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HomeMy WebLinkAbout2013-0305 Council Mtg PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak please fill out the Speaker Request fort located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 5, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Business Meeting of February 19, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation of March 8 as International Women's Day VII. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Report on Full Faith & Credit Bond sales - $6,345,000 tax-exempt bonds for Public Works and Parks Projects; $11,675,000 taxable bonds refunding Ashland Fiber Network debt 3. Award of a contract to the apparent low bidder for the Ashland Creek sanitary trunkline sewer, phase two 4. Jackson County scenic bikeway application letter of support 5. Approval of 2013 Council liaisons to boards, commissions, and committees VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) 1. First Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 15.28 regarding Ashland Fire and Rescue cost recovery fees" IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None X1. NEW AND MISCELLANEOUS BUSINESS 1. Council consideration to initiate amendments to Ashland's Municipal Code related to the establishment and operation of short term vacation rentals X11. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to adopt the Transportation System Plan as a supporting document and to amend the street dedication map". 2. Resolution titled, "A resolution setting forth policies and conditions under which Ashland will provide extreme weather related emergency shelter housing and repealing Resolution No. 2007-11" 3. Resolution titled, "A resolution of the City Council of the City of Ashland allocating anticipated revenues from the transient occupancy tax for the biennium 2013-2015 budget and repealing resolution 2012-04" X111. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 19,2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor called the order at 7:00 p.m. Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 15, 2013. He went on to move agenda item #3. Consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation under NEW AND MISCELLANEOUS BUSINESS to number 1. with Council consent. APPROVAL OF MINUTES The minutes of the Special Meeting of February 2, 2013, Study Session of February 4, 2013, Executive Session of February 4, 2013 and Business Meeting of February 5, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Police Chief Terry Holderness noted Frank D'Entremont's career with the Ashland Police Department and thanked him for 57 years of service. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Liquor License application for Warren Anderson dba Ashland Texico 3. Liquor License application for Rajan Kumaran dba Tudor Guild, Inc. 4. Liquor License application for Brandon Overstreet dba Swing Tree Brewing Co. 5. Liquor License application for Michael Ulizzi dba Club 66 6. Approval of special procurement for boundary survey work on Calle Guanajuato 7. Approval of a special procurement for phase #2 of the Calle Guanajuato resurfacing project 8. Adoption of a funding agreement between the City of Ashland and the Oregon Department of Forestry 9. Award of a public contract for a risk management advisor 10. Approval of a contract amendment with Liquivision Technology 11. Approval of the Mayor's appointment of Krista Hepford to the Public Arts Commission 12. Consent to Legal Representation by David Lohman on Mt. Ashland Ski Area Matters 13. Approval of a special procurement for helicopter forest thinning for the City of Ashland's Winburn property 14. Approval of a special procurement for helicopter forest thinning for the Ashland Forest Resiliency Project Councilor Rosenthal and Slattery pulled Consent Agenda item #9 for discussion. Administrative Services Director Lee Tuneberg clarified the Risk Management Advisor contract would help the City negotiate insurance packages not covered by city or county insurance services. The contract was $18,000 per year for two years with a three-year renewal option. The fee schedules addressed how much the company ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 1 of 7 charged, complexity, and coverage. Councilor Voisin pulled Consent Agenda item 412 for discussion. City Attorney Dave Lohman confirmed he would represent the City regarding issues relating to Mt. Ashland Association (MAA) who was a former client of his previous law firm and clarified he was not involved in the lawsuit that occurred at the firm. Councilor Rosenthal pulled Consent Agenda item #13 for discussion. Forest Resource Specialist Chris Chambers clarified the grant covered 100% of the project cost including the value of the material removed up to $335,000. They based the $335,000 on $500 per 1,000 board feet. Since that estimate, the market improved and the price was now over $700 per 1,000 board feet. The extra funds would extend the project to include fuels reduction treatments on private property bordering the Ashland Watershed, prescribed burning on City of Ashland forestlands, and fuels reduction in Siskiyou Mountain Park. Staff did not anticipate needing a contingency. Councilor Marsh/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None PUBLIC FORUM - None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation City Administrator Dave Kanner explained the Letter of Intent (LOI) was the groundwork for a final agreement that would come before Council the end of March 2013. By signing the LOI, the City transferred its sole corporate membership to Asante, the title, and all real property it owned to Ashland Community Hospital Corporation. Asante would agree to operate Ashland Community Hospital (ACH) as a general hospital defined in state law for a period of 3 years. Failure to do so had the sole corporate membership revert to the City along with $8,000,000 to cover the outstanding balance on the construction debt. Asante further agreed to make $10,000,000 in capital improvements in the first three years. There were two outs for Asante, one was unknown liabilities at time of closing that exceeded $4,000,000, or if the known pension liability exceeded $16,000,000, Asante had the right to give the hospital back to the City in the first three years. If Asante ceased to operate ACH as a general hospital years 4-15 they would pay the City $4,000,000 in liquidated damages. Councilor Slattery explained the group focused on retaining the general hospital for as long as possible, protecting jobs and relieving the debt risk. He specifically thanked Doug Gentry for his leadership and efforts on the board. Asante President and CEO Roy Vinyard noted Asante and ACH's mission and value statements were similar. Locally owned, Asante provided care for over 600,000 residents in nine counties in Southern Oregon and Northern California. In addition, Asante provided the following services: • Neonatal Intensive Care Unit - recently expanded to Gold LEED Certified • Complex Heart Health Care • Inpatient Mental Health • Free Standing Pediatric Care ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 3 of 7 ACH was a key component in the area and Asante was interested in building on their current services and strengthening others. Asante would also provide less expensive access to capital, recruit physicians, and try to maintain as many jobs currently at ACH as possible. Asante intended to run ACH as a general hospital for the next 100 years. They wanted to incorporate financial incentives and penalties if Asante was unable to operate ACH as a general hospital. The $10,000,000 capital improvements were a start to the amount of investment Asante planned to make. Asante was not looking to change any services currently provided, the needs of the community determined services. The Asante Board comprised of 11-15 board members representative of the communities served. The ACH Chair would become a voting member and the ACH Chief of Medical Staff an ex-officio non- voting member on the Asante Board. Ultimately, the ACH Board would become a quality committee. The initial $10,000,000 for capital improvements might include the electronic medical record system, new equipment, building improvements, but would not cover operational costs. Mr. Vinyard was confident they would complete due diligence within the 90-day window. Asante developed partnerships between the hospital and physicians for coordination of care and felt prepared for any changes that might occur in the medical field. Ron Roth/6950 Old 99 South/Questioned selling the property, thought it was worth more than $3,900,000 and preferred the City negotiate a long-term lease to Asante for the property. He also wanted Le Clinica brought into the conversation. He noted a physician that performed surgery on him at Providence and wanted to know if that doctor would be able to operate at Asante or ACH. He suggested the Mayor appoint an ad hoc committee to get a community wide perspective. Mr. Vinyard confirmed prior physicians could request privileges at all three of the hospitals. Councilor Slattery/Rosenthal m/s to approve letter of intent of affiliation between Asante and Ashland Community Hospital and authorize the Mayor and the City Administrator to sign the letter as presented. DISCUSSION: Councilor Slattery explained the Ashland Board of Directors, a large citizen based group met extensively regarding ACH. Council and the Mayor appointed the group and they worked on both affiliations. The Ashland Board of Directors and the Ashland Foundation participated in the meetings. It was imperative to move to a partnership quickly. This was one way Ashland could have a successful general hospital in the future. Councilor Rosenthal emphasized the Letter of Intent was non-binding and time was of the essence regarding the partnership. Councilor Marsh thought the agreement met the three objectives in that it would protect financial investments, maintain the hospital facility, and provide some local control since Asante was local. Mr. Kanner explained the real market value determined by the County Assessor was approximately $4,000,000. The community gained value as long as the hospital remained open and Asante had built incentives to keep the hospital open. They needed to amortize their investment over time and $4,000,000 was fair. The hospital property had construction debt that the City would divest itself by transferring the corporate membership to Asante. Additionally, an unfunded actuarial pension liability that could potentially come back to the City would divest if the agreement moved forward. Councilor Voisin did not want taxpayers saddled with the $8,000,000 construction loan and Asante would assume responsibility for that debt. Councilor Morris agreed it was the best option and Councilor Lemhouse supported the agreement. Mayor Stromberg acknowledged the agreement was a big step for the community and potentially a good one considering ACH's current financial circumstances. Roll Call Vote: Councilor Rosenthal, Voisin, Slattery, Marsh, Morris, and Lemhouse, YES. Motion passed. ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 4 of 7 2. Fiscal Year 2012 -13 second quarter financial report: October- December 2012 Administrative Services Director Lee Tuneberg explained the amount of cash decreased from December to December because of issuing bonds for construction on Fire Station No. 2. Additionally, a portion of the unrestricted funds in the Capital Improvement Fund went towards remodeling the Police Department with the City paying 85% of the remodel. Reserves paid down debt service and the Hargadine parking structure in full. The City was in an improved position heading into the biennium with future costs to manage as the City went forward. When the City issued bonds recently the rating agency noted the City had maintained its financial position with slight improvements. 3. Update from the ad hoc Steering Committee on Homelessness Ad Hoc Homelessness Steering Committee (HSC) member Graham Lewis provided a status on the committee that included meetings with the faith community that resulted in a shelter night at Trinity Episcopal Church and two faith community agencies collaborating with the City to open a shelter night on Thursdays in Pioneer Hall. HSC trained volunteers to work at all the shelters, and developed an online scheduling system for the 72 shelter hosts. HSC also was planning a trip to Klamath Falls to research Veteran's Court, heard a report regarding the Exclusionary Zone, researched shower trucks and facilities, produced an Ashland resource list of services with City staff, and visited Eugene OR for options on a day shelter, overnight parking and other services. HSC's main action item was the Veteran's Court. HSC was having difficulties finding a space to provide shower facilities and had researched shower trucks leased by the US Forest Service and Cycle Oregon as a possible alternative. John Wieczorek/165 Orange Avenue/Explained he was a member of the Social Justice and Action Committee for the Rogue Valley Unitarian Universalist Fellowship. He thanked the Temple Emek Shalom, City staff, and the HSC for collaborating on the shelter night at Pioneer Hall. They hosted an average of 12 people a night, 9 men, and 3 women who all expressed their gratitude to the hosts and the City for providing shelter. He explained how difficult it was rejecting guests with dogs and thought the City should revaluate the policy. Volunteers were looking into an online service to reduce costs associated with the background checks used by St Vincent de Paul in Eugene OR. 4. Appointment to the Budget Committee City Recorder Barbara Christensen submitted a revised Council Communication that included applications from the last two openings on the committee per Council request. The Council Communication also provided options to replace Doug Gentry's position. The process for appointing members to the Budget Committee was different from other commissions and committees with the Council and Mayor making the decision. Normal process included applications not appointed from the previous appointment vacancy. Councilor Rosenthal questioned why this round of appointments included an application from 2005 where the applicant was appointed, served their term, and resigned. Ms. Christensen responded Council could choose the process used for Budget Committee appointments. Councilor Voisin asked for further clarification why Dee Anne Everson was on the ballot when she did not apply in 2012. Mayor Stromberg explained the vacancy occurred close to budget and he and Councilor Slattery thought of Ms. Everson because her prior experience with the budget would eliminate the learning curve. Ms. Everson resigned from the Budget Committee to perform a unique function for the City Administrator. Mayor Stromberg and Councilor Slattery approached her to determine her interest in returning the Budget Committee. Councilor Lemhouse acknowledged the concern and awkwardness regarding how Ms. Everson got on the ballot, but supported reappointing her based on her prior contributions to the Budget Committee. Councilor Voisin spoke in favor of Joe Graf, shared his background regarding budget, thought he would ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 5 of 7 provide a fresh perspective to the committee, and would easily catch up. Councilor Slattery shared his support for Ms. Everson. Councilor Rosenthal expressed exasperation with the selection process. He appreciated Ms. Everson's service on the Budget Committee but supported Joe Graf and his experience with budgets adding he would bring fresh eyes to the committee. Councilor Marsh commented normally they would advertise but given the circumstance, they did not have time. She would support Ms. Everson but considered this a short-term appointment and would not reappoint her December 2013. Councilor Slattery/Lemhouse m/s to appoint Dee Anne Everson to the Citizen Budget Committee for a term ending 12/31/2013. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2013, and repealing Resolution No. 2013-01" City Administrator Dave Kanner explained Council approved Resolution 2013-01 that allowed use of a City building for a regular Thursday night shelter organized and operated by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom. Council decided against allowing dogs in the shelter. During the last Council meeting, a citizen requested Council reconsider that decision, allow dogs in the shelter, and provided revised resolution language. Council voted to discuss the topic. Staff prepared the resolution amendment that allowed dogs into the facility, kept in crates at all times, with RVUUF and Emek Temple Shalom responsible for any animal related damages. At this time, RVUUF and Emek Temple Shalom had not met to approve the amendment. If approved, it would become effective once RVUUF and the Temple signed the revised agreement. Joel Feiner, M.D. /593 Prim Street/Shared his experience as a physician, psychiatrist, and professor. Instead of calling the animals pets, he suggested calling them family because they were that to many homeless people. He shared a story of one young woman who always fed her dog before she ate and used the dog for protection. Leigh Madsen/176 Orange Street/Expressed his thanks and the gratitude shared by the homeless accessing the shelters. He agreed with Mr. Feiner the homeless considered their cats and dogs family. There were five dogs at the free meal that night and all behaved. In the 2.5 years he served free meals, he had never witnessed dogs fighting or attacking and threatening people. He did not think the City should be concerned dogs would cause damage or hurt someone although that was a reasonable concern. Carolyn Anderson/1295 Munson Drive/Explained she was a member of the Trinity Episcopal Church and a volunteer at the Trinity Shelter program since inception this past November. Prior to that, she volunteered at the Presbyterian Church shelter. She provided insight on dealing with dogs coming into the shelter and there were no instances of threatening or violent behavior from any of the dogs. Trinity Episcopal Church budgeted money for carpet cleaning and had very few accidents. She understood liability issues, if dogs were crated it should address those concerns. Having the faith agencies agree to cover any damage that might occur would ameliorate liability due to damages. She encouraged Council to support the amendment. Cate Hartzell/892 Garden Way/Referenced the document she submitted into the record and explained the new information came from the success Eugene OR experienced establishing warming centers. There was grant money for vaccinations, wellness centers, and crates as well. She noted federal law prohibited the City from keeping service dogs out of the shelter. She thought the proposal addressed all the issues except liability. The City was paying $400 a month for insurance if there was damage, once the City met the deductible, insurance would cover any claims. By the time the Church and Temple paid, if they agreed to pay for damages, City insurance would have covered it already. The exposure for personal injuries insurance said it would not raise the rates if the shelter included dogs. The hold harmless clause ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 6 of 7 was in place so the Temple and Church could defend the claim and cover costs. Barbie Breneiser/1128 Old Hwy 99 South/Explained she volunteered at the Presbyterian Church shelter for the past five years. The Presbyterian shelter welcomed dogs from day one, never had issues with dogs except for occasional accidents. Because the shelter welcomed dogs, they had more guests. Council noted concern regarding liability. The liability to a city was considerably different from a faith agency. Other concerns were feasibility, compatibility for people who do not do well with dogs, pets other than dogs, and volunteer burn out. Finally, the proposal did not appear to have gone through RVUUF or Temple Emek Shalom for approval. Councilor Voisin/Rosenthal m/s to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week though April, 2013, and repealing Resolution No. 2013-01," on the condition that Unitarian Universalists and Temple Emek Shalom agree to the conditions. DISCUSSION: Councilor Voisin stated the volunteers' testimony convinced her. The proposal clearly covered any risk in regard of a pet attacking another pet or an individual and alleviated liability. Councilor Rosenthal noted Council voted to provide a service to the community and prohibiting pets limited that service. It did not appear to be that much more of a risk than other events sponsored by the City and thought the City should try it and gather hard data. City Attorney Dave Lohman addressed issues in the proposal regarding insurance deductibles. The City had a yearly $10,000 deductible for property damage and a $50,000 deductible for personal injury. Another issue was the hold harmless clause that would cover defense costs in a lawsuit. Both faith agencies' insurance policies would cover the City although he had not seen those policies yet. Councilor Marsh thought it unlikely they would hear from the faith agencies before March and the shelter ended in April. She did not think there was enough to be gained by pushing the issue and would oppose the motion. She suggested a compromise that when temperatures dropped to 20 degrees or below and threatened life on the streets, the City bend the rules and allow pets for the health and safety of citizens. Councilor Slattery agreed with Councilor Marsh. He thought eventually they could accommodate the request but it was unclear how at this time. He wanted to know the process and documentation for vaccinating pets. The Council was in charge of the fiduciary responsibilities of the City and allowing animals not vaccinated into a public building was a huge liability issue. He was willing to listen, wanted the shelter to be successful, but was not convinced the City was where it should be to allow pets. Councilor Lemhouse explained the City represented the entire community and could not put it in a position of liability. He had issues with the proposal. Section 3 Shelter Policies would modify language that deleted pets and weapons. The proposal also cited information determined factually incorrect by City staff. Under Risk, the proposal editorialized against the Council and was inappropriate. Receiving new information the day of the meeting was not the way to conduct business. He wanted hard data too but later when processes were set up better. He was also concerned with over burdening volunteers. Councilor Morris would not support the motion. He appreciated Councilor Marsh's idea and thought the shelter would eventually allow pets but the City was not there yet and the proposal was not complete along those lines. The resolution expired in April and that was a better time to review it for the following year and come up with a suitable compromise. Mayor Stromberg observed the relationship some of the homeless had with their dogs was unusual and the odds were low dogs caused problems in shelters. However, the shelter was on city property and that made it difficult. The City had deep pockets, was highly regulated with a lot of exposure. It was ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 7 of 7 interesting to know what went on in the private shelters but that did not necessarily transfer. Council had identified remaining issues and other factors that needed attention before going forward. Roll Call Vote: Councilor Voisin and Rosenthal, YES; Marsh, Slattery, Lemhouse, and Morris, NO. Motion failed 2-4. Councilor Marsh/Slattery m/s to amend the emergency shelter policy to allow pets to come into an emergency shelter when the temperature is 20 degrees or lower. DISCUSSION: City Administrator Dave Kanner suggested staff bring back a draft resolution repealing the emergency shelter resolution. Councilor Slattery wanted the resolution well thought out with documents to Council in time to answer questions regarding vaccination, crating, and clean up. Councilor Marsh thought this was an alternative in terms of severe weather. The emergency shelter only opened for extreme circumstances and thought Council was morally responsible for reaching beyond comfort levels. Councilor Lemhouse would support the motion. Since it was an emergency shelter, it loosened the rules and wanted to know how it would affect liability. Roll Call Vote: Councilor Marsh, Voisin, Rosenthal, Slattery, Lemhouse, and Morris, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 9:41 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor '.N ti=4 0 0 J PROCLAMATION • In 1911, International Women's Day was honored the first time in Austria, Denmark, Germany and Switzerland. March 8 is celebrated across the world as International Women's Day and provides an opportunity to recognize the achievements of women and their contribution to society. • We recognize that women have played an extraordinary role in Ashland's history and continue to be a source of strength and leadership in our city. • On this day, women can celebrate the progress that has been made but also contemplate those areas of women's lives where more can be done. Women's access to education, health care and paid labor has improved, and legislation that promises equal opportunities for women and respect for their human rights has been adopted in many countries. • However, nowhere in the world can women claim to have all the same rights and opportunities as men, and until we all work together to secure the rights Y and full potential of women, lasting solutions to social, economic and political problems are unlikely to be found. • We need to see changes that transform relationships between women and men, so women will be able to take greater financial, political and physical control of their lives. • International Women's Day addresses the social, economic, and political barriers still facing women and girls while celebrating their achievements and the progress that have been made in support of women's equality. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of. Ashland, hereby proclaim March 8, 2013 as: sa International Women's Day Dated this 5a' day of March, 2013. John Stromberg, Mayor Barbara Christensen, City Recorder CONSERVATION COMMISSION MINUTES 6:00pm-8:00pm -January 23, 2013 Community Development Building 51 Winburn Way, Ashland, OR 97520 To be approved at the February 17, 2013 Commission Meeting CALL TO ORDER Chairperson Beam called the meeting to order at 6:00pm. Attendees: Thomas Beam, Risa Buck, Roxane Beigel-Coryell, Jim Hartman, Cat Gould, Mami Koopman, Jim McGinnis, David Runkel, and Mark Weir. City Council Liaison: Carol Voisin Staff Representative: Lee Tuneberg. Adam Hanks, and Mary McClary' APPROVAL OF MINUTES Acting Chairperson Weir asked for approval of the minutes for D✓ey her 19, 2012. Commissioner Weir moved to approve the minutes jor December 19, 1011, seconded by Commissioner Buck. Voice Vote: All Ayes. The motion passed with a unanimous vote ?Commissioner Weir moved to approve the, WaSub commrttee minutes, seconded by Commissioner Could Voice Vote: All Ayes. The motion passed wttha unanimous vote. Y ANNOUNCEMENTS The next Conservation Commission meeting would be held,1 ebruary'27 2013. The next Master Recyclers meeting would beheld on Wednesday, January, 30 2013. Interested parties can also receive more N p, ~r ww'icrec~cle ore/ information on the Master Recvcle5rs' web page htto://w k e r Upcoming sub-committee mee gWater February 11,2013\11 5:45pm, Mitland.Public Library Chairperso 3Beam moved Quarterly Liaison reports by Ashland District representative, Jim Hartman to the next item. PUBLIC FORUM Russ Chapman, from the Ear[ ",Day planning committee, asked the Commission to support the Earth Day event as they have done in the past with a monet ry donation o`($1,000.00. The Commission discussed how funds for the project were utilized and +fTy x R.t u! how the project was funded as a whole ~Commissioner Buck reminded the Commission the annual Conservation Awards were presented at the Earth Day event. Ttic`Go'mmissioners decided to discuss the contribution during the budget discussions. The e..i Earth Day event's theme this year, Taking the Next Step, will be held at Science Works on April 20, 2013. Their purpose would be to focus attention to personal lifestyles and business practices. Hanna Sole spoke to the Commission regarding a project from the Southern Oregon Climate Action Network Community Climate Change Event, on February 17, 2013 at the Medford public library. She invited the Commission to have a table at the event and also asked for suggestions and advice on how they could reach out to more members of the community. They planned to have speakers, discuss actions plans, personal participation, and collect tiles to create a large salmon image that would be placed in front of the Medford Library. The event was coordinated with the National Day of Climate Action event also held on February 17, 2013. Chairperson Beam closed Public Forum. QUARTERLY LIAISON REPORTS Jim Hartman introduced Gary Sick, the facilities director for the whole school district, whose mission is to make everything run as effectively as possible utilizing conservation methods thereby reducing costs. He has recently focused on the reduction of lighting in large buildings when no one was present by utilizing motion sensors and an added benefit was reducing vandalism opportunities. He has primarily focused on how to reduce energy, gas, and water which has been decreasing each year. They use electronics in order to excel in efficiency and reduce paper costs. Commissioner McGinnis spoke about companies that use software to help locate excess usage of resources and then take a percentage of savings for their work. Gary believes conservation measures are an on-going process, "never a day when you are done." Counselor Voisin voiced concern about using irrigation water, and Gary remarked he was researching the ability to use "dirty water" for irrigation to maintain the current appearance of the schools and also minimize the water usage. Presently, the only school using dirty water was the Ashland Middle School, the rest were all domestic. Commissioner Gould commended his method of hand weeding as opposed to pesticides. She asked if there was any school policy to allow grass to die in the summer months and his explained he was trying to maintain the current standards and conditions by using different blends of grasses. He remarked their trucks followed.a no idling policy and were turned off when not in use. Commissioner Koopman asked about utilizing solar water heating and he explained they have a small solar system at the Belleview School. Chairperson Beam thanked him for his great presentation and taking the timedo come to the Commission meeting. CITY ADMINISTRATOR Chairperson Beam introduced Dave Kanner, City Administrator f~ City of Ashland; o the Commission. The Commissioners introduced themselves to Dave and spoke to~whom they represented. Dave,offered to answer and questions/concems of the Commission. He spoke to them about hissincere support of Cons rvation by restructuring an employee job to include management of the Conservation Divis on, a liaison the Commission and_ also moving that position into his Administration team. Their discussions included: • Sustainability plans • Conservation manager position • Executing action.items---\ • City goals, long term-and short term • Commission support of rty,goals • Plans for Capital projects insuring efficient energy/water use • Leed Standards • Automobile infrastructure; multi-mobile` •/Department of Energy 20%o redo t oic -goal'over next 10 years v • AFuPN nding ation ' capab`fransport •ilities • Energy savings performanc \ e contracts (ESPC) • Actual analysis of energy savings U • Smart Grid\ Chairperson Beam moved item \2012-/_ 013 Goals to last part of the meeting. UNFINISHED BUSINESS 2011-13 Commission Master Calendar Review Items of discussion: Compost classes (aske to be on next month's agenda) Wastewater RFP Concrete Project behind Parks and Rec RFP Change March meeting to 3`" week, instead of 4'" due to spring break Conservation Awards Planning for 2013 Commissioner Runkel summarized the subcommittee minutes including increasing the representation from all schools, the awards, replacing pictures to an award plaque with added names each year, and all without a possible increase to the budget for the project. Chairperson Beam talked about possible sponsors for awards and increased participation would increase community awareness. Award planning to be placed on next meeting's agenda and include recommended applicants. Commissioner Koopman motioned the Commission approve the recommendations of the Award Subcommittee for the presentation of 6 awards this year and that $600.00 be allocated from the Commissions Budget to cover the cost of the awards program. Commissioner Weir seconded the motion. Voice Vote: All Ayes. The motion passed with a unanimous vote. STAFF REPORT Set aside. Commissioner Weir asked for an organization chart for the Conservation Division. Adam explained his newjob title, Management Analyst, included the general responsibilities of managing the Conservation Division, operation of the sustainability plan and also overseeing the city's component for economic development. Lee Tuneberg announced with the restructure of Adam's job, he would no longer attend the Commission meetings, but would continue to be a resource for the Commission. The Commissionthanked Lee for his diligence and continued support of helping shape the Commission, his support as a Conservavion manager and his continual support of their mission and goals. NEW BUSINESS Waste Prevention/Reduction Opportunities Commissioner Buck spoke to the Commission regardmhone books and similar books delivered around the city to residents without requests and the litter/waste this continually creates. She stated the city had an ordinance that prevents unsolicited materials, but was not enforced. Adam explained aboout code compliance and how best to communicate their concern to the citys~,3' Yr Commissioner Weir made a motion asking crry"stafJto pursue cod!mipliance of materials that gets dropper/ on 11 door steps, thrown on lawns or any scattering rubbish Commissioner Gould seconded the motion. ,X Voice Vote: All Ayes. The motion passed with a unanimous vote. X 1119Z 2 Adam will report back t6 the Commission within 90 days^+ ✓ m i COUNCIL LIAISON REPORT did not mention anything about Conservation. She also Councilor Voisin was disappointed [het tECtnzen su' cy~ announced°thCo Heil goal setting~will'be on.l'ebruary 2ndN,1 om 9-3pm, and the public was welcome. NEW BUSINESS J Commission 201 Gools The Commission made a list of possible goals: • AntiIdling within the school zones m • Storm Drain;monitoring ractices/recommendations • Car wash pr • Climate Chang\Z-101 I e regional effort • Sustainability ' • Overall transportation & emissions in Jackson County • Solar Energy • Weatherization Program • Water prevention striving toward zero • Zero waste • City support energy savings/conservation • 4'h of July • Earth Day • Tier 2 Power issues • Green Business Adam and Chairperson Beam would work on the list of goals and bring them to the Commission at the next meeting for approval. Climate Change Commissioner McGinnis spoke to the Commission about how the City of Ashland only addresses climate change in one specific area in the city master plan. There are state and local activities currently preparing for climate change. Materials for review for valuable information include: The Rogue Basin's report of 2008 regarding climate change, State of Oregon Climate Action Change Adaptation Framework in 2010, and EPA's Climate Ready Water Utilities Plan. Jim presented a PowerPoint presentation complied by the International Panel of Climate Change (IPCC) in reference for Federal and States. Commissioner Gould moved to extend the Commission meeting up until 8:15pm. The motion was seconded by Commissioner Weir. Voice Vote: All Ayes. The motion passed with a unanimous vote. Commissioner McGinnis would like to see the Commission continually become aware of what activities different entities were performing within the State and National level, and promote the city's involvement toward reduction goals by 2040. Commissioner Weir was interested in the Commission making recommendations for the city's RFPs to include Climate Change adaptation strategies. Adam explained these recommendations could become el m nts in the processes and policies within the annual capital improvement plans process. Gary Sick added he would like to;see all'RFps include American made products and Av "g, services, reducing the carbon footprint. Commissioner Buck would like to,see the.infrastructure integrated so it would have an effect throughout each process. Councilor Voisin also explained RFPs areawarded?based on criteria, and criteria can be weighted as the department deems necessary, so it could include these suggestions OTHER BUSINESS FROM COMMISSIONERS NOTON AGENDA Set aside ADJOURNMENT ~r The meeting was adjourned at 8:12. M nr =`i a ~q ti Respectfully submitted by: Mary McClary Administrative Assistainfor,Electric 1Tand•- The Telecommunication Deuhmew. 9;'E v In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Tidal). CITY OF ASHLAND MINUTES FOR A MEETING OF THE ASHLAND FIREWISE COMMISSION Wednesday, January 16th, 2013 12:OOPM to 1:00PM Conference Room, Ashland Fire Station #1 455 Siskiyou Blvd 1. CALL TO ORDER II. INTRODUCTIONS III. APPROVAL OF MINUTES: December 19'h, 2012 meeting Minutes approved. IV. PUBLIC FORUM V. ADJUSTMENTS TO THE AGENDA VI. BUSINESS Note: Minutes are brief due to most of the meeting focusing on development and editing of Goals document A. Election of annual officers: Chair and Vice-Chair Ron Parker elected Chair, and Kathy Kane elected vice chair B. Collection of hours reports, totaled 150 hours C. Complete Commission 2013 goal setting D. Discussion of Firewise Community networking survey and meeting goals: Eric Olsen and Pete Norvell will work with Ali on this E. Firewise updates: Firewise Clean-up Day partnership potential, MYFN meeting 2/26 F. New member outreach VII. COMMISSIONER COMMENTS VIII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next meetings February 20'h, 2013 and March 20, 2013 IX. ADJOURN: 1:00 PM In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Office at 488-5587 (7TYphone number 1 800 735 2900). Notification 48 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). CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Report on Full Faith & Credit Bond Sales - $6,345,000 Tax-Exempt Bonds for Public Works and Parks Projects; $11,675,000 Taxable Bonds Refunding Ashland Fiber Network Debt FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY The City issued $6,345,000 Full Faith and Credit Bonds for a variety of public improvements and $11,675,000 Full Faith and Credit Bonds for AFN debt. This is a report on the bonds approved by Ordinance 3079 on December 18, 2012. No Council action is required. The bonds were sold on February 7, 2013 and will close on March 7, 2013. BACKGROUND: The City of Ashland issued $6,345,000 Full Faith and Credit Bonds, Series 2013 (Tax-Exempt) (the "Tax-Exempt Bonds") to finance water, wastewater, stormwater, street and parks improvements, and refinance the City's outstanding Water Revenue Bonds, Series 2003 (the "2003 Bonds), for debt service savings. Bond proceeds will be sufficient to provide $4.8 million for new project, refinance the 2003 Bonds and pay the costs of issuing the Tax-Exempt Bonds. On February 7, 2013, the City received five bids from investment banking firms to purchase its Tax- Exempt Bonds. The City sold the bonds in a market where interest rates are at historic lows and competition for the bonds produced bids ranging from 1.89% to 2.08%. Moody's Investors Service has assigned an "Al" rating to the Tax-Exempt Bonds. The City awarded the bonds to Robert W. Baird & Co., Inc., Red Bank, New Jersey, whose bid provided the lowest true interest cost (TIC) to the City. The 2003 Bonds being refunded carried an average interest rate of 3.70%. The all-in TIC (the interest rate which accounts for all costs associated with the refunding) for the new bonds associated with the refunding is 1.56% (which amortize over a 10-year period). The refunding results in $162,000 gross savings, equivalent to $151,000 in net present value. The refunding reduces annual debt service by an average of $15,000. The all-in TIC for the bonds associated with new projects averaged 2.05%, and those bonds are amortized over a 15-year period. Facts on the entire Tax-Exempt Financing: True Interest Cost (TIC) 1.88% All-in true interest cost (TIC) 1.96% Page I of 3 11FAW, CITY OF ASHLAND Average annual debt service $504,000 Total debt Service $7,343,000 Final maturity October 1, 2027 Facts on the portion associated with the refunding of the 2003 Bonds: Interest rate on the 2003 Bonds 3.70% All-in TIC on the refunding (new) obligations 1.56% Annual debt service savings $ 15,000 Present Value Savings $ 151,000 The City of Ashland also issued $11,675,000 Full Faith and Credit Refunding Bonds, Series 2013 (Federally Taxable) (the "Taxable Bonds") to refinance the City's outstanding Full Faith and Credit Bonds (AFN), Series 2004 (the "AFN Bonds"), for debt service savings. Bond proceeds will be sufficient to refinance the AFN Bonds and pay the costs of issuing the Taxable Bonds. On February 7, 2013, the City received eleven bids from investment banking firms to purchase its Taxable Bonds. The City sold the bonds in a market where interest rates are at historic lows and competition for the bonds produced bids ranging from 2.23% to 2.73%. Moody's Investors Service has assigned an "Al" rating to the Taxable Bonds. The City awarded the bonds to Robert W. Baird & Co., Inc., Red Bank, New Jersey, whose bid provided the lowest true interest cost (TIC) to the City. The AFN Bonds being refunded carried an average interest rate of 5.96%. The all-in TIC (the interest rate which accounts for all costs associated with the refunding) for the new bonds is 2.32% (which amortize over a 11-year period). The refunding results in $2.01 million in gross savings, equivalent to $1.78 million in net present value. The refunding reduces the annual debt service by an average of $167,500. Facts: True Interest Cost (TIC) 2.22% All-in true interest cost (TIC) 2.32% Interest rate on the AFN Bonds 5.96% Average Annual debt service $1,188,141 Total debt service $13,544,809 Annual debt service savings $167,500 Present Value Savings $1,782,000 Final Maturity August 1, 2024 FISCAL IMPLICATIONS: The bonds refinance old debt, reimburse the City for projects underway and finances project costs for the rest of this year and into 2013-2014. Additional financing may occur for other projects but they are expected to be small in nature. The savings from the refinancing will reduce future debt service and have a tendency to reduce pressure on raising rates in the corresponding enterprises. Page 2 of 3 I`, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the report. No other action is needed. SUGGESTED MOTION: I move to accept the report. ATTACHMENTS: None Page 3 of 3 ~r, CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Award of a Contract to the Apparent Low Bidder for the Ashland Creek Sanitary Trunkline Sewer Phase Two FROM: Scott A. Fleury, Engineering Services Manager, Public Works Department, fleurys@ashland.or.us SUMMARY On February 19, 2013, bids submitted for the Ashland Creek Trunkline Reconstruction phase 2 were opened and publicly read. Bids were received from three contractors with Michels Corporation providing the low bid of $213,172. This project involves re-lining 1,449 lineal feet of sewer line along the bank of Ashland Creek, north of Hersey Street. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: The Ashland Creek Trunkline Reconstruction phase two was publicly bid on February 5, 2013. Project plans and specifications were sent to several plan review centers and were included on the City's website. Bids were opened on February 19, 2013, at 2 p.m. Three contractors responded. All three bids were valid and contained the required bonds, documentation, and acknowledgements. Bidding information is shown on the attached proposed summary. Proiect Description: Phase two of the project involves relining approximately 1,449 lineal feet of the existing trunk sewer that runs along the west bank of Ashland Creek from Hersey Street north. This relining procedure is called "cured in place pipe." It is an innovative, advanced process by which new PVC pipe material is inserted into the old pipe through existing manholes and is then "cured in place." This effectively creates a brand new, extremely durable "pipe within a pipe." It is expected to be in service for 150 years or more. The original trunkline was built in 1905 and was constructed using vitrified clay pipe material. This line was severely damaged in several places during the 1997 flood and repaired using outdated technology. Spot repairs have also been performed due to severe root damage done by large trees that grew up directly over the sewer through the years. During the previous repair processes and in the years since, it has become evident that the century old sewer has outlived its useful life and must be rehabilitated in order to bring it to today's environmental and safety standards. In 2007, initial discussions about how to address the improvement of this aging, failing trunk line called for the conventional removal and reconstruction of the sewer. This would have required the destruction of the riparian corridor along the trunk line as well as destroying the extensive landscaping installed by adjacent property owners over the years since 1905. The cost for this work was estimated at $2.25 million and would have required a lengthy and expensive permitting process involving many Page 1 of 2 CITY OF ASHLAND regulatory governmental agencies. Due to the excessively high construction cost and extremely negative impact to the riparian corridor and private landscaping, the Engineering Department decided to search for a less expensive and less destructive alternative to conventional construction methods. After videotaping and reviewing the trunk line, it was determined that CIPP would be the most economical and environmentally friendly way to proceed. Phase one of the project entailed construction of new 8" and 12" sanitary sewer mains through Ashland Creek Park and across Ashland Creek along with three new sewer manholes. The creek crossing requires special structural footings for holding and securing the creek crossing pipe in order to handle storm and high water events. The construction also required the installation of numerous tree protection and erosion control measures while working within the riparian corridor of Ashland Creek. FISCAL IMPLICATIONS: The Ashland Creek Trunkline Reconstruction phase two is funded directly by the City as a capital improvement project. The established budget in the CIP for phase one and two was $458,750. Phase one of the project final cost came to $217,125 leaving $241,625 to complete the phase two segment. Related City Policies: AMC Section 2.50 requires the Council, acting as the contract review board, approve all material and services contracts in excess of $100,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council accept the bid and authorize the award of contract to Michels Corporation in the amount of $213,172 for the Ashland Creek Trunkline Reconstruction phase two. Reasons for acceptance include: 1. The bid is the lowest of three received. 2. The bid is a valid legal bid containing all necessary information and bond. 3. A rebid of the project would result in additional costs encumbered by the city and possibly higher bid results. SUGGESTED MOTION: Move to approve the bid and award of contract to Michels Corporation in the amount of $213,172 for Ashland Creek Trunkline Reconstruction phase two. ATTACHMENTS: 1. Summary of bids Page 2 of 2 Z ~ z F A 3 C r^ ti a W T/~ Y W O N U Q .a E y a a ~ a U o p N F I~ ~ M W O ~ U U W w ~ U I y ~ Y w o ~I O 3 p C4 C~ ^ ~ v t7 M O y N 0. ° .-I 0 O A O F O U m ~ rl A VI ~ O Y o ~ r 1 ^ •C s o ~ ~ cl ❑ y 3 ¢ N W x N O U ds U U 96 rHl ~ ~ r .o O 07 m o n U 0] v ~ p] w ° ~ ~ c z ¢ o w o p ° 3 U U O w O y O ❑ O 3 0 0 0 R O F O 'O U C1 zca¢a,¢¢ a`0. C]Z z Coo CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Jackson County Scenic Bikeway Letter of Support FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY Jackson County is requesting a letter from the City in support of State Scenic Bikeway designation for two routes that travel through Ashland. The Cascade-Siskiyou Mountain Lakes Loop begins and ends at the Rogue Valley Roasting Company and travels out East Main to Highway 66, crosses at Hyatt Lake/Howard Prairie, and returns to town on Dead Indian Memorial Road. The Reservoir to Rogue route begins at Emigrant Lake, travels south through town to the Bear Creek Greenway, continues the length of the trail then travels on a combination of roadways and Rogue River Greenway segments to the City of Rogue River. BACKGROUND AND POLICY IMPLICATIONS: Oregon State Parks is accepting applications for State Scenic Bikeway designation from local proponents until March 15, 2013. There are currently ten designated Scenic Bikeways in Oregon, and none in Southern Oregon, despite our region having some of the best biking in the state. If the route(s) is/are selected to move forward, Jackson County will work with stakeholders to develop management plans addressing signage, marketing, and management of the bikeways. Benefits of designation include promotion of the routes through Oregon Parks & Recreation Department (OPRD) and Travel Oregon. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve a letter of support for Jackson County for the Scenic Bikeway applications. SUGGESTED MOTION: Move to approve the letter of support for a Scenic Bikeway designation in Southern Oregon. ATTACHMENTS: Letter of Support Page I of I PFFAM CITY OF ASHLAND March 5, 2013 Alex Phillips Oregon Parks & Recreation Department 725 Summer Street NE Ste C Salem, OR 97301 Dear Ms. Phillips, The City of Ashland would like to express our support for the Cascade/Siskiyou Mountain Lakes Loop and the Reservoir to Rogue Scenic Bikeway applications and designations. We have jurisdiction of several roads on the routes, including East Main Street, the Central Bike Path, A Street, Van Ness Avenue, and Helman Street, and we also manage the segment of the Bear Creek Greenway from the Dog Park to South Valley View Road. We are excited to promote biking in and around Ashland, which has earned a Bronze level Bicycle Friendly Community Designation and is in the process of pursuing an even higher level. These two proposed Scenic Bikeway routes highlight some of the best biking in Southern Oregon, and we're happy to be a part of and support the efforts to give them the designation they deserve. Sincerely, Dave Kanner City Administrator ADMINISTRATION Tel: 541A88-8002 20 East Main Street Fax: 541A885311 Ashland, Oregon 97520 TTY: 800-735-2900 /r w ,ashland.or.us At 10054 Post Consumer Content CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting First Reading of an Ordinance Amending AMC Chapter 15.28 regarding Ashland Fire & Rescue Cost Recovery Fees FROM: John Karns, Fire Chief, kamsj@ashland.or.us SUMMARY Ashland Fire & Rescue (AF&R) responds to requests for rescue services in remote areas such as the Ashland Watershed, the Colestine Valley area, and the area leading up to Greensprings. These areas are within the Ambulance Service Area of the department but fall outside of the department's fire and rescue jurisdiction. Personnel are often sent to assist the paramedics with treatment/movement of the patient(s). At this time AF&R does not have the language in the cost recovery ordinance that would allow recovery of those costs. Amending the cost recovery ordinance will allow AF&R to bill for and recover costs associated with rescue services provided in remote areas. BACKGROUND AND POLICY IMPLICATIONS: Recreational activities in remote locations continue to increase each year. Emergency responses into the backcountry and remote areas are often time consuming and manpower intensive. Physical rescue responses into remote areas typically last three - four hours and require four or more trained personnel. Extracting patients on a stretcher utilizing trails that can be narrow and steep requires a well coordinated effort with substantial resources. During these events when the departments' remaining staffing level falls below four, off duty personnel will be recalled at overtime rates. AF&R would like to recover the cost of personnel and specialized equipment that are utilized on these types of responses. FISCAL IMPLICATIONS: These fees are intended to partially recover the costs of AF&R's rescue services outside the department's jurisdiction and mutual aid agreements, thereby reducing what is effectively a subsidy from elsewhere in the department's budget. Actual net revenue generated will depend on the frequency and duration of remote area rescue calls. STAFF RECOMMENDATION AND REQUESTED ACTION: Amend cost recovery ordinance to include remote area rescues. SUGGESTED MOTION: I move first reading by title only of an Ordinance titled, "An ordinance amending AMC Chapter 15.28 regarding AF&R cost recovery fees." ATTACHMENTS: Draft Amended Ordinance. AMC Section 15.28. Page I of I Ir, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 15.28 REGARDING AF&R COST RECOVERY FEES Annotated to show a°'nsand additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. 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); WHEREAS, the number of emergency service responses continue to increase each year, environmental protection requirements involve an increased level of equipment and training, and hazardous materials incidents create substantial demands on all operational aspects of emergency services; WHEREAS, motor vehicle collisions are requiring an increasingly complex array of extrication equipment due to modern vehicle construction and materials; WHEREAS, Ashland Fire and Rescue has investigated numerous methods to maintain high levels of emergency service capability in times of increasing service demand and fiscal challenges; WHEREAS, many motor vehicle collisions and hazardous materials incidents involve individuals not owning property or paying taxes in the City of Ashland; WHEREAS, recreational activities in remote locations continue to increase each year, safety requirements mandate technical training, and expensive equipment, increasing demands on all operational aspects of emergency services; WHEREAS, greater numbers of personnel are needed to rescue a victim from remote areas due to the location and nature of the call; and Ordinance No. Page 1 of 6 WHEREAS, an increase in overtime for call back personnel is needed to maintain department staffing levels during these events. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code, Chapter 15.28 Fire Prevention Code, Sections 15.28.030 Definitions; 15.28.080 Appeals; Section 15.28.140 Firefighting Outside City - Assessment; and 15.28.170 Cost Recovery Fees are hereby amended to read as follows: SECTION 15.28.030 Definitions. The following definitions govern the construction of this Chapter: Al. "ijurisdiction" is as used in the Oregon Fire Code, it-is means Wherever- the wor-d the City of Ashland. 2 Wherever the -°°-a° "Department of Fire Prevention" ere as used in the Oregon Fire Code, means "Fire & Life Safety Division." 3. "Apparatus cost" means the standardized cost, including repairs and depreciation, for the use of Ashland Fire and Rescue ("AF&R") and public works apparatus or equipment, as set forth in adopted regulations of the State Fire Marshall or in City resolution, and the cost for the use of apparatus or equipment of another iurisdiction which may respond to an incident pursuant to statute or intergovernmental agreement. 4. "Direct costs" means those costs of supplies, apparatus and labor incurred by the City or another iurisdiction in responding to an incident and as may be set forth in adopted regulations of the State Fire Marshall or in City resolution. 5. "Direct fire or rescue services" means any service provided by employees of the City, (1) to a person whose person or property is injured or threatened with injury: or (2) to a person whose property has injured or threatens to injure another person or another person's property, for which a charge is not otherwise imposed under this code. "Direct fire or rescue services" includes, but is not limited to, the suppression of fires, the rescue of persons or property, the provision of medical assistance, and containment and cleanup of hazardous materials. 6. "Indirect costs" means those costs that are set forth in adopted regulations of the State Fire Marshall or in City resolution, and which are the product of the state "average response availability rate," and the time spent responding to an incident, together with the state "average support services cost per incident," as defined by the State Fire Marshall. 7. "General costs" means direct or indirect costs that are not attributable to any particular person who received direct fire and rescue services. 8. "Gross negligence" means conduct with conscious indifference to or reckless disregard of the rights of others. 9. "Labor costs" means the compensation paid by the City to its employees, including but not limited to base pay, overtime pay and fringe benefits, during the time spent responding to an incident. Ordinance No. Page 2 of 6 10. "Railroad right-of-wav" means a right-of-way used for rail transportation. l1. "Transportation route" means a roadway or waterway against which no taxes or assessments for fire protection are levied by the City. SECTION 15.28.080 Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for, or imposes a fee, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the Ashland Fire Code Appeals Board as defined by Appendix A of the Oregon Fire Code within 30 days from the date of the decision appealed. SECT-!ON 15.28A40 Firefighting Outside City Assessment. be extinguished by the fire departmen Whenever u fire is e.a.a...bum..a,v of attempted a outside the City of Ashland the owner of th ae property in .alyed : .eh fire shell pay for- the eest of providing sueh fire sup. s follows: A Tar the first hour-'... P.eaat:'-" the'r eaet'. 1 Pumper- a ratus $250 nnn....._ 2. Brash apparatus $100.001hotw z Resene standby $100.00/hour- 4. Tian each pieee of a ratus per hour following the first hour- nt shall be froetional basis to the r nest 15 minutes. 13-. Personnel east shall be aetual eost with a m*nimum eharge of one hour for- efteh per-son responding to the fire f plus all personnel eosts in excess of regular- u.... .v, ..wa.b per -son performing standby ae to be billa.ed a asu w a. fractio .al basis tae thae r est fi fteen min etas aPtaer th . awa.ed y) to be v.uu first hour for- any freetional pof4ions of hours of serviee. (Ord. 2711, 1993), SECTION 15.28.170 Cost Recovery Fees. A-. Fees Established. The City of Ashland Fire and Reseue Sen4ees shall eharge user- fees- for the delive", of Fire and Reseue Sef-Aees, personnel, supplies and equipment to the seene of motor vehiele eallisions and hazardous materials ineidents as established by resolution. B-. Responsible a she user fee shall be 'Ease'd to th ae r sible party. The, responsible pai4~, is the per-son or- entity that was at fault in the ineident. if fault eftfln be deter-mined, involved shall be held ..flea a nd s ..ally liable for th be then asi par-ties A F when it responded to th ae : '.:damn The aeost shall be in addition to any other eosts or claims sueh as damage to vehieles, damage to property, or injuries. C. imposition of Fees. 1. Motor Vehiele Collisions & Hazardous Materials ineidents. The user fees for motor vehiele eoll-sions (MAIC) and hazardous materials ineidentswill only apply to per-sons not residingwithin the City of Ashland as the residefitswithift the eit~, Ordinance No. Page 3 of 6 boundaries eur-r-ently subsidize P. eosts through their propet4y taxes. However-, responses involving intoxiented drivers, hazardous materials elean up, and negligent nets may be subjeet to all applienble fees regnrdless of resideney. 2. Utilities. in the event that damage to utilities is eausing a safety hazard on ft publie right of way that eauses emer-geney responders to deem the area unsafe and r-entain on seene until the hikzard is eliminated, user fees shall be assessed to the responsible party, ineluding the utility W equipment related pr-A-h-lpmq Ar-e emming emer-geney seFi,iees to respond-. D. Billing Procedures. Ashland Fire find Reseue shnil seFve the owner- and the per-son responsiblewith a notiee stating the total PA-qt of oil fees shall be paid within thirty (30) days, and stating that the bill eon be disputed by filing an appeal pursuant to 2.30.020- A. Fire and Rescue Service Charges Imposed 1. Any person receiving direct fire and rescue services from AF&R as a result of a motor vehicle collision, a hazardous materials incident, a victim rescue or an occurrence on a railroad right-of-way or transportation route that requires AF&R service shall be liable to the City for the direct and indirect costs incurred by the City in responding to the incident. 2. When more than one person receives direct fire and rescue services from AF&R in a single incident, the general costs incurred may be apportioned pro rata among the recipients of the services not otherwise exempt from payment or among the parties involved in the incident, or through any other apportionment which reasonably allocates the costs of the benefits received. B. Exemptions from Charges 1. Except as provided in this section, a person liable for a charge imposed under Section 15.28.170 shall be excused from paving the charge if the person presents satisfactory proof to the City that, at the time of the incident giving rise to the charge, the person was a resident of the City, owned real property within the City, or was the holder of a valid license from the City issued under Chapter 6.04. 2. The exemptions of this section do not apply to: a. Drivers of vehicles under the influence of alcohol or drugs; b. Persons who commit acts of gross negligence or are otherwise in violation of local law or state statute; c. Persons causing incidents that require hazardous materials clean-up; or d. Persons seeking or reasonably deemed by AF&R to require AF&R rescue services outside the city limits of Ashland. C. Interest on Charge Any charge imposed under this section shall be due to the City upon demand or billing by the City. Any person who fails to pay such charge within ninety (90) days of receipt of a bill from the City shall also pay interest on the charge from the date of the billing at the rate of 12 percent (12%) per year; interest for a fraction of a year shall be prorated. Ordinance No. _ Page 4 of 6 D. Use of Payments Received Fire and rescue service charges collected by the City shall be deposited in accounts designated for such payments. Funds in such accounts shall be expended only for operational costs of the tire department, police department, or the public works department, to reimburse the City for costs of administering and collecting charges for fire and rescue services. E. Failure to Pay Charge - Violation 1. Any person who fails to pay a fire and rescue service charge within ninety (90) days of receipt of a bill from the City, or within such additional time as may be allowed by a written extension of time by the Fire Chief, is in violation of this code. The issuance and enforcement of a citation for this violation is governed by the provisions of AMC Chapters 1 and 15, and any other remedy provided by municipal or state law. 2. It shall be a defense in any proceeding that: A.. The person did not receive fire or rescue services; b. The person is exempt from the payment of the charge; or L. The charges were improperly computed and billed. 3. Failure to pay a fire and rescue service charge when due shall also subject the obligee to the general penalties for violation of City ordinances and any other remedy provided by municipal or State law. UF.Appeal Procedures. The person responsible may appeal AF&R' s determination of the user fees pursuant to AMC 2.30.020 [Administrative Appeals Process]. In the event of a timely objection or appeal, the costs, if any, shall be due upon conclusion of the objection or appeal process. 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", "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 2-3) 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 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder Ordinance No. Page 5 of 6 SIGNED and APPROVED this day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. _ Page 6 of 6 ASHLAND MUNICIPAL CODE CHAPTER 15.28 FIRE PREVENTION CODE SECTIONS: 15.28.010 Adoption of Oregon Fire Code 15.28.020 Establishment of Duties. 15.28.030 Definitions. 15.28.040 This section intentionally left blank 15.28.050 This section intentionally left blank 15.28.060 Restricted uses during fire season 15.28.070 Amendments to the Oregon Fire Code 15.28.080 Appeals. 15.28.090 New Materials, Processes, or Occupancies - Permits required 15.28.100 Penalties 15.28.110 Severability. 15.28.120 Firefighting Outside City - Authorized. 15.28.130 Firefighting Outside City - Resources. 15.28.140 Firefighting Outside City - Assessment. 15.28.150 Plan Review/Permits - Fees. 15.28.160 Code Compliance Inspection - Fees. 15.28.170. Cost Recovery Fees SECTION 15.28.010 Adoption of Oregon Fire Code The 2010 Oregon Fire Code and appendices A through L & SR are hereby adopted, except where specifically excluded or modified by this section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code. One copy of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder. (Ord 3037, amended, 09/07/2010; Ord 2944, Amended, 11/06/2007; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.020 Establishment of Duties. The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the Oregon Fire Code. (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/052006) SECTION 15.28.030 Definitions. A. Wherever the word "jurisdiction" is used in the Oregon Fire Code, it is the City of Ashland. Wherever the words "Department of Fire Prevention" are used, they shall mean "Fire & Life Safety Division." (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.040 This section intentionally left blank (Ord 3037, amended, 09/07/2010; Ord 2944, Amended, 11/06/2007; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.050 This section intentionally left blank (Ord 3037, amended, 09/07/2010; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, Page 1 of 6 ASHLAND MUNICIPAL CODE 01/05/2006) SECTION 15.28.060 Restricted uses during fire season A. When the Fire Code Official determines that an increased fire risk exists in the City of Ashland, the Fire Code Official, may enact a policy to restrict activities that increase the potential for the ignition of fires that create a hazard to life, property or resources. B. The policy must indicate what activities are restricted, and the time period for which the restriction will be in effect. C. For the purposes of consistency and coordination between all cooperating agencies with adjacent boundaries, a plan shall be developed by the Fire Code Official in cooperation with the Oregon Department of Forestry and other federal, state and local governmental agencies affected by the restrictions. The primary objective of the plan is to achieve uniformity of fire restrictions regardless of land ownership; however, exact uniformity is not required. The plan shall recognize variations in fire danger, and it shall specify levels of restrictions by unique but easily recognizable geographic boundaries. D. Permits may be issued by the Fire Code Official or designees, which allow a person to conduct a restricted activity as long as specified fire prevention measures are taken to reduce the potential for fire ignition. (Ord 3037, amended, 09/07/2010; Ord 2944, Amended, 11/06/2007; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.070 Amendments to the Oregon Fire Code The Oregon Fire Code is amended in the following respects: Oregon Fire Code section 105.6.30 Open Burning. Delete and replace with the following: See Ashland Municipal Code 10.30. A. Section 506.1 Add the following sentence: The key box shall be installed and maintained in accordance with the manufacturer' s instructions, and shall contain keys to gain necessary access as required by the fire code official. B. Section 507.5.1 Delete and replace with the following: Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet. 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR 837-012-0675, the following are prohibited within the City of Ashland. 1. The sale and/or use of retail fireworks as defined in OAR 837-012-0610 is prohibited at all times; 2. The sale and/or use of sparklers as defined in ORS 480.110 is prohibited at all times; 3. The use of retail fireworks within the City is prohibited at all times; and Page 2 of 6 ASHLAND MUNICIPAL CODE 4. The advertising of retail fireworks or sparklers is prohibited within the City of Ashland in accordance with ORS 480.152 and OAR 837-012-0665. D. Section 3301 Storage of Explosives - Prohibited. The scope referred to in Chapter 3301.1 of the Oregon Fire Code which references the Oregon Revised Statutes and Oregon Administrative Rules related to explosives is amended as follows. The sale, manufacture, possession, transfer and storage of explosives as defined by ORS 480.200 (3) are prohibited in all areas within the City of Ashland. E. Above-ground Storage of Flammable or Combustible Liquids The limits referred to in Section 3404.2.9.6.1 of the Oregon Fire Code in which the storage of flammable or combustible Class 1 and II liquids in above-ground tanks outside of buildings is restricted are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. F. Storage of Liquefied Petroleum Gases - Restricted. The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage of liquefied petroleum gas is restricted, are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan are limited to the aggregate capacity of anyone installation shall not exceed a water capacity of 500 gallons. 1. Exception: In particular installations, this capacity limit shall be determined by the Fire Code Official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the City of Ashland Fire & Life Safety Division. G. Appendix D105 - Aerial Fire Apparatus Access Roads Remove and replace D105.1 with the following: Where required. Buildings or portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Remove and replace D105.2 with the following: Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 24 feet in height. H. Appendix A1010.1 I - If the complainant or appellant is aggrieved by the final order of the Ashland Board of Appeals, the complainant may file an appeal to the Oregon State Fire Marshal's Office within 10 days of the Board's final order (ORD 3059, amended, 04/17/2012; Ord 3037, amended, 09/07/2010; Ord 3006, amended, 03/02/2010; Ord 2944, Amended, 11/06/2007; Ord 2932, Amended, 10/18/2006; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01 /05/2006; Ord 2876, Amended, 09/04/2001; Ord 2871, Amended, 08/07/2001) SECTION 15.28.080 Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the Ashland Fire Code Appeals Board as defined by Appendix A of the Oregon Fire Code within 30 days from the date of the decision appealed. (Ord 2944, Amended, 11/06/2007; Ord 2925, Amended, 04/18/2006) Page 3 of 6 ASHLAND MUNICIPAL CODE SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits required The Building Official, the Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Oregon Fire Code. The Building Official, in accordance with section 104.9 of the Oregon Structural Specialty Code, shall record and enter in the files of the building department any action granting approval of new or alternate materials. (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.100 Penalties A. Any person violating or causing violation of any of the provisions of this chapter, has committed a Class I violation, and upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is guilty of a separate violation for each and every day during which any violation of this Chapter is committed or continued by such person, firm or corporation. B. For any violations of this Chapter deemed to be life threatening, a citation can be issued for each and every occurrence, including multiple occurrences in one day. Life threatening hazards include but are not limited to overcrowding, locking or obstructing doors designated to remain unlocked, and shutting off or removing designated fire protection equipment. C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (ORD 3059, amended, 04/17/2012; Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.110 Severability. Should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of The City of Ashland that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.120 Firefighting Outside City- Authorized. In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish uncontrolled fires that are found to be burning in unprotected areas situated outside the boundaries of the City and that are causing or may cause an undue jeopardy to life or property if, in the opinion of the Fire Chief or representative, such fire is causing or may cause an undue jeopardy to life or property. (Ord. 1698 S1, 1971) (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/0512006) SECTION 15.28.130 Firefighting Outside City- Resources. In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative may employ the same means and resources used by them to extinguish similar fires within the City. (Ord 2929, Amended, 08/18/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.140 Firefighting Outside City- Assessment. Whenever a fire is extinguished or attempted to be extinguished by the fire department outside the City of Page 4 of 6 ASHLAND MUNICIPAL CODE Ashland, the owner of the property involved in such fire shall pay for the cost of providing such fire suppression service, as follows: A. For the first hour or fraction thereof: 1. Pumper apparatus - $250.00/hour 2. Brush apparatus - $100.00/hour 3. Rescue standby - $100.00/hour 4. Staff vehicle - $ 50.00/hour For each piece of apparatus per hour following the first hour, payment shall be on a fractional basis to the nearest 15 minutes. B. Personnel cost shall be actual cost with a minimum charge of one hour for each person responding to the fire emergency, plus all personnel costs in excess of regular time for each person performing standby services in place of those who respond, to be billed on a fractional basis to the nearest fifteen minutes after the first hour for any fractional portions of hours of service. (Ord. 2711, 1993) (Ord 2929, Amended, 08/18/2006: Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/05/2006) SECTION 15.28.150 Plan Review/Permits - Fees. For application in this city, Oregon Fire Code plan review fees shall be established by resolution of the city council. (Ord 2929, Amended, 08118/2006; Ord 2921, Amended, 01/05/2006; Ord 2906, Added, 04/06/2004) SECTION 15.28.160 Code Compliance Inspection - Fees. The schedule for fire code compliance inspections shall be established by resolution of the city council. (Ord 2929, Amended, 08/18/2006; Ord 2921, Amended, 01/05/2006; Ord 2906, Added, 04/06/2004) SECTION 15.28.170. Cost Recovery Fees A. Fees Established. The City of Ashland Fire and Rescue Services shall charge user fees for the delivery of Fire and Rescue Services, personnel, supplies and equipment to the scene of motor vehicle collisions and hazardous materials incidents as established by resolution. B. Responsible Party. The user fee shall be charged to the responsible party. The responsible party is the person or entity that was at fault in the incident. If fault cannot be determined, then all parties involved shall be heldjointly and severally liable for the costs incurred by AFR when it responded to the incident. The cost shall be in addition to any other costs or claims such as damage to vehicles, damage to property, or injuries. C. Imposition of Fees. 1. Motor Vehicle Collisions & Hazardous Materials Incidents. The user fees for motor vehicle collisions (MVC) and hazardous materials incidents will only apply to persons not residing within the City of Ashland as the residents within the city boundaries currently subsidize emergency service costs through their property taxes. However, responses involving intoxicated drivers, hazardous materials clean-up, and negligent acts may be subject to all applicable fees regardless of residency. 2. Utilities. In the event that damage to utilities is causing a safety hazard on a public right of way that causes emergency responders to deem the area unsafe and remain on scene until the hazard is Page 5 of 6 ASHLAND MUNICIPAL CODE eliminated, user fees shall be assessed to the responsible party, including the utility if equipment related problems are causing emergency services to respond. D. Billing Procedures. Ashland Fire and Rescue shall serve the owner and the person responsible with a notice stating the total cost of all fees shall be paid within thirty (30) days, and stating that the bill can be disputed by filing an appeal pursuant to 2.30.020 [Administrative Appeals Process]. E. Appeal Procedures. The person responsible may appeal AFR' s determination of the user fees pursuant to AMC 2.30.020 [Administrative Appeals Process]. In the event of a timely objection or appeal, the costs, if any, shall be due upon conclusion of the objection or appeal process. (Ord 3021, added, 06/29/2010) Page 6 of 6 CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Approval of 2013 Council Liaisons to Boards, Commissions, and Committees FROM: John Stromberg, Mayor, john@council.ashland.or.us SUMMARY This is the approval of the 2013 Council liaison assignments to city and regional boards, commissions, and committees. These appointments will be effective immediately. BACKGROUND AND POLICY IMPLICATIONS: Each year the Council liaisons to the City and regional boards, commissions, and committees are selected by the Mayor and approved by the Council. FISCAL IMPLICATIONS: None STAFF RECOMMENDATION AND REOUESTED ACTION: None. SUGGESTED MOTION: I move to approve the 2013 list of Council liaison assignments to boards, commissions, and committees. ATTACHMENTS: Draft list of liaison assignments Page I of 1 Council Liaison Appointments 2013 Draft 2/15/13 City, Appointed by Mayor Current Suggested and Council: Airport Dennis Slattery Greg ✓ Band Board Mike Morris Mikev Conservation Carol Voisin Rich FireWise Mike Morris Greg Forest Lands David Chapman Dennis Historic Greg Lemhouse Greg / Hospital Board Dennis Slattery Dennis Housing Carol Voisin Pam Parks & Recreation Russ Silbiger Carol Planning Mike Morris Mike Public Art Greg Lemhouse Rich d Transportation David Chapman Carol Tree Greg Lemhouse Mike City Ad Hoc, appointed by Mayor and Council: Homelessness Steering Com. Carol & Dennis Pam Jobs and Work Force(?) N/A Greg Regional, appointed by Mayor and Council: Chamber of Commerce Greg Lemhouse Pam Mt. Ashland Board Dennis Slattery Dennis RVACT John Stromberg John / RVCOG Russ Silbiger (Carol Carol Voisin as Alt.) RVMPO David Chapman Rich Regional Problem Solving Dennis Slattery N/A SOREDI Mike Morris Mike Summary by Councilor: Greg: Airport, Historic, Firewise, Jobs/Workforce(?) Mike: Band, Planning, SOREDI, Tree Rich: Conservation, Pub Art, MPO Pam: Homeless, Chamber, Housing Dennis: Hospital, MAA, Forest Lands Carol: Parks, Transportation, RVCOG John: RVACT, PSCC CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Council consideration to initiate amendments to Ashland's Municipal Code related to the establishment and operation of short term vacation rentals FROM: Bill Molnar, Director, Community Development, bill.molnar@ashland.or.us Dave Kanner, City Administrator, dave.kanner@ashland.or.us SUMMARY In August 2012, Council held a study session for staff to present an overview of the issues commonly associated with short-term vacation rentals. Council requested that the Planning and Housing Commissions evaluate the City's current land use requirements for short term rental accommodations and forward a recommendation to Council for potential action. After multiple meetings, the Commissions have prepared separate memoranda describing their position and suggested actions. The Housing Commission recommends no changes to existing land use code that regulates short term rental units, citing concerns over the detrimental effects on the availability and the affordability of both rental and ownership housing stock. The Planning Commission concluded that it had not heard convincing evidence of more demand for traveler's accommodations than can be met by the current supply and through the existing amount of appropriately zoned lands. However, the Planning Commission did feel there is a type of demand that is not being met within the City's current regulations, and that is the desire for a short term rental of an individual vacation home without owners on the premises. The Planning Commission recommends amending the Land Use Ordinance to allow for some single- unit, non-owner occupied, short term home rentals in residential zones with the following restrictions: • must be located in a multi-family zoning district (R-2 or R-3); and • must be within walking distance of the downtown area It was further suggested that Ashland may wish to set a limit on the total number of single-unit, non- owner occupied, short term home rentals within walking distance of the downtown. If Council concurs, staff will bring back options for placing limits on this type of short term home rental based upon a defined geographic area and maximum total number of establishments. In addition, as staff began examining issues arising from the proliferation of short-term vacation rentals, we realized that other portions of the municipal code may need revision; specifically Chapter 4.24 (Transient Occupancy Tax), Chapter 6.04 (Business Licenses) and Chapter 15.28 (Fire Prevention Code). Potential revisions include improved definition of vacation rental homes and clarification that such homes are subject to payment of transient occupancy tax and acquisition of a business license. Page 1 of 4 Ir, CITY OF ASHLAND BACKGROUND AND POLICY IMPLICATIONS: Land Use Code City Code Compliance has seen a dramatic increase in the number of illegal short-term vacation home rentals being operated without zoning approval. These short term accommodations do not have land use approval (i.e., a conditional use permit) and also are avoiding paying local licensing fees, commercial utility rates (if applicable) and transient occupancy taxes required of those legitimately approved in Ashland's traveler's accommodation industry. These primarily consist of individual homes advertised as available for short stays on the increasingly popular Vacation Rentals by Owner (VRBO) website. Many of these homes are being offered and operated in single-family zoning districts, which prohibit the establishment and operation of short term (less than 30 days) rentals. In most cases, these short term home rentals are managed by an off-site property owner or management business. How a city deals with short term vacation rentals is strictly a local choice, unique to that community and influenced by its history and values. Ashland's Travelers' Accommodation ordinance, which permits the establishment of short-term rental accommodations within multi-family zones through a conditional use permit process, was established in the early 1980s. The ordinance was intended to make available the opportunity for the owner of an existing preferably historic structure to gain additional income by offering overnight accommodations. In turn, a portion of the revenue would be reinvested into improving the building and site and, as a result, the surrounding neighborhood. To date, most take the form of Bed & Breakfast Inns, integrated into existing residential neighborhoods and with the requirement that the property or business owner live on the premises. Ashland's current ordinance limits short-term rental accommodations to specific locations in multi- family districts, while prohibiting the use in single-family zones. A conditional use permit is required before these short-term accommodations can be established and several other code provisions are in place that limit the total number of units on the property, age of structure and required number of parking spaces. The existing ordinance limits eligibility to those multi-family properties within 200 feet of a major street, arterial or collector. Lastly, the property or business owner is required to reside on the traveler's accommodation site, as a means of managing the accommodation as well as providing a link between the neighborhood and these quasi-business establishments. It is estimated that there are over 70 approved short-term accommodation establishments in the City, accounting for approximately 1,300 rooms. The Planning Commission held two meetings to discuss a range of possible alternatives and solicit public testimony on the issue. The Commission considered options presented by Staff that would increase the number of properties eligible to request a conditional use permit to operate a short term rental. At the direction of the Council, the Housing Commission also held meetings to discuss the issue and possible implications that amending the code may have on the city's housing supply. Both Commissions have provided recommendations to the Council, which have been described on two separate memoranda. Both Commissions have noted the need for stepped up code compliance. Members testifying from the local tourist accommodation industry were in agreement, but also suggested measures to make it easier for potential travelers to more easily ascertain information as to whether they are considering a stay at legitimately approved short term lodging establishments. The Housing Commission ultimately recommended no changes to the existing code. The Planning Commission did recognize a type of demand that is not being met within the city's current regulations and suggested changes that would Page 2 of 4 pry, CITY OF ASHLAND permit a limited number of individual, short term vacation home rentals, but not in R-I zones only within a defined distance from the downtown. Revenue and Finance/Business License Code Throughout the discussion of VRBOs, there has been concern expressed about non-payment of transient occupancy tax (TOT) by the owners of vacation homes and the failure of the owners to obtain a business license. Current City Code (Chapter 4, Revenue and Finance) requires any "hotel" to pay TOT. The definition of hotel is: "...any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house ...or other similar structure..." (emphasis added). Staff believes this definition can clearly be interpreted to include a vacation rental home, particularly when considered in conjunction with other definitions of traveler's accommodations in Chapter 18. However, there may be value to the City in further clarifying this definition so as to specify that vacation rental homes in which there is no on-site manager or owner are subject to TOT payment. Similarly, staff believes the definition of "business" in Chapter 6, Business Licenses and Regulations, can be interpreted to include vacation rental homes. Again, there may be value to the City in cleaning up the definition section of this Code chapter to ensure that there can be no confusion over this issue. The current examination of VRBOs also provides an opportunity - if the Council so desires - to look at Chapter 15.28 (Fire Prevention Code) as it relates to vacation rental homes. Because these are single-family homes, a smoke alarm is not required. (It is undoubtedly advisable, but it is not required.) Because these are rental properties, a carbon monoxide detector is required. However, we do not inspect rental homes to ensure the presence of a CO detector. Oregon Fire Code allows but does not require inspection of those traveler's accommodations that sleep ten or more and smoke detectors are required only in such buildings. The City could adopt an ordinance requiring smoke detectors in vacation rental homes as well as in B&Bs that sleep fewer than ten, although enforcement would be highly problematic with existing resources. Finally, questions have arisen as to whether vacation homes should be required to have a health inspection. State law requires traveler's accommodations and tourist facilities to obtain a "tourist facility" license. The State of Oregon contracts with Jackson County to conduct such licensing and inspections locally. However, according to Jackson County Environmental Services, the state does not consider vacation rental homes to be "tourist facilities" subject to licensure and inspection. The County has no separate ordinance requiring licensure and inspection, nor would the County enforce a City ordinance requiring licensure and inspection. FISCAL IMPLICATIONS: There are potential fiscal implications to the City should the Council wish to direct additional resources toward code compliance. Changes to the Land Use Ordinance to address the recommendation of the Planning Commission will have no direct fiscal implication. Changes to AMC Chapters 4 and 6 would presumably bring more TOT and business license revenue to the City although it is not possible to determine at what amounts. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council direct planning staff to work with Planning Commission to prepare amendments to the Land Use Ordinance that would allow a limited number of single-unit non-owner Page 3 of 4 lprll, CITY OF -ASHLAND occupied short-term home rentals in the multi-family zoning district, within reasonable walking distance to the downtown. At the same time, it is recommended that AMC 4.24 - Transient Occupancy Tax and AMC 6.04 Business Licenses be reviewed and amended as appropriate to ensure clarity and consistency between the chapters. SUGGESTED MOTION: I move to approve the initiation of amendments to the Ashland Municipal Code related to short term rentals that incorporate the recommendations forwarded to Council by the Planning Commission, and further direct staff to prepare amendments to Chapters 4, 6 and 15 of the AMC, as necessary, to ensure that taxation and licensing issues are appropriately addressed. ATTACHMENTS: Planning Commission Recommendation Housing Commission Recommendation Planning Commission 02.12.2013 Meeting Minutes Housing Commission 01.23.2013 Meeting Minutes Planning Commission 01.22.2013 Meeting Packet • Informal Survey of Other Cities • Map of Ashland - Identification of areas zoned for Travelers' Accommodations (Hotel, Motels, and Bed & Breakfasts), including R-2, R-3, C-1 & E-1 • Document submitted by Mark Dennett • Document submitted by Ashland Bed & Breakfast Network Miscellaneous Letters Page 4 of 4 ~r, CITY OF ASHLAND Memo DATE: 2/27/2013 TO: Honorable Mayor and City Council FROM: Ashland Planning Commission RE: Preliminary feedback on potential code amendments related to vacation home rentals Summary The Planning Commission discussed zoning regulations for short term vacation rentals at two meetings in January and February. All public comment received was from owners of existing legal travellers accommodations and emphasized the need for compliance with current regulations. Discussion addressed the question of whether there was increased demand that warranted extending access to travellers' accommodation permits to additional categories or areas and the potential impacts of changing regulations. The Commission concluded that they had not heard convincing evidence that there is more demand for travellers' accommodations than can be met by current supply. However there is a type of demand that is not being met within our current regulations, that is the desire for a short term rental of a single unit, complete home without owners on the premises. These travellers are seeking greater privacy or a place to host family-style events. The Commission decided to recommend that Ashland expand our regulations to allow for some single unit, non-owner occupied, short term home rentals with the following restrictions: • must be located in a multi-family zoning district; and • must be within walking distance of the downtown area It was further suggested that Ashland may wish to set a limit on the total number of such units that are available and can be given such permits, similar to the limit on drive-up window use permits. The Commission also recommends adopting language that prohibits the advertising of non-permitted short term rentals. The Commission supports maintaining the existing requirement that a conditional use permit be obtained in order to operate a Bed and Breakfast as well as an individual vacation home rental. The Commission does not propose removing the current prohibition of operating short term, overnight rentals in single family zoning districts (R-1). Ashland Planning Commission 20 E. Main Street Ashland, Oregon 07520 ~W, .as Page 1 hland.or.us Page 1 Background On August 6, 2012, the Council requested that the Commission evaluate the issue about the growth in numbers of unlicensed vacation home rentals. The Housing Commission was also asked to weigh in on the issue and forward their thoughts to the Council. The Planning Commission held a public meeting on January 22, and again on February 12, 2013 to review and make refinements to their recommendation. Additionally, the Community Development Director introduced the item at the Housing Commission's meeting on October 24, 2012, with the Housing Commission again discussing the issue at their January 27, 2013 meeting where they provided a recommendation to the Commission and Council. The Planning Commission discussed the appropriateness and potential implications of amending the Land Use Code so that additional opportunities for short term home rentals could be increased. Overall, there appears to be general consensus that the current standards regulating short term vacation rentals have been effective in providing accommodations quite different from traditional hotel or motels, while fitting in well with multi-family residential areas. Recommendation In order to facilitate our discussion on this matter, the Commission was provided with a few basic options to consider. Our recommendation or suggestions for possible code amendments have been described below. 1. Should changes to the Land Use Ordinance be considered that provide more opportunity for property owners to operate vacation home rentals? Since the initial adoption of Ashland's Travelers' Accommodation Ordinance in the early 80's, the code has been amended as a way to adjust to new conditions and concerns. Given the measurable increase in non-licensed, individual vacation home rentals, the Commission feels it is timely to consider whether travellers' needs are being met by current permitted accommodations. Testimony was given by operators of current permitted travellers accommodations that vacancy rates indicate the ability to meet current demand, however travellers may be choosing non- permitted offerings that are lower in price and close enough to the downtown area to walk. Testimony indicated the belief that non-compliant rentals can offer a lower price because they are not burdened with the costs associated with maintaining compliance. Commissioners concluded that Ashland should find ways to enforce compliance with regulations, but also expand the types of accommodations to include some single units in the downtown area that are non-owner-occupied. 2. Currently, vacation home rentals are permitted as a conditional use in multi-family zoning districts (R-2 and R-3) on properties abutting or located within 200 feet of an arterial or collector street. Should the area eligible for establishing a vacation home rental be increased to include: a. All land within Ashland's multi-family zoning districts? and Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 waw.ashland.ar.us Page 2 The Commission strongly considered allowing all properties within multi-family zoning districts (R-2 & R-3) to be eligible to submit a land use application for short term vacation rentals. Currently, only properties abutting or within 200 feet of a major street, such as an arterial and collector, are eligible to request a conditional use permit. While the intent of the 200-foot rule was likely to direct the additional traffic from vacation rentals to a limited area adjacent to or within a block of streets designed and anticipated to accommodated greater loads, this may not be a significant factor given the proximity of much of the city's multi-family lands to major streets with our network. An evaluation of this recommendation shows that this would result in 600 additional properties being eligible to operate vacation rentals, an approximately 40 percent increase above the current number of properties. The Commission believes that this approach may draw the least neighborhood notice as the city's multi-family zoning districts already allow a wide variety of uses. They noted that the Comprehensive Plan supports economic uses in multi-family zoning where it does not impact the primary residential use. This could also be the option, however, most likely to impact more existing and future rental housing, since those are generally located in the R-2 and R-3 zones. b. Should a property owner/business-owner/manager be required to live on site in the case of a property where only one vacation home rental is in operation? The Commission believes that it would not create significantly greater impacts if we did not require the property/business owner or site manager to reside on the property in cases where the use of the site consists only of a single, individual vacation home rental in the downtown area. If the Council chooses to make this change, it is recommended that the code be amended to require that 24-hour contact information be posted in the home, as well as made available to surrounding neighbors within a specified distance from the property. As part of the discussion, a commissioner expressed concern about the potential impacts of having too many individual vacation homes without an on-site owner/manager concentrated in a given area. "Could we run the possibility of certain neighborhoods taking on a character more like Sunriver, Oregon?" Another commissioner expressed concern for neighbors in the area and the need for them to readily contact the property owner or property management should major problems arise. Another commissioner proposed limiting the total number of units of this type that would be permitted. 3. Currently, vacation home rentals are prohibited as a use in single family zoning districts (R-1). Should lands within Ashland's single family zoning districts be eligible for establishing a vacation home rental through the conditional use procedure? The Commission recommended that Council continue to prohibit short term vacation rentals in single family (R-1) zoning districts. In general, the Commission would prefer to make small changes initially and evaluate the effectiveness of those changes, rather than opening up larger areas of the city to be eligible when not fully understanding the potential impacts. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 shland.or.us Page Page 3 4. In all cases above, should establishing a vacation home rental be subject to a land use application, such as a conditional use permit, with public notice providing to surrounding neighbors? The Commission suggests that the decision of whether to permit short term vacation home rentals should be handled through the conditional use permit process, as currently required. This process allows for surrounding property owners to be notified and key impacts addressed through conditions of approval. Operation of a short term vacation rental in a residential zone represents a quasi-commercial use in the form of providing an overnight accommodation for travelers and visitors. The Housing Element of Ashland's Comprehensive Plan states that mixed uses often create a more interesting neighborhood environment and should be considered wherever they will not disrupt existing residential area. The Plan states this policy should be implemented through the list of Conditional Uses in multi-family zones and the adopted approval procedures. We believe the recommendation for maintaining the requirement that these operations, regardless of scale, require a conditional use permit is consistent with existing Plan policies. Other Considerations 1. Code Compliance The Commission did not feel that concerns raised by citizens concerning the need for city staff to be more diligent in their efforts to seek compliance with existing city codes was within their scope of action. Historically, compliance with provisions related to travelers' accommodations in the Ashland Land Use Ordinance (ALUO) has been enforced on a case by case basis, initiated by written neighbor complaints as well as owners of approved visitor accommodations. The Commission wished to draw attention to the fact that noncompliant vacation rentals go beyond being out of conformance with the ALUO, and are also not paying commercial utility rates, transient occupancy taxes or business licensing fees. It seems unlikely that simply expanding the number of properties eligible to request land use approval for a vacation home rental will solve the compliance problem. Enforcement would ultimately depend on more aggressive actions that may necessitate a new approach and very likely additional resources. The Commission also believed that there are some proactive alternatives to code compliance that should be explored. This would include making a list of approved accommodations readily available to traveler's seeking to visit Ashland, as well as evaluating a formal certification process that assists to clearly identify licensed and approved overnight accommodations. 2. Limitation on Concentrations Individual members expressed concerns over possible adverse impacts that a concentration of legitimately approved vacation rentals may have upon a neighborhood. Other code provisions for possible consideration might include a limitation on total number of vacation homes; a limitation on new vacation homes to be added each year and/or a limitation on numbers of vacation homes Ashland Planning commission 20 E. Main Street Ashland, Oregon 97520=, w .ashland.or.us Page 4 within a certain distance of each other. While uncertain of the level of success, these represent examples of requirements employed by other communities. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Page 5 CITY OF ASHLAND Memo DATE: 2/27/2013 TO: Bill Molnar, Community Development Director FROM: Linda Reid RE: HC recommendation on vacation rentals At their regular meeting held on January 23, the Housing Commission forwarded a recommendation that the Council make no changes to the existing code that regulates vacation rentals units. Commissioners cited several reasons for making such a recommendation, including: the detrimental effects that allowing current rental units to convert to vacation rentals could have on the available rental housing stock; a reduction in housing availability (both ownership and rental), and the potential to raise housing costs as it is more lucrative for owners to rent properties for short term stays than to maintain them for year round residents. Many commissioners felt that allowing the conversion of current owner-occupied and rental units to vacation rentals would further exacerbate the existing lack of housing for families with children as less housing will be available for those who already live in the community or those who would like to live in the community. Housing Commissioners were also concerned about the effects on the housing stock occupied or sought by students and for long term renters, citing the City survey's low scores for housing affordability and availability. Housing Commissioners felt that the City would need to work on the compliance piece if the code were to stay the same. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800.735-2900 w .ashland.or.us CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING 'DRAFT' MINUTES February 12, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Richard Kaplan April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Mike Morris, absent ANNOUCEMENTS Community Development Director Bill Molnar reminded the Commission of next week's Planning Commission training presented by the Rogue Valley Council of Governments. He also announced the City Council passed first reading of the Transportation System Plan Update and stated second reading will be held in March. Commissioner Mindlin requested the commission set a date for the annual retreat at the end of the meeting. CONSENT AGENDA A. Approval of Minutes. 1. January 8, 2013 Regular Meeting. 2. January 22, 2013 Special Meeting. Commissioners Miller/Dawkins m/s to approve the Consent Agenda. (Commissioner Brown abstained from the adoption of theJanuary22, 2013 minutes.) Voice Vote: all AYES. Motion passed. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Potential Code Amendments Related to the Establishment & Operation of Short-Term Vacation Home Rentals. Community Development Director Bill Molnar stated the purpose of tonight's agenda item is to review the draft memo prepared for the City Council's March 4th Study Session meeting and for the commission to provide any final refinements to the memo. He briefly outlined the current requirements for short-term vacation rentals and stated at their last meeting the commission recommended to: 1) extend this use to all lands zoned multi-family, 2) maintain the conditional use permit requirement, 3) remove the owner on-site requirement for single home rentals, and 4) not allow this use in single family zones. Mr. Molnar noted the compliance discussion that occurred at the last meeting and believes the City needs to be more aggressive in this area. He suggested further efforts may include making information available to those seeking to travel to Ashland so they can find out which accommodations are legitimate and which ones are not. Commissioner Mindlin noted the letter from the Housing Commission which recommends the City not alter the current ordinance requirements; and stated Ashland's Bed & Breakfast industry has also lobbied for no change. Mr. Molnar commented on the Housing Commission's viewpoint of looking for housing opportunities within our boundaries. He stated they believe there is a Ashland Planning Commission February 12, 2013 Page 1 014 finite supply of housing available in Ashland and wants the City to be very cautious about any ordinance changes that would reduce that inventory. Commissioner Mindlin questioned the statement in the draft memo that claims there is an increased demand for short-term home rentals. Mr. Molnar clarified the commission can edit the memo as they choose and could reword or remove this statement if they feel it does not capture their intent. He also clarified for the commission that the Comprehensive Plan supports economic activity if it is not incompatible to do so and the City's Comprehensive Plan speaks to the benefits of mixed use neighborhoods; however, this should only be done if the use does not disturb the main intent of the neighborhood. He stated there needs to be a review process and the current practice is to issue conditional use permits in the multi-family zones so that the uses can be monitored and evaluated. Commissioner Kaplan recommended several modifications to the memo: 1) Item #1 (pg.2), last sentence: suggested the phrase "not in compliance" instead of "conflict". 2) Under Other Considerations (pg.3), he stated the language switches to first person and the rest of the memo is written in third person. 3) Item #3 (pg.4), last sentence, he stated the word "No" is too strong and suggested using "fewer complaints" instead. 4) Kaplan voiced support for the option to prohibit advertisement of invalid establishments and would like this language reflected in the memo. Public Input Mark Schoenleber160 WimerlStated he owns two legal vacation rentals and stated removing the owner on-site requirement conflicts with the City's desire to maintain the character of neighborhoods. He also voiced concern with removing the 200 ft. from an arterial requirement and staled this will drive these uses deeper into the neighborhoods. Mr. Schoenleber also raised the issue of parking and cautioned the commission about changing the current ordinance. Abi Maghamfarl120 Gresham/Stated he owns Abigail's Bed & Breakfast and is also one of the founding members of the Ashland Lodging Association. Mr. Maghamfar stated he understands enforcement is not their purview, but at the same time they are setting land use regulations and when you do this someone has to enforce them. He stated his organization adamantly objects to opening up R1 zones to vacation rentals and stated the City needs to address the illegal vacation rentals operating in Ashland. Mr. Maghamfar requested an equal and level playing field in the multi-family and commercial districts and stated everyone should have to comply with the same rules. He stated the existing ordinance is sufficient and they do not believe this issue should have come this far and all started because one person who was operating illegally addressed the City Council. He commented on supply and demand and noted there are 75 licensed establishments in Ashland. He stated the supply is plentiful and the demand can be met by existing licensed establishments. He added shutting down those who are operating illegally would benefit the City. Ellen Campbell/120 Gresham/Stated legal units pay Oregon state taxes and also pay the County's personal property tax. She added those that are operating illegally are pocketing a lot of money that should be going to the City. Mr. Maghamfar was asked to provide the current vacancy rates during high season. He responded that the vacancy rates vary, but on average it is 70% during high season. He noted guests are limited to the number of seats available in the theater, and until there are other reasons for people to visit Ashland there is no need to increase the City's lodging capacity. He added if the City were to place a list of licensed accommodations on their website, the B&B industry could promote this. Commission Discussion/Deliberations Commissioner Brown stated he is on the same page as the Housing Commission and they should leave well enough alone. He added the draft memo seems to suggest they are advocating for change and believes it should read if you must change, these are the areas that could be looked at. Commissioner Kaplan agreed with Brown's statement, but stated he agrees with the position to advocate for change. When asked if he believes whether Ashland needs more inventory or if his support is based on making the ordinance easier to comply with, he stated it is the latter. He added he would prefer that people be allowed to operate legally than to operate illegally for no good reason. Ashland Planning Commission February 12, 2013 Page 2 of 4 Commissioner Dawkins stated he was happy to see the Housing Commission's recommendation and stated his position is halfway between Commissioner Brown and Kaplan. He agreed that there needs to be a level playing field and would be comfortable with allowing some homes in the multi-family zone to come in as rentals, but would only advocate for this if they adopt a fixed number for these types of units. He added if the Commission does not want to set a number, his position is to not change the ordinance. Commissioner Miller stated her preference is to not expand into the R-1 zone, and if they were to remove the 200 ft. from an arterial requirement it should only be in the downtown area as that would encourage people to walk. She noted the parking concerns raised during public testimony and stated this is a concern for her as well. Commissioner Brown commented on the purpose of zones and stated the City is correct to limit where retail uses can exist. He stated he does not see the need to increase the housing stock for these temporary tenants and stated if they increase the number of units available, this will increase the compliance problem. Commissioner Mindlin voiced her desire to provide a clear recommendation to the City Council and questioned whether they want to recommend expanding this opportunity or not. Commissioner Brown stated "No". Commissioner Miller stated only in the downtown area. Commissioner Kaplan stated "Yes" and supports removing the 200 ft requirement in the multi-family zone. Commissioner Dawkins stated "Yes", but only if they place a limit on the number permitted. Commissioner Mindlin summarized the commission's discussion and stated it appears they are not convinced there is more of a demand than the City can meet, however there may be a demand for certain types of accommodations that are not currently available. If the Council decides to expand into this area, the Commission recommends that the units be in a multi-family zone and within walking distance of the downtown, and to establish a limited number of allowed units. The Commission also supports the prohibition of advertisements of invalid establishments. Mr. Molnar stated it would be helpful if the commission could draft a formal recommendation and Commissioner Mindlin stated she would work on this with staff. B. Unified Land Use Ordinance - Part 4: Site Development and Design Standards. Planning Manager Maria Harris explained tonight's meeting will focus on the first section of 184: Site Development and Design Standards. She stated this section covers the standards that apply to site and building design and provided an overview of the proposed amendments. 1) Width of Garage Openings Facing a Street. This is a proposed new standard for multi-family residential developments that require site review approval and requires garage openings facing the street to not exceed 50% of the building width. Commissioner Mindlin raised issue with this amendment. She stated with a 50 ft. wide lot and a two car garage, you would not be able to meet this standard and still accommodate the City's required setbacks. Ms. Harris clarified this standard would only apply to multi-family developments and it is uncommon to see multi-family developments with the classic single family home and garage design referred to by Mindlin. 2) Parking Demand Analysis. This amendment would allow an applicant to provide a parking demand analysis as a basis for differing from the minimum number of off-street parking spaces. She added this option requires the analysis be prepared by a qualified professional and assess the parking demand and supply in additional to a variety of other factors. She stated there is the question of whether this should be a staff approval, a public hearing, or to process it with the main action and support was voiced for processing this with the main action. Comment was made questioning what kind of professional is going to provide this analysis and recommendation was made for this to be defined. Additional recommendations were made for the language to better define what the analysis needs to include and for it be clear that there is discretion involved in approving these. 3) Joint Parking and Shared Parking Maximums. The proposed change would allow up to a 100% reduction for facilities that are jointly used or shared. 4) Minimum of Two Bicycle Parking Spaces. The amendment is to provide a minimum of two bicycle parking spaces. 5) Threshold for Dividing Larger Parking Area and Provide Walkways Through Larger Parking Areas. Ms. Harris noted this issue came up during the review of the Pedestrian Places ordinance and stated the proposed language changes the Ashland Planning Commission February 12, 2013 Page 3 of 4 CITY OF ASHLAND ASHLAND HOUSING COMMISSION DRAFT MINUTES January 23, 2013 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:10 p.m. in the Siskiyou Room at the Community Development and Engineering Building located at 51 Winburn Way, Ashland, OR 97520. Andrew Ensslin introduced himself as the new SOU Liaison to the Housing Commission. He is a Political Science and History Major with a Minor in Psychology. Ensslin is very interested in politics and the public service process. He is currently doing an internship with Congressman Walden. Commissioners Present: Council Liaison Regina Ayers Carol Voisin Brett Ainsworth Barb Barasa SOU Liaison Evan Lasle Andrew Ensslin Michael Gutman Staff Present: Commissioners Absent: Linda Reid, Housing Specialist Ben Scott, excused Carolyn Schwendener APPROVAL OF MINUTES Lasley/Barasa m/s to approve the minutes of the October 22, 2012 regular Housing Commission meeting. Voice Vote: All Ayes; minutes were approved as presented. PUBLIC FORUM No one spoke UPDATE ON FUNDRAISING EFFORTS OF ASHLAND EMERGENCY FOOD BANK Ward Wilson from the Ashland Emergency Food Bank (AEFB) was present to give an update. Wilson distributed to the Commissioners two different types of brochures. One brochure targeted the large donors the smaller brochure was intended for a wider distribution; two thousand of which will be going out to the Ashland Food Project volunteers. Wilson acknowledged they did not get started very quickly with their fundraising. He attributed this to three things, they are not fundraising professionals, the three primary members of the board have had a difficult time getting together and they had not put together any brochures until recently. Wilson pointed out they received what they call a "lead donation" of $50,000 from a high profile local individual. That donor would like to work with the board and help solicit similar individuals. They also were interested in talking to them about how much money the AEFB would require for a gift that would result in naming their building. Currently AEFB has a total of $176,000 in pledges and gifts including the funds that were awarded from the City of Ashland. The Commissioners had some questions for Wilson. 1 Originally AEFB stated that they were expecting gifts last year, one in May and one in December. Were there delays with those gifts? Yes, we only received one. We attribute this to the fact we have never done fundraising before and didn't aggressively seek out those gifts. You mentioned last year that the bank might consider extending the deadline for the purchase of the property. Is this still a possibility? Peoples Bank of Commerce owns the property through bankruptcy. The bank is still very supportive. They have leased the building to us at 18 cents a square foot. The deadline for purchase is August 31. At that time we can discuss that possibility if necessary. Who is the point person responsible for fund raising? Initially it was Greg Lemhouse but he found he didn't have enough time so he asked me to help. I declined though offered my support to the others who would be doing the fundraising. We do not have a point person but are doing the fundraising together as a group. The campaign committee consists of four individuals, Greg Lemhouse, Kate Jackson, Pam Marsh, George Kramer and myself. How many donors make up the $176,000? Our goal is $600,000. We have approximately thirty donors two of which make up $137,000. One donor is the City of Ashland and the other is the private donor who gave the $50,000. Are you planning on asking for CDBG funds again this year? Yes. We are hoping to have made more progress by the time of application. The Request For Proposal (RFP) closes on February 15, 2013. Reid pointed out that staff will review applications making a recommendation to the Housing Commission. At February's meeting the Commissioners will hear the presentations and then make a recommendation to the Council. The Council will make the final determination at their April meeting. Reid implied that the City is obligated to hold the awarded funds from last year until August 31. The City does have the ability to re-award those funds should the AEFB not make their ultimate goal to purchase the property. UNIFIED LAND USE CODE UPDATE Maria Harris, City Planning Manger, gave an update on the progress of the Unified Land Use Ordinance Project. The Planning Commission has been reviewing the draft of this reorganized code. Most of the amendments being made have been housekeeping issues and policy issues from the 2006 Analysis. Harris briefly described some of those changes. Accessory Residential Units (ARUs) ARUs currently require a conditional use permit in the single-family zones and a site review in the multi-family zones. The proposed amendment discussed by the Planning Commission is to make ARUs a permitted use in all zones and removing the conditional use permit requirement. This still requires a planning action with noticing to the neighbors. This change does not take away the neighbors ability to make comments. Manufactured Homes on Individual Lots - There were four recommended changes. Three were revised for consistency with the Oregon Revised Statutes (ORS) regarding placement of manufactured homes on individual lots. Those amendments included the deletion of the requirement that a home be 20 feet in width, a change in wording for exterior building materials and the maximum height above grade. The ORS does allow jurisdictions to require a garage to be constructed with manufactured homes on individual lots. The Planning Commission concurred with the Housing Commission regarding this requirement suggesting using the same requirements as single-family homes which in Ashland are to provide the required number of off-street parking spaces, but not requiring a garage or carport. 2 Affordable Housing Density Bonus - The current ordinance allows for an equivalent density bonus for every percent of units that are affordable. The 2006 Land Use Ordinance Review recommends doubling the density bonus for affordable housing to provide a greater incentive for affordability. Cottage Housing or Pocket Neighborhoods - This description is typically used to describe a type of development involving relatively small homes (750 to 1250) clustered around a common open space. The Planning Commission directed staff to pursue revisions to the code to promote the development of pocket neighborhoods. Harris will email Reid the list of Cities with cottage Housing or Pocket neighborhoods. Harris went on to say that after the first draft has been completed the next piece is the evaluation of some green codes incentives and evaluation of procedures based on two of the Council goals. Will be doing a series of public meetings in late spring. These meetings will be focus group format where we try to cluster proposed amendments in areas where people might be interested. Harris would like to have a final draft and formal adoption process in late summer or early fall. VACATION RENTAL DISCUSSION AND RECOMMENDATION Reid explained that Staff is looking for some feedback from the Housing Commission mainly regarding how changing the rules around the vacation rentals could impact the housing availability. The Planning Commission reviewed this last night and it will be going to the City Council soon. Ainsworth commented that by allowing houses to be used for short term rental they are then no longer available for long term rental for families nor are available for sale to those who work in Ashland and wish to live here. This doesn't necessarily support the mission of what the Housing Commission has for providing a long term housing solution for all residences. While I applaud the enforcement and its increasing need I don't necessarily think the solution is to relax the rules in order to receive more tax revenue, stated Ainsworth. It was commented that the Bed & Breakfast owners believe that the City could in fact receive an increase in tax revenue by not allowing those illegal rentals which would increase the occupancy of the legal units providing more revenue. Voisin inquired, since the City no longer has a compliance officer how are they going to monitor this and enforce it. Reid explained that the planners have taken on the code compliance responsibility and duties along with police and fire. This particular issue will stay within the Community Development Department. This issue came before the City Council due to a compliance letter that was sent out to property owners regarding the illegal units. One of the recipients of the letter appeared before the Council inquiring about the opportunity to make illegal units legal. Reid said staff is working on compiling a list and making an effort to gain compliance though this is quite time intensive. This effort has been put on hold because Council directed staff to look at options. The end result could be a citation and court. Generally speaking with code compliance it is the neighbors who monitor the situation. Gutman felt that by allowing people to apply for vacation rentals some applicants will not do so due to the cost involved. If it becomes a regulated process it will take a lot of people out of it. Due to the price. Some considerations the Council is looking at are: • Make No changes • Expanding the Conditional Use Permit to include the entire multi-family district • Allowing them within 200 feet of any arterial street Barasa agrees that by allowing more homes to be used for short term rental use it takes them out of the housing pool. She does understand why because if you own an investment property you could perhaps see more revenue by doing the short term rental. If housing stock becomes less and less for students to access which could raise the price. Ayars believes it will negatively impact long term and affordability. The recent City survey showed that the top concern was the reason for not livable was the lack of affordable housing followed by unemployment. 3 Ainsworth/Lasley m/s that the commission recommends that we not modify the current policies regarding short term rentals. Voice Vote: all ayes. LIAISON REPORTS Council - Voisin said the recent citizen survey mentioned affordable housing as a concern with a number of citizens acknowledging they would be willing to assist financially to help meet the goal of affordable housing. Voisin announced that the Cottonwood at 380 Clay Street is no longer being considered for removal. The tree will remain and be part of the future development of the property. The Council goal setting is Saturday February 2, 2013 between 9:00 am and 4:00 p.m. The Council will be taken through a process by the City Administrator of setting a goal and establishing a strategy. This is a public meeting and everyone is welcome. Staff - Reid clarified that the Cottonwood tree at 380 Clay Street will not be part of the current partition that the City is in the process of doing. The tree removal is not going to be processed as part of the partition at this time. The City is seeking an arborist report on the tree. The tree consumes a large amount of the land area. Reid announced the City has issued the RFP for the Community Development Block Grant Funds. Reid remarked that the City has not received any final notification on the fund allocation at this point. Staff has moved forward with the assumption the City will receive the same amount upon direction from our HUD CDBG representative that they expect the amount to stay the same. Reid said at this point they have not received any applications. The Point in Time Homeless count will be happening next week, said Reid. The County receives funding from HUD to do homeless services and homeless shelters and activities. Many of those services we receive here in Jackson County are funded out of that. The Point in Time Homeless Count is required by HUD. Each community goes out the last week in January and does a count. Two types of counts; one is an overnight night shelter count, the other a street count for places like Ashland who do not have a shelter, volunteer count people on the street or where people are congregating such as at community meals. 2012 GOAL REVIEW AND APPROVAL The Commissioners discussed which goals individual commissioners were most interested in then the goals were assigned. Commissioners won't address these goals until after the CDBG awards are completed. Establishment of Rental Registry - Gutman Preservation of vulnerable properties - Ayars Housing Trust fund-identify three options - Ainsworth Develop a Landlord Tenant Brochure - Barasa Support the implementation of specific potential strategies identified in the Housing Needs Analysis - pending Council approval Explore and potentially implement a Student Fair Housing Plan - Lasley and Ensslin FEBRUARY 27TH 2013 MEETING AGENDA ITEMS Student Fair Housing Survey CDBG presentations UPCOMING EVENTS AND MEETINGS Next Housing Commission Regular Meeting WHERE 4:00-6:00 PM; February 27, 2013 ADJOURNMENT - The meeting was adjourned at 5:45.m. Respecffully submitted by Carolyn Schwendener 4 CITY OF ASHLAND Planning Commission Communication January 22, 2013 Study Session Potential Code Amendments Related to the Establishment & Operation of Short-Term Vacation Home Rentals FROM: Bill Molnar, Community Development Director, molnarb@ashland.or.us SUMMARY City Code Compliance has seen a dramatic increase in the number of illegal short-term vacation home/rentals being operated without zoning approval. In all cases, these illegal, short term accommodations are avoiding paying local transient occupancy taxes, licensing fees and commercial utility rates normally associated with the guest accommodation industry. The Council held a study session in August 2012 in order for staff to provide an overview of the problem, explain the advantages and disadvantages commonly related to short-term rentals and summarize code provisions that are currently applied to these establishments by other Oregon communities. The Council requested that the Planning Commission evaluate the existing code requirements, identify potential opportunities for increasing flexibility and forward a recommendation for possible code amendments to the Council for their direction. Possible alternatives have been suggested for Commission consideration. Each will increase the number of properties eligible to request a conditional use permit to operate a short term rental. Under the first alternatives (Alternative B &C.), staff has suggested the possibility of expanding the geographic area where vacation rentals are allowed to include all property within R-2 and R-3 multi- family zoning districts, not only those properties located within 200-feet of a major street (i.e. boulevard or collector). Under the second alternative (Alternatives D & E), lands eligible for short term rental operations could be expanded to include properties within a single-family zoning district, but only within 200-feet of a major city street. Lastly, the other variation among the two alternatives is the question of whether or not to require the property/business owner to live on the property, or allow an on-site property manager employed by the property owner/business owner. BACKGROUND AND POLICY IMPLICATIONS: Ashland's Travelers' Accommodation ordinance, which allows for short-term, overnight accommodations within multi-family zones with approval of a conditional use permit, was established in the early 1980s. The ordinance was intended to provide an opportunity for the owner of an existing and preferably historic structure to gain additional income by offering overnight accommodations. In turn, a portion of the revenue would be reinvested into improvements to the historic structure and site. Most take the form of a Bed & Breakfast or Inn, nestled into an existing residential neighborhood. Ashland limits short-term accommodations to multi-family districts throughout the city, while specifically prohibiting the use in single-family zones. A conditional use permit is required before short-term accommodation can be established and individual rooms made available to lease for short Page 1 of 5 1r, CITY OF ASHLAND periods of time. Additionally, the existing ordinance limits eligibility to those multi-family properties within 200 feet of a major street, arterial or collector. Finally, the property or business owner is required to reside on the travelers' accommodation site, as a means of managing the accommodation as well as providing a link between the neighborhood and this quasi-business establishment. It is estimated that there are over 70 approved short-term accommodation establishments in the City, including both residential and commercial zoning districts, accounting for approximately 1300 rooms. More Recent Trends Over the past several years, City Code Compliance staff has witnessed a substantial increase in the number of short-term vacation rentals operating without the requisite land use approval and, as a consequence, are not paying the city's transient occupancy taxes or obtaining a city business license. These primarily include individual homes advertised as available for short stays on the increasingly popular Vacation Rentals by Owner (VRBO) website. Many of these homes are being offered and operated in single-family zoning districts, which prohibit the operation of short term (less than 30- days) rentals. In June of 2012, approximately 40 letters were mailed to property owners believed to be offering short tern vacation rentals without the required land use approval, or within areas of the town not zoned for short-term accommodations. Summary of Issues and Concerns -Vacation Home Rentals A review of information on this topic including phone interviews with other communities reveals that many cities and counties are dealing with the issues and impacts related to short-term vacation home rentals. While the values and politics of each community ultimately influences the approach and eventual code language proposed to deal with short-term vacation home rentals, the following issues and concerns commonly highlight local discussion and debate. Protection of Neighborhood Character A common municipal purpose for regulating short-term rental housing is to protect the character of existing residential neighborhoods. Tension between permanent residents and operators of short-term vacation home rentals arise due to increased traffic, noise, impacts to available on-street parking and other potentially disruptive activities (e.g. late night celebrations). Another concern cited, yet often difficult to measure, is the perception that too many short-term vacation rentals in an a neighborhood could lead to a decreased sense of" localness," based on the idea that permanent residents often hold a greater attachment to local social networks and community involvement. 2010 Census data estimates the average household size of Ashland at 2.03 persons, while an informal survey of short-term vacation rentals in Ashland listed on the VBRO website offers accommodations for an average of seven persons. Similarly, statistics compiled by the North Carolina Vacation Managers Association estimates that the average number of people utilizing a vacation rental per night is six persons. The impact of six people in a household per night versus the average Ashland household of two can be quite significant in terms of noise generation, traffic, water and wastewater usage, solid waste generation and road maintenance. Page 2 of 5 11FAW, CITY OF ASHLAND Effects on Housing Supply and Affordability The local housing market likely may be impacted by the proliferation of illegal, short-term vacation home rentals. According to the 2010 Census, 357 or 3.4% of all housing units in the City of Ashland are for seasonal, recreational, or occasional use. This is an increase of 140% from the 2000 census that showed 150 seasonal, recreational, or occasional use units, making up only 1.7% of the City's total housing stock. The economic benefits to property owners from the conversion of existing residences to short-term vacation homes can potentially drive up prices of existing homes. Additionally, an increase in short-term vacation homes can lead to a reduction in the availability in the number of long-term, single-family home rentals. This is because the economic benefits to the property owner from operating a short-term vacation home are potentially much greater than that of a longer term, year round home rental. Physical Impacts While not necessarily the case in Ashland, some communities cite the need for restrictions on short- term vacation home rentals in order to protect the character of their residential neighborhoods. The underlying rationale is that short-term home rentals in single-family zones generally are not owner- occupied and therefore are less likely to be cared for to the same degree as permanent residences. Other communities note, however, that it is in the best interest of the owners of short-term vacation homes to take good care of their property in order to have a successful business and, therefore, have a strong incentive to select guests who are respectful of their properties. Site Management The City's Travelers Accommodation code provisions for licensed establishments within a multi- family residential district require the property owner or business owner to reside on the property. This reflects a more traditional innkeeper model. In carrying out compliance on unlawful vacation home rentals within Ashland, it is clear that few if any have a property owner or property management representative living on the property. A property management presence provides neighbors or the City an ability to readily access an individual should complaints or concerns arise. Increased Choice Short-term vacation home rentals in existing neighborhoods can offer a greater sense of freedom and choice to visitors. In general, short-term vacation home rentals differ from bed & breakfasts, hotels, motels, and other "lodging" uses by providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Although Ashland's bed & breakfasts often are similar in appearance and location to many short-term vacation home rentals, they are distinguishable by the requirement that the property or business owner reside onsite. This standard ensures that the person(s) responsible for the daily operations of the accommodation and compliance with the conditions of the land use application are housed on the property, while also being integrated into and accessible to the immediate neighborhood should concerns arise. Page 3 of 5 CITY OF -ASHLAND Fairer Competition with Licensed Lodging Existing B&B's owners/operators with valid land use approvals have complained to Code Compliance staff about the unfair advantage the illegal, unlicensed vacation homes pose. This is primarily due to the fact that these unlicensed homes have not had to incur a variety of expenses, such as a land use pennit (i.e. conditional use permit), city business license, transient occupancy tax and commercial utility rates, and building code issues related to safety inspections. Impacts to the Local Economy For Ashland with its robust tourist industry, short-term vacation home rentals represent a potential additional source of tax revenue. In addition to Ashland's Transient Occupancy Tax (TOT), establishments offering overnight accommodation are required to hold and annually renew a business license, as well as have a valid land use approval (i.e. conditional use permit and other applicable permit fees). As a tool for economic growth, short-term vacation home rentals can create considerable economic benefits within a community through the creation ofjobs, and attracting visitors who spend money in local shops and restaurants. Many of the jobs created by short-term vacation home rentals, however, often are low skilled, low paying and seasonal or part time. This can create a drain on the local workforce and exacerbate issues related to continuing a cycle of lower paying jobs in a community with an expensive housing market. Studies have identified both negative and positive property tax impacts from an increase in short-term vacation rentals on small, medium and large communities. In some instances, the increased value of vacation rental properties has driven the price of property up and therefore property taxes. This can have the effect of raising the property tax rate on year round citizens and in some communities have driven lower income residents out of the community altogether. Summary of Potential Impacts - Short Term Rentals in Single-Family zones Positive Impacts • TOT, business license and miscellaneous permit fees • Increased choice of accommodation types, especially for families • Income source for individual property owners • Employment opportunities Negative Impacts • Neighborhood Impacts - noise, traffic, physical changes to site, etc. • Reduced housing and long-tern rental availability for residents • Decreased sense oflocalness • Increased stress on infrastructure and services FISCAL IMPLICATIONS: A review a other communities indicate that expanding short-term rental restrictions to include other areas of Ashland (i.e. single family neighborhoods) may put additional administrative burdens on the Page 4 of 5 ~r, CITY OF -ASHLAND local government, including the processing of land use and building permits, licensing and registration applications and code compliance. Building officials are likely to be faced with an increased volume of required inspections. Code Compliance personnel and the police officers may need to assume additional enforcement duties under a short-term rental ordinance. Down the road, this could lead to a discussion about the potential reinstatement of the citywide Code Compliance position that was eliminated in January 2009. STAFF RECOMMENDATION AND SUGGESTED COMMISSION ACTION: Changes to land use requirements related to short-term vacation home rentals should be undertaken with caution and an understanding of the potential effects to longstanding community goals for maintaining strong neighborhoods, and a diverse, permanent housing inventory designed to serve a wide range of households representing a variety of household incomes. The City Council will have a study session on March 4, 2013 to discuss this item. The Commission has been asked to forward a recommendation onto the Council. If the Commission suggests amending the language in the current ordinance to increase options for the operation of short term home rentals, the Council could initiate that a code amendment be prepared by staff. At the March 4, 2013 Council Study Session, Staff would like to provide a summary of the Planning Commission recommendation on this topic. I few questions have been attached to assist the Commission in forwarding an opinion to Council on this subject. ATTACHMENTS: • Possible Alternatives Code Changes • Discussion Questions • Informal Survey of Other Cities - Matrix ■ Map of Ashland - Identification of areas zoned for Travelers' Accommodations (Hotel, Motels, and Bed & Breakfasts) • Document submitted by Mark Dennett • Document submitted by Ashland Bed & Breakfast Network Page 5 of 5 Ir, CITY OF ASHLAND Possible Ordinance Changes 1. Clarification of Definitions Chapter 18 of the Ashland Municipal Code, Land Use Ordinance, includes the following definition for Travelers Accommodations. These establishments are commonly known as Bed and Breakfasts or Inns, are located within multi-family residential zoning districts, often consist of multiple accommodation units and require the property owner or business owner to reside on the property. 18.08.795 Traveler's Accommodations Any establishment in a residential zone having rooms or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities for a period of less than thirty (30) days. The proposed code changes are intended to address the commercial use of a single, individual residence by renting the home for a period of time less than 30 consecutive days, by advance reservation or arrangement. The following is an example of a definition for a vacation home rental: Vacation Home Rental means an individual dwelling unit rented for the purpose of overnight lodging for a period of not less than one night and not more than 29 days other than ongoing month-to-month tenancy granted to the same renter for the same dwelling. 2. Expanding the areas in which Vacation Home Rentals are permitted - Possible alternatives Alternative A - No Changes: Maintain the existing ordinance language and evaluate more aggressive enforcement efforts. Short term vacation home rentals are currently permitted and approved through a conditional use process, but only for eligible properties located in R-2 and R-3 multi-family zoning districts, within 200 feet of a collector or arterial. The property/business owner is required to live on site. Alternative B - Multi-Family zoning districts: Expand the geographic area where short term vacation home rentals are permitted to include all property within R-2 and R- 3 multi-family zoning districts. The property/business owner would be required to live on site, even in cases involving the operation of an individual "vacation home rental". The number of units is determined by the existing formula. A conditional use permit would be required. Neighborhood Impacts -Addressed through conditional use permit. Some impact can be expected due to other permitted and conditionally allowed uses in the zone. Over concentration likely would be disruptive to the existing neighborhood character. Needed Housing - Could reduce the amount of available rental and/or ownership housing 01.22.13 Commission Study Session Staff Exhibit 1 - Page I LAN CITY OF ASHLAND Choice - Increases the number of properties eligible to operate vacation rentals Management - Resident management required Additional Permits & Licenses - Business license, TOT tax, commercial utility rates, county health department, etc. Alternative B. (1): Expand the geographic area where vacation rentals are permitted to include all property within R-2 and R-3 multi-family zoning districts. In the case of an application to operate an individual "vacation home rental", the property/business owner would not be required to live on site (or an onsite manager could be required). The number of vacation home rental units is determined by the existing formula. A conditional use permit would be required. Neighborhood Impacts -Addressed through conditional use permit. Some impact can be expected due to other permitted and conditionally allowed uses in the zone. Over concentration likely would be disruptive to the existing neighborhood character. Needed Housing - Could reduce the amount of available rental and/or ownership housing Choice - Increases the number of properties eligible to operate vacation rentals Management - Resident management not required Additional Permits & Licenses - Business license, TOT tax, commercial utility rates, county health department, etc. Alternative C: Expand the geographic area where vacation home rentals are permitted to include R-1, single- family zoning districts, but only for properties within 200-feet of a major street (i.e. arterial, collector, or neighborhood collector). The number of vacation home rental units cannot exceed one per tax lot. The property/business owner or tenant manager would be required to live on site. A conditional use permit would be required. Neighborhood Impacts -Addressed through conditional use permit. A relatively small number of frequently in use short term rentals could be disruptive to the existing neighborhood character. Needed Housing - Could reduce the amount of available rental and/or ownership housing Choice - Increases the number of properties eligible to operate vacation rentals Management- Resident management required Additional Permits & Licenses - Business license, TOT tax, commercial utility rates, county health department, etc. Alternative C. (1): Expand the geographic area where vacation rentals are permitted to include R-1, single- family zoning districts, but only for properties within 200-feet of a major street (i.e. arterial, collector or neighborhood collector). The number of vacation home rental units cannot exceed one per tax lot. The property owner is not required to live on site. The code would allow for an additional residential unit (i.e. accessory residential unit) in conjunction with the vacation home, but only to house the property owner/business owner or tenant manager. If the property/business owner/manager does not reside on the property, an additional residential unit (i.e. accessory residential unit) could still be permitted in combination with the vacation rental unit, or not. A conditional use permit would be required. 01.22.13 Commission Study Session Staff Exhibit 1 - Page 2 Vii, CITY OF ASHLAND Neighborhood Impacts -Addressed through conditional use permit. A relatively small number of frequently in use short term rentals could be disruptive to the existing neighborhood character. Needed Housing - Could reduce the amount of available rental andlor ownership housing Choice - Increases the number of properties eligible to operate vacation rentals Management- Resident management not required Additional Permits & Licenses - Business license, TOT tax, commercial utility rates, county health department, etc. 3. Additional recommended requirements A. Definitions • Add definition - Primary Residence The property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer's principal residence. In addition to the taxpayer's use of the property, relevant factors in determining a taxpayer's principal residence, include, but are not limited to: (i) The taxpayer's place of employment; (ii) The principal place of abode of the taxpayer's family members; (iii) The address listed on the taxpayer's federal and state tax returns, driver's license, automobile registration, and voter registration card; (iv) The taxpayer's mailing address for bills and correspondence; (v) The location of the taxpayer's banks; and (vi) The location of religious organizations and recreational clubs with which the taxpayer is affiliated. (Note: Take from IRS definition for primary residence) B. Additional CUP criteria for Vacation Home Rentals: • Added requirement: Business License and Transient Occupancy Tax registration required prior to operation of the Traveler's Accommodation. • Added Requirement: Maximum Occupancy Two (2) persons per bedroom with a maximum of 10 persons • Added Requirement: Off-street parking Two off-street parking spaces (cannot be reduced through the use of on- street credits) • Added Requirement: Maximum length of operation 01.22.13 Commission Study Session Staff Exhibit 1 - Page 3 CAN CITY OF ASHLAND Vacation Home may be leased for a maximum of # consecutive days with a minimum 3-day vacancy between rental bookings • Added Requirement: Concentration Vacation home rental properties must be separated from other vacation home properties by a minimum distance of _feet. (Note: This could lead to competition among single family property owners to get approval sooner in order to not preclude their ability to operate a vacation home at a later date) • Added requirement: Required care, upkeep, and appearance of property No more objectionable noise, smoke, dust, litter or odor shall be emitted from the Traveler's Accommodation than a typical neighborhood dwelling. Dwellings used for traveler's accommodations shall be maintained at or above the level of the surrounding dwellings in the neighborhood, including landscaping, signage, and exterior maintenance. Provisions for regular garbage removal from the premises shall be provided and documentation of such provisions shall be included in the City of Ashland files. • Added requirement: Onsite manager or post 24-hour local contact (within 20 miles) There shall be a designated local management person immediately available to handle complaints and problems. The name and contact information of the designee shall be provided to the City of Ashland Community Development Department, the City of Ashland Police Department and to all properties within 200-feet of the Traveler's Accommodation. • Added requirement: Expiration, transfer of ownership, etc. If the Traveler's Accommodation activities cease for a period of six months as determined by transient occupancy tax receipts, the Traveler's Accommodation becomes void with no operation without approval of a conditional use permit. That documentation of the transfer of ownership and evidence of knowledge of regulations shall be provided to the City of Ashland Community Development. • Added requirement: Prohibit advertisement of invalid establishments 01.22.13 Commission Study Session Staff Exhibit 1 - Page 4 LA, CITY OF ASHLAND Advertising a Traveler's Accommodation or Vacation Home rental without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration shall be subject to citation into municipal court. 01.22.13 Commission Study Session Staff Exhibit 1 - Page 5 CITY OF ASHLAND Discussion Questions 1. Should changes to the Land Use Ordinance be considered that provide more opportunity for property owners to operate vacation home rentals? If yes... 2. Currently, vacation home rentals are permitted as a conditional use in multi- family zoning districts (R-2 and R-3) on properties located within 200 feet of an arterial or collector street. Should the area eligible for establishing a vacation home rental be increased to include: a. All land within Ashland's multi-family zoning districts? b. Should a property owner/business owner/manager be required to live on site in the case of a property where only one, individual vacation home rental is in operation? 3. Currently, vacation home rentals are prohibited as a use in single family zoning districts (R-1). Should lands within Ashland's single family zoning districts be eligible for establishing a vacation home rental through the conditional use procedure? If yes, a. Should the area be limited to those properties within a specified distance from an arterial or collector street? b. Should a property owner/business owner/manager be required to live on site in the case of a property where only one, individual vacation home rental is in operation? c. In addition to operating an individual vacation home rental on a property within a single family zoning district (R-1), should the property be eligible for an additional accessory residential unit? 4. In all cases above, should establishing a vacation home rental be subject to a land use application, such as a conditional use permit, with public notice providing to surrounding neighbors? 01.22.13 Commission Study Session Staff Exhibit 2 - Page 1 C.\ C C > U U CO W N W - C C d 0 N a) m (L) m m (L) m a) m w (n N N C. co CL N C_ N C. 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RRyyry>~4 u n{. ~Y,5~1~ l 5 Iql O ~ ~ kn `A N F✓ t tj ( f f to •d ~P 4T 0 .318 O L A a 'ua '.Er. 1 DrWaz l l3 ylN 3 is N o N IM { ~ SJ p N O 3 0 15 WMl M m O I VACATION HOME ORDINANCE CITY COUNCIL STUDY SESSION BACKGROUND BRIEF What Is The Size of the Vacation Home Rental Market? National research (Phocus Wright) shows that today there are four lodging choices that are considered individual visitors markets: • Staying with friends and relatives • Motels/Hotels/Resorts • Bed & Breakfast Inns • Extended-Stay - Vacation Home Rentals Staying with friends and relatives and motels/hotels/resorts remain the two largest. But the next two are equal in size: B&B's and vacation home rentals both control 11 % of the national market. The fastest growing demand is for extended-stay style lodging, such as suites, cottages, cabins and vacation homes. According to a 2010 HomeAway study by Radius Global Market Research, the vacation rental industry generated more than $85 billion in 2010 in the U.S. and Europe.HomeAway's LeisureLink Demand IndexTM shows that overall vacation home lodging demand grew more than 200% between 2008 and 2010. This demand is reflected in the explosive growth of vacation home rental websites: • HomeAway, Inc. - Is the worldwide leader in vacation home rentals with 735,000 paid listings. HomeAway owns the three major vacation home websites in the U.S.: HomeAway.com VRBO.com Vacation Rentals.com The pioneer site was Vacation Rentals by Owner (VRBO.com) founded 15 years ago. It was acquired by HomeAway in November 2006.Vacation Rentals. com became part of HomeAway in May 2007. In addition, HomeAway also operates BedandBrea kfast.com, the most comprehensive global site for finding bed-and-breakfast properties. Google Ventures purchased HomeAway shares from existing investors in November 2010 to provide major search support for all the sites. 2 • FlipKey - Majority-owned by TripAdvisor* - the largest travel site in the world - is promoted on TripAdvisor.com and other TripAdvisor media sites and is the other major online player with 160,000 vacation homes located in over 7,000 cities throughout the world. Of course, this review doesn't even touch on the explosive growth of Craig's List, which is now the prime source of classified advertising in America. These vacation home websites have almost 60 million visits per month. With all due respect, Ashland simply can't control this exploding lodging segment by enforcing a 30-year old hotel/motel ordinance on a few select homeowners. How Do Vacation Home Rentals Differ From The Hotel/Motel And B&B Market? While B&Bs and Hotels/Motels occasionally compete with Vacation Home Rentals, homes attract a very different clientele based on psychographic research. • In America, B&B clients desire a luxurious, historic, and personalized experience with the owners in a neighborhood setting. • Hotel/Motel clients desire more amenities (spas, pools, workout rooms, restaurants, bars), convenience to major attractions, and they often look for package deals. • Vacation rental home clients desire the inherent value of renting a home, with extra space, privacy, and home-style amenities (kitchen) with are ideal for longer stays. Homes particularly appeal to extended families, small groups (two couples), visitors traveling with pets, and foreign travelers that can stay a longer period of time. The LeisureLink Demand IndexTM found that travelers are using vacation rentals for everything from weekend getaways (38 percent) to multi-week vacations (21 percent). In addition to flexible lengths of stays, travelers agree that the use of vacation rentals allows them to enjoy a range of value-related benefits. In fact, nearly 74 percent said they are able to travel with more friends and family. Fifty percent said vacation rentals allow them to take longer vacations; 49 percent said they can take more upscale vacations; and 35 percent said vacation rentals allow them to travel more frequently. What Is The Estimated Size Of This Market In Ashland? This is hard to determine since Ashland's current enforcement policy has driven the majority of vacation homeowners underground. Based on informal discussions with numerous property owners and reviewing online resources, it is estimated that 3 there are 150 properties that are being marketed as vacation rentals.Of course, not all of these are illegal. HomeAway research reveals that the national average for vacation home rentals is20 weeks (140 days), so this represents a potential of 21,000 room nights that could be taxed. The City of Ashland is in a position to estimate potential Transient Occupancy Tax (TOT) from these homes. But the potential to significantly increase TOT collection by creating a Vacation Home Rental ordinanceis significant. What Are The Key Reasons For Changing This Ordinance? 1. It increases the supply of taxable lodging. Ashland needs more lodging capacity and more TOT revenue, especially with the closing of a large portion of the Windmill Inn of Ashland (Ashland Hills). The city, given its "no growth" policy and limited land for development, cannot easily increase lodging capacity by building more hotels and resorts. An updated ordinance to regulate vacation home rentals in all zones, including R1, would not only increase lodging capacity, it would support the city's "in fill" philosophy and allow Ashland to better serve a distinct segment of the lodging industry. 2. Vacation home rentals fulfill a known visitor need. In reviewing past guest records with a variety of vacation home owners, the typical Ashland vacation home renters are extended families, two couples, or someone looking to relocate. They want to "test drive" living in an Ashland neighborhood, and they can't do this with a B&B or motel/hotel experience. Home rentals especially appeal to foreign visitors that may be here for longer periods. Also, more and more visitors want to travel with their pets, and this eliminates many current Ashland lodging choices. 3. Vacation home rentals strengthen Ashland's economy. Because vacation home visitors typically stay longer, a week or more, there are more opportunities for tourism dollars to reach deeper into the community. By staying longer, these visitors support more local businesses: wineries, culinary attractions, shopping, local artists, golf, etc. The longer someone stays the more likely they are to shop in local stores, buy groceries and gas, purchase fresh produce at the farmer's market, go to the movies, ski Mt. Ashland, and support the more than 80 restaurants and numerous galleries in Ashland. 4 4. Vacation home rentals protect neighborhoods and provide supplemental income for homeowners. Many aging or retired property owners, who had planned to sell their homes as part of their retirement income plan, cannot afford to do so at current market values, even though they may no longer live full-time in Ashland because of family commitments, health issues or a desire to travel. Many homeowners also rely on this supplemental income to pay their property taxes and mortgages in the face of layoffs or other economic issues. Many are at risk of losing their homes if they are denied this income source. If these owners are forced into foreclosures and loan defaults, how will this help the City, Jackson County, or our Ashland economy? One of the key factors in studying this issue is that the vast majority of Ashland vacation home rentals are not owned by corporations or companies. They are owned by local residents that live in them, so they are focused on protecting their investment and that means protecting their neighborhoods. In reviewing other cities that have had successful vacation home rental policies in R1 zones, there is no evidence that vacation home rentals will negatively impact the residential feel of a neighborhood. What Is The Challenge With Enforcing Current Regulations? The city's current "crack down" on vacation home rentals, driven by a complaint by the local B&B industry, places the city in a questionable legal environment called "rent-seeking." In economics, rent-seeking is an attempt to obtain economic control by manipulating the social or political environment in which economic activities occur. The simplest definition of rent-seeking is to gain wealth by increasing one's share of existing wealth, i.e. market share, instead of trying to create new wealth. The City of Ashland, by favoring one lodging segment over another could be accused of doing this. Of course, this doesn't touch on the legal issue of selective enforcement, where the City has not applied their enforcement efforts equally. Easily identified vacation rentals have been targeted, while the vast majority that are flying under the radar have not. If this ordinance is to be enforced, it must be done so across the board and in a manner that is fair to all vacation homeowners. As outlined, given the explosive growth of this segment over the past decade, the City has placed their hard-working and dedicated planning staff in a position where they have to spend time scouring websites, instead of simply updating and revising a vacation home ordinance that would make vacation home rentals a positive economic and community asset for everyone involved. 5 How Difficult Will It Be To Establish A Vacation Home Ordinance? An ordinance specifically for vacation homes is nothing new. Numerous Oregon cities have embraced the vacation home rental segment for years and made money by developing sensible regulations that can address neighborhood issues while collecting TOT from everyone. It should be relatively easy to obtain copies of existing regulation that have proven very successful. I have already provided a copy of a 20 year old Gold Beach ordinance that is working well for their community. Will Ashland B&Bs SupportThis Change? In my informal discussions with B&B owners, if an ordinance change creates a level playing field and stops giving illegal rentals a competitive advantage; I believe they would be supportive. As a former B&B owner, I believe Ashland's B&B industry deserves a level playing field. Although there is no hard research that vacation home rentals offer inferior accommodations or directly compete with B&B's for longer stays, Ashland visitors certainly need to be assured that home vacation rentals are regulated and the city needs to collect TOT from all visitor accommodations. Will Ashland Residents Support This Change? In talking to numerous residents, home owners, B&B operators, and neighbors, I believe this change will be positively received by the community. But only an independent, scientific study can answer that question. I would urge the council to consider conducting a quantitative study that would provide the City with input from the entire community. Below are a few of the comments I have received by Ashland homeowners: Longterm property owner, resident (30 years)and business owner '7 chose to list my own home with VRBO because I saw it as the most beneficial way to make ends meet. 1 have experienced a dramatic increase in expenses over the last few years and no additional revenue. I have lived in the same neighborhood for over 30 years. I have seen many changes in property owners and new construction. The neighborhood has only improved and shows a real pride of ownership. It is a mix of single family owner occupied properties and higher density rental properties. 1 understand the City's concerns relating to short term vacation stays in these neighborhoods. Based on a previous experience renting out a property thru VRBO 1 knew my clientele would be a sophisticated and moneyed group. 6 My maximum occupancy was 4 adults, no more than the occupancy of a longer term rental. The traffic, noise, and presence would be no more than a longer term rental. My guests paid a significant security deposit and 1 had an on-site manager in another rental on-site. To date I havenever had a problemwith short term quests, but I have had to respond to many noise, parking, damage and other issues with long term tenants. My neighbors have all commented on how pleasant and effectively unchanged the neighborhood has been since the visitor season began. The City should begin to develop with home owners under no penalty, a comprehensive review and plan of action to license shortterm vacation stays. Tourism is the life blood of this city. We must be forward thinking and create the most vibrant tourism economy possible. The City and Municipalities would generate new revenue with a revised ordinance. The trickle-down effect for the overall economy would improve. The City needs to prioritize this issue. A plan for guidelines, licensing etc. must be put into action for the 2013 Season. Jeff and Melody Jones - Long term property owners As a vacation rental owner, I feel privileged to be able to share our space with people who choose to stay with us rather than a hotel. We have made close friends with guests who return year after year. All of our guests are here to see Shakespeare plays, attend weddings, and mostly, to live in a neighborhood to get the feel of Ashland to retire or relocate in. These people are intelligent, kind, and very respectful of our property and our neighborhood. Everyone recycles and we only ever have ONE can of garbage per week. Because of our guests, I am SURE our yard and environment is much cleaner and presentable, like cleaning one's house before having dinner guests. Our guests don't pick up children, drive to and from work every day, go to appointments or do daily errands, they seldom get in their cars. There is definitely a shortage of housing for Ashland visitors as people often comment that EVERY PLACE is totally booked and they are so grateful there is an alternative place to stay. I hope the council understands the importance of vacation rentals. 1 see this as being nothing but a win win for the City of Ashland, our visitors and us vacation rental owners who need this extra income to pay for the high cost of living in this lovely place. 7 Visitor's comments: "We were fortunate to have stayed at this lovely cottage in June 2012 and we would like to thank Melody, Jeff and Julian for their hospitality. Their place has a beautiful, large garden with 3 seating areas, a BBQ area, a vegetable garden and a hammock - all of which were offered for our use. We were in town for a family wedding, and were encouraged to invite people over to enjoy their amenities. Over the course of the month we were there, we were able to invite our relatives and friends over - and ended up having some wonderful evenings with them. The cottage is within walking distance to Lithia Park, the Shakespearian Theatre, the Cinema and several restaurants and shops. You won't be able to find a betterplace to stay in Ashland. We are looking forward to going back next year". Char and Gerry -Vancouver Island, Canada Diane Paulson - Long-time property owner In reviewing my past tenants, we have had three people who lived in Annie's Cottage and came back from where they lived and bought homes in Ashland. We housed the temporary/Interim Fire Chief, people attending the United Bicycle Institute (UBI), overseas visitors (Korea) and people as far away as New York City. All of these guests have infused more money into the Ashland economy than just their rent. And a good number of grandparents who want a large enough space to have their grandkids stay over, cook for them, babysit for their kids, absolutely would not work with a B&B or a motel room. We've also had other VRBO ownersfrom other cities stayed because they wanted the same experience that they were offering, more privacy, less noise, more amenities like cooking at home, bringing their pets, more feelings like you are a local and NOT a Tourist. They love that they can meld into the local culture more. Some of the people wanted to come for a week, some for a few months. We had to tell the weekly ones, that the we had to charge them a monthly rate and they came anyway... staying as long as they could to get their money's worth. Our neighbors do not have any complaints that I am aware of, they see our guests as a vehicle for friendship and adventure, thru getting to know them and what their stories were. AUTHOR OF THIS BRIEF - Mark Dennettis a former B&B owner, a former operator of vacation rentals in Sun River, Jacksonville and the Oregon coast, and a long-time tourism consultant who has worked for various local hotels, resorts and B&B's. In developing this background brief he has had extensive conversation with local Ashland property owners and has reviewed a variety of secondary research. Dennett is owner of the Ashland based Dennett Consulting Group and DCG Research. Ashland's Bed & Breakfast Network (ABBN) Position Paper on Unlicensed Vacation Rentals To: Ashland City Council Members From: Ashland's Bed & Breakfast Network Date: August 2, 2012 In anticipation of the Ashland City Council's upcoming Study Session to discuss unlicensed lodging operations throughout the city, the Ashland's Bed & Breakfast Network (ABBN) Board, the only organized lodging association in Ashland, met on July 30, 2012 and respectfully presents its position for your consideration. Our View: As long-established business people and residents of Ashland, the most important considerations for the city in responding to the request for revisions of the Travelers' Accommodation Ordnance are the protection of city neighborhoods and permanent residents, and to provide visitors to Ashland a first rate experience with safe, clean and environmentally- sound lodging. Appropriate living, sleeping and adequate parking must be provided and the city's taxing laws should be evenly enforced. Only then should consideration be given to the sometimes competing interests of various segments of the lodging industry. As for legalizing Vacation Home Rentals in any R-1 zone, it is critically important that the integrity of the R-1 residential neighborhoods is maintained and the city solicits residents' input. You should be aware that the city's recent enforcement of the city's 30-day rental ordinance on unlicensed lodging operations was not initiated at the request of ABBN or any of its 22 members. Moreover, ABBN, which represents the most highly-regulated segment of the lodging industry, does not necessarily oppose updating/amending the city's Travelers' Accommodations Ordinance (18.24.030.K). However, we hope that the Council would not apply a different set of standards and regulations for Vacation Rentals versus other lodging establishments such as B&Bs. Nonetheless, if a lower set of standards and regulations are proposed, then in the interest of fairness, we expect the same is applied equally to all lodging establishments in order to provide an equal playing field. To that end, should the city decide to update/amend the ordinance, we would like to make sure that at a minimum the following requirements are met by all applicants: a. Obtain Conditional Use Permit; b. Obtain Business License; c. Comply with Jackson County lodging requirements; d. Comply with the City of Ashland and State of Oregon Transient Occupancy Tax; e. Provide adequate and required off-street parking; f. Conversion to city's commercial utility rate for all services; g. Obtain Commercial liability insurance for guest safety; h. Require annual fire-safety inspection; Page 2 Ashland City Council August 2, 2012 ABBN Position Paper on Unlicensed Vacation Rental It is worth noting that as more rental units are taken off the long-term rental market to rent as short-term Vacation Rentals, the Ashland rental housing market will be negatively impacted both in term of supply and price. As the city budget reflects, the city's Transient Occupancy Tax has decreased in recent years. This not only indicates unlicensed Vacation Rentals are taking business from licensed lodging establishments, it indicates that sufficient room vacancies exist within the current licensed lodging establishments. Members of ABBN will be present at the Council's Study Session and will be happy to answer any questions you might have. Sincerely; ABBN Board of Directors • A Midsummer's Dream Bed & Breakfast • A-Dome Studio • Abigail's Bed & Breakfast Inn • Anne Hathaway's B&B and Cottages • Ashland Black Swan Inn • Ashland Creek Inn • Ashland Mountain House B&B • Ashland Royal Carter • Ashland Tudor House • Bayberry Inn • Blue Moon Bed & Breakfast • Chanticleer Inn B&B • Coolidge House Bed & Breakfast • Country Willows Bed & Breakfast • Iris Inn • McCall House • Oak Hill Bed & Breakfast • Oak Street Station • Romeo Inn • Shrew's House Bed & Breakfast • TouVelle House Bed & Breakfast • Winchester Inn Restaurant & Wine Bar CC: Dave Kanner, City Administrator Bill Molnar, Community Development Director February 27, 2013 RECEIVED To: Ashland Mayor and Councilors FEB 2 7 2013 From: Ashland Lodging Association Dear Mayor Stromberg and City Councilors Lemhouse, Marsh, Morris, Rosenthal, Slattery & Voisin: Members of the newly incorporated Ashland Lodging Association, an organization of 46 licensed hotels, motels, inns, B&Bs, vacation rentals, cottages and hostel in the city of Ashland are strongly encouraging the city to actively enforce the municipal codes to shut down the illegal/unlicensed operations of short-term vacation rentals (under 30 days) in the city's single-family residential zones; and to shut down or bring into compliance those unlicensed lodging operations in other city zones. In recent years, the number of unlicensed vacation rentals in the city of Ashland has reached unprecedented levels. At the present time, the number of unlicensed operations nearly exceed the number of licensed establishments in the city. The lack of enforcement by the city is allowing these illegal, unlicensed, an-inspected, and unsafe properties to change the character of the single-family neighborhoods by the increased traffic, excessive noise and parking issues. It reduces the supply of available long-term rental properties for residents, which results in increased rental fees for long-term renters. It continues to take away business from licensed establishments and cheats the city and state of badly needed Transient Occupancy Tax. As licensed and legally operating lodging businesses in the city of Ashland, we urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations and shut down these illegal operations. Sincerely, 2nd Street Cottages 4th Street Inn A Cowslips Belle A-Dome Studio A Midsummer's Dream Abigail's B&B Abram's Cottage Albion Inn Anne Hathaway's Arden Forest Inn Ashland Auburge Ashland Black Swan B&B Ashland Commons Ashland Creek Inn Ashland Royal Carter Ashland Springs Hotel Ashland Super 8 Ashland's Main Street Inn Auburn Street Cottage Bard's Inn Barking Raven Inn Beau Soleil Cottage Blue Moon B&B Brenden House Carriage House Central Ave Cottage Chanticleer Inn Coolidge House B&B Delaunay House Hanna's House High Street Cottage Holiday Inn Express Iris Inn B&B Jessel House Maxfield's Oak Hill B&B Oak Street Cottages Parkside Cottage Pelton House Plaza Inns & Suites Romeo Inn Shrew's House B&B Stones Throw Bungalow Terra Cottage Inn The Victorian Secret Windsor Inn Attachment: 46 signed petitions PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland,1 urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date I*Z A F-Inc.Y\. ✓LO ~ M1111t " Business Owner/ erator It name 2 n A 5t toDttQC Business Name Business Address i PETITRON Activ~ Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland M yor and Councilors: Despitethe rec ent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that licensed vacation rentals are taking business away from licensed lodging establishmen and are not paying TOT to the city and state. In addition to heating the city and state of TOT dollars, these illegal operations are endangering the lives of ' hors by not being properly licensed and inspected; as well as not carrying proper liability insu CC. This practice as been going on for along time with the full knowledge of city administration. The number as t been operating illegally has mushroomed as can be seen by advertising on VRBO.com, 'rrbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not mire unlicensed operations in the city as the licensed establishments. The city of Ahland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is en ugh! It has been over nine months since the last time this issue was brought to the attention of tulle City Council and City staff and nothing has been done to fix it. As a licensed I and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules d regulations on the book and shut down these illegal operations- Sincerely; Signature Date / Business O er/Operator Name Business Na' e Business Ad ess I 12/22/2011 17:01 5414826138 COWSLIP/CITY DUNKERS PAGE 01 l/ Prom: Licensed Ashland Lodgingc11censedashiandlodging l 309mail,cum> Subject: Meeting Raminder•UnUcensed Ashland Lodging Onto: January 2, 2013 2;01:54 PM PST To: Licensed Ashland Lodging cLiaonsedAshlandLodgingl3@gmall.coms Occ,: slayMeawslip.com 1 Attachment. 64,0 NB Dear Licensed Ashland Lodging Colleague; Thank you again for your overwhelming Support of mis Important Issue. This Is to remind you at our general meeting scheduled for Friday, January 41h at 2:00 PM at La Casa Del Puebla Restaurant at 1209 SIsklyou Boulevard. Attached to this email, please find the petition to Ashland Mayor and Councilors. Please print, sign and bring It fo the matting. For those who are unable to attend the meeting, please template the petition and send it back al your earliest convenience. Best method to return the petition Is via email If you have access to a scanner. If not please lax the petition to; 41.4883108 or mall it to 451 N Main Street, Ashland, OR 87520. Thank you; AN Maghemlar Propriator, Abigail's Bed & Breakfast Inn Chair, ASSN Ad-Hoc Commlltee on Unlicensed Lodging PETITION Active Enforcement of Unliesnsed VADAtlon Rentals in the City of Ashland 'I'D Ashland Mayor and Cuoncilurs: Desphe the recent recession, record numbers of loutists an visiting Aehlond and requiring lodging. Interaningly, In recent yens. Ashland's transient occupancy tax (TOT) yield has decrensed and occopopcy in licensed lodging buslnossw has dccllned. This is primarily duc to the fact shot unlimited vacation morals me taking businea away from licensed lodging cstehitdtmeng and arc 1101 paying TOT it dic oily and stnlc. In addition to chanting dic city and share of TOT dollnra lheso illegal operations nm mtdangering the lives ofvisitors by not being properly licensed and inspected; as wallas not carrying pmper liability Insurance. This practice ties Imen going on fnr a Inne. time with the full knowladgo of city ndminisvmom, The member of properties operating illegally hog mushrnnmed as can be seen by advertising an VRDO.mm. Airbnh.cmn,homcaway,cmn, crslgsllsLdom and other web sites. There am now as many irrmt more unlicensed opcmtium in the city as the licensed establishments. The city of Ashland is losing ate minimum $100.000 and potentially 110 to $100.0(o onnnutly in TOT by allowing these unlictmcd operations in continue. These figuros do not Include nedilfunnt loss of revenues by ate city In pusinesa license faa turd commercial utility tams, gnauAli is enoughl It has bean over nine months since the last time this Issuc was brouphl to the am ntion atthc City Council and City staff and nothing has peen limit to Ra it, As a I latmed end Ieanlly operaling lodging business in the city of Ashland. I urge you an Oalad(t any effort 10 occammadam diets unlicensed opmntiam. Instead, actively enforce the current role and regulations on the book and shut down these illegnjl operations. Sincorcly: AvniyiclU - "A ZL.LL-~A.c 3 / D~cKATC:2S A72~ .oar Y''6Y~~c - rAX , P~:2SDifJ,9.C_ SignOture Data i'RCYt'.~TY T,6 4x tit '1^p '1^p fJ/ZC L7J~ Outmost Oswtor/Olummr Name RC I'm RT i n3G~ AD1J/7/LII't~,9L /~.rCI~MF ~pA)S~ /1~5 l3fLL rf 13 Ausinesu Name r 7-0 7H /~~jJE'.Q/yl- j PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely;; Signature Date 13,/-'6j9,r 5L1-100.,1 UvIt f~ Business Owner/Operator Name Business Name Business Address V PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date ht 5 Ct_ Q' ~ ~a c~ Business Owner/Operator Name Business Name I q°l 33Q,,>n ~sl~ sav Business Address V/ PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; A/v Signature Date ,.8l` 100A4 Business Owner/ perator Name 4 / 'p dis Business Nanie Business Address t i i Jon 02 13 04:17p Debby or Mike Bird 7072656644 p.1 PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging j establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not beingproperly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature II pp Date Business Owner/Operator Name A~t`tAy S C2 e, Business Name Business Address i i V/ PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 1=~-1,3 Signature Date c4;~ ~KDan) Business er/Operator a e fir,hk-)fl 10 V) Business Name Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature L Dam Bushiness Owner/Operator Name Business Name Business Address I I PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, t urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Sign tur Date Bus' ess Owner/Operator Name )1e IV F - I J, Flu iness Name ~ C l GJ f{~s~~ S~-~ I Business Address i PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; r Signature Date aN wU„~~Ul Business Owner/Operator Name 1h2nlw~~,U~ !rrnW I.vt , Business Name tim W 06,'M AAA A Business Address V PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, .1 urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signatu~iie , u Date 4-0,cy,\ i~~j 0.~ Business Owner eratorName }`sh`tavld,S 3Vc.L p"`X.Vl ~hvl Business Name ►tt f\5 3°A 5t-/ krmAn-'),U2 20 Business Address V PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record nunbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined.. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. in addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time-this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signatrre Date n~. ~iz Business Owner Operas r Name Z) C10 12) /Y- Business Name Business Address i To Ashland Mayor and City Councilors: As the owner of a licensed lodging establishment in the City of Ashland, I am writing to encourage you to devote the resources necessary to resolve the issue of unlicensed vacation rentals as quickly as possible. By allowing this issue to remain unresolved, I feel the city is causing several potentially serious issues to occur: 1. The city is not collecting TOT on most/any of these establishments. While the amount of this lost revenue is difficult to determine, it is significant. 2. Because the city has knowingly allowed these illegal establishments to continue to operate, at some point the City of Ashland may become liable for damages or injuries to the clients of these establishments, and become an attractive, rich, target for a suit. 3. The use of these properties as Vacation Rentals is a clear violation of zoning laws for the City of Ashland and creates an unfair reduction in the value of neighboring properties. One of the responsibilities of the City, as a shepherd of the population, is to enforce its laws uniformly and fairly. By allowing a certain group to openly violate some of the laws without penalty, the City undermines its authority to regulate anyone for anything. 4. As the owner of a regulated property, I have expended a large amount of resources to acquire and maintain my licenses with the City. With no apparent downside to simply ignoring the laws that I currently uphold, I am left to wonder why I should continue to collect TOT and pay them to the City. I bring this to your attention to illustrate the conversation that is currently occurring within the business community. While I understand that the City is most likely working, in some way, on these issues, without any feedback from the City, we are left to assume that nothing is being done. At a minimum, I would encourage you to publicly share your progress on this important issue. Tha yo for our consideration, Gra eldon Owner, Ashland Creek Inn 70 Water St Ashland, OR 97520 I I PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a longtime with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed And legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date Business Owner/ Operator Name Business Name ~ S/ Sit tias~ ~ 7 UT~,J Business Address Feb 19 13 09:259 p.1 PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a longtime with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. i The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legal ly operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the; current rules and regulations on the book and shutdown these illegal operations. Sincerely; 4sj~enau Date 4e5 1 MQ + Business ame pia MAN s~ Business Address Jan 02 2013 2:55PM SUPER 8 MOTEL*RSHLAND,OR. 1 541 482 0814 P.1 PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield-has decreased and occupancy in licensed lodging=businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these!illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can.be seen by advertising on VRBO.com, Airbnb.com, homeaway.cwm, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in. TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 01/02/2013 Si lure Date Mukesh M./ Patel Business Owner/Operator Name Super 8 Motel I Business Name I 2350 Ashland St., Ashland, OR. 97520 Business Address I l/. PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslis[.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the l current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature ate 7 ~nri LDtAC, Busmess Owner/Operator Name ,t I Ti5/1Gc~uLi NLatin ~l"~ lt_~ ' Business Name i i l42- Al, NL,li,, i 1ftU-x ,4 02 97S--2-~) Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enoughl It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; / ;7') 4 Signatur% y~~ w l7 Date MAF-Trn/ 7r46 «I<i(E5 Business Owner/Operator Name //uBUz_J SF- Business Name Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; a ar Si ture Date JOncxtkaa Wowre-rt_ Business Owner/Operator Name z ara~ ]_n nti Business Name 13a, 0. Maiill_..5f Business Address Pt ✓ PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enoughl It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date Cher 111e~^ke~S~l~ Business O er/Operator Name ✓t j Business Name CC ~ 900 -12%w6 df• *{4C44,d e)4 C175 zel Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected, as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com. Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. rely; 12 Jan 2013 Signature Date PRISCILLA HUNTER Business Owner/Operator Name BEAU SOLEIL COTTAGE Business Name 143 Fourth Street, Ashland, OR 97520 Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; C~ Julie and Jean-Pierre Langlade 01/07/2013 Signature Date Julie and Jean-Pierre Langlade C Business Owner/Operator Name Jean-Pierre and Julie Hospitality LLC dba Blue Moon Bed and Breakfast Business Name 312 Helman St, Ashland OR 97520 Business Address I P EUTION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, l urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature n' Date Business Owner/Operator Name Business Name aa3a~~ ' Business Address V PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature D tie Business Owner/Operator Name Business Na Business Address I t~. PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; dtd- UCl titer 1/i//5 Si nature II II Date `Y Yl Avtrlu e. ~o ttaG 2. Business Owner/Operator Name-- 415 ~aqAkevl Business Name ~go Ce!nfirm ko-, At meLn r) K ~ TSzO Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not canymg proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date Business Owner/Operator Name 2zA,-q f 'n zl~ a2 Business Name I i~ C) s'`,, S7Z Business Address I PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring .lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date I I ,►,rv Business Owner/Operator Name CoQ~ ~nrA>tr4j)l- Business Name Business Address L 7 PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; S' nature at° /S~G-e/,- Business Owner/Operator Name Business Name Business Ad ress PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to 5x it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Sig' a re Date Business Owner/Operator Name (~~Gt~!1lr1rg~~ 1~ ~'u~ Business Name Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record members of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. i Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 2 Z / Z 20/3 Sign are Date Business Owner/Operator Name 41 Business me r Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; o~n ~~c„~ zl yt l 3 Si ture-Date 8 4 11 kLVt. W rrelml Business Owner/Operator Name T'YO~i QU ~-N ~x~YeGj~7 Business Nape 5(5 Goyee I.artP, Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort, to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature ate Business Owner/Opera ame Business Name ll9~ /a I Business Addres j. PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashlands transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and stale. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has muslu'oomed as can be seen by advertising on VRBO.cwm, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city m the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 1, '7L 0 Signature ~ Date ~GG~- /LcCCt~a~ Business Owner/Operator Name S72 51~el ~2C/,S Business Nante s4/ /-o//Y si Business Address I I FROM :1-ARSON FAX NO. :5414880761 Jan. 06 2013 00:20PM P1 PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland ,To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. in addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.eotn, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Si Date Busine~dA Owner/Operator Name ` /////w ]i P/cs/ rS Business Name C.7a- Z?S Business Address I I • I li PETI'T'ION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 6 nature Dat ~usmess Owner/Operator Name Business Name Business Address i PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unticensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date ( J Business Owner/Operator Name Business Name \7 ~ oq~ V Business Address PETITION Aelive Iinforcvmenl of Unliecroed Vacation Rcntals in the City of A.vhUa ll 'I:. Ashland hl:rtar and Cnuncibra: s icspite the R•rem recession, record numbers of ¢nuists am ci>iting A.Idnud and requiring Indoinl; Imcrcstingly, in recent yeore, AsIdlll'I" Inlrl5lenl urea; anry lac i'IU 1'1 yield has decn'ased;at,] uccugancr ill licensed W,,in- busincssc, has dceI incl. Ih is is primaril_, e9ue to the dart Ihot unliesased vaentinn Iemsls arr;aklnft'ouiil' im,av Clot it Iic:'osed lodging esl;d4isbntenIs m:d Ito: u:+l paying TVT to the city and sere. It. addition to eh•crr(iq¢ the city and scare of 1 )1 dul6r:<, these ilhgal operU imis ue er.duneering rtr li. as 1)l eis.iinr; Irr nor 1,611: p,op<it licensed ;u:d iu.peckd: u_,- cell es not earning. proper 11?k prm7iee ha, @.0011 noiog nn fir a long 4itt,- ,ijt if IV Iilll }.uot+II'll:e of city administration. I lie nual1wr of I>rVImdta operatin_ IIle'III h dht.1 a-ar..hntsnted ae can be ;cell by srh:.eking r:n VRIV).Coln. Alrilnb.cum.hnmea:uc.com.. craiIIs l i were Ind mh.c ,•a?b,i IV III,,, p, it.... Ill mm~}' it* not mete Im Iwe.n :rd n'vrV, km tin III,- Pin' nu: II re licensed eht:,hI ishntents. "It: cit) of Ashlard is lasing:; a minimum: $iOll igm anal pnfemisll; up to S'00.IIUp aunU611, in 10 f by alla,aietz rhe,c rntficanscd npwnon, In Vominor. Thew figures do ant include addiliUrall loss a,f rr,Cnaes by the rlty in husiras IlNdlire tees and minonemial ntilire ralds, httnngh is enogr,h! It has heen necr nine Innnlha sines lilt, I»sl time 111k is:w;• was bruvL[It (6 IhC attention of the Cite L'ouucil and Ci I) sluff and nothing has b:en done to lis it. A;a liern<M amd hpalip opoillin; Indl:ing hu;Incs, in the col, rt'Wilind, I wl;; )irtl IP abandon amp elliat W aeeJrmtWdate dwse nrdicensed operations. InAetal. acutely VnCorve the eurrant role, and rc.ulatinns on the kstA and shoe 11,1+:1) these ille,_at nixrndurs. Sinccrel,: Si6rta wi._, ^I Uatc R^acind" (lunzdt )ftir:nnr Name t ~ ,I VL 'I Rusine;C Address hlips://mail.google.crllrVniail/u/1Rui=2&11rf5age6eaSO&%i V pt&cal=ABBN-Unlicensed&search=wt&mmg=13cf34f76f5a326f I I/ PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homcaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date Vim? eyl, n,i,Vt Business Owner/Operator Name e? K14 kilMv A- Business Name Business Address . PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Signature Date C a.. l I^! Business Owner/OperaO Name 10..Z v~ c: ~1-~S QT 'q-~S~'1 far c~ v.L~ Business Name 8 C~ 1 Ash L~ol Business Address i i PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Sign ture/e/ ) Date Business Owner/Operator Name Business N e Business Address i I PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Y SignNatunre Date Business Owner/Operator Name Business Name :Sn C) Business Address V PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; 69v rte/A f /k,11-3 Signature Date kµl'! h 0 N 0-0- Business Owner/Operator Name 04o es -04o w W"P.jo tm Business Name 12's, WiW;- OF- q-4-5,7-0 Business Address PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Z- Z- z 3Z, Signature Date Business Owner/Operator Name 6`~2 ✓tOOS~ ~1 I.Pi✓Yc3 c J-0 Business Name f56/66 W WIL 5-FK1-L,/( Business Address I PETITION Active Enforcement of Unlicensed Vacation Rentals in the City of Ashland To Ashland Mayor and Councilors: Despite the recent recession, record numbers of tourists are visiting Ashland and requiring lodging. Interestingly, in recent years, Ashland's transient occupancy tax (TOT) yield has decreased and occupancy in licensed lodging businesses has declined. This is primarily due to the fact that unlicensed vacation rentals are taking business away from licensed lodging establishments and are not paying TOT to the city and state. In addition to cheating the city and state of TOT dollars, these illegal operations are endangering the lives of visitors by not being properly licensed and inspected; as well as not carrying proper liability insurance. This practice has been going on for a long time with the full knowledge of city administration. The number of properties operating illegally has mushroomed as can be seen by advertising on VRBO.com, Airbnb.com, homeaway.com, craigslist.com and other web sites. There are now as many if not more unlicensed operations in the city as the licensed establishments. The city of Ashland is losing at a minimum $100,000 and potentially up to $200,000 annually in TOT by allowing these unlicensed operations to continue. These figures do not include additional loss of revenues by the city in business license fees and commercial utility rates. Enough is enough! It has been over nine months since the last time this issue was brought to the attention of the City Council and City staff and nothing has been done to fix it. As a licensed and legally operating lodging business in the city of Ashland, I urge you to abandon any effort to accommodate these unlicensed operations. Instead, actively enforce the current rules and regulations on the book and shut down these illegal operations. Sincerely; Si lure Date - na-6lat2. W arrevt_.. Business Owner/Operator Name w I nA 5or Th t2 Business Name 25z0 Ashlgr,d .5+. Business Address i Amy Gunter From: Shaktari Belew [shaktari@gmail.coml Sent: Monday, February 26, 2013 2:10 PM To: guntera@ashland.or.us RECEIVED Subject: Short Term Rentals in R1 Zoning FEB 2 5 2011 Dear Amy, I recently received a notice because f advertised my home on an internet rental site. After speaking with you, I now realize I can only rent per month and I have changed my listings to reflect that. However, as a former top Realtor in our area and a long-term resident (27+ years), who has consistently contributed her free time to benefit this community, I believe the regulations involved, though originally well- intentioned are now counter-productive to the well-being of our community. Let me explain why. With a large number of Jackson County home owners living with underwater loans (37% with an average drop in value of 42% from peals), we citizens are now forced to find some way to continue living here and keep from going into foreclosure. Unfortunately, since the recession hit, we are also dealing with a higher unemployment rate (between 11.2 and 10.3% just last quarter). Despite these continuing economic trends, Ashland is uniquely able to offer a way for homeowners to continue making their mortgage payments by relaxing the rules around short-term rentals. Yet the city's policies rule out this most obvious method for allowing long-term community members to remain homeowners in the community they love. I speak from not only from my own personal experience, but of a shared experience with many of my neighbors and friends. Zoning rules are meant to support the well-being of local citizens, but with so many homes in foreclosure or underwater, and with the statistically proven health risks that ensue from the added stress; why not relax the rules about short-term rentals and home businesses during this economically uncertain period so that those already here can survive? We are already invested in this community, having birthed and raised our children here. Many of us, like me, have contributed years of volunteer time to the benefit of the community. I have contributed to this community in numerous ways - all without compensation. My daughter has been ill for the past few years, so I had to slow down. But here is a list showing some of the ways I donated my time and expertise to our community: o Upon arriving in Ashland in 1986, my now ex-husband and 1 created the first Blind Skier Clinic on Mt. Ashland. (He had placed 4th in the USA in the downhill.) We also donated our time to the local and statewide programs for the blind. o I was one of the original creators of Cygnet Theater Group, a children's theater project located in downtown Ashland that ended up creating and premiering two original musicals. One entitled "Small Town Children's Christmas," based on the famous children's book by P.K. Hallinan with music by our own Tish Steinfeld. The other, "The Boy Who Talked To Whales," by Web Smalley with music by our own Michael Mish. This was the first children's theater group in Ashland for years, and was the predecessor of many more. o I started a business round-table with Jack Davis, uniting business interests centered around real estate t I i o I worked for years on creating an alternative learner-led K-12 school here, with pilot programs in 3 USA locations (including Ashland) and one in S. Africa. Although I did receive pay, most of the local work was not compensated. o Spent 4.5 years researching and writing a book and local articles (monthly) on creating a whole- systems approach to resiliency and sustainability in our bioregion. o I then created the Honoring All Life Foundation and its educational arm, The Thrivabilitv institute, to research and implement local resiliency and creative problem solving. As Executive Director, I worked without compensation, tirelessly bringing speakers and events to our area, including Frances Moore Laope' and Bernard Lietaer, who were also on our Advisory Board. Our Board of Directors was entirely local. We also produced several workshops including two that brought international experts and authors on Spiral Dynamics to Ashland. o Based on my travels to meet with those who designed successful local currencies and utilizing what I learned from Bernard Lietaer, I designed a Complementary Currency specifically for Ashland in 2008 when the economy was tanking. It was called, "Will's Bills," and was designed to perpetually offer financial support to our two lead local economic drivers: OSF and SOU; while also providing free advertising and additional local economic stimulus using the multiplier principle. Although it was enthusiatically received by OSF, but has yet to be implemented. o I offered small screenings of important sustainability-centered films weekly at my home for years. o I then started Transition Town Ashland became a certified US trainer and brought a Transition Town Training to Ashland. Ashland became the 12th official Transition Town in the nation. I offered monthly presentations on Transition Town Ashland at Peace House; with often weekly talks to private groups throughout the community. Again, all at my own expense. o As a whole-systems designer, I have given presentations throughout the country on community resiliency that includes the wisdom of many disciplines including Permaculture, Biomimicry, Systems Thinking, etc. Ashland is ideally situated to benefit from many of these advanced resiliency strategies, but they require a macro understanding before applying micro-focused solutions. This is my passion and my area of expertise, all of which I bring to this discussion. Long-term community health relies on long-term community members who are actively involved in contributing to our quality of life. When our city regulations no longer promote the long-term health of our community they need to be changed. For many of us, we are now at that point and changes need to be made or our regulation will be counter-productive to the city's well-being. Additionally, I asked every one of my neighbors and got their blessing before proceeding. After 27+ years, we are family, and none of us wants to see the neighborhood change by forcing long-term residents to leave. The lay of the land around my home, in particular, also heightens privacy, so the neighbors see no difference between short-term rental activity and that of many of the other neighbors. You are welcome to query my neighbors. I also, personally, paid for the paving of my road - NOT the city and NOT my neighbors. So any additional traffic is also of no monetary consequence. Because I am the only driver at my residence and have offered my home only after careful screening, the additional traffic is actually less than for most families in our area. By the way, the city promised to reimburse me for the paving of my street ($17,000), but reneged on that agreement without a word. At this point, I can't even rent my home month-to-month and cover my mortgage. THAT's how tough things have become here, and I am not an isolated case. We citizens are asking the city to consider out-of-the-box solutions during these years of economic challenge. Why not develop a new policy that offers home owners the opportunity to use their homes as business 2 generators until the job market and economy show a substantial upswing? Failure to do so could produce some very unwanted results such as: o A largely transient or short-term community of renters and out-of-area investors (taking advantage of the easy pickings due to short sales and foreclosures) who usually do not contribute to a community in the same way those who have made a commitment by living long-term in a community, raising their kids, etc. o Fewer people willing to donate their time to the benefit of the community. When people aren't fully invested they rarely commit their free time to long-term projects, because they most likely won't be here to reap the benefits. o Wealth flow out of the area because investors (as opposed to homeowners) take their funds wherever they reap the most profit with no concern regarding the well-being of the community. Invested community members, on the other hand, realize that money exchanging hands locally creates wealth for everyone (the "multiplier effect"). o Fewer givers and more takers who suck the life out of an area and then move on. Is this really what we want? In conclusion, I strongly urge you to take a whole-systems approach to our current economic situation. People are struggling and we need to focus on the macro view even as we implement multiple creative solutions to keep Ashland resilient and thriving. That has been my intention throughout my 27+ years here, and I intend on continuing to contribute for years to come. Please help me make that a reality. Thank you, Shaktari Shaktari Belew 345 Alta St. Ashland 97520 541-941-8888 Who are we willing to be? Sources: http://www.qualityinfo.orp/olmisj/AllRates http://www.zillow.com/visuals/negative-equity/#4/39.98/-106.92 i I I 3 i February 20, 2013 I c i1 2 ? 'L013 TO: The Mayor, City Council, and Bill Molnar, 10 y ` City of Ashland;" " Community Development Department Greetings; I heard yesterday that the City is citing illegal vacation homeowners at the same time you consider changing the rules. I cannot tell you how disappointed 1 am in the City for this unfair and underhanded move. I have spent years in different capacities around a variety of vacation homes both here and in other locations. This has included ownership of both long -term and vacation homes, the day to day over site, renovations, general care and upkeep and more of others. I would like to give you some information to consider for the upcoming study session and possible rule change on this issue. Vacation home have long been a part of the Ashland scene, With the advent of Home Away and VRBO the numbers in Ashland have exploded. Not all of them are great. 1 can tell you the homes that are not well run and clean are quickly eliminated by customer reviews. These homes are an expected and vital choice for our very important tourist community. Vacation home do no take guests from the bed A breakfast Limiting vacation home rentals in Ashland does not and will not bring people to bed & breakfast establishments. Most people renting vacation homes are looking for economy, independence, making their own meals, may have small children or/ and pets and do not patronize the bed and breakfast establishments. They are too expensive and limited for their particular needs. Many vacation homes have not been. and will ever h ' the long-term rental housing marke because the owners want to be able to come and go from their house for their own and relative use. They are usually fully furnished with family heirlooms and belongings. My personal experience as an owner of both vacation homes and long term rentals shows that the long-term rental folks are far harder on the neighbors, the home, and the neighborhood than the vacationers (no matter how well one screens). The bed & breakfast community s si ggested that vacation homes are unsafe, lark insurance and have no been inspected. I have yet to see a vacation home that is not safe. Most homeowners are required to carry insurance and carry liability coverage that would cover any guest issues. Inspections such as for kitchens are for places that are making food for other people. Since vacation homes do not prepare food for their guests, this is unnecessary and it is doubtful the County inspectors would want to add to their workload. If it becomes part of the new rule, it is most likely most vacation homes would pass with out a problem. i I i -2- Vacation Home Issue/ Blackwolf A vacation home by definition DO S N01 baye the owner or manages nng on the premises Most vacation home renters want the privacy they do not find at hosted facilities and they do not want or expect to find the proprietor on the premises. It could be in the rule that the home has a local owner or manager available if there is a concern about oversight. f once had a city planner tell me that they don't like vargtiQn homes because the don't want empty homes in neighborhoods. Vacation homes are occupied and active locations. Ashland has a lot of empty homes in almost every neighborhood. They are not vacation homes for rent. I know because my company takes care of many of these homes. These are the second and sometime third homes to people who only spend some of the year here. Vacation homes at least have activity and a sense of habitation to them. In most cases, if well run, they do not pose a problem for the neighborhood. It would be like any other short term rental establishment that needs to screen its' users. We need to encourage business in Ashland. Most vacation homeowners would love to be legitimate and pay fees, licenses, and taxes. Imagine 100 more businesses in Ashland. The City could see revenue of more that $600,000. a year from these establishments. That does not include the income to support businesses including cleaning, repair, advertising, and more. In addition if you are at all concerned about the loss of homes and the foreclosure problem, would it not be in our communities best interest to support vacation homes? Many homes "do not pencil out" as long - term rentals. The costs at this moment exceed the possible monthly rental income. I know two families who have been here for 150 years that may not be able to hang onto their Ashland properties (their retirement location) without the vacation home option. They are some of the original founders of Ashland. Don't they deserve to stay? I would like to see a fair playing field. It would be a very good position to give amnesty to current vacation homeowners (I don't own any by the way.) as the rule is updated and these Ashland citizens go forward with legalizing their homes. You have done this for many others in various situations so I know it can be done. If these owners are going to be cited right now, what about the long -term rental owners who are in violation? There are a number of illegal and problem long- term rentals that the City has refused to do anything about. If you are going to scrutinize vacation homes apply the rules fairly across the board. Case in point: 183 Harrison has an illegal garage rental. The neighbors have complained repeatedly with nothing happening. It was built without permits and is I ii -3- Vacation Home Issue/ Blackwolf not only not to code, it is down right dangerous. In addition there is no parking for the extra unit. There is a duplex on the alley between Beach & Liberty, which has chronically been a drug and party house (the police know it well). When neighbors complained repeatedly last summer about garbage piling up the City Community Development folks did nothing and neighbors had to call the police until they would address the situation. Either leave everyone alone or cite all, l don't think pick and choose is fair. It would be very good to see the following changes in this rule very soon: Licensing fees that are reasonable, including the conditional use permit process. No requirement that the owner lives on the property Parking historically used for the home should be allowed. Example - if they have always parked two cars in the drive that is acceptable or if they have always parked on the street that is acceptable. There should be amnesty for current homes operating without licensing so they don't owe back fees and a moratorium for enforcement until this is worked out. Thank you for your time and attention to this matter. Best Regards, 1- Kim Blackwol 354 Liberty St. Ashland 541-324 - 4237 i Amy Gunter From: Diana Krampf [diana@indigopiping.com) Sent: Monday, February 11, 2013 1:07 PM To: guntera@ashland.or.us Subject: Short term rental of private homes Dear Ms Gunter, . Jim and I have been devoted visitors to Ashland since 2001. We usually visit twice a year to see the OSF plays in the Spring and the Fall. As avid theater-goers, we believe that the theater experienced in Ashland (as presented by OSF) is beyond compare! And - since we discovered VRBO - we have been renting small houses for our visits. We will not go back to a hotel now - ever! After hearing us brag about Ashland for so long; friends decided to join us for the Spring trip. (Others plan to come in the Fall.) We decided to rent a house big enough for everyone, which is how I met Anne & Stewart McCollom through Craigslist. After much ado, we arranged to rent their beautiful house on Prospect. Imagine our disappointment when Anne told me that she would not be able to rent their home to us after all! (This was after she received a letter from the City of Ashland regarding short term rentals.) We will now have to rent a house in Talent instead. I understand the reason for the zoning laws. However, it does seems that there should be an allowance for a larger party of mature adults, who prefer to rent a house in Ashland. Thank you so much for your time and best regards, cram (Xravf e C. F.0 Indigo Piping Systems J~TI 1 v D IGO Tel: 510-849-1863 - Fax: 510-849-1873 1I4E oLOeAL- PP.UCUnHM19eNT SOLUTION www.indigopiping.com t FEH 12 2013 i4 1 1 To Whom it May Concern: February 6, 2013 This letter is to ask for consideration of modifying the existing city ordinance to permit limited renting of Ashland residences. A case in point is the renting of our home for two weeks during our vacations. We have previously rented to a couple, joined by an adult daughter and a grandchild. The mother is a concert pianist whose practice time is avidly listened to by our neighbors. Also, she is a gourmet cook who likes to prepare several meals a week. I can hardly view these folk as detracting from the ambience of this neighborhood. Further, it is unlikely a bed and breakfast facility has a piano available, nor would they permit personal meal preparation in their facility. It is with great sadness that we have had to notify theses dear people that the City of Ashland prohibits what we had all considered a win-win situation for our visitors, this community and the McColloms. They will undoubtedly take their vacations at some other community offering cultural entertainment and a friendly environment. Stewart and Anne McCollom 819 Elkader Street Ashland, OR 97520 541-482-3356 FLU U 7 a13 Amy Gunter From: M.E."Jack" Swisher [swisher.jack@gmail.com] Sent: Wednesday, December 05, 2012 3:57 PM To: Emily Smith Subject: VRBO Hi Amy, This probably should not be for the record. If you want an abbreviated version to use in public hearings or public deliberations, let me know. As an Ashland lodging owner for the last couple of decades, I have been pleased with the checks and controls the Ashland Department of Planning and the City Council have placed on growth within the city. For the most part, your offices have taken a proactive role in planning for growth. Growth has been fairly orderly, unlike in some other areas of the country where it has been explosive and seems unplanned. Ashland businesses are sited in commercial districts for the most part, and residences are located in residential neighborhoods; mostly. There is some overlap and some conflicts, to be sure. Zoning has played a key role in guiding certain kinds of activities into some areas while excluding it from other areas of the city. It is not a perfect system, the zoning overlays, but it seems to be the best we have at the moment, and it is approved by the state zoning bodies that mandated our zoning plans in the first place. The Internet has allowed new advertising opportunities for businesses. In many ways it has improved our businesses' ability to reach out to new customers and retain customers. But in Ashland the VRBO.com and Ashlandvacations.com websites have also created problems for lodging owners like me. Now, anybody with a digital camera and some flowery text can place an ad on these websites. Suddenly, they're a lodging business that rents out rooms or houses by the night. It doesn't seem to matter to these newcomers that they have no business license, commercial liability insurance policy, conditional use permits, or bonds. Inspections by Jackson County Health Department are not required. No city official gets to check their off-street parking plan. The city fire department never gets to review their site for fire engine access. And Jackson County Health Department never gets to inspect their premises for public health hazards or code violations. I urge the Ashland planning zoning officials to work with your colleagues in Salem and Medford to put the clamps on these fly-by-night businesses in Ashland. Share concerns and information with Oregon Department of Revenue. Contact Bret Thomas at Jackson County Health Department. Reach out to Oregon Department of Land Conservation and Development in Medford and Salem to share strategy and goals for enforcing the zoning laws in Ashland. Use all the tools and partners at your disposal to make businesses compliant, or shut them down. It is hard being in business in Ashland if our city officials do not curb the non-compliant Internet lodging businesses we compete with. Competition for customers is fierce. Having pirates in the mix who collect no taxes, pay no license fees, suffer no inspections, and skirt around the conditional use permit process adds to our difficulties. Powerful people in the community would wish you do nothing, some of them on the boards and councils that run the city. Thanks for all you do. - Mark E. "Jack" Swisher L'l~'C O 7 AW Oak Street Cottages s t I. April Lucas From: Melanie Mindlin [sassetta@mind.net) Sent: Friday, August 24, 2012 8:49 AM To: anita isser cc: April Lucas RECEIVED Subject: Re: Vacation Rentals AUG 2 4 7012 Hi Anita, Thanks for your thoughtful suggestions. I hope you will come and speak when we have this scheduled at the Planning Commission. I have forwarded your letters to our staff so they can be part of the record in this matter. Melanie On Aug 24, 2012, at 7:29 AM, anita isser wrote: > Melanie, > Thanks for responding to our email. I think it's timely that the > Planning Commission will soon take a new look at regulations for > Vacation Rentals. Some of the conditional use requirements are out of date. > Being responsible for the local taxes and a business license as > well as being properly insured and inspected is appropriate. > Providing off-street parking and requiring the business owner to > live on site is correct. > Why the residence must beat least 20 years old makes no sense. Why > can't a newer house be a vacation rental? > The requirement that the travelers accommodation be located within > 200 feet of a collector or arterial street is equally ridiculous. When > we inquired about a variance several years ago we were told that the > distance requirement was for travelers to be able to catch the bus. > REALLY? Short term visitors walk or drive; they don't take the bus. > Furthermore, the bus isn't available much and it doesn't circulate on > all the collector streets (East Main for example). We were further > informed back then that there was no chance the Council would grant a > variance, because if they gave us one they'd have to give one to > everyone in town who wanted one and they didn't want to do that. So, > apparently, the point of the 200 feet requirement was to control the number of vacation rentals. > I've read that some R-1 neighborhood residents object to vacation > rentals in their neighborhoods. The concern seems to be traffic and noise. > Our experience is that if anything there's less noise and less traffic > than with a longterm rental. > Thanks for taking our views into account. We're eager for > improvements in the travelers accommodation code. > Sincerely, > Steve and Anita isser 1 April Lucas From: Melanie Mindlin [sassetta@mind.net] Sent: Monday, August 20, 2012 1:01 PM To: anita isser Cc: April Lucas; John Stromberg RECEIVED Subject: Re: Vacation Rentals AUG 2 0 2012 Dear Anita and Steve, understand that we may have an opportunity to discuss this issue at the Planning Commission in the near future. Thank you for writing me about your personal situation. Of course, In order to get a variance you need to show unique or unusual circumstances. I am curious to know what you would consider reasonable rules or guidelines applied throughout the City, not just in your specific situation. Thanks, Melanie Mindlin Chair, Planning Commission On Aug 20, 2012, at 12:50 PM, anita isser wrote: > August 20, 2012 > Ashland Planning Commission > Hi Melanie > We have lived in our house on Garfield Street for 34 years. The > upstairs has a separate entrance, kitchen, bath, and electrical meter. > For many years we rented the apartment full time. But we no longer > rent it year round, because we want the space for our visiting adult > children and extended family and friends. Avacation rental is the > most appropriate use for this apartment. > We would like to create a legal vacation rental. We meet most of the > current required criteria -we live on the site, there is adequate > off-street parking, and we live in a multi-family residential zone. There > is one exception. We are not 200 feet from an arterial street. We are > approximately 500 feet from East Main. This means that we would have > to apply for a variance. > We were told these are the steps we must take: fill out a pre-app > form ($125), get a Conditional Use Permit ($963), and apply for a > variance and have a hearing ($1928). And then there is no guarantee > that we would get the variance and could expect no financial refund if > the variance was denied. We, and everyone in town we have spoken to, thinks this is absurd. > We could be running a lovely vacation rental that would benefit the > city, tourists, and ourselves. The city would receive lodging tax > revenue, tourists would have another good option for their visit, and > we would be supplementing our income as we approach our retirement > with very limited funds. Seems like it could be a win-win situation. 1 > We believe it's time for the planning commission to revisit this issue > and create some reasonable rules and guidelines. > Sincerely, > Anita and Steve Isser > 84 Garfield Street * Ashland z RECEIVED AM 0 91DI ilk ASI~ ,g~~ Du) /o-Pr n CiaA Diaz Qw~ t o. L z~, ~ . a4t CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting Second Reading of an Ordinance to Amend the Ashland Comprehensive Plan to Adopt the Transportation System Plan and to Amend the Street Dedication Map FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY The City Council held a public hearing and passed first reading of an ordinance amending the Comprehensive Plan to adopt the TSP as a supporting document and amending the Street Dedication Map at the February 5, 2013 meeting. The ordinance is unchanged from the first reading. The TSP document has been revised since the first reading to incorporate the recommended revisions by the Planning Commission, as well as to address testimony regarding the future street connection between Wimer St. and Ashland Mine Road. Also attached is a findings document for the City Council decision approving the updated TSP and related Street Dedication Map amendments. The findings document summarizes the Council decision, and addresses the applicable parts of the City code and Comprehensive Plan, as well as the State planning goals. FISCAL IMPLICATIONS: The TSP estimates that $24,250,000 will likely be available for capital projects over the next 25 years. Based on this projection, the TSP includes a "financially constrained plan" which is comprised of high and medium priority projects, studies and programs that can be considered reasonable likely to.have funding in the 25-year planning period. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the findings of fact to accompany the ordinance for the TSP adoption and Street Dedication Map amendment, and approving second reading of the ordinance adopting the TSP and amending the Street Dedication Map. SUGGESTED MOTIONS: Separate motions are required to adopt the findings document, and to approve the second reading of the ordinance. 1. Move to approve the findings of fact to accompany the ordinance for the TSP adoption and Street Dedication Map amendment. Page 1 of 2 lorrWr, CITY OF ASHLAND 2. Move to approve the second reading of an Ordinance amending the City of Ashland Comprehensive Plan to adopt the TSP as a supporting document and to amend the Street Dedication Map. ATTACHMENTS: 1. An Ordinance Amending the City of Ashland Comprehensive Plan to Adopt the Transportation System Plan (TSP) as a Supporting Document and to Amend the Street Dedication Map 2. Exhibit A: Appendix A of the Ashland Comprehensive Plan 3. Exhibit B: Ashland Transportation System Plan, Final, October 2012 4. Exhibit C: Street Dedication Map 5. Findings of Fact and Conclusions of Law Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPREHENSIVE PLAN TO ADOPT THE TRANSPORTATION SYSTEM PLAN (TSP) AS A SUPPORTING DOCUMENT AND TO AMEND THE STREET DEDICATION MAP Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined4hreuo 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 Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975). WHEREAS, the Transportation Element of the Ashland Comprehensive Plan contains the vision for Ashland's transportation system to retain Ashland's small-town character by planning for "a transportation system that is integrated into the community and enhances Ashland's livability, character and natural environment." WHEREAS, the Ashland Comprehensive Plan includes goals and policies intended to work towards creating an integrated land use and transportation system to address the Transportation Planning Rule (TPR) Oregon Administrative Rule 660-012-0000 directive for coordinated land use and transportation plans should ensure that the planned transportation system supports a pattern of travel and land use in urban areas that will avoid the air pollution, traffic and livability problems faced by other large urban areas of the country through measures designed to increase transportation choices and make more efficient use of the existing transportation system." WHEREAS, the TSP is one of several tools, along with the Ashland Land Use Ordinance (ALUO), Site Design and Use Standards, Street Standards, neighborhood plans such as North Mountain Neighborhood, and official maps such as the Street Dedication, Comprehensive Plan and Zoning maps, used to implement the goals and policies in the Ashland Comprehensive Plan. WHEREAS, the TSP is an important resource that identifies the physical improvements to the transportation system and related studies and programs that will need to be funded and built in the 20-year planning period. Ordinance No. Page 1 of 3 WHEREAS, the Street Dedication Map is one in a series of adopted official maps for long range planning purposes, and is periodically amended to identify streets that will be needed in the future to connect the street network and provide access to undeveloped areas within the Urban Growth Boundary (UGB). WHEREAS, the Ashland Comprehensive Plan includes the following policies addressing street dedications: 1) Development of a modified grid street pattern shall be encouraged for connecting new and existing neighborhoods during subdivisions, partitions, and through the use of the Street Dedication map. (10.09.02.32); and 2) Street dedications shall be required as a condition of land development. A future street dedication map shall be adopted and implemented as part of the Land Use Ordinance. (10.09.02.34). WHEREAS, the amendments to the Street Dedication Map address changes in existing conditions and projected needs that are identified in the TSP. WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Comprehensive Plan at a duly advertised public hearing on December 11, 2012 and, following deliberations, recommended approval of the adoption of an updated TSP and amended Street Dedication Map. WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on February 5, 2013. WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter. WHEREAS, the City Council of the City of Ashland has determined that in order to address changes in existing conditions and projected needs related to land use and transportation patterns, it is necessary to amend the Ashland Comprehensive Plan in the 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. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto and made a part hereof as Exhibit A. Previously added supporting documents are acknowledged on this Appendix. SECTION 3. The document entitled "Ashland Transportation System Plan (2013)" attached hereto as Exhibit B, and made a part hereof by this reference is hereby added to the above- Ordinance No. Page 2 of 3 referenced Appendix to support Chapter X, [TRANSPORTATION ELEMENT] the Comprehensive Plan. SECTION 4. The officially adopted City of Ashland Street Dedication Map, referenced in Ashland Comprehensive Plan Chapter X [TRANSPORTAION ELEMENT] is hereby amended as attached hereto as Exhibit C, and made a part hereof by this reference. SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan 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 1, 5-6) 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 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. _ Page 3 of 3 Exhibit A Appendix A: Technical Reports and Supporting Documents City of Ashland, Oregon Comprehensive Plan Periodically, the City may choose to conduct studies and prepare technical reports to adopt by reference within the Comprehensive Plan to make available for review by the general public. These studies and reports shall not serve the purpose of creating new city policy, but rather the information, data and findings contained within the documents may constitute part of the basis on which new policies may be formulated or existing policy amended. In addition, adopted studies and reports provide a source of information that may be used to assist the community in the evaluation of local land use decisions. Chapter II, Introduction and Definitions The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter II, Introduction and Definitions. 1. Croman Mill Site Redevelopment Plan (2008) by Ordinance 3030 on August 17, 2010 Chapter IV, Environmental Resources The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter IV, Environmental Resources. 1. City of Ashland Local Wetland Inventory and Assessment and Riparian Corridor Inventory (2005/2007) by Ordinance 2999 on December 15, 2009. Chapter VII, Economy The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter VII, The Economy. 1. City of Ashland: Economic Opportunities Analysis (April 2007) by Ordinance 3030 on August 17, 2010 ha terX Tirans ortation he foIIowin re orts are ado ted b reference as ME U D 1) ortin doeumentit-51 the Ashland Gom rehensive Plan 0haoteW Tiransoortation. Ashland TiransDoF atlon System Plan (fmonthl 20,13) by Ordinance # on fdatel Chapter XII, Urbanization The following reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan, Chapter XII, Urbanization. 1. City of Ashland: Buildable Lands Inventory (2011) by Ordinance 3055 on November 16, 2011. N O O Z N Q O ~ Yci O Z w ~ 1 vi 0 m I: r e ..pY" a p ♦A • / p I "•1 Ira .1,__ .7. yS~ 1L~ •v :.i ~••a ~S II - L_ 3`~~.. ~I• X013 _ w 1• r - ao I_,o a .E3m~ . p _ 16 Mtl A ,Y„XoN k tlOM Nl iX (j~yr ♦ titvJ 1~~ ' 6 O i ♦ r s • t r -1 0 I MNtlOi J ~ ' Y1N OWp p 4 L ` tl \ 1 01 OWE l- - _I ~ OtltlOp,r0Nnx5~ W <6, y m - . ss •si E eau I, 0.WOE0.0 T'tltl3l ; e ,3 v11{ b H N ~ _ 3 Mtl' vy~ t6 - ' 1 by f W ~ r \ r ' p tl00 30 0 ~ ~~~~~_al.` I 1 ~ vvl I r 1S OOMl ' • a, - J•, I ` ` `o m m o r - _ °o °o £ ;vo £ ° m m a 0 Q m Q Z z r N N ~ N N N N m m c C C c 'U ~ " d a a N E m `o N . ~ d c U N o _ `m o d °o c Q 0 U of owan 43a11sA9jVpdn dSl puelysyto fj!o - cegogelyAmdl H BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON March 5, 2013 In the matter of amendments to the City of Ashland ) Comprehensive Plan adopting an updated ) FINDINGS OF FACT Transportation System Plan (TSP) ) AND CONCLUSIONS OF as a supporting document and amending the ) LAW Street Dedication Map. ) PURPOSE: Adopt an updated TSP and amend the Street Dedication Map, October 2012. Implementation is achieved by an ordinance amending the City of Ashland Comprehensive Plan to adopt the updated TSP as a supporting document, and amending the Street Dedication Map. PUBLIC HEARINGS: On November 20, 2012, a notice of the Planning Commission hearing was sent by mail to 13 owners of properties that may have the use of the property impacted by the proposed amendments to the Street Dedication Map in accordance with ORS 227.186. Newspaper notices were published in accordance with AMC 18.108.170.D in The Ashland Daily Tidings on December 1, 2012 prior to the Planning Commission public hearing and on January 25, 2013 prior to the City Council public hearing and first reading of the ordinance. A Public Hearing was held at the Planning Commission on December 11, 2012. A Public Hearing was held at the City Council on February 5, 2013. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. A. Consistency with City of Ashland Requirements for Legislative Amendments in 18.108.170 B. Consistency with City of Ashland Comprehensive Plan C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 1 Citizen Involvement, Goal 2 Land Use Planning, Goal 9 Economic Development, Goal 10 Housing, Goal 11 Public Facilities and Services and Goal 12 Transportation Findings of Fact and Conclusions of Law Page 1 EVALUATION AND COUNCIL FINDINGS: A. Consistency with City of Ashland Requirements for Legislative Amendments in Section 18.108.170 18.108.170 Legislative Amendments A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be fled with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Chapter 18.108 allows for legislative amendments "in order to conform with the comprehensive plan or to meet other changes in circumstances or conditions." The process of updating the TSP is intended to address changes in conditions that have occurred during the 15 years since the previous TSP was adopted. The amendment of the Street Dedication Map is for consistency with the updated TSP, and therefore also is to address changes in conditions. The planning process made efforts to include a wide range of people including neighbors, property owners, business owners, community groups, and the general public, and to provide a variety of ways to learn about the project, participate in the plan development and provide comments. The draft TSP document is the product of a two and a half year planning process that began in June 2010, with a general timeline as follows. Findings of Fact and Conclusions of Law Page 2 • System Analysis and Evaluation of Options: The first year was used for analysis of the existing system, projecting the transportation demand 20 years in the future, and developing a series of technical memos and white papers addressing the various needs and options for the different modes of transportation. During this time there was a concurrent series of meetings in which the Technical Advisory Committee (TAC), Transportation Commission (TC) and Planning Commission (PC) reviewed the technical memos and white papers. • Draft Preferred and Financially Constrained Plan: The next three months involved compiling the draft plan, and joint meetings of the TC and PC to review the materials. • Plan Refinement: The TC and PC held a series of joint meetings to review and refine the draft plan over the following year. • Final Edits and Application: After the joint TC and PC meetings, the final edits were made, and the formal application was submitted on October 26, 2012. In addition to the joint TC and PC meetings held throughout the project, four additional public meetings were spaced throughout the project - a TSP Update Workshop in March 2011, a Temporary Road Diet TC Special Meeting in March 2011, a Temporary Road Diet Public Meeting in June 2011, and a Transportation Forum in October 2012. Three briefings were given on the TSP to the City Council, and these meetings were open to the public. Similarly, all of the joint meetings of the TC and PC were open to the public, and included time for public participation and comments. The City Council finds that the proposed amendments are consistent with the requirements for Legislative Amendments in Section 18.108.170. B. Consistency with the Ashland Comprehensive Plan The Transportation, Housing, Economy, Parks, Open Space and Aesthetics, and Energy, Air and Water Conservation chapters of the Ashland Comprehensive Plan include goals and policies that establish the basis for adopting an updated TSP and amending the Street Dedication Map, and are listed below. Transportation Street System Goal To provide all citizens with safe and convenient transportation while reinforcing the recognition of public rights-of-way as critical public spaces. Policy 16) Maintain carrying capacity, safety and pedestrian, bicycle, public transit and motor vehicle movement on boulevards, avenues and neighborhood collectors through driveway and curb cut consolidation or reduction. Policy 28) Periodically assess future travel demand and corresponding Findings of Fact and Conclusions of Law Page 3 capacity requirements of street network. Choose a comprehensive transportation system approach to address any capacity insufficiency that is consistent with the goals, polices and philosophy of the Transportation Element of the Comprehensive Plan. Policy 34) Street dedications shall be required as a condition of land development. A future street dedication map shall be adopted and implemented as part of the Land Use Ordinance. Pedestrian and Bicycle Goal To raise the priority of convenient, safe, accessible and attractive walking and bicycling networks. Policy 5) Target walkways and bikeway improvements that link neighborhoods, schools, retail and service areas, employment centers and recreation areas. Public Transit Goal To create a public transportation system that is linked to pedestrian, bicycle and motor vehicle travel modes, and is as easy and efficient to use as driving a motor vehicle. Policy 1) Develop pedestrian and bicycle networks that are linked to the public transportation routes. Commercial Freight and Passenger Goal To provide efficient and effective movement of goods, services and passengers by air, rail, water, pipeline and highway freight transportation while maintain the high quality of life of Ashland. Policy 4) Maintain boulevard and avenue street facilities adequate for truck travel within Ashland. Housing Goal Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. Policy 3) Regulation of residential uses shall be designed to complement, conserve and continue the aesthetic character to of Ashland through use of the following techniques: d) Street design and construction standards shall promote energy efficiency, air quality, and minimal use of land. To this end, the City shall: 1) Adopt a master conceptual plan of future streets by size and use category. 2) Adopt minimum street width standards which provide only what is need for adequate traffic flow and parking. 3) Incorporate bicycle and pedestrian traffic planning in street design. 4) Limit street slopes, requiring curvilinear streets along contours in steeper areas. Economy Goal To ensure that the local economy increases in its health, and diversifies in the number, type and size of businesses consistent with the local social needs, Findings of Fact and Conclusions of Law Page 4 public service capability and the retention of a high quality environment. Policy 2) The City shall design the Land Use Ordinance to provide for: b) Controlled access along Ashland Street to ensure limited points of common access to businesses that are developing or undergoing development in this area. c) Specific development guidelines which will ensure that: 2) Development along Siskiyou Boulevard and Ashland Street will not primarily be automobile-oriented, but will also include attractive landscaping and designs that encourage pedestrian, bicycle, and mass transit forms of travel. Parks, Open Space and Aesthetics Goal To provide the people of Ashland with a variety, quantity and quality of parks, park facilities, open space, trails and visual resources sufficient for their needs. Policy 13) Require street trees in all new residential, commercial and industrial development. Policy 16) Develop an urban forest plan for the City including a street tree and a non-street tree section, a tree resource inventory, a plan for preservation and renewal of trees of stature and native species, long range maintenance plan, a plan to promote the greater use of trees and shrubs on both public and private land, and plan to educate the public regarding the benefits of trees on public right-of-ways. Energy, Air and Water Conservation Goal The city shall strive, in every appropriate way, to reduce energy consumption within the community. Policy 3) New Housing e) The City shall address overall energy usage of new developments instead of just looking at houses on an individual basis. Areas to be considered could be transportation energy, recycling, composing, communal gardens, water usage and solar access protection. The City Council finds that the proposed amendments are consistent with and implement applicable Ashland Comprehensive Plan Goals and Policies. C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 9 Oregon Statewide Planning Goal 1 - Citizen Involvement requires a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Joint TC and PC meetings that were open to the public were held throughout the TSP update and included public comment. Three briefings were given on the TSP to the City Council, and these meetings were also open to the public. A public workshop was held in March 2011, a Transportation Forum was held in October Findings of Fact and Conclusions of Law Page 5 2012, as well as two public meetings on the temporary road diet for North Main Street. A project website was in place throughout the duration of the project and was updated with the latest project news, meetings and documents. Additionally, comments could be submitted electronically via this site throughout the project. Oregon Statewide Planning Goal 2 - Land Use Planning requires a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Through Technical Advisory Meetings, representatives from the City, County, State (ODOT) and other stakeholders conducted a review and evaluation of existing plans, policies, standards, and laws that are relevant to local transportation planning. The TAC members were selected to provide voices to key groups plan stakeholders in the area, and are listed on pages x - xi. The organizations represented include: • City of Ashland • Jackson County • Rouge Valley Metropolitan Planning Organization • Rogue Valley Transit District ■ City of Ashland Police Department ■ City of Ashland School District ■ Southern Oregon University • Oregon Department of Transportation - Region 3 and Rail Division ■ Oregon Department Land Conservation and Development • City of Ashland Chamber of Commerce The proposed plan is consistent with the Comprehensive Plans of Jackson County and the City of Ashland. In addition, a variety of data and projections including population and employment data and forecasts, buildable lands information and transportation data was used in the development of the plan. The summary of state, regional, and local documents, as they relate to transportation planning in Ashland, provides the policy framework for the TSP planning process. A complete list of plans and policies reviewed as part of the TSP update is included in Technical Memorandum #1 Plan and Policy Review within Volume 3. Oregon Statewide Planning Goal 9 - Economic Development requires cities and counties to address providing adequate opportunities for a variety of economic activities for residents. The TSP includes projects and system adjustments to serve existing and future commercial and employment uses within the Urban Growth Boundary (UGB). Oregon Statewide Planning Goal 10 - Housing requires cities and counties to provide for the housing needs of citizens of the state, including a range of types and price/rent Findings of Fact and Conclusions of Law Page 6 levels, and allowing for flexibility of housing location, type and density. Existing and planned population density and land use patterns were taken into consideration when developing the TSP to plan for transportation facilities for future development of housing. The TSP was developed accounting for growth in future residential trips, and the implementation measures were created to benefit all users in the city. Oregon Statewide Planning Goal 11 - Public Facilities and Services requires cities and counties to provide for and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. The TSP documents existing conditions and future needs for the transportation system in Ashland, and proposed improvements and implementation measures are tailored to meet those future needs. The Street Dedication Map identifies streets that will be needed in the future to connect the street network and provide access to undeveloped areas within the UGB. Oregon Statewide Planning Goal 12 - Transportation requires cities and counties to provide a safe, convenient and economic transportation system, and requires transportation planning to be in coordination with land use planning. The TSP is an important component in the set of tools used to integrate land use and transportation planning because the plan identifies the physical improvements to the transportation system along with supporting studies and programs that will need to be funded and built in the planning period ending in 2034. Existing and future conditions were analyzed to create the final plan which addresses safety, mobility and accessibility as they relate to various modes of transportation available in Ashland. OAR 660 Division 12 Transportation Planning Rule Goal 12 is implemented through OAR 660, Division 12, also known as the Transportation Planning Rule ("TPR"). The purpose of the TPR is "to implement Statewide Planning Goal 12 (Transportation) and promote the development of safe, convenient and economic transportation systems that are designed to reduce reliance on the automobile so that the air pollution, traffic and other livability problems faced by urban areas in other parts of the country might be avoided." Section 660-012-0005 through 660-012-0055 These sections of the TPR contain policies for preparing and implementing a transportation system plan. The content and structure of the TSP follows the state requirements outlined in the TPR. The TSP update includes the elements required by the TPR including: an inventory of existing transportation system facilities and existing conditions; an analysis of future transportation system demand and conditions; projects, studies and programs to address future needs; recommended land use ordinance amendments; a future funding forecast; and a financially constrained plan. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Sections 660-012-0005 through 660-012-0055 of the Oregon Administrative Rules. Section 660-012-0060 - Plan and Land Use Regulation Amendments The TSP includes recommended code amendments on pages 175-180 that address street classifications, the development review process, and access standards. The Findings of Fact and Conclusions of Law Page 7 proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Section 660-012-0060 of the Oregon Administrative Rules. OAR 734, Division 51. Highway Approaches, Access Control, Spacing Standards and Medians OAR 734-051 governs the permitting, management, and standards of approaches to state highways to ensure safe and efficient operation of the state highways. Pages 177-180 of the TSP address access spacing standards and recommendations for amending the Municipal Code. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Section 734-051 of the Oregon Administrative Rules. Oregon Transportation Plan (2006) The Oregon Transportation Plan (OTP) is the state's long-range multimodal transportation plan. The OTP is the overarching policy document among a series of plans that together form the state transportation system plan (TSP). A TSP must be consistent with applicable OTP goals and policies. The most pertinent OTP goals and policies for interchange planning are as follows: POLICY 1.2 - Equity, Efficiency and Travel Choices Promote a transportation system with multiple travel choices that are easy to use, reliable, cost-effective and accessible to all potential users, including the transportation disadvantaged. Proposed roadway cross-sections and standards within the TSP are designed to meet the needs of all users, including the transportation disadvantaged. One of the goals that guided the TSP update was to create a system-wide balance for serving and facilitating pedestrian, bicycle, rail, air, transit, and vehicular traffic in terms of mobility and access within and through the City of Ashland. All modes of transportation available in the community were analyzed and included in the TSP. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policy 1.2 of the Oregon Transportation Plan, Equity, Efficiency and Travel Choices. POLICY 2.1- Capacity and Operational Efficiency Manage the transportation system to improve its capacity and operational efficiency for the long term benefit of people and goods movement. POLICY 2.2 - Management of Assets Manage transportation assets to extend their life and reduce maintenance costs. The TSP and proposed implementation measures build upon and relate to existing transportation facilities. Access management measures, traffic impact analysis requirements, and other implementation measures are proposed to protect transportation facilities. The proposed amendment to the Comprehensive Plan Findings of Fact and Conclusions of Law Page 8 through the adoption of the Ashland TSP complies with Policies 2.1 and 2.2 of the Oregon Transportation Plan, Capacity and Operational Efficiency and Management of Assets. POLICY 3.1- An Integrated and Efficient Freight System Promote an integrated, efficient and reliable freight system involving air, barges, pipelines, rail, ships and trucks to provide Oregon a competitive advantage by moving goods faster and more reliably to regional, national and international markets. POLICY 3.2 - Moving People to Support Economic Vitality Develop an integrated system of transportation facilities, services and information so that intrastate, interstate and international travelers can travel easily for business and recreation. Local Truck Routes are identified in the TSP in Figure 2-11. National and regional truck freight movements are intended to occur via I-5, which is part of the National Highway System. Local and other regional truck freight movements are intended to occur on OR99 and OR66. One of the goals that guided the TSP update was to identify ways to improve street connectivity to provide additional travel routes to the state highways for bicyclists, pedestrians, and autos. Several of the improvements and implementation measures proposed in the TSP are intended to achieve this goal while improving safety and mobility on the highways. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policies 3.1 and 3.2 of the Oregon Transportation Plan, An Integrated and Efficient Freight System and Moving People to Support Economic Vitality. POLICY 4.1 - Environmentally Responsible Transportation System Provide a transportation system that is environmentally responsible and encourages conservation and protection of natural resources. One of the goals that guided the TSP update was to create a "Green" template for other communities in the state and nation to follow. Examples of this include green projects that reduce auto trips, auto trip length, and vehicle emissions; and targets for increasing biking walking, and transit trips. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policy 4.1 of the Oregon Transportation Plan, Environmentally Responsible Transportation System. POLICY 5.1- Safety Continually improve the safety and security of all modes and transportation facilities for system users including operators, passengers, pedestrians, recipients of goods and services, and property owners. The TSP documents existing and projected conditions of the transportation system and, in particular, addresses safety conditions based on performance standards and Findings of Fact and Conclusions of Law Page 9 accident history. The Safety Analysis can be found on pages 49-58 of the TSP. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policy 5.1 of the Oregon Transportation Plan, Safety. POLICY 7.1 - A Coordinated Transportation System Work collaboratively with other jurisdictions and agencies with the objective of removing barriers so the transportation system can function as one system. The TSP is a product of the collaboration of representatives from the City, County, State (ODOT) and the local transportation district (RVTD), all of whom have jurisdictional authority over transportation within the UGB. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policy 7.1 of the Oregon Transportation Plan, A Coordinated Transportation System Plan. POLICY 7.3 - Public Involvement and Consultation Involve Oregonians to the fullest practical extent in transportation planning and implementation in order to deliver a transportation system that meets the diverse needs of the state. POLICY 7.4 - Environmental Justice Provide all Oregonians, regardless of race, culture or income, equal access to transportation decision-making so all Oregonians may fairly share in benefits and burdens and enjoy the same degree of protection from disproportionate adverse impacts. The City of Ashland Planning Commission (PC) and Transportation Commission (TC) worked together to act as the Citizen Advisory Committee for the project. These groups represent a large number of citizens and citizen interests. The project team strived to provide ample opportunities for the public to be involved or represented in this process and included opportunity for public comment at every Joint PC/TC meeting and frequently provided special notice to residents about meetings where there would be discussions on items they had expressed interest or concern about. The proposed amendment to the Comprehensive Plan through the adoption of the Ashland TSP complies with Policies 7.3 and 7.4 of the Oregon Transportation Plan, Public Involvement and Consultation and Environmental Justice. The City Council finds that the proposed amendments are consistent with the applicable Statewide Planning Goals. OVERALL COUNCIL CONCLUSIONS The City Council finds and determines the approval criteria for this decision have been fully met, based on the detailed findings set forth herein and the detailed findings and analysis of the Planning Commission, together with all staff reports, addenda and Findings of Fact and Conclusions of Law Page 10 supporting materials in the whole record. Specifically the Council finds that the proposed amendments are consistent with City of Ashland requirements for Legislative Amendments in 18.108.170. The Council finds that the proposed amendments are consistent with the Ashland Comprehensive Plan. The Council finds and determines that the proposed amendments are consistent Oregon land use laws and regulations including Oregon Statewide Planning Goal 1 Citizen Involvement, Goal 2 Land Use Planning, Goal 9 Economic Development, Goal 10 Housing, Goal 11 Public Facilities and Services and Goal 12 Transportation. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of the amendments reflected in an ordinance amending the City of Ashland Comprehensive Plan to adopt the Transportation System Plan as a supporting document and amending the Street Dedication Map. Ashland City Council Approval John Stromberg, Mayor Date Signature authorized and approved by the full Council this 5th day of March, 2013 Attest: Barbara Christensen, City Recorder Date Approved as to form: David Lohman, Ashland City Attorney Date Findings of Fact and Conclusions of Law Page 11 CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting A Resolution Setting Forth Policies and Conditions Under Which Ashland Will Provide Extreme Weather Related Emergency Shelter Housing and Repealing Resolution No. 2007-11 FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: This resolution re-states the terms and conditions whereby a City building can be used as an emergency shelter for the homeless when winter temperatures fall below 20 degrees at night, but adds a provision allowing dogs in the shelter. This resolution is brought forward per Council direction at the February 19, 2013, City Council meeting. BACKGROUND AND POLICY IMPLICATIONS: The City Council in April 2007 adopted Resolution 2007-11 which set forth the terms and conditions under which a City building could be used as an emergency shelter for the homeless. Resolution 2007- 11 states that Ashland will provide a City building, if available, for shelter when outside temperatures are forecast to be 20° or below. The shelter is to be staffed by volunteers and provide separate restrooms for men and women, as well as separate sleeping areas for single men, single women and for families. The resolution also spells out guidelines for the operation of a shelter. The resolution does not address the. question of whether dogs are permitted in the shelter, but because dogs are not permitted in City buildings, and because the resolution does not waive that prohibition, dogs are not permitted in the emergency shelter. At its February 19, 2013, meeting, the Council considered a proposal to amend the resolution that created the Thursday night shelter organized by the Rogue Valley Unitarian Universalist Fellowship and Temple Emek Shalom to allow dogs in that shelter. The Council declined to approve the revised resolution, but directed staff to amend the emergency shelter resolution. This resolution draws on the language. that was in the resolution presented at the Council's February 19 meeting. It inserts a new section on dogs into the earlier resolution and provides as follows: 1) Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. 2) Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. 3) If taken outside for biological needs, dogs must be leashed. Page I of 2 ~r, CITY OF ASHLAND 4) Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. 5) Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. 6) Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. 7) Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. The resolution does not address the question of whether dogs in the shelter must be licensed and vaccinated. FISCAL IMPLICATIONS: The anticipated direct costs for providing a facility and utilities are thought to be minimal, although Parks may experience some loss in revenue if there are conflicts in scheduling. The most significant fiscal implications are potential repair costs and the risk of liability for personal injuries to guests or volunteers, however our insurance carrier has indicated that allowing dogs in the shelter will not increase our premiums. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the resolution. SUGGESTED MOTIONS: I move to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week though April, 2013, and repealing Resolution No. 201-3=01~ ATTACHMENTS: Draft Resolution Page 2 of 2 I`, RESOLUTION NO. 2013- A RESOLUTION SETTING FORTH POLICIES AND CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE EXTREME WEATHER RELATED EMERGENCY SHELTER HOUSING AND REPEALING RESOLUTION NO. 2007-11 RECITALS: A. Ashland is located in an area that has four distinct seasons, and the winter season can have weather extremes that can be hazardous to persons without adequate shelter. B. The City of Ashland desires to set forth the conditions under which it will provide emergency shelter housing and the policies related to those staffing or utilizing such emergency shelter. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of Emergency Shelter. Ashland will provide emergency shelter under the terms and conditions set forth herein during times of extreme weather conditions. For purposes herein, weather conditions shall be considered extreme when outside temperatures are 20° F or below or a combination of weather conditions, in the discretion of the City Administrator, make conditions hazardous to human life without adequate shelter. SECTION 2. Terms and Conditions. 1) In the event of the need for an emergency shelter during extreme weather, an available city- owned building such as the Grove or Pioneer Hall may be used. Previously booked groups in those locations may be subject to cancellation. 2) The shelter will be staffed by volunteers from nonprofit organizations or other organizations in the business of providing for the needs of persons. The city's insurance company requires organizations providing volunteers to provide a letter to the City of Ashland stating that all shelter volunteers have received appropriate training to staff a shelter and have passed criminal background checks. 3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after 9:00 p.m. will not be admitted unless brought to the shelter by a police officer. Guests must vacate the shelter no later than 8:00 a.m. the following morning. 4) Shelters must have separate restrooms for men and women and separate sleeping spaces for single men, for single women and for families. Children must not be left alone in the shelter, and signage must be conspicuously displayed to remind guests and volunteers of this requirement. Resolution No. 2013- Page 1 of 3 5) The shelter must contain an emergency box with a first aid kit. Shelter volunteers should bring their own cell phones in case of emergency. SECTION 3. Emergency Shelter Activation. Provisions for emergency shelter will be activated as follows: 1) When the City Administrator or designee determines that weather conditions are or are likely to become "extreme," he/she will contact the City's CERT Coordinator. 2) The CERT Coordinator will contact the Parks and Recreation to determine which facility or facilities will be used as an emergency shelter. 3) The CERT Coordinator will contact designated representatives from volunteer organizations to arrange for staff volunteers at the shelter. 4) Volunteers and guests are responsible for following the same cleaning requirements as other groups. SECTION 4. Emergency Shelter Policies. Operation of the emergency shelters shall, to the greatest extent feasible, comply with the following policy guidelines: 1) Shelter services must be provided with dignity, care, and concern for the individuals involved. 2) The buildings used as shelter must be maintained in a safe and sanitary condition at all times and must comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies.. 3) In all Shelters, there should be adequate separation of families and singles, and adequate separation of single women. 4) No drugs, alcohol, or weapons will be allowed in shelter property at any time. 5) No disorderly conduct will be tolerated. 6) No threatening or abusive language will be tolerated. 7) No excessive noise will be tolerated, e.g. loud radios etc. 8) Smoking will be restricted to the outdoors in designated areas. 9) Guests should maintain their own areas in an orderly condition and may be assigned other responsibilities or tasks at the shelter. Resolution No. 2013- Page 2 of 3 SECTION 5. Dogs Dogs may be permitted in an emergency shelter under the following circumstances: 1) Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. 2) Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. 3) If taken outside for biological needs, dogs must be leashed. 4) Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. 5) Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. 6) Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. 7) Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 6. Resolution No. 2007-11 is hereby repealed. SECTION 7. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12012. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page 3 of 3 CITY OF ASHLAND Council Communication March 5, 2013, Business Meeting A Resolution Allocating Anticipated Revenues from the Transient Occupancy Tax for the Biennium 2013-2015 Budget and Repealing Resolution 2012-04 FROM: Lee Tuneberg, Finance Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY The City expects to collect roughly $4.2 million in transient occupancy tax (TOT) in the upcoming biennium. Transient occupancy tax is paid by overnight guests in Ashland hotels, motels, and other lodging facilities. It is currently 9% of the nightly room rate. The attached resolution and table propose the allocation of the estimated TOT for each of the years in the coming biennium consistent with direction received by Council in FY 2012. Under State law, 26.67% of this revenue must be spent for tourism-related purposes. BACKGROUND AND POLICY IMPLICATIONS: Staff is projecting a 4% increase in tax revenues for each of the coming years included in the biennium and the attached table identifies how the amounts, following Council direction, would be allocated. Significant changes in revenue could be addressed in a supplemental budget process during the biennium. Consistent with prior practices, the amount allocated to the Oregon Shakespeare Festival (OSF) for tourism expenses has been held flat at $110,000 for both years in the biennium. The result of this requirement is that the percentage of the total tourism amount given to OSF drops from 21.0% to 19.9% to 19.2%. Maintaining the approved percentages for Chamber of Commerce, small grants and public art the same results in an increase each year to City Projects from 10% to 11.1% the first year and then to 11.8% the last half of the biennium. For FY 2012-2013 the City updated the application for grants implementing clearer direction and allocation of the proceeds collected through the lodging industry. The Budget Committee provided feedback on the process and staff reported further revisions in December 2012. If approved as presented, the total amount allocated to small grants would increase from $199,501 this year to $207,110 in 2013-2014 and $217,390 in 2014-2015, an overall increase of 9%. This grant process is expected to remain as a one year grant. A subcommittee of the Budget Committee will be reconvened next year to award funds for 2014-2015, adhering to the approved resolution and budgetary limits adopted as part of the Biennium 2013-2015 Budget. Page 1 of 2 ~r, CITY OF ASHLAND FISCAL IMPLICATIONS: The proposed allocation's impact on the budget is consistent with prior years. TOT revenues fund General Fund activity including the economic development program, tourism and non-tourism grants including Chamber of Commerce, Oregon Shakespeare Festival, the small grant program, public art and city projects. Total revenues are projected at $2,071,100 in 2013-2014 and $2,143,900 in 2014- 2015. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the resolution. SUGGESTED MOTION: I move to approve the resolution titled, "A resolution of the City Council of the City of Ashland allocating anticipated revenues from the transient occupancy tax for the biennium from 2013-2015 budget and repealing resolution 2012-04." ATTACHMENTS: Proposed Resolution Allocation worksheet Resolution 2012-04 Page 2 of 2 ~r, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE BIENNIUM 2013-2015 BUDGET AND REPEALING RESOLUTION 2012-04. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • Cultural Development. The grant program will support increased diversity and accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. • Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. 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. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 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. For the Biennium 2013-2015, the City of Ashland expects to budget $2,071,100 in 2013-2014 Pagel of 3 and $2,143,900 in 2014-2015 in total Transient Occupancy Tax. Those funds are split between tourism and non tourism uses as follows: 2013-2014 2014-2015 Tourism (26.67% of total): $ 552,362 $ 571,778 Non Tourism (73.33% of total): $1,518,738 $1,572,122 Tourism Portion 2013-2014 2014-2015 Chamber of Commerce VCB - estimated as 56% of Tourism $309,323 $320,196 funds Oregon Shakespeare Festival - $110,000 of Tourism funds, $110,000 $110,000 estimated as 19.9% in 2013-2014 and 19.2% in 2014-2015 City Economic, Cultural, and Sustainability Grant program - $55,236 $57,178 estimated as 10% of Tourism funds Public Art - 3% of Tourism funds, estimated $16,571 $17,153 Other City Capital Projects that qualify or Grants - the balance of $61,232 $67,251 Tourism funds, estimated as 11.1% and 11.8% If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue (not restricted by use) will be 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: 2013-2014 2014-2015 1 st Priority General Fund operations - 80% of Unrestricted $1,214,990 $1,257,697 funds, estimated 2nd Priority City Economic Development program - 10% of $151,874 $157,212 Unrestricted funds, estimated 3rd Priority City Economic, Cultural, and Sustainability Grant $151,874 $157,212 program, the balance, estimated 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 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. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. Page 2 of 3 SECTION 4. Resolution 2012-04 is repealed upon passage of this resolution. SECTION 5. This resolution was duly PASSED and ADOPTED this day of , 2013 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 3 of 3 Economic, Cultural, Sustainability & Tourism Funding Biennium 2013-2015 Adopted Percentage of Estimated Percentage of Estimated Percentage F¢Y2012~20~3 Category 2013-2014 Category 2014-2015 of Category Revenue: Transient Occupancy Tax $ 1,995,000 IIII'. $ 2,071,100 IIII'• $ 2,143,900 II II' Expense: Non Tourism: General Fund $ 1,170,345 80.0% $ 1,214,990 80.0% $ 1,257,697 80.0% Economic Development Program 146,295 10.0% 151,874 10.0% 157,212 10.0% Small Grants 146295 10.151,874 10.0% 157,212 10.0% I$ 1f462T935JJ1.00?0%' $ 1,518,738 100.0% $ 1,572,121 100.0% Total Non Tourism I$J T462T935J $ 1,518,738 $ 1,572,122 Tourism: Chamber of Commerce VCB 154.9.411 56.0% $ 309,323 56.0% $ 320,196 56.0% OSF 21.0% 110,000 19.9% 110,000 19.2% Small Grantees 10.0% 55,236 10.0% 57,178 10.0% Public Art 3.0% 16,571 3.0% 17,153 3.0% City Projects 10.0..% 61,232 11.1% 67,251 11.8% $ 552,362 100.0% $ 571,778 100.0% ($]W532T065=00?00/oW Total Tourism I$ 5321065] $ 552,362 $ 571,778 TOTAL 11 ,995,000 $ 2,071,100 $ 2,143,900 RESOLUTION NO. a b l~ bL{ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE FY 2012-2013 BUDGET AND REPEALING RESOLUTION 2011-07. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • Cultural Development. The grant program will support increased diversity and accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. • Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. 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. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 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 706/o 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. For fiscal year 2012-2013, the City of Ashland expects to budget $1,995,000 in total Transient Pagel of 3 Occupancy Tax. Those funds are split between tourism and non tourism uses as follows: Tourism (26.67% of total): $ 532,065 Non Tourism (73.33% of total): $1,462,935 Tourism Portion Chamber of Commerce VCB - 56%0 of Tourism funds, estimated for $297,956 FY 2012-2013 as Oregon Shakespeare Festival - $110,000 of Tourism funds, $110,000 estimated as 21% for FY 2012-2013 City Economic, Cultural, and Sustainability Grant program - 10% of $53,206 Tourism funds, estimated for FY 2012-2013 as Public Art - 3% of Tourism funds, estimated for FY 2012-2013 as $15,962 Other City Capital Projects that qualify or Grants - the balance of $54,941 Tourism funds, estimated for FY 2012-2013 as If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue (not restricted by use) will be 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 - 80% of Unrestricted funds, $1,170,345 estimated for FY 2012-2013 as 2nd Priority City Economic Development program - 10% of Unrestricted $146,295 funds, estimated for FY 2012-2013 as 3rd Priority City Economic, Cultural, and Sustainability Grant program, the $146,295 balance, estimated for FY2012- 2013 as Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determineI that such funds are available for 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. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. SECTION 4. Resolution 2011-07 is repealed upon passage of this resolution. Page 2 of 3 SECTION 5. This resolution was duly PASSED and ADOPTED this day of YJ 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this ! day of '2012. o n Stromberg, Mayor Revi ed as to fo m: David Lo 66n, City Attorney Page 3 of 3