HomeMy WebLinkAbout2008-0916 Council Mtg PACKET
CITY OF
ASHLAND
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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.
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"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
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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.
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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.
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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.
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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:
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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
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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:
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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
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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
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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
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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
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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
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~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
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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
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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
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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
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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
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t
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o~ . -Yost
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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
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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)
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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
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MAP 11-3. Proposed Action Treatment Areas
( Ashland Forest Resiliency d.'...
Proposed Action I n l l L.: 1i
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✓~''.J' Roads I:n'v. Lich ihc~ ar,' MI: nd.d ma, : i.ad inai, M,12
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- Roadside Treatments-
1 -
1 0 1 2 Miles
F 7,
-ji
2.5
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Final EIS HDRAFT WORK IN PROGRESSII 11 - 43 Ashland Forest Resiliency