increase in refinancing many of the original loans were paid off at that time. Due to the unpredictable nature of repayments these funds are currently directed to capital improvements when received in a given year. Upon approval of this proposed Resolution these funds would instead be redirected to the AHTF to support affordable housing. Specifically the proposed Resolution would direct any loan repayments made after July 1 2008 (the beginning of this fiscal year) into the AHTF. This date is relevant as in July of this year the City did receive a repayment for 4 of these 1985 CDBG Rehabilitation loans totaling $19,652.00. If approved, this Resolution would re-direct those funds to be the first contributions into the AHTF. The remaining $80,191 in outstanding loans would be contributed to the AHTF over the coming decades as they are repaid without interest per the terms of the original loans. Related City Policies and Ordinances: Affordable Housing Action Plan (Strategy 1) Resolution 2006-13 Council Options: Council can approve, amend or deny the proposed Ordinance and associated Resolutions. Potential Motions: I move to: • Approve first reading of an Ordinance amending the Ashland Municipal Code, adding a new Chapter 4.36, providing for the establishment of an Affordable Housing Trust Fund, and schedule second reading for October 7, 2008. • Approve the Resolution establishing Policies and Procedures for Administration of the Affordable Housing Trust Fund to take effect upon passage and adoption of the Ordinance providing for the establishment of the Affordable Housing Trust Fund • Approve of the Resolution Dedicating Loan Repayments from the Ashland Rehabilitation Program Deferred Payment Loans to the Affordable Housing Trust Fund to take effect upon passage and adoption of the Ordinance providing for the establishment of the Affordable Housing Trust Fund. Attachments: • Ordinance providing for the establishment of the Affordable Housing Trust Fund • Resolution establishing Policies and Procedures for Administration of the Affordable Housing Trust Fund • Resolution Dedicating Loan Repayments from the Ashland Rehabilitation Program Deferred Payment Loans to the Affordable Housing Trust Fund • Affordable Housing Action Plan Strategy 1 • Housing Commission Meeting Minutes • Housing Trust Fund Survey Summary • Housing Trust Fund section of the Housing Notebook Page 6 of 6 091608 Housing Trust Fund.CC.doc P & ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, ADDING A NEW CHAPTER 4.36, PROVIDING FOR THE ESTABLISHMENT OF AN AFFORDABLE HOUSING TRUST FUND Annotated to show da 'tea and additions to the code sections being modified. Deletions are and additions are in bold. WHEREAS, Article 2. 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 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 Council of the City of Ashland has determined that in order to protect the health, safety and welfare of existing and future residents of Ashland who are adversely impacted by the lack of housing available to all income types, specifically very low, low, and moderate income households, it is necessary to establish a fund to support the development, preservation, and rehabilitation, of needed housing types within the City; and WHEREAS the City of Ashland City Council recognizes that for a healthy community the provision of a range of affordable housing opportunities and funding mechanisms for affordable development is a top priority for the City of Ashland; and WHEREAS, the City Council of the City of Ashland has determined that neither the private market, nor the public sector, has yet provided the levels of housing affordability necessary to maintain a balanced community, local government must take an active lead to ensure an adequate supply of housing for residents and working people of all income levels; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Anew Chapter 4.36 [AFFORDABLE HOUSING TRUST FUND] is hereby added to the Ashland Municipal Code to read as follows: AHTF Ordinance: First Reading: 9-16-08 1 Chapter 4.36 AFFORDABLE HOUSING TRUST FUND Section 4.36.010 Purpose Section 4.36.020 Definitions Section 4.36.030 Dedication of Revenue Section 4.36.040 Establishment of Policies and Procedures 4.36.010 Purpose A. The purpose of the Affordable Housing Trust Fund IAHTFI is to support the creation or preservation of housing that is affordable to people with incomes that do not exceed 120% of the area median income, as defined by the Department of Housing and Urban Development for the Medford- Ashland Metropolitan Service Area. B. AHTF funds will support activities that create, preserve or acquire housing within the Ashland Urban Growth Boundary. AHTF funds may also be used for permanent or transitional housing for homeless families and individuals, and for the modernization, rehabilitation and repair of public housing. C. The AHTF is not intended to be the sole source of funding for affordable housing and any activity or proiect eligible for support from the AHTF is expected to develop additional sources of funds. 4.36.20 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. Affordable Housing Trust Fund (AHTF) means a separate account created by the City Finance Department established by this ordinance and used exclusively for AHTF purposes as set forth in this Ordinance and implementing Resolutions of the Council. B. Administrative Procedures mean the procedures for administration of the AHTF established by Resolution of the City Council, including but not limited to procedures which outline application, evaluation, and all other associated procedures for administration of the AHTF. C. Affordable Housing means residential housing primarilvfor households or persons earning less than 120% the area median income where housing costs including principal, interest, taxes, insurance, and homeowners association dues, or rent, do not constitute more than 30% the household income, and as more fully defined per Council Resolution 2006-13. D. Eligible uses and-Activities mean those uses for the AHTF which are set forth an implementing Resolution of the City Council, such uses including but not limited to uses and activities which facilitate AHTF Ordinance: First Reading: 9-16-08 2 the production and preservation of affordable housing within Ashland's Urban Growth Boundary. E. Affordable Housing Priorities means priorities established from time to time by the City Council by Motion, Order or Resolution, to guide the allocation of funds from the AHTF. 4.36.030 Establishment of Affordable Housing Trust Fund / Use of Funds A. There is hereby established and created an Affordable Housing Trust Fund, FAHTFI, a separate account established by the City of Ashland Finance Department for purposes consistent with this ordinance and to provide a discrete account for earmarked affordable housing funds and dedicated affordable housing funds. B. The AHTF allows for dedicated funds to be used in support of Affordable Housing Priorities through receipt of donations and dedicated revenue streams, including but not limited to donations, grants, sale of surplus City Property, or any other revenue sources approved by the Ashland City Council or the People of Ashland. C. Distribution of funds shall be in accordance with the policies and procedures per Resolution 2008- 4.36.040 Establishment of Policies and Procedures The Administrative Procedures associated with the AHTF, including fund administration, determination of eligible applicants, eligible uses and activities, award preferences, eligibility criteria, award process, and selection criteria are initially approved by the City Council per establishment of Resolution 2008- 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 2008, AHTF Ordinance: First Reading: 9-16-08 3 and duly PASSED and ADOPTED this day of 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney AHTF Ordinance: First Reading: 9-16-08 4 RESOLUTION NO. 2008- A RESOLUTION ESTABLISHING POLICIES AND PROCEEDURES FOR ADMINISTRATION OF THE AFFORDABLE HOUSING TRUST FUND RECITALS: A. WHEREAS, the City of Ashland City Council approved the establishment of the Affordable Housing Trust Fund (Ordinance to keep our community diverse by facilitating the production and preservation of affordable housing throughout Ashland; and B WHEREAS, The policies and procedures for administration of the Affordable Housing Trust Fund establish eligible uses, eligible applicants, the method by which funds are awarded, and selection criteria; and C. WHEREAS, the City Council understands the changing nature of the housing market and corresponding housing needs, and therefore has established the policies and procedures for administering the Ashland Housing Trust Fund (AHTF) to remain flexible to respond to changing market conditions and opportunities; now therefore THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Purpose 1.1 The purpose of the City of Ashland's Affordable Housing Trust Fund (AHTF) is to establish a dedicated source of revenue to provide ongoing funding for housing projects or programs that address the housing needs of Ashland residents. To this end the AHTF is established to address the primary purpose of encouraging the creation of housing for homeownership or rent, at a cost that will enable low and moderate income families to afford quality housing while paying no more than thirty per cent of gross household income on housing. 1.2 To promote the rehabilitation, preservation and production of quality, well designed rental and ownership housing the AHTF will award funds to community development partners that are furthering the AHTF mission. It is expecting that the local contributions made through Ashland's Affordable Housing Trust Fund will assist in maximizing the leveraging of State and Federal funds, as well as encourage private sector investment in affordable housing. i 1.3 Understanding the high cost of housing regionally, it is evident that low and moderate income households are not being served by the housing market. To address the disparity between the cost of housing and the means of resident households to afford housing, the Affordable Housing Trust Fund aims to provide direct financial support to projects that retain or increase the supply of needed housing for households earning less than 120% the Area Median Income as defined by HUD. 1.4 The Administrative Procedures associated with the Affordable Housing Trust Fund, including fund administration, determination of eligible applicants, eligible uses and activities, award preferences, eligibility criteria, award process, and selection criteria are hereby established. Section 2. Eligible Applicants 2.1 The Affordable Housing Trust Fund is structured to ensure that many different types of organizations are eligible to receive financing. 2.2 Eligible applicants include governmental subdivisions, community development corporations, local housing authorities, community action agencies, community-based or neighborhood-based non- profit housing organizations, other non-profit organizations, for- profit entities, and private employers. Section 3. Eligible Uses and Activities 3.1 Affordable Housing Trust Funds shall support the creation or preservation of housing that is affordable to households with incomes that do not exceed 120% of the area median income, as defined by HUD for the Medford-Ashland metropolitan service area. 3.2 Affordable Housing Trust Funds will be focused on those activities that create, preserve or acquire housing within the Ashland. Urban Growth Boundary. 3.3 Housing developments financed by the Affordable Housing Trust Fund (AHTF) which receive subsidy, financing, tax credits or other assistance under a State or Federal housing program, may contain market rate units insofar as permissible under those programs and/or to the extent that they are necessary to support the creation of and/or on-going sustainability for the affordable housing units in the development. However, Affordable Housing Trust Funds may not be used to support such market rate units. 2 3.4 Affordable housing units developed utilizing subsidy from the Affordable Housing Trust Fund shall comply with the income, rent and purchase housing cost limits established by Resolution 2006- 13, as amended, and as restricted by a covenant prepared by the City of Ashland. 3.5 The Affordable Housing Trust Funds can be provided as either a grant or a loan depending on the project or program receiving funding. To retain a significant degree of flexibility the eligible uses have a broad application including the following: 3.5.a Acquisition and Construction of new affordable housing. Eligible acquisition and construction costs include reasonable costs associated with building or land purchase, including but not limited to: • Purchase price • Option costs • Financing fees • Appraisal costs • Closing costs • Interest • Inspection fees • Title insurance • Relocation costs • Architectural/engineering fees • Construction costs 3.5.b Conservation of energy through the use of "green" technologies provided that the benefits of the energy savings is passed on in the form of reduced costs to the qualified occupants of the affordable housing. 3.5.c Land Banking: the purchase of land to be dedicated toward the development of affordable housing in the near or long term. 3.5.d Predevelopment activities undertaken by a community development organization in support of the development of affordable housing including planning, architectural services, engineering services, landscape design, legal services, surveys, appraisals, site clearance and demolition, environmental clearance, permit application fees and system development charges. 3 3.5.e Bridge loans to assist in development of low-income housing (for rental or owner occupancy). Bridge loans are intended to provide funding to permit housing projects to proceed in advance of the availability of permanent project funding. Bridge loan funding is available for acquisition or construction activities. 3.5f Capacity Building for non-profit affordable housing providers in the form of direct grant awards to fund administration of an affordable housing project or program. 3.5.g Rehabilitation and Emergency Repairs as part of an established program to secure units as affordable or to provide direct benefits to existing low-moderate income households. Eligible rehabilitation and emergency repair costs include but are not limited to: • Architectural/engineering fees • Construction costs • Relocation costs • Hazardous materials abatement including lead based paint noticing consistent with The Federal Lead Safe Housing Regulations HUD requirements at 24 CFR §35 3.5.h Direct benefits to low-moderate income households through an established program including down payment assistance, rental assistance, mortgage foreclosure prevention, emergency housing vouchers, homeownership training, renter education, or other programs intended to increase housing opportunities for Ashland's low-moderate income residents. 3.5.i Transitional and Emergency Housing for homeless individuals and families through an established program to move people toward self-sufficiency. 3.5J Other uses as deemed appropriate by the Ashland City Council as supporting the development or preservation of affordable housing within the City of Ashland. Section 4. Preferences 4.1 The general criteria of selection are found in Section 8 and may be modified through the annual Request for Proposals, however the following preferences are provided as general guidance for future applicants for Affordable Housing Trust Funds. 4 4.1.a Developments that produce "new" affordable housing units. New affordable housing units shall include housing units constructed where none had existed previously, abandoned or fire-damaged residential units to be returned to residential use, and non-residential or non-residentially-zoned property converted to residential use. Any designated new affordable housing units shall be secured as affordable through recorded Resale Restriction Covenants. 4.1.b Developments that provide new affordability. New affordability refers to existing housing where a new level of affordability is provided that does not currently exist. This could occur in rental or ownership housing where the number of affordable units is increased; where a portion of existing units will be made affordable to households at income levels substantially lower than the units previously served; or where the term of affordability on the units will be extended for a period beyond thirty (30) years. 4.1.c Developments of housing utilizing the Land Trust model to secure property and perpetual affordability. 4.1.d Developments that include joint ventures between multiple non-profit developers and or for-profit developers, working in partnership, to complete an affordable housing project 4.1.e Developments that include a joint venture between service providers and non-profit affordable housing developers to create projects that contain additional benefits to low income individuals in the development of the project, or additional services for the residents upon completion. 4.1.f Developments that incorporate the use of "green" building materials, use of energy-efficient appliances, low-water use landscaping, and incorporation of building design and operational factors that minimize energy use and resource consumption as well as avoid indoor health impacts to achieve Earth Advantage Certification. 4.1.g Developments that include affordable units for the disabled and the homeless. 4.1.h Projects that propose long term affordability. 4.1.i Projects that are sponsored by non-profit organizations. 5 4.1J Projects that use private funding sources and State funding sources to leverage the least amount of Ashland's Affordable Housing Trust Funds. Section 5. Fund Administration The Affordable Housing Trust Fund (AHTF) originated through the direction of the Ashland City Council and Ashland Housing Commission. 5.1 The City of Ashland acts as fiduciary agent and administrator of the funds. 5.2 Funds dedicated to the Ashland Housing Trust Fund shall be exclusively reserved to support the eligible uses activities identified in Section 3, and shall not be used for the general operation of the City. 5.3 The City of Ashland shall issue a request for proposals (RFP) to announce the availability of funds. The Affordable Housing Trust Fund RFP issuance shall be timed to run concurrent with the Community Development Block Grant Program award process. 5.4 The City may issue a Notice of Funding Availability (NOFA) to specifically target up to 10% in available Affordable Housing Trust Funds to undertake eligible uses and activities identified in Section 3. 5.5 The City of Ashland Housing Commission, and City Staff as designated by the Director of Community Development, shall review applications for Affordable Housing Trust Funds to determine project eligibility and evaluate the applications based on the selection criteria provided in the issued Request for Proposals. The Housing Commission, and City Staff, shall provide recommendations to the City Council who shall make final award decisions. 5.6 The City aims to administer the Affordable Housing Trust Fund in a manner consistent with other affordable housing programs such as the Ashland Community Development Block Grant Program. The implementation of a comparable application, application evaluation, and approval process will provide housing developers with a consistent and coherent method for securing housing funds from the City. Coordination of the grant allocation process with other local and state funding application timelines, will help ensure that AHTF funds are best applied to leverage additional resources in support of the housing projects. s 5.7 Affordable Housing Trust Funds will be allocated in a manner consistent with the threshold criteria provided Section 8, and consistent with State and Local Public Contracting law. Section 6. Match Requirements 6.1 The Ashland Housing Trust Fund is intended to support the development of needed housing, but is not intended to provide the sole source of funding for any development project or housing program. To ensure that affordable housing providers, and organizations that assist individuals and families in obtaining needed housing, do not rely exclusively on AHTF to support their activities, it has been determined that; 6.2 The Affordable Housing Trust Fund contribution shall not exceed more than 50% of the total project, or program, cost. Required Match can be met utilizing Community Development Block Grants, State or Federal Funding, direct contribution from the applicant, private donations, and the contribution of land, materials or labor to the project. 6.2.a In the case that land previously owned, by the applicant is considered as required match, the value of the land shall be determined by a City approved certified appraisal completed by the applicant, unless otherwise directed in Oregon Revised Statute or City Municipal Code. 6.2.b The valuation of land, and available equity to be considered as matching funds, shall be verified by the City prior to the disbursement of an AHTF grant when its value is considered as required matching funds. 6.2.c Donated materials and labor which are proposed as required match through the development of a project shall have their value estimated at the time of application. The actual value of these contributions is subject to verification by the City at completion of the project. 6.2.d Award recipients shall provide verifiable accounting for donated labor and materials, when such was necessary to satisfy the AHTF match requirements. 6.3 A recipient of an AHTF grant that fails to verify the match requirements have been satisfied at the conclusion of a project would be considered cause for the City to require full or partial repayment of any AHTF grants awarded to a project. Section 7 - Allocation of Funds The Affordable Housing Trust Fund is structured to allow the flexibility for the City, and housing providers, to be responsive to opportunities that arise that require an immediate expenditure of a relatively small amount of funds to secure property, or financing, as well as to ensure the majority of Affordable Housing Trust Funds are allocated through a annual competitive award process. Establishment of two distinct and separate award processes is intended to provide for both consistency and flexibility. The issuance of a Request for Proposals (RFP) which will allocate 90% of the available allocation of Affordable Housing Trust Funds will be coordinated with other local and State funding cycles to allow applicants to best structure their project financing. Additionally a Notice of Funding Availability (NOFA) may be announced, as funds permit, to allocate up to 10% of the annual funding available. A NOFA is primarily intended to be responsive to immediate needs for a limited grant or loan if needed for predevelopment activities which will further the mission of the AHTF. The distribution of any and all AHTF funds through Competitive or Non- Competitive awards as described in Sections 7.1 and 7.2, will be in accordance with State and Local Public Contracting laws. 7.1. Competitive Awards - Request for Proposals (RFP) The City of Ashland has a limited amount of Affordable Housing Trust Funds to use each year in comparison to the scope of the housing needs within the community. As a result, it is essential that the funds are used to meet the City's priorities in an efficient and cost-effective manner. To this end a competitive award process has been established and a set of award criteria shall be developed to evaluate proposals received through a Request for Proposals (RFP) process in terms of how they address the specific priorities outlined in the annual RFP. The steps for making the competitive grant awards or loans is outlined below. 7.1 a. The City of Ashland may issue a Request for Proposals on an annual or intermittent basis depending on availability of funds, providing applicants with a minimum of 45 days to respond to the request. e 7.1 b City Staff shall assess the project proposals to determine if the eligibility criteria are met and shall develop a recommendation to provide to the Ashland Housing Commission and the City Council. 7.1 c The Ashland Housing Commission will provide applicants the opportunity to make a presentation on their project proposal and provide community members the opportunity to comment by holding a public meeting. 7.1 d The Ashland Housing Commission will develop a grant award recommendation to the City Council using the AHTF criteria to determine which projects best meet the City's spending priorities. Each application will be rated on a numeric scale as established in the annual RFP for each criterion of selection (Section 8). 7.1 a The Ashland City Council shall make a final decision on the award of Affordable Housing Trust Funds. 7.1 f The City of Ashland shall prepare an agreement between the City and the award recipient. The Agreement shall outline the conditions of award and shall be executed prior to the disbursement of any Affordable Housing Trust Funds. 7.2. Notice of Funding Availability (NOFA) Upon electing to initiate a Notice of Funding Availability (NOFA) the City shall issue a notice of funding availability through publication in the Ashland Daily Tidings and on the City's Website providing 30 days for eligible applicants to submit qualifications for funding. The City shall review all applications received to determine if the applications meet the City's threshold criteria. If the criteria are met ' then the funds are awarded to, or reserved for, the applicant. Funds available through the NOFA process are awarded on a first come, first served basis, until reaching the annual funding cap. A reserve award granted to an applicant may be rescinded by the City if the applicant does not undertake the activities identified in response to the NOFA in advance of the City's issuance of another RFP or NOFA. 7.2.a On an annual basis the City shall determine the amount of funds available to be distributed through a NOFA procedure 7.2.b In no case shall the amount disbursed through the non-competitive process exceed 10% of the annual AHTF revenue in a given program year. 9 7.2.c The City of Ashland recognizes that the nature of affordable housing development acquisition of property is often opportunity dependant. Further many nonprofit housing developers lack the resources to undertake feasibility studies, due diligence inspections, preliminary drawings and other activities required to evaluate potential projects as well as apply for project financing. 7.2.d To enable non-profit organizations, community development organizations, the Housing Authority of Jackson County, and the' City of Ashland, to be responsive to opportunities outside of the annual Request for Proposals timeline, the City may reserve a portion of Affordable Housing Trust Funds to support pre- development activities. 7.2.d.1 Predevelopment activities undertaken by a community development organization in support of the development of affordable housing including planning, architectural services, engineering services, landscape design, legal services, surveys, appraisals, site clearance and demolition, environmental clearance, and payment of permit application fees may be supported through a non-competitive award of a predevelopment grant that may be required to convert to a loan if the project receives full funding. 7.2.d.2 For-profit developers are not eligible to apply for Ashland's Affordable Housing Trust Funds to assist with predevelopment costs. 7.2.e The City of Ashland is eligible to utilize the funds reserved for the NOFA process to conduct eligible activities as described in Section 3. 7.2.f The City may fund through a NOFA process an ongoing down- payment assistance program, rental assistance program, education program, rehabilitation program, or other programs intended to increase housing opportunities for Ashland's low-moderate income residents which are administered by a non-profit or governmental organization. Section 8 AHTF Grant or Loan Award Threshold and Selection Criteria 8.01 The project is considered an eligible use or activity under Section 3, and benefits households earning less than 120%a the Area Median Income. (threshold verification) 10 8.02 If the project is related to the provision of technical assistance to affordable housing providers, the use of Ashland Housing Trust Funds functions to increase the capacity of the organization to specifically address the mission of the AHTF. (threshold verification). 8.03 Affordable Housing Trust funds shall be limited to the minimum amount necessary to complete the project. The lower the percentage of AHTF funds requested, relative to the full project costs, the higher ranking the project shall be given. 8.04 The project addresses the unmet housing needs as identified in the Ashland Housing Needs analysis or Consolidated Plan. 8.05 The lower the income level that is targeted for the benefiting households, the higher the ranking the project shall be given. 8.06 The project provides new affordable housing, or new affordability, through retention or rehabilitation of existing housing, within the City. The greater the number of units provided, the higher the ranking the project shall be given. 8.07 The project retains the affordable housing units as affordable. The longer period of time the units remain affordable, the higher ranking the project shall be given. 8.08 The project addresses energy conservation through the integration of green building technologies in new construction, or achieves greater energy efficiency through rehabilitation of existing housing. 8.09 The project maximizes partnerships in the community (volunteers, in-kind contributions, cash contributions, multiple organizations involved, etc.). 8.10 The project utilizes already existing resources in effective and innovative ways. The project shall not duplicate service provided by another organization. 8.11 The agency submitting the proposal has the capacity to carry out the project and has had demonstrated successes completing projects of similar scope. 8.12 The budget and time line are thorough and realistic. 8.13 The project is ready for implementation. r 8.14 If the project includes the acquisition of property, the identified property is currently available for acquisition and the applicant has secured either a purchase option or letter of interest from the seller. If the applicant is also applying for federal funding (Community Development Block Grants or HOME) they should carefully review procurement requirements and limitations before obtaining a purchase option. 8.15 That relocation of existing residents will be minimized, and when necessary the applicant has included accurate relocation assistance costs as part of the project pro forma. 8.16 The proposal demonstrates that Ashland Housing Trust Funds are the most appropriate funding source, and necessary, for the project. 8.17 Additional selection criteria may be developed and included in the annual RFP to best direct Affordable Housing Trust Funds toward an identified priority need. Numeric Rankings for each of the selection criteria shall be incorporated into the annual RFP. SECTION 9. This resolution was duly PASSED and ADOPTED this day of , 2008, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney 12 RESOLUTION NO. 2008- A RESOLUTION DEDICATING LOAN REPAYMENTS FROM THE ASHLAND REHABILITATION PROGRAM DEFERRED PAYMENT LOANS TO THE AFFORDABLE HOUSING TRUST FUND RECITALS: A. WHEREAS, in 1985 the City of Ashland utilized a one-time Community Development Block Grant in the original amount of $478,968 to provide rehabilitation loans to homeowners for needed repairs to homes throughout the City; and B. WHEREAS, twenty-one (21) individual outstanding loans remain, averaging $4754 each, for a cumulative total of $99,843 remaining to be repaid to the City; and C. WHEREAS, the Ashland Rehabilitation Program Deferred Loan funds originating from the 1984 -1985 State of Oregon Community Development Block program are de- federalized upon repayment.of the loans, and can be applied to uses as the City of Ashland deems appropriate; and D. WHEREAS, the City of Ashland is re-paid the entire loan amounts, without interest, upon sale, transfer, or refinancing of homes that originally received assistance per the agreements executed at the time of the loans; and E. WHEREAS, the City desires that repayments of the loans outstanding as of July 1, 2008 continue to address the Ashland's housing needs through their dedication to the Affordable Housing Trust Fund established by Ordinance ; now therefore THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Loan Repayments received by the City as payoffs for outstanding 1985 loans provided through the Ashland Rehabilitation Program, and originally funded with Community Development Block Grant funds, shall be dedicated to the Ashland Affordable Housing Trust Fund. SECTION 2. All repayments of 1985 Ashland Rehabilitation Program loans that are received by the City after July 1, 2008 are subject to this resolution. SECTION 3. EFFECTIVE DATE. This Resolution This resolution was PASSED and ADOPTED this day of 2008 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2008. Reviewed as to form: Richard Appicello, City Attorney John W. Morrison, Mayor City of Ashland Affordable Housing Action Plan Prepared for City of Ashland, Oregon by Sextant Consultants, Inc. 3333 N.E. 18th Avenue Portland, OR 97212 (503) 282-7807 Cogan Owens Cogan 813 S.W. Alder, #320 Portland, OR 97205 (503) 225-0192 Adopted May 20 2003 EXCERPTED SECTION RELATING TO DEVELOPMENT OF A HOUSING TRUST FUND HOUSING STRATEGIES This plan recommends six major strategies for affordable housing in Ashland. • Provide funding for affordable housing • Reduce development and operating costs • Modify land use regulations • Preserve existing affordable housing and create new affordable housing • Develop organizational capacity • Build understanding and support. STRATEGY I: PROVIDE FUNDING FOR AFFORDABLE HOUSING The objective of this strategy is to develop long-term, stable funding sources to produce affordable housing. Funding is at the core of efforts to provide affordable housing. There are many techniques for creating low-cost housing such as tax credits, reducing mortgage interest rates, and providing loans and grants to organizations developing affordable housing. A successful approach will use every available technique. Often what makes a project affordable is the combination of several methods that reduce the costs. A. Apply for Housing Development Funding For Ashland, a major source of affordable housing funding is through programs octhe Oregon Housing and Community Services Department. The major programs relevant to Ashland are shown in Table 1. The City will not be the developer. In order to access these funds, the City of Ashland will need to work with local non-profit housing organizations such as the Ashland Community Land Trust, the Rogue Valley Community Development Corporation, and ACCESS. Table 1. Affordable Housing Programs of the Oregon Housing and Community Services Department 1. HOME Program The Ashland Community Land Trust in June 2002 received a $518,354 grant reservation of HOME funds for new construction of five housing units in a residential neighborhood for low-income families and individuals. The HOME Investment Partnerships Program makes funds available for the development of affordable housing for low and very low-income individuals and families, and encourages partnerships among state agencies, local governments, not-for-profit, and for-profit organizations. Approximately $20 million is available statewide per biennium. 2. Oregon Affordable Housing Tax Credit Through the use of state tax credits, lending institutions can lower the cost of financing by as much as four percent for housing for low-income households. Applicants can be profit or non-profit housing sponsors, provided the savings from the reduced loans are passed on in the form of lower rents to households. Approximately $25 million in tax credits will be available in this biennium. 3. Federal Low Income Housing Tax Credits Federal income tax credits are available for 10 years to owners of qualified low-income, multi- family housing. The tax credits are used to lower rents. Both profit and non-profit housing sponsors may apply. Approximately $5 million per year is available statewide. 4. Risk Sharing Housing Loan Program Loans for construction or rehabilitation of multi-family housing. Both profit and non-profit housing sponsors are eligible. $60 million per biennium is available in Oregon. 5. Predevelopment Loan Program Short-term loans to pay recoverable affordable housing pre-construction costs. $4 million revolving loan statewide. 6. Residential Loan Program Provides below-market interest rate mortgages for eligible first-time homebuyers. The program is aimed at moderate-income homebuyers. Applicants are lending institutions on behalf of moderate- income homebuyers. $130 million per year statewide. 1 The City's role is to facilitate applications by non-profit organizations and other eligible organizations. The City will need a Housing Coordinator who researches available funding sources including application procedures and submittal deadlines, develops relationships with funding sources, and works closely with organizations eligible for funding. Through a Housing Trust Fund the City can also provide some of the local funding which is often needed in affordable housing programs. Recommendation: ➢ The City, through a Housing Coordinator, will take necessary steps to facilitate the process of applying for housing development funds by non-profit housing development organizations and other eligible organizations. Schedule: 1-5 years. Intermediate and, long-term. (Dependent on funding cycles) B. Create an Affordable Housing Trust Fund The crux of building or rehabilitating affordable housing is funding the projects. Money is needed to plan the housing, purchase land, provide equity to secure loans, and for up-front costs. While there are many state and federal sources for funding affordable housing, in almost all cases some local funds will be needed to match or supplement grants and loans. Housing Trust Funds are a means'to provide a flexible pool of funding to promote affordable housing. What makes housing trust funds unique is that they have dedicated sources of ongoing, public revenues. There are a wide range of funding sources used in the over 275 housing trust funds that now operate in the U.S. Sources include funds from government bonds, from sale of publicly owned lands, from lottery earnings from property taxes; development fees, and fees on recording mortgages. Housing trust funds can also accept donations of property or funds from individuals and corporations as well as receive funds from foundations. There is legislation being developed in Congress that will provide a National Housing Trust Fund to match funds for local communities with Housing Trust Funds. There are at least 37 state housing trust funds including Oregon, Washington and California. There are 42 city housing trust funds in 22 states, plus an additional 142 in New Jersey with a state law that allows cities to levy fees on developers to raise funds for the trust funds. In Oregon, Washington County has a Housing Trust Fund with revenues from a real estate transfer tax of one-tenth of 1%. The City of Portland has a fund and has been working at the state legislative level to obtain a real estate transfer tax to provide continuing funding. Typically housing trust funds do not build or own housing. Rather, the funds distribute monies to non-profit and government organizations that are experienced in building and owning 2 affordable housing. The funds act as a conduit for housing. City housing trust funds are able to leverage their funds. For every $1.00 in the fund, they typically raise $4.89. A Housing Trust Fund for Ashland could be a City program or it could be established as a non- profit corporation. Either way, there will need to be a board that evaluates proposals for using trust funds for housing projects and provides oversight. Members of the Ashland Housing Commission could serve on such a board. The board could be augmented by City staff such as the city's Housing Coordinator and the Finance Director. Recommendation ➢ Form an Ashland Affordable Housing Trust Fund by directing the Ashland Housing Commission to prepare a specific proposal for such a fund. Schedule: Short Term (within 1-2 years). C. Develop Dedicated Funding Sources for the Housing Trust Fund The key to Ashland's success in creating a Housing Trust Fund is finding dedicated sources of ongoing revenue. Ten years ago Ashland sold a surplus parcel of land and provided approximately $90,000 for a Housing Trust Fund. However, it represented a one-time dedication of funding that now has been used up to provide renter and first-time homebuyer assistance and for housing studies. Ashland also attempted to create an ongoing source of funds through a transfer fee on real estate transactions. The proposal was brought to the voters in 1991 with limited time to discuss the concept and build public support. The measure was defeated. At the state level, during the 2002-2002 legislative session a proposal to permit local governments to levy a real estate transfer tax was developed by proponents from the Portland metropolitan area. The measure was narrowly turned aside. Proponents are discussing strategies for reintroducing a similar measure in the next session. At the federal level, legislation has been introduced to create a national housing trust fund. There are 38 states including Oregon with Housing Trust Funds. At the local level, there are 42 city housing trust funds in 22 states. Although many are in larger cities, there are housing trusts in smaller cities: Menlo Park, Cupertino and Palo Alto in California, Santa Fe, New Mexico, Burlington, Vermont, and Bainbridge Island, Washington. "Housing Trust Fund Progress Report 2002, Local Responses to America's Housing Needs." (June 2002), Housing' Trust Fund Project, Center For Community Change, pg. 7. 3 Typically city housing trust funds are administered by housing and community development departments by city staff, although a few are independent or administered by a redevelopment agency or a housing commission. Ashland needs to evaluate a range of alternatives for providing dedicated funds for the Housing Trust Fund. The following are potential sources. 1. Real estate transfer tax A real estate transfer tax is applied when a home is sold. In Oregon, Washington County is the only county with a real estate transfer tax. Passed in the 1970s, the tax is $1.00 per thousand. Under current Oregon Law local real-estate transfer taxes are not permitted. The Ashland City Council issued a resolution requesting the Oregon Legislature to amend that law. In 2001, the average price of a house sold in Ashland was $273,0632. If the Washington County rate were applied in Ashland, the average tax would have been $273 per house, raising $102,398 for a housing trust fund. Maryland has a tax when recording a property that has been sold. Rates vary by county ranging from a low of $4.40 per $1,000 to $10.00 per $1,000. Using the lower tax rate of $4.40 per thousand, if applied by Ashland would be a cost of $1,201 for an average house of $273,063 or raised a total of approximately $450,000 in 2001. Florida adopted a real estate transfer tax of $2.00 per thousand (0.02%) which was widely supported by the housing industry including realtors as a way to invigorate the housing industry. The tax generated $249 million in 2001. This rate applied to Ashland would have raised $546 per house sold in 2001 or approximately $204, 800 A real estate transfer tax in the Portland metropolitan area was unsuccessfully proposed in the recent legislative session by the Portland regional housing trust fund. The proposed tax was a rate of 0.75%. Affordable housing advocates in the Portland area are considering a renewed legislative effort next year. The effect of different rates used for a real estate transfer tax are summarized below: Assuming 375 sales per year at an average of $273,063 would yield the following revenues: Rate Cost Per House Sold Revenue Example $1.00/1000 (0.10%) $273 $102,398 Washington County, Oregon $2.00/1000 (0.20%) $546 $204,797 Florida $4.40/1000 (0.44%) $1,201 $450,554 Maryland $5.00/1000 (0.50%) $1,365 $511,993 Proposed Legislation $7.50/1000 (0.75%) $2,048 $767,989 Portland metro area (proposed) Roy Wright Appraisal Services, Inc. 4 2. Hotel/motel tax Ashland has a 7% tax on hotels, motels and bed and breakfast receipts. The tax generates approximately $1.2 million per year of which two-thirds goes to the City's General Fund. The remaining third ($384,000 in 2002) is allocated to economic and cultural development including the Ashland Chamber of Commerce, the Oregon Shakespeare Festival and grants for economic and cultural development. A portion of this tax could be designated for affordable housing. For example, if the amount of the tax devoted to the General Fund were reduced from 67% to 62% this could provide 5% for affordable housing; the amount in 2002 would be approximately $58,000. This could be a part of a funding base for Ashland's Housing Trust Fund. 3. Prepared food and beverage tax This 5% tax generates $1.6 million last year and is dedicated 20% to parks and open space and 80% to wastewater treatment plant construction and debt service. The tax continues until 2010. Any changes as well as renewal will require City Council approval and voter approval for renewal. At the time of renewal in 2010, a portion of the tax could be dedicated to the Housing Trust Fund. 4. Other possible source Some states use interest from "earnest money" held in escrow during the sale of a house to help fund Housing Trust Funds. States include Washington, Missouri, Wisconsin, Colorado and Maryland. This is a potential, though small source of revenue for the trust fund. In 2001 there were 365 housing sales in Ashland with an average price of $277,742. Assuming a 2% escrow amount held for 60 days, with interest at the prime rate of 4.5%, would generate approximately $41 per house sold or about $15,000 peryear. Another source of revenue is a document stamp tax. This would apply to all documents, not just real estate transaction filings. The Housing Commission could investigate and estimate the income that could be derived from a document stamp tax and the costs of administering the tax Recommendation The Housing Commission should develop recommendations for the City to establish long-term, continuous funding sources for the Housing Trust Fund that provides ongoing revenues for the fund and are supportable by the community. Schedule: Medium to Long Term (2-5 years) 5 4. ACTION PLAN The Action Plan shown in the following table lists the strategies and specific recommendations together with a schedule and who has key responsibility for implementing the action. Most of the actions will be carried out over the same time period and in coordination with other actions. ACTION PLAN Strategy and Action SCHEDULE Responsibility (YEARS) Strategy 1. Provide Funding for Affordable Housing A. The City, through a Housing Coordinator, should facilitate the 1-5 City, process of applying for housing development funds by non-profit Non-profit housing development organizations and other eligible organizations. developers B. Form an Ashland Affordable Housing Trust Fund by directing the Ashland Housing Commission to prepare a specific proposal for 1-2 City such a fund. C. Develop long-tern, continuous funding sources for the Housing Trust Fund that provides ongoing revenues for the fund and are 1-3 City supportable by the community. D. The Housing Commission should continue to convene an employers group and develop approaches whereby employers can 1 Housing assist employees in securing affordable housing either through down Commission payment assistance for home ownership or through rental programs that are assisted. 6 Housing Commission Minutes Excerpt from the 6-26-2008 Housing Commission minutes AFFORDABLE HOUSING TRUST FUND DRAFT ORDINANCE AND RESOLUTION Goldman gave a summary of the draft ordinance and resolution. He explained there are three separate components being presented. 1. An ordinance which establishes the Trust 2. Resolution that establishes the policies and procedures 3. A resolution dedicating anticipated rehabilitation loan repayments that could be directed to the Housing Trust Fund. Goldman and the Commissioners discussed the ordinance and resolution making grammatical corrections as well as recommendations. The change of substance was 8.18 adding that the selection criteria shall be rated as indicated in the annual RFP as reviewed and approved by the Housing Commission. Smith opened the discussion for Public Testimony - No one spoke When the resolution goes to the City Council Goldman said he anticipates the question "Why are you presenting a Housing Trust Fund if you don't have a revenue source to put into it." In 2005 and 2006 Goldman had a number of loan repayments come across his desk for an old CDBG program. Goldman noticed that a lot of money was repaid for old rehab loans through that program. In questioning where those funds were going he asked Reid to look into that loan program. Reid replied that the resolution talks about the grant in 1985 for $478,968 to make energy conservation permits on houses. The payoffs have been coming back and because they were not earmarked for anything they were put into the General fund and used for capital improvements. The amount is down to a little under $100,000. Reid suggested it would be a good time to allocate the money for the Housing Trust Fund. Goldman realizes that though this might not produce any real revenue the idea is to have some initial revenue source that would go along with this ordinance. Though this is not a sustainable revenue stream for the Housing Trust Fund it would be considered a legal source of funding. Goldman explained if the Council approves the Housing Trust Fund and the Resolution of the policies and procedures they do that as one action. With that being created then they are asked the question "Will you approve this Resolution to put money into?" Hauck/Billin m/s that we forward this to the City Council with the recommendations that they adopt both the ordinance and the resolutions. Voice Vote: Approved Benjamin commended Goldman and Reid for a job well done. PUBLIC FORUM Jason Dzy, with the Housing Authority of Jackson County commended the Commission for considering the two Resolutions as they are a valuable tool for the housing developers in the valley. As an affordable housing developer going out for funding sources without community support makes it almost impossible to receive the necessary money to preserve housing, stated Mr. Elzy. Excerpt from the 1-28-2008 Housing Commission minutes HOUSING TRUST FUND Goldman spoke regarding the development of the Housing Trust Fund platform as it is currently presented to the Housing Commission. He explained that the Finance Sub-committee has examined a number of sections for inclusion in the platform of the trust fund to be considered by the full Commission. These items included: • Section 1 - Eligible Applicants • Section 2 - Eligible Uses and Activities • Section 3 - Preferences - • Section 4 - Fund Administration • Section 5 - Match Requirements • Section 6 - Allocation of Funds Goldman noted that at prior meetings of the full Housing Commissions Sections 1, 2, and 3 have been discussed as shown and at this time the finance subcommittee requests that the full Commission concentrate review the sections 4, 5, and 6 which have not been previously been seen by the Commission. He further stated that as it is a draft the Commission can revisit any part of the document including the sections previously reviewed. Goldman began to go over the components of section 4, 5, and 6. Goldman explained that at the subcommittee level there was some question regarding whether the amount of funds available through a Notice of Funding Availability should be a fixed dollar number ($20,000) or a percentage of the annual amount of revenue available. The Commission believed the NOFA should be limit to 10% as opposed to a fixed amount. Goldman explained that early discussions by the Commission indicated that the HTF was not intended to be the sole source of funds for projects, rather that the intent was for the HTF to leverage other funds in support of projects. He explained that the 50% limit was included to ensure that the HTF was not the majority interest in a project. Hauck explained that from his experience 50% would be a substantial contribution as most grantors want to provide only 10- 20% of the project funds. There was concurrence that a 50% as a match limit was acceptable. Concern was raised regarding how the City would verify land value in relation to meeting a match requirement. To address this it was suggested that the value be determined "by a City Approved certified appraisal" in section 5. Voisin recommended finding out how Bend administers its Housing Trust Fund. Goldman stated that he recalls Voisin had previously requested such but he had not yet obtained that information. Cate Hartzell was recognized to speak from the audience and she questioned whether the HTF as drafted directs funds to the "gaps" identified in the City for various types of housing. Goldman responded that the selection criteria `D' is intended to address this and he read the following: The project addresses the unmet housing needs as identified in the Ashland Housing Needs analysis or Consolidated Plan. The lower the income level that is targeted, the higher the ranking the project shall be given. The Commission discussed whether this criteria addressed the concern and there was concurrence that it would better address the desire to provide needed housing types if it was split into two separate weighted criteria as follows: D. The project addresses the unmet housing needs as identified in the Ashland Housing Needs analysis or Consolidated Plan (0-15). E. The lower the income level that is targeted, the higher the ranking the project shall be given (0-15) Voisin recommended that the platform include wording that precluded the use of HTF to pay for City Staff. Billin suggested that the final bullet point in section 2 under eligible uses could be modified to explicitly exempt the use of the HTF to pay for City Staff. Other uses as deemed appropriate by the Ashland City Council as supporting the development or preservation of affordable housing within the City of Ashland with the exception of funding City Staff.[italics shows language discussed for inclusion] There was concurrence from Commissioners that housing trust funds should not be used to support staffing, and that limitation should be noted clearly under the uses section. Excerpt from the 7-26-2007 Housing Commission minutes HOUSING TRUST FUND DEVELOPMENT Goldman said the Finance subcommittee has taken the lead on developing the housing trust fund. There is a memo from Goldman to the Housing Commission in the packet outlining the work the Finance subcommittee has done. They are looking at a 20 month timeline to establish a housing trust fund. The mission has been defined. Goldman reviewed each section of the memo with the Commission. He said the "Purpose" statement is broad and can be revised at a later date. The "Eligible Applicants" is meant to be broadly inclusive. Benjamin wondered if the "Eligible Applicants" section is responsive or proactive. With this generic framework, we'll have to wait for non-profits to come to us for funding. Or, are we going to go to them? He is inclined to keep the plan as flexible as possible. He would like, in anticipation of establishing the housing trust fund, to start asking the non-profits to start thinking about the projects they could do and what their needs will be in the next 18 months, before casting the housing trust fund in concrete. Ask them for a budget. Try to have two to three organizations in mind. Hauck agreed we need to invite the non-profits and ask them to participate and explain their funding needs in the near future perhaps in the format of a work session a public hearing. Goldman said we have a list of 20 individuals that are interested (from the survey). Guidelines It's possible these could be prioritized. Goldman said the timeline now is defining the uses. The next section is establishing an award process and further down the list is the selection criteria where a point value could be given to projects. The Commissioners discussed the item under Guidelines: "Developments that include affordable units for the disabled and the homeless." Smith felt this was an awfully broad statement and if we are trying to accomplish creation of affordable housing and workforce housing, this seems outside the scope of the housing trust fund and more like a social service. Benjamin is concerned the Guidelines attempt to do all things for all people. Voisin would like to keep the Guidelines broad and open and leave the statement in the Guidelines. Hauck believes housing is for the citizens of Ashland, whoever they are, though he would like to have priorities. He doesn't want to take something off the list only to find it is needed. Benjamin would like the Guidelines initially to be void of anything that would create political opposition. Eligible Activities What is capacity building? Hauck explained it is where an organization doesn't have the expertise available to do a specific part of the project. For example, someone might be needed with expertise in financing. Voisin said the Finance Committee wanted to prioritize everything that is directly related to increasing affordable housing, but including the others, just in case. Ayars thought that "Transitional and Emergency Housing" should add at the end of the sentence, "through an established program to move people toward self-sufficiency. Ayars asked if "Conservation of Energy" was a stretch. Goldman said the intention is that if it is an affordable housing development that contains green technologies, that it would have a preference over one that did not. Conservation should be encouraged because it will lower the residents housing costs. The Finance subcommittee wanted the full commission to evaluate the work done so far on the housing trust fund and make a recommendation as to whether or not a special study session would be in order. The Commissioners were satisfied with the language with the few changes as noted above. Goldman will look at a time in early September for a special study session. Excerpt from the 4-26-2007 Housing Commission minutes HOUSING TRUST FUND DEVELOPMENT SURVEY REVIEW (forwarded by Finance Committee) Goldman reported this data was gathered to find out how the stakeholders view how to best use the funds when a housing trust fund is developed. To date, 19 surveys (80 sent) have been returned from housing stakeholders in the community. There were 50 responses to the City's website survey. Goldman thinks that some of the 80 may have filled out the online survey. The results indicate most people would support use of the housing trust fund between "ownership" and "rental" housing as opposed to "special needs" or "homeless." "Land acquisition" and "non-profit assistance" were regarded as the highest priority. More detailed information is contained in the packet. Some of the Commission members were not certain of the credibility the online responses. They did not seem to be as well thought out as the written responses. Goldman said some respondents gave their names and some did not. Hauck said this was not intended to be a broad survey, but a data point. Voisin is interested there were 32 people who wanted to be contacted again. Hardesty thought it was interesting information but it needs to be taken with a big grain of salt. Smith thought it might be worthwhile asking for more detailed feedback from the 32 interested individuals. Voisin said this is just a snapshot and they will be gathering input and data all along the way and keeping up with those who want to stay informed. Goldman said with regard the chart entitled "Target Income Levels for application of housing trust funds" respondents consistently felt that it should be extremely low income, low income and moderate (80 percent AMI and below). The responses were not leaning in favor or funding workforce housing. MISSION STATEMENTS REVIEW AND RECOMMENDATIONS Hauck reported that the committee got it down to three mission statements for the Housing Commission to review and decide upon. They used models from other trust funds. Comments & Sueeestions: I ) #1 says it all. 2) Like the wording : "preservation of affordable housing throughout Ashland." (#1) 3) Keep community diverse (#2) 4) "Ways and means" (#2) says more than just "production and preservation" (#1) 5) Wording such as "...preservation of housing that all of its residents can afford." 6) How do we define "resident" or what do we mean by "resident." 7) Look at the concept of "burdened" because they are paying more than 30 percent for housing. . 8) "...all of the residents of Ashland can afford" 9) Use # I and amalgamate it with #2. 10) "Construction" instead of "production" 11) Leave in "providing the ways and mean for affordable housing" so that will include other things besides construction or production and preservation. CITY OF -ASH LAN D Housing Trust Fund Survey Results The survey was direct mailed to approximately 80 recipients and 19 written responses were returned. Additionally the survey was available online and with 50 respondents to the online version, it is assumed that a number of recipients of the written survey chose to complete the online version. Surveys were completed between Feb 15' and March 5'h, 2007 For more information on Housing Trust Funds and specifically Ashland's efforts to establish a Trust Fund in our community please visit: www.ashland.or.us/htf Below the Charts and Graphs summarize the results of the Survev. What type of housing do you see as the highest priority for use of a Housing Trust Fund? High Priority Housing Types Rental Apartments No Opinion, 31% Special Needs & 15% Homeless 4% Ownership) 50% What would you believe to be the best uses of a Housing Trust Fund? Priority Uses of HTF 100% 90% - 80% 70% _ N c 60% n - N 50% lC ro 40% - - n 30% 20% 10% - 0% OC 0.0 00 OC 40 00 00 0a J`y,` aft ,r0~` k\0 \0`a0 \g\ac ac X00 P°a o°e a?°o, ram Pae Pyy Pye Fae oa s1` a ayo aya 081~ ~,a ?o `4,cag QJ`o.~. ~e ~0 ro Qt QJ ■ High Priority ® Medium Priority El Low Priority ❑ Not a Priority Should Housing Trust Funds be used to buy land for the development of housing? Use HTF for Land Acquisition 30 25 43 20 - - N a 00 n N 15 `o `m EE z 10 ~I rh ro ' r u1 a 0, High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used to pay for the construction of new housing? Use HTF for New Construction 25 - 20 9 d c 15 0 N N O 10 E z i 0-, High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used to buy existing Housing HTF for Purchase of Existing Homes 20 18 - 16 - 14 9 n c 12.- 0 w W 10- - 0 a 8- - E z 6 4 2- o. High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used for emergency repairs or rehabilitation of existing housing? HTF For Rehabilitation of Existing Housing 20 16 16 14 N C 12 - °a N K 10 O a e. E z' 6 - 4. - 2 High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used for purchase assistance for home buyers? (low interest loans; down payment grants, savings match etc.) HTF for Purchase of Existing Homes 20 16- 16-- 14 c N c 12 O O. N K 10' - O E z z 6' - 4 2 0 High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used for rental assistance? (first, last, and deposit grants; monthly subsidy) HTF for Rental Assistance zo 18- 16- 14 N 12 - 6 N K 16 O m 8 a E 6 4 Z : y 6 High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used to provide assistance to homeless individuals or families? (emergency shelter vouchers, counseling) HTF for Homeless Assistance zo 18 16- 14 e N 0 12 O N ~ 10 O `m 8 a E 3 z _ 6 of F $ ~ -rd$ ~ ~ r ~ ~ l4~{t 4 i 0 High Priority Medium Priority Low Priority Not a Priority Should Housing Trust Funds be used to provide assistance to affordable housing providers? (grants, short term loans, matching funds) HTF for Non-Profit Assistance 35 30 25 ,1v e F 9 C n 20 m m O 15 EE 2 10 5- d High Priority Medium Priority Low Priority Not a Priority What revenue source(s) would you support in funding Trust Fund? (check all that apply) Support for potential revenue sources 100% e0% 80% 3 C O % 60% m K p 50% - - o m Ca 40% m O 30% - - m a 20% - - - 10% - 0% Private Donations Sale of Surplus Local Tax Property Tax Development Fees Real Estate Property Transfer Fees Funds directed toward affordable housing uses are typically directed toward low-moderate income households. In Ashland much of the population that does not qualify as low or moderate income is still overburdened by housing costs. Given limited resources available do you feel funds should be directed toward income groups other than low income households? Please check each group(s) income level you believe should eligible to be assisted with any Housing Trust Fund Programs. Target Income Levels for application of HTF Funds 45 40 N d 7 N N 35 E °u 30 _ m m m 25 6 C 20 - u a c 15 _ e N a 0 10 n N N 5 0. Extremely low low ($16,000- moderate median ($42,500- 120% Median 150% Median (<$16,000) $32,000) ($32,000-$42,500) $52,000) ($52,000 -$69,000) ($69,000-$80,000) w U 7FD a) N O O N N = p, C (6 O L f0 O 9 > .C .L. .L-. w w 3 O O C L) U L CL -O m N Y N , (1) ° m co O-) C, O E N N E E U U N a C a) ~ p N w p N o w m N O L O_ 2 w C E L a) C m O O)- a) 6 O p m a A c w F c m > E a o c 3. m Z a) M Co 3 L m m m o > c r I m o o o m~ u 5 0 3 E w U a) o m U L) m > m o w z o m d: m a .C Cl -o Q C a) 'o m E =3 (U 0) -J 0) 0 _ 4 aj a = C w 3 w L E ; N a) O N -D O) a) = a) a) a) E Q O c d 3 C- O) M O N O 1 ° C M S -a 07 C cn o c r `O E 3 fl E O N a) N' O w D O N I w a o~ m n - ; dN oT 3.La)mo j o •5m Ix o U N 'N w p N -o N y m a m O m -o c I m m. o : F- t ` N a) 'O -O G W E L) m C 0 N E C C ' c Qm cn U:3 ) a() ~mE 000) oN `6 .c NILr0 U p a) a ` N-0 N i p N E a) N C .E O7 N C a E M O) 7 C O) = 3- a) -O C cm a) m E m Q. _m CD G a N` 01 30 N .C t m C N V) m U c a) O. U N E U G V N 3 Y L C V) O) CO w N m 0) N N a N a -0 W w = O U O) E L r= 7 E O U O O c G am+ U t m M >O N O a) "O C m m -o m 7 :F. LL C m c N C £ _ -O > 3 p_ N C > w N _ w C p- m .10 a c ov = m o.c myco- 0Nm02 C/) a n a=io 0 (h aNaa)) o°~ ~n N0cnELx a oHc>o m = a 3 O L m m a) Q a N ` s = a) 0) a) E i -NO F 'O ° ; C Vl G= - O) N -O C r 10 dm y, ~L `Q.3 oc(D m.L) 2N.2NNCE9Y000 G = a) N c = 1=6 0 7 0) " w -O of 9 Q) Q) C L 'y 0 j = rn C m m o 3 O) M V) .O a) 3 F 3 C O J N> o a > m m w a7 O) N :f. m N U C O C C 3 "6 Q O N O 2 V> N ami Er aU w aaa)) ~°o aE~ >a`) vm 75 omEaa))m' Z 0 C.) w U 0 E N `o to (j 3 0.cw no (D -C (L) _r x o a)w H pa o m fA O L J O Ca co a) L c o ~mv v0(n _ Er yorna)Nm m°(). o on O C: -C 3 L E m m a t _ a) °c C) L o ° 0) O m O 'N O~ o 0 .m U) L-, D .N 0 O. O C N .m-.7 'O 3 r- N O_ X 'U p w N n m 'y a) p m r- o 0 o 0 a w e m o 0 m t o a 'OUL 0 C y 7 m C O_° N >a OL m a) V V O m p m w C a) 0 u) -O C m 0) C C n a) 0 -0 O N O N O N m -0 a) C 3 M -O c c Q) O ,L... a) 0 0 0 E cn .!6 3 m C O U C a) a) 3 -O rz m p m rn S > m U 9 Co . w U a) a) C C O... O O L a) m w- O U _O d N T 0 o m n ~ C M O C T N CL ~ d O N '3 -0 a-om-MO ~ w 0° mm Eoa}3 3o~w0 O m O N O. E m C N O V) w U'j~ O) C N o- (D E C Q Y O .O N Vj 75 ~ N - m E m N 0) c Y O C N i N O) N N C 'o N O_ M a V) CO -O C a) t w m a) C C O L 3 c C 3 m 5 > F° U) (n Q 0 1 m 3(D 'o a) Q cq c N1 3 ° m c° m E a) ° m m L 3 N 3 0 F~1 C O U) N O Q y a) 3 U 3 'O 7 C L N>, L 9 a) c -0 Z C) N Q Z O .C U) Y N-E L 0° `O 73 N C) 0) a) m a N a) p O_.C w (D CL U) - Q m h O a) O s h O a) a) ° O 3 p 'N C L- 0 C N L It 7 F w N N t a) L a) 3 _ CO = w -O 7 N w m a C a) ° U 0 =5 0 CL a) =3 a) m O T C U) C a E 'O O w O C1 m L O a) C `O a) N D Q C d L 3 J O O N O cc c O O a3-. N a) N 7 U L N w `O N F-' -0 0 a) a) a O N L O a) C U U M O° 7> n > m N m C a) .O 3 a p N U O U mwt mw... ,y r N O Mw .c L 3.O N a).°? C_0 O >FU mfl' Z W O U E O) 3s3 .Z a) O a) co C 7 O_ - m c 3 N -r- IV a tC° O U OU 3 -p l= ~ .L.. m T m E 0) L a) N N C a 7 u-+ cm~a~.Sb3 m-oE3N-o~~Ewo O x 3 rn o :3 F- 0 O C YO. w .S .S ...a..~,.w..,....,-...,q,.,,.,.,._. W Q U cm .S m 2 L O) 0 0 Y .L.. O E O L .2 a) tw-.a N L 7 aa)) ° ° U CL . N >i -0 ~ N m n N a - C L N a) u+ N N w C L m m m O N m h m 3 n a 7 N N a) n f6 U rn 0 0 m - > y o N N m C O C w w U Z C ) -C N IL O O O a) m ` O U w N O O 0 C m C a) N N Z C: 0 N 0 w a) (nn c m 7 m N c m 0 w N U S1 (D a) 0 0 m 0 L O a 0 ca C CL L OL Y L O CL N 0-0 ° 0° O C O 'N S 7 O F' C N a) 7. N U) U~~ N w 3 m 0 C E m N C C C L L N a N $ L U a) M L LU w c m o 3 ? M 0 F C N O 3 a) ° a s fn 0 O O .C c a CL N L 0 O m 0 0 -C - 7 O c6 C m m 00 U w C 0 a -a !a S] (a `p E ca i m N -0 7 C N > ~a 7 0 w E N 0 L -C N 0 a 0 a n U 0 m.N .r N.L 0 N mm n0 ` O) N O C 7 N C N C_ C 7-C p C 0 a) m" a) n n m N° a) m 0) _ E .C O) L > a) _ o ,U U > E a W .C m m 0 m L C C a m C m 7 co O a 7 p m 0 •^7 CL 0 :3 a) _0 L O CL co 'm N n'V C M N N •L.+ (D a a) L n -o 'U -0 C 7 r .L... m m n N m - C O 0 p N 0 m a) O 7 C L 0 a-C .L-. w0 `0 0 c N U .fl S) O y a 3 j) N N C 0 0 0 L a) 0 C > O m C C C C L CL O) L a ' C m m 0 y 7 0 Q E -O 'tn F' ' j a m y0 E ° N C 0 o a) m a) C E > C CL C r N a (D > a) a) c .C Z 7 U CL N y O-0 N a) y> m Q c O 3 m 0 w C° 0 N 'N m~ m a) C m CL a) a) Y6 C ny m T;C N O O EO O F °U m -r- c U) ' N m 7 m -O C c -O n m - 7 0 C E S m a 0 0 0 N w . a m m m 7 N -0 0 C C .C j M 0 0 n a) _C - > cm N O a) U N 0 L U 0--a a ` L O M 7 N N ° o f > 0 =3 mm m 0 0' H CL N m o y N c .r- CU C) C T L m a c -D a) (D 0 C: 0 n ? aa)) U) -r- aa) o a`) Y .m m c c cn -N0 c N a mN-° 0)0L0 a;Z'3ca) ~0) am 00 (D 0 a) n n 0 0 o 0- c° N m c o 0) in c E 0 c E C O- N a N O U N C U N w w E 0 0 0 L. m O a N N a 0 C O O U O 0 a) 0 U ° c E°0 ca) oo)~ -0 E Mm 0 0E0 n 0-0 moo 0) mm U) U) O m p c 'O O C 0 C 0 N N 0 0 a) m c r d ~Y N 0 o0, 0) T N C mn m TESU ° 0 N 0 'O_N c to -0 ) . 0 E N U N a) .N 7 0 O m° 0) m m a a C CL N m v 0 a a. O.NE 7 _ n >-0 7 m Y 0 m _ m 7 E p a) lt 7 m U C C nL m o N L a j m L CL C N E 0 0 N~ NC' 0)d ~~N L N C NEC 0 7 0a Q'7 C n c c D d 0 c c a) n CO m o N .m.m c n n ,7 p Q d m m. N x 7 -o o .N 0 U n 0 W W W F C O 'N 0 w C 0 c m CL w m 0) U) E a N C Y N w L n'V > O N c (D 0 O_7 U-0 a) C 7 E C.L.. a 2 in c01a mUa =le "N' U) 0 a)mo c >,U) E0 oo): cc'cmm Hn0 'E O L 'N .L.. L) U U N C m .5 0) j p 0 a N E 0 U Z L C .tz N c - 7 U -0 E 0)n o y rnm0 ° ai'm rno'~ E m~ c E o O cc m 0) C: ET)-2 q) a) ~Q.N m c 0 0 o L O o'C.o 0a E 3 r_ L) 0 3 cn - a p c 9 C L a~ O L L X O > (D cn O 0 0 E 3 a) O C P L C S Sw m U) F-- Q -jSr~ 0 p 0 2 r- r- : m~: C"L aF co N O N v rn ti rn c Y -O C CO C y (D (D m O L C L O 7 L U C m O O m a) O c v U N ou° ~0m L=N'o mz O C Q N .C = N N 'N N> O CL N roil vi E n rn umi C mm 7 E N O m m N m U) 7 O E d v v Z ~ 0 o a) - o) F- n m y o E s v O a) 12 - C- w m L N m m O 0-0 c ° ° h z C w m EC) .-..C C T m N rOn w w y N r p U U) 0 9 Co O W O LL m M O C a)-C 7 Z m a m c Co m. S? `o n 0) m ° o 0Z E c u > C C w U (D N N O a`) E in N o c m a d v E C- N c" w m y m d ° _ a) C O O- M ' N N O d a) o mo ° - 0)o O ? co ° c w m m > E > w -0 Q) Z- LL N -O E L C L m c w - rn ` a) p ~ n S u ca a)° Zoo m30 0y.Qm 4) m v F c w N a LL m N ° - w L C o m rn o E E m D C: ° E m a) cc m -O C.L.. a, C 0 m a) a) i c d c a ( U C 7 U i 'y N CL a Z L E E '7 c w> O a C 3 Y (O Ur O 7 CO O C 0 0 0 0- c 0) O U m° O w N Nfn o vVa _o v o U O C` O O) = 01 N a) C C rn O N = U ° C L N C m C a) C -O U O O-0 N v N N - O - 0 C y a O O O t0 O m N 7 0 C Ol c 0 C C c6 a) m N o E a) a) 'O rri N n w n m mL0om-0 m mo> EcE ovNt v > m (1) E anN 4---NO Q-0 " C U) 0 m 3 0 w 'Q V) m@ E N° 7 0 U L E E K y L N m a) > L C w C 3 a a) v O o p O Ol rn a~ E m N n e w a) c° Z 0_ t o r O) C C_ 'C 7 w` O C t m a) N v O v O U o C N -O N O y y O N al > L O- O) O? 0 0 7 0 m X 3 a c N LL N- m (D > c c y o L E o° (D > 0-0 E E y C in c n s.~ ° >.x ~ z `m N -c -0 E a) a o m cn o- E o E o a° ° LV m m N Q N O N a C C L U -o O- -O L aU o w° W C N Y N - o L U O - w =o > L c C O C a) - T v v vt.. o n a) ° o a) E z, N 7 E m 0 o m m E v ° m y y m 0 a) .C U y w ~ C (n C N U C 'n _0 E O E o a) O O E O- ° w m N 0 0> w N m a) N U° 'C N .p- C N 3 J C N i C w v n C a) 'U m C C d m .w E 7 V a) " C U a) 9 O_ N Ct C O N p .Oy N a w O a m U C m a L O U p J y n L .O O N C 6 U N -O m m W U 7 Y CL O Y -O C O N X w a) m~ N W n n n > ° ymE m0mm cEcEo a) ~a;mpmm Ej 6) rnc20.~~ m N~ Ew N m a) -0 a) `E ° a = m a~ a N D N m L O W O - N O) a) E v v o y w w L E" O m a) E O 01 -o L En 7.- 'N Q) YO ` u° 4? v m c E >L" 0 o N CL =3 C: U Q) tM a 0) m ' y N m 0 N -O m a m m v m' N vii 7 L O w o O) ° N 7 a(n (D ) U U C- N N o U O L Q m a) O C N U C a) N 7 E U O C ° O) ?j C Z' 7 m a, N y C 0 v v c t C N C_ O U C c 0 0) a) 01 T a) O N H O p° m C a) C m > C O N a) m 0 « O LL L C n C L r.. -o Lo m L E N O O m U m m -O U ? d) ~ _ m y p S N p m E N c r1• m N C N m O) w m N m `-0 =O °\p t N L w w :3 to 3 U N L 0) O C m C > O C U N r.+ (0 t M o 2 3 O N -a) N az L) o ~~t.`T,~pa~o`o o o° ~N0- 0 m7o°aa)) Em7Eaa) 0E o C 0 ° « y 0 v a i. a Q t c a) ` N N .N L m L ° y N LO - E ° 0 O a) L O ` C rn m "0 L m F- L C/) U N N C " N a) a) w a) c m U 0 0 0 O c cvi v~i .U O m 0 r/1 fymA .C/) 'O O m 0 m a) C .L.+ m N E N El ° a) = y C w N Y O_ N L a) ° C C O-0 .U N N u1 N y d c n O-7. cr oa co D L) - o Z N° E y: ~'or3E=--E?v o I- c' tiZ-o c o? ai° NN a° c oa~iEmo° mymm nr u 7 Q 7> a co N m N a) .N. i°~ U) N o-.d v Z Q) m C N .L... C N .2 a) o N N m j Lnn m m~ Q QO LL a) m c n aEi c o 7 U 5 E W<=in mp rn H y L N .C U` a) C N d= m N L O O N n N 'S 'O LL a) N N; y t 7 .d E U C N 3 S C y N LL 'D U E N r O'U O O 7 C O O C 7 L:z ° C C m O 0) o m p N a) O z O 0 x n Y w 2 W z N w L W w. (X ly U E C m Y c L en N 7 C a) m a) E L O' a) a) N a a Y m ~°i om a)3 L) L) ~°aNi~ ~_c_ca N G 0) d) C Q) 75 N m N° 0° E m m m U N a) N U a w-0 a N Ecm`6a> c rnw c '?Em w 7 C U N .Lm• -C a N 0 C C ° am. -0 U U r. O ° O C O O- w C p) -d .-D) M -O a a) C n L 7 E Ci c 0) a U U a a) O C C m E> ,5 N 0 0 N L z Y co m C C ,i a) -O ` x •0 x N L a U 'd - ~N N U) 3 L aa)3 Nmo>a) :°m(' off= sEE a oo.° - m z a) N o x r a) a~ - o o 0 m - c a - U) d) ui L M° N m E _r_ m o 'm n U p 'm s c 'C a i N C~ ° O) c w T° C LE c - mo o fl_ m= C o Y a u- _0 0 C: m (D C) C Y a) w a m N O C N -x a° m C C CU N E 7 U) rZ O = m nmw:j9m min nrna~ rn~~a`) Ua)° ? N E N N 3 7° E a U .L m-, m C C L N M 0 O) > F 'S E a) a) N U C N C= a` y m c j F ^ CU M _0 (a = y Q 7 m _N a) „-7 ? 'X LL ° m C a O-'C U LL1 0) M m N r= U to C > (D a> Z u a) w co L7) ° Q m O) o N N 7`m mai m U c " = n m` n _0 y o a) E-0 N a E m c a ° 2 cH ° a m N O).N X E o c o - ca c L (D U) D C C L Co 0) w 7 p7 3 m 0 _N E N m E a) a) 'Q m w O O a) = E C O w y0 a) ° O a) U L m m E L m O EL T C a U CL N Q m o X = m O) m w N N O U N a) a} C 0 7 m a) a) 0 O C Co m m a 9 0 O C m a) E a) a) cu M '0 E U .N.. U p L C a) N co 2 C U N O m p O U j m a) N ° a) a) Q . rn o cu N N N a O L w 9 n a _ C O m a) a s w c 0 N N C ° al N n o (D a) a a a N E E C S a m a L s m 7~ .0 T C C y c a7 0_ 0 -p a) 0 m O 'al' N -O L 0 0 0/ U . N m a) w a) ° w N N -C ZZ: N a E C a O L T p fa a) N >m 0 E c U) p 0) a ° C 0 = w m Q (Dm°;, acio3~c~C Fm. m I c=5 =a~~ 73 m-0 o r E m 7 N- m c 7 N N a) O) O 9 a) m a C i O O w. m E a) a a) O> N m C C U r N m 7 m> V y 0 L CL N .N 0 (n Q) -0-0 M _0 CL 0 0 (n -T Q) C~ Q- U -O. C C O O C N N T O p O d a) O N m 0 C O L... a 07 a) c C: c m 2? a o w Q m y N w 2 co NL 2 Q (D m w Q 3 w m °a=o° ~.c >c c» aNi0c a) tm E w U _0 L Co j (D a) 7 0 N N E n N a) °auNa) VN cQ a)N EZCL N0o :3 cE Xn N E a) Y 6, a) w m ai aci 'Co LL: m aa)) a N L c) (D m (a 0 p' V _C a) 0) N C a .n F w d w m a E~ ~ N CL E - 7 y U a O 7 m e E_ 0) O) x O m C: r E-°o a) N.c z 3 0-0 7 ma v-C v~0 : ~t y° > E =rm0~ m dc:?0 Dm U.N a)= o f i- 7 Q c a) a) co `o a CL (D m o aa) c y 9 N w a o n W O C _ N O) ,m+ O co N C N M S m U C .N. O U N m m m L Q U y 0 (D a) L) .U N C) O U O -C U a) C m m .U Q O) 'a ui a) a) (D " a) C a) C) -0 m" a) 0) a) U C O 'fl 3 j - m °7 t C m E N m j a O'O L c C- m ? U= n- •E c 3 a`) m w E Z' N E aci co t a) :n o CL -0 ° N w y T.U c O 3 C O Q m C O N E L) Q M L c U 3 a> a° o o> D ami 3 0 N a) a = N m N O y w y O 0) wN, U 7 i O N N O .L.. C' w N N a m a) D L 3 O U m a= U - _ U N C> N N O U a) y C O- C U U S N T c N a C Q) C C x 0 a) vi U) O E N>C N C N m Y m 3 4 C L L Q o a T p i N N- N E E a) m m U m n m ` 7 y6 m C m N N T i- z cE.'c°>0-)a)'Ea)-° ~m°°Noo'L EQ))xaa7)c° a)0~E a)o°)mN°maa))(a > U(Dcn=aa))n-0 0) Zm~ aNiwya~w n_p u E S C rn N w L p(D a) i m 7 Y E m C m 0 ` L N m O) LO 0-0 m N 'y u) L m-- N O O co N 'm N N> U 'O 7 O N a) C n m~- LJ,J N 7 a) a N O Q O L M N N y 0_ O N U N w O L C m N m N a) L " _ +-U V (n Q) X 7 O) 7 a' C m L 7 a s U U N L` U a+ x 0 N 0 0) C m 7 0 0 c U C m a) 7 N m a) L 0 ~ -t CL z, M m'c ac) i 0 o ° oQ c Ea C o >.E `m a) amity o N m 0 > z 0 > n.- a 4- CLmU.-p_°--~.N ara)aa)a o aa> X(D y L c E 0) U W a` Q U) CL U) :3 d 0 cn L) 3 m +L„ C N C p- 7 m w a) U _ m = C-C 9 N w U m a _ a m a, O N c m m Q U T U O a) O > .N - Q N 0> y N a) a) V '0 O L L U D a) O N CD 4) c O o a) C C -C a) a) L i j 7 a) U a) a) O O a) T 0 ~ ~a mL E'. s a) . c - . EL m 0 m.c C~ a~ Uw 9?F CITY OF ASHLAND Council Communication Water Regulation and Cross Connection Codification / Repeal Meeting Date: September 16, 2008 Primary Staff Contact: Mike Faught Department: City Attorney's Offt e E-Mail: faughtm@ashland.or.us Secondary Dept.: Public Works Secondary Contact: Megan Thornton Approval: Martha Benne Estimated Time: 10 minutes Question: Should the City Council conduct and approve First Reading of an ordinance titles, "An Ordinance relating to water regulations and cross connection, and repealing Ordinance 2773" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for October 7, 2008. Background: The Ashland Public Works Department, Water Quality Division, requested an update to the City's water regulation and cross connection ordinance due to numerous changes in the Oregon Administrative Rules. The water regulation ordinance explains how a customer can connect into the City's water supply. To that end, the regulations are divided into specific subsections that include definitions, service connections, and water meters, temporary service connections, hydrants, responsibility for customer facilities and/or equipment, backflow prevention, inspection of premises, surge control, non compliance with regulations, and penalties. There are three major revisions proposed in this draft ordinance. First, the City's previous water regulation and cross connection control ordinance was never codified and made part of the AMC. Therefore, this proposed ordinance, if approved, will codify the water regulations and incorporate them into the AMC. Second, the proposed ordinance updates definitions to be consistent with state law. The definitions were updated to reflect the current backflow assemblies allowed by the Oregon Department of Human Services. Finally, the proposed ordinance modifies the penalty provision of the ordinance to state that the fine for a violation would be $500. The Ashland City Charter limits the maximum fine permitted for a violation, not a crime, to five hundred dollars. Cross connection creates a serious public health threat and therefore warrants the maximum penalty. Of the three major revisions to the code, protecting the water system from a cross connection or backflow represents the bulk of the new language. The proposed code changes represent a prudent course of action for the City of Ashland as a cross connection or backflow event represents the greatest threat to a potable water system. Therefore, it is important that the type and manner of connection is carefully regulated as the City of Ashland is responsible for the delivery of treated potable water to every business and resident in Ashland. And as such, the State of Oregon mandates that water purveyors provide cross connection and backflow control rules to protect the City's water system from contaminants and pollutants that could cause a public health hazard. Page 1 06-17-08 Cross Connection CITY OF -ASHLAND To protect Ashland's potable water supply from cross connection or backflow events, sections 14.05.010 (Definitions) and 14.05 .060 (Backflow Prevention) are substantially updated in accordance with OAR's. The definition section includes the name and descriptions of the types of backflow assemblies • Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, • Double Check Valve Backflow Prevention Assembly, • Double Check-Detector Backflow Prevention Assembly, • Reduced Pressure Principle Backflow Prevention Assembly, • or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a complete unit. • Air Gap (not a device, but an appropriate air gap provides the highest level of protection). The types of assemblies included in the draft ordinance provide appropriate levels of protection based on the potential threat. The highest potential threat levels to the water system are protected by either an air gap or Reduced Pressure Principle assembly. Examples of the highest threat levels to the water distribution system are as follows: • Auxiliary water supply (Talent Irrigation District Irrigation systems), • Premises that contain materials dangerous to health that could backflow into the water system, • Water, Gas, Chemicals or foreign substances placed in the system that may backsiphonage or back flow into the cities drinking water system. Once the appropriate level of cross connection and backflow protection has been installed it is then critical to make sure that those devices are tested annually. While the proposed ordinance has not significantly changed in that regard from Ordinance 2773, it is important to emphasize this part of the program. Non compliance of the ordinance puts the cities drinking water at risk. Therefore, timely inspections and repairs of all backflow devices are crucial. Equally, taking appropriate action, up to and including terminating water service, against those who refuse to comply with the cross connection backflow control ordinance is important to protect Ashland's drinking water supply. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (1) Move to approve First Reading and continue the matter to October 7, 2008, for Second Reading. (2) Postpone consideration. Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading for October 7, 2008. Attachments: ■ Proposed ordinance ■ Ordinance 2773 Page 2 06-17-08 Cross Connection ~r, ORDINANCE NO. AN ORDINANCE RELATING TO WATER REGULATION AND CROSS CONNECTION, AND REPEALING ORDINANCE 2773. Annotated to show deletions and additions to the code sections being modified. Deletions are bold ' and additions are bold underlined. WHEREAS, the City of Ashland wishes to update its water regulation and cross connection ordinance, and WHEREAS, the water regulation provisions should be codified into the Ashland Municipal Code. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 14.05.010 [Definitions] through 14.05.120 [Penalties] are hereby added to read as follows: 14.05.010 Definitions. A. Administrator: the City Administrator for the City of Ashland. B. Applicant: an individual firm, corporation, or authorized agent applying for water service. C. AMC: the Ashland Municipal Code. D. Approved Air Gap (AG): a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non- pressurized receiving vessel. An "Approved Air Gap" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than 1 inch (2.54 cm), and in accord with Oregon Plumbing Specialty Code. E. Approved Backflow Prevention Assembly: a. Reduced Pressure Principle Backflow Prevention Assembly. Reduced Pressure Principle-Detector Backflow Prevention Assembly, Double Check Valve Backflow Prevention Assembly. Double Check-Detector Backflow Prevention Assembly, Pressure Vacuum Breaker Backsiphonage Prevention Assembly, or Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, of a make, model, orientation, and size approved by the Department. Assemblies listed in the currently approved backflow prevention assemblies list developed by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, or other testing laboratories using equivalent testing methods, are considered approved by the Oregon Department of Human Services. F. Backflow: the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable sul5ply of water from any sources other Cross Connection Codification and Repeal Ordinance 2773 Page 1 of 15 than its intended source, and is caused by backsiphonage or backpressure. G. Backflow Prevention Assembly: a backflow prevention assembly such as a Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly, Double Check Valve Backflow Prevention Assembly, Double Check- Detector Backflow Prevention Assembly, Reduced Pressure Principle Backflow Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a complete unit. H. Backpressure: an elevation of pressure downstream of the distribution system that would cause, or tend to cause, water to flow opposite of its intended direction. 1. Backsiphonage: a drop in distribution system pressure below atmospheric pressure (partial vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction. J. Bore-Sighted Drain to Daylight: an unrestricted straight-line opening in an enclosure that vents to grade, and is sized and constructed to adequately drain the full flow discharge from a reduced pressure principle backflow prevention assembly thus preventing any potential for submersion of the assembly. K. Check Valve: a valve, which allows flow in only one direction. L. City: the City of Ashland, a municipal corporation in the State of Oregon. M. Contaminant: any physical, chemical, biological, or radiological substance or matter in water that creates a health hazard. N. Council: City Council for the City of Ashland, Oregon. 0. Cross Connection: any actual or potential unprotected connection or structural arrangement between the public or user's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substances other than the intended potable water with which the system is supplied. Bypass arrangements, iumper connections, removable sections, swivel, or change-over devices, and other temporary or permanent devices through which, or because of which, backflow can occur are considered to be cross connections. P. Customer: any individual firm or corporation receiving water service from the City. 0. Customer Facilities and/or equipment: facilities and/or equipment located on customer premises used for receiving, controlling, applying, and/or utilizing City water. R. Customer Control Valve: a valve installed at or near the outlet of water meter for use by customer to control water to premises. S. Director: the Public Works Director or Engineer for the City of Ashland. T. Distribution System: the network of pipes and other facilities, which are used to distribute water from the source, treatment, transmission, or storage facilities to the water user. Cross Connection Codification and Repeal Ordinance 2773 Page 2 of 15 U. Double Check-Detector Backflow Prevention Assembly (DCDA): a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard. V. Double Check Valve Backflow Prevention Assembly (DC): an assembly of two independently acting approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is designed to protect against a non-health hazard. W. Federal: the United States of America, Environmental Protection Agency. X. Health Hazard (Contamination): an impairment of the quality of the water that could create an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, or other substances. Y. Human Consumption: water used for drinking, personal hygiene bathing, showering, cooking, dishwashing and maintaining oral hygiene. Z. Hydrant: a device providing City water for fire protection, examples include fire hydrants and standpipes. AA. Local Administrative Authority: the individual official, board, department or agency established and authorized by a state, county or city to administer and enforce the provisions of the Oregon State Plumbing Specialty Code as adopted. BB. Non-Health Hazard (Pollution): an impairment of the quality of the water to a degree that does not create a hazard to the public health, but does adversely affect the aesthetic qualities of such water for potable use. CC. OAR: Oregon Administrative Rules. DD. ODHS: the Oregon Department of Human Services. EE. Oregon Plumbing Specialty Code (OPSC): the latest edition of the Uniform Plumbing Code as adopted and/or amended by the State. FF. Point of Delivery (POD): the point of connection between a public water system and the user's water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies. See "Service Connection." GG. Pollutant: a substance that creates an impairment of the quality of the water to a degree which does not create a hazard to the public health, but which does adversely affect the aesthetic qualities of the water. HH. Potable Water: See Safe Drinking Water. II. Potential Cross Connection: a cross connection that would most likely occur, but may not be taking place at the time of an inspection. JJ. Premises: means real estate and the structures on it. KK. Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB): an assembly consisting of an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped Cross Connection Codification and Repeal Ordinance 2773 Page 3 of 15 with properly located resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage conditions only. LL. Private Water Main: a water main installed by customer to serve customer's premises. A private water main may provide, but is not limited to, private hydrants, private fire protection systems, landscape irrigation, multiple buildings or customer's equipment. MM. Private Water System: any water system for water supply other than the City water system. Examples include: wells, springs, ponds, streams, and the Talent Irrigation District water. NN. Public Health Hazard: a condition, device or practice which is conducive to the introduction of waterborne disease organisms, or harmful chemical, physical, or radioactive substances into a public water system, and which presents an unreasonable risk to health. 00. Public Water System: a system for the provision to the public of piped water for human consumption, if such system has more than three service connections, or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by 10 or more individuals per day. Public water system also means a system for the provision to the public of water through constructed conveyances other than pipes to at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a "Community Water System," a "Transient Non-Community Water System," a "Non-Transient Non-Community Water System" or a "State Regulated Water System." PP. Reduced Pressure Principle Backflow Prevention Assembly (RP): an assembly containing two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard. QQ. Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA): a specifically designed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard or a health hazard. RR. Regular Working Hours: Winter from 8:00am to 4:30pm and summer from 7:00am to 3:30pm, Monday through Friday, except holidays. SS. Safe Drinking Water: water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological or Cross Connection Codification and Repeal Ordinance 2773 Page 4 of 15 Physical substances so that individuals drinking such water at normal levels of consumption, will not be exposed to disease organisms or other substances which may produce harmful physiological effects. TT.Service Connection: the piping connection by means of which water is conveyed from a distribution main of a public water system to a user's premise. For a community water system, the portion of the service connection that conveys water from the distribution main to the user's property line, or to the service meter, where provided, is under the jurisdiction of the water supplier. UU. Spill Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB): an assembly containing an independently operating, internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only. VV. Spring: a naturally occurring discharge of flowing water at the ground surface, or into surface water. Springs can be derived from groundwater or they can be surface water influenced. WW. State: the State of Oregon Department of Health and/or Department of Environmental Quality. XX. Surface Water: all water, which is open to the atmosphere and subject to surface runoff. YY. Temporary Service Connection: a service connection installed for circuses, bazaars, fairs, construction work, or similar short term temporary usage, the location of such is to be determined by City. ZZ.Vault: an approved enclosure above or below ground to house a backflow prevention assembly that complies with the local administrative authority having jurisdiction. AAA. Water Meter: a device for measuring water flow to water supply line housed in an approved meter box and located between the water service line and water supply line. BBB. Water Meter - Exempt: a water meter as defined above for a use that does not return water to the City of Ashland sanitary sewer system. Such meters will be exempt from sanitary sewer charges. Examples of exempt meters are meters used for landscaping or a self-contained process such as juice or soft drink manufacture. CM Water Supply Line: a customer owned water line located between water meter and plumbing on the premises. DDD. Water System: the City owned and operated water system, which includes, but is not limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire hydrants, and appurtenances. 14.05.020 Water Service Connection and Water Meter. Cross Connection Codification and Repeal Ordinance 2773 Page 5 of 15 A. Water Service Connection. 1) Location. The City shall install the water service connection in a location approved by City. The water service connection shall be installed between the water main and the customer's propert v line. If Customer requests an alternate location on customer's propertv and City approves the location, an easement to the City shall be provided by customer for location of City approved water service connection or water meter. The Customer will pav all costs. 2) Size. The water service connection size shall be in accordance with OPSC. The minimum size of a water service connection shall be three quarters inch (3/4") inside diameter. B. Water Meters Including Exempt Meters. 1) Location. A water meter shall be installed by City at the termination of a water service connection. The water meter shall be located at the propertv line on public right-of-way or public property. If the Customer requests an alternate location on customer's property, and City approves the location, an easement to the City shall be provided by customer to allow the City to install the City approved water service connection or water meter. Customer will pav all costs. 2) Size. The water meter size shall be determined by the City based on the OPSC and water meter manufacturer's recommendation. The minimum size meter is three-quarters inch (3/4") inside diameter. C. Water Meter Accuracy. Customer may request a water accuracy test. Prior to the request being granted, customer shall deposit an amount with the City, as established by Council. If the water meter accuracy test is within ±5% of manufacturer's standard, customer shall forfeit deposit. If the water meter accuracy check exceeds ±5 of manufacturer's standard, City shall install a replacement water meter and deposit shall be refunded to customer: D. Installation Charges. Installation charges for water service connections and water meters shall be established by Council. E. System Development Charge (SDC). A reimbursement fee, a public improvement charge or a combination assessed and collected as specified in Section 4.20.070 of the AMC. F. Access to Service Connection. Customer shall keep premises free from any and all rubbish or material which would prevent City from having free access to any service connection and/or water meter. G. Ownership and Maintenance. 1) City is the owner of service connection. Authorized City personnel shall install and maintain service connections at City's expense. If a customer damages the service, the customer is Cross Connection Codification and Repeal Ordinance 2773 Page 6 of 15 liable for all costs of repair and/or replacement incurred, and the Customer shall be billed by the City for all the costs. 2) Customer is the owner of the water supply line and is responsible for construction, repair, and maintenance of the water supply line. H. Joint Water Services. City may, at City option, serve two (2) or more premises with one water service connection. The size of a ioint water service connection shall be determined by the City based on OPSC standards and the water meter manufacturer's recommendations. 1. Sub-Meters. Sub-meters are water meters installed by customer for the convenience of customer. City will not furnish or read sub-meters. J. Change in Size or Location of Water Service Connection and/or Water Meter. A customer requesting a change in location or size of a water service connection and/or water meter, shall be liable for all costs incurred by City as established by Council. City shall approve all relocations. K. Water Service Connection or Private Water main. City shall discontinue water service when a private water main or supply or private appurtenance(s) are not constructed or properly maintained by the customer in accordance with City, State, or Federal laws and these water regulations. L. Customer's Control Valve(s). Customer is required to install a control valve which controls the water supply to customer premises. Customer control valve shall be located between the City water meter and the customer water supply line. The purpose of customer control valves is to provide customers with a method of discontinuing water service to their premises. The cost of furnishing and installing customer control valves by the City will be as established by Council. 14.05.030 Temporary Service Connection. A. Time Limit. Temporary service connections shall be disconnected not more than ninety (90) days from the date of installation. An extension may be granted by the City upon request from the customer. B. Charges for Installation. The customer shall be required to deposit with the City the following amounts as established by Council: 1) Estimated cost of installation and removal of temporary service connection. 2) Estimated cost of water served through the temporary service connection. 3) Cost equal to the value of the temporary service connection. C. Refund of Charges for Installation. 1) Refund. If the deposit exceeds the City's costs, the City shall refund the customer deposit less the City's cost of removing the temporary service connection. Cross Connection Codification and Repeal Ordinance 2773 Page 7 of 15 2) Additional Billing. If the deposit is less than the City's costs, the customer shall pay the additional costs to City. Permanent water supply lines shall not be connected to water service lines until costs are paid in full. D. Charges for Water Served. Charges for water shall be based on standard water rates established by Council. E. Responsibility for Temporary Water Service. The applicant and/or customer is responsible for all damage and/or maintenance required for temporary water service beginning at the time of installation and ending at the time of removal by City. 14.05.040 Hydrants. A. Use of Hydrants. 1) No person shall tamper, damage, or use water from a hydrant without first obtaining written approval from the Director or designee. 2) Some city owned hydrants exist outside the corporate City limits. The use of such hydrants is restricted to City and authorized personnel only. Anyone desiring to use these hydrants must obtain written approval from the Administrator or designee. B. Relocating Hydrants. 1) Cost. If an applicant and/or customer requests relocation of a fire hydrant the applicant and/or customer shall be liable for all costs incurred. 2) Deposit. A deposit in the amount of estimated costs of relocating the hydrant shall be required. If the deposit exceeds the actual costs, the applicant and/or customer shall be refunded their deposit less actual cost. If the deposit is less than City's costs, the additional costs shall be due and payable prior to activation of the hydrant. 3) Fire Department Approval. The applicant and/or customer shall receive written approval from the Ashland Fire Department prior to requesting relocation of a hydrant. 14.05.050 Responsibility for Customer Facilities and/or Equipment. A. Condition of Customer Facilities. The customer shall install and maintain, in a good and safe condition, all facilities and/or equipment required for receiving, controlling, applying and/or utilizing City water. The City shall not be liable for any loss or damage caused by improper installation, negligence, want of proper care, wrongful act(s) of customer or customer's tenants, agents, employees, contractors, licensees, or permittees installing, maintaining, using, operating, or interfering with customer's facilities and/or equipment. Cross Connection Codification and Repeal Ordinance 2773 Page 8 of 15 B. Water Service Billing Adjustments. No reduction in charges for water service shall be made for any cause, including leaks, freezing or similar instances. However, if the customer's facilities and/or equipment include facilities that are beyond the customer's control, the customer makes an immediate and diligent effort to repair the break as soon as possible after its discovery, and circumstances warrant it, such as with a break-in, the City, upon wriften request by the customer, may make an adjustment to the water service charge. The adjustment shall be based on previous years usage for the same billing period. Adiustments shall not exceed 50% of the difference between current and previous usage. All adjustments shall be made in accordance with the AMC. C. Damage to Customer Facilities. The City shall not be responsible for damage to property caused by customer's facilities and/or equipment when, or while, water service is in use by the City for repair or replacement of water mains, water services, or similar City owned and operated facilities relating to the production, treatment, or distribution of water to the customer's facilities. When possible the City will make a reasonable attempt to notify the customer of such activity. 14.05.060 Backflow Prevention. A. Purpose. The purpose of cross connection and backflow control is to: 1) Protect the public potable water supply of Ashland from contaminants and pollutants by isolating the customer's internal distribution system(s) or private water system(s) from the backflow of contaminants and pollution into the public water systems. 2) Promote the elimination or control of existing cross connections, actual or potential, between the customer's potable water system and non-potable water systm, plumbing fixtures and industrial piping systems, and 3) Provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems. B.. Cross Connections Regulated. All current or future cross connection assemblies shall be installed, used, or maintained in accordance with this Chapter. C. Backflow Prevention Assembly Requirements. 1) Customers adding chemicals or other substances to City water shall notify the City immediately. 2) Approved backflow prevention assemblies shall be installed at the location service connection, or as determined by the Citv certified cross connection control inspector. Customer shall be liable for all associated costs. Cross Connection Codification and Repeal Ordinance 2773 Page 9 of 15 3) Customer's water supply line and plumbing shall be open for City inspection. City authorized representative shall determine if structural or sanitary hazards exist due to cross connection devices. Upon the City's awareness of a hazard, the City shall discontinue service to premises. Water service shall resume following correction, inspection, and City approval of the customer's corrections. 4) Backflow protection shall be installed when a cross connection exists. The degree of the hazard shall determine the correction needed. (a) Premises with an auxiliary water supply connected, or intended to be connected, to the City water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. The City discourages such cross connections because of the high potential for backflow into the City water system. The City reserves the right to refuse such connections. (b) Premises that contain materials dangerous to health that could enter into the City's water system shall install a an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. (c) Premises using or storing objectionable substance not hazardous to health shall protect the City water system by installing an approved backflow prevention assembly. (d) Irrigation systems may be protected by a DCVA, PVB, or RP assembly. (e) When water, gases, chemicals, or foreign substances that may contaminate the public water system as a result of backflow or backsiphonage are placed in the system, a reduced pressure principle backflow prevention assembly or an air gap separation shall be installed. 5) All City equipment using City water within the City water system shall protect the water with an approved assembly. Examples are street sweepers, fire trucks, and tanker or flusher trucks. 6) Installation of backflow prevention assemblies shall.comply with the installation guidelines defined in these rules. 7) Customer shall keep backflow prevention assemblies in good working condition at all times. Customer shall have annual inspection and leakage tests by an individual certified by the State. Additional inspections shall be required when successive inspections indicate failure. Customer shall be financially liable for inspections and tests performed by City or private certified individuals. City shall be responsible for tests being completed in a timely manner. Defective backflow prevention assemblies shall be repaired, overhauled, or replaced at customer expense. All Cross Connection Codification and Repeal Ordinance 2773 Page 10 of 15 backflow prevention assembly testing records shall be submitted to the City Records of such tests, repairs, and overhauls shall be maintained by the City. 8) Existing backflow prevention assemblies, which do not meet requirements of these rules, but were approved devices at the time of installation, and have been properly maintained, shall be excluded from the requirements of these rules except for the requirement in subsection 14.05.060(C)(7). The City water system must be protected in a method as determined by City. Whenever an existing assembly is relocated, the assembly shall meet requirements of these regulations. 9) If internal cross connections are not correctable, or an intricate plumbing arrangement makes it impractical to determine if a cross connection exists, City shall determine what backflow prevention assemblies are required. 10) All installation shall be in accordance with the OPSC. 11) All new construction plans shall be submitted to the Director or designee for approval. 12) If a backflow prevention assembly is required to accomplish the purpose of these regulations, installation shall be made by the homeowner, licensed landscape contractor, or licensed plumbing contractor. 13) If an appropriate cross connection application has not be filed with and approved by the City, water service shall be discontinued. 14) Pursuant to the ODHS and OAR Chapter 333, Division 61, an approved Double Check Valve Backflow Prevention Assembly (DC) shall be the minimum backflow protection for fire line services. (a) A Double Check Detector Backflow Prevention Assembly (DCDA) is required by City. (b) Systems that incorporate an antifreeze loop containing any type of chemical shall have an approved Reduced Pressure Principle Backflow Prevention Assembly installed on the antifreeze loop. D. Installation Requirements. To ensure proper operation and accessibility of all backflow prevention assemblies, the following is required: 1) No part of the backflow prevention assembly shall be submerged or installed in a location subject to flooding. If a backflow prevention assembly is installed in a vault or basement, adequate drainage shall be provided. (a) DCDA's may be installed below grade in a vault, provided that plugs are installed in the test cocks. 2) Assemblies must be installed at the connecting point of the City water service connection. Alternate locations must be approved by the Director or designee prior to installation. Cross Connection Codification and Repeal Ordinance 2773 Page 11 of 15 3) Assemblies must be protected from freezing and/or other severe weather conditions. 4) Backflow prevention assemblies shall be approved by the ODHS and the City. .5) Assemblies specifically approved by the Oregon Department of Human Services for vertical installation shall be installed plumb. 6) Assemblies shall be accessible for maintenance and testing. Assemblies 2" and smaller shall have a minimum 6" clearance on all sides of the assembly. All devices larger than 2" shall have a minimum clearance of 12" on the back side, 24" on the test cock side, 12" below the assembly, and 36" above the assembly. 7) Any assembly installed inside premises shall be readily accessible during the City's regular working hours. 8) If an assembly is installed inside of premises, 5' above the floor and 2.5" or larger, the assembly must be equipped with permanently installed scaffolding approved by the City. Installation must also meet the U.S. Occupational Safety and Health Administration requirements and the State of Oregon Occupational Safety and Health Codes. 9) Reduced Pressure Principle Assemblies may be installed in a vault only if the relief valve discharge can be drained to daylight through a "boresight" type drain. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. 10) An approved air gap shall be located at the relief valve orifice. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than 1". 11) When a backflow assembly is deemed necessary by the City, the model of assembly and installation plans shall be submitted to the City Water Department for approval prior to installation. 12) Upon completion of installation, the City shall be notified and all assemblies must be inspected and tested by certified personnel. All backflow assemblies must be recorded with the City. Registration records shall provide the installation date, make, model, serial number of the backflow assembly, and the initial test report. Any variances from these installation requirements shall be requested in writing by the customer and approved by the Director or designee in writing prior to assembly installation. E. Access to Premises. Authorized employees of the City, with proper identification, shall have access during reasonable hours to all parts of the premise. If a customer refuses to give the City access to the premise for the purpose of inspection after receiving reasonable notice of the inspection at a reasonable time, then either a reduced pressure principle assembly shall be installed at the service connection to Cross Connection Codification and Repeal Ordinance 2773 Page 12 of 15 customer's premise at customer's expense by the City, or the City may discontinue water service to the premises. F. Annual Testing and Repairs. All assemblies installed by a customer as required by the City shall be tested immediately upon installation and then annually by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced. The City may deny or discontinue water service to the premise for noncompliance of testing and/or repairs. All testing and repairs are the financial responsibility of the customer. G. Variances. Any variances from these requirements shall be requested in writing by the customer and approved by the Director or designee prior to assembly installation.' H. Cost of Compliance. All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the responsibility of the customer. 1. Termination of Service. Failure on the part of the customer to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for immediate discontinuance of water service to the premises. OAR Chapter 333, Division 61. The Director or designee shall make said determination. 14.05.070 Inspection of Premises. The City reserves the right to inspect the customer's premises if there is reason to believe that an unsafe condition exists. The City may refuse water service and disconnect the service connection from the water supply line if the plumbing, appliances or equipment using the water are dangerous, unsafe or not in compliance with all City, State or Federal laws or standards. 14.05.080 Grounding Wire Attachments. The attachment of any ground wire(s) to any plumbing or water supply line shall be at the customer's risk. The City assumes no liability for damage to customer's premises or persons on customer's premises caused by the ineffectiveness of such a grounding wire or system. The City shall hold customer liable for any damage to City property caused by customer's grounding wire or system. 14.05.090 Surge Control. A. City Control. The City may discontinue water service if customer's facilities and/or equipment create excessive pressure surges in City water system. The Director or designee shall determine "excessive pressure surges." B. Customer Responsibility. If the applicant and/or customer's facilities and/or equipment creates excessive pressure surges in the City water system, the applicant and/or customer shall be responsible to install Cross Connection Codification and Repeal Ordinance 2773 Page 13 of 15 the City approved surge control equipment and maintain the surge control equipment in proper operating order at applicant/customer's expense. If the City determines excessive pressure surges from the applicant and/or customer's facilities and/or equipment has caused damage to the City water system, the City may bill the customer for cost of repairs of said damage. 14.05.100 Pressure and Supply. The City assumes no responsibility for loss or damage caused by lack of water volume or water pressure. The City agrees to provide water service to the applicant and/or customer at pressures and volumes as are available in the water system. Water service is subject to shut-downs and variations required for the operation and maintenance of the water system. 14.05.110 Noncompliance with Regulations. The City may discontinue water service if the customer fails to comply with this ordinance. The cost of discontinuing and restoring water service to the customer shall be established by the Council. 14.05.120 Penalties. A violation of this section shall be punishable by a minimum fine of $500 upon conviction. SECTION 2. Repeal. The City of Ashland Ordinance No. 2773 is hereby repealed in its entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. 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 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, Cross Connection Codification and Repeal Ordinance 2773 Page 14 of 15 or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) 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 2008, and duly PASSED and ADOPTED this day of 2008. Barbara M. Christensen, City Recorder 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 2008, and duly PASSED and ADOPTED this day of 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Cross Connection Codification and Repeal Ordinance 2773 Page 15 of 15 ORDINANCE NO. 4773 AN ORDINANCE PRESCRIBING THE REGULATIONS GOVERNING WATER SERVICE BY THE CITY OF ASHLAND, OREGON; REPEALING ORDINANCE NO. 1676, AND PROVIDING THE PENALTY FOR VIOLATIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The "City of Ashland Department of Public Works Water Regulations," attached to this ordinance as "Exhibit A," and incorporated into this ordinance as though fully set forth, are the rules and regulations governing the use and sale of water within and without the City of Ashland from the city's municipal water system of Ashland, Oregon. SECTION 2. Ordinance No. 1676, which pertains to water service regulations and rates, is repealed. SECTION 3. Every person who willfully violates any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500. The foregoing ordinance was first read by title only in accordance withArticle X, Section 2(C) of the City Charter on the A/ day of &4j,Yll b" Y L 1995, and duly PASSED and ADOPTED this day of ~(1J7t f~~ 1995. Barbara Christensen, City Recorder SIGNED and APPROVED this ~o day of 1995. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 1 - ORDINANCE (y:erdlwetr-ser.erd) CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS WATER REGULATIONS EXHIBIT "A" TO ORDINANCE-,f 273 PREFACE Water service is furnished by the City of Ashland to the residents and businesses of Ashland as per the City Charter, Article XVI, Section 1. SECTION 1: DEFINITIONS ADMINISTRATOR: The City Administrator for the City of Ashland. APPLICANT: An individual, firm, corporation or authorized agent applying for water service. AIR GAP SEPARATION: A physical separation between the free flowing discharge end of City water system and overflow rim of an open or non-pressure receiving vessel. Size of air gap shall be a minimum of twice the diameter of inlet pipe measured vertically above the top overflow rim of the receiving vessel, but no less than one inch. AMC: The Ashland Municipal Code. ASSEMBLY: A device to counteract back pressures or prevent back siphonage. Device must be in accordance with this ordinance and approved by the Oregon State Health Division. ATMOSPHERIC VACUUM BREAKER: A device which allows air to enter the water system when pressure is reduced to zero or below. BACKFLOW: The flowing back, within a premises and/or private water system, of water, gases, chemicals or foreign substances into the City water system. Backflow is caused by a differential pressure existing between two different points within a continuous fluid system caused by either backsiphonage or backpressure. PAGE 1 - WATER REGULATIONS IP:h20regs.or2) BACKFLOW PREVENTION DEVICE: State approved device that prevents siphoning or backflow of water, gases, chemicals or foreign substances from a private water system, main, or water supply line to the City water system. CHECK VALVE: A spring loaded, or internally weighted assembly intended to provide a rapid and positive closure between customer and City water systems. A check valve must seat readily, completely, and be constructed with free moving parts, assuring water tightness. The base must be molded with synthetic rubber, composition or other non- corrodible material. Pins and bushings shall be of bronze, or other non-corrodible, non- adhesive material, and machined for ease and dependability of operation. CITY: The City of Ashland, a municipal corporation in the State of Oregon. CONNECTION FEES: Fees specified by Council for the installation of a water service line and meter. COUNCIL: City Council for the City of Ashland, Oregon. CROSS CONNECTION: A connection, directly or indirectly, to a private water system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device that contains water, gases, chemicals or foreign substances that may contaminate the public water system as a result of backflow or backsiphonage. Bypass arrangements, juniper connections, removable sections, swivel or change over devices, or other temporary or permanent devices in which backflow may occur are cross connections. CUSTOMER: Any individual, firm or corporation receiving water service from the City. CUSTOMER FACILITIES AND/OR EQUIPMENT: Facilities and/or equipment located on customer's premises used for receiving, controlling, applying and/or utilizing City water. CUSTOMER CONTROL VALVE: A valve installed at or near the outlet of water meter for use by customer to control water to premises. DIRECTOR: The Public Works Director/City Engineer for the City of Ashland. DOUBLE CHECK VALVE ASSEMBLY (DCVA): A spring loaded, or internally weighted device consisting of two check valves located between two shut off valves. DOUBLE DETECTOR CHECK VALVE ASSEMBLY (DDCVA): A backflow device used to detect leakage or usage of water. A DDCVA is installed in a bypass configuration consisting of a hybrid version of mainline Double Check Valve Assembly (DCVA) and a smaller, factory installed, DCVA with meter. FEDERAL: The United States of America, Environmental Protection Agency. PAGE 2 - WATER REGULATIONS Ip:hM.gs..,21 HYDRANT: A device providing City water for fire protection. Examples include fire hydrants and standpipes. MAIN LINE: A publicly owned and operated water line which serves more than one customer. Water mains for residential areas shall have a minimum inside diameter of six (6) inches. Water mains for non-residential areas shall have a minimum inside diameter eight (8) inches. OAR: Oregon Administrative Rules. PREMISES: A customer's tract of land, structure(s) and/or building(s) receiving City water service through a single water meter. PRESSURE VACUUM BREAKER: An independent operating air inlet valve installed as a unit between two closing shut off valves consisting of one or more spring loaded check valves. An air inlet valve is internally loaded to open position. PRIVATE WATER MAIN: A water main installed by customer to serve customer's premises. A private water main may provide, but is not limited to, private hydrants, private fire protection systems, landscape irrigation, multiple buildings or customer's equipment. PRIVATE WATER SYSTEM: Any water system for water supply other than the City water system. Examples include wells, springs, ponds, streams and the Talent Irrigation District water. PSI (or psi): Pounds per square inch, a measure of fluid pressure. REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device consisting of two independently acting check valves and a differential pressure relief valve. This device shall be installed as a unit between two tight closing shut off valves. During normal operation the pressure between the two check valves shall be maintained at a lower pressure than the supply pressure. If either check valve should leak, the differential pressure relief valve will maintain a pressure differential of not less than two psi between the supply pressure and the zone between the check valves by discharging water to atmosphere. REGULAR WORKING HOURS: Winter from 8:00 a.m. to 4:30 p.m. and summer from 7:00 a.m. to 3:30 p.m. Monday through Friday except holidays. SERVICE CONNECTION: City owned water service line and water meter. STATE: The State of Oregon Department of Health and/or Department of Environmental Quality. PAGE 3 - WATER REGULATIONS (ph20r.a...,2) TEMPORARY SERVICE CONNECTION: A service connection installed for circuses, bazaars, fairs, construction work or similar short tern temporary usage. Location to be determined by City. UNIFORM PLUMBING CODE: The latest edition of the Uniform Plumbing Code as adopted and/or amended by the State. WATER METER: A device for measuring water flow to water supply line housed in an approved meter box and located between the water service line and water supply line. WATER METER - EXEMPT: A water meter as defined above for a use that does not return water to the City of Ashland sanitary sewer system. Such meters will be exempt from sanitary sewer charges. Examples of exempt meters are meters used for landscaping or a self-contained process Such as juice or soft drink manufacture. WATER SERVICE: The act of providing potable water by the City through a service line and water meter to a customer. May also include a backflow prevention devise as determined by the City. WATER SERVICE LINE: The pipe, valves and appurtenances, located between main line and water meter. WATER SUPPLY LINE: A customer owned water line located between water meter and plumbing on the premises. WATER SYSTEM: The City owned and operated water system which includes, but is not limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire hydrants and appurtenances. SECTION 2. WATER SERVICE LINE AND WATER METER 2.01 WATER SERVICE LINE. 2.01.01 LOCATION. The City shall install the water service line in a location approved by City. Water service line shall be installed between water main and customer's property line. If Customer requests an alternate location on customer's property and City approves the location, an easement to the City shall be provided by customer for location of City approved water service line or water meter. Customer will pay all costs. 2.01.02 SIZE. The water service line size shall be in accordance with Uniform Plumbing Code. Minimum size water service line shall be three quarters inch inside diameter. Diameter of water service line shall not be less than diameter of water supply line. PAGE 4 - WATER REGULATIONS (p h20mos o,2) 2.02 WATER METERS INCLUDING EXEMPT METERS. 2.02.01 LOCATION. A water meter shall be installed by City at the termination of water service line. Water meter shall be located at property line on public right-of-way or public property. If Customer requests an alternate location on customer's property and City approves the location, an easement to the City shall be provided by customer for location of City approved water service line or water meter. Customer will pay all costs. 2.02.02 SIZE. The water meter size shall be determined by the City based on the Uniform Plumbing Code and water meter manufacturer's recommendations. The minimum size meter is three-quarters inch (1/4 inside diameter and not less than diameter of water supply line. 2.03 WATER METER ACCURACY: Customer may request a water accuracy test. Prior to request being granted, customer shall deposit an amount with the City as established by Council. If water meter accuracy test is within ± 5% of manufacturers standard, customer shall forfeit deposit. If water meter accuracy check exceeds ± 5% of manufacturers standard, City shall install a replacement water meter and deposit shall be refunded to customer. 2.04 INSTALLATION CHARGES. Installation charge for water service lines and water meters shall be established by Council. 2.05 SYSTEM DEVELOPMENT CHARGE (SDC): A reimbursement fee, a public improvement charge, or a combination, assessed and collected as specified in Section 4.20.070 of AMC. 2.06 ACCESS TO SERVICE CONNECTION. Customer shall keep premises free from any and all rubbish or material(s) which would prevent City free access to service connection and water meter. 2.07 OWNERSHIP AND MAINTENANCE. 2.07.01 City is the owner of service connection. Authorized City personnel shall install and maintain service connection at City expense. If customer damages the service, customer is liable for all costs of repair and/or replacement incurred by City. Customer shall be billed by City for all costs. 2.07.02 Customer is the owner of the water supply line and is responsible for construction, repair and maintenance of the water supply line. 2.08 JOINT WATER SERVICE. City may, at City option, serve two (2) or more premises with one water service line. The size of a joint water service line shall be determined by the City based on Uniform Plumbing Code standards and water meter manufacturer's recommendations. PAGE 5 - WATER REGULATIONS (p:h20,.g...,2) 2.09 SUB-METERS. Sub-meters are water meters installed by customer for the convenience of customer. City will not furnish or read sub-meters. 2.10 CHANGE IN SIZE OR LOCATION OF WATER SERVICE LINE AND/OR WATER METER. A customer requesting a change in location or size of a water service line and/or water meter, shall be liable for all costs incurred by City as established by Council. City shall approve all relocations. 2.11 WATER SERVICE LINE OR PRIVATE WATER MAIN. City shall discontinue water service when a private water main or supply or private appurtenance(s) are not constructed or properly maintained by the customer in accordance with City, State or Federal laws and these water regulations. 2.12 CUSTOMER'S CONTROL. VALVE(S). Customer is required to install a control valve(s) which controls water supply to customer's premises. Customer's control valve(s) shall be located between City water meter and customer's water supply line. The purpose of customer's control valve(s) is to provide customer with a method of discontinuing water service to customer's premises. Cost of furnishing and installing customer's control valve(s) by City will be as established by Council. SECTION 3. TEMPORARY SERVICE CONNECTION 3.01 TIME LIMIT. Temporary service connections shall be disconnected not more than ninety (90) days from date of installation. An extension may be granted by the City upon request from customer. 3.02 CHARGES FOR INSTALLATION. The customer shall be required to deposit with the City the following amounts as established by Council: 3.02.01 Estimated cost of installation and removal of temporary service connection. 3.02.02 Estimated cost of water serv ed through the temporary service connection. 3.02.03 Cost equal to the value of the temporary service connection. 3.03 REFUND OF CHARGES FOR INSTALLATION. 3.03.01 REFUND. If deposit exceeds City costs, the City shall refund customer deposit less City costs to remove temporary service connection. 3.03.02 ADDITIONAL BILLING. If deposit is less than City costs, customer shall pay the additional costs to City. Permanent water supply line shall not be connected to water service line until costs are paid in full. PAGE 6 - WATER REGULATIONS in:h20,egs.or2t 3.04 CHARGES FOR WATER SERVED. Charges for water shall be based on standard water rates established by Council. 3.05 RESPONSIBILITY FOR TEMPORARY WATER SERVICE. The applicant and/or customer is responsible for all damage and/or maintenance required for temporary water service beginning at the time of installation and ending at the time of removal by City. SECTION 4. HYDRANTS 4.01 USE OF HYDRANTS. 4.01.01 No person(s) shall tamper, damage or use water from a hydrant without first obtaining written approval by Director or designee. 4.01.02 City owned hydrants exist outside the corporate City limits. The use of such hydrants is restricted to City and authorized personnel only. Anyone desiring to use these hydrants must obtain written approval from the Administrator or designee. 4.02 RELOCATING HYDRANTS. 4.02.01 COST. If an applicant and/or customer requests relocation of a fire hydrant, the applicant and/or customer shall be liable for all costs incurred. 4.02.02 DEPOSIT. A deposit, in the amount of estimated costs of relocating the hydrant, shall be required. If deposit exceeds actual estimated costs, applicant and/or customer shall be refunded deposit less actual cost. If deposit is less than City's estimated costs, additional costs shall be due and payable prior to activation of hydrant. 4.02.03 FIRE DEPARTMENT APPROVAL. The applicant and/or customer shall receive written approval from the Ashland Fire Department prior to requesting relocation of a hydrant. SECTION 5 RESPONSIBILITY FOR CUSTOMER FACILITIES AND/OR EOUIPMENT 5.01 CONDITION OF CUSTOMER FACILITIES. The customer shall install and maintain, in a good and safe condition, all facilities and/or equipment required for receiving, controlling, applying and/or utilizing City water. The City shall not be liable for any loss or damage caused by improper installation, negligence, want of proper care, wrongful act(s) of customer or customer's tenants, agents, employees, contractors, licensees or pennittees installing, maintaining, using, operating or interfering with customer's facilities and/or equipment. 5.02 WATER SERVICE BILLING ADJUSTMENTS. No redaction in charges for water service shall be made for any cause, including leaks, freezing or similar instances. PAGE 7 - WATER REGULATIONS (Ih20regs.o,21 In circumstances, such as a break in the customer's facilities and/or equipment which is beyond the customer's control and the customer makes an immediate and diligent effort to repair break as soon as possible after discovery of the break, the City, upon written request by the customer, may make an adjustment in water service charge. The adjustment shall be based on previous years usage for the same billing period. Adjustment shall not exceed 50% of the difference between current and previous usage. All adjustments shall be made in accordance with AMC. 5.03 DAMAGE TO CUSTOMER FACILITIES. The City shall not be responsible for damage to property caused by customer's facilities and/or equipment when or while water service is in use by the City for repair or replacement of water mains, water services or similar City owned and operated facilities relating to the production, treatment or distribution of water to the customer's facilities. When possible, the City will make a reasonable attempt to notify the customer of such activity. SECTION 6. BACKFLOW PREVENTION 6.01 PURPOSE. The purpose of cross connection and backflow control is to protect the City's water system from contamination or pollution due to existing or potential cross connections. 6.02 CROSS CONNECTIONS REGULATED. All current or future cross connections shall be installed, used or maintained in accordance with this Ordinance. 6.03 BACKFLOW PREVENTION ASSEMBLY REQUIREMENTS. 6.03.01 Customers adding chemicals or other substances to City water shall notify the City immediately. 6.03.02 Approved backflow prevention assemblies shall be installed at the location service connection or as determined by City certified cross connection control inspector. Customer shall be liable for all associated costs. 6.03.03 Customer's water supply line and plumbing shall be open for City inspection. City authorized representative shall determine if cross connections, structural or sanitary hazards exist. Upon City's awareness of hazard, City shall discontinue service to premises. Water service shall resume following correction, inspection and City approval of customer's corrections. 6.03.04 Backtlow protection shall be installed when cross connection exists. Degree of hazard shall determine correction needed. 6.03.04.01 Premises with a private water system, connected or intended to be connected to the City water system, shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention device. The City discourages such cross connections PAGE 8 - WATER REGULATIONS Ip:h20rege.or2) because of the high potential for backflow into the City water system. The City reserves the right to refuse such connections. 6.03.04.02 Premises containing material dangerous to health, handled in such a fashion as to permit entry into the City water system, shall protect City water system by an approved air gap separation or an approved reduced pressure principle backflow prevention device. 6.03.04.03 Premises using or storing objectionable substance, not hazardous to health, shall protect the City water system by installing an approved double detector check valve assembly or installing an approved pressure vacuum breaker. 6.03.04.04 Irrigation systems may be protected by atmospheric and pressure vacuum breakers. A double detector check valve assembly shall be installed if systems are subject to flooding, backpressure, or if compressed air is used to winterize system. 6.03.04.05 When water, gases, chemicals or foreign substances that may contaminate the public water system as a result of backflow or backsiphonage are placed in the system a reduced pressure principle backflow prevention device, or an air gap separation shall be installed. 6.03.05 All City equipment using City water, within the City water system, shall protect the water with an approved device. Examples are street sweepers, fire trucks and tanker or flusher trucks. 6.03.06 Installation of backflow protection devices shall comply with the installation guidelines defined in these rules. 6.03.07 Customer, shall keep backflow prevention devices in good working condition at all times. Customer shall have annual inspection and leakage tests by an individual certified by the State. Additional inspections shall be required when successive inspections indicate failure. Customer shall be financially liable for inspections and tests performed by City or private certified individuals. City shall be responsible for tests being completed in a timely manner. Defective backflow prevention devices shall be repaired, overhauled, or replaced at customer expense. All backflow prevention device testing records shall be submitted to the City. Records of such tests, repairs and overhauls shall be maintained by the City. 6.03.08 Existing backflow prevention devices which do not meet requirements of these rules but were approved devices at the time of installation and have been properly maintained, shall be excluded from the requirements of these rules except for the requirement in subsection 6.03.07. The City water system must be protected in a method as determined by City. Whenever an existing device is relocated, device shall meet requirements of these regulations. PAGE 9 - WATER REGULATIONS ma zo des o zi 6.03.09 If internal cross connections are not correctable, or an intricate plumbing arrangement makes it impractical to determine if a cross connection exists, City shall determine backflow prevention device(s) required. 6.03. 10 All installation(s) shall be in accordance with Uniform Plumbing Code. 6.03.11 All new construction plans shall be submitted to the Director or designee for approval. 6.03.12 If a backflow prevention device is required to accomplish the purpose of these regulations, installation shall be made by certified cross connection specialist. 6.03.13 If appropriate cross connection application has not be filed with and approved by the City, water service shall be discontinued. 6.03.14 Pursuant to State Health Division OAR 333-61-070 (6) (b), an approved Double Check Valve Assembly (DCVA) shall be the minimum backflow protection for fire line services. 6.03.14.01 A Double Detector Check Valve Assembly (DDCVA) is required by City. 6.03.14.02 Systems that incorporate an antifreeze loop containing any type of chemical shall have an approved Reduced Pressure Principle Device installed on the antifreeze loop. 6.04 INSTALLATION REQUIREMENTS. To ensure proper operation and accessibility of all backflow prevention assemblies, the following is required: 6.04.01 No part of the backflow prevention assembly shall be submerged or installed in a location subject to flooding. If backflow prevention assembly is installed in a vault or basement, adequate drainage shall be provided. 6.04.01.01 DDCVA's may be installed below grade in vault, provided plugs are installed in the test cocks. 6.04.02 Assemblies must be installed at connecting point of City water service line. Alternate locations must be approved by the Director or designee prior to installation. 6.04.03 Assembly must be protected from freezing and/or other severe weather conditions. 6.04.04 Backtlow prevention assemblies shall be approved by the State of Oregon Health Division and City. PAGE 10 - WATER REGULATIONS Ip:h20,gs.or21 6.04.05 Assemblies specifically approved by the Oregon Health Division for vertical installation shall be installed plumb. 6.04.06 Assembly shall be accessible for maintenance and testing. Devices 2" and smaller shall have a minimum 6" clearance on all sides of device. All devices larger than 2" shall have a minimum clearance of 12" on back side, 24" on the test cock side, 12" below device and 36" above device. 6.04.07 Any assembly installed inside a premises shall be readily accessible during City's regular working hours. 6.04.08 If an assembly is installed inside of premises, 4' above the floor, and 2'h" or larger, assembly must be equipped with permanently installed scaffolding approved by the City. ,Installation must also meet the U.S. Occupational Safety and Health Administration requirements and the State of Oregon Occupational Safety and Health Codes. 6.04.09 Reduced Pressure Principle Assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a "boresight" type drain. The drain shall be of adequate capacity to carry the full rated flow of the device and shall be screened on both ends. 6.04. 10 An approved air gap shall be located at the relief valve orifice. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than 1". 6.04. 11 When a backtlow device is deemed necessary by the City, the model of assembly and installation plans shall be submitted to the City Water Department for approval prior to installation. 6.04.12 Upon completion of installation, the City shall be notified and all devices must be inspected and tested by certified personnel. All backflow devices must be recorded with the City. Registration record shall consist of installation date, make model, serial number of backtlow device, and initial test report. Any variances from these installation requirements shall be requested in writing by the customer and approved by the Director or designee in writing prior to device installation. 6.05 ACCESS TO PREMISES Authorized employees of the City (with proper identification) shall have access during reasonable hours to all parts of the premise. If a customer refuses City access to premise for the purpose of inspection (following reasonable notice) at a reasonable time, then either a reduced pressure principle assembly shall be installed at the service connection to customer's premise at customer's expense by City. As an option, City may discontinue water service to the premises. PAGE 11 - WATER REGULATIONS iPAQ0rao=.o,21 6.06 ANNUAL TESTING AND REPAIRS All assemblies installed by customer, as required by the City, shall be tested immediately upon installation and then annually by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced. The City may deny or . discontinue water service to the premise for noncompliance of testing and/or repairs. All testing and repairs are the financial responsibility of the customer. 6.07 VARIANCES Any variances from these requirements shall be requested in writing by the customer and approved by the Director or designee prior to device installation. 6.08 COST OF COMPLIANCE All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow device are the responsibility of the customer. 6.09 TERMINATION OF SERVICE Failure on part of customer to discontinue the use of all cross connections and to physically separate cross connections, is sufficient cause for immediate discontinuance of water service to the premises. (OAR Chapter 333-061-070, section 1) Director or designee shall make said determination. SECTION 7. INSPECTION OF PREMISES The City reserves the right to inspect the customer's premises if there is reason to believe that an unsafe condition exists. The City may refuse water service and disconnect the service connection from the water supply line if the plumbing, appliances or equipment using the water are dangerous, unsafe or not in compliance with all City, State or Federal laws or standards. SECTION 8. GROUNDING WIRE ATTACHMENTS The attachment of any ground wire(s) to any plumbing or water supply line shall be at the customer's risk. The City assumes no liability for damage to customer's premises or persons on customer's premises which caused the ineffectiveness of such a grounding wire or system. The City shall hold customer liable for any damage to City property caused by customer's grounding wire or system. SECTION 9. SURGE CONTROL. 9.01 CITY CONTROL. The City may discontinue water service if customer's facilities and/or equipment create excessive pressure surges in City water system. The Director or designee shall determine "excessive pressure surges". PAGE 12 - WATER REGULATIONS Ip:h20mp.or21 9.02 CUSTOMER RESPONSIBILITY. If the applicant and/or customer's facilities and/or equipment creates excessive pressure surges in the City water system, the applicant and/or customer shall be responsible to install City approved surge control equipment and maintain the surge control equipment in proper operating order at applicant/customer's expense. If City determines excessive pressure surges from applicant and/or customer's facilities and/or equipment has caused damage to the City water system, City may bill customer for cost of repairs of said damage. SECTION 10. PRESSURE AND SUPPLY. The City assumes no responsibility for loss or damage caused by lack of water volume or water pressure. The City agrees to provide water service to the applicant and/or customer at pressures and volumes as are available in the water system. Water service is subject to shut-downs and variations required for the operation and maintenance of the water system. SECTION 11. NONCOMPLIANCE WITH REGULATIONS. The City may discontinue water service if customer fails to comply with this ordinance. The cost of discontinuing and restoring water service to the customer shall be established by the Council. PAGE 13 - WATER REGULATIONS Ip:h POreps.ar21 CITY OF ,ASHLAND Council Communication Irrigations Systems Ordinance Amendment: AMC 15.16.170 Meeting Date: September 16, 2008 Primary Staff Contact: Mike Faught Department: City Attorney's Office E-Mail: faughtm@ashland.or.us Secondary Dept.: Public Works Secondary Contact: Megan Thornton Approval: Martha Bennet Estimated Time: 10 minutes Question: Should the City Council conduct and approve First Reading of an ordinance titled, "And Ordinance relating to irrigation systems, providing a penalty, and amending AMC Section 15.16.170" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for October 7, 2008. Background: The Ashland Public Works Department, Water Quality Division, requested an update to the City's irrigation systems code section that would coincide with changes made to the water regulations ordinance and the Oregon Administrative Rules. The irrigation systems code section regulates how a customer can connect irrigation systems into the City's water supply. It is important that the type and manner of connection is carefully regulated to protect the City's water system from contaminants and pollutants that could enter into the City's water system and cause a public health hazard. The Ashland City Charter limits the maximum fine permitted for a violation, not a crime, to five . hundred dollars. Cross connection creates a serious public health threat and therefore warrants the maximum penalty. The proposed codification and update to Ordinance 2773 [City's water regulations] required the amendment of the irrigation systems code section [15.16.170] so that the penalties and terms would be in agreement. The penalty section was clarified to state that the fine for a violation would be $500, whereas before it stated that the minimum fine would be up to $500. Related City Policies: City Charter Article 10, Ordinance adoption provisions. Council Options: (1) Move to approve First Reading and continue the matter to October 7, 2008, for Second Reading. (2) Postpone consideration. Page 1 of 2 Ir, C I T Y OF ASHLAND Potential Motions: Staff.- [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Reading for October 7, 2008. Attachments: • Proposed ordinance Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE RELATING TO IRRIGATION SYSTEMS, PROVIDING A PENALTY, AND AMENDING AMC SECTION 15.16.170. Annotated to show deletiens and additions to the code sections being modified. Deletions are bold and additions are bold underlined. WHEREAS, the City wishes to specify a penalty for a violation of AMC section 15.16.170 because of the importance of maintaining the integrity of the City's water; and WHEREAS, the ordinance needs to be updated to be consistent with state law; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.16.170 [Landscape sprinklers - Cross connections] is hereby amended to read as follows: 15.16.170 Lawn eFS Irrigation System - Cross connections A. Lavin SpFinklers-Irrigation System. When a lawn sprinkling an irrigation system is connected to a domestic eF-water supply there shall be a valve placed so it will shut off the entire sprink! w irrigation system and a double check valve assembly shall be placed between this valve and the discharge side of the line. B. Cross Connections. No cross connection as between the City water system and such other sources of water supply as Talent Irrigation District, private wells or springs, shall be allowed. C. Penalty. A violation of this section shall be punishable by a fine of $500 upon conviction. 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. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. H:\ShipletD\Council\Council Communication\2008\September 15 and 16\091608 Inngation Systems.Ord.doc Page t of 2 SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" 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- 4) 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 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder 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 2008, and duly PASSED and ADOPTED this day of 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney HAShipletD\Council\Council Communication\2008\September 15 and 16\0916081rrigation Systems.Ord.doc Page 2 of 2 Diana Shiplet - Fwd: AFR recommendations Page 1 From: Martha Bennett To: Diana Shiplet Date: 9/11/2008 11:28:41 AM Subject: Fwd: AFR recommendations This is the item for the "Other Business from Council" that Eric wants This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Martha Bennett, City Administrator (541) 552-2103 Eric Navickas <ericnavickastahotmail.com> 9/11/2008 11:27 AM Council, I was disappointed that we didn't have adequate time to discuss recommendations to the FS on the AFR project as I believe it is very important that the Council is involved in a project of such significant scale that could have long-range implications to our watershed. We should all be well aware of the serious problems that face Reeder Reservoir due to sedimentation and temperature and the large costs associated with addressing these problems. Therefore, I believe it is prudent that we move with the utmost caution, if not entirely object, when proceeding with projects that involve commercial logging, helicopter pad construction, significant hauling throughout the road infrastructure, road maintenance and reconstruction, and further development of fire suppression infrastructure into pristine forestlands within our Municipal Watershed. I sent the previous email via the Council List-Serve and supplied you all with documentation of the City's position as of 1980. The Forest Service has yet to release a FEIS and we therefore have an opportunity to continue our discussion and send comment to the Forest Service that may influence their final decision. I am requesting that the City make 5 recommendations. (I apologize; the sentence structure isn't parallel throughout; I pulled this together quickly and am now up against the deadline to turn it in for Tuesday's meeting.) 1. Request: That the Forest Service document and acknowledge the history of controversy surrounding Fire Management within the Ashland Creek watershed. Reason: NEPA and HFRA both require thorough disclosure. The current MOU between the Forest Service and the City of Ashland is tiered to the Interim Agreement. The City connected concerns to that agreement that are parallel to the 1980 document to the EPA that you each received. Again, the 1996 Hazred project was met with strong community opposition and finally resulted in the Ashland Watershed Protection Project removing all commercial logging from the Ashland Watershed; a decision met with praise from community members and City Staff as well. I believe it is important that we require thorough disclosure to insure objective analysis. 2. Request: That we send a statement of strong concern about the number of helicopter pads and amount of timber hauling to be allowed through our road infrastructure. Our desire remains that as many roads as possible are put to rest. We encourage a plan that limits these infrastructure impacts. We also feel restricting roadside treatments in Landslide Hazard Zones 1's as recommended in the Community Alternative is advisable. Reason: The road prism remains the largest source of sediment within the Ashland Creek Watershed. The project allows up to 32 helicopter pads and haul routes that utilize most roads and will require significant road upgrades and resurfacing throughout the watershed. 3. Request: We are interested in protecting Roadless characteristics within the Inventoried Roadless Area, especially within the Ashland Creek Drainage. We understand the FS policy not accepting diameter limits. We therefore request the removal of the section of fuelbreak (DFPZ) that extends into the watershed below Wagner Gap to the Winburn Parcel across sections 01, 06, 31, and 32. . Diana Shiplet -Fwd: AFR recommendations Page 2 Reason: The fuelbreak cuts into the vicinity of the Wagner Butte meadows and will impact the recreational viewshed from Mt. Ashland. From a fire management perspective this fuelbreak seems redundant and rests high in the watershed far from the more critical Wildland Urban Interface. 4. Request: Allow Variable Density Treatments within the Fuelbreaks. Reason: This was a request of the Community Alternative to protect exceptional legacy stands that rest within the zone of the fuelbreaks. The Forest Service is proposing clearly delineated swaths with homogenous 60% canopy closure throughout the fuelbreaks regardless of forest type or whether fire resistant large diameter trees exist. 5. Request: Time project to address current fuelbreak maintenance first. Reason: The FS has stated that they haven't been able to maintain the fuelbreaks that already exist and these have now resulted in brush growth that is highly fire prone. We need to know this work is done before more fuelbreaks are constructed. Respectfully, Eric Navickas Want to do more with Windows Live? Learn 10 hidden secrets' from Jamie. http://windowslive.com/connect/post/iamiethomson.spaces.live.com-Blog-cns!550F681 DAD53263715295. entry?ocid=TXT TAGLM WL domore 092008 MAP 11-3. Proposed Action Treatment Areas ( Ashland Forest Resiliency d.'... Proposed Action I n l l L.: 1i 1,I,ly",n,1;, ,..,IR,f:.1:, un,I pn,. h., l:u..u , nl:., /*%^ational Forest Boundary •.:~r.: ! .;n::'.;e; pn~dn;is ll, I...r;,.,.,.. •"I,u lh.,n ✓~''.J' Roads I:n'v. Lich ihc~ ar,' MI: nd.d ma, : i.ad inai, M,12 ,"'-/Streams Defensible Fuel Profile Zones ~ Interface Treatments . N`h e~ late-Successional Habitat Treatments r Research Natural Area Treatments - Roadside Treatments- 1 - 1 0 1 2 Miles F 7, -ji 2.5 A f t C y. ~ 4 C *t 1! BWLI~ y/Qpyr 01 jr, DFP. To n J. 2 erhr ~cW f 1 f I IF .g =s 41, ,t J ~ ter" ! - - 4 I _ ' ! R.IW. RAF Final EIS HDRAFT WORK IN PROGRESSII 11 - 43 Ashland Forest Resiliency