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2008-1007 Council Mtg PACKET
C I T Y OF -ASH LAN D Important yAny cmiRig,. y orally address the Council on nodegenda Hems during thM2 be Fo um Anyahzrn maycsubmn written commen s ! to the Council on any item on the Agenda unless tt is,ihe subject oLa pubhc hearing and the m~ord is closed F,xc'ept for pubhc heann&s there tsno , x absolute Pghl to orally addressilhe Council on{an agenda dcm a Ttme perrnittmg the Press&ng Officer may allow oral'iest!RlRny however pubhc meenngs 1zw guarantees~only publm attendance not pubhc pan~c~yapon If you wtsh to speak; please fill out the Speaker Request form'locate'd near the rntrance [okthelCouncilsChambers The chalrrvnll._recogmze you and Inform you az to the artjount of rime allotted to you }f any'~,r7he time `granted ' unlhbe deprndent(to some extrnt on [}ienaturaof the item under ducuss~on thesumbe'tr of people who vnsh to be~heard and the length ofahe a rnda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 7, 2008 Council Chambers 1175 E. Main Street 6:30 p.m. Executive Session to consult with legal council regarding pending litigation pursuant to ORS 192.660(2)(h) and for Labor Negotiation pursuant to ORS 192.660(2)(d) 7:00 p.m. Regular Meeting 1. CALL TO ORDER It. 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? [5 minutes] 1. Study Session of September 15, 2008 2. Regular Council of September 16, 2008 VI. SPECIAL PRESENTATIONS 8 AWARDS 1. Mayor's Proclamation of October 5-11 as National Fire Prevention Week VII. CONSENT AGENDA ]5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to confirm the Mayor's appointment of Melody Norass as Parks and Recreation liaison for a term to expire April 30, 2010 to the Forest Lands Commission? 3. Does the Council wish to confirm the Mayor's appointment of Dudley Wynkoop for a term to expire April 30, 2009 to the Public Arts Commission? 4. Does the Council wish to approve a Liquor License Application from Ilene Rubinstein dba Chozu Bath and Tea Garden at 832 A Street? 5. Will the Council approve a mutual aid agreement between Oregon Water/Wastewater Agency Response Network (ORWARN) and the City of Ashland for the provision of emergency services related to water and wastewater utilities? 6. Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) Revenue for tourism and non-tourism purposes for FY2009-2010 and after? VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a 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 MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VI;SITTHE CITY OF ASHI-AiD'S WEB 817T AT WWW.ASHLAND.OR.US X. UNFINISHED BUSINESS 1. Clay Street Acquisition Proposal Update? 145 Minutes]. 2. Does the Council wish to endorse the Ashland Forest Resiliency Project Preferred Alternative? [1 Hour) XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should the Council conduct and approve Second 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" ? [15 Minutes] 2. Should the Council approve Second 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"? [5 Minutes] 3. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance relating to irrigation systems, providing a penalty, and amending AMC Section 15.16.170"? [10 Minutes] 4. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance relating to water regulations and cross connection, and repealing Ordinance 2773"? [10 Minutes) 5. Should the Council conduct and approve First Reading, Declare an Emergency, and Conduct Second Reading of an ordinance titled, "An Ordinance Annexing Property Comprising 'Verde Village' and Formally Withdrawing Such Lands from Jackson County Fire District No. 5 and Declaring an Emergency"? or Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance Annexing Property Comprising 'Verde Village' and Formally Withdrawing Such Lands from Jackson County Fire District No. 5," and move the ordinance on to Second Reading? and Will Council authorize the Mayor to sign the property line adjustment/partition plat map creating by adjustment.the individual parcels to be exchanged with the owner of Verde Village, and the affordable housing parcel to be conveyed to RVCDC? [15 Minutes] 6. Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning Affordable Housing Standards for Annexation," and move the ordinance on to Second Reading? and Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance Type III Procedures Chapter (AMC 18.108.060) Concerning General Standards for Affordable Housing in Zone Changes," and move the ordinance on to Second Reading? [45 Minutes] 7. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and Repealing Chapter 6.28," and move the ordinance to Second Reading? [5 Minutes] 8. Should the Council conduct and approve the First Reading of an ordinance tilled, "An Ordinance Relating to Tour Bus and Special Vehicle Permits," and move the ordinance on to Second Reading? [5 Minutes] 9. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance Relating to the Review of Public Art Proposals, Establishing Criteria and Selection Processes for the Acquisition, Acceptance, or Removal from the Ashland Public Art Collection," and move the ordinance on to Second Reading? [10 Minutes] 10. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance Relating to Establishment of a Uniform Administrative Appeals Process," and move the ordinance on to Second Reading? 15 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS None XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. VISIT THE. CITY OF ASIIL.AND'S WEB SITE AT WWW.ASFI.LAND.OR.US CITY COUNCIL STUDY SESSION September 15, 2008 Page 1 of 2 MINUTES FOR CITY COUNCIL STUDY SESSION Monday, September 15, 2008 Siskiyou Room, 51 Winburn Way Council Chair David Chapman called the meeting to order at 6:06 p.m. in the absence of Mayor John Morrison. Councilor Hardesty, Hartzell, Navickas, Jackson, and Silbiger were present. Agenda item number 3 was moved to the beginning of the agenda due to time constraints for the presenters. 3. Does the Council want to schedule for action a request that Jackson County examine the possibility of including several areas zoned for employment uses within Ashland in the Jackson County Enterprise Zone? ]1 Hour] City Administrator Martha Bennett provided a brief overview of the three areas under consideration. Larry Holzgang, Business Development Manager for the Oregon Economic and Community Development Department (OECDD) and Ron Fox of Southern Oregon Regional Economic Development, Inc. (SOREDI) were present to answer questions. " Mr. Holzgang and Mr. Fox explained that the Jackson County Enterprise Zone was a business incentive to generate growth in existing businesses and encourage new businesses by providing a 3 or 5-year property tax abatement for specific locations. If an existing business in a specified Enterprise Zone purchased new equipment or expanded their building, it would be exempt from property taxes on the expansion or new equipment for three or five years depending on the incentive plan. In order to be eligible they would have to increase their employee base by 10% the first year and maintain that level for either the 3 or the 5 years. Failure to maintain employment and salary levels would result in the business paying back the incentive used. Mr. Holzgang further explained that the benefits to Ashland would be attracting new businesses to the community. Concern was noted on giving up taxes while the City was budget constrained. Ms. Bennett clarified that the property tax is $4.25 and for the School District is $5 per $1,000, and that the Youth Activities Levy would be lost. Ms. Bennett talked to the School District regarding this possibility and they were comfortable with Enterprise Zoning. Mr. Holzgang provided an overview on how Electro Scientific Industries (ESI) established their company in the City of Klamath Falls using Enterprise Zone incentives. Concern was expressed that subsidizing businesses would put pressure on homeowners. Mr. Holzgang responded that the focus was on the long-term gain and not the short-term loss. Ms. Bennett explained that the Enterprise Zone is a calculated risk but creates a level playing field for business opportunities in Ashland. Mr. Fox agreed it was a wager on the kind of companies the City wants to attract and stated that the Jackson County Enterprise Zone was a long-term incremental investment. It was explained that the Jackson County Enterprise Zone expires in ten years with an option at that time to extend another ten years. Ms. Bennett explained that if Council were interested, the Jackson County Enterprise Zone would come back as a Council Communication to include certain parcels to Jackson County via a letter. The County would provide an analysis and once confirmed, would ultimately come back to Council as a resolution. CITY COUNCIL STUDY SESSION September 15, 2008 Page 2 of 2 Council provided the following comments and concerns: • Not enough of an incentive to bring businesses to the city and questioned if the city could retain the businesses after the incentive ended, • Plan worked overall, but without the Economic Strategy completed the Enterprise Zone was premature • Could be considered if there was a specific business looking into the Enterprise zone but not comfortable losing property taxes for 3-5 years, • Not enough controls on what type of businesses might be coming in, • Enterprise Zone was a tool the City needed and the controls would be in the Planning Department's zoning code and regulations, • City needs jobs to increase the tax base and fund affordable housing, • Request for input from Planning and the public prior to making a decision, • Economic Strategy should be completed first and additional information on a business that was interested in the Enterprise Zone, • Suggestion that this be placed on the agenda for public input and additional information provided, • Concern regarding the 5-year incentive Staff suggested that council choose one property to track through the process in order to determine how it performs. 1. Look Ahead Review Items were reviewed on the Council Look Ahead. 2. Review of regular meeting agenda for September 16, 2008 City Administer Martha Bennett reviewed the upcoming Regular meeting agenda with council. Meeting was adjourned at 7:52 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CIT}' COUNCIL MEETING September 16, 2008 PAGE I o(6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 16, 2008 Council Chambers 1175 E. Main Street CALL TO ORDER Council Chair David Chapman called the meeting to order at 7:00 p.m. in the absence of Mayor Morrison. ROLL CALL Councilor Hardesty, Navickas, Hartzell, Jackson and Silbiger were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Council Chair Chapman noted that there are vacancies on the Public Arts Commission, Tree Commission, and Citizen Budget Committee. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Special Meeting of August 5, 2008, Executive Session of September 2, 2008 and Regular Council of September 2, 2008 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 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? 3. Should the Council raise the limit from 25kW to 50kW for renewable energy generation systems by revising the City's Net Metering Resolution? 4. 12th Annual Report on Implementation of the Valdez Principles. 5. Should the Council authorize the submission of appropriate land use application(s) on City-owned property by the Rogue Valley Community Development Corporation? 6. 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? 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 position at the North Mountain Park Nature Center to assist with a number of different functions at the center? ' Councilor Hartzell requested that Consent Agenda items #2, #3 and #7 be pulled for discussion. Director of Electric Utilities Dick Wanderscheid explained how the estimate was determined for the special procurement for Electrical Engineering Services. The Capital Improvement Project (CIP) rarely requires engineering services. Engineers are used for new development to design the backbone. CVO Electrical Systems is a small firm with hourly rates lower than larger engineering firms are. They were selected through a Request for Proposal (RFP) to initially do the study and provide engineering services. Currently they are in the midst of two large projects with the City and retaining their services for the next three years would be the most cost effective way. Mr. Wanderscheid continued to explain the proposed revisions to the City's Net Metering resolution stating there was not much of a monetary impact for buying back electricity. With tax credits expiring, they are researching systems larger than 25kW. There is a $10,000 cap for incentives and systems larger than l0kW do ASHLAND CITY COUNCIL MEETING September 16, 2008 PAGE 2 of 6 not receive higher rebates. The monthly cap for purchasing retail electricity is 1,000kW hours. For customers generating more than 1,000kW hours a month, the City pays a wholesale cost making the monetary impact minimal. City Recorder Barbara Christensen responded to an inquiry on how the City is fairing during the country's financial situation. With low interest rates and various exposures, there is not a lot of investing occurring. Ms. Christensen explained that 98% of City monies are currently invested in the Local Government Investment Pool (LGIP) and that staff adheres closely to the City's investment policy. The Consent Agenda was approved by Council without further discussion. PUBLIC HEARINGS (None) PUBLIC FORUM Patty Dean/505 Scenic Drive/Explained that after the article in the newspaper regarding her tree house, 2,000 people supported leaving the tree house where it is. She is willing to put in writing that she will remove the tree house if she sells her home: She explained whom she consulted prior to building the structure and that initially she was not informed of the 15-foot requirement. The neighbor who complained to the City about invasion of privacy moved. She read from an Arborist's report that stated both the tree and beehive would be in jeopardy if the tree house were removed; the structure actually provides additional stability for the tree. She asked Council for direction and next steps. City Administrator Martha Bennett will follow up with Planning and Building staff to get codes and requirements and inform Ms. Dean of her options then provide Council with a report on the outcome. Kat Smith/276 B Street/Explained she is the Transportation Options Coordinator for the Rogue Valley Transportation District and discussed the daily events occurring during Try Transit Week, September 20-26. Steve Ryan/801 Siskiyou Boulevard/Explained the Commuter Challenge Program, and invited Council to the Car-Free Day Monday September 22. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Will Council approve a resolution establishing a public hearing date of November 18, 2008 to consider the formation of Local Improvement District No. 89 to improve Beach Street? City Engineer Services Manager Jim Olson presented the staff report and noted the concerns brought forward by the property owners were problems associated with dust, flooding and silt deposit. Councilor Jackson/Hartzell m/s to approve Resolution #2008-30 to establish a hearing date of November 18 for discussion of the LID proposal. Voice Vote: all AYES. Motion passed. 2. Will Council designate a voting delegate to the annual League of Oregon Cities Conference? Councilor Jackson/Hardesty m/s to nominate Councilor Navickas as the voting delegate. Voice Vote: all AYES. Motion passed. ASHLAND UT)' COUNCIL MEETING September I6, 2008 PAGE 3 of 6 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? The ordinance title was read aloud. Councilor Jackson/Silbiger m/s to approve first reading of ordinance and move to second reading. DISCUSSION: Ms. Bennett explained the memo attached to the Council Communication contained issues discussed at the previous meeting with suggested language and a table regarding fines if Council chose to amend the ordinance. Councilor Hardesty/Jackson m/s to amend motion to include the table showing multiple violation penalties. DISCUSSION: Council suggested making the second sentence in Section 8-A Fines two sentences instead of one. Voice Vote: all AYES. Motion passed. Councilor Hartzell/Silbiger m/s to amend motion to replace language in Section 4 as proposed by staff with modification to clarify that this is not accumulative. Voice Vote: all AYES. Motion passed. Continued Discussion on amended motion: Staff will bring back clarification on how late penalties are distributed. Ms. Bennett explained that under the current code there is no physical consequence to accumulating tickets. Staff recommended "Booting" vehicles after five or more tickets or fines exceed $250. A person with five or more tickets or over $250 in fines will receive a letter in the mail explaining that their vehicle will be "booted" after 10 days unless parking fines are paid. If their vehicle is "booted," a brightly colored notice will go on the car asking them to pay their parking tickets. After 24 hours, the City will have the car towed. The Downtown Task Force was not in favor of "booting" vehicles because of the image it presented and that it made the parking space unavailable for 24 hours. Staff does not recommend towing first as this adds punitive costs in addition to the parking fines. Councilor Navickas voiced strong opposition to the process stating it was an aggressive statement made towards the citizenry and the tourists. He cautioned Council to think of their public relation stance, explaining that this is another example of heavy-handed tactics., He did not like how the issue procedurally came to Council from the Down Town Task Force. He encouraged council to vote against the proposed resolution. There is already enough punitive action in someone getting a bad credit rating under these circumstances. He suggested looking at alternatives like community service that would allow people to work off their fines possibly by promoting alternative forms of transportation. Councilor Silbiger commented that the ordinance is designed to deal with those individuals refusing to honor the laws and not pay their fines. Councilor Jackson/Hartzell m/s to amend motion by adding "Whereas" following the first "Whereas," "...the Downtown business owners have stated through the 2008 Down Town Task Force that employee parking restrictions are causing them hardship and request that the City remove these employee parking restrictions, and." Replace "would like to remove" to "agrees to remove" in the subsequent third "Whereas." Voice Vote: Hardesty, Hartzell, Chapman, Silbiger and Jackson, YES; Councilor Navickas, NO. Motion passed 5-1. ASHLAND CITY' COUNCIL MEETING September 16, 2008 PAGE 4 of6 Continued Discussion on amended motion: Ms. Bennett explained the increase in the surcharge. Currently, parking tickets are $7 with a $2 surcharge. The surcharge goes into a general fund restricted for additional downtown parking and parking improvements. Since the ordinance repeals the downtown employee restriction, the City will use the increase in the surcharge for employee parking and parking improvements through out the city instead of just the downtown area. Ms. Bennett suggested creating a report showing the fund amount, current restrictions and potential policies that would help Council and staff develop policies on allocation. Councilor Hartzell motion to amend 11.28.120 that allows for a surcharge of $3 on all parking violations. Motion dies for lack of second. Roll Call Vote on amended original motion: Councilors Hartzell, Jackson, Silbiger, Chapman and Hardesty, YES: Councilor Navickas, NO. Motion passed 5-1. It was suggested that notification letters be sent to those on the list with more than $250 in parking fines. 2. Housing Trust Fund 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" and move the ordinance to Second Reading? b. Should the Council approve a resolution titled, "A Resolution to establish policies and procedures for administration of the affordable housing trust fund"? c. Should the Council approve a resolution titled, "A Resolution deferring payment loans to the affordable housing trust fund? Senior Planner Brandon Goldman presented the staff report on the Affordable Housing Trust Fund (AHTF) and gave an overview of the Housing Trust Fund. The overview included: • The Affordable Housing Trust Fund Purpose • The Comprehensive Plan Housing Goal • Ashland Affordable Housing Action Plan • Proposed Ordinance and Resolutions • Types of organizations who could use the AHTF • AHTF uses • Fund Administration, Costs and Limits • Match Requirements • Award Review Process • Rehabilitation Loan Repayment Dedication It was explained that as long as the amount is under $250,000, it remains in the General Fund as a segregated line item. Once it grows past $250,000, it moves into its own fund paying its own costs. The interest accrues to the General Fund with a portion used to pay the overhead costs for administering the Housing Trust Fund. City Recorder Barbara Christensen explained the City was currently receiving 3.2-3.3% interest and that rates fluctuated depending on market conditions. Councilor Hartzell/Silbiger m/s to approve first reading of ordinance and place on agenda for second reading. DISCUSSION: Support for the ordinance was noted. Council Chair Chapman voiced his opposition stating that a local organization should manage the fund instead of the City. The Affordable Housing Action Plan states that it is the City's role to facilitate through a coordinator. The Housing Trust Fund could be a City or a non-profit program. Maintaining a housing service externally would be one less cut the City may have to face. He supported the Trust Fund but could not support the ordinance. Roll Call Vote: Navickas, Silbiger, Hartzell, Hardesty and Jackson, YES; Chapman, NO. Motion passed 5-1. ASHLAND CITI' COUNCIL MEETING Septenther 16, 2008 PAGE 5 of 6 Councilor Silbiger/Hartzell m/s to approve Resolution #2008-34. Voice Vote: Hardesty, Hartzell, Navickas, Silbiger, YES; Chapman, NO; Councilor Jackson was out of the room. Motion passed 4-1. Councilor Hartzell/Navickas m/s to approve Resolution #2008-33. DISCUSSION: Council Chair Chapman suggested dedicating loan re-payments from a rehabilitation program back to the Conservation program in order to loan the money out again for the same purpose. Voice Vote: Hardesty, Hartzell, Navickas, Silbiger, YES; Chapman, NO; Councilor Jackson was out of the room. Motion passed 4-1. 3. 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? Public Works Director Mike Faught introduced staff Water Quality Technician Jim Clark and Plumbing and Mechanical Inspector Rick Hackstock. Mr. Faught explained that the update to the current water regulations is due to changes in the Oregon Administrative Rules (OAR). There are three major revisions proposed in the draft ordinance: • The City's previous ordinance on water connection control was never codified and made part of the Ashland Municipal Code (AMC); the proposed ordinance if approved would codify water regulations and incorporate them into code. • The proposed ordinance updates the Definitions section to be consistent with State law and reflect current back flow assemblies. • The proposed ordinance changes the penalty for violations to $500. The State of Oregon mandates that a Water Purveyor and the City of Ashland provide cross connection and back flow control rules to protect the City's drinking water. The highest threat of water supply must be protected by a complete separation from the system, or a reduced principle assembly. A certified tester tests the devices annually. Mr. Hackstock provided an overview of Backflow Assembly Concepts that included an explanation of what a cross connection is and how it can create backflow. Backflow is created by one of two hydraulic conditions: Backpressure and Backsiphonage. Hazard Levels are high or low. Reduced Pressure Backflow Assembly contains two check valves with a relief between them for high hazard. The Double Check Valve Assembly is similar to the Reduced Pressure Backflow Assembly but without the relief and can be used for lower hazard. Mr. Clark presented the actual backflow devices and explained how they functioned. The reduced pressure backflow assembly costs $200 and the Double Check is $100-$150. Testing requires a certified tester who uses a set of gauges that test from one side of the check to the other side to see if it will hold at least one PSI of pressure. Currently there are over 2400 backflow devices in the city with 94% in compliance. Testing fees cost $25-$30. Councilor Jackson/Navickas m/s to approve first reading and move to second reading of ordinance. Roll Call Vote: Silbiger, Hartzell, Jackson, Navickas, Hardesty and Chapman, YES. Motion passed. 4. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to irrigation systems, providing a penalty, and amending AMC Section 15.16.170" and move the ordinance on to Second Reading? Public Works Director Mike Faught presented the staff report. He explained material was already available for the education piece and that the public would receive notice in advance of the ordinance going into effect. Councilor Silbiger/Jackson m/s to approve first reading and move to second reading of Ordinance. Roll Call Vote: Hardesty, Chapman, Navickas, Silbiger, Jackson and Hartzell, YES. Motion passed. ASHLAND CITY COUNUL h1EE7/NG .Sepreniber l6, 1008 PAGE 6 of6 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion of the City's response to Ashland Forest Resiliency Project Councilor Navickas presented his request that the Council further discuss recommendations to the Forest Service on the Ashland Forest Resiliency project. The project has long-term implications to the Reeder Reservoir and management of the watershed is critical. He commented that the road prism is the most significant contributor of sedimentation to the reservoir. Another problem is the large amount of infrastructure associated with road re-grading, re-building and helicopter pad construction that the project will require. He explained that cutting out two areas would significantly reduce costs on the project. He suggested removing two fuel breaks from the original II-43 and focusing on preventing fire outside of the watershed without going into the watershed area. The goal is to suggest these alternatives during the comment period as a way to reduce the cost of the overall project. Council Liaison Reports Councilor Hartzell provided statuses on the Traffic Safety Committee and the Planning Commission. The Traffic Safety Committee will start a study on pedestrian use and traffic outside of Southern Oregon University in early October. The Planning Commission is starting to assess what is happening in the community pertaining to sustainability and will review the water resources ordinance in early October. Councilor Hardesty provided statuses on the Housing Commission, the Band Board and the Public Arts Commission. The Housing Commission will meet with the City Council 9/30 to look at barriers and incentives to apartment rentals and types of housing. The Band Board is looking for funding for their trip to Guanajuato in August 2009. The Public Arts Commission is discussing a neighborhood project that would improve the look of utility boxes. The Public Arts Commission has some concerns regarding the sign ordinance. Council Chair Chapman provided status on the Conservation Commission stating they are currently looking at their rules and procedures. The Commission is working with grocery stores to stop using plastic bags and want to set up recycling containers in the downtown area. Councilor Silbiger provided status on the Airport Commission. The Commission is currently working with a company that will build some hangers and help generate income for the airport. Councilor Jackson provided status on the Bike-Pedestrian Commission. The Commission forwarded an inquiry to the Traffic Safety Commission and Public Works on removing the bollards from the bike path. ADJOURNMENT Meeting was adjourned at 9:59 p.m. Barbara Christensen, City Recorder David Chapman, Council Chair r Proclamation 1 The City of Ashland is committed to ensuring the safety and security of all those living in and f visiting our city. Fire is a serious public safety concern both locally and nationally, and homes are the locations whe people are at greatest risk from fire. Home fires killed more than 2,500 people in the United States in 2007, and Ashland Fire & Rescue responded to over 527 fires in 2007. Cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths. ® Ashland Fire & Rescue personnel are dedicated to reducing the occurrence of home fires and home ' fire injuries through prevention and protection education. City of Ashland residents are responsive to public education measures and are able to take persona steps to increase their safety from fire, especially in their homes. Residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire. The 2008 Fire Prevention Week theme, "It's Fire Prevention Week - Prevent Home Fires!" effectively serves to remind us all of the simple actions we can take to stay safer from fire during R Fire Prevention Week and year-round. NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby Z proclaim the week of October 5-11, 2008, as: NATIONAL FIRE PREVENTION WEEK and call upon the people of Ashland to remember the Fire Prevention Week 2008 theme, "IT'S FIRE PREVENTION WEEK- PREVENT HOME FIRES!" and urge all citizens to remember all of the simple actions we can take to stay safer from fire durin Fire Prevention Week and year-round. Dated this 7th day of October, 2008 John W. Morrison, Mayor i Barbara Christiansen, City Recorder ® 1. t ~ ASH aSSION gust 08 - 5: Commun G Develo ent, 51 urn Way MEMBERS PRESENT: Craig Gorson, Anthony Kerwin (Chair), Christopher Iverson, Ben Rice, John Williams Members Absent: Dan Maymar Staff Present: Keith Woodley Non-Voting Members Present: Marty Main, Eric Navickas, Frank Betlejewski 1. CALL TO ORDER: Chair Anthony Kerwin called the meeting to order at 5:52 PM in the Siskiyou Room. II. APPROVAL OF MINUTES: Iverson/Rice m/s to approve the minutes of May 13, 2008 and July 8, 2008. Motion passed unanimously. New Commissioner John Williams was introduced. III. PUBLIC FORUM: Navickas referred to a reference document "Summary Presentation to the EPA Concerning the Ashland Watershed" dated 12/18/80 that described the history of fire and sedimentation in the watershed and reservoir. He wanted staff to make copies of pertinent sections for the commission. Kerwin noted a recent fire in the Winburn parcel that was put out quickly by the USFS. The primary fire was in an area already thinned, however the debris piles had not been burned. Woodley provided a first- hand account of the fires. IV. ADJUSTMENTS TO THE AGENDA: Woodley asked to place discussion of the recent Winburn Ridge Fire on the agenda. Commission agreed. V. OLD BUSINESS: A. Ashland Forest Plan FEIS Update The AFLC recommendations on the Preferred Alternative were presented to the City Council on August 4, 2008 and deliberated on on August 5. Due to time constraints, no action was taken. The action was not placed on the September 2nd City Council agenda. Betlejewski thought the FEIS captured most of what was proposed in AFRCA. Navickas did not support the Preferred Alternative (e.i. commercial extraction in roadless areas). Iverson thought diameter limits as proposed in AFRCA was an important issue to the community. Kerwin encouraged the Commission to review the final document when it is distributed. A discussion occurred regarding the AFR and why the Council tabled the issue. Kerwin asked Navickas if City Council would still like comments from the commission prior to the FEIS objection period. Navickas suggested expressing concerns to the USFS that the City's comment period was too short. B. Community Outreach Plan Update The community outreach hike is currently scheduled for September 20, 2008. Kerwin volunteered to lead the hike and Iverson volunteered to promote the hike. The hike will begin at LOAM in the "Darex Ice Arena" parking lot in Lithia Park. This would be the final community outreach hike of the year. C. Winbum Parcel Management Plan Kerwin was continuing to review the plan and intended a final draft by next month's commission meeting. Main suggested getting one or more SOU students involved to help with the plan as part of their ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCUME-Nhipletd\LOCALS-I\Temp\AUG 1208.dm Page 1 oft senior year Capstone projects. VI. NEW BUSINESS A. Winburn Ridge Fire Woodley updated Commission on recent Winbum Ridge Fire in the Ashland Watershed and distributed photographs. Woodley reported that 22 buckets of water from Reeder Reservoir were used to put out the fire by helicopter. All fuel in the fire area was consumed down to the soil level. Discussion ensued regarding fire characteristics, impact on duff layer and its location in WPP handpile unit. Applications of prescribed fire and retention of legacy pine in fire area were also discussed. Both Woodley and Main underscored the need to act as soon as possible with fire suppression measures, especially to protect large legacy trees. VII. COMMISSIONER COMMENTS: Kerwin noted that new northern spotted owl critical habitat maps were published as of this day. VIII. ADJOURN: 7:20 PM Anthony Kerwin, Chair Respectfully Submitted, Keith Woodley and John Williams ASHLAND FOREST LANDS COMMISSION MEETING C:\DOCUME-Nhipletd\LOCALS-I\Temp\AUG 12 08.do Page 2 of 2 vmnso~vmoim~vao,Q[:zzrriaau-~:>a~cc~-.^-v:vmoys-a~aewrxooioicz~r mm~q -~ca:>,~:.a::-:" w ~mcomi i i v~ommvnmomv Ashland Traffic Safety Commission Minutes o August 28, 2008 L,ooooreo,eom~,m.>,oo,o~eoow_, , ~~eoooo, ~~WO,oomoooo~<,ommmmm>,moo.>,~oeoo, mm Members Present: Larry Blake, Terry Doyle, Cate Hartzell, Greg Lemhouse, Doris Mannion, Colin Swales (Chair), Matt Warshawsky Members Absent: Alan Bender, Eric Heesacker Staff Present: Mike Faught, Karl Johnson, Nancy Slocum, Officer Steve MacClennan I. CALL TO ORDER - Chair Colin Swales called the meeting to order at 7:00 PM in the City Council Chambers, 1175 East Main Street. July 31, 2008 minutes were accepted as submitted. II. ITEMS FOR DISCUSSION: A. PUBLIC FORUM: No one spoke. B. REVIEW OF TRAFFIC REQUESTS/PROJECTS PENDING/ACTION REQUIRED 1. Review of Clay Street / Ashland Street Intersection Karl Johnson presented the staff report. This section of Ashland Street is under ODOT's jurisdiction. As the area continues to develop, Traffic Impact Analysis (TIA) have been required by ODOT and the Planning Commission. Further restrictions (expanded medians) will most likely be required in the future. Katrina Son, 321 Clay Street #8, initiated the petition signed by 21 neighbors in the Wingspread Mobile Home Park. She noted increased traffic on Clay Street, Ashland Street (Highway 66) and Tolman Creek. A left turn restriction at Ashland and Clay Street would increase her trip distance from .4 miles to 1.2 miles. She appreciated the Commission reviewing their petition. Mark Knox, 485 W Nevada Street, represented John Schweiger, property owner of 2200 Ashland Street. Schweiger proposed a three story, 18,000 square foot office building. He confirmed the likelihood of ODOT expanding the length of the median and the requirement for a TIA. Hartzell thought a traffic light might be appropriate for this intersection and wondered about the Commission's role in this issue. Doyle asked for traffic counts and accident data. Swales thought that with the volume decreasing, a road "diet" might be appropriate. Staff would furnish the two previous TIA's on Clay Street to the Commission for their information. Decision: No action was taken. 2. Proposed Parking Restriction on Eureka Street Johnson reported that the C and Eureka Street improvement project was nearly complete. The right of way of the north-south section of Eureka Street was a narrow 36 foot wide with 90 degree corners at each end. With the new street improvements the width narrowed to 22 feet. Staff recommended parking on both sides of this section of Eureka Street be prohibited. Decision: Swale moved to approve staff s recommendation to prohibit parking along the west side of the north- south section of Eureka Street. Doyle seconded the motion and it passed unanimously. C:\DOCUME-l\shipletd\LOCALS-1\Tempwugust 28 08 TSC.doc Page 1 of 2 3. Siskiyou By Pedestrian Safety Update Public Works Director Mike Faught reported that he asked the traffic consultant, HDR, to replace the traffic engineer that had originally been assigned. The ordering of the pedestrian-activated flashing beacons was moving forward based on the consultant's design. The estimated schedule for implementation was September 22. Traffic and pedestrian counts were scheduled for the week of October 6. Doyle emphasized the need for enforcement to insure compliance. Hartzell recommended an evaluation of the beacon's effectiveness. 4. Bicycle & Pedestrian Issues Steve Ryan updated the Commission on the last Bicycle and Pedestrian meeting. The Bicycle and Pedestrian Commission was recommending that staff remove all bollards from the bike path for the safety of bicyclists. The bollards would be replaced with signs. Ryan asked the Commission to support their recommendation. Decision: Warshawsky / Doyle moved / seconded to defer to the Bicycle and Pedestrian Commission any recommendation regarding the bollards on bike paths. Motion passed unanimously. Ryan also noted that the new fog line on North Main was met with mixed reviews. The fog line had the appearance of a bike lane. He also reported that Tom Burnam was working on a safe bicycle route map. Hartzell reported that the Croman site was designed with protected bike lanes; bike lanes with a parking lane between the bike lane and the street. 5. Police Department Report Steve MacClennan announced that with the closure of Bellview School, kindergarten through second grade will be relocated to Rivergate, 188 Garfield Street. He is recommending a temporary school zone be implemented. Decision: Lemhouse moved to designate the Rivergate area as a school zone. Swales seconded the motion and it passed unanimously. The Commission recommended educating the public and high school students of the new school zone with the use of the reader board and high school announcements. MacClennan also noted that, with the decrease in speed limit on Siskiyou Boulevard, skateboards are now legally allowed. He recommended changing the skateboarding ordinance. Hartzell noted conflicting need to encourage multimodal transportation. Swales asked that the item be placed on next month's agenda. Commission asked that the current ordinance, any research studies on the safety of skateboards on arterial streets, the existing skateboard map, state helmet law and accident data. 8. Agenda Items for Next Month - Besides the skateboard ordinance, Faught asked that final review of the draft Transportation Ordinance be placed on the agenda. 9. Other - None NEXT MEETING DATE: September 25, 2008 III. Adjourned 9:00 PM C:\DOCUME-1\shipletd\LOCALS-1\Temp\August 28 08 TSC.doc Page 2 of 2 CITY OF ASHLAND Council Communication Appointment to Forest Lands Commission Meeting Date: October 7, 2008 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(cuashland.or.us Secondary Dept.: None Secondary Contact: None el~~I1Il Estimated Time: Consent Approval: Martha Benn b ~~~LLL ~~IllI llll Question: Does the Council wish to confirm the Mayor's appointment of Melody Norass as Parks & Recreation liaison for a tern to expire April 30, 2010 to the Forest Lands Commission? Staff Recommendation: None Background: This is a confirmation by the City Council on the Mayor's appointment for the Forest Lands Commission on application received for the Parks & Recreation liaison. Related City Policies: Resolution 1996-21 Section 1 Established states the following: "The established Forest Lands Commission shall consist of seven voting members including a representative of the Ashland Parks Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council. Council Options: Approve or disapprove Mayor's appointment of Melody Norass Potential Motions: Motion to approve appointment of Melody Norass for a term to expire April 30, 2010 to the Forest. Lands Commission. Attachments: Application received Page 1 of 1 100708 Forest Lands Appt.CC.doc ~r, -R6! Lzuev- of -I -E-evat -Fvrrc! t Laws- w~c+ti~ssfovt P62,e C®WWUA saCA I iS 1c*cr i s 4o i ~t4rm, Vot, my iv&efe>t C~ b2~Ko awiKfe C a& ,Pa,vLs o~ud, ~~rxec ez, Cbw~v ~5 , roa&I've -tom ~Fi- M~t- Lmss cz nt,+ sL `ems . QzS~. U L caw Grey r~~~ ~ SAC-~~--~q,~.o .otr by e,-wia a t cct- m fxAoraa~ca yaGi,-4, cows qzs~ CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMNQSSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email christebOashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Mel na V l~(O ratt S Requesting to serve on: -rOreS-t L.4.lIS CWlMtti Wommission/Committee) Address418 1kSOUL St. Occupation r&ti yuL `he"el- Phone: Home 4 8 2 - 8 ,?2-o Work Email M2ayy-O 56YO66c" Fax Gom 1. Education Background ,,.~,,"_I What schools have you attended? :Ed A06 (,~..C..Lk&- No A;Wt i p,(,(, t pr~e~~ Sha~f, t i Vei'S y What degrees do you hold? Th 5, fAouc 44t... What additional training or education have you had that would apply to this position? 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? St:i~T'e~tdh,i~, Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? 3. Interests l Why are you applying for this position? a t fYl t oo"O.K' 40 re -k-a& a-4 4. Availability Are you available to attend special meetings, in additi to the regularly scheduled meetings? Do you prefer day or evening meetings? t'1g „ t I 'ts vw cvKS i 5. Additional Information ' How long have you lived in this community? 30 V ,oars Please use the space below to summarize any additional qualifications you have for this position lRaJzKrv" '(vi (Qio iMy . lyki-t~' iv) ho 47 djik Wa~ iSS u~S AAV it So~4 8416,Ct 4r CAA25 t lows Qua, 28 Zmo 6 `_A" -Yu--a Date Q Si tune CITY OF ASHLAND Council Communication Appointment to Public Arts Commission Meeting Date: October 7, 2008 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(o)ashland.or.us Secondary Dept.: None I Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Does the Council wish to confirm the Mayor's appointment of Dudley Wynkoop for a term to expire April 30, 2009 to the Public Arts Commission? Staff Recommendation: None Background: This is a confirmation by the City Council on the Mayor's appointment for the Public Arts Commission on application received. This vacancy was created when D. Claire Anderson resigned in May 2008. Related City Policies: Ashland Municipal Code (AMC) Chapter 2.17.020 Council Options: Approve or disapprove Mayor's appointment of Dudley Wynkoop. Potential Motions: Motion to approve appointment of Dudley Wynkoop for a term to expire April 30, 2009 to the Public Arts Commission. Attachments: Application received Page I of 1 100708 Public Art Appt.CC.doc Dudley Wynkoop 2255 Sam Evans Place Ashland, OR 97520 541-708-0205 August 27, 2008 City Recorder Ashland City Hall 20 E Main Street Ashland, OR 97520 To Whom It May Concern: I have recently moved from the San Francisco Bay Area to Ashland, and I would like to contribute my time and expertise in some way to my new home community. I am interested in the open vacancy in the Public Arts Commission, and I believe my background and interests are relevant to assisting on this type of commission. I have many years of experience as an architect, having experience in a number of related activities such as project management and marketing, as well. My personal interests include both performing and creative arts, and I enjoy working with others to plan and enhance our communities. I have attached a copy of the Ashland Application, as well as a copy of my Resume. I will be happy to respond if there are more questions, and I can be available for either a personal or phone interview at the convenience of the City. Thank you for consideration of my application. I look forward to a long residence in Ashland, and continuing to be a part of this beautiful city. Sincerely, Dudley Wynkoop CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20E Main Street, or email chrisreb Oashiand.or us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name: Dudley Wynkoop Requesting to serve on: Public Arts Commission Address: 2255 Sam Evans Place, Ashland, OR 97520 Occupation: Architect Phone: 541-708-0205 Home: 541-708-0205 Cell: 541-951-6631 Email: 4dudley@gmaiLcom Fax: 541-708-0205 (if needed) 1. Education Backeround What schools have you attended? University of Colorado, Boulder What degrees do you hold? Honorar y Master of Arts (M.A.) What additional training or education have you had that would apply to this position? Many years of civic and educational project planning, design, and development. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? • Architect of Record for the Flint Performing Arts Center in Cupertino, serving the San Francisco Symphony. • President of the Cultural Arts Center, Simi Valley, California • In 2004 I had the privilege of designing a Meditative Zen Garden for the (Japanese) President of Toyota/General Motors in Fremont California. The garden was so well received that I then designed a Japanese "walk through garden" for the Board of Directors. My hobbies include Graphic Illustrative Art and Digital Photography. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? I enjoy all opportunities to enhance my knowledge and effectiveness. I would welcome the chance to attend relevant conferences and seminars. 3. Interests Why are you applying for this position? We have recently moved to Ashland because we were attracted to its beauty, graciousness, and cultural opportunities. I would enjoy meeting and working with community members as well as becoming a contributor to Ashland's future. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I can be available for all scheduled and special meetings. Either day or evening meetings are convenient for me. 5. Additional Information How long have you lived in this community? We have just arrived in Ashland this summer, but I have relatives who are nearby, having attended the University here. Please use the space below to summarize any additional qualifications you have for this position I have attached my resume, which outlines my major professional and life experiences. Thank you for considering my application. Date Signature Dudley Wynkoop, Architect Professional Background and Resume August 27, 2008 Proiect Architect and Associate: John Carl Warnecke and Associates. 1958-1964 United States Vice President's office building in Washington DC United States Court of Claims and Patent Appeals building Restoration of Historical Buildings on Lafayette Square Master Plan of the United States Naval Academy Grave Site of President John F. Kennedy Radiation Laboratory for the University of California, Berkeley Education Psychology Building, U.C. Berkeley College of San Mateo Twenty four branch banks for Wells Fargo Bank in Northern California. Executive Architect of the Joint Venture: Kump, Masten, and Hurd 1964-1967 Master Plan for the University of California, Santa Cruz Forum Building for Foothill College De Anza College and the Concert Hall for the S.F. Symphony (Flint Center) Site Selection and Master Plan for Delta College, Stockton, CA Founder. Partner. CEO, and President HOK West Coast offices 1967-1970 Marketing and Business Development Main Library for Stanford University Dudley Wynkooo. Architect- 1970 to Present Main Passenger Terminal, Honolulu International Airport Kona Surf Hotel, Hawaii Numerous Private Residences in Colorado, Hawaii, and California Consulting Architect in Business Development, Forensics, Office- Management, Proposals and Architectural Mentoring. Ashland, OR 97520 (541) 708-0205 4dudley@email.com Recent Activities In 20041 had the privilege of designing a Meditative Zen Garden for the (Japanese) President of Toyota/General Motors in Fremont California. The garden was so well received that I then designed a Japanese "walk through garden" for the Board of Directors. In 2005 I took a Sabbatical and indulged my hobbies of Graphic Illustrative Art and Digital Photography. Architectural Registrations: Colorado C-1613 California C-2781 (inactive) Hawaii 2499 (inactive) National Council of Architectural Registration Boards 14709 (inactive) Education: I have an Honorary Masters Degree in Architecture from the University of Colorado, Boulder. Teaching Credential for College series: 100 and 200 "Architectural and Construction Technology". Other Skills: Forensics: Provided damage reports for numerous home and commercial buildings for Farmers Insurance Company, as a result of the "Northridge" Earthquake in Southern California. I have excellent "stage presence" as an expert witness. My Consulting skills include: Architecture, Construction, Marketing, and Urban Planning. Ashland, OR 97520 (541) 708-0205 4dudley(a)gmail.com 2 CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: October 7, 2008 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Berne Estimated Time: Consent Agenda Question: Does the Council wish to approve a Liquor License Application from Ilene Rubinstein dba Chozu Bath and Tea Garden at 832 A Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None ~r, CITY OF ASHLAND Council Communication Agreement with Oregon Water/Wastewater Agency Response Network Meeting Date: October 7, 2008 Primary Staff Contact: Terry C. Ellis Department: Public Works E-Mail: ellist@ashland.or.us Secondary Dept.: Water/Waste Approval: w t Secondary Contact: Michael R. Faught Martha Be me Estimated Time: Consent Agenda Question: Will council approve a mutual aid agreement between Oregon Water/Wastewater Agency Response Network (ORWARN) and the City of Ashland for the provision of emergency services related to water and wastewater utilities? Staff Recommendation: Staff recommends approval of the attached mutual aid agreement between ORWARN and the City of Ashland Background: In recent years, many natural disasters have driven associations representing water and wastewater utilities throughout the United States to recognize the need for utility specific response networks. In early 2006, work began nationwide to form WARN (Water/Wastewater Agency Response Network) in each of the 50 states. "WARN" is an interstate utility-to-utility mutual aid system available to all public and private water and wastewater utilities. These networks can be activated with or without any type of formal disaster declaration. In 2006 four states (California, Florida, Louisiana and Texas) had WARNS in place. To get Oregon's WARN started, a 20 person steering committee began working to make it a reality. In March 2007 Oregon became the fifth state to have a WARN available. • ORWARN creates a resource for public and private water and wastewater utilities that did not otherwise exist in Oregon. Water and wastewater utilities require specialized resources to restore/sustain operations that government response agencies can not formally provide. • There is no cost associated with ORWARN membership and utilities are under no obligation to provide assistance. • In order to be eligible for federal reimbursement, assistance provided through mutual aid agreements requires that the agreements be established prior to the event or emergency. • The Oregon DHS Drinking Water Program, DEQ, EPA and Oregon Emergency Management (OEM) have participated in the ORWARN steering committee and support the program. It is anticipated that virtually all of Oregon's major water and wastewater utilities and many small utilities will become ORWARN members. Presently there are 55 utilities that have joined ORWARN in Oregon. Page 1 of 2 100708 Agrecment with ORWARN.CC.doc CITY OF ASHLAND Council Options: Council may approve or reject signing this agreement between the City of Ashland and ORWARN. Approval of the agreement will allow the City to participate in ORWARN with any other member utility. Potential Motions: 1) Move to approve the.agreement and authorize the mayor to sign the document; 2) Move to delay action pending further study; 3) May reject the agreement Attachments: Letter from Oregon Emergency Management Current ORWARN members list WARN status and information Letter from City of Detroit Oregon Copy of email from City of Detroit Mutual Aid Agreement Page 2 of 2 100708 Agreement with ORWARN.CC.doc ' t Amilitarv Departnr ait t; Drogq-6ow f .'r Oru o i rit 2ency yETg a~enunE . 'y~. Tnci?iom LKnwny~ki ~aveirtet Sr+fem C~JZ-,~i~J~13~6`,?, {5tY3i39a3stit April 1:0 ; 2008 TCYi { ?j a5? TO: Potential' Members Oregon lnlatel a':.W6$teveafec Agency Response Nefvvdrk (OR~IIARN) While terrorism remains"a prominentfocus of homeland security, natural disasters'are by far the most,frequent, costfy.and life.-threateninghaiards facing Oregon today, Preparing for and responding to wildfires, severe weather, ;eaithqual«s,; mudslides and flodds often require n_eighboring.locai junsdiction tc, cooperate_ and shard resoutces__ 1 want to.sincerely encourage you to consider jgir ing the ORWARWorganization.. With tQdag,s diminishing resources and the demands of our communities, it trrjly mattes a difference, to de"velop and promote,professional mutual "bid organizations and systems. The ORWARN,system in Oregon has p"roven.agreat success,during -the December20074nd January 2008.severe storins and snow fall: 1 encou'ra'ge ycu to learn more and investicate the;beneflts. This effort in"Oregon"continues a time-honored tradition,of neighbors helping neighbors. Please take a moment to review the 61 bVaIARf effort at: vrMe .6rwarn.'org "Thank -you for,.your time and effort: (f you have-anyquestions: please call me at: 503-378.-2911, ext: 22225, Kenneth D.:Murphy Director KDM/crz AJ ,p rcpt I.crtttsri 3>.23Sfttf"art~ct,`Rflcrii LIur 4tlrrrt: G?fi KNOWN Pry' Syi.a lu Vi~;t I i. Current ORWARN Members IV2&2008 No utility Date Joined 1 City of Gates 311512007 2 `City of Send 312112007 3 City of Salem 312&'2407. 4 1'uala0" VattoyWater, District 4412007 5. `City of Hillsboro 411,&,20.07 .6 tatultGcDrainagebistrict;tl 4/252,007 7 EINES, 5117t2d67 8 "Oak Lodge Niater District 5.2212007 ;9 City,of Florence 6152007 ,to City !of Portland 618.12007 11 Valley View Water-District 611312007 12 City of Turner. 611 4 12 0 0 7 13 City of.Dermit 67161,2007 14 Springfield Utility Board 611812007 15 city of Gresham 6119,'2007 -16 Clackamas River Water District. 6120+'2007 17 Rogue Valley SewecScrvices~ 713;2007 '1s M17ulirro Water District #1- 7118/2007 19 Rivergrime Water District 7118x2007 20 City of Cotago Grove' 7/26,'2007 2f Cilyof Tualatin 8!112007 22 City of Keizer, 8)8+2007 -23 -Rainbovw N.'afer. District. • M12007 ` 24 'South FMe.. Water Beard .81912007 25 City of`fiozrd 8 /1 61,2 0 0 7 26 Rockwood Water Peoples,Uality Districb. 812312007 - 27 ;SunriseWater Authority- 81W,12007 28 'City of Sherwoocl V25;2007 29 ;City of Oregon-City. 912672007 30 Water Environment Servicerr' 1 0;312067 31 Lusted Water District - '.1 011 012 0 0 7 32 Crescent Water Association 10!1772007 33 Vilest Slope wafer'plstrict 16 /i97200 7 34 City ofSilverlon 11;512007 "35 Seal Roc;; Water District 11/15,2007 3G Boying Wator'Dlatr ct '1 i1i312007 .37 Suburban East Sateen Water Dist:ict_ 11119+2007 38 City of Coburg .11119;2007 39 ;City of Toledo 1112712007 40 Cityof Wilsonville 11,1012007 41 City of Manzanita 111512006 ,42 MelropoliiaoWastewater fdana6ernont Cc. 113112ODS 43 City of Klamatli:Falls 2!20.12008 44 City of honk Plains , 4/712408 .45 joint Watcr Commission 4/taY2408 4b City of Central Point' Sry 91,2008 47 City of ldanah 5212008 46 .City of Veneta - X2712008 49 City of Giants Pass 6.1412008 50 City of Eugene._ - 011 1 110 0 0 st City of Garibaldi 61194008 52 Catsop.County 718,+2008 53 City of havPoerg 7;24,12008 54 mill city 81121208 55 4Vatseoa<Ban4evv Wei& District 811312008 1 I • r r r r r. A.Americart Water Works Association The Authoritative Resource on Safe Water Water and Wastewater Agency Response Networks WARN, Status Additiotial WARN; Resources:. • AWVt A rVaterVJaek Article- " . AW4XNiainstreain Article,' . Journal Abdb'JA'Article . WARN White Paper . Sample,Mutual Aid Agreement Update"to Sample Agreerrlent.- u9/.p7 • Jant Policy Statement .rr • AVVWA Resource Typing asuN Sum isda~l, cTaa o+cp Pldnua p.Silelot"FOr LVatCr" work:~.ov +~~~+~n vu4s EPA EMAC't Sector 'BARN Status and Contacts by, State- EPA Water Sector Mutual rAid9 Assistance fact'Sheei: WARN FAQ 'Overview of WARN Introduction A Water and 'wastewater Agency Response Network (WARN) is,aa' network of utilities helping other utilities to respond to;and'recover from emergency"s. The purpose,of,a-WARN is,Ao provide.a method- whereby"slater/via4te,water utilities that havc'sustalned or anticipate darnages from natural or-human-caused incidents can provand receive emergency aid and assistance.. in the,form~of personnel, equipment,. materials,. and other associated services, as necessary from.other water/wastewater utilities: The objective is,to provide rapid, short-term (leployinent of'emergency services~lto restore'the.critfcaloperetions'of the affected water/wastewater utility. The backbone of the WARN conceptis the Mutual Aid.and Assistance'Agreementr-It is in the Mutual Aid and Assistance Agmernent where• provisions for network activation, reimbursement, liability and other issues are mutually agreed upon by participating'. utilities. Participation is voluntary, there is no ohligation,to'respond, and there is no direct cost to become a meinbecof the network! The WARN framework provides a forum for establishing and maintaining emergency 'Contacts, providing expedited ;;aess'to.,specialized,resources'needed.torespondao' and recovery from emergencies chat disrupt water/wastewater utilities, and facilitating training that specifically focuses on the exchange.of resources during. an -emergency Events'such as"'afi]; the 1994 Northridge-earthquake; the.,1997:Red River flood, and more recently Hurricanes Katrina aria R6 identified a need for water and wastewater utilities to create intrastate mutual,aid and assistance' programs because: . utilities requlre,special zed "resources.to sustain.operations; government respoiise agencies and other critical `infrastructure:rely on water supplies; - btip:i(w1v~y.a4v ia:ar~IG~ternment/Content:cfm'?ftemNumber=3,S"7L~navliemNumber 9/15/2008 utilities must provide their own support in the immediate aftermath of an incident as state and federal resources will not likely,be available or deployed for up to 72 hours; large events impact regional areas, making response -fromadjacent utilities impractical; + disasters impact utility ernployees.and their families creating greater need. for relief; agreements must be-established and in place prior to an inadehtfor federal reimbursement eligibility; and . engademe itin mutual aid assistance supports Department-of Homeland Security'requirements for compliance.with the-National Incident Management "System (NIMS) Supporting: information AW WA's Action Plan for Utilities.to Develop an Intrastate mutual Aid Network in March 2006, AWWA,developed a guidance white,paper; or'an action plan,to;assist utilities in developing a WARN-prograrn"irtheir states The_docurnentJ5,tdled Utilities Helping Utilities: An Action Plan for Mutual Aid,arid Assistance Networks for Water and Wastewater Utilities. This action plan is' the foundation -for a•workshops-series that brings•together iitility owners/operators interested.in"establrshing,a-WARN rletwork;.wlth key partners such as state emergency management and water/wastewater primacy. agency officials. Sample Mutual Aid and Assistance-Agreement This sample mutual: aid and assistance agreerrient_was developed,by AWWA based on existing N!ARN agreements, :A:hiie.the'sample agreefrient'.shares"some similarities with prediouslyexisting agreements,-it is "a unique document that includes the strongest elements from the_existing,agreenlents' in addition, this sample agreement identificd,gaps,iri existing agreements: and provides. additional articles to ensure the long-term sustainability of the agreement and support a participating u6littes compliance. with NIMS:.You are invited to use this model agreen e,nt as'a- starting pointto develop your own intrasiate.mutual aid:;and assistanceagreement. Water and Wastewater _Sector stater»ent ~U Support On February 15; 2006, eight water sector organizations issued a Joint."policy statement of ;uppuri for the "utilitie's-helping utilities" concept They also wanted to encourage utilities and local(state`governments to establish intrastate mutual aid and assistance networks. Frequently Asked Questions About.WARN This FAQ document'outlines manyJundarnental issues about the Utilities Helping Utilities concept. Although some of the issues addcessed'in the FAQ document are' outlined above, this,docurnent addresses several more issues,, including the 'relaOonsh p existing state ride mutual. aid programs, such as.Emergency Management. and Assrstance..Compact (EMAC), e• hether'WAIRN activitics are eligible for FEMA reimbursement, who should "beAnvolved.with,devcloping a WARN, an"d. how WARN works during an emergency. " WARN and Other Federal Initiatives y There are existing federal initiativesthatsupport the-developrnent,of a WARN t-Ilan of the federal initiatives that support the developmeh[ of WARN fall under Homeland Security Presidential Directives (HSPD) 5, 7, and a. This;page will outline'the important linkage between WARN and cite variou's federal initiatives. h'SPP_4,•~ Mtmagerncnr of porriescic~f icident's;is th%edirective that required the hup Iv~~~oiv.a~nvuorgl(;~~crumenb'Content.c-fill?1temNumbei=. $37 navlicmhEtlmbea 9.? 15/200 development of.the National Incident Management System.(NIMS) and the National Response Plan (NRP). Full compliance with NINIS,is.an eligibility condition of all federal preparedness assistance grants for State, territorial, tribal, and local entities beginning in FY 2007. Compliance with NIMS includes formalizing mutual aid.agreements'with surrounding communities and states for the.purposes of sharing equipment; personnel, and facilities during emergencies. Therefore„developing a WARN not only facilities the sustainabilify-and, contihutty of a- utility in the-midst of a damaging.eventi but also helps qualify a utility for security gr nt funding, frorni ti Ie tederal government. The purpose of the National Response.Plan'(NRP) is to oiganize.the federal response and -how federal agencies will support state and local. entities.,The.NRP'recognizes that a response to-an erncrgency begins at the local level and works'its yJay up to thestate-and, then federal levels 6ne of the most-important aspects'of WARN is that. it avoids the federal bureaucracythat,rnany witnessed'dur ng.Hurricar e Katrina- WARN. is e locallzed.'approaeh for,utilitias„to help' each'other in:i disaster: HSPD•,7: National Infrastructure Protection Plan (NIPP)Js=the foundation for an all hazards risk management framer:ork for-protectingfthe nation's critical infrastructure and key resources (Cl/KR)..Recognizing'.that the majo'rity of the nations CI/KR is ovmed and operated by the privatesector'the'NIPPsupports , the expansion of mutual aid'ar d.assiStake agreements: Further; each sector including y4ater, has:&veloped Sector Specific Plans-,The Water SSP'includes as one'of its core goals and objectives Supporting the expansion of-mutual aid and assistance.nebnorks to enhance the.overall preparedness and resiliency of the~vfater sector, HSPD-8: National Preparedness Goal The purpose of the, goal is.to'help; entities at all levels of governritent.develop and hiaintam the,rapabthhes-to pr?Vent, respond to', and'recover from major--events &Inciderits.of National. Significance. A key. priority of. the goal is-to'ezpand regional collaboration -through mutual aid agreements and compacts Additional Federal Resources Related to WARNS Letter from`th'e' Department of Homeland Security to U.S.~Governors~onthe National Management Incident System,(NIMS) NIMS.. Irnplernentation-Matrix .for Tribes and Local Jurisdictions: FEMA Schedule of Equipment Rates may be. used as[guideliri for developing reimbursement rates for resources;tnobilized duri i'g emergenc'e'.. For more information contact: Kevin Nor ley, Regulatory,, Security' Anil yst at. km6rley@6,.-rea.org or 202x6213,=8303 ' p'cigl)t ~.lf+7a ,am=_(ea;: Aiat ;trcSA ~o^isiwrt-.Cnva W UuincY Rv2., filar oer CQ .80235 . P fie;3G3.~3'9"1t. br BUn 020,"337-Ib+7t-Ca !»?::i'~J Pi rc--~.p^acyS http,Nwvvw.m"va.orgiGvrernrnerib`Cuntent:c(h-i?ItemNumber- 837&nav°ItenlN , tlnber 9.+'15%2008 ':j tltr _l A.-American Water.Works Association The Authoritative Resource on Safe Water WARN State Status-. WARN Status r F KEY WARN State 4S Steering Committee b' Leadershlp Team Workshop Invitee 2008 WARN Contacts by'State State Contact Affiliation/Role/Titl - Website Alabama Buddy Morgan Chair, AUVARN_. Not operational at this time- tmorgan~a niwws" b.corn 334-246=1607 Alaska, Hilary Currey Chair, Steering Not operational at this time. NI@r,y;_cuirey@anra.org. Coinirlttec= 407-357-1155 Arizona lean Voelkel Chair; Working Nonoperational at this time: b ,voelket@wwm.pima.gov Committee 520:740-6561 Arkansas Thad Luther Chair;~Steerin9 Not operational at.this.time. had.Luther~ carkwxom Committee 501,-377`-.1220 California Ray Riordan Chair„CALVIARN v.-ww.calwarn.org r ayi-iordan@cprncast. net, 925=830-9180 olorado Mary Messec Smith Member, COWARN www.cowarn.org mm5 m)th@cdpiie.state-co.us 343-692.3581 Connecticut Toni Chaplik Chair; CT)MARN www.ctwarn.org tci,aplik.@rwater:com - 203-562-4020 Delaware Not. availableat:this time. Not. available.atthis Not.operational at this time. time. District of Not available at.this time. Not available at this Not operational at this.time. h1tp:/iww~~,a~rwa.or ,'govennnenUcoiitent:ctin?ltemNtimbei=30229 91 Columbia time.. Florida Scott Kelly Chair, FLAWARN . .vw-:.lavja;n.org kellsd:g?jea:com' 904-665-4 642 Georgia Sandy Smith Chair, GAWARN v.ww.gawarn org sandy,smith@, gx4nnettcounty.com 770.904-3206: Hav.,aii Susan Uyesug Director,. HI'ANIWA Not operational at,this.time. ssubws~hb:rs.dr9, Sectiorc. 808'7413=8961 Idaho Bill Carr Chair, Steering www.idwarn.org tiltcarr@Lmited,water`com Committee R08-3627 369 Illinois' Laurie A. Dougherty Executive: Director, IL wvrwAlwarn-.prg laurie@isawwa.org AWWA Section 86615214595: Indiana Stanley 5: Diamond Chair; INWARN, Not. operational at this time. sd is mond`a 'greel cy-ha nsen.co m 317-924.3380 Iowa. on Martens Chair, Leadership Not OeraUonat at this time. :martens@a-m-ti.net. Team 732-243-1395 Kansas Lanny Uden Chair, Steering Not operational. at this time. luderla,.bpu.com Committee- 9i3-5'73-.g842 Kentucky Don. McKay Chair„ KYWod RN ww'w:ky+yarn:org dmck3ybIwcky Conn:. 502-569-3635 Louisiana Don Broussard Co-Chair,: LAWARN wNw.lawarn:org aitch2oh@lus .org 337-291-5743 Maine Norm Labbe Chair, Steering, Not'operational,at this time, . rltab6v~rkkw;arg Committee .707-985.3385 Maryland. Stephen Gerwin - Coordinator,, MDWARN Not operational at this time. sgerwi n@howa rdcou nty.gov. 4.10-313-4912 Ptassachusetts im Controvich Chaie,'MAWARN Not operational at'this time. im,corttrov i clC~'v« aterandsawer. org 413.452-1306 Michigan Terry Biederman Cliair,,Steering` Not. operational' at this time. tbiederm,@twp,waterrord.nii.us_ Committee 248-618-7451. Minnesota Pete Moult6n Chair, Steering www.rnnwarn org pete6)@saintpetermn:gov Committee- 507.934-0674 Mississippi Ken MtCOOI . Member, Leadership Not. operational at this, time. alrnsawwa@cabjeone.net Team 1662-719-77S6. Missouri Mary West Member,, Steering Not operational at this time', m:rest('-A mpua.org Committee, 5737,145-3279 Montana Mike Jacobson Cfialr,.5teering Not operational at this time m}acobson(p>greatfallsmt,;net. Committee 406-727.1325 Nebraska- Steven'Boe'selagerr Chair-; NEWARN Not operational at-this timer laStbaSeC~hO.tnlai{CCOm308-432°0522 Nevada Kevin Fisher [hair., NVWARN INot operational at this time: kevin.fisher itilvv,.vd:com 702-258-3110 littp;/huvw.~wv~a.¢rg(goycrnnielitlcvntent.cftn?Itcml~ umber=302 ?9 9,15/2008 77, HIP) New ohnna McKenna Member, NHWARN www.t2.anh.edu/ma Hampshire 'rnckennaCmdes.state. nh.us 603-271-7017. New Jersey Rick Howlett Chair,,Steering Not operational at,this-time. rick%ymjvvaE&.org, Committee 609-242-71ii- New Mexico Roy Robinson Trustee, RMSAWVJA Not, operational atthisaime. rro b i n so r,@a bcwa a a: o rg 505-768-3621 New York Connie Sehrepoel Chair,,5teer1ng wwvw.hy_warn prg, cschreppel[~mvwa.os Committee 315-792-031? . North Carolina Patti Lamb Membe_r_, Leadership Not operational at this time. plambari.charlotte.nc'.us Team 704-391-5061 North Dakota Greg Wavra Member, Leadership Not opera tional'at.this time:. gw'avra nd,gov Team 701-328-5224 Ohio Robin Halperin Chair, Ad-Hoc: gat ti,, hv,,arn ord robin_halperin@ Cmnmittee cledela'ndwater,com 216.664-2444 Oklahoma Monty Elder Chair, Steering: ' a vavw.soonenvarn.org monty cldcrC-dea;state.ok.us Committee 405-702-9132 Oregon Mike Gotterba Chair;:ORWARN ww1w.orwarn.org in gotterba@)cityofsa lem. net 503-588-6347 Pennsylvania Mike.. Snyder Chair, PAWARN wwyr .pawa.rn;urg mikesnyder vpaawyva,org 717-774-8870 Rhode: Island Paul titzmaiin Chair, Steering Nof operational at this time, ptitzmarin@pmmater.cot" Committee, 401-521-6300, ext. 7167 South Glen McManus Chair;. SCWARN ww.v.:sovarn:org Carolina grncmahus@wcrsa.org 86.4-299=4040 South Dakota Brad Lawerence Chair, SDWARN Not operational at this time. bradl- fortpierro.com . 605-223-7690 Tennessee Martha Segal Chair, TNWARN www.tnviarn.org rna rtha.se94rnasiiville.gov' 615-862-4626 Texas Richard T°iley Chair,'MVARN www:tzwarn,org richard tolley,C>.,FoftwoN:hgov.org 254-939-6471 rJtah, Dale Pierson Chair,.Ui'WARN Not operational at. this time. dpier5onn;rwua.n2t 801-756-5123 ermont Elizabeth Hunt Chair; VTWARN http:!/www.Scrmontdrinkir}g elizabeth, hunttastate.vf.us water,grgJcounterterrorism= 802-241--3409- info.htrn Virginia Clarence Warnstaff Member,, Stec6fig Not operational at this time. cwa;nstaffQ;,fi)bakertorp:com' Committee 7S7-631-5487 Nashingtoii Jim iiarksen Member, Leadership Not operational at this time. im,harksen o:doh.wa-gov committee 360-236-3180 Vilest Virginia Bonnie Serrett. Chair,. Steering Not::operational at this.timc. hpsdOcifronticrnet-net Committee 304-335-2035 http:4fwww.a%vwa.0rg1governifiCn61Conteni Ifni'?fteniNumber=30229 (M 3/2008 LANE" Wisconsin Dan Lynch Chair,.LN I,WARN vtevwmvi5warn,org lynchd@d.janesville.wi.us 608-755-311G- Wyoming Clint Bassett. Secretary; VVYWARN I• vvm.wyowarn.c>rg cbassemQcheyennebo;w.org 307-637-63,15, LD~~rghl~1.C 5~ -~°iL~n 1^Mt~ ~ciFS S~ s~c~atlon.CUC5\^'Z'uin~;y rie. UV;1':b~I e~18t1?.35 Fndne-303 794.771 t ar sc0.92c 7337 - FAX .303.34'+7 pnr, • Pfi,•a^v CoWic, h#tp:i.r~vv v aw n+a.or~?govrrnnient'contznt.c('m?IteniNumbel 00,229 9/1 5.12008 MINOR r . :p ~S IBr>x 5$4~ [7~ete+ott; f3s?~nn _'!3'13~d2 e(SCi3~~S~&r.3~L°3+6 A 'tAaeti1,12~08" Mika,,Gotterba :Emerg~rcy PreparednessiComrrirfnicatgns blari3cer SateanfPdbf!c Wo'tks :SS5 i ibeity Street+SE Room 325` SaI' R,9r301=35POP, 'RE Ckegon WaterPNa,tewale,( gency Responsz Nehrork.(URWARN)µ :Dear•sV1r_ Gottgrtia In the June 16 2007 Detrorf Cdy Counc l me~bng, Cauncil unan mously votk :to jo w URVJHRN It was ano orarner nat onh;wap # free try join, but thr ide 3'of c,y!es,tiefping; mac r;bftier !n #!me of need rriade:sens ld to rrid we know that the City of Detroit would nEed help just 9 few month latel. The na%t,;tegendarysnowstocrrr that stai#ed in December of 200r'and continue-d-'into February,2008 took its1oi1. CNe knew.we were troubie when we.no ionger'could access the water,piarrt Deeper 't? to find a salu*ion, we tUMe(4 to,URWARN fo dalr ,Gofterba as Elie coordinato of.ORVJAR! t we;-are greatly irdebie ] to"you The; enorrnsfv qurcl -;respoiiscx to our caUsupe"rsdei3 all expeck i!o!!s .Tha Gite of'Se3e!ri crew arr~,ed weH;egwpHed and had our,~oad to,the watecplant open in no t!me at all; They even came up thA neM;day fo help us out of;nnmediate cl finger ,despitegkhe fact] `that Detroit presented n;big;ctiallerige to the!r?nuipmerit The Detroit City Councif'and "the citizens of Detract wish to thank ORW~RN and`:the C N of Salem a fellow ORWARN member for the superb arid;generous service trey piovideo`dunng oir;t!me af;rie~d We wi11 nr er;fo""rgeta j I j a 'Thank you,,:, Ci~y of`Detrolt,•' cjt Carty M yoid ' ' ~'Ri and Jotm Councl'Presidari Margaret;Seatt, Wate? Commassionar ~Greg'S~ieppard ~Str~et Commissroner " r:. E rard~o~vman E[r eigenP;~epatadrsess s' James i inn; 6wld Co ntssioner' tCommissioner 1:4 rini 1 n Hartk~ns, Civic;Genter~oner? Jes McV7hirter PlannmgrCommissaori`' Gi 8irperscn } I '."QRWARN;W ORKS H t tl' `The ernall from ChrlstinePavoni of C4 of Detroit'read as follows:.4Ye are introuble around here the'sno~ +ion't stop!.. =Another foot. last mght and a fear More to Come Marion County Is. supposed :to co me to oucresme to`remove snow, ;b&ause the`snow plouers~have no playe ro push snoir to anymore 1 have asked (Manon.`Criunty} if they could help_us Wit17 dte rood',up tb tha water plant The,acCess road"cannot b'e'plov ed any loi5ger ber_ause2he berms have coaxed out;.. hli' a ere wills a front end loader."However, ff d does notiget done,`oroultll' vve will tr'y to:have i9arlon'Countyigo up_there %,j Ghat tie sdrriethmg we'coiild turn to ORMJARN to fnrtielpj,"" It had been:5) years.since Detroit has'seen this, magnitude of snow event The. ih male road up tb their:evater,treatment! ?plant was no long passable. or plowable The area had no}power-and the propane powered emeroen y generator f66C 'was keepingtheir watertreatment planton fine v auto run out of=fuel In a dayorso A propane de'ivery;was htal and they were'living on borrowed drne7 ` ;Marion Countywas already responding _to the area The County s available resources were Yally comniitieii and rt would ;tie another flay a rno before ihey,would be able to~assist Detroit;. Detroit reriiembered ffiaf it v as a member of ORN'ARrY'(Otzgoe~lmatei/lvaste.water:Agertcy,Respor5se Neiwoikj and'sent the:aboJa ?mail;to Mike`Gotterba; ORWARN ;`t3iairf Gdordrnabng with the Gtyof DetroltManon County EmergencyManagement; and Marlon Coumy P6bllc~Works,.the City 'of Salem Putillc Works Deparunentorganized'an immediate,respaise that included two 4whcet-dnve;.tiackhow ;tsvo _10 yard tivck5fplats four perators'. and a team leader':.,. y " -The first day ,the backhoecrev s reopened a~life Ilse:"to Detroit s,~ater plant ,The~prgpaneiieWery made'it in Ume~ Ttie -crews wereal3o able to clean out some~of the highec~elevauon naiirorr streetskfiat plows Could not get.[o:r Nleanvhil? th plows ivprked hard io .opt'+r'previotis(Y unplowed streets They_were atrle to widen there'and make.tliem saferarid? `passable forDetrat ohzens vrho hatl;begn unable,to"get t`o'and;from_thelr harries for ttie;last`sev?ral-tlaysi :.6y the end of. the irst day` the responses, ad made an lmmediate impact on the, fives of zhiebetroh abzens and local . itiusinesses :This respons etenabled Marion County ivhen they arri ved on the second day to,.get arounil;much easier~o' vanWS parts of the City to'load and haul away vast:amounts of sisals ManonCovoty wtdt';theu hightertain equipment;; " - - `n .v as better able to handie:areas that Salem gould not:get tpt's° , ' ~A subsegUenE:email frgmihe City of Detroit read r"'there aren t yrgrds big enough to thank'.you for the;iiicred~bly gtiick_ ;iesponse moui ome of need The Saleni crew was~just ati`vescmefThey wenrgiay beyorid•die coq of doty.antl even . exba day idpite the fad that De[roitpresenteda-rear challenge to their equipments At any rate eve7e d 'showe up ;an still in a rather chaobc state as far as'o garnzing Iss<es and Porkers are concerned buz things are{ooWng up Th sis just wck state#o lliank Mike.the Cityof;Salem and'all~tho5eywho have called aril offered assistdnCe QAWARN',. ;OVORKS+trir'Thank }kiL;?Gty_oflDezrolt;tChnstlrie•Pauoni; Gty,,Retsiide~", ' V [ORWARN is an intrastate riwtual ald:program"available to alfi>,rater,'and wrastgwater unh6es;public and pfvate tha@can ,be acbvated.4rith or witiioiit a fomtalidisaster declai-apon Therein no Cosy to 3om The DHS Drinking 4Vater Porgram=t you a membeFiyet~ Gq to.;i{^ww orv5rnro or coot ct~ DEQ & Oregon;lmergency!hlanagementsuppcrt ORWARN Are 'o 'N211 Kent>edy at 503 848`,3D49 or Mrke.Gotterba at503 588 639i' .:q< MUTUA ,AID AND,ASSISTANGE~AOREEMENT,FORrTHE PROVISIG OF EMERGENCY SERVICES RELATED TO`WATER AN E) ` ~WASTEWATER~UTILITIESr I Thrs; MutuaAld~andAssisancegreemenf;(aAgreement°} es#ablishes~a?M+irtuall Aid,AssiStan ce. Prog~ra`m among_ignatories toiYnsaAgreement and ,contains proceduresandr stand "aids fnr a; ,water and wastewater utrhty<Mutual;.Ard; and Ass'istance?Prog~am. AGREEMENT, I This Agreemenr~is entered° nio by the Merrrbers ttiatphave, by executing this Agreement ,`manifested° eu intent to enterernto;a Mutual,Fud andzAssisfarice program through the Oregon> WaterN/astewater+ Agency ResponseNe#work (oR1NARtJ) AssoaatMembers inay also„tiecomtae affiliated mth ORWPFtN by Pexeciting ihi 4ge ement A IrsE of ali Membe s and AssoGake smembersishall bea maintamedl,by` the Govemingt board andS?rsavaiable ;upon, request;.,from a Gove"rning:Board: i j ARTiICLE,I.. i !PURPOSE? f Recogrnzing that emergencresemay regdire ,assistan~c~,m tgeGform39f~,personnell equipment andrsupp6es„from outside theareaof impact theMembers hereby esiatilish a Mutual Aul andzAssistence'Program9 Through th"e, Mutual v ,and. Assistance Program, Members may m" Wthe Mdiscretionrdmate response activities.and8share~resources~~-cluiing~erriergenc~es„This Agreement setsforth the,proceclures,~and standards?~fgr the adm~istratton of th`e~t+ilutualt'A~dr„and' , Assistance,Program' ~ i ' ,ARTICLE IIi, DEFINITIONS, A Associate Memtie t Any#pubhc or private .entrty that.desires to tie, affiliated wi h ORWARN may become ;ad Associate Member Associate Membersa~may atteridgboad meetings attend general membership gmeatfings attend tram+ng exerases, receive general6rnforrr tion egardmg the orgarnza om -te rd~ Assn arte~Member~smaynotaarequest amass seance o respan""d'tovamreque tafo ry assistance sine the Agreemen# !Further,EAssociate Membersmaytnotiuote and areinehgible;to+serie;on'`the Governnmg board: i B3 Authorized-fpfficiall iEmployees°orofficers of°a`tNember ft5a#,arerauthonzed ~ to g(1s) request assiance (2),offer,,Vasststance (3)%refuse~to, offer assistance or-- (,4)h withdraw assistancesunder.thissAgreement iPagel of t3 +F na1 Vmlonk(Nlarcli 1!5 2607) 'MutuaPAid'antl~Assstanc'e'A eementr f'' c>nr o~ ,m,a~~.,.;•F:.~~ ~ ~ ~ kr 'Mndrfed~Idtay~2008 , a - - - - - - - - - - C Confidentiahlnformafion Anydocument*sharedkwih any ignafory;o#th(s;, E Agreement thanismarkedy,confde`ntI, trcluding but not++limited to any'map; report notes; jpapers - opirnon ~,or= e rfiail which: rela{es =~tos 4hea ~systeni ~vulnerabihties of a'Member=r } q ry 4M 3 H %`S t D - Emeraencv Any human caused' o~~ }naturali 'event "or `eircumstance° i' cagsing orkimmmently, threatening toy causes loss of l fe turyto, p on or ;property human suffenngfor~fin aneial loss;,and includes but isonot~limited to fre-;° exptosi znfioorevere;eather,,~rougtita,earthquake;~volcarncactivity,hspills"or= releasesfof oik& hazardous~rnaterial as defned inIORS 46fi 605 .contaminabon,B ' util~ty,~or transportation~e~emergencie0 disease;4bhghfamfestahon,~crvil dtisturbance,~ ~ E note'intenticnal€acts~sabptag'e,andxwar thatRislorcould'reasonablybe+bekeuetl to+ tie beyondthe controlof theservic_ es personnel equipment`• andrfaclities vof a E Member I ~ a E , `Member M ny% njunicipaf y3corporaton quasi muniapaff t6rporahon;; department or:agency of a municipal 'corporatipon, department orr agency ofjai 'C a v k C b w 1r a' '.,h < ,y n quasi~s? mumciPA' corporation seance, distnc#;,gpolafical subdivision"or pnvate utility; ~`.r t s.u.i + a arp.r n., o,,, 7 G .~'^e t company Oat$4part~cipates int, they Mutual Aid sand Assistance Program fly; executing this, Agreement tfk any"Ymumcipal corporation.: quay murncipal corporator department oroagency of a murncipal icorporafio departmento agencyaof aquasi mumpalcorpo~tion tservice,distn~ct~politicalsutrvision or pnwate utility r mpany h'as"separate water antlrv~astewaterGopeahons ,each onew rf cont~actA4 eparatelys all betdeerned to be,4=e`mber}for. purposgs~of•this Agrgym eement.; i. F, National inciddriUManaaemenUkSYstem"(NlMS) A national standartlize'd a _pmachstolinc denvt mar age nt:and responseJhaf sets undoRn processes;and, procedures,foc?emergencyiresponsiIi e operations`. G , Non Responding Mernber AA +Membe~r that does, not provide assisfance, 'duringtaPenod.ofAssisFancetunderihe"~Mutiual%Aidfanii+AssistanceyPrograrti: y ti Penod+of,ASSistance rAperiodfo# 6me,durngrwhiich a Responding,Mem§ber c assists a} Requesting Member The penodr comrnences whence personnel, i egwpment , or suppliesx depart from aRes`pondmgt Meintierzs facility and ,ends g !v 4Fw w v .~r ^t.yy, x 'C m -rte et s.. _va::' c nt;a b ? *,wh~en~ the Respond ng APMembeh ~oc,tlonger~r supplies n~personnel equipme; supplies:`o"rsennces;to,#he;RequestingMe'rribera n ` ` i I_. Reaues6na Member A Member that requests assistance under t(%e Mutual Ard andt . istanee T_rogram J Resaondirig Memtief AWMember thatrespondsto a?request forlassisfancet under,--the Mutual Aid amend,:Assistance Program? i 3 Paget2 of 13 Final Versmn,(Ivtarch'15M07); Mutual ?udrand_Assistance A3geccme`nt aModificd May,2668' t i ,l I E ,ART;ICLEIitl. XADMINISTRATION , A A~GovemingBoa[d'shall be establ§hed to oigarnze and malrrtaln then The GOVemin - n w._ v ~ ,P * ,rvt~ - 'Mutual Ald~and~AsslstanceiProgratn gBoerd haltFbeeleetedby Fl'f '4f.....GS, b f # CnV~$i.d i ballot b •r y armatonty vote of the^Merilbersfof~thlsAgreementEaeh Membershall_ have=one vote Assoaafe Members are l`nel oible,tokvote andiimay not serve on fi 3 to k rA a d'kz": "'e , a t ,il 'the GoveminglBoard° U j St°r tK` t B The Govemmg Board shall4consist of,'SkMembers The Gavemmg Boa;d will elect the foliovnng officers a;Ghalr ~a UICeFChalr and aSecetary TheFterm of all boartl;members shiallfber2kyeaxgePt that7m,the+firstyear3theFAgreement; isln~`eWffet the; to rm,oftheVlcegchalr andaotherj6oardumembers shall be 1' year Aggluorumshalikbe,a?majonty:ofrtheFMemtiersiof the GovemingBoa~d: Cr The Governing, Boardtshailmeei at leastri iwlce* ea}year at a meeting ¢placb,' d signatedrtby the, Goveming~Board , 7 he Gov_emmg Board rnay=kej Aestaplish'R-WHd ;alter rules and ,regulation's forlits.',procedure' consistent with' generahy\ recogrnzed Eprinaples ;of padiamentary1p ©cedure., Thei_Goveming: all. have the power. lo- .caBoard sh rryt,out he,,purposesa,of this rAgreement including butfnof Ilmltedl to Fthe <powerx w adopt bylaws,; develop spec fis Jprocedures abd,protocol for requesting assistance developospeafic procedures mAr and ProtocoG for respandmg Am request for asslsts`nce+ organopq eebrigs, ~operate~a vvebslte dissemmatei nformation icreate; Irrformabonait=Eirochures;° I Itcreate¢ subcommittees, :ma ntair . lmembershk bsW nalntain equlpmentkand, supply,lnveMOINIsts -and deal,wlth~membershl issues: I 1 i, i 'gl2TICLEIV ~ 'REQUESTS FOR ASSISTANC"E, G evsr A Memberu Respon"sibiiity ?Members 'shall idealgnat, it R ionzed Otfiaai(sj " ,providecontact~infomration Including em~rgency~24'hour,~contact~informatlon and Amamtairi}resource?information;madetaxailable,by,,the ut liV, mutual: aidtand assisfsnce response Suchnfomiation shalt beupdated` annually or when 3 ~ ~changesToccur,~endtprowded~to~the`GovemmgtBoard, ~i Iri",the event aP~~an Emergency"~¢a Memberms~Authorized:Official may Er"equest =a c x mutu_ 1z 'Id,' I d 8ssistance46 aap cipa&r gAember; Requests fort4ass!stance' can;be made orallyF,oranpnhng 'When made orally the que'sC fo ppersonnel;, a egwpment nand supples,sh'all be prowdddlm wnfing as~soon as ed6ti6able l Requests for assistance shall 56 Arscfed'toj'the~-Authohiod 'Offiaal 'of Ahd pa'tic paling Member T?ia Gov m° ng Beardyshallidevelop speclfc~protocois',for requesting aid in bylaws; as amenttedaftom time tg, _ ~.F~a*ur..* ~ •~a-,x~e~ s x%a vin.-xa, f ,Page`3 of 13, " IFinal Version;(I~Rarch IS>2007) j Mvtus`t`AidJanil As`s~staacciAgeement. 4MbdtiedkMay 20008 _A r.. ~ - E f I E I B Response to a Request for Assistance After a Member ,receives a X a , 4 y r eau 4 7avx Y,- I request for assistance ttie AuthonzedOffic~alzevaluates whether resourcesan e r4s a available°to respond°to~the*request=for assistance Follow~ng~the~evaluatiQn ~the AuthonzedtOfficial,shall inform7pEas sDonaas~'sl possible the Requesting tv(ember whethervt has the~resouroes~to~respontl IfrthetMember~is=wilting and ableRto >le'UC t =Y 'i` Y" ~ 6': R. ,Te }R G =i' > S G:' _ we' YvS ~ provide assistance nits sole discretionthefMember shall mformathe Requeshng: Member aboutahe<typesofawailatil'e i esourcesand~.thg(~approximata arrival #ime of` such assistancw ' C Discrefionnof RespondGng'1MembersAuthonzedCdffiaal Execut~ort~oftthis~; e_ t Agreement does not creates any~duty to Srespond to a requestfor assistance f' 1 .V.. ,g 'f b »3 p i W When lh a Member receives a :request for~assistance dthe Authorized Offiaalrsha have sole and,absolute~discreion asio whettier~or riot to respond=torthe request nand tte availatilptyof3reso sto beusi zany such response All Auttionzed Offioial s+decis~ons,on theavailablldy=of=resources~shall~be~finalunfess;ovemdden y ~ Eby the""fvlemberas~gover~img body i ; ~ ~,ARTICLE~Y t5 e,,.,~ ~ ~RESPOND1NGfMEMBER PERSONNELS 1 Ps Nahonahlnadent:Ma1, agement SystsinWhen providmgassistance$under? tfus Agreement the Requeshng Member and'Responding Member wii_ useothe_ organizational pnnc~plessei forth m the,Nahonal Incadent Management System B =Control Respk ndi rig Memti rgpersonnelrsha11 remamWundier tha'!3rechon`, and conUol ofthe Responding~Membe~ TtieRequreshng Members Authonzedi Official shall coordinate response tachv fies with Atha des<gnated supervisor(s)V, ,th Resp`ondmg Member(s), Whenever practical Responding ;Member: at 1, a personnel musthbe self suific~ent for up,to,72hours i 1 C Food and Shelter WWhen possblexthe Requesting Member<shMall~supply sreasonablef food and, shelter for Responding,'Member lDiRsonnel 4f, the he Re pondrig M mbees,?jtlesgnatted sup hA oti5a~a thohzeddto ecure the'', resources reasonablywn6&ssaryto=meet~.th6ihdeds 6flitstperSonn6l Except,as pro"ded(,forlbelow theicost'for~such resourcesbrnust;not~,exceed thbgStWte~!pef Ediem~irates for that area" To exten F,Co~o~dyand ShLelte costsrexceed;the?State' km,,.! J M r ?7 ' d-rM" i^ 'y" ASh 'fas 'tY S^' per,diem rates for tha area Responding Member must demonstrate stfiaft the addit onalr os s were ^~easonatile and 'ne"cessary i"under thg`= arcums#ances: Unless otherwise agieed»to mp wntg,~ 'the Requeshng, Member remains _es1pons ble for reimbursing"the Responding Membexr for all3 feasonal ie and j I $necessary ccosfs~assauatetl3witFi poyiding„foodiandxshelterlhsuc>,zresources;are I snot provided. l j Page 4<of 13` Fiimt version 06=11: 2007 7, Mutual`tvtleand;Assistance':%Ag~e"emen ModrfiediMay2(j08 kI 8 y ~ I s~ D C 'mmn' 'c -a ion Thee Requesdrtg Member shall; provide,~RespondIng Member personnelwdh r'ad+o equipment as available fora tad+o frequency= information ttor program e>oshng 'radio, ,equipment; in,. ;o~d'er to fa'c+iltste. commurncations w+th~locat responders an'dsutihtygpersoonels W ....'4N°nt4'sHk da he:.~„'"=rA'w-~ E: Licenses and Permits To dhe extentgpeerritted by law= Responding Memt iiiTiT rsornel who hold valid flicensesgcertfictes or perrriiits evldanang„ profession l~ mechanical; or3 other skills shall be allowedto carry=out activities and;tasks relevant and relatedatottieu resp'echve=credentials during+thefitspecfiedx 1. 4' k Wf?'(3^fii1? h .z `:~_srv _ ~NviSF"V '3 ='C eS~Srvo,.•~F' d"`f cmd 2'4 r"./.c'~~`.i^A. Perlod~ofrPSsistance,.r ~ ~ ~jjjl F Right~to Withdraw ~ The Responding hitemberss Authorized Official~re#ains° the right to~~nthddrawtsomeror ail of is resources at anyAt+merfor6anwreasonan thef Respo duig Membe~s ole and.absolued+scre6on: ,RespondmgrMemb~er(sj'° sflall4tlave o iab+l'+~#y""from a BFCISi0n4^tO W1 hd W NOfICO~Of IntBI1t10n t0 withdraw, mustibe,commun gatedeto`the.Requ`"esttng Member's'AuthonzedtQfficial; las,soonms°is practicable underthe~c+rcumstancev ARTICLEt.VI';~ Fi ~ CAST"REIMBURSEMENT, A ,Cost` Re+rrbursemeh t O less otherwise (mutually `agreed< by the RequeshngtMember,and,theRespo~ndmggMernber theiRequestirrg~ARemhershall reimlurse tFieeRespondingMember for each ofthe follovnngcategones of costs incurred wliile:;provid+np -idj'a d ass+stance during;thefPeriod ofA`s'sisfancer: ' i B Personnel Costs ;Responding Member personnel costst~shall .be the' amount to be paid for work performed by ttiexRespondmg Member5'personnet during a Period;of Assistancetunder ttieste'rr>is andvcor dd+ons of the`rResponding Member si individuals employment bccintraccts with ~such~ ~personb4l' . The Responding Member sydes+gnated supervvisor(s)lshall, keeptiiaccurate r'ecords ox work fipeormed by personnadunngihe Period of Ass+staree Requesting ' Memberdre+mtiursement { he Responding Member,, shall-mciude allll,~perso' ' costsai cuRedxitiy Uie Responding Member`',i'ncluding butinot~lim+tedrto; salaries 4Or tioudy wages cosfiOorrfnnge,,(benefits'^ancl'inituect costs r a. C Costs of Equipment nT~hgs Requesting M tuber` shall! reirnEurse the Responding Memberfor?the use ofegwpmentu"dunrig~a Penodof,Ass+stariee n~ 3 P~ m~" Ct4 Y Po z+ ~y k. ncluding abut' ,not jlimitedrto reasonable rental rates,, ail fuel tubrication~ mainfena~nce„trahsportatiow andflo~ad+ng/urilcadng of loaned equipmmL AEI equipinant~sha113be rehirried to4the Resporidiiig Member`tas+soor as s pracifcabie and,reasonabieunder thetcircumstancesGenerallyiates for.egwpnt use will beibasetl o ttje FederalEmergenc o yrManagement~Agecy s (FEM4)Schedule: pme4"-'a Rges if a Fesponding Member, uses te's drffere t fed tho n tha FEMA~nSchedu~eof Equipment !Rates' the Respondng Member gnus#; provide ;Page,, of ir3 FinalfiV7r ion (March,') ~2007) Mutual A+dtand=Assvstarice A i eemen[ u t 8f ttvfoclified May 20,08 = it su&'zrat~es o Ayply ,or-Am ywnttngt'fosihe Requesting Memberapnor to supply,ng; -41 1 equipmeniv Mutual agreement on which rate`s arsused musf~be reached in; venting pnor Wdisp`atch ofttNi equipment- Reimburseriment forregw¢pment not referenced. on tFie FEtv1A ,5chedute of ,Equipment- f2ate"s must beydeveloped based~on;actual~recoveryofrcosts Ilrntheevent Ioaned~equiprnent is damaged,° while,bung dispat red°to7RequyesfingrMember iof.whlle used during apP.eno'd of Assistance and such vdamage'is not due to~negIigence,or intenf'onal»acts,of the !i 4Respond ng.Memlier Requesting~Memb~er shalllreimburs ~Respondmg Member`' ;f~grl'tfiwr,easonableg~cosf,of repamng suchsdamaged equipmentz lfAthe `damaged'. E ;a yeguiuipmen"tt cannot be, repaGred, then tRequestfng', Member Yshall reimburse Responding Member y the reasonable cost of, replacing} such damaged` egupment with equipment that~ist~'of equivalent age;,xcondItion and of a"t, leash equal capability. If Responding Member must lease+a,prece of equipment~wh~le?- I 5,equ€pment is being; repaired Requestmgi ember~shall reimburse+RespondI I Member for such rental~costs_:- Dxt Costs .of Matenals~ and $uoohes The rRequesting, Member must reimburse the Respondii glFMember m,kind}orAat actual replacement cost aplus 6 % ~da5^.ryyY'w=a,5,y'V`•, 6 .r"! e3ee p i sets.. 3^ m re-. .y 3*- 3' handf ~g Trgesfor; Responding Members uses of expendable4r' non i j returnabletsgpphes dunngrthe ?enod,ofIPssistance_ The;Respondmg Member must nof~charge~direct fees or rental charges ~ta~tFie°Requesting ,~Member~fof ij suppes and reusable items~t~hatrare~~etumedztoxtheo-FRespondmg~Memfier,m;a- clean; damage=freeM ponditwnY Reusablesupp6es that area returned to the i it Responding Member with' damage stalfbe'-ir~eatedrasexpen„gable supplies o"r" ;,noiT-'~retumabteforpurposes ofxcpsfreimbursement> . E~ PavmenidPenod Tihe Responding Memtier£mustiprovide antitemizetlhbd[ to~thgRequestihg~Member for all e'zpen sesY ncurred bypth R e esponding Member n pro xtlmg ass~stan'AM eeunder this Agreement hut, ater.~than ,nmety,1I90) hays followmgrthe end of tenodtof• Assistance The ;Responding Member may, requestadditional per oils of time w~thmwhichsto submitpthe,itemized bill and' Requesting,tMember~sh "11.,h Fsunreasonably wdhhold~consent to such Prequestt +ThesRe uestin gMember,stialI a tithe bill inifi,ll on o~ afore the fo ~`fiftti 45th I rday,followng tl a billingAdafe Tfys{Reque ng-Memberj~m y'o`eque t,,addtiorral penodsyof~fime~mnthm which to pay iheZitemiied,' bill,4andWLRespondingi Member shall*notfunreasonably withhold consentto<si,~ch request 1pnided ,howeve17 ~t' t all paymen f siahlroccurF'riot late yUian one year after the,date6afinal'Litemized liilf s submitted to~the9Requesfing~Member 4 y r t• ~ b r as" . F Records- Each Responding Member Iand thev~ dduly. ,authorized i represen~tati~ves"shall~ vet coessr o aiReq`uestmg Me mbar s't~oks documents notes; reportspaparsand~reco~dswwhicharetleetlpefinent to fhisYAgreement' Ji for the3purposes of reviewing thetaccuracy,of acost bBlior making;aAnancial{ maintenance dl regulatoryr audrt Each~Requeshng,Member-iiand they duly, authonze&representatives fiall~habe aocesswto a Responding Member s books; Page 6 of 13 FinaLUers~onE(3vtatch T5, 200,0 ` MutuaRArdrandiMsistancc~A,~~ Bement Modified May 2008 ' I ,K • it documents notes reports papers~and records whichare directly, erUnenf to this` .,,:atc r .T.._a ~•a; n ro`.r -c+.f.~.k;' z. nth w „ p 3 Agreementhfor the=purposes of raeviewmg=the accuracy,, odVpac6s0billl oti Pmakmg a3. financial matenanceaor+regulatoryxaudif uch re%brdsoshallfbermaintamed for> at'I ast re-1 (3) years or,longer wl ere,raequiredI ilaw.<< 1 ARTICLE ltlL, DISPUTES If a ;depute arses between Members under this Agreement the disputing Members shallfirst ~atteriipta to resolvehthedrspute~ti"y`' negohat~on followed by mediation andfnally by filmgan action m,aicourt.of,competent,~iinsdiction: Ir h StepROnne The disputing ~Member§~shallL jauthonze ga' person 4(fAutho zed,Officials)kto'hegohat6i6h!thei~,,behalf` ifxthetdisputeis resolved,at thisstep thereshallabe5a;wnttenp8etermmation of such iresolution signed' the ~dispuhng,Members Authonzetl Official andi giratfiedN,by-,each govveming, body d requAred; Step One Noll be E* , completed when notice 'is delivered m wnpng to all' disputing M~emberS ~Stap Two , flf~the~ d~spute:~cannot tie resoluecla withm~fifteena (15~ bus ness,daysfat Step One it~he disputing Meinbersashallsubmitjhg matter to mediation Thekdi~sputing Membiersshsll,attemPt to agree wo a med~at~o~ f'i~hey cannot agree the-disputing Memberstshall requests lis# offive' (5) mediatorsfroman errtityEor firm" providing mediaton~sennces-^ The+disputtng~Nlembers.will mutually agree?on i a mediator fromtfiethst p~rov~ded if the disputing Membersrcann&.% ~m wally agreeupon a4~mediatorthed~sputing Members shah f 'alteffiOdly stoke ,one name from ;the Iisf,lun61 one. mediator remagiss Thearemainmg ymediator~shall be{Fthe mediator for the:. rdisputeAny commonycost~s]]af~medlationishall?be born~eeq~ually byre the d~sputing.#~M,Nembe~ who shalk~each,~bear~fheir ow n~rcosts and° fees If the issue~ais,resolvedtat this step ~a wntten deterrnina I of 1. s'T ,+vE "4*£V~, "tL, v.,,*Xrpt h iex°a}n a ,o F4. - sucf~ resolution shall~~be~signed~by~each~A,uthohzed'Official anrh:a rat~fietl by their respective govemmglbodaes if necessary:,, h x A ~e~r ^tim P t .:a r ~'L : +r{w.rr3.d I Step ThYee 'If~ttiewd spuUngMembers' are unsuccessful satSteps One and'Two the d spute shalltxbedres°illve`d by a Statwof Oregonp ;court of competent-ju nsdi ion Venue;shall#be~ifitheujunsdidtibn of 3 the RespondinglMember subject to+statutow limitations Page 7 of l3 ! FinalY Version (March ti 20QU' MutualrAid.and`riss>$tanc_eA frccmeritr fM~od~itlc~May 208 i _ 'ARTiCLE~VIII; i VUZT! OF REQUESTING9MEMBERS=T6.sINDEMNIFX' I pv ~ nx x Subleef to thepOregon Gonsittut on th&liimits imposed under the Oregon Tortp,, Claims Aft Man d laws of the~sateof0 egos applicable to local,govm menu thef ReguesUng Member~shdllryas~sumegthi~defense~of; fully indemnify save an Ir(h d harmless the-Responding Member, ds officers >Agentsaand employees from all; claims suits actions loss `damages ~n~urydand laabiltty afeverykind naty and, ate s 1 itlescnp, :tion di ectly or„Intlirectyi~arismg~ftom Res-pondifig Membert~s'work during{ a speafietl tPenod of Ass stance;, except 4for daims_irising''kout of the w~liful: misconduct or r'o-ss~neghgencerbftResponding'Member dsyoffieers agents ands employees AR, E•IX SIGNgTORY INDEMNIHCATION j 1 To{the extent,ngt ad`dressed3m'Atfide,VIII, arid) subject d the~Oregon`ConstitUtioh and limds imposed under the Oregon Tort Claims dAct sa R`equestir Member shall have gar;duty,=toy defend m''demrnfysave~and hold harmless ail Non Respondi g th/jembe'rs andF ~Assoaate Members At "r-'D ders agents and empoyees from~any Iabyrl~iy ~da~im,d'err>and; acdono~~pcoceedmg~of'wiiatever kind or nature arising out,of Penad ofrAsslstance ; kARTICE~E- _ k s WO RKER'SYCOMPEN'SATION CLAIMS =Eacha;Respondmg~tMerritier,~shall'prawde workeris'`compensation:iienefits°rand j adnnriistenng~worker s:comgensation forits owwnrpsrsopn~L~ ! ARTICLE AL , NOT.ICE+ MMertsber or Associate -11, 1" 7 of~a claim~orssu~t rthat~iri` any wadirect~ indir_Mecem, becorynthtiantg~ebnecy omoreo sstahwerawresEe affecfsro- -4~ affect; other -lutembersor Assoaate Members ofttiiis"Agreement shallprovitle prompt'; and timaly notice~tii the ilembers o(AU0date~M6Mb9rs that~may4be 4ffect6d b"q; ' the suit orFdaims Earn Member and Associate=Member reserves~tfie<nght to'; YSK>11 `a '"L' i AT' %eLb S':y s1 - 4. FS } n ~ to partiLypatefinithe defen§eEOflsuch~elams Msuds~as~necessary~to protectMits~ownt interests Y i Pagc°8 Qf 13 F.uiabVerswn,={March,15;,24Q7) P 0. Mutiia2;tlyd=and#ssista"nce Agicenientt Modified May'k3008° j t y ,ARTtICLErXII , INSURANCE Members and. Associate Members 0of this Agreement shale gmaihtain an' app opnate ni surance ~pohcy&, or riximtam a;s L%f elfinsurancerprogram that cove s' J Y fn.w " A in 1} ^+T 'iN a' 3'"G S.3 •Y a i 3 a~ctwi'ties tha it,may undertake tiy~yirtue'ofYmembership?m'the~Mutual;;Aid and` Assists wprograrri.4 ARTlCLE`Xlll, CON FIDENTIAL:INFORMATION' ~ rTo the extentprovtded~xby Iaw~Meinbers~arid«Ass~ate~Membe~rs~shall~iritam ' ma'the strictest`, corrfiden`ces awn hall'take4a11 reasonable~steps necessary to x: vpfdvent~the~ disclosure of any (Confidential InformaLon disclosed Auniler this' TMAgreement'~ If parry- Membe Assocate, Mamtier; hirct party or 36 the r entity; ~requess~or demands' by subpoena oriotherwise ~thatya iMember orxAssodate; Mb'tnberldrsdose any~COnfldent Information} disdosedF under the Agreement „ theMemberorAssocate Member shall immediately"°t the owner of the; ¢Confidenha~l~lnormat oFn and,sl silk ~ ke~lt~reasoriable,steps,necessary to'prevenf thefd_is~closure of any Confidentiai,lnformahon byXasserhng all applicable rights, and pnwtlegesvuith respect to such`mformatioandtshallucooperate`fullyni zany ludici3uW administratroe;proceed~ing relaf,ng(hereto , ARTICLE~XN £FFECTNEtJAT EANDtf?ROCESStTO,ADD.NElf11{VIEMBERS~ ' - .fit- k,rr This Jttgreement 4shall' be effective after two (2)~or=more en6ties~ authorized representative 2 execute tE e Agreement, `Membbship, shalW156ecome eftecf,ve ,uponrexecuhng thisSAgreement ~A' iIKGof all Members and Assodate Members_ `s#~all~be mairitainedibytfie,Goveriiiiigi6oartllantl,,is,available upon reguest;frorrt<a; Ggyeming'Boarcl . A_ RTEICLEJCV~ TERM; Un ssrestcfed by,OOregonistatutes;'m ih pal~Chart&figv-,bnd corporateiGh' rs'; I Che t yrm of ttiis Agrement shall be for~5 years sand shall, be ,automatically renewed for addrfionaltermssoffive}years;eacti,unless lermmated by Nlalonty, rvote~of the Governing Board AUrmination of;-this Agrreemnt shall inrno way„ 4 { affecfta Reque hngMe'mber'sdutyhtorermbure a,Respondn gMember.for cost mctarcaed during ka Pen~odwof Assii~stance,or~for~any, otherr costs ;voluntanly,i heurred. during the withdtawing. Member's~membeiship3,wtiichiduty shall'survrve,sud s termnahorir j I Page 9 of 13E Final l ersron (March$~ 2607:): Mutual Ard and,Asszstance<Agreemenk Modified~May.2008„„' i I 1 f ~ I "ARTICLEnXVI' V ~WITHDRAVIIAL Mal W A Membeo or~Assoaate Memberfmay vnthdraw froMa li Agreement by pFov+d+ng- ~wnttennofice of`+ts+ntent tc w;thdraw4to;theGoverrnngi Board '!N+thdrawal takes effect 60 days aftser the'Govemmg Board{recerves"noUoe ;W+thdrawal from,ttns i IA,greementshallt+n no°way affecta RequeshngsMembers duty to re+m6ursea Respond+ng,M"emberffoncosi +ncurredgdunng a Periotlaof,Assistance which tlq ~shatl~sur~nve~ sash Hn#hdra~al ~ j ARTICLE xvt0i ',MODFICATIOW No ppovs+onaof th+s Ag a sment may be. tmodifed :altered or rescinded 6'y ,+nd~+dual Members or hAssociate =Members~F of the Agreement Modifications; jj (exceptMod~caUons toUUcle,lll and AficIe,XVII)sregwre a majontyLvote, of the tAk w Memtie~of the~Goveming~Board~(3) or a'{matonty~vote~of theNMembe~s~of~th+s; ' Agreement Mod+fications,to Artide Ilhand At+c1eXVll requ+re,aamatontykvote of she Membersfo tltsrAgreement4' Approved modficatons take=etiect'60days i a after the date:u on which notice is~sent torttie M~`embeis dezce t that the add+Uon of,3a'newMemper or AssoGate:M mberb_ecomes effechveauponrexecuUon of,thi's ~ARTICL_'EXVIII ~ NQ TMIRD?P..ARTY BENEFICIARIES: La9v'r Y S I ~ ~ ~ Ki ~ <b 1 The.signatones_to{th+s Agreement+arektherWyAparpes to t issiAgreement ahd are the~only~parhes enhUed~toenforce'~%ts terms. ~Nothmgm'~th+s~Agreemer+t g+ves is intendedrto~g+ve arshallstie cv~ns~rued~tov'gi~ve orbtiprowide~a~ny.bene6#:or~ngtita d j wFiether, tl+rectly , md+rectly,or~ oiheiw+s"e yioth+rtl 'persons unless ~suctt th+rd~ `persons are +nd+wdually idenhfiedbynam`e .here+n and'expressly,des`cnted as intended benefie+anes_of the+terms of th+s Agteement~ > 'Af2TICL"E ~XIX? ~~Wi41VEl2~ I e o prows+onaof th+s~~greement may be wa+Sedrexcept m'wnLrig byythelMember E 'i i Y xk ..r ry, ~.d` eA- F.+~ •A-U h u`. "+N e' - het. y r waving compl+ance 3No wa+r ¢ofany',pro~+sionof th+s€ Agreements shall const~uLe wave r of any other provis+on whethe"r S,milai or not" nor shall any oee? wa+lver rcosUtute4aonhmm~grwayver' Falu~eoaenfor~=any prohsion ofths' Agreement sfialL notoperate as a waiverofsuchr;prov+s+on or of any other p%vision f t~ ~ ~PogeYl04of 13 ~ ! Fwial ~1ers+on'(IVfar6h 75 X007 " Mutual !vd and Assistance Agreement, Mod+f"isd M4yF2t}U8 1 a J ARTi1GLE;XX, SEVERABILIW The part es agree that4 f any term Morproviston ofithisAg~reementis decaredby,a; gcouri of competentjunsd ction t05 a illegalvor in)ooriflict;withany law gtheyvalid ty of'Ahe mmammg terms and provisions stall n'ottbeiaffectedi, and theAnghts,,and obligations df the parties shall`tae;construed and enfofced as=if.therAgreermehf.. id snot>>contam~thhe part~CUlsraeim or provismn helditorbezmval+d;; i } ARTiIGIEtXXI ~EXCECUTaON.INcG*OUNTiERFARTS~ . t j i Thus Agreement maybeexcutedn counterparts eachofwhich°~shall be ,an i original and all of whicfishalltconsUtute}buf cne and tte samwinstrument:. x, t v ' I i~ i i j t i t t i 1 ,h 1:} I Page=I i~of>13~ > inalNersioq (K --,WR5 X007 t Muhial Ar'd,anil Ass~sranceA ~ eemea[-. ` .,,W,t q g i ~ FModr~fied~May 20(l8s ~ t i , ~ i j I i 1Na WIINErSS WHEREOF anauthonzed rep esentahuee of, a Meriiber or SAssoiiate,Memtier~haslulysexecute~thisthtutual~Ajdandrsis~anceAgreement assofahe,date referenced below An ORWARNtrepresentattve.will acknowledge re'ceiptof+5?he'M1Mutual Aides a dASSistance~ Agreement andrefum a copxy to ttiea I Meinber'or~Assoaate Member ♦ ! Completeieither Memberor Assoc ate 'Moo 19rK , i. - i MEMBER, y ~ i APPROUED,AS TAO FQRMi ; !Bys Pnnf Name x _ ' PLSI OCIATE'^MEMBER I ~APPRO~UED~AS rT,O~F~RMey ,Pnri# Name: Date; _ _ ~ 1 - . 1-466 fv' y`-~ 1' AA ishon.or~ nterestlMwat6.. c/ r awa 1 stewater+indust _ - Page+12 ofrl3 ~ s ; +F~na1~S%ersron (March~i'S, 2007-)' 1 ;M_utual Aidaand:Assistance;Ageement, R~odified May 2048° ~ c I rn , ,a ORWARN ACKNOWLEDGMENT 1 _ r B ell Pnnt~Name. 1 Title-` ~ ,Date, ~ _ ~ ~ 1r - 1 i i i Pagc 13~of=13 Fin"al vers~oa~(March 1'5~2647s); Mutual Atd andaAss~atance;4 rpemcntE 7 gh ~ Mo,,di~ed~May 2008 1 i I CITY OF ASHLAND Council Communication Clay Street Acquisition Proposal Update Meeting Date: October 7, 2008 Primary Staff Contact: Brandon Goldman Department: Community Development E-Mail: goldmanb@ashland.or.us Secondary Dept.: Administration Secondary Contact: Bill Molnar Legal Dept.. bill@ashland.or.us Approval: Martha Benne Estimated Time: 45 minutes Question: Does the Council wish to schedule a public hearing to formally consider a proposed land exchange and property purchase of 10 acres on Clay Street to be used for a public park and an affordable housing project in partnership with the Housing Authority of Jackson County? Staff Recommendation: Staff recommends scheduling a public hearing for November 4th, 2008 to formally consider the proposed land exchange and property purchase of 10 acres on Clay Street. Staff supports the acquisition of the 10 acre property as the development of affordable housing and parks purposes would meet a number of community goals. Background: The City of Ashland Parks, Community Development, and Administration Departments have been in discussions with Doug Irvine, the Housing Authority of Jackson County, and Ashland Community Land Trust regarding the potential acquisition of a 10 acre property located on Clay Street for the joint purposes of creating affordable housing, and increasing Parks property. The subject property is a 10 acre property that received approval for a subdivision outline plan and Council approval for annexation in June, 2006 (PA# PA #2004-00141) This development proposal, known as Willowbrook Subdivision, has received plan approval and remains valid until October of 2009. As part of that 107 unit housing development approval the developer would be obligated to create 17 units of deed restricted housing that is affordable to households earning 60% the Area Median Income. It is anticipated this approved project will continue as planned if the City of Ashland does not purchase the property. The originally proposed City purchase of the Clay Street project involved an asking price of $4.7 million for the 10 acre property. In this original proposal the City's purchase of the property was to include: ■ 3 lots on Strawberry (valued at $1.2 million) ■ Two acres of the Parks property on Westwood Street (valued at $1.6 million) $1.9 in cash from City The current proposal differs substantially in that the current asking price has been reduced to $3.6 Million and City would now enter into a joint purchase of the property to include: • 3 lots on Strawberry (valued at $1.2 million) Pagel of4 CC-Clay St Purchase 10-07-2008 CITY OF ASHLAND • Lithia Way Parking Lot (valued at $500,00) • $700,000in cash from City • $1.2 Million in Cash from the Housing Authority of Jackson County The property owner, Mr. Irvine, has indicated that he would accept an offer of $3,600,000 for his 10 acre property located at 380 Clay Street. As stated above the initial purchase price suggested by Mr. Irvine was $4.7 million. This amount was adjusted downward to $3.94 Million value determined by an appraisal which was completed in July 2007. The current asking price has been further reduced to $3.6 Million following receipt a second appraisal commissioned in June of 2008 which reflected a reduced value of $3.2 Million. Mr. Irvine has indicated he is not willing to negotiate any further on price and is firm on the $3.6 Million asking price. As part of the requested $3.6 million Mr. Irvine has requested the three lots on Strawberry Lane and the Lithia Way Parking Lot as properties to be provided in trade. The Strawberry Lane properties have a combined value of $1.2 million and have previously been designated by the City Council to be sold or traded to utilize the proceeds to support City affordable housing goals. The Lithia Way parking lot has been the subject of a recent public/private development proposal that was intended to develop affordable housing in the air-rights above this existing public parking lot. That potential development is no longer going forward and the developer agreement was rescinded in October 2007. The Lithia Way parking lot was appraised in June 2008 for $350,000. However, through negotiations with Mr. Irvine he has indicated that he would accept this property as having a $500,000 value under the contingency that he ultimately receives Planning Approval which would likely include a request for Conditional Use Permit approval to reach up to 55' in height. Staff has explained to Mr. Irvine that no commitment to any land use approval or Conditional Use Permit approval can be predetermined in any way as the merits of any application must be reviewed through the public planning process. As such this contingency effectively means that in the event that Mr. Irvine could not obtain planning approval for his intended development on the Lithia Lot, then the City would have the option to pay him $500,000 and retain ownership of the Lithia Lot, or allow Mr. Irvine to retain the property at the appraised value of $350,000 and the City would then be obligated to pay him an additional $150,000. The Housing Authority of Jackson County (HAJC) has indicated their strong interest in partnering with the City of Ashland in the purchase of the Clay Street property in order to build 60 affordable rental units on 3.75 acres of the 10 acre property. HAJC has provided a letter of interest to this effect expressing that they can pay up to $320,000 per acre for a total of $1.2 million. The HAJC has drawn preliminary plans for division of the property (attached) and the internal layout of their proposed project. In order to submit for State funding on their project HAJC is prepared to initiate a formal planning action submitting as early as November of this year provided the City and HAJC are successful in acquiring the property. The Housing Authority has financing available and is prepared to partner with the City on this project. Page 2 of 4 CC-Clay St Purchase 10-07-2008 CITY OF ASHLAND In addition to the proposed 60 HAJC affordable rentals on 3.75 acres, the conceptual site layout anticipates approximately 1.25 acres designated for future workforce housing, 3.75 acres initially set aside for potential Parks acquisition, and 1.25 acres of wetlands With the accepted trade of the lots located on Strawberry Lane (1.2 Million as appraised), the accepted trade value of the Lithia Lot ($500,000 vs. appraised value of $350,000), and the contribution from HAJC (1.2 Million), the City of Ashland would utilize an inter-fund loan to reach the negotiated purchase price until such time as the inter-fund loan funds can be paid back. Repayment of this $700,000 inter-fund loan could potentially be derived by either a contribution from the Parks and Recreation Department or by recapturing proceeds from the sale of a portion of the Clay Street property. $ 1,200,000 Appraised Value of Strawberry Lots $ 500,000 Trade Value of Lithia Lot (Appraised at $350,000) $ 1,200,000 HAJC Contribution 700,000 Inter-fund Loan $ 3,600,000 Purchase Price In the event the Parks Commission is ultimately able to derive the funding necessary to acquire a portion of the 10 acre Clay Street property through SDCs, Meals Tax Revenues, disposition of existing parks property, or other funding streams, they could at that future date purchase a portion of the Clay Street Property not otherwise obligated for housing use at a value of $360,000 per acre. This potential parks purchase would repay the inter-fund loan and the contribution from the proceeds of the Lithia Lot to acquire both the 3.75 area initially set aside for potential Parks use as well as a share of the designated wetlands. It is important to note that as structured this proposed purchase is independent of Parks and thus the purchase need not be postponed pending any Parks Commission action. Public Hearings regarding thelproposal to acquire the Clay Street Property have been held before the Parks Commission on May 28 hh and June 23 d 2008, and the Housing Commission at a special meeting on May 8th , 2008, to discuss the original proposal. The Housing Commission reviewed the initially proposed land swap and upon receiving public testimony unanimously recommended that the City dispose of the three lots on Strawberry and apply the funds to the acquisition of the 10 acre Clay Street Property to allow for the development of a significant amount of affordable housing. The Parks Commission has held numerous meetings on the proposal, conducted a site visit to the Clay Street property, and has initiated a review of funding resources in an effort to identify a means by which they can purchase a portion of the Clay Street property suitable for Parks and Recreation Use. At the May 28t and June 23rd meetings the Parks Commission heard testimony regarding the Page 3 of 4 CC-Clay St Purchase 10-07-2008 ~r, CITY OF -AS H LAN D potential trade or sale of a 2-acre portion of a 10-acre property on Westwood Street that was acquired for the potential installation of a water tower, but was then subsequently dedicated for parks purposes in 1990 (Resolution 90-02). The Parks Commission has not made a determination on the disposition of the Westwood property and the proposal currently presented to Council is neither contingent upon that determination nor reliant on the use of proceeds from a potential sale of that portion of property. Related City Policies: Article X, Section 2(c), and Article XIX A, Section 2, of the Ashland City Charter relating to the purchase or disposition of public property. Council Options: To move forward on the purchase of the 10 acre property Council is asked to set a public hearing date to consider the disposition of public property, to include the Lithia Way Parking lot, and the three acre parcels off of Strawberry Lane . Should the Council not wish to proceed with the proposed land trades and acquisition of the 10 acre property, the Council can conclude this process by taking no further action at this time. Potential Motions: Move to schedule a public hearing for November 4th, 2008 to consider declaring the City owned property on Lithia Way as surplus property, and consider a purchase agreement for the land exchange and acquisition of the 10 acre property on Clay Street, Attachments: Conceptual Site Layout for the 10 Acre Clay Street Property HAJC letter of interest Page 4 of 4 CC-Clay St Purchase 10-07-2008 91FAWA Conceptual Site Layout for the 10 Acre Property on Clay Street. Existing YMCA Park a •6 • ~ V EXPANDED BALL FIELDS PARKS - Qf I L 'WEE 7 I I T^ I HAJC PROPERTY r i. _ a c - m I _ Existing Wetlands „ CLAY STREET pproximate Land s111111111111 HAJC .75 acres Future Housing 1.25 acres Potential Parks .75 acres Wetland 1.25 acres Total 10 Acres =Elm ~j HOUSING AUTHORITY OF JACKSON COUNTY 2251 TABLE ROCK ROAD MEDFORD OR 97501 rlr\ PH1TDD (541) 779.5785 FAX (541) 857-1118 / FAX 779-4656 July 24, 2008 Linda Reid Housing Specialist City of Ashland 20 East Main St. Ashland, OR 97520 Re: Letter of Intent -Cooperative Land Purchase Dear Linda The Housing Authority of Jackson County greatly appreciates the potential partnership opportunity with the City of Ashland, and Ashland Parks and Recreation Department to purchase a property parcel of approximately ten acres located at 380 Clay Street, Ashland, Oregon. It is the Housing Authority's intent to enter into a joint purchase agreement with the City of Ashland. The Housing Authority is interested in purchasing three to four acres of the said ten acre parcel at a purchase price of approximately $320,000 per acre. The Housing Authority considers this property'to be an ideal location for the development of affordable rental housing to serve the Ashland Community. It is our intent to collaborate with City Staff throughout the site planning, annexation and zoning process required for the development of this property. Please be assured the Authority has the required knowledge, experience, and dedication to accomplish this mission. Please accept this letter as confirmation of the Housing Authority's interest in purchasing a portion of said property in cooperation with the City of Ashland and further confirmation that the Housing Authority has the financial viability to enter into a land purchase agreement for said value. We look forward to working with you and the City of Ashland to promote the development of decent, safe and affordable housing. If I may be of further assistance, please contact me at 779-5785 ext. 1012. Sincerely Scott Foster, Executive Director 1-1 CITY OF ASHLAND Council Communication Discussion on Ashland Forest Resiliency Project Preferred Alternative Meeting Date: October 7, 2008 Primary Staff Contact: Keith E. Woodley 552-2217 Department: Fire & Rescue E-Mail: woodleyk@ashland.or.us Secondary Dept.: None ~j Secondary Contact: None Approval: Martha Bennett Estimated Time: 1 hour Question: , Does the Council wish to endorse the Ashland Forest Resiliency Project Preferred Alternative? Staff Recommendation: Staff recommends endorsement of the Ashland Forest Resiliency Preferred Alternative with Ashland Forest Lands Commission recommendations. Background: The purpose of the Ashland Forest Resiliency (AFR) project is to protect forest ecosystem values at risk, reduce crown fire potential, and establish forest ecosystem conditions that are more resilient to wildland fire events. The Final Environmental Impact Statement (FEIS) for the AFR project was released for public review and comment in September 2008. The Ashland Forest Lands Commission, in conjunction with interested community members, has completed its review of the Preferred Alternative. Members of the review team will be present at the October 7'h City council meeting to provide their recommendations to the City Council. Discussion: The recommendations of the Ashland Forest Lands Commission are provided with this Council Communication. Related City Policies: The 1929 US Forest Service / City of Ashland Memorandum of Understanding (with subsequent amendments) provides for City of Ashland participation in US Forest Service resource management activities within the Ashland Watershed. Council Options: The City Council has the following action options regarding their review of the FEIS and the Ashland Forest Lands Commission recommendations: (1) Endorse the Preferred Alternative as proposed by the US Forest Service in the FEIS. (2) Reject the Preferred Alternative as proposed by the US Forest Service in the FEIS. (3) Endorse the Preferred Alternative with Ashland Forest Lands Commission recommendations. (4) Endorse the Community Wildfire Protection Plan as the Preferred Alternative. (5) No action. Page 1 CITY OF ASHLAND Staff Recommendation: Staff recommends endorsement of the US Forest Service Preferred Alternative with recommendations as provided by the Ashland Forest Lands Commission. Potential Motions: Motion to approve or deny endorsement of the US Forest Service Ashland Forest Resiliency Project Preferred Alternative, with or without modifications, or motion to approve endorsement of the Community Alternative as the Preferred Alternative. Attachments: Ashland Forest Lands Commission Recommendations to Council for the Ashland Forest Resiliency Project Preferred Alternative. Page 2 ASHLAND FOREST LANDS COMMISSION RECOMMENDATIONS TO THE CITY COUNCIL FOR COMMENT ON THE ASHLAND FOREST RESILIENCY PROJECT FEIS WITH SPECIFIC CONSIDERATION OF MODIFICATIONS TO THE COMMUNITY ALTERNATIVE MADE IN THE PREFERRED ALTERNATIVE "The Community Alternative was instrumental for informing the Forest Service in meeting the objective of identifying the most efficient and effective treatments. In essence, the Preferred Alternative originated as the Community Alternative adjusted in certain strategic ways, based on the Forest Service obligation to meet public land management objectives. " (FEIS II-63) The Ashland Forest Lands Commission recommends an overall endorsement of the Preferred Alternative in the FEIS with the following recommendations in six areas, including changes between the Community Alternative (CA) and the Preferred Alternative (PA), and other issues raised by members of the City Council, the AFLC and the AFRCAT Technical Team. 1. Silvicultural Treatments within the Research Natural Area The Community Alternative proposes to treat 520 acres (37%) with variable density thinning within the RNA, and the Preferred Alternative proposes to treat 1280 acres; approximately 780 acres (56%) are proposed for variable density management. The remaining 500 acres would be treated with small diameter, surface fuel hazard reduction. The major intent of the proposal within the RNA is ecological restoration of the "Pacific" ponderosa pine and ponderosa pine-Douglas fir plant associations for which the RNA was established. AFLC Recommendation: The AFLC recommends to use the treatment settings as outlined in the Community Alternative and accept the Preferred Alternative proposed addition of treatment in the lower 1/3 slope positions on south and west aspects focused around thinning around Cohort I legacy pines and hardwoods. 2. Addition of roadside treatments adjacent to US Forest Road 2060 The Preferred Alternative includes 330 acres of roadside fuel treatments adjacent to US Forest Road 2060, extending from 200 linear feet below the road to 50 to 75 feet above the road. The Community Alternative provides for 230 acres of roadside treatments spanning 100 feet above and below the road (Priority 8, FEIS II-52). The Community Alternative treatments are less contiguous than those provided for in the Preferred Alternative as they 1) avoid treatments on slopes >65%; and 2) avoid stretches of road distant from other treatments areas, and thus significant road segments were not treated under the mapping rules developed in the Community Alternative. AFLC Recommendation: The AFLC accepts the Preferred Alternative expansion of roadside treatments, and recommends to the FS that an inventory of road conditions be conducted by an engineering geologist to assess potential for existing road conditions which could aggravate LHZI or other areas of potential slope failure associated with the road itself. In all cases, road engineering / maintenance deficiencies would need to be addressed by bringing roads up to today's construction Ashland Forest Lands Commission Recommendations on the Preferred Alternative 1 standards, thus reducing future sedimentation sources in the watershed. Treatments would also be modified to reduce the risk of future slope failures (see #5 below). The following three issues address aspects of treatments in the McDonald Peak Roadless area, thus there is some overlap in the discussion points. 3a. Treatments within the Talent WUI While some of the Talent WUI lies within the McDonald Peak Roadless Area, the AFRCAT Technical Team declined to address areas outside the City of Ashland WUI with statements such as, "We focused on the,Ashland Creek watershed. We did not map or discuss any priorities for Neil, Cottonwood, McDonald, Split Rock or Horn Gulch. Perhaps we defer to USFS in those places and expect their proposed action to happen." (Draft response to questions from the USFS, Nov. 3, 2004). "The City of Ashland does not want to unilaterally establish WUI for other communities. USFS can consider the addition of other WUI areas during the development of the final." (AFRCAT meeting notes Nov. 20, 2004); AFLC Recommendation: The AFLC forwards the recommendation of the AFRCAT Technical Team by deferring to the USFS on treatment within the Talent WUI defined by the Forest Service. The following points outline the proposed treatments, stipulations and benefits of treatment in this setting: • No roads will be built • The project thins from below and protects the large, old, and fire resistant trees. • Only trees in excess of snag and down coarse wood needs would be removed. • Long term benefits of restored and more fire-resistant forest stands outweigh short term impact on solitude and aesthetics of the roadless area • Area treated is the lowest elevation part of the roadless area and the ridge over which fire could be delivered from the City of Talent WUI. 3b. Locations and types of treatments in the Roadless Area Concerns have been raised about impacts of treatment on the "roadless" character, which the AFLC understands to mean both lack of roads, wilderness characteristics, opportunity for backcounty recreation and solitude. The Preferred Alternative adds treatment setting in the Talent WUI portion of the roadless area and a strategic ridgeline treatment above Horn Gulch. The Community Alternative also included treatment in the same area, but over fewer acres and not specifically to address fire containment. Ashland Forest Lands Commission Recommendations on the Preferred Alternative 2 AFLC Recommendation: The AFLC recommends accepting the Preferred Alternative for treatments in the Talent WUI, and also recommends that the US Forest Service includes treatments to maintain/promote Cohort 1 pines and larger hardwoods in Community Alternative settings elsewhere in the roadless area (also see bullets under 3a). We also recommend that standard (outside the roadless area) Community Alternative prescriptions are applied in the Talent WUI area. 3c. Removal of diameter limits in the Roadless Area The Community Alternative provides for diameter limited thinning at 7 inches at breast height (dbh) diameter and smaller for the roadless area portion of the project. The Preferred Alternative has no diameter limit, and the Forest Service provides its rationale on rejecting diameter limits (FEIS II- 100-101). AFLC Recommendation: The AFLC accepts the Preferred Alternative elimination of the 7 inch diameter limit in the roadless area within the treatment settings around Horn Gulch/Talent WUI. The AFLC also recommends that thinning is limited to 7" dbh for maintenance of cohort 1 pines and hardwoods elsewhere in the roadless area. 4. Addition of strategic ridgeline treatments & greater canopy closure retention The Preferred Alternative includes the foundation of the Community Alternative, a dispersed, area- wide treatment strategy called the "fuel discontinuity network", and adds treatment area, filling gaps in the network on strategic ridgelines to better "compartmentalize" the landscape, and reduce the potential size of wildfires. The prescription on the north and east setting would remain those of the Community Alternative, but on the south and west slopes, retention of canopy closure would be greater, averaging 60% canopy closure. By leaving greater canopy closure, the USFS intends to maintain higher fuel moistures and reduce understory vegetation response, a phenomenon noted in some areas of the existing "shaded fuel breaks" in the watershed. AFLC Recommendation: The AFLC recommends accepting the Preferred Alternative proposal to include additional settings to create a more consistent treatment area, and maintaining an average 60% canopy closure across the treatment setting on average, while providing for variation in stand density by greater thinning treatment around legacy pine and Douglas fir, and in areas of extreme insect and disease risk (FEIS II-69). And the AFLC encourages restoring greater variability in canopy closure to meet individual site conditions, using the Community Alternative prescription for Cohort 1 trees and larger hardwoods throughout strategic ridgeline settings, with an emphasis on retaining large trees (FEIS II-62). The AFLC recommends that the Community Alternative prescriptions be maintained along strategic ridgelines identified in the Community Alternative treatment settings to provide the ecological restoration needed, particularly where ponderosa pine is prevalent on ridges, and south and west facing aspects. Ashland Forest Lands Commission Recommendations on the Preferred Alternative 3 5. Treatment within Landslide Hazard Zone I (LHZ 1) and slopes >65% The Preferred Alternative proposes 394 acres prescribed fire/surface fuels treatments and 212 acres density management (p. III-68). The AFLC has reservations over treatments within areas of LHZ1, and concerns about reducing effective ground cover. AFLC Recommendation: The AFLC recognizes that some treatments may be beneficial for fire threat abatement in these areas; however, we recommend no treatment in LHZ1 and slopes >65% as originally recommended in the community alternative for these areas outside of the interface. 6. Sedimentation Issue and DEQ TMDL Standards The recent regulatory standards instituted by the Oregon State Department of Environmental Quality (DEQ) for Total Maximum Daily Load (TMDL) of sediment, "is set to natural background or an erosion rate of 3.62 cubic yards per day total for the watershed. No significant increased delivery of sediment to Reeder Reservoir over that which would occur naturally is allowed." AFLC Recommendation: The AFLC endorses the US Forest Service statement that they will comply with the recent DEQ standards, as is required by law. We recommended an implementation protocol on October 10' 2007, and a thorough monitoring plan which was developed by the AFRCAT technical team and included in the City comments on the DEIS. In addition to the DEQ's recommendations for monitoring in West and East Fork Ashland Creek, the AFLC recommends diligent, frequent treatment area monitoring as crucial to elevating the ability to detect and remedy . erosion that could lead to sediment delivery to streams. This approach better ensures compliance with DEQ standards, and provides measures that build trust within the community. The monitoring plan outlined in the FEIS (pp. II-90 to II-95) is a good starting place, but the City, through the liaisons with the US Forest Service, has outlined a detailed notification and monitoring plan to be initiated with implementation (October 10, 2007). It includes all aspects of the project from unit layout and prescription review through effectiveness monitoring; the plan would identify objectives for monitoring, specific items to be monitored, protocols for monitoring, and mechanisms for implementing the monitoring plan as well as mechanisms for changes in prescriptions (adaptive management) if current approaches are not accomplishing objectives. Adherence to this plan is recommended by the AFLC and a cadre of interested citizens is looking forward to collaborating with the Forest Service during the implementation phase of the project; commitments have been made by a volunteer to monitor 75 to 100 acres of treatments within the RNA following this proposal. Ashland Forest Lands Commission Recommendations on the Preferred Alternative 4 CITY OF ASHLAND Council Communication Resolution Relating to the Distribution of Transient Occupancy Tax Revenue Meeting Date: October 7, 2008 Primary Staff Contact: Lee Tuneberg Department: Administration E-Mail: tuneberl@ashland.or.us Secondary Dept.:' None Secondary Contact: Lee Tuneberg Approval: Martha Bennett Estimated Time: 10 minutes Question: Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism and non-tourism purposes for FY 2009-2010 and after? Staff Recommendation: Staff recommends Council pass the resolution updated for the discussion during the study session held October 6, 2008. A draft format is provided as an attachment. Background: Attached is a draft format that is intended to provide the basis for Council approval. The study session scheduled October 6 will provide more finite direction and an updated resolution will be made available at the October 7 meeting if possible.. Interested parties should consult the April 14, June 3, 16, 17, 30 and October 6, 2008 meeting packets and minutes for back ground. Related City Policies: AMC 4.24.020 Council Options: Council can: • Allocate or reallocate the tax revenues as previously discussed, as identified above or as amended through discussion to meet state tourism requirements and to fund needed services in the General Fund. • Reserve or "bank" the additional tax revenues to accomplish specific goals established at a later time. Potential Motions: 1. Move to approve the resolution allocating the TOT revenues as submitted by staff. 2. Move to approve the resolution as amended, allocating TOT revenue per discussion. Attachments: • Draft resolution The council packets from April 15 and June 3, 17 and 30, 2008, are available online. Hard copies are available upon request. Page 1 of 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2007-08. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Budget Committee is attempting to meet by granting money to applicants for: a) Tourism Promotion: 1. Attract someone who travels to Ashland from more than 50 miles away to attend an event. 2. Attract someone who stays the night in Ashland to attend an event. b) Economic Development:. 1. Promote increased number, variety and size of employers. 2. Encourage wages at or above median wage. 3. Promote businesses that employ 5 to 100 people or is locally owned. 4. Encourage use of local resources. 5. Work with Southern Oregon University, especially for international commerce. 6. Encourage businesses that efficiently use water and minimize their impact on the environment such as water and air pollution or creation of toxic waste. c) Cultural Development: 1. Increase the number, variety and size of cultural opportunities in Ashland 2. Support diversification of the local economy 3. Showcases local talent 4. Work with Southern Oregon University on cultural programs SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. The minimum amount to be spent on tourism in FY 2008-2009 is estimated at $392,000 ($217,000 from the original tax and $175,000 from the increase that is effective on 1- 100708 TOT Resolution.res.doc October 1, 2008). The proposed allocation for FY 2008-2009 when the additional tax is Lin effect for only part of the year) is per the attached table. If sufficient TOT proceeds are generated to meet the top three priorities Beginning in Fiscal Year 2009-2010, the City Council will appropriate: 1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% tax rate for tourism promotion per Chapter 818, 2. A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. The amount to be calculated and appropriated for tourism through the budget process with the following percentage distribution: Chamber of Commerce VCB 43% Oregon Shakespeare Festival 23% Economic and Cultural Development Grants - Tourism 21% Public Art 3% Remaining to tourism projects determined in budget process 10% The remaining TOT revenue (not restricted by use) calculated and appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax proceeds remain after meeting tourism requirements: 1st Priority General Fund operations - the greater of 70% of $1,000,000 Unrestricted funds or 2nd Priority City Economic Development program the greater of 10% $150,000 of Unrestricted funds or 3rd Priority Other non-tourism projects determined b Council Remaining Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for Economic granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their full allocation before a lower priority allocation. By January 31 of each year each recipient of a granffreater than $2,500 for non- tourism programs or any amount specifically intended for tourism per this resolution shall submit a report to the city council setting forth how the grant funds received were furtherance of the goals set forth in Section 2.rrant recipients of $2,500 expende in or less for non-tourism programs are required to report its use only when requesting additional money in a subsequent yea SECTION 4. The following guidelines and criteria are established for the Economic and 2- 100708 TOT Resolution.res.doc Cultural Development Grants: a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $2,500. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. Monies granted are intended to be used for programs or services performed or provided within the City of Ashland or immediate areas. SECTION 5. Resolution 2007-08 is repealed upon passage of this resolution. SECTION 6. 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 3- 100708 TOT Resolution.res.doc Attachment: Allocation for FY 2008-2009 only. Table Revised for New Tax 10/1/08 Estimation starting 10/1/08 Staff Recommendation TOTALREVENUE $1,775,000 Subtotal Non Tourism $1,383,000 • General Fund $1,017, 000 • Small Grants $116,006- Chamber Economic Dev. $80,000 • City Economic Dev./Strate icPlannin $170,000 Subtotal tourism $392,000 • VCB rant $225, 000 • OSF $120,000 • Small tourism rants $9,000 • Public Art $9,000 • Qualified city projects $0 • Based upon Council direction $29, 000 4- 100708 TOT Resolution.res.doc CITY OF ASHLAND Council Communication Ordinance Implementing Previously Approved Verde Village Annexation and authorization for Mayor to sign plat to effectuate property line adjustment Meeting Date: October 7, 2008 Primary Staff Contact: Richard Appicello Department: City Attorney E-Mail: appicelr@ashland.or.us Secondary Dept.: Community Dcv.Q) ent Secondary Contact: Bill Molnar Approval: Mar11 Estimated Time: 15 minutes Question(s): Should the City Council conduct and approve First Reading, Declare an Emergency, and Conduct Second Reading of an ordinance titled, "An Ordinance Annexing Property Comprising "Verde Village" and Formally Withdrawing Such Lands from Jackson County Fire District No. 5 and Declaring an Emergency"? or Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance . Annexing Property Comprising "Verde Village" And Formally Withdrawing Such Lands from Jackson . County Fire District No. 5," and move the ordinance on to Second Reading? and Will Council authorize the Mayor to sign the property line adjustment / partition plat map creating by adjustment the individual parcels to be exchanged with the owner of Verde Village, and the affordable housing parcel to be conveyed to RVCDC? Staff Recommendation: Staff recommends adoption of the Ordinance by emergency: i.e. Council approval of First Reading [read in full] declaration of emergency, followed by second reading [by title only] and adoption. Staff further recommends the Mayor be authorized to sign the plat reconfiguring the parcels for the exchange and RVCDC. Background: Two Ordinances are'attached regarding Verde Village. Please choose one: Verde Village Annexation or Verde Village Annexation with Emergency Clause. We have received notice of the Federal Approval of the land exchange for Verde Village. The initial notice was an informal e-mail notification; formal written notification from the National Park Service has been mailed. The receipt of the formal written notification is the trigger to the obligation in the December 2007 Development Agreement for Verde Village for the exchange of deeds within 30 working days. In addition, the trigger frees up certain suspended actions like the ordinance approving the annexation and actual changes to comprehensive plan and zoning maps. Note: the land use approvals involved here are final un-appealed decisions. As staff reviewed with Verde representatives what was necessary to effectuate the land exchange, it was discovered that it is necessary to do a property line adjustment to reconfigure the legal parcel to be Page I r•, CITY OF ASHLAND conveyed to Verde Village from the City. That is, the City's legal parcel is very large and needs to be reduced -by the area to be conveyed to Verde Village. This involves either processing a property line adjustment application at Jackson County prior to annexation or annexing the property and then performing the property line adjustment. There is insufficient time to process a PLA at the County or adopt an ordinance under normal processes (thirty day effective date) within the thirty working day deadline. As you know from the September 16, 2008 City Council meeting, RVCDC desires to acquire the affordable housing parcel of Verde Village property early to solidify their financing. Their parcel does not currently legally exist in the configuration shown on the approved outline plan; accordingly, RVCDC will have to wait for either a final boundary plat creating the phase parcel or complete a property line adjustment to create the parcel from existing parcels. City engineering and planning staff, RVCDC and Verde Village consultants have been working to reconfigure the parcels in a property line adjustment to accommodate the real property exchange as well as the conveyance to RVCDC. The Council authorized the early conveyance of the RVCDC parcel at the September 16, 2008 meeting, subject to compliance with applicable requirements to legally form the parcel. To legally form the exchange parcels and RVCDC property required by the Development Agreement, a Property Line Adjustment / Land Partition Plat must be approved and filed. The formation of parcels by plat follows the annexation of the properties, but must precede the land exchange (conveyance of deeds) and the property transfer to RVCDC. The plat reconfiguring the parcels must be signed by the land owners of all properties involved in the development including the Mayor acting on behalf of the City. Although the final plat is not yet available, if authorized as part of this action, it will be presented for the Mayor's signature subsequent to the effective date of the annexation. If the Council believes that an emergency exists in order to meet the City's prior contractual commitments (Development Agreement for Verde Village) and to implement prior un-appealed land use and land exchange decisions, as well as to facilitate RVCDC's early acquisition of their affordable housing parcel, then the City Council should declare an emergency and enact the ordinance at one meeting. Staff recommends this option because it will facilitate compliance with the City's contractual commitments [deadlines] in the Development Agreement, (and avoid any alleged damages for delay), timely implement the land use and land exchange decisions and allow RVCDC to obtain the property early to maintain their financing. This action also avoids the cost of going through the Jackson County property line adjustment processes. Related City Policies: City Charter, Article 10, Ordinance Adoption Procedure Council Options: (1) Move to approve First Reading, Declare an Emergency, approve Second Reading by Title and adopt the ordinance and authorize Mayor to sign plat. (2) Move to approve First Reading, set Second Reading for October 21, 2008, and authorize the Mayor to sign the plat. Page 2 CITY OF ASHLAND Potential Motions: Staff: [Conduct First Reading of Ordinance in Full] Council: Motion to Declare an Emergency Staff. [Conduct Second Reading by Title only] Council: Motion to approve First Reading, Second Reading and adopt the Ordinance by emergency. Council: Authorize the Mayor to sign the property line adjustment plat to facilitate the exchange and conveyance to RVCDC. Attachments: Proposed ordinances Legal Descriptions Maps Page 3 ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY COMPRISING "VERDE VILLAGE" AND FORMALLY WITHDRAWING SUCH ANNEXED LANDS FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DECLARING AN EMERGENCY WHEREAS, as contemplated in Section 16 and Exhibit E, Special Condition #2 of the December 20, 2007 Development Agreement for Verde Village, between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc., the City of Ashland has received notice of the approval of the real property exchange by County, State and Federal authorities, triggering further actions, including annexation, under the Development Agreement; and WHEREAS, as contemplated and agreed upon in the approved Development Agreement for Verde Village, all owners of the real property described in the attached Exhibit "A1" [as updated and corrected in the survey reflected in Exhibit "A2"] have consented to the annexation of this property to the City of Ashland, in three sequential phases, [as described in the attached Exhibits B, C, and D] as well as consented to the withdrawal of the property from Jackson County Fire District No.5; and WHEREAS, pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on November 20, 2007, at 7:00 p.m., in the City Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of annexation, as proposed in the Development Agreement for Verde Village, as well as the question of withdrawal of the property from Jackson County Fire District No. 5; and WHEREAS, necessary land use approvals were obtained as part of the Ordinance approving the Development Agreement for Verde Village as fully set forth in the record of those proceedings, and such approvals are final un-appealed land use decisions; and WHEREAS, this Ordinance implements the previously approved annexations and fire district withdrawals, and associated land use map and zone changes, which actions were suspended until the occurrence of a condition precedent, the approval of the real property exchange by other agencies; and WHEREAS, there are no electors residing in the property to be annexed. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above findings are true and correct and incorporated herein by this reference. SECTION 2. The land described in the attached Exhibit "B" [Phase 1 of Verde Village] is declared to be annexed to the City of Ashland. Ordinance Annexing Verde Village and Removing said property from Fire District No. 5 page 1 SECTION 3. The land described in the attached Exhibit "B" [Phase 1 of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 4. The land described in the attached Exhibit "C" [City Recreation Tract of Verde Village] is declared to be annexed to the City of Ashland. SECTION 5. The land described in the attached Exhibit "C" [City Recreation Tract of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 6. The land described in the attached Exhibit "D" [Phase 2 of Verde Village] is declared to be annexed to the City of Ashland. SECTION 7. The land described in the attached Exhibit "D" [Phase 2 of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 8. The land described in the attached Exhibit "Al", as said property is shown in the updated and corrected survey reflected in "A2," [which includes all the lands described in Exhibits B, C, and D,] is declared to be annexed to the City of Ashland, as well as withdrawn from Jackson County Fire District No 5., and shall be shown on the Official Comprehensive Plan Map and Official Zoning Map of the City of Ashland [applicable portions attached hereto as Exhibits E and F] as Single Family Residential and Suburban Residential, R-1-3.5, R-1.5 and R-1.7.5, as applicable, as finally approved and as contemplated in the Ordinance approving the Development Agreement for Verde Village. SECTION 9. Emergency / Effective Date. The City Council of the City of Ashland finds that the health, safety and welfare of the City of Ashland, require this ordinance to have immediate effect. Specifically in order for the City to meet its contractual commitments and prior land use approval conditions to timely convey the City property involved in the land exchange to Verde Village, a property line adjustment is required which can be accomplished in time if this ordinance takes immediate effect. Further, creation and conveyance of an affordable housing parcel to RVCDC can also be accomplished in the same process, provided this ordinance takes immediate effect. Therefore, an emergency is hereby declared to exist by unanimous vote of the Council, and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor, except that for consistency with the Ordinance approving the Development Agreement for Verde Village only, and for no other legal purpose, all Sections of this ordinance, excluding Sections 4, 5, 6, 7 and 8 shall be immediately effective after adoption at second reading; Sections 4 and 5 shall be effective one minute after adoption at second reading, and Sections 6, 7 and 8 shall be effective two minutes after adoption at second reading. Ordinance Annexing Verde Village and Removing said property from Fire District No. 5 page 2 SECTION 10. 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 11. 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 1, 9-11) 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 in full and then by title at a single meeting of the Ashland City Council in accordance with Article X, Section 2(B) and 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 Annexing Verde Village and Removing said property from Fire District No. 5 page 3 ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY COMPRISING "VERDE VILLAGE" AND FORMALLY WITHDRAWING SUCH ANNEXED LANDS FROM JACKSON COUNTY FIRE DISTRICT NO. 5 WHEREAS, as contemplated in Section 16 and Exhibit E, Special Condition #2 of the December 20, 2007 Development Agreement for Verde Village, between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc., the City of Ashland has received notice of the approval of the real property exchange by County, State and Federal authorities, triggering further actions, including annexation, under the Development Agreement; and WHEREAS, as contemplated and agreed upon in the approved Development Agreement for Verde Village, all owners of the real property described in the attached Exhibit "A1" [as updated and corrected in the survey reflected in Exhibit "A2"] have consented to the annexation of this property to the City of Ashland, in three sequential phases, [as described in the attached Exhibits B, C, and D] as well as consented to the withdrawal of the property from Jackson County Fire District No.5; and WHEREAS, pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on November 20, 2007, at 7:00 p.m., in the City Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of annexation, as proposed in the Development Agreement for Verde Village, as well as the question of withdrawal of the property from Jackson County Fire District No. 5; and WHEREAS, necessary land use approvals were obtained as part of the Ordinance approving the Development Agreement for Verde Village as fully set forth in the record of those proceedings, and such approvals are final un-appealed land use decisions; and WHEREAS, this Ordinance implements the previously approved annexations and fire district withdrawals, and associated land use map and zone changes, which actions were suspended until the occurrence of a condition precedent, the approval of the real property exchange by other agencies; and WHEREAS, there are no electors residing in the property to be annexed. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above findings are true and correct and incorporated herein by this reference. SECTION 2. The land described in the attached Exhibit "B" [Phase 1 of Verde Village] is declared to be annexed to the City of Ashland. Ordinance Annexing Verde Village and Removing said property from Fire District No. 5 page 1 SECTION 3. The land described in the attached Exhibit "B" [Phase 1 of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 4. The land described in the attached Exhibit "C" [City Recreation Tract of Verde Village] is declared to be annexed to the City of Ashland. SECTION 5. The land described in the attached Exhibit "C" [City Recreation Tract of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 6. The land described in the attached Exhibit "D" [Phase 2 of Verde Village] is declared to be annexed to the City of Ashland. SECTION 7. The land described in the attached Exhibit "D" [Phase 2 of Verde Village] is declared to be withdrawn from Jackson County Fire District No 5. pursuant to the provisions of ORS 222.111. SECTION 8. The land described in the attached Exhibit "Al", as said property is shown in the updated and corrected survey reflected in "A2," [which includes all the lands described in Exhibits B, C, and D,] is declared to be annexed to the City of Ashland, as well as withdrawn from Jackson County Fire District No 5., and shall be shown on the Official Comprehensive Plan Map and Official Zoning Map of the City of Ashland [applicable portions attached hereto as Exhibits E and F] as Single Family Residential and Suburban Residential, R-1-3.5, R-1.5 and R-1.7.5, as applicable, as finally approved and as contemplated in the Ordinance approving the Development Agreement for Verde Village. SECTION 9. Effective Date. For consistency with the Ordinance approving the Development Agreement for Verde Village only, and for no other legal purpose, all Sections of this ordinance, excluding Sections 4, 5, 6, 7 and 8 shall be effective thirty days after adoption at second reading; Sections 4 and 5 shall be effective thirty days and one minute after adoption at second reading, and Sections 6, 7 and 8 shall be effective thirty days and two minutes after adoption at second reading. SECTION 10. 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 11. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "bode", "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 1, 9-11) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance Annexing Verde Village and Removing said property from Fire District No. 5 page 2 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 Annexing Verde Village and Removing said property from Fire District No. 5 page 3 EXHIBIT A-1 TRACT 1 39 IE 04BB, TAX LOT 700 A tract or parcel of land situated in the Northwest Quarter of Section 4, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point which is 356.40 feet West, and South 00° 19'02" West (record is South 000 17' West), 2,006.40 feet from the Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 89" 52'58" West (record is North 89° 55' West), 80.00 feet; thence North 00" 19' 02" East, 17.00 feet (record is 15.53 feet) to the North line of Nevada Street as described in Volume 490, Page 268, Deed Records, Jackson County, Oregon; thence continue North 00" 19'02" East (record is North 0° IT East), along the East line of tract described in Document No. 70-06091, Official Records, Jackson County, Oregon, 163.35 feet to the South line Of the North Half of the Northwest Quarter of said Section 4, being the City Limit line of the City of Ashland, Oregon, and being the Point of Beginning; thence along the easterly line of tract described in Volume 296, Page 362 of said Deed Records, North 03° 30'58" West (record is North 3" 33' West), 446.90 feet to the Northeast comer of said tract; thence North 86° 19' 58" West (record is North 86" 22' West), 388.90 feet to the Northwest comer of said tract; thence along the westerly line of said tract, South 030 09,25" West (record is South 3° 09' West), 471.65 feet to the Northwest comer of tract described in Document No. 73-15364 of said Official Records; thence along the northerly line of said tract, East, 441.49 feet to the Point of Beginning, containing 4.37 acres more or less. August 27, 2007 REG I YTRR ED PROFE,SSIONAI LAND 6VRVEYOR OREGON . vss. Lt TUAM U.AUti .2 GmyN 2 )1 PAGE 1of2 EXHIBIT A-1 TRACT 2 39 lE 04B, TAX LOTS 800, 1100 39 lE 04BB, TAX LOT 800 A tract or parcel of land situated in the Northwest Quarter of Section 4, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point which is 356.40 feet West of the Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence South 00° 19' 16" West, 875.00 feet to the center of Ashland Creek, being the Point of Beginning; thence continue South 000 19' 16" West, 832.83 feet to a point which is East of the Northeast comer of tract described in Document No. 67-04020, Official Records, Jackson County, Oregon, being a 5/8" iron pin with aluminum cap; thence to said Northeast comer and along the North line of said tract, South 89° 59'19" West (record is West), 50.01 feet to the northwest comer thereof; thence along the West line of said tract and it's extension, South 00° 19' 16" West, 118.26 feet to the City Limit line of the City of Ashland, Oregon; thence along said City Limit line, East, 264.09 feet to the center of Ashland Creek; thence along the center of Ashland Creek the following courses and distances; thence North 07° 10' 13" East, 22.19 feet; thence North 25° 08'01" East, 252.62 feet; thence North 00° 23'28" West, 81.44 feet; thence North 18° 54' 37" East, 136.23 feet; thence North 16° 07'50" West, 219.08 feet; thence North 26° 42'09" West, 51.85 feet; thence North 65° 07' 06" West, 44.31 feet; thence North 831 19'34" West, 65.92 feet; thence South 75° 10'41" West, 30.58 feet; thence North 48° 04' 13" West, 78.43 feet; thence North 21° 59'31" West, 66.00 feet; thence North 30° 3729" West, 117.57 feet to the Point of Beginning, containing 6.55 acres more or less. August 27, 2007 eeo147eneo PROFESSIONAL.. LAND SURVEYOR ORgoaepN B ruir M. Mkm L O. /1 3~ O PAGE 2of2 EXHIBIT A-2 ANNEXATION OUTER BOUNDARY DESCRIPTION - A parcel of land, being portions of those certain tracts conveyed in Documents No. 88- 09105 and 82-05694, Official Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point 356.52 feet West (record is 356.40 feet) of the Northwest Comer of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 0° 19' 02" West (record is South 0° 17' 00" West), 875.72 feet to the center of Ashland Creek, being the most northerly comer of said tract described in Document No. 88-09105 and being the Point of Beginning; thence along the center of Ashland Creek the following courses and distances; thence South 300 53'06" East, 116.78 feet; thence South 21° 59'31 " East, 66.00 feet; thence South 48" 04' 1-3" East, 78.43 feet; thence North 750 10'41" East, 30.58 feet; thence South 83° 19'34" East, 65.92 feet; thence South 650 07'06" East, 44.31 feet; thence South 260 42' 09" East, 51.85 feet; thence South 16° 07'50" East, 219.08 feet; thence South 18" 54'37" West, 136.23 feet; thence South 00 23' 16" East, 81.45 feet; thence South 25° 08' 02" West, 252.60 feet; thence South 7" 01' 15" West, 24.91 feet; to the existing northerly City Limit line of the City of Ashland; thence along said northerly line, North 890 48' 54" West, 263.76 feet to the southerly extension of the westerly line of tract described in Document No. 67-04020 of said Official Records; thence along said extension and westerly line, North 0° 19' 02" East, 120.10 feet to the northwest comer thereof; thence along the northerly line of said tract, North 89" 59' 19" East (record is East), 50.00 feet; thence North 0° 19'02" East, 831.89 feet to the Point of Beginning. ALSO: A tract or parcel of land situated in the Northwest Quarter of Section 4, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point which is 356.52 feet West (record is 356.40 feet), and South 00° 19' 02" West, 2,006.77 feet (record is South 00" 17' West, 2,006.40 feet) from the Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 89° 48'54" West (record is North 891 55' West), 80.00 feet; thence North 000 19'02" East, 15.53 feet to the North line of Nevada Street as described in Volume 490, Page 268, Deed Records, Jackson County, Oregon; thence continue North 00" 19'02" East (record is North 0° 17' East), along the East line of tract described in Document No. 70-06091, Official Records, Jackson County, Oregon, 163.36 feet to the South line Of the North Half of the Northwest Quarter of said Section 4, being the current City Limit line of the City of Ashland, Oregon, and being the Point of Beginning; thence along the easterly line of tract described in Volume 296, Page 362 of said Deed Records, North 03° 29'33" West, 448.64 feet (record is North 30 33' West, 446.90') to the Northeast comer of said tract; thence North 86° 20'02" West, 392.28 feet (record is North 86° 22' West, 388.90 feet) to the Northwest comer of said tract; thence along the westerly line of said tract, South 03" 10' 14" West (record is South 3° 09' West), 472.18 feet to the Northwest comer of tract described in Document No. 73-15364 of said Official Records, being the current City Limit line of the City of Ashland; thence along the northerly line of said tract, South 89° 48'54" East (record is East), 444.93 feet to the Point of Beginning. September 23, 2008 R l. 1 8 T E N E D PROFESSIONAL LAND SURVEYOR / -A"- L L UncuON JULY ]6, 1'A) STUART M.OSMUS 24ea EXHIBIT `B' ANNEXATION TRACT A 39 lE 04BB, TAX LOT 700 A tract or parcel of land situated in the Northwest Quarter of Section 4, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point which is 356.52 feet West (record is 356.40 feet), and South 00° 19'02" West, 2,006.77 feet (record is South 00° 17' West, 2,006.40 feet) from the Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 89° 48'54" West (record is North 89° 55' West), 80.00 feet; thence North 00° 19' 02" East, 15.53 feet to the North line of Nevada Street as described in Volume 490, Page 268, Deed Records, Jackson County, Oregon; thence continue North 00° 19'02" East (record is North 0° 17' East), along the East line of tract described in Document No. 70-06091, Official Records, Jackson County, Oregon, 163.36 feet to the South line Of the North Half of the Northwest Quarter of said Section 4, being the current City Limit line of the City of Ashland, Oregon, and being the Point of Beginning; thence along the easterly line of tract described in Volume 296, Page 362 of said Deed Records, North 03° 29'3311 West, 448.64 feet (record is North 3° 33' West, 446.90') to the Northeast comer of said tract; thence North 860 20'02" West, 392.28 feet (record is North 86° 22' West, 388.90 feet) to the Northwest comer of said tract; thence along the westerly line of said tract, South 03" 10' 14" West (record is South 3° 09' West), 472.18 feet to the Northwest comer of tract described in Document No. 73-15364 of said Official Records, being the current City Limit line of the City of Ashland; thence along the northerly line of said tract, South 89° 48' 54" East (record is East), 444.93 feet to the Point of Beginning, containing 4.41 acres more or less. September 23, 2008 Rr~iereN.o PROFESSIONAt_ LAND SURVEYOR OREGON JULY Ie. i STUART M.O US 4493 /G EXHIBIT 'C' ANNEXATION TRACT B (A PORTION OF) 39 lE 04B, TAX LOT 800 A parcel of land, being a portion of that certain tract conveyed in Document No. 88- 09105, Official Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at a,point 356.52 feet West (record is 356.40 feet) of the Northwest Comer of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 0° 19'02" West (record is South 0° 1T 00" West), 875.72 feet to the center of Ashland Creek, being the most northerly corner of said tract described in Document No. 88-09105 and being the Point of Beginning; thence along the center of Ashland Creek the following courses and distances; thence South 301 53'06" East, 116.78 feet; thence South 21° 59'31" East, 66.00 feet; thence South 481 04' 13" East, 78.43 feet; thence North 75° 10'4111 East, 30.58 feet; thence South 83° 19' 34" East, 65.92 feet; thence South 65° 07'06" East, 44.31 feet; thence South 26° 42'09" East, 51.85 feet; thence South 16° 07'50" East, 219.08 feet; thence South 18° 54' 37" West, 136.23 feet; thence South 0° 23' 16" East, 81.45 feet; thence South 25° 08' 02" West, 252.60 feet; thence South 7° 01' 15" West, 24.91 feet; to the existing northerly City Limit line of the City of Ashland; thence along said northerly line, North 890 48'54" West, 68.14 feet; thence leaving said northerly line, North 18° 55' 53" East, 85.54 feet; thence 86.68 feet along the arc of a curve to the right, having a radius of 240.00 feet, a central angle of 20° 41'39", and a long chord which bears North 29° 16'42" East, 86.21 feet; thence 58.21 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 70° 57'55", and a long chord which bears North 4° 08' 34" East, 54.56 feet; thence 62.30 feet along the arc of a curve to the right, having a radius of 60.00 feet, a central angle of 59° 29' 18" and a long chord which bears North 10 35'45" West, 59.54 feet; thence North 23° 25'07" East, 98.95 feet; thence North 18° 41' 20" East, 63.29 feet; thence 68.34 feet along the arc of a curve to the left, having a radius of 110.00 feet, a central angle of 35° 35'55", and a long chord which bears North 0° 53'2211 East, 67.25 feet; thence North 16° 54'36" West, 16.05 feet; thence 89.27 feet along the arc of a curve to the left, having a radius of 125.00 feet, a central angle of 40° 54'59" and a long chord which bears North 37° 22'05" West, 87.38 feet; thence North 57° 49'35" West, 20.20 feet; thence 23.11 feet along the arc of a curve to the left, having a radius of 50.00 feet, a central angle of 26° 28'49", and a long chord which bears North 71° 03' 59" West, 22.90 feet; thence North 84° 18'24" West, 19.25 feet; thence 38.87 feet along the arc of a curve to the left, having a radius of 125.00 feet, a central angle of 17° 48' 57", and a long chord which bears South 86° 47'07" West, 38.71 feet; thence 49.80 feet along the are of a curve to the right, having a radius of 245.00 feet, a central angle of 11° 38' 50", and a long chord which bears South 83° 42' 04" West, 49.72 feet; thence South 89° 31' 29" West, 54.15 feet; thence South 30 26' 59" East, 34.10 feet; thence South 84° 03'01" West, 19.74 feet to the easterly line of tract described in Document No. 77-13324 of said Official Records; thence along said easterly line, North 00 19' 02" East, 403.84 feet to the Point of Beginning, containing 2.47 acres more or less. September 23, 2008 R E s i S T E R E D PROFESSIONAL LAND SURVEYOR OREGON . y25. row STUART M. OSMUS o. 2421 r~ EXHIBIT 'D' ANNEXATION TRACT C (A PORTION OF) 39 lE 04B, TAX LOT 800 AND 39 lE 04B, TAX LOT 1100 39 lE 04BB, TAX LOT 800 A tract or parcel of land situated in the Northwest Quarter of Section 4, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point which is 356.52 feet (record is 356.40 feet) West of the Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence South 0° 19' 02" West, 875.72 feet to the center of Ashland Creek, thence continue South 0° 19' 02" West, 403.84 feet to the Point of Beginning; thence continue South 001 19' 02" West, 428.05 feet to the Northeast comer of tract described in Document No. 67-04020, Official Records, Jackson County, Oregon, being a 5/8" iron pin with aluminum cap; thence along the North line of said tract, South 890 59'19" West (record is West), 50.00 feet to the northwest comer thereof; thence along the West line of said tract and it's extension, South 00° 19'02" West, 120.10 feet to the northerly City Limit line of the City of Ashland, Oregon; thence along said northerly line, South 89° 48' 54" East, 195.62 feet; thence leaving said northerly line, North 18° 55'53" East, 85.54 feet; thence 86.68 feet along the arc of a curve to the right, having a radius of 240.00 feet, a central angle of 20° 41'39", and a long chord which bears North 29° 16'42" East, 86.21 feet; thence 58.21 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 70° 5755", and a long chord which bears North 4° 08'34" East, 54.56 feet; thence 62.30 feet along the arc of a curve to the right, having a radius of 60.00 feet, a central angle of 59° 29' 18" and a long chord which bears North 1 ° 35'45" West, 59.54 feet; thence North 23° 25'07" East, 98.95 feet; thence North 18° 41'20" East, 63.29 feet; thence 68.34 feet along the are of a curve to the left, having a radius of 110.00 feet, a central angle of 35° 35'55", and a long chord which bears North 0° 53'22" East, 67.25 feet; thence North 16° 54'36" West, 16.05 feet; thence 89.27 feet along the arc of a curve to the left, having a radius of 125.00 feet, a central angle of 40° 54' 59" and a long chord which bears North 37° 22' 05" West, 87.38 feet; thence North 57° 49'35" West, 20.20 feet; thence 23.11 feet along the arc of a curve to the left, having a radius of 50.00 feet, a central angle of 26° 28'49", and a long chord which bears North 71 ° 03'59" West, 22.90 feet; thence North 84° 18'24" West, 19.25 feet; thence 38.87 feet along the are of a curve to the left, having a radius of 125.00 feet, a central angle of 17° 48'57", and a long chord which bears South 86° 47'07" West, 38.71 feet; thence 49.80 feet along the are of a curve to the right, having a radius of 245.00 feet, a central angle of 11° 38' 50", and a long chord which bears South 83° 42'04" West, 49.72 feet; thence South 89° 31'29" West, 54.15 feet; thence South V 26'59" East, 34.10 feet; thence South 84° 03' 01" West, 19.74 feet to the easterly line of tract described in Document No. 77-13324 of said Official Records, being the Point of Beginning, containing 3.17 acres more or less. September 23, 2008 R Ef, ASTER ED PROFESSIONAL LAND SURVEYOR -6- OREGON JMY Ye. 1w STUART M. OSMUS No. 2 eve.. ii•Si-og . ~~.~-£-$s_~ III w ALMEDA DR I ~ Q i v) I ~ tF O Suburban f?esidenfial i j II W NEVADA ST E NEVADA ST ~I zi Q L - RANDY ST EXHIBIT E: Comprehensive Plan Map Amendment as approved in the Verde Village Development Agreement, Ordinance 2945 September 30, 2008 ( 1 4 4~'.3r~~~4}jyE M mi~g t r 1 S i I^ pu~i k tD' ErC , ~ f _ ALMED DAALMED DA R - +T? a' IE3~jk iui M~' I S~'~~~p'{Ia r~ f~ .I' =qua Fi" >i3R 1 35 Q i yy '3 ~~i ~ a3 a ~ O 3 d5s! 3 333 ! t k is j, i W NEVADA ST E NEVADA ST Z 'Q I= RANDY ST EXHIBIT F: Zoning Map Amendment as approved in the Verde Village Agreement, Ordinance 2945 September 30, 2008 CITY OF ASHLAND Council Communication Parking Ordinance Amendments: Second Reading Meeting Date: October 7, 2008 Primary Staff Contact: Richard Appicello Department: City Attorney's Offi E-Mail: Appicelr9ashland.or.us Secondary Dept.: Public Works Secondary Contact: Megan Thornton Approval: Martha Benne Estimated Time: 5 minutes Question: Should the City Council conduct and approve Second 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"? Staff Recommendation: Staff recommends Council approval of Second Reading by title only and adoption of the Ordinance. Background: The First Reading of this Ordinance was completed on September 16, 2008. The Council accepted changes set forth in the Legal memo with some minor modifications. All changes directed at the September 16, 2008 meeting have been made to the ordinance. The changed sections will be read prior to Second Reading. Related City Policies: City Charter Article 10, Ordinance adoption provisions Council Options: (1) Move to approve Second Reading and approve adoption of the ordinance. (2) Postpone consideration. Potential Motions: Staff: [Read changes provisions - e.g. tables added at last meeting] [Conduct Second Reading of Ordinance by Title only] Council: Motion to approve Second Reading and approve adoption of Ordinance, as amended. Attachments: (1) Proposed ordinance Page I: 10-07-08 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 d 'mss 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 downtown business owners have stated through the 2008 Downtown Task Force that employee parking restrictions are causing them hardship and requested that the City remove these restrictions; and WHEREAS, the City agrees 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 surre-unded by StFeets and etheF 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: Ordinance Amending AMC Parking Regulations: Second Reading 10-07-08 Page 1 of 7 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. 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 non-cumulative Penalt Table' Da 7a`fter thTdu'e date P ne al 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. 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. Ordinance Amending AMC Parking Regulations: Second Reading 10-07-08 Page 2 of 7 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 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 adjacent to a construction, project or mob 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 Parkin Violation - Prohibition Penalties A parking inffastien 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 inffastkm 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 in#fastions violations; immobilization, towing, and show cause and warrants of arrest Fnay not suffeF any disability OF legal disadvantage based upon Genvintion of a , GFiFne, and, the penalty shall be limited tn a finp nnt to exGeed $150. ' GalendaF yeaF shall pay an additional fine of $25 and a peFSGR who GoMFRits five OF MQFe paFking infraGtiens in any Galendar- year shall pay an add-itinnal fine of $50 in the trial of a peFSOR 'charge t with a arLing iRfra Gtion either Ordinance Amending AMC Parking Regulations: Second Reading 10-07-08 Page 3 of 7 the defendant nGF the City of Ashland shall be entitled to tFial by jury. if a- . A. Fine. Fines shall include the original ticketed amount as well as anv 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 parking violation they receive in that year. Multiple Violation Penalties* Nuinti6~e;rofiviol'afions B AdtlitionallPenal " 3 violations 25.00 4 violations 25.00 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. 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 any 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 Ordinance Amending AMC Parking Regulations: Second Reading 10-07-08 Page 4 of 7 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. 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 Ordinance Amending AMC Parking Regulations: Second Reading 10-07-09 Page 5 of 7 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 longeF peFiod of time on the spaGes presently designated as employee parking sgases. 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. The Fneving of a shin's,..ifhin + blank shall not he dee Feed ...tend the peFrAissible time for paFking it there No person shall move and re-park 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 amend ment/repea1, 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, Ordinance Amending AMC Parking Regulations: Second Reading 10-07-08 Page 6 of 7 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: Second Reading 10-07-08 Page 7 of7 CITY OF ASHLAND Council Communication Affordable Housing Trust Fund Ordinance (AHTF) Meeting Date: October 7, 2008 Primary Staff Contact; Brandon Goldman Department: Community Development E-Mail: goldmanb@ashland.or.us Secondary Depts.: Legal Department Secondary Contact: Bill, Molnar Finance Departm t billnashland. or.us Approval: Martha Bennet Estimated Time: 45 minutes Questions: Should the Council approve second reading of an ordinance titled, "An Ordinance Amending Ashland Municipal Code, Adding a New Chapter 4.36, Providing for the Establishment of an Affordable Housing Trust Fund? Recommendations: The Housing Commission unanimously supports approval of the proposed Ordinance creating the Affordable Housing Trust Fund (AHTF). Staff recommends approval of the Ordinance. Background: The development of the Affordable Housing Trust Fund (AHTF) Ordinance 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 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. See the September 16, 2008 Council Communication for further background details. 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. Potential Motions: I move to approve second 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. Attachments: • Ordinance providing for the establishment of the Affordable Housing Trust Fund EL, 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 dalet'A s 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 Citv 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: Chapter 4.36 AFFORDABLE HOUSING TRUST FUND Section 4.36.010 Purpose Section 4.36.020 Definitions Section 4.36.030 Dedication of Revenue Page 1 of 3 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 project 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 primarily for 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 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 I Use of Funds Page 2 of 3 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, 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 Page 3 of 3 CITY OF ASHLAND Council Communication Irrigations Systems Ordinance Amendment: AMC 15.16.170 Meeting Date: October 7, 2008 Primary Staff Contact: Mike Faught Department: City Attorney's Office E-Mail: faughtm@ashland.or.us Secondary Dept.: Public Workj] Secondary Contact: Megan Thornton Approval: Martha Benne I n/ Estimated Time: 10 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance titled, "And Ordinance relating to irrigation systems, providing a penalty, and amending AMC Section 15.16.170"? Staff Recommendation: Staff recommends Council approval of Second Reading by title only. 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 Second Reading. (2) Postpone consideration. Potential Motions: Motion to approve Second Reading. Attachments: Proposed ordinance Page 1 of I ORDINANCE NO. AN ORDINANCE RELATING TO IRRIGATION SYSTEMS, PROVIDING A PENALTY, AND AMENDING AMC SECTION 15.16.170. Annotated to show's et'GRs and additions to the code sections being modified. Deletions are bold lined 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 er-s Irrigation System - Cross connections A Lawn °^F°^k'°r° Irrigation System. When a lawn °^F'^L'i^^ an irrigation system is connected to a domestic or-water supply there shall be a valve placed so it will shut off the entire sprinkler irrigation system and a double check valve assembly shall be varuuFn breaker 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 AShipletD\Council\Council Communication\2008\October 6 and 7\100708 Irrigation Systems.Ord.doc Page t of 2 1 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 H:\ShipletD\Council\Council Communication\2008\0ctober 6 and 7\100708 Irrigation Systems.Ord.doc Page 2 of 2 CITY OF ASHLAND Council Communication Water Regulation and Cross Connection Codification / Repeal Meeting Date: October 7, 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 Berm Estimated Time: 10 minutes Question: Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance relating to water regulations and cross connection, and repealing Ordinance 2773"? Staff Recommendation: Staff recommends Council approval of Second Reading by title only. 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. 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 Page 1 oft CITY OF ASHLAND 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 fo 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 Second Reading. (2) Postpone consideration. Potential Motions: Motion to approve Second Reading. Attachments: ■ Proposed ordinance • Ordinance 2773 Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE RELATING TO WATER REGULATION AND CROSS CONNECTION, AND REPEALING ORDINANCE 2773. Annotated to show dpipt'o. s 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 supply 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 jumper 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. Q. 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 svstem.)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. CCC. 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 y installed between the water main and the customer's propert 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 connection or water meter. The Customer will pay 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 13/4") 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 property 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 pay 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 joint 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 hvdrants 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 Adiustments. 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 written request by the customer, may make an adjustment to the water service charge. The adiustment shall be based on previous years usage for the same billing period. Adjustments 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. & 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 City certifled 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 We 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 Citv water service connection. Alternate locations must be approved by the Director or designee prior to installation. Cross Connection Codification and Repeal Ordinance 2773 Page 1 I 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 V. 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 amend ment/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 12008. 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. 773 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 with Article X, Section 2(C) of the City Charter on the day of fiatzbey- 1995, and duly PASSED and ADOPTED this day of ~(1]~1X {Jt i 1995. dZtttc~ ,cv Barbara Christensen, City Recorder ~o SIGNED and APPROVED this ~ day of 1995. Catherine M. Golden, Mayor Approved as to form: 64-4 ~ X&- . Paul Nolte, City.Attorney PAGE 1 - ORDINANCE (,:wdlwe -ner.ord) CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS WATER REGULATIONS EXHIBIT "A" TO ORDINANCE I7.3 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 (p:h20,e ...r2) 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 1p:h20regs or2l 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 Environmenfal Quality. PAGE 3 - WATER REGULATIONS mhzo,aa..o,zi TEMPORARY SERVICE CONNECTION: A service connection installed for circuses, bazaars, fairs, construction work or similar short term 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. (3/s") inside diameter. Diameter of water service line shall not be less than diameter of water supply line. PAGE 4 - WATER REGULATIONS IP'h20,.g...,Z 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 (3/4 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 served 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 (P:h20,.g..,21 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 (p:h20,.g...,2) 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%g 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 wader 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 Backflow 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 (p:h20regs.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 ii>a zo.ras 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 most 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 Backflow prevention assemblies shall be approved by the State of Oregon Health Division and City. PAGE 10 - WATER REGULATIONS ip:n20,ea..o,2i 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 21/2 " 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 p:h20regs.or21 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 ATTACHMEN'T'S 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..,21 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 lp:h20,eg,.,21 CITY OF ASHLAND Council Communication First Reading of two Ordinances Amending the Annexation Chapter (18.106) and Procedures Chapter (18.108) of the Ashland Land Use Code Concerning Affordable Housing Standards Meeting Date: October 7, 2008 Primary Staff Contact: Brandon Goldman Department: Community Develop ent E-Mail: goldmanb@ashland.or.us Secondary Depts.: Legal Department Secondary Contact: Bill Molnar Approval: Martha Bennett Estimated Time: 45 minutes i Questions: Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning Affordable Housing Standards for Annexation," and move the ordinance on to Second Reading? and Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the Ashland Land Use Ordinance Type III Procedures Chapter (AMC 18.108.060) Concerning General Standards for Affordable Housing in Zone Changes," and move the ordinance on to Second Reading? Recommendations: The Planning and Housing Commissions unanimously support approval of the proposed Ordinance amendments as proposed. Staff recommends approval of the amendments to the Ordinances as proposed. Background: Revisions to the existing ordinances have been proposed to ensure the provision of affordable housing is both timely and equitable. The issues addressed in the proposed amendments include: • Percentage of affordability • Land Dedication • Construction Timing • Distribution of Affordable Housing • Construction Standards It is important to note that the purpose behind amending the annexation ordinance, and the procedures relating to Zone Changes, at this time has been limited to addressing those provisions specifically relating to affordable housing to better reflect policy objectives for affordable and workforce housing. Through implementation of these proposed affordable housing provisions the City can exercise a means of ensuring residential property newly brought into the City Limits through annexation, or receiving an increase in residential density through a Zone Change, provide for the needed housing types at price ranges and rent levels that are commensurate with the financial capabilities of Ashland Page I of 4 CITY OF ASHLAND residents. A detailed summary of each of the proposed changes is provided as an attachment to this Communication. The State of Oregon presently has a prohibition on "inclusionary zoning" which prohibits a city, county or metropolitan service district from imposing requirements that establish sales prices for housing or limits availability of housing unit or residential lot or parcel to class or group of purchasers. However, establishing affordability targets for applicants exercising the voluntary act of requesting an annexation or a zone change is not the same as imposing such requirements on land developed according to its present zone. Receiving a zone change or annexation approval that allows for considerably more residential density than would be permitted at the present zone, or county designation, imparts considerable value to a property. In consideration of this substantial increase in residential density granted as part of the annexation or zone change process Ashland has previously implemented such affordability targets as minimum standards for approval. The ordinance amendments currently proposed aim to refine those existing standards to clarify expectations for developers and the City in reviewing Planning Applications. The amendments in the proposed ordinance further refine the requirements in keeping with the primary goal to provide a variety of dwelling types housing opportunities are available for the total cross- section of Ashland's population. Public Involvement History Planning Commission Review The Planning Commission reviewed the draft ordinance at a study session on August 12, 2008 and discussed specific provisions they would like to see included or eliminated from the final draft. These items included: • Removed the originally proposed section on Cash-in Lieu fees • Ensure affordable units are provided in a proportionate housing type mix to the market rate units. • Ensure affordable housing units are developed with comparable building materials and amenities to the market rate units. • Removed "rental units" targeted to households eaming 80% the Area Median Income (AMI) from qualifying as affordable per the equivalency value section of the proposed ordinance (18106.030 GI) The draft ordinance currently presented to Council for First Reading includes addresses the items listed above with language reviewed and recommended by the Planning and Housing Commissions. The Planning Commission previously reviewed drafts of the ordinance throughout its development beginning with initial discussions in 2006, with further reviews at public meetings on 3/27/ 2007, 6/24/2008 and concluded their review on 8/12/08. Page 2 of 4 CITY OF ASHLAND Housing Commission Review The Housing Commission reviewed the draft ordinance on July 24'h'2008, following a previous public meeting on February, 28'h 2008 on the topic. The Housing Commission began the process of reviewing the existing ordinance and identifying areas to be amended as early as April 24, 2006. The Housing Commission expressed that the newly proposed approval standard requiring a commensurate mix of housing types was a positive modification to the proposed ordinance. In discussing the provision regarding comparable building materials the Housing Commission expressed that the exterior of the affordable units should use the same finishes and quality of materials as is provided on the market rate units. However, in discussing the interior surfaces, floors, counters, appliances, it was expressed that provided that such materials afford comparable utility, they need not be the same as those installed within market rate units. Therefore the proposed ordinance under section 18.106.030G6a-b addresses this distinction. The Housing Commission was favorable to the elimination of the Cash-in-Lieu provisions originally considered, which have been removed in their entirety from the proposed ordinance. The Housing Commission expressed that in the event the City ever establishes a Cash-in-Lieu program in the future, the annexation ordinance could be amended at that time to incorporate such a section. In discussing the proposed approval standard establishing an "equivalency value" for affordable housing units (I 8.106.030G1) the Housing Commission, like the Planning Commission, was supportive of this means of providing greater flexibility in the mix of income levels targeted by a development. The Housing Commission had recommended that rental units meeting the affordability standard for the purposes of this ordinance be limited to households earning 60%AMI. This was consistent with the Planning Commission recommendations and as such the Ordinance presented to Council for consideration reflects this change. Related City Policies and Ordinances: Goal 10 of Oregon's Statewide Planning Goals & Guidelines (OAR 660-015-0000(10)) Under Goal 10 jurisdictions are charged to encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. City of Ashland Comprehensive Plan's Housing Element The Housing Element establishes the goal of ensuring that "a variety of dwelling types housing opportunities are available for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the City." City of Ashland Housing Needs Analysis The need for a variety of housing types that are financially attainable by various income levels is further substantiated in the Housing Needs Analysis completed in 2002. Specifically this analysis provided an estimate of housing affordability and dwelling unit gap (Table B12) which indicated that for virtually all income levels for households earning less than 120% the Area Median there was at that time a deficit of housing units that were affordable. Given market conditions since 2002, where housing prices have increased considerably and yet incomes have remained relatively flat, this unit gap deficit has been further exacerbated. Page 3 of 4 CITY OF ASHLAND Annexation Ordinance (ALUO 18.106) as adopted and modified in 1997 and 2002 With the adoption of modifications to the Annexation Ordinance in 1997 (Ordinance 2792) the City of Ashland established 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, that it was necessary to establish approval standards for annexations that included a percentage of affordable housing be provided in new developments annexed into the City. This ordinance was further amended in 2002 to allow for a mix of affordability levels ranging from 80%AMI to 120%AMI. Council Options: Two separate Ordinances are proposed. The City Council can approve, amend or deny either of the proposed Ordinances. Potential Motions: I move to approve first reading of an Ordinance amending the Ashland Land Use Ordinance Chapter (18.106.030) concerning Affordable Housing Standards for Annexation, and schedule second reading of the Ordinance for October 21, 2008. I move to approve first reading of an Ordinance amending the Ashland Land Use Ordinance Type III Procedures Chapter (18.108.60) concerning general standards for Affordable Housing in Zone Changes, and schedule second reading of the Ordinance for October 21, 2008. Attachments: • Memo: Summary of Annexation Amendments • Ordinance amending the Ashland Land Use Ordinance Chapter (18.106.030) concerning Affordable Housing Standards for Annexation • Ordinance amending the Ashland Land Use Ordinance Type III Procedures Chapter (18.108.60) concerning general standards for Affordable Housing in Zone Changes • Excerpts from recent Housing and Planning Commission Meeting minutes: • Planning Commission 8/12/208, 6/24/08,3/27/07 • Housing Commission 7/24/08, 2/28/08, 2/24/06 Page 4 of 4 CITY OF ASHLAND Memo TO: City Council Title: Summary of Annexation Ordinance Amendments Date: October 7th 2008 Submitted By: Brandon Goldman, Senior Planner The following describes the history and purpose of the Amendments proposed and incorporated into the Draft Ordinance relating to the Annexations and Zone Changes . The existing Annexation ordinance achieves the primary goal in this regard and is seen as a model that other communities in the state have examined in their efforts to address the increasing lack of housing affordability. However experience in application with any ordinance functions to highlight areas that could be adjusted to better suit the intentions of the community. Prior to 2003 the annexation ordinance required that 25%a of the units be affordable but did not establish a period of affordability and established that covered affordable housing units (25% of the base density) were all targeted to households at the 120% Area Median Income level. In 2003 the ordinance was further amended to provide a range of income levels that could be targeted with the affordable units from 60%AMI to 120%AMI. This menu of options for satisfying the affordability provision provided an incentive for a developer to provide units to lower income ranges as the number of units to be provided was also a sliding scale based on income level: 60% AMI 80% AMI 100% AMI 120% AMI 15% 20% 25% 35% The 2003 revisions established a 60 year period of affordability in an effort to retain covered units as affordable as long term affordable housing and address a failing that had allowed units that were annexed under the prior code to be annexed as affordable and immediately convert to market rate units. Additionally the 2003 revisions allowed for the dedication of a sufficient amount of land to be transferred to a non-profit or community development corporation to be a means of satisfying the annexation requirement relating to provision of affordable housing. ~r, Since 2003 with a number of applications for annexation and zone changes processed, potential refinements to the existing ordinance's approval standards relating to the provision of affordable housing have been identified. Proposed code amendments are presented to address these identified issues: • Percentage of affordability • Land Dedication • Construction Standards • Construction Timing • Distribution of Affordable Housing Percentage of affordability Issue: As mentioned previously the existing ordinances do provide a menu of options to meet the affordability standards, yet as crafted they can only be applied by selecting a target income range and providing all required affordable units in that specific range. For instance, an application for annexation could not propose to provide some units to very low-income households, some to low income households and some to moderate or median income households in an effort to develop a mixed income project and meet the ridged percent allocation standards in the current ordinance. Additionally, both the Planning and Housing Commission discussed whether units qualifying as required affordable units at specific income levels should include ownership and/or rentals. Ultimately it was the position of both Commissions that only units targeted to households earning less than 60% the area median income should qualify if they are rental units. The proposed ordinance amendments reflect this distinction. In aiming to address this desire for flexibility in targeting various incomes the idea of establishing an equivalency value to a unit provided at a particular income range has been devised. This would allow an applicant to provide a mix ofhousing targeted to households earning 60%, 80%, 100%, and 120% of the area median income. Proposed Language: 18.106.030 (G1) (1) The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25% of the base density as calculated using the unit equivalency values set forth herein: a. Ownership units restricted to households earning at or below 120% the area median income shall have an equivalency value of 0.75 unit b. Ownership units restricted to households earning at or below 100% the area median income shall have an equivalency value of 1.0 unit. c. Ownership units restricted to households earning at or below 80% the area median income shall have an equivalency value of 1.25 unit. d. Ownership or rental units restricted to households earning at or below 60% the area median income shall have an equivalency value of 1.5 unit, or, The above code language can be directly compared to the existing ordinance in the table on the next page, assuming a developer chooses to provide all affordable units at one specific income level. C Existing Ordinances Proposed Remedy 100 unit annexation or zone- 100 unit annexation or zone-change with 25 change with 15-35% of the units "Equivalency units" required to be affordable. required to be affordable 120%AMI = 0.75 unit (ownership only) depending on income range 100% AMI unit or greater= 1 unit (ownership targeted as required under the only) current ordinance. 61- 80% AMI unit = .1.25 units (ownership only) 60% AN or less = 1.5 units. 120%AMI 35 33 100%AMI 25 25 80%AMI 20 20 60%AMI 15 17 Land Dedication Issue: Currently Ashland's Annexation requirements do allow the potential to satisfy the affordability requirements if a developer transfers land to a non-profit affordable Housing provider. The land needs to have infrastructure in place for future development. This method of satisfying the affordability requirement has merit as many for-profit developers have little experience in developing affordable housing and as such providing the set aside land (consistent with any scattering requirements) is a method they can choose to move forward with a development. However, if changes to the ordinance discussed previously are incorporated that address distribution of affordable units, construction timing, and construction standards, it would be necessary to modify the land dedication section accordingly. There may be circumstances in which the Planning Commission and City Council would wish to retain some measure flexibility to entertain an alternative offer of land that may ultimately succeed in the provision of more affordable housing than would otherwise be expected on the specific development site. For example an annexation of a 12 unit development may provide 3 affordable units onsite, however if the applicant proposed to dedicate alternative property that could accommodate 6 affordable units this option may be something to consider. Exceptions identified the proposed ordinance (18.106.030H) contain standards that outline areas in which the City would entertain deviations from proposed standards as a means of retaining such flexibility. Proposed Language: 18.106.030(G2) 2) As alternative to providing affordable units per section 18.106.030(G)(1) the applicant may provide Title to a sufficient amount of buildable land for development through transfer to a non-profit (IRC 501(3)(c)) affordable housing developer or public corporation created under ORS 456.055 to 456.235 for the purpose of complying with subsection 18.106.030(G)(1)(b). a. The land to be transferred shall be located within the project meeting the standards set forth in 18.106.030(G)4, 18.106.030(G)5 and 18.106.030(G)6 b. All needed public facilities shall be extended to the area or areas proposed for transfer. c. Prior to commencement of the project, Title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non -profit 501(C)(3) organization, or public corporation created under ORS 456.055 to 456.235, d. The land to be transferred shall be deed restricted to comply with Ashland's affordable housing program requirements. Construction Standards Issue: Without clear standards there has been concern that a developer may technically provide the minimum number of affordable units as required, but could build them both with lesser materials and at a smaller size to dramatically reduce development costs. For example, under the current ordinance a developer could propose a development in which all the market rate units are 3 bedroom detached single family homes and yet the required affordable units are all proposed as 400 square foot one-bedroom apartments. In such a scenario the affordable units would be clearly distinguishable from market rate units, provide very small living areas for the occupants, and face increased maintenance and utility costs when compared to the market rate units developed in the project. To ensure that units which are developed in accordance with Ashland's affordable housing program through Annexations or Zone Changes meet a minimum standard of both space and quality of construction, amendments to the approval standards aim to: • Establish minimum space requirements • Require the affordable units and market rate units are comparable in terms of number of bedrooms • Require affordable units are of the same housing type(s) within the full project • Require that affordable units are built with equivalent materials and design to market rate units. For a clear and objective standard, and consistency in state funding opportunities, it was initially recommended that the ordinance reference the limits established limits from the State of Oregon Home Program in the table below: Unit Size Studi One Two Three Four o bedroom bedroom bedroom bedroom Min. sq. ft. 350 600 800 1000 1250 Upon review by the Housing and Planning Commissions it was found that although the State Limits are acceptable in most circumstances, Ashland's land use code currently allows for a reduction in both density calculations and minimum parking requirements for units less than 500 square feet in size. To allow for projects to take advantage of these provisions it is now recommended that the minimum size for a one bedroom units be reduced to 500sq.ft, instead of the 600sq.ft. minimum under the State program. Therefore the table presented in the proposed ordinance section 18.106.030.3 is consistent with the State of Oregon Home Program with the notable exception of 500sq.ft. minimum allowable for one bedroom units.. Concern that had been raised regarding building materials used in constructing the affordable units is now addressed in section 18.106.030G6 within the proposed ordinance. Distinguishing between external and internal building materials and comparable features these newly added sections aim to ensure that the affordable units are visually compatible with the market rate units utilizing external finishes that are substantially the same as those used upon market rate units within the development. Further the amended ordinance would require that affordable units could use different materials internally provided they are comparable to those used in market rate units within the development. Specifically the proposed language includes a provision requiring comparability in terms of energy efficiency. Proposed Language: 18.106.030(G3) Comparable Bedroom Mix, Unit Size, and Housing Unit Types section: 3) The affordable units shall be comparable in bedroom mix and housing type with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable Units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the market-rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market-rate Units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 1. Table 1 Unit Type Minimum Required Unit Floor Area (Square Feet Studio 350 1 Bedroom 500 2 Bedroom 800 3 Bedroom 1,000 4 Bedroom 1,250 b. The required on-site affordable units shall be comprised of the different unit types in the same proportion as the market dwelling units within the development. 18.106.030(G6) Comparable Building Materials Section: 6) That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable units in any residential development shall be visually compatible with the market-rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market-rate units Ir, b. Affordable units may differ from market-rate units with regard to interior finishes and materials provided that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. Construction Timing Issue: Under the existing ordinance there is no established criteria that addresses how a project is to be phased, specifically identifying at which point affordable housing units are constructed relative to the market rate units within the development. Without such an explicit standard the Planning Commission and City Council have in the past added an explicit condition of approval on individual planning applications to ensure the affordable housing was metered in along with the market rate housing being developed. Having new language expressing this standard in the Land Use Code will allow developers to better anticipate such a requirement and plan their projects accordingly. In the event a developer can present an alternative phasing proposal that affords adequate security that the affordable units will be developed in a timely manner, an exception to this standard may be granted by the City Council (see exceptions 18.106.030(H.3)). Proposed Language: 18.106.030(G4) 4) A development schedule shall be provided that demonstrates that that the Affordable Housing Units per 18.106.030(G) shall be developed, and made available for occupancy, as follows: a. That 50% of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50% of the market rate units. b. Prior to issuance of a building permit for the final 10% of the market rate units, the final 50% of the affordable units shall have been issued certificates of occupancy. Distribution of Affordable Housing Issue: The preference articulated by the Housing Commission, Planning Commission and other community members has consistently been to "scatter" affordable housing throughout the community and on individual projects to reduce the potential for high localized concentrations of a "low-income areas" and further to support income integration as a community value. In large developments the "clustering" of affordable housing can function to create an economic/income division between the future households and as such distribution thought a development of the affordable is preferable. Concern had been raised by non-profit housing providers that mandating a method of scattered site development may impede funding sources, specifically state funding sources. The State representative from the department of Housing and Community Services has indicated that this is not the case and that scattered site proposals can ~r, indeed be funded without compromise. The Rogue Valley Community Development Corporation has indicated that the economy of scale of "clustered" development is beneficial to their application of the Self Help Program and as such did not recommend language that required scattering of units. Staff believes that given the scale of developments in Ashland the issue of "clustering" is not pronounced in our community. Even in what Ashland considers large projects (ie 40-100 units), the number of affordable units provided do not typically appear to create a distinguishable "low-income areas". With all of these considerations in mind, articulating in the ordinance language that puts the burden upon the applicant to demonstrate that the affordable units are distributed throughout the development could be beneficial. Proposed Language: 18.106.030(G5) 5) That affordable housing units shall be distributed throughout the project However allowing Exceptions to this standard to be approved at the discretion of the City Council would also be prudent in order to allow senior assisted living, special needs housing, or proposals such as RVCDCs self help program, to be approvable without meeting the distribution standard if. acceptable. Exceptions for such circumstances to the distribution requirement under 18.106.030H4&5 is proposed that allows clustering when necessary for the nature of the development (ie assisted living), or provides a greater benefit to the City (IE more affordable housing than is otherwise required). Exceptions To accommodate varied conditions and potential deviations from the standards as proposed by applicants for a zone change or annexation, the proposed ordinance contains a number of "Exceptions" that can be considered by the City Council. These "Exceptions" are not technically "Variances" in the traditional sense as they would not be subject to the approval criteria in the Ashland's Land Use Ordinance Variance Chapter (18.100). Rather than subjecting such deviations from the proposed affordable housing provisions to the variance criteria, by listing them under section 18.106.030 H the Ordinance can be more explicit as to what alternatives the City Council would consider. Given the discretion (risk) involved in applying for an Exception, an applicant would be more inclined to design their proposed development to comply with the standards than request an exception. In the event an exception is requested the City Council can exercise discretion in examining what additional benefits are provided in consideration of the request. ~r, Proposed Language: 18.106.030(H1-6) H. Exceptions to the requirements of 18.106.030.G(2), 18.106.030.G(3), 18.106.03a G(4), and/or 18.106.030G(5) may be approved by the City Council upon consideration of one or more of the following: 1) That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on-site dedication requirement of 18.106.030(G)2, or; 2) That an alternative mix of housing types not meeting the requirements of 18.106.030.G(3)(b) would accomplish additional benefits to the City consistent with this chapter, than would the development providing a proportional mix of unit types. 3) That the alternative phasing proposal not meeting 18.106.03a G(4) provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion, or; 4) That the distribution of affordable units within the development not meeting 18.106.030.G(5) is necessary for development of an affordable housing project that provides onsite staff with supportive services or; 5) That the distribution of affordable units within the development as proposed would accomplish additional benefits for the city, consistent with the purposes of this chapter, than would development meeting the distribution requirement of 18.106.030. G(5), or; 6) That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per 18.106.030. G(6), are necessary due to local, State, or Federal Affordable Housing standards or financing limitations; ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE ANNEXATION CHAPTER (AMC 18.106.030) CONCERNING AFFORDABLE HOUSING STANDARDS FOR ANNEXATION Annotated to show deletleas and additions to the code sections being modified. Deletions are bold fined4hfGuo and additions are in bold underline. 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 of Ashland recognizes that under Goal 10 of Oregon's Statewide Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density; and WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element, establishes the goal of ensuring that a variety of dwelling types housing opportunities are available for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the City; and WHEREAS the City of Ashland City Council recognizes that for a healthy community the provision of a range of affordable housing 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; WHEREAS, the City of Ashland Planning Commission considered the above-referenced Page 1 of 8 ordinance amendments and recommended approval to the City Council on August 12, 2008; and WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above-referenced amendments on October 7, 2008; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan. and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations.are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 18.106.030 of the Ashland Municipal Code [ANNEXATION - Approval Standards] is hereby amended to read as follows: SECTION 18.106.030 Approval Standards. An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for Annexation Ordinance Amendments Oct 7, 2008 Page 2 of 8 annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall Annexation Ordinance Amendments Oct 7, 2008 Page 3 of 8 sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. Except as provided in 18.106.030.G(7) below, for €Gr all annexations with a density or potential density of four residential units or greater' and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): d 4 350/ ~ of r the base de nsity to qualifying buyere or rente.c with incomes en ~ the 0 eF below of median f 0 of the base density to qualifying buyers eF renteFS with inromes a 0 of Fnedian , 0 of the base density to qualifying buyers or FenteFs with inGomes a 0 of Fnedian inGerne; or oF below A 45% of the base density to quali fying L,, . ee Fs e. rente.c ..ith ineem ec a4 f 0 of Fnedian 5. Title to a suffir--ment a-mount of buildable land for developMent is with sabseGtde: 2 above The lend shall be. leved"ed within the n erk ° the and ell needed n„hlie faGilifies ;hall he eXt8Rded to the area OF ...ve.e. proposed for transfer Ow _nership of the land shall he fransfeMed to the afford-a-ble housing developer or Development CGFPGFatffiOn pFior to Gemmeneement of the prejeGL. 1) The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25% of the base density as calculated using the unit equivalency values set forth herein: a. Ownership units restricted to households earning at or below 120% the area median income shall have an equivalency value of 0.75 unit b. Ownership units restricted to households earning at or below 100% the area median income shall have an equivalency value of 1.0 unit. c. Ownership units restricted to households earning at or below 80% the area median income shall have an equivalency value of 1.25 unit. d. Ownership or rental units restricted to households earning at or below 60% the area median income shall have an equivalency value of 1.5 unit, or; Annexation Ordinance Amendments Oct 7, 2008 Page 4 of 8 2) As alternative to providing affordable units per section 18.106.030(G)(1) the applicant may provide Title to a sufficient amount of buildable land for development through transfer to a non- profit (IRC 501(3)(c)) affordable housing developer or public corporation created under ORS 456.055 to 456.235 for the purpose of complying with subsection 18.106.030(G)(1)(b). a. The land to be transferred shall be located within the project meeting the standards set forth in 18.106.030(G)4, 18.106.030(G)5 and 18.106.030(G)6 b. All needed public facilities shall be extended to the area or areas proposed for transfer. c. Prior to commencement of the project, Title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a non -profit 501(C)(3) organization, or public corporation created under ORS 456.055 to 456.235, d. The land to be transferred shall be deed restricted to comply with Ashland's affordable housing program requirements. 3) The affordable units shall be comparable in bedroom mix and housing type with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable Units within the residential development shall be in equal. proportion to the number of bedrooms per dwelling unit in the market-rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market-rate Units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 1. Table 1 Unit Type Minimum Required Unit Floor Area (Square Feet Studio 350 1 Bedroom 500 2 Bedroom 800 3 Bedroom 1,000 4 Bedroom 1,250 b. The required on-site affordable units shall be comprised of the different unit types in the same proportion as the market dwelling units within the development. Annexation Ordinance Amendments Oct 7, 2008 Page 5 of 8 4) A development schedule shall be provided that demonstrates that that the Affordable Housing Units per 18.106.030(G) shall be developed, and made available for occupancy, as follows: a. That 50% of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50% of the market rate units. b. Prior to issuance of a building permit for the final 10% of the market rate units, the final 50% of the affordable units shall have been issued certificates of occupancy. 5) That affordable housing units shall be distributed throughout the pro iect 6) That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a. The exterior appearance of the affordable units in any residential development shall be visually compatible with the market-rate units in the development. External building materials and finishes shall be substantially the same in type and quality for affordable units as for market-rate units c. Affordable units may differ from market-rate units with regard to interior finishes and materials provided that the affordable housing units are provided with comparable features to the market rate units, and shall have generally comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. 7) Exceptions to the requirements of 18.106.030.G(2), 18.106.030.G(3), 8.106.030.G(4), and/or 18.106.030G(5) may be approved by the City Council upon consideration of one or more of the following: a. That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on-site dedication requirement of 18.106.030(G)2, or; b. That an alternative mix of housing types not meeting the requirements of 18.106.030.G(3)(b) would accomplish additional benefits to the City consistent with this chapter, than would the development providing a proportional mix of unit types. c. That the alternative phasing proposal not meeting 18.106.030.G(4) provided by the applicant provides adequate assurance that the affordable housing units will be provided in a Annexation Ordinance Amendments Oct 7, 2008 Page 6 of 8 timely fashion, or; d. That the distribution of affordable units within the development not meeting 18.106.030.G(5) is necessary for development of an affordable housing project that provides onsite staff with supportive services or; e. That the distribution of affordable units within the development as proposed would accomplish additional benefits for the city, consistent with the purposes of this chapter, than would development meeting the distribution requirement of 18.106.030.G(5), or; f. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per 18.106.030.G(6), are necessary due to local, State, or Federal Affordable Housing standards or financing limitations; 8) The total number of affordable units described in this section 18.106.030.G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. 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 or other actions as required by state law, 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 "bode", "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 1, 3-5) 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, Annexation Ordinance Amendments Oct 7, 2008 Page 7 of 8 Section 2(C) of the City Charter on the day of 12008, and duly PASSED and ADOPTED this day of 12008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Annexation Ordinance Amendments Oct 7, 2008 Page 8 of 8 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE TYPE III PROCEDURES CHAPTER (AMC 18.108.060) CONCERNING GENERAL STANDARDS FOR AFFORDABLE HOUSING IN ZONE CHANGES Annotated to show deletions and additions to the code sections being modified. Deletions are bold and additions are in bold underline. 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 of Ashland recognizes that under Goal 10 of Oregon's Statewide Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density; and WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element, establishes the goal of ensuring that a variety of dwelling types housing opportunities are available for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the City; and WHEREAS the City of Ashland City Council recognizes that for a healthy community the provision of a range of affordable housing 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; WHEREAS, the City of Ashland Planning Commission considered the above-referenced ordinance amendments and recommended approval to the City Council on August 12, 2008; and WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above-referenced amendments on October 7, 2008; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 18.108.060 of the Ashland Municipal Code [PROCEDURES] hereby amended to read as follows: SECTION 18.108.060 Type III Procedures. A. The following planning actions shall be subject to the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislative amendments. 2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments. 3. Annexations. 4. Urban Growth Boundary Amendments B. Standards for Type III Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or ALUO Procedures Ordinance Amendments Oct 7, 2008 Page 2 of 5 d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G) one of the folio i _ d 35% of the base density toqualifying buyers a renters with insemes a 0 of Fnedian f OF below 0 2 25 of the base density to qualifying buyeFS or FenteFS with InGornes a • 0 or below of Fnedian inGeme; OF 0 of the base density to qualifying buyers OF FenteFS with inGemes a 0 of Fnedian f 0 of the base density to qualifying buyers OF FenteFS with iMemes a 0 eF below f of Fnedian 5. Title to a SUffiGient amount of bu"d lee land- f-n--r development us subseGtion 2 above. The land shall hp I_t_d within the pFojeGt and all needed pub!*G faGilities shail be extended to the aFoa OF areas proposed f tr-nnsfer. Owner-shop f the land hall h transferred t the aftrdabl housing developer OF Development Corporation PFiGF tG GGmmenGement of the prejest, e e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G) one of the followjnW. d 35% of the base density toqualifying buyers o nters with iFiGomes at OF beIGw 0 of Fnedian f 2m 25% of the base density t qualifyi g buyers OF r nterc. with inw^mes et GF below 100% of median inGoFne; e 3. 20% of the base density t alif e'ng buyers or renters with i____et 0 of median e A. 15% of the base density f qualifying buyers ar renters with insemes nt OF below ~ 0 of median inGoFne; 9 5. Title to a SUffiGient amount of buildable land fbr development is subsea' 2-above. The land shall be leGated within the nroGest and all needed bl' fe 'I't' shell be extended to the area or ^r^^s PFOpos^d to the affordable housing developer or Development Gerpor-ation prior to Gemmencement of the . ALUO Procedures Ordinance Amendments Oct 7, 2008 Page 3 of 5 The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. C.Type III Procedure. 1.Applications subject to the Type III Procedure shall be process as follows: a. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 45 days after the submission of the application. b.Notice of the hearing shall be mailed as provided in section 18.108.080. c. A public hearing shall be held before the Commission as provided in 18.108.100. 2.For planning actions described in section 18.108.060.A. 1 and 2, the Commission shall have the authority to take such action as is necessary to make the amendments to maps and zones as a result of the decision without further action from the Council unless the decision is appealed. The decision of the Commission may be appealed to the Council as provided in section 18.108.110. 3.For planning actions described in section 18.108.060.A. 3 and 2, the Commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the City Council within 45 days of the public hearing. a. Upon receipt of the report, or within 60 days of the Commission hearing, the Council shall hold a public hearing as provided in 18.108.100. Public notice of such hearing shall be sent as provided in section 18.108.080. b. The Council may approve, approve with conditions, or deny the application. 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 amend menUrepea1, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, 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", or ALUO Procedures Ordinance Amendments Oct 7, 2008 Page 4 of 5 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 1, 3-5) 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 ALUO Procedures Ordinance Amendments Oct 7, 2008 Page 5 of 5 Excerpts from recent Housing and Planning Commission Meeting minutes relating to the proposed Annexation and Zone Change Ordinance changes. ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES June 24, 2008 Ashland Land Use Ordinance - Annexation and Zone Change Amendments Senior Planner Brandon Goldman introduced Housing Commissioners Regina Ayers and Aaron Benjamin and invited them to join the Planning Commission in this discussion. Mr. Goldman presented the staff report and stated the purpose of the proposed annexation and zone change amendments are to address the issues related to affordable housing. He provided the following timeline for this process: 1) legal review of the proposed ordinance will occur in June, 2) the Housing Commission will review the ordinance in July, 3) in August, the Planning Commission will review the ordinance and it will go before the City Council during their Study Session, 4) the Council will conduct first reading in September, and 5) the ordinance should be adopted by October. Mr. Goldman noted this is the first time the Commission has seen the changes in code format and stated it would be beneficial if the Commission could provide input on the following areas: 1) the cash in lieu of fees provision, 2) the equivalency value concept, and 3) the construction standards and comparable unit size. Cash in Lieu of Fees Mr. Goldman provided a brief overview and stated staff has some concerns and would like direction from the Commission. Dawkins stated he is familiar with this concept and shared his concerns with this type of provision. Mr. Goldman clarified the ad hoc committee agreed to drop this language, but staff needs to know if the entire Commission feels the same. The majority of the group recommended eliminating this language. Equivalency Value Mr. Goldman provided a brief overview and stated the primary question is whether affordable rental housing units targeted to households earning 80% the area median income should qualify as meeting the standard. Council Liaison Cate Hartzell shared a recent conversation she had with the regional HUD director, who felt that as a result of the current housing market, there will be increased pressure on rentals. Comment was made that if this provision encourages rentals, they should include it. Alternate comment was made that Ashland is lacking diversity in ownership units and affordable ownership units would be more beneficial than near market rate rentals. Stromberg conducted a straw vote and the majority of the Commission favored this provision. Comparable Unit Size Mr. Goldman explained the minimum one-bedroom unit size set by the State is 600 sq. ft.; however, the City's ordinance allows for a reduced density calculation for units that are 500 sq. ft. or less as well as a reduced parking requirement for units 500 sq. ft. or less. As such, staff believes that changing the one- bedroom minimum unit floor area from 600 sq. ft. to 500 sq. ft. has merit and should be considered for inclusion in the final ordinance. Mr. Goldman clarified if a developer submitted an application for units 500 sq. ft. in size, they would be ineligible for state funding. Several comments were made voicing support for retaining the 500 minimum sq. ft. size for one-bedroom units. Comment was made questioning how to ensure the mix of units that are built as affordable echo the market rate housing. Suggestion was made for comparability between affordable and market rate exterior and interior amenities. ASHLAND HOUSING COMMISSION MINUTES April 24, 2008 "The proposed changes are also intended to establish a means of insuring the units are being built in a timely manner, that the units are commensurate with the full development in terms of unit size, distribution of the affordable housing units, target percentages of affordability, and identifty the potential for cash in-lieu fees and land dedication. Commissioners discussed the proposed changes in order to make recommendations to the Ad Hoc Committee to look at incorporating these changes. Regarding construction standards: Voisin/ Billin m/s that the Commission recommend the minimum unit size be 375 square feet. The motion passed unanimously. Regarding percentage of affordability: Hardesty/Billin m/s that the Housing Commission revise the requirements in the Percentage of Affordability section such that in item 'c'the words or rental would be deleted and in item 'd' the number 80% be changed to 60% and that they make these recommendations on the part of the Commission to the Ad Hoc committee. The motion passed unanimously." ASHLAND HOUSING COMMISSION MINUTES February 28, 2008 "In 2006 the Housing Commission looked at the ordinance to see what was working with it and what wasn't. Goldman reviewed the Commission Communication dated March 27, 2007. The Housing Commission in March of 2007 had recommended in favor of these ordinance changes going forward. Given the lapse of time Bill Molnar felt that instead of taking a draft ordinance to the Planning Commission they should have an Ad Hoc meeting structure where some Housing Commissioners and Planning Commissioners get together in April and go over what was being presented. Then they would come back to the Housing Meeting at the April 241h meeting with draft language that has already had legal review. With the Commissions recommendations they would either modify the ordinance or send out a notice to the affected parties in advance of having the draft ordinance sent to a Planning Commission study session in June. It would then go to a hearing before the Housing Commission in July and to the Planning Commission and City Council in August for first reading of it in September. Assuming that the City Council at first reading wanted to go forward with the ordinance the second reading would be in October and 30 days after that it would be approved as the new law of the land. All future annexations after that would be subject to it. Goldman explained that Measure 49 was a response to Measure 37 and explained how it could affect the City and Housing densities. After discussing these previously identified changes to the Annexation and Zone Change Ordinances, and specifically the matrix describing affordable housing mixes, Hardesty made the following motion "We recommend to the joint Ad Hoc Housing Commission /Planning Commission members that the words or rental be deleted from items C on the subject of percentage of affordability." Billin seconded it. Voice vote: approved. It was decided that the members on the Land Use Committee will be on the Ad Hoc committee." ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES March 27, 2007 "In the packet is a communication that outlines some issues that have been previously identified by the Housing Commission concerning the current ordinance and specifically, how it provides for affordable housing that's required. The Planning Commission saw this in November of 2006. They outlined the following issues: • Construction timing - how units are brought into a development? • Construction standards - relates to the size of the units (number of bedrooms) and materials used • Distribution of affordable housing that is annexed or requests a zone change • Percentage of affordability - There is currently a menu of options the developer can choose from. Provide 15 percent of the units to people at 60 percent income or provide up to 35 percent of the units at 120 percent income. • Cash in lieu fees has been brought up before. Goldman provided sample code language specific to Ashland's ordinance. The language has not yet been reviewed by the Legal Department. Goldman said that in developing code language to address remedies, the objective has been to provide a clear and objective path by which somebody could apply for an annexation and have clearly set rules that they could meet and therefore have an approvable application. But also knowing there is a measure of flexibility that may be addressed if there are physical constraints or other issues that would necessitate an alternative plan. A series of alternatives have been developed that could be provided as exceptions to the ordinance. The Housing Commission will be reviewing the same Communication that is in front of them tonight at tomorrow night's Housing Commission meeting. Stromberg said the Council can decide on an annexation based on the criteria of whether the proposal is good for the community in general. He hopes someday the Council directs Staff to create a matrix for analyzing the complete spectrum of cost and benefits to the community. Goldman said they've established that the minimum square footage of affordable units should comply with the HOME program based on the number of bedrooms. The HOME program also has a square footage ceiling to qualify for receiving a subsidy. Marsh favored the Housing Commission looking at some of the alternative options. She did not see anything that mentions what kind of housing units have to be developed to meet the affordable standard if there is a mix of single family homes, townhouses, etc. They need some clarity about this because it can make a lot of difference. Fields noted that developers tend not to know anything about the affordable housing market, but agree to it during a hearing and then they are stuck with having to do something. He thinks it will come to paying money in lieu of units or dedicating land where the developer can step away from the responsibility of creating it. ASHLAND HOUSING COMMISSION STUDY SESSION MINUTES April, 24, 2006 Bill Molnar, Interim Director of Community Development, discussed the the development of and history of the annexation ordinance. Noting the changes over time to reflect community values and that the annexation [as a legislative decision] is one of the discretionary parts of the land use ordinance. Molnar noted that when the annexation policies were originally established the term "at least a five-year supply of land" was intended to ensure the supply did not drop below a five year availability. 1990's:Annexation Chapter added in part to address modal equity and transportation issues. Added definitions for adequate transportation facilities; "Less than a 5 year supply" of land was added to efficiently use land and demonstrate a deficit of a specific type [zone] of land; the term "infill was coined to describe the "filling in" of the existing City Limits; added affordability requirements for residential annexations. 200.1-2002: Annexation Ordinance was amended to modify the affordability requirements: 60 year period of affordability; land transfer option; ranges of income levels from 60%-120%AMI. Molnar noted that during the 2002 amendments areas discussed but not included were • Quality of units - general feeling at that time was that building code was sufficient • Unit distribution - There was concern in 2002 regarding requiring scattering regarding its impact on affordable housing providers in negotiation. Brandon Goldman briefly discussed the outline of discussion items included in the Examination of Ashland's Annexation and Zone Change Ordinances handout touching on the common elements found in other such ordinances. Discussion included recent annexations and the issue of traffic impacts and inventory of land being items that should be looked at prior to site review. Aaron Benjamin questioned whether the City should consider expansion of a commercial or industrial annexation request to include land for workforce housing [commensurate with the wage scales provided by the intended commercial use]. Discussion touched on affordability targets and the types of dwelling units desired through annexations. Further the definition of "workforce housing" was briefly discussed. Liz Peck stated that in looking at ranges of incomes she thought "workforce housing" for people over 130% of area median income is of concern in that it is difficult o call that "affordable housing" Goldman discussed the desire to create a annexation ordinance that promoted affordable housing development without inadvertently chilling development to the degree that no development would occur. Thus he stated that the evaluating the economic feasibility of any proposed changes was vital. He noted that the goal is to actually get affordable units built. Goldman also explained the equivalency unit concept put forth in the handout and how it provides greater flexibility while aiming to maintain the equivalent number of affordable units established in the current ordinance. Cate Hartzell raised concern that in looking at the table it shows a net reduction in actual affordable units [from 35-33 in the hypothetical example provided] if all units were developed at the 120%AMI level. Goldman noted that the base "25%" of the units used to establish the equivalency value to determine actual numbers of units as affordable used could be modified to increase or decrease the total number required. Peck questioned whether developers would generally be in favor or opposed to such a methodology. Goldman responded that he believed there would be general favor toward the greater flexibility provided by the method described in the handout. It was discussed that having the input of the development community was necessary to determine how a projects financing and ability to provide affordable units would be impacted. Specifically Hartzell indicated that a clear understanding of projects costs would be valuable in assessing how many affordable units could be absorbed and still have the project remain viable. There were questions regarding the process timing of adopting any annexation ordinance changes. Given the necessary time for a comprehensive review Hartzell questioned whether the City could impose a moratorium on annexations until the amended ordinance was in place. Goldman stated that he did not believe doing such was possible as a moratorium would have to cite a lack of facilities and establish a means to resolve the insufficiency. However he noted that he could check with the legal department regarding her question. After the brief dinner break Hartzell noted that she had mad a call during the break and learned that a moratorium on annexations was not possible. The commission generally discussed which items were 'low hanging fruit'. Aiming to identify which of the commonly addressed items listed in the handout could be readily addressed Bill Street identified five of the nine items. • Period of affordability • Price & Rent controls • Construction Standards • Construction Timing • Distribution of Affordable Housing Commissioners discussed continued investigation into other cities ordinances suggesting consultation with those jurisdiction planners; discussions with developers, both local and those developing in jurisdictions with inclusionary zoning ordinances; discussions with non-profit developers such as the housing authority about project proforma and development costs. CITY OF ASHLAND Council Communication Public Art Ordinance Meeting Date: October 7, 2008 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzera2c ashland.or.us Secondary Dept.: Legal Secondary Contact: Megan Thornton Approval: Martha Be Estimated Time: 10 Minutes Question: Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance Relating to the Review of Public Art Proposals, Establishing Criteria and Selection Processes for the Acquisition, Acceptance, or Removal from the Ashland Public Art Collection," and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approval of the First Reading by title only, and Council move the Ordinance on to the Second Reading set for October 21, 2008. Background: In November 2007, the Council adopted the Public Art Master Plan presented by the Public Art Commission and requested the policies and procedures detailed in Appendix A of the Master Plan be codified for inclusion in the Ashland Municipal Code. The ordinance adds a definition section and sections 2.17.100 through 2.17.180. These sections establish the following: • Process for acquiring and removing public art, • Method for choosing a Selection Panel to evaluate public art proposals, • Selection criteria for works of art and site placement, • Review process requiring Council acceptance of gifts and/or donations, and ■ Process for placing public art on private property. In April of 2008, the Council voted to provide three types of funding for Public Art: a percentage of funds generated from the increase of the transient occupancy tax, one half of one percent of qualifying capital city projects and a commercial development fee in the amount of one tenth of one percent, and. The ordinance creates a Public Art Account and establishes the purposes for which the PAC can be used. The ordinance also specifies that all funds from the three funding methods approved by Council and any donated funds will be placed in the Public Art Account. The attached ordinance incorporates both the policies and procedures and the three types of funding. Related City Policies: Public Art Master Plan Site Design and Use Standards AMC Chapter 18 (commercial development fee in lieu) AMC Chapter 4 (resolution authorized for transient occupancy tax) Public Art 10-07-08 Page I CITY OF ASHLAND Council Options: 1. Move to approve First Reading and continue the matter to October 21, 2008, for Second Reading. 2. Postpone consideration and provide direction to staff. Potential Motions: 1. I move to approve first reading of an ordinance relating to the review of public art proposals, establishing criteria and selection process for the acquisition, acceptance, or removal from the Ashland Public Art Collection. 2. I move to approve first reading of an ordinance relating to the review of public art proposals, establishing criteria and selection process for the acquisition, acceptance, or removal from the Ashland Public Art Collection with corrections. 3. I move to deny approval of the first reading of an ordinance relating to the review of public art proposals, establishing criteria and selection process for the acquisition, acceptance, or removal from the Ashland Public Art Collection with corrections. Attachments: • Proposed ordinance ■ Letter of support from the Public Art Commission Public Art 10-07-08 Page 2 ORDINANCE NO. AN ORDINANCE RELATING TO THE REVIEW OF PUBLIC ART PROPOSALS, ESTABLISHING CRITERIA AND SELECTION PROCESSES FOR THE ACQUISITION, ACCEPTANCE, OR REMOVAL FROM THE ASHLAND PUBLIC ART COLLECTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold ' and additions are in bold underline. 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 of Ashland wishes to enhance the artistic vitality of the City through the placement of art in public areas; and WHEREAS, processes and criteria for the acquisition and removal of public art are needed to govern the acquisition and removal of artworks from the Ashland Public Art Collection. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.01.005 [Purpose] is hereby amended to read as follows: 2.17.005 Purpose The mission of the Public Arts Commission is to enhance the cultural and aesthetic quality of life in Ashland by actively pursuing the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the city as well as of its citizens. The arts are an important part of the cultural . and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The creation of a Public Arts Commission for the City of Ashland REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page I of 10 will assist those organizations, and other organizations and individuals, to make arts a more important part of the city's life. Recommendations from the Commission regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion This chapter will create a Public Arts Commission and adopt standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. SECTION 2. Section 2.01.008 [Definitions] is hereby added to read as follows: 2.17.008 Definitions. A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any means including direct purchase, commission or acceptance of a gift. B. "Artwork" means visual works of public art as defined herein. C. "Ashland Public Art Collection" means all public art acquired by the City by any means. D. "Capital improvement program (CIP)" means the city's program for advance planning of capital improvements. E. "City project" or "project" means any capital improvement project in an amount over $25,000 paid for wholly or in part by the city of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction or any portion thereof, within the limits of the city of Ashland. "City proiect" or "project" does not include public utility improvements. (e.g. electric water, sewer, or stormwater), LID improvements, including but not limited to streets, sidewalks and associated improvements, property acquisition earth work emergency work minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation the Council or responsible contracting officer may include any new city street or utility proiect (limited to water, sewer and storm water projects) in an amount over $25,000 as a city proiect under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. "Eligible funds" means a source of funds for projects from which art is not precluded as an object of expenditure. H. "Participating department" means the department that is subject to this article by its sponsorship of a city proiect. 1. "Percent for art" means the program established by this article to set aside a percentage of the total cost of city projects for public art. J. "Public art" means all forms of original works of art in any media that has been planned and executed with the specified intention of being sited REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 2 of 10 or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the public. K. "Public art account" means the city of Ashland public art account in the city budget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. M. "Selection Panel" means a group of individuals selected by the Commission that will evaluate the proposals associated with a particular project in a public meeting. N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art. 0. "Commercial Development Fee" means funds deposited by a commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. "Total cost" means the entire amount of the city's financial contribution toward construction and maintenance of a proiect. SECTION 3. Section 2.17.100 through Section 2.17.180 are hereby added to read as follows: 2.17.100 Process for acquiring public art. A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply with the City's public contracting rules. 1. Acquisition. Acquisition of public art will generally result from: a. The commissioning or purchasing of a work of public art by the city using city funds or donated funds, in accordance with public contracting laws and AMC Chapter 2.50; or b. An offer made to the city to accept a work of public art as a gift, donations, or loari. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. An ad is placed in a newspaper of general circulation in the city, REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 3 of 10 2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and 3. A notice is placed on the city's website. The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at"a public iii ill' The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. TFiisso~dinance does not excfudeli'and use approvai~processes=.when regui"redftor the use: or struffite. D. Removal and Disposal Process. Except as provided in AMC 2.17.140(6), neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. 2.17.110 Review process for gifts or donations. The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the city and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has exaluatedithe°Wartworkrusingithe gdideiines inAMC 2 y1lVilr30i All art works or funds shall be administered by the city in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusively for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the city. 2.1r7.1>20. R6bIic on Pfivafe1Propertv Before p615licc'Haiti°can"iWd place"'d on"dp i ate property th Commission shall determine whether thefsite is appropriateffor public art under the Site Sel ction criteria`iin A'~MC 2 1€7 30 if the site is'Tfoundi'toi!be appropriate for rt, the C~itY shall secure'Tautho~izatfShTtto use and access the private public a , property where the puliiic artwilitb`e locatedtbefore~the acquisition process for public artTiis'Tiniiiated, Tiheresha0ITtie a wriften.agreement onNe7y' l nstrument, g6antinq the' Ciiy.peririissiorr and controi.of the property solthat the property can be~usedffor putihCiarttpurposes", Including access for instaiiation, mainteriancerandemovalfofthe artwork. P biic artcan"Cthen be acguiredlfor pia eementton pcivafe"i'propertV bwyfoiiowi p=the,pro Bess fog A Acquisition in A'MC MIr7s~100 for B ,Gifts"andid'ona"tio'iis n~AMC2.17:11 REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 4 of 10 2.17.130 Guidelines for recommendation by the Commission. A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. 6. Permanence. Both temporary and permanent art works shall be considered. 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the city. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be part of the city's circulation paths. 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 5 of 10 2.17.140 Standards for the Ashland Public Art Collection. A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. Artworks may be acquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The city shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two-dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation. a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is found to be forged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or workmanship. d. The artwork causes excessive or unreasonable maintenance. e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. g. The artwork is rarely displayed. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion. REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 6 of 10 b. Acceptance or placement of donated art by the city does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the city of Ashland Public Art Collection by a relinquishment of title to the artwork; thus, eliminating the city's obligation to maintain and preserve the artwork. d. Notwithstanding the above, Artwork shall be dispose of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The city may donate the artwork to another governmental entity or a nonprofit organization. b. A work that is deemed to have retained sufficient monetary value to warrant resale, shall be disposed of through a public sale, auction, or any other means as established by city ordinance. c. Artworks removed from the Ashland Public Art Collection may be disposed of through any appropriate means, including the city's procedures for the disposition of surplus property. C. Borrowing of Artworks. 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition. 3. The borrowing of artworks shall be pursuant to written agreement between the city and the artist. 4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display inside its facilities. 2.17.150 Maintenance of the Ashland Public Art Collection. A. Except where expressly provided in a contract or warranty for public art the city shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the city budget the city shall provide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. 2.17.160 Parks commission. The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 7 of 10 from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. 2.17.170 Development of guidelines. The Commission shall have the ability to establish further guidelines concerning its operations; however, only the criteria and processes of this ordinance will be legally binding. 2.17.180 Creation, funding and use of Ashland public art account. A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the city budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance with this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as community outreach presentations and workshops, in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost of the proiect. 1. One-half percent (0.5%) of the total cost of a qualifying city proiect shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the city official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the city proiect and no later than final inspection of the completed city proiect. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city proiect. If costs are incurred by the participating department to comply with this article requirement prior to transfer of the one and one-half percent dedication for the city proiect to the public art account, the participating department may deduct such costs (not to exceed one-half percent) from the one and one- half percent dedication at the time such funds are transferred. REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 8 of 10 D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the city project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the city project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the city will consider an overall public art plan for the proiect to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than' through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the-Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). 1. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including case- by-case waivers of the required dedication set forth herein based on the availability of public funds, as well as any other matters not specifically addressed herein and appropriate or necessary to the administration of the program. SECTION 4. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses, or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 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", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (ie: Sections 4-5) need not be codified. REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page 9 of 10 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 REVIEW OF PUBLIC ART PROPOSALS 10-07-08 Page10 of 10 CITY OF ASHLAND October 7, 2008 . Ashland City Council Dear Mayor and Council, I am writing on behalf of the Public Art Commission (PAC) to urge your support for the Public Art Ordinance. The PAC has reviewed the ordinance and believes it accurately reflects our work and the work of previous commission members over the past seven years. It codifies the process for the acquisition and selection of public art and includes the language regarding the various funding mechanisms approved by the Council last spring. We look forward to continuing our work to site public art in our community. Thank you for your ongoing support of our efforts. Sincerely, Melissa Markell, Chair Public Art Commission