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Home My WebLink About2013-0319 Council Mtg PACKET CITY OF ASHLAND Iplporlariit Any citizen may orally address the Council on non agenda items dug the Pubic Forum My citizen may, sub'mi[ written t written comments to the Council on any nem ou the Agenda, unless it is the subject of a public hearing and the record is closed Time pemutting, the Presiding Officecmay allow oral testimony. If you wish to speak; please fill out the Speaker Request form located near the enhance to the Council Chambers. The chair will recognize you and inform younto the amount oflint , e allotted m you, if any. Tlie time granted will be dependent to some extent oa the nature of tie item under discussion, the` number of people who wish 6 speal, and the leogthbf the agenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 19, 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. Study Session of March 4, 2013 2. Executive Session of March 4, 2013 3. Business Meeting of March 5, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. A report from the Mount Ashland Association on Summer Work Plan/ Expansion-Related Activities VII. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Recommendation for endorsement of the AAUW Garden Tour by the Conservation Commission 3. Authorization of new lease for the downtown Police contact station 4. Liquor license application for Anna Hogan dba Salame 5. Liquor license application for Kjae Nam dba Umi Sushi COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) None 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 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" Xi. NEW AND MISCELLANEOUS BUSINESS 1. Economic Development Strategy update 2. Proposal by the Mayor to form an Ad Hoc Committee on sustainable funding of the City's Parks and Recreation Department XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Resolution titled, "A resolution of the City Council of the City of Ashland approving the formation of the Rogue Valley Heritage District" 2. Ordinance Amending AMC Chapter 15.28 AF&R Cost Recovery Fees XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT T14E CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session March 4, 2013 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, March 4, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Community Development Siskiyou Room. Councilors Marsh, Voisin, Lemhouse, Morris, Slattery, and Rosenthal were present. 1. Look Ahead Review City Administrator Dave Kanner reviewed the Look Ahead with the Council, made the following additions; review policies in preparation for drought years; update/report on City Sustainability; role of Citizen Budget Committee during off years during the biennial process for budgeting, and provided further discussion and clarity on the move of the City toward self-insurance. 2. Council evaluation and prioritization of goals and objectives for the 2013-2015 biennial budget City Administrator Dave Kanner presented the staff report that summarized the goal-setting session of February 2, 2013 where a set of draft goals and objectives were developed for the coming biennium. He stated that the department heads had reviewed the draft and developed actions and tactics to achieve the objectives and that an additional objective had been added to the list; increase security in downtown. It was understood that many of these actions would require new resources to be budgeted and need to be prioritized in advance of budget development. Council held discussion on the additional objective of "increase security in the downtown" as it identified only the "downtown area" and it was suggested that this be broadened to include more areas. Mr. Kanner explained that the City was comprised of five areas and that the downtown area covered more area than was considered. Mr. Kanner moved forward with an exercise he had used in the past to help the Council prioritize the Goals and Objectives. Council requested that cost figures be associated with the objectives and that it would be difficult to prioritize these without this information. Council voiced confusion on the process being requested of them and that they felt they were being rushed into making priority decisions on the objectives. Staff was asked to separate out what was already being done by staff, and costs associated with the goals and objectives. It was stated that it was difficult to prioritize without being able to make comparisons. Mr. Kanner was asking the Council to prioritize objectives. These objectives were as follows: • Review the Emergency Preparedness Plan to include food security and other shortages of necessities - estimated cost $15,000 - $16,000 • Mitigate fire hazards in urban interface - estimated cost $175,000 and is connected to Ashland Fire Resiliency; funding would be different from Federal Government funding. Chief Karns will be making a presentation to the Council in an upcoming Study Session. • Reduce risk of fire via weed abatement and Firewise landscaping and building practices - estimated cost $15,000 for weed abatement and $63,000 for a Fire Inspector; review of municipal code is recommended. • Provide modern, fully equipped facilities and vehicles for public safety functions - brought forward by Fire Department - estimated cost $300,000 - $600,000 - determined on the cost of purchasing one or two vehicles at a time. City Council Study Session March 4, 2013 Page 2 of 3 • Deliver timely life-cycle capital improvement projects - this item is connected with the previous objective, noted that replacement schedule for Fire vehicles had not been followed, important to consider savings when purchasing special equipped vehicles, life of vehicles are considered to be 25-years, should not provide a "sinking fund" but have a maintenance fee schedule. Council was unable to continue on the remainder of the objectives due to time constraints and directed staff to provide a list of "big ticket" items along with specifics in order for them to complete the prioritization. 3. Discussion of a revised proposal for a help center in Ashland City Administrator Dave Kanner presented the staff report that summarized a concept paper by Councilor Marsh. Councilor Marsh explained that the concept included input by Mayor Stromberg and Mr. Kanner and outlined how a help/resource center for those in need in Ashland might be structured. The "conceptual RFP" included language from the original RFP as proposed by the Homeless Steering Committee. She explained there were three different ways to look at this: 1) Coordinating for large body rather than large agency and use more collaborative entities; 2) $50,000 would not be predicated on physical but be more flexible and able to be used for operations; and 3) Options for non-facility as finding space is difficult. Concept did not require designated space but required ideas from the community. The solicitation would offer $50,000 a year for two years to a qualified grant recipient. It would be required that the grantee would provide information and referral to existing assistance available in the community and on-site case management; mental health and substance abuse counseling/assessments; housing assistance; credit counseling; and job skills assessments/employment preparation. The following topics were discussed in regards to the conceptual RFP: • Importance of a facilitator/coordinator to facilitate • Additional input from Homeless Steering Committee and agencies • Need this to more than a referral service • Need a place for people to meet It was stated that a lot would depend on the model used, leverage from community and assistance from other agencies on whether $50,000 would be adequate to provide the requested services. Suggestion that the Request for Proposal (RFP) be changed to a Request for Quote (RFQ), in order to better determine costs. It was also noted that the $50,000 could be used for operations, which may make the proposal more suitable. Council discussed the need for a physical facility and the possibility of obtaining a facilitator in order to make connections with other agencies. Several examples were provided including a comparison of costs with the local Food Bank. It was agreed that more discussion and creative thinking was needed, to consider all cost variables, looking outside normal patterns, moving forward, and a review with other agencies on their effective programs. Staff was directed to distribute the concept for input to identify specific services and agencies that could make resources available. It was stated that failure was not an option and that the City needed to invest in order to accomplish what needed to happen in order to have a successful program. The RFQ would outline the services to be provided and give more options to choose. The Homeless Steering Committee, staff and identified agencies would be asked to review and provide concrete options and be clear with the services that are City Council Study Session March 4, 2013 Page 3 of 3 being asked to be provided. In addition, this group will be asked to identify problems and identify "who" will be served. It was agreed that moving forward was important and appreciation to Councilor Marsh was made on her work associated with the concept paper and her willingness to present the concept to the Homeless Steering Committee, staff, and agencies. Input from this group would be helpful to the Council when clarifying the RFQ. Request was made that under "Target Audience," "involuntary economic displacement" would be better defined and that "desired" rather than "required" be used in the RFQ. Meeting was adjourned at 7:43 p.m. Respectfully submitted, Barbara Christensen City Recorder ASHLAND CITY COUNCIL MEETING March 5, 2013 Page I of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 5, 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. APPROVAL OF MINUTES The minutes of the Business Meeting of February 19, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of March 8 as International Women's Day was read aloud. 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. Councilor Slattery pulled Consent Agenda item #5 for discussion. City Recorder Barbara Christensen explained staff would notify the various boards, commissions, and committees of the Council Liaison appointments and provide contact information. Councilor Slattery/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 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" Fire Chief John Karns provided background on the Fire & Rescue cost recovery fees and the increase in remote area rescues. Rescues outside the Fire Department's jurisdiction required 2-4 trained personnel, and necessitated overtime costs for employees called back to duty to cover operations during the rescue. Staff would add language to Section 15.28.170 Cost Recovery Fees (A) for recovery costs on firefighting that occurred outside the district. The ordinance allowed flexibility for payment extensions, with two appeals processes through the Fire Code or Administrative Appeals. Chief Karns clarified everyone including Ashland residents incurred ambulance costs. Councilor Voisin/Lemhouse m/s to approve First Reading of the Ordinance and place on the agenda for Second Reading. Roll Call Vote: Councilor Marsh, Lemhouse, Morris, Slattery, Rosenthal, and Voisin, YES. Motion passed. ASHLAND CITY COUNCIL MEETING March S, 2013 Page 2 of 6 PUBLIC FORUM Peter Schultz/375 East Nevada Street/Explained he received a letter from the Planning Department the year before informing him the land he had two green houses on were in the flood plain. He hired an engineering firm who established the 100 Year flood plain line did not affect his buildings and submitted a map amendment to FEMA who agreed with the results. The Planning Department explained it was a Type 3 Map Amendment and required Council approval. Mayor Stromberg suggested Mr. Schultz meet with the City Administrator regarding next steps. Ron Roth/6950 Old 99 South/Submitted documents to the Council regarding his legal case with the City. Grayson Hockett/1401 Oregon Street/Explained he was an honor student at Southern Oregon University and spoke on the progression of solar power within Ashland. Global warming had grown exponentially over the past two decades threatening the planet. Forming a solar powered community would help reduce energy costs, diminish carbon dioxide emissions, and Ashland could become a self-sustaining city. He noted the Drake Landing Solar Community near Alberta Canada obtained over 90% of their annual energy through solar power using a seasonal thermal energy storage system and encouraged Ashland to do the same. UNFINISHED BUSINESS - None 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 City Administrator Dave Kanner provided background on local vacation home rentals. Council directed the Planning and Housing Commissions to review potential code amendments to short-term vacation rentals. Vacation homes were typically single-family dwellings rented to travelers on a nightly basis for a period of less than 30 days. They fell into a gray area in terms of state law, city code, and county environmental health ordinances. Community Development Director Bill Molnar explained the Ashland zoning ordinance had provisions for these types of accommodations since the early 1980s. The Housing Commission recommended no changes to the current land use ordinance that allowed short-term accommodations through a conditional use process in the commercial and multifamily zoning districts. They were concerned providing opportunities to convert existing rental homes to short-term accommodations would have a negative impact on housing availability and costs. Existing parameters for Vacation Rentals by Owner (VRBO) required conditional use permits in all zones, owner occupancy, or a manager on premise in multifamily zones. The Planning Commission was not convinced the current supply of VRBOs was not meeting the demand. Additionally, there was sufficient land currently zoned for property owners to go through a conditional use permit process to add to the supply. However, the Commission determined current regulations did not meet the full demand for travelers' coming to town to lease an individual home on a lot for a short period that did not have an owner or manager on the premise. They recommended modifying the land use code to allow a limited number of short-term home rentals within multifamily zones and walking distance to the downtown without an owner or manager on the premise. They also recommended maintaining the restriction in the zoning code prohibiting short-term accommodations in the single-family zones. Mr. Kanner noted other municipal codes involved with tourist facilities. The first was Chapter 4 Revenue and Finance, 4.24 Transient Occupancy Tax, 4.24.010 Definitions. Staff believed the definition of hotel in the code could apply to vacation homes. In Chapter 18 Land Use, staff thought it was clear a vacation rental dwelling was subject to Transient Occupancy Tax (TOT) but there was value in cleaning up code language to make it clear. Staff recommended modifying language in Chapter 6 Business Licenses and Regulations, 6.04 Business Licenses to require business licenses for vacation home rentals. The next two were subject to debate. Chapter 15 Fire Code did not require vacation rental homes to have smoke detectors or a fire inspection ASHLAND CITY COUNCIL MEETING March 5, 2013 Page 3 of 6 because they were single-family homes. Council could adopt a local code ordinance requiring fire inspections for Bed and Breakfasts, boutique inns that slept less than 10 guests, or vacation homes. The last code affected was Chapter 9 Health and Sanitation. State law did not consider vacation homes as tourist facilities subject to a tourist facility license. Because of that Jackson County did not require vacation homes to obtain a tourist facility license nor would they inspect a vacation home or enforce a city ordinance that designated a vacation home as a tourist facility. Staff did not recommend tourist facility license requirements for vacation homes. He went on to address enforcement and explained the Code Enforcement Officer position was cut several years before so code enforcement was now an ad hoc function spread amongst many people and entirely complaint driven. The goal of code enforcement was compliance through fees. If the City reinstated a Code Enforcement Officer, that position would handle all the code issues currently spread throughout the departments and serve as a single point of contact, coordinate with departments and have the resources necessary for follow up and tracking compliance. Mr. Molnar explained the primary purpose for having a certain number of VRBOs was limiting the potential impacts to the residential areas. Staff researched other cities regulations on vacation home rentals that placed limits on numbers and distance from each other. Mr. Kanner added the Planning Commission would recommend a specific number as well code suggestions. Mr. Molnar noted the Planning Commission recognized the need for single unit non-owner occupied vacation rentals because of a national preference for VRBOs. The City allowed VRBOs in the commercial and employment zones but did not allow a lot of land or zoning designation to accommodate the demand. Staff focused on multifamily zones because the City did not permit VRBOs in residential zones. Stacy Waymire/1070 Greenmeadows Way/Explained he was part of a Limited Liability Company that owned property in Ashland that was currently a 30-day rental and supported vacation home rentals in the RI Zone area. Margery Winter/634 Iowa Street/Agreed with Mr. Waymire on the need of vacation home rentals in the RI Zone, preferably historic houses. VRBOs provided rentals for people with short-term jobs or engagements. Abi Maghamfar/451 North Main Street/Explained he was a member of the Ashland Lodging Association and the founder of the Ashland Bed and Breakfast Network who submitted 46 petitions supporting active enforcement of unlicensed vacation rentals. People were doing illegal activities and it needed to stop. He listed legal lodging costs that unlicensed VRBOs did not pay emphasizing unfair competition and illegal business practices. Pete Hawes/431 Courtney/Submitted a letter into the record that he hoped Council would consider during deliberation. He went on to speak in favor of vacation home rentals and the how they benefited the community. Kim Blackwolf/354 Liberty Street/Referenced and read from a letter she submitted into the record supporting vacation home rentals. Jean Fyfe/215 Sherman Street/Lived closed to a vacation rental home and noted the guests were quiet, personable, and interested in experiencing a private setting. She shared her experiences renting vacation homes. Stewart McCollum/819 Elkader Street/Explained how and why he started renting his home as a vacation rental, shared personal experiences and ideas for VRBOs. Carolyn Shaffer/234 7'h Street/Noted her personal circumstances as a widow and how home rentals helped supplement her income. Ellen Campbe1V120 Gresham Street/Explained she was a member of the Ashland Bed and Breakfast Network and the Ashland Lodging Association. Ashland had 76 lodging establishments with 29 legal vacation homes ASHLAND CITY COUNCIL MEETING March S, 2013 Page 4 of 6 not up to full occupancy and questioned the need for more. Yvonne Fried/1320 Prospect Street/Used her home as an adult foster care home that was handicapped accessible. She spoke in favor of vacation home rentals and benefits of housing entire families. Melody Jones/79 Pine Street/Owned a home with a mother in-law unit that she rented on a monthly basis. She supported VRBOs, disclosed utility costs had not changed, and there were no parking issues. Lisa Beam/1015 Mary Jane Avenue/Spoke on behalf of the Ashland Chamber of Commerce and explained how illegal vacation home rentals caused unfair competition. Council majority supported compliance through land use codes, approval conditions for Conditional Use Permits, distance to arterials, freeing up the requirement for on-site owners for R-2 and R-3 Zones, but did not support VRBOs in the R-1 Zone. Staff would research how many vacation home rentals were prior long-term rentals. Councilor Voisin/ Rosenthal m/s to approve the initiation of amendments to the Ashland Municipal Code related to short-term rentals that incorporate the recommendations forwarded to the 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. DISCUSSION: Councilor Marsh did not support the Planning Commission recommendation for a new district downtown for VRBOs, or having caps on the number of facilities but supported retaining the 200 feet within an arterial. Councilor Marsh/Lemhouse m/s to amend the motion to eliminate the Planning Commission recommendations to include a Downtown District element, retain the current standard for distance from an arterial requirement, and have the ordinance not include a cap on specific kinds of facilities. DISCUSSION: Councilor Voisin would not support the motion and wanted information on how many VRBOs were close to the downtown area. Councilor Lemhouse thought the free market would dictate rental areas so the City did not need to regulate them. Councilor Slattery would not support the motion and wanted to see the ordinance in its entirety prior to voting. Roll Call Vote: Councilor Morris, Marsh, and Lemhouse, YES; Slattery, Voisin, and Rosenthal, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4- 3. Roll Call Vote on amended Main Motion: Councilor Morris, Slattery, Marsh, Lemhouse, Voisin and Rosenthal, YES. Motion passed. 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" Community Development Director Bill Molnar explained the Planning Commission's recommendation to approve the Transportation System Plan (TSP) included clarifications to the document, and added maps that staff and the consultants agreed with. Public Works Director Mike Faught addressed the connection from Ashland Mine Road to Wimer and explained the contours were so complex staff would have to engineer a connection when they annexed the area. For projects in general, staff would apply for grants and funds and did not plan to spend more money than what they had spent historically. Mr. Molnar clarified the TSP was part of the Comprehensive Plan, the studies and projects were not mandated and contingent on funding sources. ASHLAND CITY COUNCIL MEETING March 5, 2013 Page 5 of 6 Mr. Faught went on to address the connection street between Clay Street and Tolman Creek Road. Neighbors in the area strongly opposed the connection and worked with staff on a compromise that delayed the project until a redevelopment of the manufactured home occurred. In the interim, they agreed to a multi use path. Mr. Molnar explained that most of the development in that area was subject to annexation. Staff would do a traffic impact analysis on Normal Street and if findings showed the connection needed to occur earlier it would be a basis for not allowing annexation or future development until the connection occurred. The remaining property along Clay Street was in the Urban Growth Boundary but outside city limits and annexation required adequate transportation access. Mr. Faught added the TSP was sufficient to ensure the connection between Clay Street and Tolman Creek Road happened. CouncilorVoisin/Slattery m/s to approve the findings of fact to accompany the ordinance for the TSP adoption and Street Dedication map amendment. Roll Call Vote: Councilor Rosenthal, Voisin, Marsh, Lemhouse, Slattery, and Morris, YES. Motion passed. Councilor Voisin/Marsh m/s 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. Staff explained they did not have the explicit language of the changes made to the ordinance and needed to continue second reading to the next Council meeting. Councilor Marsh /Slattery m/s to continue Second Reading of the Ordinance to March 19, 2013. Voice Vote: all AYES. Motion passed. 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" City Administrator Dave Kanner provided the background and listed the seven conditions added to the language from Resolution 2007-11 that formulated the draft resolution allowing dogs in the emergency shelter: 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. Councilor Slattery/Marsh m/s to approve Resolution #2013-04. DISCUSSION: Councilor Lemhouse would support the motion but wanted better justification to allow dogs in the winter shelter. Mr. Kanner explained insurance coverage for the emergency shelter fell under providing emergency services and was different from the ongoing shelter in a City building. He went on to confirm that staff stopped by the Thursday night shelter and would continue if Council allowed dogs. Roll Call Vote: Councilor Lemhouse, Morris, Rosenthal, Voisin, Marsh, and Slattery, YES. Motion passed. ASHLAND CITY COUNCIL MEETING March 5, 2013 Page 6 of 6 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" Councilor Slattlery declared a conflict of interest due to his wife being the Executive Director of the Ashland Chamber of Commerce. Councilor Lemhouse/Marsh m/s to accept Councilor Slattery's conflict of interest and allow him to leave the meeting. Voice Vote: all AYES. Motion passed. Councilor Slattery left the room at 9:56 p.m. Administrative Services Director Lee Tuneberg explained Council had designated $110,000 to the Oregon Shakespeare Festival (OSF) a few years prior and that amount had not changed. The allocation fell under the state requirement regarding tourism. Council questioned if returns on the allocation had declined over the years since OSF was receiving less funds by not incurring an increase. Councilor Voisin motioned in the non-tourism monies under the economic development program, the 10% is divided between the General Fund at 85% and small grants at 15%. Motion died for lack of a second. Councilor Rosenthal/Lemhouse m/s to approve Resolution #2013-05. DISCUSSION: Councilor Lemhouse agreed OSF was receiving declining funds over the years but the City had not heard from them regarding an increase. Councilor Voisin added OSF provided Council a report on how they spent the allocation annually. Mr. Tuneberg explained allocation amounts for the Vacation Convention Bureau (VCB) was another identified use of tourism dollars from the state definition. Councilor Voisin wanted to increase the allocation percentage for the grantees. Councilor Voisin m/s to amend grantees under the tourism section and increase the percentage to 20% from 10%. Motion died for lack of a second. Continued Discussion on Main Motion: Councilor Rosenthal noted the Chamber allocation and how it related to the City's recently adopted Economic Development Plan and did not think the current allocation was adequate to achieve the goals stated in the plan. Roll Call Vote: Councilor Marsh, Morris, Lemhouse, Voisin and Rosenthal, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 10:09 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -AS H LAN D Council Communication March 19, 2013, Business Meeting A Report from the Mount Ashland Association on Summer Work Plan/Expansion-Related Activities FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: The Mount Ashland Association has notified the U.S. Forest Service of plans to start work on three projects the ski area this spring and summer: Widening existing ski runs; the addition of 101 parking spaces to the existing parking lot; and re-contouring the beginner ski runs with fill material generated by the parking lot expansion. Representatives of MAA will attend the March 19 business meeting to brief the Council on these plans and answer any questions. BACKGROUND AND POLICY IMPLICATIONS: The Mount Ashland Association has for many years discussed its desire to make improvements to the ski area by widening runs, expanding parking and adding beginner terrain. MAA has now notified the U.S. Forest Service of its intention to complete three projects this spring and summer. The City is not the permitting agency for these projects, however under a 2011 agreement between the City and MAA, plans for this type of work, MAA must provide the City with copies of detail-level plans for the work not less than 30 days prior to commencement. The City then may, but is not required to, conduct a technical review of the plans with respect to impact on water quality, among other things. MAA must then confer in good faith with the City over issues raised in those technical plans. The first project, widening ski runs, is scheduled to begin on April 24. As such, MAA's deadline for providing plans to the City for technical review would be March 25. As this Council Communication is being written, we have not received the plans and as such, City staff will not be prepared to answer any questions regarding our response to them, although staff can discuss how we will proceed with our review. FISCAL IMPLICATIONS: It may be necessary for the City to hire outside consultants to do some of the technical review described above. Otherwise, no fiscal implications are identified. STAFF RECOMMENDATION AND REQUESTED ACTION: This item is for discussion only. SUGGESTED MOTIONS: N/A Pagc 1 of 2 I& CITY OF ASHLAND ATTACHMENTS: February 24, 2013, letter and attachments from Mt. Ashland Association to U.S. Forest Service Agreement between Mt. Ashland Association and the City of Ashland Page 2 of 2 ~MT ASHLAND:. Re: SUMMER WORK PLAN/Expansion related activities February 24, 2013 Donna Mickley Ashland District Ranger USFS 645 Washington Street Ashland OR 97520 Donna: Mt. Ashland is proposing to start and complete three primary projects approved in the 2004 Record pf Decision that was upheld by the 2011 Supplemental Record of Decision. These three projects .will be supported by all of the required documentation, permits and plans before each project is commenced including but riot limited to the agreed upon notification and approval of the City of Ashland, a Financial Ability Determination by the USFS and a detailed implementation plan: Project 1- Anticipated start date April 24, 2013 (map attachment A) . Widening of existing rims through tree harvesting as.listed in the September 2004 Record of Decision on page ROD-5 R-23 Sonnet/Blossom R724 Lower Juliet . R-25. Romeo R-26' Lower Winter 'R-27 ' Lower Tempest R-28 All's Well - R-29_ Lower'Caliban One new run as listed in the September 2004 Record of Decision on page ROD-4 R-20. This run is on the Sonnet lift area. Under this planned start date all tree removal/skidding will be done over the snow to two separate deck areas to be hauled out by truck when conditions permit. Project 2- Anticipated start date late August 2013 (Engineering drawing attachment B) Addition of approximately 101 parking spaces on the cut bank side of the Jackson County access road at the entrance to the existing parking lot. This will require the excavation of approximately 22,133 cubic yards of material and will cover 48,378 square feet. The finished parking lot will consist of an 8 inch lift subgrade of shale material covered by a 4 inch lift of crushed rock topped by 3 inch lift of AC pavement. Snow removal will be handled by the Oregon Department of Transportation under the Sno Park agreement. Approval time by Jackson County is approximately four months and will include the State of Oregon 1200-C permit. Project 3- Anticipated start date late.August 2013 . Re-contouring of Sonnet and possibly Blossom ski runs with the fill material generated £rorri.the parking lot excavation project, removal of the old rope tow shack and electrical service housed there, new trenching for the electrical service back to the top of Sonnet lift and re-installation of the electrical service and the re-location of one or possibly two night light fixtures on the bottom of the Winter ski run after tree harvest. The re-contouring of Sonnet run will be done according to the prescription set forth in the 2004 EIS. All electrical permits will be pulled by a licensed local electrical contractor. Re-vegetation and restoration work will be done according to the prescription set forth in the 2004 EIS or applicable plans as approved by the USFS and or the Oregon DEQ in the 1200-C permit. Mt. Ashland Association PO Box 220 / 693 Washington St. Ashland OR 97520 Phone (541) 482-2897 Fax (541) 482-3644 Email info@mtashland.com Also, under separate Summer Work plans, we will include resuming work on the following restoration projects identified in the 2004 ROD. These projects are identified as follows as approved projects in the 2004 ROD. WA-1 thru 4; WA-6 thru 13, WN-1 thru 7, WC-I tluu 3, WG-1 Projects WA-1, WA-6, WA-7 and WA-11 will all need the use of a helicopter and Large Woody Material (LWM), both of which will not be available until further trail clearing operations to complete but the remainder of the work will be started: We anticipate being able to complete the rest of the projects- his summer (2013). Mt. Ashland is excited to finally be able to start these projects approved in the 2004 EIS and upheld in the 2011 SEIS and ROD. If you have any further questions please feel free to contact me. Tbahk.you, Kim Clark General Manager. . Mt. Ashland Association 541482-2897 ext. 224 ~cl:uk ii shish ililtl. c CIRCE ~VPrRgp+~+„~~~ltl 11A~,90 -t- -~nW~:.~,. ~.r..'fll ,trl 11~r~~1 1' • ~~1 `;ll 9F' ~r r ; sl i Il ' 11~ CRC « `y i 1 t~l t~l~ I~t' y t++~ • ~1~~ ~~~y a. 1 ft~ k j 1y l r 4 4~, l~ ► t l Slow Skiing Zone % Run Widening Tree Removal Area l ` I~ ? h~~~'+, ~1' ♦ „ ' ' Ifs 1-4 a6o ~ ~ ~UI~~ ~ Iii li~l na St►,+~ Il ~ l•, A I'~p'y~l l ~ ► llr l~_ l.i+ Il li ~ ~ r ~ ~ ~ rrlri +T ~1' tai lt',I, rr'tf rt. 4 to~ t~ tl'~~Iti , 1 Jl ` . i l+ , .r } ll l it ~l~ ~ fix. a ' +fAISTA~f t Lt~A+ 1 l l ~ ~ 1. 1 ~1 l I• ' 1 jl ._ti r ;iy~~ '~4' I~41 l i t l ,,tl 1~ ~l+ I~;~}~ tl ~i~ rr~~ i h FIL ti? lll+ 4 ~i Q' ( 11J;i , Fr r~•~ ,i , Ij~► ~~r;f I i~ l~ll.'' ~ ~,j1`,►V~ , , u! + 1 yl ep t' `SI / S 1 t Sri l `,It': ti ~ti~ ► i 'y' tlA r l~, ~ ' ' , fj i . ~l I ►1~,,11I,1 tr~jlxi~ t•~ ,w i t+, ~L 10. ,ail l 1~ ' y'3- ` ~'-~;~t ~ ~ , ' ~ anp ¢ ,al f + 464 titr ti;r,o' ern a ! + f~l -cam,, 1 . 1 `itt~~u1~ ~°rii'' nrtn ~K~nnnrtr ~ t r }'pqe5n[ry~ A }y GENERAL NOTES 4'?+'-=Tdy11 ti , e I. S.4-t. tsoo, dd iroterw. Nall Ev EI 9'. ✓j%~ '1r '~i` '-'rx~t~ p*~i acc dv..e nnn w w...s oDOr. rm.rmm t y 1 g 4 PdaIK. ,rora A..abtlwe (ARIA) atahao d eeelnwtloro a,d o-a•Yp unless, owrnl.e END erne by U..p•alllaauarls sunken to, M. i p j~ e^ 1"'.;}' IXISTING TREES: 3 Me want or eoMlct In rogdabero and A ` .i+" Illeatloro t w -do' s/~>^ Y ~ !t~ .L r` C T. spec 9 .rnrw iFb Frgje of preceeerce U m rel Iona. ODDT W rtr:- 1 .p y l ^ ,;E. # EW20 9K American Yorke Ibaacbtl aa, c) benera rhlb" ly a n,, ELSTINGAL: 3 All r l '4Y 2 ~ ..~~+:V` s ~r• -.R II-F Alec ~t~l4a w sasrjOct to abeve PRG{VSEDAL: cppNCtlNS oe shall W ff lpgKnnlcatlene \ W~ b' y# tf r!l" t. }jA! t A T C Na A. Carltroct lWaotan GN.rI at IMK 22 2504 aM EASIING CDNTWRS: .m~ww Tv EhB'ch at ~emt 48 Mne prbr to hsh' \ \ \ ll x4 ✓ • ,f.A "p1 h $ Pro)ut6 „ a {,typ "'tl PROPOSED coxrouns: v, owa,ce or r . shall b howled 40 1w. sy o.t I, I was tor'. Tne hall r. a w. wwoctor. atMtlea tty MNrg .I el~ctlon•hali,ore Tw wtlrrl + yt' ed' S } fyy u^ I I T .j - P.611 Inp.cbon. of Ma nark Rr 1 - r w x~.+ y3~fi ~ + J 7~'If 1 aA ' oMa.mawe to clry wg,mewn 6 Th.r..MII a m e.mauon cram w r • s{ ..p,( x +n Jr 'k tl. 't w Protect , Ella" M' cTp. twee N I,vltlw v w\ #M1 <'I • s T ttlr;` 7 '3.7'"}« n Yert, 1A, E-onn> moe.ru the M Gems. a frost shell .M •t k r~ n f e~ a aww r ha dl the gnwr. The 4 xf t^- a c'I atc' shall soil roary " 514-or oe w or • i^N tl eral eww p~ to o ay B 'o arvi -t latxY+l rmt 11 ro YY'd° 4 . • NlaemerR a J Null t ckv'g matmrbl .airs. 3 wy~ l INaa approval a mck nu mot.rlol rn rogvbeaNnll re place b mox4rvm II/te or D' = Noll be ' ompacted afahlaal meo,a to q0% or : *!$1 AY y1 s - .1th AnMReTna9 N~atloeaaa of I or dine ror of / I / $ 't} y k~ ' " ,,.r ''Y~ ^~'+r 2; i fi~'e I °o N E`P~ yD~~N 3ET i FLl T yyE✓t KII~ ,Y y 0 ~ e^ia"~^ of Brah lo• -tKWl. 'Iot . t 5"i . ,Y.i ,+J/s• DATA C,x, VSYSP C yb s'. 5~. d .-lty lah,L y k ~ dtiW *}~j3 J ~ ~Yfi' h ~ G1~ l ] ~ S S~r*e 3f' ,t -;4 N~. , aoe In awarecrca w.e p plain hti k yrf.Ae r s14. , b lX•' si v tP 8 "A h11 N v`,p r_, ? _ _ a y, n. a ar cont.•:ur--hewn shall the m n t palus .arh P,Ior to a to ri ! • • .Y f ;'~m"Y.r"'rp J, r.'av Yaa -a, _ # r - a 'Y, 3: o,rg WCtbn and . NnI1 l c aC rt _ ~m - N a cohe.l eda i A. c a w~~-ryry-- .aarava EW 'DIATGPIP:CM O T u ~ _ Y `s: bean wmpl... low re~ dr ca%nvanon has 50 ID.A wpy of thl, cppr plaos. 5§..'^» t ~ ' •Dy~$ own urwoelaro me .tame tre+eg. NaII W p'cgw fob Nee at aN come .ells wxk m b p 0 A.D 5 K w G LINE(• i ' f II All maesr al remaining It., Wck I'll" c W4f ppeed or yfg u,. ason ant oacta ted~ ."-.It. as e a prov.d or w twe, = tha =1 "'Aar .11 .-Illy ew occordar" nM w cyprowd plan and apeclNwt.. ° 13. T -tratah shall -0, .11 control." low darvrolw burrs. xd.'" a ralarlral" :y r± IA, All ...t No.,gou'd Kllrcbe aN eervke Ut-.. shall be acot.d ad aahos y LC - o w trac ts es hv.pamll ty a ices ate al cleQly mcvk all eakt ng I Sro ne utll ties and loot e. 15. AerUI hap prwle.dl. boo le Napa. Exlstl, contcvr. per ex EB M. AshIW aaa TJ Bo..ae aIhIal. a ml~ ENGINEER: 8 - = _ \ ` _ ~ Ta BDSSWgFNC#➢iWG,LLC ~\l~\-- ~ 1180.xaEU prd rb : lemm.aPmmN ~ -xp1M5110911 $ A~' \J OS (Y e PRLIINARY PARKING AREA LAYOUT Y SCALE-V14V SHOWING PROPOSED GRADING PROPOSED AC PAVING EXISTING AC PAVING 101 PARKING SPACES EXISTING ROAD emrs5 a-ao-r5 NEW PAVING AREA= 48,378 SO. FT. NEW DAR DITCH EXISTING GRADE tD•,/_ VOLUME DUANTRIES NE TORCH FINISHED AC PAVING DRAINAGE SwALE MOUNT ASHLAND CDT 22,13SCU.YDS. MEREOCCURS PARKING EXPANSION NEW CUT BANK VERIFYSLOPE GRADING PLAN PRELIMINARY _ I DRAM' H _J LHCTX.ED~ T.B TYPICAL PARKING SPACE CONSTRUCTION PROPOSEDACTRAN81TION DATE, O]-N-I3 NEWPARKING AREA SCALE'1'-10 NOT FOR NEW PARKING AREA NoscuE G OF 2 65W BWD KSO _ 656° 659° 6900 6560 BSID \ 6$t0 \ 666° 65W \ 6520 X00 _ 8500 C \ 8060 m m M00 1•W 2.W aaG] p•W ta00 2-00 3,0 SECTION A SECTION I ~ ~ 3 3 1a00 DD PRELIMINARY 65p - SECTION E 656- - NOT FOR C6W F@ (VERIFY) PARKING REA 650° 85W SLOP aao t.oo 2-DD awo aroo S & 6 ° ° sECtwv6.~ r. $ $ _ s6cWn6-6 FRAMEPLAN SECTION B m m m m L 0-CO t-W 20 a-CO NW yd`4.e~^y I T-i ssw - - ..~2{ 6 PROPOSE FINISH GRAp SECTION F 6620 m:.p:~ 6560 8600 _ \ FRAME SECTION 60 - - L J 6580 I _ 6510 6Y° fiszo fiuD \ PLAN PLAN ..J . consroum wow.vnws 85W \ 652° \ x ~ Cunvs mua., eY~P~m we.W E NMEID ewewvw er e..pn~. wnnm- rxm BIW \ \ GMTEfiECTIGN pymm mmrM~~. iY!'Et ermemmmmmx zamzs~v. 6060 Bf80 DITCH INLET DETAIL _q m m fiafiD \ NO sCALE 0-W t-W 2-W 3-00 0-W S a b . SECTION C ENGINEER: . taw 2w0 aaW a-W iJ.B0SE42p BlgNEBUNGLLC SECTIONG nH01nGGFK6Dm 66W _ IFDf06),O6fWYR5N FMW1 1I1 6620 i0.Y'AId4l//I 6580 660D V AG PAYcFEM 0.[0 PRO 0.,G IM(Y'~ &560 - - 6580 W 4' 9210 ' g \ EL~I~IN Y 650° 8580 t - 4'CW91ffo F2~1 'b ~Y H. [5~,5P al 85m \ .esao - YJAY ~ . _ \ EXPIRE913-91-19 650D ~W MOUNT P15HLAN17 6060 \ \ \ fi5W _ as_°nP~ oe~ ~`iroE`RR PARKING EXPANSION 6160 60W ` n 2"~ TYPICAL PAVING SECTION SITE SECTIONS a i a m NEW PARKING AREA f.F£Y.KEDTm U-w 'NW 2-W 3w0 4-00 HORIZ.SCALE 1'=40' 1W0 2-00 - a•w aaw oATE, 02-II-19 SECTION D VERT. SCALE. V-40 SECTION H G2 OF 2 AGREEMENT WHEREAS, the City of Ashland, as lessor ("the City"), and the Mt. Ashland Association, as lessee ("the MAX'), on or about July 9, 1992, entered into the Mt. Ashland Ski Area Lease ("the Lease") a copy of which is attached hereto and marked as Exhibit "I"; WHEREAS, the City desires to surrender to the United States Department of Agriculture Forest Service Special Use Permit ("the Permit") as described in the Lease if a comparable permit is issued to MAA, and the MAA desires to have the Permit or a comparable permit issued to it; WHEREAS, the City is the owner of certain improvements in and on that certain real property located on Mt. Ashland in Jackson County, Oregon, which is described in and is subject to the Permit ("the Permit Property"); WHEREAS, the City is the owner of certain personal property, fixtures, furnishings, inventory and items of equipment used in connection with the operation of the Mt. Ashland Ski Area and/or located on the Permit Property including but not limited those items described in the Lease and identified in Exhibit "B" to the Lease (the "Equipment"); and WHEREAS, the City has determined that it would improve MAA's ability to provide winter recreation to the Rogue Valley, which is beneficial to the economy of the region if MAA became the holder of the Permit and the owner of the property; and WHEREAS, the City has further determined that it would reduce. the potential legal and financial liability of the City to convey the Permit and property to MAA; and WHEREAS, the City has determined that conveying the Permit Property and Equipment to the MAA would further the public interest and the MAA desires to receive the Permit Property and the Equipment to use in the operation of the Mt. Ashland Ski Area; Based on the foregoing and the mutual promises and covenants contained herein, the City and the MAA shall as soon thereafter as practicable accomplish the following: 1. The City will surrender the Permit to the Forest Service, and the MAA will apply for issuance of the Permit. The City agrees to assist reasonably the MAA in the process of issuing the Permit or a comparable permit to the MAA. 2. The City shall convey whatever interest it has, or by rights should have, in and to the Permit Property and the Equipment to the MAA by execution of a bill of sale for personal property and a statutory quitclaim deed for real property. 3. Upon issuance of the Permit or a comparable permit to the MAA, the provisions of the Lease shall have no further force or effect whatsoever, except that MAA will remain responsible for any amounts the City is required to pay pursuant to the Permit as a result of the City's surrender of the Permit. Page 1 of 4 4. The parties further agree that: a) The City shall have the right annually to appoint one person to serve as a non- voting liaison to the Board of Directors of the MAA. The City's liaison will be provided with all information provided to directors, except that the City's liaison will not participate in personnel or legal matters. b) MAA will provide the City with copies of all architectural, engineering, construction and logging plans, including without limitation any related environmental impact studies, relating to any improvements contemplated by MAA within the Permit Property, now or in the future. MAA will deliver such plans to the City no less than thirty (30) days prior to the commencement of any construction, earth movement or logging. Within 30 days of receiving the plans from the MAA, the City may but is not required to conduct a technical review of MAA's plans with respect to its impact on water quality, including without limitation erosion, sedimentation, stormwater, revegetation, watershed restoration, wetlands, and spill control. MAA agrees to confer with the City in good faith on any matters raised in a technical review relating to water quality. The City of Ashland may appoint a representative to provide daily on-site monitoring and inspection during any earth movement, logging or construction, and MAA agrees to provide access to the City's representative. MAA and the City will confer with the USDA Forest Service and any affected regulatory agencies if issues are identified during construction as ones that will affect water quality, erosion, sedimentation, and spill control. C) MAA agrees to comply with any obligations imposed with respect to sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load (TMDL) document prepared by the Oregon Department of Environmental Quality to meet the requirements of Section 303(d) of the 1972 Federal Clean Water Act. d) The Permit or a comparable permit will require MAA to maintain a "Restoration Amount," which shall mean and refer to the maintenance of available funds or assets by the MAA to cover area restoration in the unlikely event of the ski area closure. MAA agrees to increase the amount it maintains as the Restoration Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI - All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA further agrees that it shall at all times maintain the Restoration Amount (as increased pursuant to this paragraph) in unencumbered funds or assets, i.e., readily transferable assets subject to no lien. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the funds maintained for the Restoration Amount. C) The MAA agrees that it will not proceed with any logging, earth movement, or construction activities related to the portion of the expansion identified as Phase I until MAA has received a combination of cash contributions, binding financial commitments, and performance bonding necessary to cover the entire cost of the Phase I improvements. The final details of the projects included in Phase I will be defined by permits issued by the USDA Forest Service, but Phase I can generally be described as the Ski Run Settlement Sale, a ehairlift with new lower intermediate and novice runs, a warming dditional parking spaces, the widening of several existing runs, and 23 watershed restoration prcjecft.-,.. NWT- td.~-4- it Page 2 of 4 f) The MAA agrees not to amend its articles of incorporation, without the express written consent of the City, in any way that would impair its current provision that, in the event the MAA dissolves, all of its assets which remain after MAA's creditor claims and other obligations are satisfied shall be distributed to the City. g) The MAA agrees that in the event it dissolves, that none of its assets shall be distributed to a director, officer or other private person or private entity. h) MAA agrees that it will not, without the express written consent of the City, which consent shall not be unreasonably withheld: (1) transfer or convey to another person or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement; or (2) enter into an agreement with any other person or entity whereby the rights and obligations under the Permit or the comparable permit issued to MAA as contemplated in this Agreement would be assumed by any other person or entity. i) MAA will reimburse the City for the City's reasonable attorney fees and any other out-of-pocket expenses up to $7,500 incurred in connection with the negotiation and performance of this Agreement through the date the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. The City will provide MAA with a complete accounting of its attorney fees and out-of-pocket expenses within thirty (30) days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. MAA will pay the amount owed under this paragraph within ten (10) business days after the City delivers its accounting of those fees and expenses. 5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit or a comparable permit and, with the exception of Paragraphs 3 and 4(i), shall be of no force or effect if that condition is not met on or before December 31, 2012. 6. Miscellaneous: a) There are no oral agreements or representations between the parties hereto which affect this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, warranties, representations and understandings, if any, between the parties. b) The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. C) If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. d) It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. Page 3 of 4 e) If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal there from shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. f) Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being provided with the notice. g) The MAA may not assign its interest in this Agreement to any third party without the express written consent of the City. This agreement shall inure to the benefit of and shall be binding upon the City and any permitted successors and assigns of MAA. h) This Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. i) Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. j) The consent or approval of either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. k) This Agreement shall be governed and performed in accordance with the laws of the state of Oregon. 1) In the event of a dispute pertaining to this Agreement, the parties agree to attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before commencing litigation. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and hea d in the appropriate court in Jackson County, Oregon. Date: aZ Date: O(~/ ~J~ MT. ASHLAND ASSOCIATION -LESSEE Crrv OF ASHLAND, OREGON - LESSOR By: By: U Title: le: Page 4 of 4 CITY Of ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING 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 the January 22, 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 0(4 finite supply of housing available in Ashland and they want 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 stated 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 Maghamfar1120 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. 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 these 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 18-4: Site Development and Design Standards. She staled 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. This option requires the analysis be prepared by a qualified professional and assess the parking demand and supply in addition to a variety of other factors. Ms. Harris asked the commission for input on whether this provision should be a staff approval, a public hearing, or to process it with the main action and support was voiced for processing it in the same manner as the main application. 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 threshold for dividing and providing walkways through parking areas to meeting two requirements - 50 spaces and areas where pedestrians have to walk across more than 100 ft. 6) Vertical Clearance for Driveways, Aisles, Etc. The recommendation is to exempt parking structures from a vertical clearance requirement because this is already addressed by building code. 7) Vision Clearance for Screening Walls and Hedges. The proposed addition is to require that walls and hedges designed to screen driveways and parking areas meet vision clearance requirements. 8) Amendments to landscape Plans. The suggestion is to allow amendments to landscape plans for fire safety, decreased water use, and energy efficiency as a ministerial or Type I approval. 9) Credit for Existing Plants and Trees. The proposed language makes it clear that existing healthy plants and trees that are preserved can be counted toward meeting the landscape requirement. 10) Bio-Swale Plantings. Requires plants used for storm water retention/detention to be water-tolerant species. 11) Expanding Low Water Use Landscaping to Residential Projects. The commission was asked whether they would support expanding the low water use landscaping requirement to multi-family residential projects that require site review approval. Commissioner Mindlin commented that this idea has merit, but does not want to add this as a requirement. Commissioner Dawkins commented on the use of emitters and the damage they do to plant life, and would like to specifically prohibit their use in the code. 12) Plant Size Specifics. Ms. Harris clarified minimum tree and shrub sizes are suggested. Commissioner Mindlin commented that the issue might be a lack of water rather than the wrong plant size being planted. She also stated that homeowners often don't know how to get the same quality plants as landscape professionals. Commissioner Brown suggested including a maximum plant size. Ms. Harris clarified this language comes from the State model code and they would be taking this amendment before the Tree and Conservation Commissions for input. She also clarified the Tree Commission reviews landscape plans and lets people know if they have the wrong tree or planting selected for a specific area. 13) Erosion Control, Soil Maintenance and Crime Prevention. The proposed new language addresses erosion control, soil maintenance, and design landscape with crime prevention in mind. 14) Screening Loading Facilities. The suggestion is to include loading facilities in the screening and buffering requirement. 15) Maintenance of Landscaping. Ms. Harris stated a requirement to replace dead or dying plants within 180 of discovery is suggested. Comment was made questioning how someone knows when a plant has started to die. Additional comment was made that sometimes there are good reasons to remove a dying plant and not replace it, such as when overplanting occurs. 16) Temporary Tree Fencing in Riparian Areas and Wetlands. The suggestion is to include an exemption for temporary tree protection that is required as part of construction. 17) Fence and Wall Setbacks. Language has been added that clarifies fences and walls that meet the height requirements do not have to meet the standard setbacks for structures. 18) Outdoor Lighting. Several new standards are suggested addressing the shielding of light fixtures, locating light fixtures in walkways so there is an adequate pedestrian through zone, and maintaining outdoor lighting. OTHER BUSINESS Commissioner Mindlin requested the Commission discuss potential dates for their annual retreat. The commission held a short discussion and agreed to use the second weekend in May as their permanent date for the annual retreat. ADJOURNMENT Meeting adjourned at 9:25 p.m. Ashland Planning Commission February 12, 2013 Page 4 of 4 CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Recommendation for Endorsement of the AAUW Garden Tour by the Conservation Commission FROM: Adam Hanks, Management Analyst, hanksa@ashland.or.us SUMMARY The American Association of University Women (AAUW) annual Garden Tour occurs in May of this year. They would like to hang a banner across East Main Street to advertise this event. In order to do this they need to have endorsement from a city commission or committee with final approval of that endorsement by the City Council. The Conservation Commission has already agreed to endorse this event for the purpose of hanging a banner and are now requesting that Council give their final approval of that endorsement. BACKGROUND AND POLICY IMPLICATIONS: On February 27th, representatives from AAUW attended the Conservation Commission monthly meeting requesting endorsement of their event. The Commission voted in favor of the endorsement and is now forwarding their recommendation to the City Council for approval as is required by the Commission and Committee Operations Guide adopted by the Council in February of 2012. Endorsement, as defined in the Operations Guide, is a public expression of support for a program, activity or event and requires there be a correlation between the event and Commission purpose. The Commission supported the event and confirmed in their approved motion (draft minutes to be approved at March 20, 2013 meeting) that the event meets the criteria stated in the Operations Guide and that the event has a direct connection to the purpose of the Conservation Commission, specifically their charge to "educate and advocate for the wise use of resources" through the event's education of sustainable urban gardening, appropriate plant selection, soil care and wise use of water through rain harvesting, gray water use and irrigation techniques. City endorsement of the AAUW event allows the AAUW to be an eligible applicant for a banner permit over East Main Street. It does not include any financial assistance from either the commission or the Council. The AAUW would be responsible for all costs incurred in printing the banner and for the City permit costs associated with the banner hanging. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this endorsement. Page I of 2 ~r, CITY OF ASHLAND SUGGESTED MOTION: I move to approve endorsement by the Conservation Commission of the AAU W Garden Tour for the purposes of hanging a banner across East Main Street. ATTACHMENTS: AAUW request for endorsement Page 2 of 2 A S RING GARDEN TOisk empowering women since 1881 Thank you for giving us the opportunity to speak with you today. As you can see by the handout we've given you, we are here on behalf of the American Association of University Women. The Ashland Branch was established in the 1930's and currently has 134 members. Our members, like yourselves, are committed to improving the quality of life here in Ashland. We volunteer as board members to organizations such as Science Works and Ashland Community Hospital, we serve on the Parks Commission and City Council. I've also provided you with a list of our branch projects. We believe in being responsible community citizens. In keeping with our mission, which is "to advance equity for women and girls through advocacy, education, philanthropy and research", over the past five years we have also given over $50,000 in scholarships to under privileged women attending SOU and RCC. 1 am here today to discuss our 18th annual spring garden tour and how it supports the goals of your commission. This self-guided tour in Ashland each June consists of eight privately owned gardens that feature art produced by 25 local artists, local musicians, dancers and performance artists, gardens with water features, vegetable gardening, urban gardens, hillside gardening, and each year we include a community garden. This year it is the Mountain Meadows Community Garden. Last year it was the Mill Pond Community Garden. We have always tried to focus on sustainability in the gardens we select. This year we are taking this one step further by including specific examples in the garden descriptions published in our programs, such as: various methods of composting, drip irrigation techniques, rain harvesting systems, organic vegetable gardens, mulching and pesticide free gardening. Each year we have at least one member of the Jackson County Master Gardener Association in every garden that is available to answer questions about sustainability issues such as drought tolerant plantings. It is our hope to continue to expand our emphasis on conservation and sustainability by including a page or two in our program to the Ashland Conservation Commission. The City of Ashland has a strong history in developing programs for its residents to conserve resources. Goal and recommendations from the Conservation Commission to the City Council often make their way into conversations aimed at reducing consumption and becoming as efficient as possible with the resources that are used. The Ashland AAUW wants to do what we can to help facilitate these conversations. In exchange we are hoping for your endorsement of our annual garden tour to the City of Ashland. We are seeking permission from Mayor and the City Council to hang a banner across Main St. promoting this annual event. It our understanding that the City will only allow banners for events they co-sponsor or for Economic, Cultural, Tourism & Sustainability grant recipients. We applied for a grant last year but after seeing the list of recipients we understand the AAUW really does not fit within the grant parameters. And as generous as the City is with its grants, we are not seeking any financial assistance. We have been successful in raising sufficient funds to pay for our operating expenses through generous contributions from our membership and our various fund raising efforts. Last year our garden tour sold over 600 tickets bringing in many people from out of town as well as out of state visitors. We believe the banner is a perfect way to demonstrate the importance the City of Ashland and the Ashland AAUW Spring Garden Tour places on protecting our natural resources, conservation and sustainability, but we need your endorsement for this to happen. We welcome any suggestions you have for us and thank you so much for your time and consideration. CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Authorization of New Lease for the Downtown Police Contact Station FROM: Terry Holderness, Police Chief, holdenet@ashland.or.us SUMMARY The Ashland Police Department requests Council's authorization of a new lease for the Downtown Police Contact Station. The current lease agreement between the City of Ashland and the Claycomb Charitable Remainder Unitrust will expire on April 1, 2013. Although the lease agreement had a provision allowing the landlord to increase the rent by 5% each year, the rent did not increase and remained consistent throughout its duration. The existing lease agreement appears to be significantly below fair market value, while the proposed agreement seems consistent with current fair market values. BACKGROUND AND POLICY IMPLICATIONS: The Downtown Police Contact Station is leased to the City of Ashland at a monthly cost of $350. Since the current five-year lease agreement will expire on April 1, 2013, a new five-year lease has been presented to the City for consideration. Although the cost will increase from $350 per month to $685 per month, the increase appears to be consistent with current fair market values. The Police Contact Station is 270 square feet and has two parking spaces included in the cost. It is nestled on the corner of the Claycomb Mall directly across from the Plaza. This is an ideal location as it is in the heart of downtown Ashland surrounded by the city's high exposure business district. Furthermore, the City of Ashland Police Department has established a strong footprint in the downtown corridor to which our citizens have become accustomed. Two additional properties were compared against the Downtown Police Contact Station in an effort to estimate a true fair market value. 1. 88 North Main Street is 1125 sq/ft and is currently available for lease at the following rate: $1.5 sq/ft plus NNN charges estimated at $250 - NNN means the tenant pays towards all taxes, insurance, and common area maintenance expenses, in addition to rent. This does not include any parking spaces. $1.5 x 270 sq/ft (Contact Station sq/ft) _ $405 / plus NNN fee of $250 = $655.00 2. 184 Clear Creek Drive is currently available for lease at the following rate: Suite41 - which includes 330 square feet is available for $699.00 Suite #2 - which includes 250 square feet is available for $600.00 Page I of 2 1 r, CITY OF ASHLAND The Downtown Police Contact Station continues to be a tremendous benefit to the Police Department. Its usefulness is ever-expanding and with the introduction of the Police Cadet Program, in concert with the Park Patrol Officer program, the agency plans to increase its hours of operation significantly. The Contact Station is currently staffed by records clerks on various schedules throughout the work week who welcome citizens with questions about our city. In addition, the Police Department has an officer assigned to the downtown corridor who frequents the station at regular intervals, specifically on weekends. Furthermore, the Contact Station is a major staging area for police services on the 4th of July, Halloween, Festival of Lights and New Years Eve. FISCAL IMPLICATIONS: From FY 2013 through FY 2015, the increase in rent will have a fiscal impact of $8,040, or $4,020 per year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council approve the proposed lease. SUGGESTED MOTION: I move to approve signature of the new lease for the Downtown Police Contact Station. ATTACHMENTS: Proposed Lease for Police Contact Station. Page 2 of 2 ImM LEASE THIS LEASE is made as of the ay of 20L-,~, by and between the Claycomb Charitable Remainder Unitrust, hereinafter refer ed to as "Landlord" and The City of Ashland, a municipal corporation, hereinafter referred to as "Tenant(s)". RECITALS 1. Landlord is the owner of the Plaza Mall, located at 40 North Main Street, Ashland, Oregon and the Claycomb/Block Building, located at 25 East Main Street, 30, 40, and 60 North Main Street, and 10 Water Street, Ashland, Oregon (said Mall, Land and said Building hereinafter referred to collectively as the "Property"); 2. Tenant desires to lease from landlord, and landlord desires to lease to tenant, a certain portion of the property for a term of five (5) years; and 3. In consideration of the above recitals and of the terms, covenants and conditions hereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be bound hereby, tenant and landlord hereby agree as follows: . I. LETTING OF PREMISES AND PAYMENTS 1.1 Premises Covered. Landlord hereby leases and lets to tenant that certain portion of the property consisting of approximately 270 square feet (said portion of the property hereinafter referred to as the "Leased Premises"), in addition to the non-exclusive right to use, but in no event possess, all common areas adjoining the leased premises. Tenant is also given exclusive use of two parking spaces immediately adjacent to the leased space. 1 1.2 Use of Leased Premises. Tenant agrees to use the leased premises for a police substation. Tenant shall not change the nature of such use without landlord's written consent. 1.2.1 in no event shall tenant be entitled to use the leased premises in any way which increases the probability or the occurrence of fire or which increases landlord's expense of obtaining fire insurance as described in paragraph 3.3 of this lease. 1.2,2 Tenant will not make any unlawful, improper or offensive use of the premises; tenant will not permit any objectionable noise or odor to escape or to be emitted from the premises or do anything or permit anything to be done upon or about the premises in any way tending to create a nuisance; tenant will not sell or permit to be sold any product, substance or service upon or about the premises, excepting such as tenant may be licensed by law to sell and as may be herein expressly permitted. 1.2.3 Tenant shall regularly occupy and use the premises for the conduct of tenant's business, and shall not abandon or vacate the premises for more than ten days without written approval of landlord. 1.2.4 Tenant shall comply at tenant's own expenses with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of the premises. These include, without limitation, all laws, regulations, and ordinances pertaining to air and water quality, hazardous materials as herein defined, waste disposal, air emissions and other environmental matters. As used herein, hazardous material means any hazardous or toxic substance, material or waste, including but not limited to those substances, materials, and waste listed in the U.S. Department of Transportation of Hazardous Materials Tattle or by the U.S. Environmental Protection Agency as hazardous substances and amendments thereto, petroleum products, or such other substances, materials, and waste that are or become regulated under any applicable local, state, or federal law. 1.3 Term of Lease. The term of this lease is five (5) full calendar years, commencing on the 1st day of April, 2013 and terminating on the 31" day of March, 2018, unless renewed as provided in paragraph 1.11 below. 2 i I , 1.4 Basic Rent. Rent for the term of this lease shall be payable in advance on the first day of each month (hereinafter referred to as the "Payment Date") during the term of this lease, Including any renewals, in installments of $685.00, commencing with the 1" day of April, 2013 payment date and continuing until the full amount due hereunder is paid. The basic rent shall be adjusted as set forth in paragraphs 1.5,1:6, and 1.7 hereof. 1.5 Tenant's Pro Rata Share of Tax Increases. The basic rent shall be adjusted as of each January payment date during the term hereof, including any renewals, to provide additional rental proportionate to the increase in real property taxes, assessments and other charges levied on the property by any authority (hereinafter referred to as "Landlord Tax Cost"), regardless of whether such I increase resulted from increased valuation, Increased rate of taxation, imposition of special or general assessments, or any other source. For this purpose, landlord's tax cost for the 2012-2013 annual period, which was billed to landlord in October of 2012, shall be the basis upon which increases in landlord's tax cost are determined. Each year during the term hereof, including any renewals, upon landlord's tax cost being billed to landlord, the increase, if any, tax cost for the subsequent annual period, shall be prorated between all tenants on the property. The increase will be calculated by dividing the square footage of the leased premises first, above mentioned.by the then total leased square footage of the property, such figure as of the date hereof being Twelve Thousand Four Hundred Twenty Three (12,423) square feet. The figure thus reached shall then be divided by twelve (12) and the sum thus obtained added to the basic rent payable by tenant to landlord for the twelve (12) payment dates, i beginning with the next January payment date. I 1.6 Cost of Living Adjustments. The basic rent shall be further adjusted as of each January payment date, beginning with the January 2014 payment date, during the term hereof, including any renewals, to provide additional rental proportionate to the increase in the cost of living, based on the Consumer Price Index, All Items, All Urban Consumers, Portland, Oregon (the "Index") published by the Bureau of Labor Statistics of the United States Department of Labor. For this purpose, the First Half 2012 Index shall be the basis upon which the increase in the cost of living is determined. Each year during the term hereof, including any renewals, the basic rent, exclusive of any other adjustments called for hereunder, shall be increased by an amount corresponding to the increase of the index most recently published in that year over the First Half 2012 Index. i 3 I 1.6.1 in no event shall the cost of living adjustment called for in paragraph 1.6 for any annual period exceed FIVE PERCENT (5%). If an increase in rent called for by paragraph 1.6 should exceed FIVE PERCENT (5%), the increase in rent for that annual period shall be FIVE PERCENT (5%) and the increase in rent foregone pursuant to this subparagraph 1.6.1 shall be carried over to, and added to the increase in rent called for by paragraph 1.6 for the next ensuing annual period. If the i increase in rent called for by paragraph 1.6 for that ensuing annual period, plus the increase in ! rent carried over to that ensuing annual period, pursuant to this subparagraph, should also exceed FIVE PERCENT (5%), the increase in rent for that ensuing annual period shall be FIVE PERCENT (5%) and the increase in rent foregone similarly carried over to the next annual period. 1.7 Tenant's Pro Rata Share of Insurance Cost Increases. The basic rent shall be adjusted as of each January payment date during the term hereof, including any renewals, to provide additional rental proportionate to the increase In the cost to landlord of insuring the property as described in paragraph 3.3 of this lease (said cost hereinafter referred to as "Landlord's Insurance Cost"). For this purpose, landlord's insurance cost for 2012 shall be the basis upon which increases in landlord's insurance cost are determined. Each year during the term hereof, including any renewals, upon landlord's insurance cost being billed to landlord, the increase, if any, of landlord's insurance cost for that annual period over I landlord's insurance cost for the 2012 annual period, shall be prorated between all tenants on the taxed property, said. proration to be determined with and calculated by using the method described in paragraph 1.5. In no event shall the monthly rental be decreased pursuant to this paragraph. 1.8 Utilities. Tenant shall be responsible for payment of all utilities and trash pickup service provided to the leased premises. Those utilities which are supplied to tenant in common with'the other tenants f on the property shall be paid for on a prorated basis, according to the ratio that is currently being utilized. Should landlord, pursuant to paragraph 1.2 of this lease allow tenant's use of the leased premises to change in a manner which substantially increases the cost of utilities used by tenant, there shall be a reevaluation of tenant's obligation under this paragraph. Landlord shall include a provision Identical In effect to this paragraph in all leases which he may execute with other tenants on the property. 1.9 Landlord's Right of Inspection. Landlord, or any agents or representatives of landlord, shall have the right to, at all reasonable times, enter upon and Inspect the leased premises. 4 1.10 Payment. Tenant agrees to make all payments called for by this lease before the 7m of the month. I A late fee of $50.00 will be charged for rent payments arriving after the 7th of the month. Payments shall be posted to the landlord at 105 Christy Court, Phoenix, OR 97535, or to such other person or place as landlord may hereafter direct. Checks are to be made payable to Claycomb Charitable Remainder Unitrust (Claycomb CRUT). 1.11 Oution to Renew. If tenant is not and has never been in default of any term of this lease, tenant shall have an option to.renew this lease on the same terms and conditions for one additional extension for a period of five years. In order to exercise this renewal option, tenant must notify landlord of his intent to renew the lease no earlier than one hundred fifty (150) days and no later than sixty (60) days prior to expiration of the initial term hereof. Any renewal option is subject to possible rent increases. 1.12 Termination. Upon the termination of this lease, tenant shall deliver up the leased premises to landlord peaceably and quietly and in as good condition and repair as the leased premises were in or may hereafter be placed in, reasonable wear and use excepted, and, if such termination be pursuant to paragraph 3.5 of this lease, damage from fire or other casualty covered by applicable insurance excepted. Provided tenant is not then in default and has not breached this lease, it is agreed that upon termination of this lease, tenant shall be entitled to remove any fixtures or items of personal property placed on the property, and owned by tenant provided, however, that tenant shall have the duty to repair any damage caused by such removal and provided that such removal shall be performed prior to termination of this lease unless landlord shall have otherwise given to tenant notice of landlord having consented to a later removal. II. MAINTENANCE 2.1 Landlord's Repairs. Landlord agrees to (i) make repairs necessary to maintain the roof and gutters, exterior walls, bearing walls, structural members and foundation of the leased premises; (ii) repair sidewalks and curbs and areas used in common by tenant and other tenants on the property; (iii) repair and maintain exterior water, sewage, gas and electrical services up to the point of entry of same onto the leased premises; and (iv) repair and maintain the heating and air conditioning system within the common area which tenant shares with other tenants on the property. i 5 2.2 Tenant's Maintenance. Tenant agrees to maintain the leased premises in good and clean condition. Tenant further agrees that tenant will maintain a pleasant and aesthetic appearance of the leased premises. Notwithstanding anything in paragraph 2.1 above to the contrary, tenant shall make all necessary repairs of any condition on the leased premises and/or the property caused by tenant's deliberate or negligent act. Tenant agrees not to alter the premises without first obtaining landlord's permission. Tenant agrees not to make any modifications to existing infrastructure Including walls, doors, windows, light fixtures, electrical, or plumbing. Any electrical or plumbing repairs will be performed by licensed and bonded contractors approved by landlord. Tenant specifically agrees to reimburse landlord for the cost of repairing any damage caused by non-adherence to the above limitations. 2.3 Liens and Encumbrances. Tenant shall pay when due all claims for services rendered and materials furnished to tenant in connection with the leased premises and/or the property. Tenant shall keep the property free and clear of all liens and encumbrances of any nature, if tenant fails to pay any such claim or claims or to discharge any such lien or encumbrance, landlord may do so and collect the same from tenant. Any amount so paid by landlord shall bear Interest at the rate of TEN PERCENT (10%) per annum from the date expended by landlord and shall be payable upon demand. Such action by landlord shall not constitute a waiver of any right or remedies which landlord may have on account of tenant's default. Tenant may withhold payment to any person rendering such services or providing such materials in connection with a good faith dispute over the obligation to pay, so long as landlord's property interest is not jeopardized. If a lien is filed as a result of tenant's conduct or lack thereof, tenant.shall defend the same. If tenant suffers an adverse decision in connection with any such lien, tenant will satisfy the same within thirty (30) days and if tenant shall fail to do so, landlord may pay the same as above provided and collect the same from tenant. Any amount so paid by landlord shall bear interest at the rate of TEN PERCENT (10%) per annum from the date expended by landlord and shall be payable upon demand. III. RISK ALLOCATIONS 3.1 Indemnification. Unless caused by landlord's negligence or breach of landlord's obligations as set forth in paragraph 2.1 above, tenant will indemnify and hold landlord harmless from any and all expenses (Including attorney's fees), fines, damages, costs, losses, claims, suits and actions arising out of or in any way connected with the lease and occupancy of the leased premises. 6 k j 3.2 Liability Insurance. Tenant shall continuously maintain during the term of this lease, including any renewals, comprehensive public liability and property damage insurance, with a cross-liability clause of endorsement, Insuring landlord and tenant against all legal liability for damages to persons or property caused by the ownership, possession, maintenance, use or occupancy of the leased premises or by reason of the conduct of any business carried on therein, in amounts not less than the following limits: ! I a. Public Liability $300,000.00 per person $1,000,000.00 per occurrence b. Property Damage $300,000.00 Landlord Claycomb Charitable Remainder Unitrust shall be named as an additional insured In such policy of insurance and a memo copy of the policy acceptable to landlord shall be given by tenant to landlord which shall evidence tenant's compliance with the terms of this section and which shall acknowledge that any notice of cancellation shall be furnished by the insurance company to landlord not less than ten (10) days prior to the effective date thereof. The insurance policy/Certificate of Liability should be endorsed and read as follows: Claycomb Charitable Remainder Unitrust is an/the additional insured. The box marked Certificate Holder should read as follows (all spelled out correctly with no initials): Claycomb Charitable Remainder Unitrust Stefanie Claycomb, Trustee 105 Christy Court Phoenix, Oregon 97535 3.3 Fire and Extended Coverage Insurance. Each of the parties agrees to maintain full fire insurance with extended coverage on the properties owned by the respective parties. Specifically, tenant agrees to maintain coverage to the full insurable value of his inventories, supplies, fixtures and personal property which may at any time be located on the leased premises. Landlord agrees to maintain fire insurance with extended coverage on the property. Tenant shall have no interest in said policy or the proceeds therefrom nor any right to make claim thereon except as expressly provided herein. 3.4 Release and Waiver of Subrogation. Each of the parties hereby releases the other party, his . employees and his successors of any kind, from any and all liability and waives his right to recover against the other party, his employees and his successors of any kind, for any loss or damage to the property resulting from fire, explosion or other casualty enumerated in a standard fire insurance policy with extended coverage, irrespective of whether the limits thereof are sufficient to fully cover such loss 7 1 or damages, and each of the parties hereby waives the subrogation rights of his insurance carriers providing coverage against such loss or damage. Each of the parties further agrees to take any and all steps which may be required to inform his carrier of this provision. and to have endorsements, if necessary, placed on the respective policies of insurance to carry into effect the provisions of this paragraph. 3.5 Damage or Destruction to Property. In the event a portion of the property is damaged or destroyed from any cause, and said damage or destruction exceeds FIFTY PERCENT (50%) of the then replacement value of the property then either party may within thirty (30) days after such damage or destruction, elect to terminate this lease by giving notice to the other. In the event of such an election, this lease shall terminate as of the date of such damage or destruction. In the event the property is damaged or destroyed from any cause, and said damage or destruction does not exceed FIFTY PERCENT (50%) of the then replacement value of the property, landlord shall restore the property to substantially the same condition as it was in immediately before such damage or destruction and this lease shall remain in full force and effect, but only if such restoration can be made under the existing laws and can be completed within ninety (90) working days after the date of such damage or destruction. If said restoration cannot be made in such time, then within fifteen (15) days after the parties determine that such restoration cannot be made in such time, tenant may terminate this lease immediately by giving notice to landlord. If tenant fails to terminate this lease and if restoration is permitted under the existing laws, landlord, at his election may either terminate this lease or restore the property within a reasonable time and this lease shall continue in full force and effect. If the existing laws do not permit the restoration, either party may terminate this lease immediately by giving notice to the other party. 3.5.1 Upon any such damage or destruction, landlord shall have the right to take possession of the property or any portion thereof, including the leased premises, as may be reasonably necessary to the landlord. Tenant agrees to vacate same upon landlord's request. For the period of time between the date of such damage or destruction and until such repairs have been substantially completed, there shall be such abatement of tenant's rent as may be fair and equitable to the parties, considering the use which tenant may be able to make of the leased premises during such period. 3.6 Condemnation. If the whole or any part of the property shall be condemned or taken for public or quasi-public use by an properly constituted authority and the taking is such as to tender the leased premises unsuitable for the further conduct of tenant's business therein, tenant shall be entitled to cancel this lease and receive from landlord any unearned rent paid to landlord in advance. If, despite 8 the taking, any portion of the leased premises is still suitable for the further conduct of tenant's business therein, then this lease shall continue in effect, except only that there shall be such an abatement of tenant's rent as may be fair and equitable to the parties, considering the use which tenant may be able to make of the leased premises subsequent to such taking. The amount of any condemnation award attributable to improvements installed or erected by tenant at his expense or to loss or interference with tenant's business or moving expense shall belong to tenant. IV. DEFAULT 4.1 Default by Tenant. In the event of default by tenant of any obligation to landlord, landlord shall give notice of such default. Tenant shall then cure the default within fifteen (15) days, then landlord, besides other rights or remedies available to him, shall have the immediate right of re-entry and may remove, at the cost and for the account of tenant, all persons and property from the leased premises. Any property so removed by landlord may be stored in a public warehouse or elsewhere at the cost and for the account of tenant. Should landlord elect to re-enter, as herein provided, or should landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, landlord may either terminate this lease or may, from time to time and without terminating this lease, re-let the leased premises or any part thereof for such term or terms (including a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as landlord in his sole discretion may deem advisable. Upon such re-letting, tenant shall pay to landlord, in addition to all sums otherwise due hereunder, all costs and expenses incurred by landlord in connection with such re- letting, Including, by way of example only, (i) any deficiency between the sums payable by tenant to landlord hereunder and sums actually paid to landlord by the person to whom the leased premises were re-let; and (ii) the cost of any repairs which, pursuant to paragraph 2.2 of this lease, tenant was obligated to make. No such re-entry or taking possession of the leased premises by landlord shall be construed as an election on landlord's part to terminate this lease unless a written notice of such intention be given by landlord to tenant or unless the termination hereof be decreed by a court of competent jurisdiction. Notwithstanding any re-letting without termination, landlord may at any time thereafter elect to terminate this lease for such previous default. Should landlord at any time elect to terminate this lease for any breach, in addition to any other remedies he may have, landlord may recover from tenant all damages incurred by such breach, including the cost of recovering the leased premises. 9 f I E I 4.2 Late Payments. As stated in paragraph 1.10, rent is due by the 7" of each month. Rent payments received after the 7t' of the month will be subject to a FIFTY DOLLAR ($50.00) late fee which will be due i immediately and payable by tenant to landlord. Tenant's failure to pay any sums payable by tenant to landlord within five (5) days of when due, shall constitute a breach of this lease. 4.3 Cumulative Remedies. No remedy set forth in Article IV shall be deemed to be landlord's exclusive remedy. Landlord shall at all times have such other and further rights and remedies as may be available to landlord either at law or in equity, Including, but not limited to, the recovery of future rents immediately, without waiting until the date fixed for expiration of the term of this lease. V. MISCELLANEOUS PROVISIONS 5.1 Assignment of Sublease. Tenant shall neither assign nor sublease any portion of the leased premises without first obtaining the written consent of landlord, which consent shall not be unreasonably withheld. Any attempted assignment or sublease in violation hereof shall be void and constitute a breach of this lease. 5.2 Joint and Several Obligations. Each and every obligation of tenant set forth in this lease shall be the joint and several obligation of each individual and/or entity, as the case may be, executing this lease as tenant. I 5.3 Entire Agreement. This lease contains the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto relating to the subject matter of this lease which are not fully expressed herein. I 5,4 Governing Law. This lease shall be construed in accordance with, and governed by, the laws of the State of Oregon. 5.5 Attorney's Fees. In the event that either party hereto shall commence any arbitration (if arbitration is consented to by the parties), legal action or proceeding, including not by way of limitation an action for declaratory relief, against the other by reason of the alleged failure of the other to perform or keep any term, covenant or condition of this lease by him to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to his court costs, a 10 reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fee at trial, for arbitration, and on appeal, if any. 5.6 Construction. Whenever used herein, the singular number shall include the plural, and the plural number shall include the singular, and all words used in any gender shall extend to and include both genders. 5.7 Agreement to Perform Necessary Acts. Each party to this lease agrees to perform any further acts and to execute and deliver any documents that may be reasonably convenient or necessary to carry out the provisions of this lease. - 5.8 Amendments. The provisions of this lease may be altered, amended or repealed, in whole or in part, only on the written consent of all parties to this lease. 5.9 Successors and Assigns. All of the provisions hereof shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors, and assigns, subject to the limitation on assignment or transfer otherwise herein contained. 5.10 invalidity. If any term, covenant, condition or provision of this lease is held by a court of competent jurisdiction to be Invalid, void or unenforceable, the remainder of the provisions hereto shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 5.11 Subsumed Obligation. In the event that any portion of a provision or covenant contained in this lease is held unreasonable or unenforceable in an unappealed final decision to which both parties are bound, by a court or agency having valid jurisdiction, the applicable party expressly agrees to be bound by each lesser covenant imposing the maximum duty permitted by law that is subsumed within the terms of such promise or covenant, as if it were separately stated in and made a part of this lease. 5.12 Captions. The captions of articles and paragraphs of this lease are for reference and convenience only and are not to be construed in any way as part of this lease to explain, modify, amplify or aid in the interpretation of the lease. 5.13 Time of Essence. Time is of the essence in the performance of each provision of this lease. 5.14 Interest on Money Due. Any sum accruing to a party under the provisions of this lease which are not paid when due shall bear interest at the rate of TEN PERCENT (10%) per annum from the date written notice specifying such non-payment is given to the defaulting parry until paid. 11 i i 5.15 Agency. Nothing contained in this lease shall be deemed or construed by the parties hereto or by a third person to create the relationship of principal and agent or of partnership or of joint venture or of any other association. 5.16 Extensions. All references to the term of this lease shall include any extensions or renewals of the initial term. 5.17 Waiver. Any waiver of landlord in enforcing any of the terms and conditions hereof shall not constitute a waiver of landlord's right to insist upon strict compliance with such terms and conditions in the future. 5.18 Notices. All notices, requests, demands, and other communications under this lease shall be writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice Is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, return receipt requested, postage prepaid, and properly addressed as follows: To Landlord: Claycomb Charitable Remainder Unitrust Stefanie Claycomb, Trustee 105 Christy Court Phoenix, Oregon 97535 To Tenant: City of Ashland Police Department 1155 East Main Street Ashland, Oregon 97520 The address for such notices may be changed by notice given in accordance herewith. THE PARTIES HERETO have executed this lease on the dates set forth below. i TENANT(S) By: Dated LANDLORD 8y: Dated i I i i 12 3 CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Liquor License Application for Anna Hogan dba Salame FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Anna Hogan dba Salame at 47 N Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in ownership/name. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Anna Hodge dba Salame at 47 N Main Street. ATTACHMENTS: None Page 1 of I ~r, CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Liquor License Application for Kjae Nam dba Umi Sushi FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Kjae Nam dba Umi Sushi of Ashland, Inc. at 29 N Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Kjae Nam dba Umi Sushi at 29 N Main Street. ATTACHMENTS: None Page I of 1 ~r, CITY OF ASHLAND Council Communication March 19, 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 second reading of the ordinance adopting an updated Transportation System Plan (TSP) originally was scheduled for the March 5 meeting, but was postponed to the March 19 meeting. The TSP is Exhibit B to the ordinance. The TSP was revised after the first reading to incorporate recommended revisions by the Planning Commission, as well as to address testimony regarding the future street connection between Wimer St. and Ashland Mine Road. The Planning Commission's recommended revisions were referenced in the February 5 Council Communication and, included in the record for the Council public hearing, and the recommendation as well as the future street connection between Wimer and Ashland Mine Rd. were covered in the February 5 staff presentation. Additionally, a list of the TSP revisions is attached. The ordinance has been revised in Sections 2, 3 and 4 to make clear that Exhibits A, B and C though referenced in the ordinance, are external to it and need not be fully incorporated in the wording of the ordinance. Upon enactment of the ordinance, the version of the TSP, which is Exhibit B, will become "adopted" as required by state land use statues and may be thereafter modified only by means of a subsequent ordinance. Likewise, Exhibits A and C will be adopted upon enactment of the ordinance will be subject to change only by ordinance. The ordinance with the revisions shown in strikeout and bold is the final attachment to this communication. BACKGROUND 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 the amended Street Dedication Map at the February 5 meeting. The Council approved the findings for the TSP at the March 5 meeting. 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 Page I of 2 lr, CITY OF ASHLAND and medium priority projects, studies and programs that can be considered reasonably likely to have funding in the 25-year planning period. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving second reading of the ordinance adopting the TSP and the amended Street Dedication Map. SUGGESTED MOTIONS: I 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 the amended 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. Revisions to Ordinance for Second Reading 6. Revisions to TSP for Second Reading 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 dele iens and additions to the code sections being modified. Deletions are bold tined-thfough and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975). 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 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 is hereby added to the above-referenced Appendix to support Chapter X, [TRANSPORTATION ELEMENT] the Comprehensive Plan. Ordinance No. Page 2 of 3 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. 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 2013. 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 ter X Tirans ortation the fpllowino reports are adopted by reference as a supporting document to the Ashland Comprehensive Plan 0hapter X. Tiransportation. l1WA'§H Tiransoortation System Plan Hmonth120 31 by Ordinance # on fdatel ChapterXll, 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. City of Ashland Transportation System Plan Update October 2012 .q 4 11I 1 % a T - I_ +Nevi asr 'F AS's 1 -Eu4vA~,fsf t.eexnl~oAffoooNVUe r n.•i 1 1 - - 1 ~1 I ` 13 na= Efl~• .,p.tt y L ~ + i i t nEDCTIDC 0N' m t~• N l i F hl E - 1 1 1 iI 1 ANN:. 7 +y I i it o " t 1 I N.M ST t.... -Mi-t•.....~. .J t- F I - ' 1 I I • I 1 EIFrt Sd'I St I Eij0.5Cr_- 1 1 o t.. I ,1•~~ t -1 - W I 1 T~, r T I t II♦ r 1 L.. I y.. i 1 r 1 a I ~ 1 n ft . S o I UL 9T 3 1 I V. V t- r I I f I 5' ` 1 1 i 1 ff jr. I, 11-H ILL IW CT G,6N q\ a \ ' Sources: USGS, ESRI, TANA, AND a r J Q ti - o - Interstate Planned Boulevard I- - City UGB Q -Boulevard Planned Avenue City Limits Figure Avenue Planned Neighborhood Collector -NeighborboodCollector Planned Neighborhood Street Street Dedication Map - Shared Street Special Transportation Area Designation o' 0 m Neighborhood Street Urban Business Area Designation r 0 s z Revisions to Ordinance made for Second Reading: made after first reading and public hearing of February 5, 2013 SECTION 2. The City of Ashland Comprehensive Plan Appendix entitled "Technical Reports and Supporting Documents" is attached hereto 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 pert hereof by this referenee is hereby added to the above- 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 . Revisions to TSP for Second Reading made after Public Hearing and First Reading on February 5, 2013 Paec 2 to address Planning Commission (PC) condition #1) In addition to developing the 2034 TSP to be aligned with the community's values, it also meets the state requirements for a TSP and acts as a resource for staff, decision makers, and the public. It represents two years of hard work and collaboration among City staff, Transportation Commission, Planning Commission, City Council, Chamber of Commerce, Technical Advisory Committee and community members. The 2034 TSP is the principal document for identifying the function, form, and location of future transportation facilities, directing resources to transportation projects, and providing the community with the level of investment that will be needed to support anticipated development within the community. It also serves as the *-"BSPOFt".:^° element, and as a supporting document of the Ashland Comprehensive Plan as required by state law. Page 7 (to address PC condition #2) It should be noted that population estimates shown in Exhibit 2-3 are for informational purposes only. Population estimate have been updated since 2009 when the TSP project bean as shown below. (Ashland Population Projections chart inserted) Ashland Population Projections 30000 i ! ! 1 ! Illl i ! ~ II 11 III!! 1~ I lli ! ~ - Z'WO llll ! I1 11!1111 ill!Illlll!II!II!I I1~I!IIII!Il~lllli!i1!±-"-"~~~ 25OW ll~llllll~ll~lll~lllll ~~I1'I~I! I;II, ~llllii'"'""~ :~~i~i II ~I~~~►~1!IIIl111 22,540 I!I! Illlill~illl llllllllli i+!~!_ = rii!(I!IIIIIIII!!ill 111111! ,r Il,iI111llII!III!!!Iil!;t.~i"VIII,Iliilllllllllilli;l!Illiillllll 11111;11111'll!III111,111I!I!lii!i!il!i !Ilil 1llllli111!111!1!I!!iil!lil;!II!llli!!ii ,ZNO 71iliiI111!IIIi`I1it IONO 1!f!Ili!IIIII!II!lllllllllll!Ili!11IIllllli!il;llll!IIII!i!I!llil etorc o wnw n roecuon As a r tan s,ve E 1 Page 9 (to address PC condition 43) Population Density maps updated to be "2000 Population Density" and "2010 Population Density" (Previously was "1990 Population Density" and "2000 Population Density" maps) Page 35 (to address PC condition #1) • Ashland Comprehensive Plan: The Comprehensive Plan was is the bedrock of goals, policies, and land use designations for updating the TSP. It provides clear policies and criteria for evaluating transportation improvements, transit corridors, and any land use concepts for pedestrian nodes and locations for increasing density. Page 88, to address PC condition #5) Map legend corrected so that green line streets are labeled "Neighborhood Collector" (the legend incorrectly labeled the streets "Neighborhood Street" previously) Page 95 (to address PC condition #4) PEDESTRIAN FACILITY TYPES The Ashland Street Standards guidebook provides information related to pedestrian facility types within Ashland. including minimum requirements for sidewalks and multi- use paths. All existing and planned pedestrian facilities should be consistent with these requirements. The following designations are used throughout the TSP to describe the City's pedestrian facilities. These designations and definitions are consistent with the Oregon Bicycle and Pedestrian Plan (OBPP). Sidewalks -Sidewalks are located along roadways, are separated from the roadway with a curb and/or planting strip, and have a hard, smooth surface, such as concrete. The City standard for sidewalk width is 6 to 10 feet on arterial and collector streets, with wider sidewalks required in areas of high Pedestrian activity, and S feet on local streets. Tke odth of 5 feet ptab'- 9tFPPtq The unobstructed travelway for pedestrians should be clear of utility poles, sign posts, fire hydrants, vegetation and other site furnishings. Multi-Use Paths - Multi-use paths are used by a variety of non-motorized users, including pedestrians, cyclists, skaters, and runners. Multi-use paths may be paved or unpaved, and are often wider than an average sidewalk. In circumstances where peak traffic is expected to be low, pedestrian traffic is not expected to be more than occasional, good 2 passing opportunities can be provided, and maintenance vehicle loads are not expected to damage pavement, the width may be reduced. The City multi-use oath standard is 6 to 10 feet in width, depending on type of path (e.g. short neighborhood connector. unpaved trail. longer greenway type path) and the volume of non-motorized traffic. Roadway Shoulders -Roadway shoulders often serve as pedestrian routes in many rural Oregon communities. On roadways with low traffic volumes (i.e., less than 3,000 vehicles per day), roadway shoulders are often adequate for pedestrian travel. These roadways should have shoulders wide enough so that both pedestrians and bicyclists can use them, usually 6 feet or greater. FeqUiFeFneRts Pace 103-104 to address PC condition #4) BICYCLE FACILITY TYPES The Ashland Street Standards guidebook provides information related to bicycle facility types within Ashland, including the minimum requirements for bicycle lanes and multi-use paths. All existing and planned bicycle facilities should be consistent with these requirements. The following designations are used throughout the TSP to describe the City's bicycle facilities. These designations and definitions are consistent with AASHTO and OBPP. The purpose of having multiple bicycle facility types is to provide a multi-level cycling system that caters to different types of cyclists ranging from novice to experienced riders. In general, bicycles are allowed on roadways in the City of Ashland regardless of the presence or type of bicycle facility on the roadway. Shared Roadway / Signed Shared Roadway -Shared roadways include roadways on which bicyclists and motorists share the same travel lane. This is the most common type of bikeway. The most suitable roadways for shared bicycle use are those with low speeds (25 mph or less) or low traffic volumes (3,000 vehicles per day or fewer). Signed shared roadways are shared roadways that are designated and signed as bicycle routes and serve to provide continuity to other bicycle facilities (i.e., bicycle lanes) or designate a preferred route through the community. Common practice is to sign the route with standard Manual on Uniform Traffic Control Devices (MUTCD) green bicycle route signs with directional arrows. The OBPP recommends against the use of bike route signs if they do not have directional arrows and/or information accompanying them. Signed shared roadways can also be signed to highlight special touring routes orto provide directional information in bicycling minutes or distance (e.g., "Library, 3 minutes, 1/2 mile"). Shoulder Bikeway -These are paved roadways that have striped shoulders wide enough for bicycle travel. ODOT recommends a 6-foot paved shoulder to adequately provide for bicyclists, and a 4-foot minimum in constrained areas. Roadways with shoulders 3 less than 4-feet are considered shared roadways. Sometimes shoulder bikeways are signed to alert motorists to expect cyclists. Bicycle Lane -Bike lanes are portions of the roadway designated specifically for bicycle travel via a striped lane and pavement stencils. 1......:.. G 9- TL^ Width of ^ L:,...,.1^ 1......... .rl... ^d: -.....A W ^ aAiA . siWatinnq Bike lanes are most appropriate on arterials and major collectors, where high traffic volumes and speeds warrant greater separation. The City standard width for a bicycle lane is 6 feet. Multi-Use Path - Multi-use paths are used by a variety of non-motorized users, including pedestrians, cyclists, skaters, and runners. Multi-use paths may be paved or unpaved, and are often wider than an average sidewalk. In circumstances where peak traffic is expected to be low, pedestrian traffic is not expected to be more than occasional, good passing opportunities can be provided, and maintenance vehicle loads are not expected to damage pavement, the width may be reduced. The City multi-use oath standard is 6 to 10 feet in width, depending on type of path (e.g. short neighborhood connector, unpaved trail, longer greenwav Woe path) and the volume of non-motorized traffic. Bicycle Boulevard - Bicycle boulevards are an adaptation of shared roadways that modify local streets to allow the through movement of bicycles whilst maintaining local access for automobiles. Bicycle boulevards typically include bicycle route signage and pavement markings and often feature traffic calming to slow vehicle speeds and provide a more comfortable environment for cyclists. r^ Pages 123 and 136 to address Wimer/Ashland Mine Rd. public hearing testimony) page 123 notation added to Street Dedication Map: "The exact location of the street will be refined at the time of annexation." page 136 notation added to Planned Intersection and Roadway Projects: "The exact location of the street will be refined at the time of annexation." Pase 137 to address PC condition #6) Description for (R22) New Roadway (B) in Table 103 Preferred Plan Intersection and Roadway Projects edited as follows: "Construct a New Roadway from Clay Street to Tolman Creek Road consistent with the IAMP Exit 14 Access Management on Ashland Street (OR 66) if and when Tolman 4 Creek Manufactured Park is redeveloped. The location of the connection shall be determined at the time of redevelopment of the manufactured home park." Page 138 (to address Wimer/Ashland Mine Rd. public hearing testimony) Description for (R31) New Roadway (B) in Table 103 Preferred Plan Intersection and Roadway Projects edited as follows: "Extend Wimer to Ashland Mine Road. The exact location of the street will be refined at the time of annexation. Page 139, (to address PC condition 47) Description for (R44) New Roadway (B) in Table 103 Preferred Plan Intersection and Roadway Projects edited as follows: "Widen and reconstruct sidewalks with street tree, stormwater planters and bus shelters consistent with the Croman Mill District standards." 5 CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Economic Development Strategy Update FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY The Council Adopted an Economic Development Strategy in July of 2011, which included seven primary objectives containing a number of implementing actions. These actions were grouped into Priority 1, 2 and 3 actions. Also included in the Plan was an annually scheduled update to the objectives and to the prioritization and implementation of the plan actions. With the completion of much of the work on the priority one actions, Staff is providing an annual review and presenting a proposed update to the plan to guide the next phase of implementation. BACKGROUND AND POLICY IMPLICATIONS: The Economic Development Strategy began as a Council goal in 2009 with a stated charge of: • Diversifying the economic base of the community • Supporting creation and growth of businesses that use and provide local and regional products • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors An ad-hoc Economic Development Committee was appointed by the Mayor to create a working strategy document that would guide City economic development related activities and funding in the following years. A variety of stakeholder groups were represented on the Committee as well as in the nine topic based focus groups. Several open houses and an online survey were also utilized to solicit public feedback. The six priority one actions identified in the final document included the following: 1.1 Conduct a targeted Business Retention and Expansion (B,R&E) survey 1.2 Designate City Staff "point of contact" for economic development needs/projects/interactions 2.1 Formalize relationships and roles for Ashland specific strategy implementation among major partners 3.1 Maximize impact of existing City Economic Development/Cultural Grants Process 6.1 Evaluate the use of Urban Renewal Districts to spur private reinvestment in targeted commercial and employment areas of Ashland 7.1 Improve the Land Use Development Process Page 1 of 3 rr, CITY OF ASHLAND Staff has summarized the current status of each of these action items in the attached annual review. With the completion of many of the priority one actions, the upcoming biennial budget process and the results of the B,R&E, an update to the Strategy document is needed. The attached 2013-14 Strategy Update incorporates several minor suggestions to the original 2009 Council goal that formed the scope of the plan. Aside from those suggested additions (highlighted in yellow), the draft Plan update focuses exclusively on revising and reprioritizing the remaining actions based on feedback and input from the B,R&E and draft 2013 Council goals, as well as staff and the Mayor's interactions with the City's economic development partners and other local stakeholders. FISCAL IMPLICATIONS: The plan update will form the basis for the Economic Development Program budget that will be presented to the Citizen's Budget Committee in May for approval. Draft Priority One Actions Estimated City Cost (FY 2013-14) 7.1 Improve the Land Use Development Process - Incorporates actions 7.2 and 7.3 Comm Dev (Staff time) 2.1 Formalize relationships and roles for Ashland specific strategy implementation Econ Dev (Staff time) among major partners 2.2 Create formal and routine communication with all regional economic development Econ Dev (Staff time) partners 3.3 Create a coordinated economic development information and marketing plan to $50,000-$70,000' maximize public communication tools 6.4 Pursue the expansion of a State E-Commerce Zone for Ashland 111 Econ Dev (Staff time) 6.5 Evaluate land availability for business expansion on lands on or adjacent to Comm Dev/Econ Dev existing businesses (Staff time) 1.5 Assist local businesses in energy, water, waste, supply chain reductions and $10,000 efficiencies 4.2 Develop, promote, and expand job training programs to meet skill needs Initial workplan proposed to identified by local business be developed by City Jobs Commission/Jobs Advisory 1.4 Create/Expand a local business resource & mentoring program Board with specific implementation to follow 4.1 Develop/expand programs to conned local education partners with business community for experience and exposure to entrepreneurship, business development $10,000 & operations * Contains multiple projects relating to information/data/marketing. See draft plan update for detail Page 2 of 3 ~r, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council review the proposed plan update and discuss the following for potential staff direction and follow up: • Are there Strategy objectives that need to be added or removed? • Are there implementation actions that need to be added or removed?** • Are there changes needed to the priority levels of individual actions? • Are the proposed funding levels appropriate? * Mayor Stromberg has proposed the inclusion of an eighth strategy objective - "Cultivate a culture of innovation throughout the community to connect and energize the creative process in business, public sector organizations, the arts, environmental enterprises, education, health, personal and spiritual development" As part of the proposed eighth strategy, Mayor Stromberg has proposed the inclusion of several supporting actions 1) Initiation of an annual City Council/Parks Commission Goals meeting 2) Mayor participation in the statewide Mayors for School Kids advocacy formed by Portland Mayor Charlie Hales 3) Formation of a visitor contribution program with the National Forest Foundation in support of the Ashland watershed and the Ashland Forest Resiliency project Upon final approval, the Strategy Update document will be added to the original Plan as an appendix or attached exhibit. SUGGESTED MOTION: I move to accept the Economic Development Strategy Annual Review and the 2013-14 Economic Development Strategy Update. ATTACHMENTS: Draft Economic Development Strategy Implementation Plan - Annual Review & Update Adopted 2011 Economic Development Strategy - www.ashland.or.us/strateev Page 3 of 3 CITY OF ASHLAND Economic Development Strategy Implementation Plan Annual Review &~Updafe ~ ' ~ Mara, 203" In conjunction with the adoption of the Economic Development Strategy in July of 2011, the Council requested implementation updates on a quarterly basis as the project moved from strategy development and adoption to active implementation. An annual review and update of the strategy document and implementation plan was added (see pg 26 of adopted strategy document) as a seventh priority one action by Council at that meeting to recognize the ever- changing economic climate and the need to maintain flexibility and adaptability within the plan. Additionally, the outcomes and insight gained with the Business Retention and Expansion Survey provided input for some minor adjustments to the prioritization of the implementation schedule and potentially more specific focus and detail to the initial actions of the plan. This update includes an annual review section summarizing the implementation of the priority one actions, as well as other activities by either the City or its partners that relate to other actions listed in the Strategy. Also included is a draft 2013-14 Strategy Update that is attached in full for Council review for inclusion as a companion document (attachment, exhibit, etc) to the Strategy document that updates the plan focus and implementation priority for the upcoming fiscal year. 1. Conduct a Business Retention & Expansion Survey (1.1) In June of 2011, the City Council contracted with the Chamber of Commerce to conduct a Business Retention & Expansion (B, R & E) Survey targeted to local businesses that meet business attributes and profile established in the Strategy. The survey results were presented to Council in June of 2012 and provided detailed information on the local business climate and potential areas of focus for the City, the Chamber and other local and regional partners to support and assist in the expansion of the local economy. City Staff have met with several of the businesses that expressed concern regarding regulatory constraints for business expansion which has created productive dialogue and clarification of code issues, some of which have already been addressed through a code amendment and others are being incorporated into the Community Development Departments Unified Code Project. This effort coincides with work being done in priority action number six "Improve the land use development process (7.1), as well as related priority two actions 7.2 and 7.3. Many of the survey respondent's concerns and suggestions for business services and resources have been reviewed by both Chamber and City staff and utilized as primary source in the drafting of the 2013-14 Strategy Update summarized on page four of this document. Complete survey results can be found at www.ashland.or.us/2012BRE ECOILornk DEVELOPMENT STRATEGY Enhancing economic strength in community 2. Designate City Staff "point of contact" (1.2) The responsibility and oversight of the on-going implementation of the Economic Development Strategy has been returned to the office of the City Administrator. The City Staff "point of contact" will be Adam Hanks, who will coordinate both internal and external activities and actions on behalf of the City Administrator. 3. Formalize relationships and roles for Strategy implementation among major partners (2.1) Because implementation of the Strategy is heavily dependent on the results of the B, R & E survey as well as relationship building with the now designated City Staff "point of contact", work on this action has been limited to informal discussions between staff of the various major partners. This action is a key component of the implementation plan update for the upcoming fiscal year. 4. Maximize impact of existing City Economic Development, Cultural and Sustainability grant process (3.1) Council approved an Economic Development, Cultural and Sustainability Grant Policy, Process and Standards document in October of 2011. The policy more closely aligns the grant criteria to the Economic Development Strategy, while also improving the overall process and reporting requirements. The Council completed a review of the policy and its use in the 2012-13 grant allocation process in October of 2012 and maintained the general structure for its continued use in 2013-14 and beyond. 5. Evaluate the use of Urban Renewal Districts (6.1) A feasibility study for urban renewal and tax increment financing was presented to the Council at a study session in July of 2011. At the June 18, 2012 study session, the Council decided not to support pursuing an urban renewal district at this time, but indicated tax increment financing could be considered as a potential tool in the future. Concerns raised included the administrative costs of an urban renewal program, impacts to overlapping taxing districts including the City, inability of a program to fund all projected infrastructure and public facility costs in the East Ashland study area, and uncertainty in assessed values because of the recession. 6. Improve the Land Use Development Process (7.1) Community Development staff presented Council with a detailed update on this priority one action of the Economic Development Strategy in January of 2012, as it parallel's an existing Council goal to: Increase the clarity, responsiveness, and certainty of the development process. Develop a specific action plan to respond to the recommendations of the 2006 Zucker and Siegel Reports. Community Development staff have categorized their efforts around three primary areas: 1) Development Application Processing Recommendations (Zucker Report) 2) Land Use Ordinance Improvements (Siegel Report) 3) Improvements to Internal Coordination of the Development Process The Planning Commission will complete its review of the first draft of the Unified Land Use Ordinance by April 2013. In part, the Unified Land Use Code update will address actions described in the Economic Development Strategy. Specifically, the restructuring of the land use code is intended to 2 ` EConorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community compliment other city efforts to "increase the clarity, responsiveness, and certainty of the development process". Additionally, Phase II of the code update will explore ideas for expedited project review and examine other incentive based criteria potentially linked to encouraging a certain number of jobs per acre, a target family wage per job or other economic development related benchmarks as identified in action 7.2 . After the Planning Commission's review, the general public, advisory commissions, past applicants and design professionals will be invited to informal public meetings to seek further input on the draft code. The project web site can be viewed at www.ashland.or.us/unifiedcode Other Strategy Related Activities While the priority one actions have been the focus of Staff efforts, a variety of other actions listed in the Strategy have had recent activity from either City Staff or our community partners, such as: 1.3 - Increase opportunities for local import substitution and local to local purchasing THRIVE, with assistance from the City of Grants Pass, launched an online local business directory, BuyLocalRogue.org for local businesses to register their products and services by category to increase the opportunity for local to local purchasing, both between local businesses and for end consumer purchasing. 1.4 - Create/expand a local business resource & mentoring program The Sustainable Valley Technology Group was the recipient of City Economic Development grant funds to provide business mentoring and incubation services to up to eight Ashland businesses during the 2011-12 fiscal year. 2.2 - Create formal and routine communication with all regional economic development partners City Staff have participated with regional economic development partners recently as part of a developing regional emphasis from Jackson County, as they have increased their efforts towards economic development and share the desire to develop a consistent process for communications between regional partners in economic development activities in the region. 5.1 - Maximize City funded marketing efforts targeted for "year-round" tourism In coordination with the Chamber of Commerce and the Visitors and Convention Board (VCB), the annual Agreement for Services was updated for FY 2011-12 to include more specific service tasks and required reporting relating to increasing "year-round" tourism, including the development and implementation of a specific strategy based on recent Chamber research on local visitor behavior and other best practices in the VCB industry. 5.3 - Develop a capital improvement plan and maintenance strategy for the Plaza and downtown Plaza redesign/upgrade - In August of 2012, Council approved the final design and directed Staff to move forward with construction bids for the redesign of the Plaza. The project was bid in December of 2012, with construction commencing in late December and currently underway with an expected completed date of late March 2013. Trash can replacement - Trash cans throughout downtown were replaced in late 2012 with upgraded black metal containers with lids concealing the trash and mitigating unauthorized use. 3 ` EConoxniC DEVELOPMENT STRATEGY Enhancing economic strength in community I 6.2 - Complete and maintain publicly accessible real-time online buildable lands inventory Community Development Staff recently completed a comprehensive update to the Buildable Lands Inventory (BLI) and have provided access to the data on the City's website. Creating and maintaining database connections to land use development permits (planning approvals and building permits) and the City's Geographical Information System (GIS) will result in continuously updated BLI data available for City staff and the general public. 6.4 - Pursue the expansion of a State E-Commerce zone for Ashland As a critical and required precursor to the potential for an e-commerce zone overlay, a significant portion of employment lands in the southeast Ashland area were included in the Jackson County enterprise zone. The inclusion was approved by Council in August of 2012 and was ultimately approved by the Jackson County Board Of Commissioners in February of 2013. Work is underway in attempting to secure the e-commerce overlay to this area as well. 4 ` EconorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community 2U1~3-14 Strategy Update With the results of the business retention and expansion survey in hand, four of the six priority one actions complete and one well into its development and review phase, a more comprehensive review of the Strategy document as a whole is needed to maintain focus and productivity towards the overall strategy goals and objectives. The original strategy broke the strategy down into three primary areas: The Task, The Questions, & The Plan. The Task The task remains essentially unchanged, but for a few proposed additions to enlarge the scope of the composition and impact of the next group of recommended implementing actions. Develop and implement a comprehensive economic development strategy for the purpose of: Diversifying and xeand panding the economic base of the community • Supporting creation and growth of businesses and nomprofiVpublic sector'organizations that use and provide local and regional products and seryices • Increasing the number of family-wage jobs in the community • Leveraging the strengths of Ashland's tourism and repeat visitors Inclusion of non-profit and public sector organizations alongside the more common focus of "business" is intended to recognize the ability of many non-profit and public sector groups to contribute as a traded sector participant in the local economy, bringing "outside money in" by exporting their services to others outside the region, importing wealth in the form of grant funds that benefit the local economy in a number of ways and often paying wages at or above the regional median levels. The innovative partnership between the City of Ashland, the US Forest Service, Lomakatsi Restoration Project and the Nature Conservancy is a prime example of the impact of non-profit and public sector organizations in the local economy. The Questions The strategy development committee went through significant effort to answer the following key questions that helped shape the final plan: • What is economic development? • How is our economy different? (Advantages) • What is working for us now? (Strengths) • What is not working? (Weaknesses) • What do we want? (Vision) • How do we get there from here? (Strategy) As various staff, local partners and Mayor and Council reviewed the results of the Business Retention and Expansion (B,R & E) survey, much of the survey responses were consistent with the committee answers to these questions. 5 ` EConorniC DEVELOPMENT STRATEGY Enhancing economic strength in community As expected the B,R & E survey was a critical first implementation step that resulted in detailed statistical analysis of the current local economic climate and most importantly provided feedback and prioritization of specific actions, activities, services or resources our local business community needs and values to survive, thrive and grow. While the first five questions are important, the key question of "How do we get there from here?" really forms the basis for the task of updating "The Plan" Before moving into specific strategy objectives, four focused target business types were identified along with a business profile. They include: • Existing businesses in the community with a commitment to operating their business and living in Ashland • Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc • Businesses that produce specialty and value added goods or services with a market beyond our local economy • Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. To incorporate the traded sector value of local non-profit and public sector organizations, the term businesses should be defined to reference the inclusion of non-profit and public sector organizations or be added to each of the four targets as well. The business profile seems to remain a good match to the types of businesses that the plan is intended to focus its efforts and has no differentiation between business and non-profit/public sector. The Plan The final strategy document contained the following seven objectives: • Assist local existing and emerging business stabilize and grow • Improve long term coordination and collaboration with local and regional economic development partners • Increase availability of investment capital for local businesses • Provide local educational & technical skills development to match local business workforce needs • Increase tourism in the fall, winter and spring and diversify the types of events and activities promoted • Provide appropriate land supplies for needed business growth/expansion with quality infrastructure to all commercial and employment lands • Manage the physical development process to ensure understandable requirements with timely and predictable results while safeguarding and improving the quality of the environment and the community Implementing actions were built to accomplish each of the seven objectives. In reviewing the original prioritized action list along with the results of the B,R&E and various meetings and discussions with 6 ` EConoMiC DEVELOPMENT STRATEGY Enhancing economic strength in community local business and economic development partners, the following updated priority list addresses the concerns, requests and desires of most. Each of the original actions contained a description providing additional details of tactics, tasks and projects to successfully accomplish the action. With the benefit of the additional review and input, the descriptions of the recommended new priority one items have been revised to assist with final funding, timeline, City staff and partner involvement needs as well as to most closely match the needs of the local economy. Priority 1 Actions (10 items) 7.1 Improve the Land Use ❑ City City Comm Dev budget Development Process -Incorporates (Staff lime) actions 7.2 and 7.3 2.1 Formalize relationships and roles .r BizOR, Chamber, City, City/SOREDI Econ Dev budget for Ashland specific strategy I JackCo, SOREDI, SOU, (staff time) implementation among major RCC, SBDC, THRIVE partners 2.2 Create formal and routine ❑ BizOR, Chamber. City. City/SOREDI Econ Dev budget communication with all regional JackCo, SOREDI, SOU, (staff time) economic development partners RCC, SBDC, THRIVE 3.3 Create a coordinated economic BizOR, Chamber, City, Chamber/City Econ Dev/Admin development information and SOREDI, SOU/RCC budget (staff time) marketing plan to maximize public communication tools 6.4 Pursue the expansion of a State ~I BizOR, Chamber, City, City/SOREDI Econ Dev/Admin E-Commerce Zone for Ashland I JackCo, SOREDI budget (Stall time) City Comm Dev budget 6.5 Evaluate land availability for ❑ City business expansion on lands on or (StaN time) adjacent to existing businesses 1.5 Assist local businesses in energy, ❑ City. Chamber CiIY Econ Dev Budget water, waste, supply chain reductions Conservation (Staff and efficiencies time) 4.2 Develop, promote, and expand * Chamber, City, , Job City/Chamber/Job /Chamber/Job Econ Dev Grant or job training programs to meet skill Council, SOREDI Council contract needs identified by local business 1.4 Create/Expand a local business ,t Chamber, City, , City/Chamber/Job /Chamber/Job TBD resource & mentodng program SOU/RCC-SBDC Council 1 ~ 4.1 Develop/expand programs to q * ASD, SOU/RCC, City/Chamber/Job Econ Dev budget connect local education partners with I Chamber, Job Council, Council/ASD (staff time) business community for experience 7 ` EConorniC DEVELOPMENT STRATEGY Enhancing economic strength in community and exposure to entrepreneurship, SOREDI. City 0 business development & operations Proposed to be directed to Council Goal concept of Jobs Commission/Jobs Advisory Board to review existing resources and develop actions to maximize existing resources or develop new resources specifically for Ashland employers and current/future potential employees. 7.1 Improve the Land Use Development Process City This action is one of the original priority one actions and remains in progress towards meeting the objective of improving the land use development process. As the Community Development Staff have progressed through their participation in the B,R&E survey as well as surveys to their own customers, many of the issues are being addressed through the Unified Land Use Code project. The Unified Code project objectives are to make the code clear, consistent, concise, adaptable and user-friendly, while also improving internal City department communication and coordination particularly on larger and more complex development projects. Phase II of the project is intended to address issues raised in action items 7.2 and 7.3, which state: • 7.2 - Create incentives for development applications that meet certain pre-defined economic development eligibility criteria 7.3 - Consider changes to Land Use Development Code that may be inhibiting redevelopment or new construction 2.1 Formalize relationship and roles for Ashland specific BizOR, Chamber, strategy implementation among major partners (city of City, JackCo, Ashland, Chamber, Jackson County, SOREDI, Business Oregon, Job SOREDI, SOU, RCC, Council, etc) SBDC, THRIVE With the responsibilities for the coordination and on-going implementation of the Economic Development Strategy and related activities resolved with its placement in the City Administrator's Office, this action will be given more attention and will function in parallel and in conjunction with the proposed updated priority one actions. 2.2 Create formal and routine communication with all regional 1 BizOR, Chamber, economic development partners City, JackCo, SOREDI, SOU, RCC, SBDC, THRIVE This action is closely associated with action 2.1 and could benefit from the creation of a local Jobs Commission/Advisory Board, but will also rely and build on existing communication structures utilized by local and regional economic development partners. 3.3 Create a coordinated economic development information 1 BizOR, Chamber, and marketing plan to maximize public communication City, SOREDI, tools SOU/RCC The community has a variety of public communication resources such as City, Chamber and other economic development partner websites, social media outlets, direct mailing lists, e-newsletters, 8 ` EcOIIOI[ k DEVELOPMENT STRATEGY Enhancing economic strength in community community TV (RVM, postings in community meeting spaces, City Commission & Committee packets, etc. A coordinated information and marketing plan would provide consistent and complete local and regional economic development information and services for the region. The system would integrate partner agency content to automate distribution across partner communication platforms for maximum efficiency and reach to the business community and the public. The B,R&E contained many references to the need/desire for increased marketing and communication efforts for business education and training, including Ashland specific data sets across a variety of often inter-related business segments such as real estate market analysis, detailed demographic analysis, etc. Additionally, resources such as current development related information, fees, licenses, services available, etc was also suggested to be pulled together into one resource location and kept current. 3.3.1 - A suggested concept to achieve this goal is a local business resource web portal which could house all of the information described above as a one-stop shop for data, contacts, educational and business services resources across the various business segments. 3.3.2 - To further expand and provide exposure to the variety of core business segments, information could also be provided in the form of short videos for key local segments such as: Digital Technology , vitaculture/sustainable ag/organic farming, Performing Arts, Visual art and design, film and video production, culinary, historical and government innovation/partnerships t. 6.4 Pursue the expansion of a State E-Commerce Zone within 2 BiZOR, Chamber, Ashland City, ac o, SOREDI As described in the Actions Summary, a large portion of employment zoned land in the southeast area of Ashland was recently approved to be included in the Jackson County enterprise zone. Under current state legislation, this is a required first step for communities interested in the e-commerce overlay. The enterprise zone allows for development/expansion within the zone to be eligible for property tax exemptions for three to five years. An e-commerce overlay zone provides State tax incentives for equipment relating to conducting business via the internet (computers, servers, networking equipment, software, etc). The City is currently working with SOREDI on an application to Business Oregon for the entire Jackson County enterprise zone to be awarded one of the ten existing e-commerce overlay zones that recently became available. Additionally, the City, Chamber of Commerce and others are working on the development of legislation to expand the availability of e-commerce benefits if the application for award is not selected. . uf.,,n ie v o 6.5 Evaluate land availability for business expansion on lands 3 BizOR, Chamber, on or ad/acent to existing businesses City, SOREDI As most job growth comes from the expansion of existing businesses, it is critical to evaluate lands where business expansion is likely or desired to understand and anticipate obstacles and barriers of the adjacent lands for expansion while also looking forward using expected market growth need estimates over the next 10-20 years. Using the Urban Renewal District feasibility study, the EOA, the updated BLI, the B, R & E results and other related data, an initial analysis would be prepared. 9 ` ECOSOnuC DEVELOPMENT STRATEGY Enhancing economic strength in community City staff or a designated task force could review and evaluate existing business expansion opportunities (adjacent lands), new business land needs consistent with identified target areas (profile/attributes action 1.1) and land needs and opportunities within the existing Urban Growth Boundary (UGB). The evaluation will include elements such as, infrastructure needs for the identified lands, existing and proposed zoning regulations and identification of potential conflicts with expansion forecasts/needs, etc. The results may indicate the desire and benefit for proactive adjustments to the zoning regulations, the inclusion of specific public projects in the City Capital Improvement Plan (CIP) and/or other policy modifications. The results will also provide those businesses contemplating expansion with upfront analysis of the practical and policy implications of a proposed expansion, removing much of the unpredictability of that process. Participating proactively with the business community on business expansion needs and obstacles was identified in the B,R&E survey as a significant business need and resource. City and Chamber staff had follow up conversations with many of the survey respondents and found a variety of issues where further site evaluation and identification of expansion needs would benefit both short and long term decision making for business expansion and could be the biggest assistance in retaining existing businesses in Ashland. 1 5 Assist local businesses in ener rk gy, wate'g waste, supply 3 City, Recology, Parks chain reductions and efficienaes - ) t & Rec, DEQ, Avista ?do- , . The City of Ashland created an Ashland Green Business Program four years ago, managed and staffed through the City's Conservation Division, as a coordinated multi-agency team (City-Water, city-Electric, Recology-waste, Avista-Nat gas, DEQ) to help businesses wanting to increase the efficiency and sustainability efforts of their business operations. The program conducted audits in all major consumption categories and works with businesses to develop plans and strategies to reduce initial consumption, reduce waste and eliminate toxic materials. In addition to reducing operating costs for local businesses and preserving community resources, successful implementation of audit findings result in job creation for the local construction/trades sector. With turnover in staffing and a significant increase in program workload each year (new businesses are added with existing businesses going through annual evaluations), the Green Business Program has been placed on hold pending a review of program objectives and potential tools available to more efficiently deliver the level of service expected and desired of the program. Staff propose providing businesses with a set of online tools developed by ICLEI (Local Governments for Sustainability) called the Green Business Challenge. The product allows locals businesses to complete a baseline survey of their resource usage, select a goal level to achieve in each category, use the software to track data over the period of the goal, connect with City and other partner resources to help meet the selected goal and compare their progress with other local businesses and businesses of their type across the nation. This program format allows staff to serve interested businesses regardless of the volume of interest and participation. 10 ` Econonik DEVELOPMENT STRATEGY Enhancing economic strength in community 4.2 Develop, promote, and 1 * Chamber, City, Job Chamber/Job Econ Dev Grant expand job training programs Council, SOREDI Council or contract to meet skill needs identified by local business 1.4 Create/Expand a local 1 * Chamber, City, SOU/RCC- TBD business resource & SOU/RCC-SBDC SBDC mentoring program 4.1 Develop/expand programs 1 * ASD, SOU/RCC, ASD/Job Econ Dev budget to connect local education Chamber, Job Council (staff time) partners with business Council, SOREDI, community for experience and City exposure to entrepreneurship, business development & operations Each of these actions were mentioned consistently throughout the B,R&E as programs and services that would benefit local businesses. All three actions identified and supported in the B,R&E are occurring at some level within the region. The reoccurring theme throughout the survey response and from other discussions with business leaders and partner organizations is that there is a need for Ashland specific resources and programs in these areas. As part of Council's goalsetting for 2013-14, an objective was identified under the community quality of life goal to establish a permanent jobs commission. A group like a Jobs Commission or Jobs Advisory Board could be developed and charged with developing a prioritized plan to leverage existing services and augment those services when necessary to ensure that work being done in the region is available, accessible and tailored to Ashland employer and employee needs. Staff level discussions with the listed partners indicate that a variety of programs currently in place in the region would benefit from additional participation from Ashland businesses, institutions, schools and non-profit and government partners. Priority 2 Items (7 items) 1.6 Determine feasibility /demand for BaOR, Chamber, City, Chamber/SOU TBD local business assistance and support SOREDI, SBDC, RCC, office sou tt ` ECon=k DEVELOPMENT STRATEGY Enhancing economic strength in community 3.2 Create opportunities for increased ❑ City. Chamber. SOREDI Chamber Econ Dev budget local access to funds (staff time) 5.7 Maximize City funded marketing ❑ Chamber. City Chamber Econ Dev Grant or efforts targeted for "year-round" contrail tourism 5.2 Determine market feasibility for a Chamber, City. OSF. City Econ Dev budget convention/community center SOU (Staff time + contract) 5.3 Develop a capital improvement ❑ City City City budget plan and maintenance strategy for the Plaza and downtown (Staff time + contract) 6.3 Complete transportation and utility city City CIP budget service connections to all commercial and industrial lands in the City limits (Staff time + Contract) and UGB 6.7 Complete and maintain real-time Chamber, City, SOREDI, City/Chamber Econ Dev Grant or commercial occupancy data Private contract (availability, price, contacts, etc.) ' Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal Priority 3 Items (8 items) 7.3 Increase opportunities for local Chamber, City, SOU, THRIVE Econ Dev Grant or import substitution and local to local THRIVE contract purchasing 6.2 Complete and maintain publicly City City PW budget accessible real-time online buildable lands inventory (Staff lime) 6.6 Determine feasibility and Econ Dev/Admin cosUbenefit for public purchase of key industrial lands to make "shovel ready" 3 City City budget for re-sale for business development (Staff time) 7.4 Update the Economy Element of 3 City City Comm Dev/Econ Dev the Comprehensive Plan budget (Staff time) 7.5 Provide public access to 3* City City PW budget development related data sets (GIS Mapping) (Staff time) 7.6 Integrate existing sustainable ❑ City City Comm Dev budget development concepts & practices into (staff time) development standards 12 ` EConoMiC DEVELOPMENT STRATEGY Enhancing economic strength in community I~ 7.7 Create and tlefine quantifiable g City City Grant or contract community "Quality of a_ indicators J to measure economic development strategy success, both monetary antl non-monetary 7.8 E0 el p and Implement a Facade Chamber, City City Econ Dev/Admin ImprovemenUProgram budget (Staff time) ' Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal 13 ` EConorrdC DEVELOPMENT STRATEGY Enhancing economic strength in community CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting Proposal by the Mayor to form an Ad Hoc Committee on Sustainable Funding of the City's Parks and Recreation Department FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY: The Mayor has proposed creating an ad hoc committee that would be tasked with developing options for sustainable funding for the Parks and Recreation Department. Under the municipal code, the Mayor has the authority to create such a committee, with the consent of the Council. BACKGROUND AND POLICY IMPLICATIONS: The idea of creating an ad hoc committee to study sustainable funding options for the Parks and Recreation Department was first brought up by the Mayor and the Chair of the Parks Commission at the joint study session of the Council and the Commission on March 11. The Mayor proposes that the committee would consist of an equal number of Councilors and Commissioners, with staff assistance for budget and legal issues. The ad hoc committee would report its recommendations back to the Council and Commission within one year. (Note that while the Mayor brought this up at the March I 1 meeting, Councilor Rosenthal had previously proposed the formation of a working group, this one consisting of two Councilors, two Commissioners, one appointed Budget Committee member and not more than two others.) Under the Ashland Municipal Code (section 2.04.090.B) the Mayor, with the consent of the Council, can form ad hoc committees and task forces, and the Mayor, again with the consent of the Council, appoints the members. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTIONS: The Mayor may request a motion following Council discussion. ATTACHMENTS: March 13, 2013 e-mail from Mayor John Stromberg to the City Council Page I of I ~r, CITY OF ASHLAND Memo TO: City Council FROM: Mayor Stromberg DATE: March 14, 2013 RE: Ad Hoe Committee proposal Councilors - Parks Chair Stefani Seffinger and 1 want to propose to the Council that it set up an ad hoc committee to explore options for sustainable funding of the City's Parks and Recreation Department. We envision this committee as having equal numbers of Parks Commissioners (nominated by Parks' Chair and appointed by the Mayor) and City Councilors (appointed by the Mayor) - all members to be confirmed by the Council - and have a life span of not more than one year, with quarterly reports to the Council and the Parks and Rec Commission. The committee would have access to staff assistance with expertise in budgets and legal matters. The purpose of the committee would be to create a vehicle for discussing in public possible means for providing secure, dedicated funding for Parks, or the equivalent so far as ensuring the continuation of Parks' programs and the decision-making integrity of Parks elected leadership. We recognize and are open to the Council's modifications of this idea if the modifications support its general purpose. (Parks Commission Chair Seffinger will be present at the Mar. 19th Council meeting to present this proposal with me and to answer questions and participate in the discussion at the Council's pleasure.) The part of our proposal that was alluded to at last Monday's goals meeting was for myself and Steff to work with Parks personnel, the City Administrator and the City Attorney to understand the budgetary needs of the Parks and Rec Department for the next two years so we could construct a sample budget that would illustrate the total budget that Parks could receive if the $2.09 revenue were used as part of the Department revenue. This would allow interested citizens to gauge whether or not the Parks budget that will be part of the Budget Officer's recommendation to the Budget Committee would be less than would have been possible with the $2.09. We may have more information about this endeavor next week. ADMINISTRATION Tel: 541-088-6002 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us CITY OF ASHLAND Council Communication March 19, 2013, Business Meeting A Resolution Approving the Formation of the Rogue Valley Heritage District FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Jackson County Heritage Association is requesti g 0eistrict. it f Ashland join in supporting their efforts to create a county-wide Rogue Valley He ita They plan to petition the Jackson County Board of Commissioners to place a mea u o th May 2014 ballot asking voters to approve district formation and a county-wide permanent rat of $0.05 per $1,000 of assessed value to fund the district and its historic preservatio goa . BACKGROUND AND POLICY LI ATIONS: Heritage Districts are special taxing di ri s that provide for the support and funding of, among other things, the operation and maintenan ce o historical sites and museums and the acquisition of objects, properties and materials of historical si ificance. If approved, the Rogue Valley Heritage District would support programs of museums an heritage societies within the district on behalf of all district residents. The district will be established rider Chapter 358 of Oregon Revised Statutes (ORS 358.442-358.474). If the proposed petitio drive is successful, the May 2014 election will include a vote to approve a permanent tax rate limit of no more than $0.05 per $1,000 of assessed value. With this county-wide property tax, the Jackson County Heritage Association estimates it can raise $805,000 a year to preserve local heritage in the Rogue Valley Heritage District. It is proposed that the district retain about $200,000 of each year's levy to launch a restoration and preservation fund. The remainder, less administrative expenses, would go to members of the Jackson County Heritage Association which will contract to use the funds for operation of their community-backed and regional programs. Its affiliate organizations, including cities directly operating museums, will maintain heritage sites and structures and acquire and preserve historical objects and materials. A portion of the tax dollars raised by the district, $21,400 in its first year, would help support the Historic Railroad Museum in Ashland. In order to place this item on the May 2014 ballot, the Jackson County Heritage Association and their Our Heritage PAC is seeking the consent of each city within the county to endorse formation of the Heritage District. Any City that declines to approve this resolution will be excluded from the district boundaries and the new property tax would not apply. FISCAL IMPLICATIONS: No fiscal impacts to the City of Ashland budget, however, if the ballot measure passes as proposed a permanent property tax of $0.05 per $1,000 of assessed value will be added to the general government tax rate paid by all property owners in the City of Ashland. Page I of 2 Imo, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: None. SUGGESTED MOTION: I move to approve the resolution titled, "A resolution of the City Council of the City of Ashland approving the formation of the Rogue Valley Heritage District." ATTACHMENTS: Resolution approving the Rogue Valley Heritage District Briefing paper Economic feasibility statement Proposed petition Page 2 of 2 ~r, RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND APPROVING THE FORMATION OF THE ROGUE VALLEY HERITAGE DISTRICT RECITALS: A. The city of Ashland, chartered in 1874, has long taken pride in its heritage and worked to conserve historic places as part of its comprehensive land use plan. B. The historical attractions of this city and Jackson County, Oregon draw visitors who contribute to the local economy, benefiting citizens of Ashland. C. The citizens of this city and the region, since the days of the Southern Oregon Pioneer Society, have preserved historic buildings, educated our children about the past and formed several historical and genealogical societies offering quality educational programs, exhibits and research materials that preserve important documents and artifacts, and 0 D. The county-wide continuing levy authorized by voters in 1948 to support these historical activities was combined with other county-wide levies as a result of a 1996 ballot measure, and that source of funding has ended, leaving these historical and genealogical societies with responsibilities but limited funds to accomplish tasks, and E. The 2007 Oregon Legislature authorized formation of Heritage Districts to operate and maintain heritage sites and structures, acquire and preserve historical objects and materials, and maintain programs for heritage societies within district boundaries, and F. A group of citizens has proposed to form the Rogue Valley Heritage District and presented for examination of the Council the prospective petition and accompanying economic statement setting out in detail reasons for formation of the District. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland approves the prospective petition for formation of the Rogue Valley Heritage District. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page 1 of 2 SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 031913 RV Heritage District. Res. dOCXG:VegaitaAULTORMSUesoiutionionn.wpd RITAGE MATTERS OUR HERITAGE PAC North Oakdale, Medford OR 97501 a._ MNG TO CREATE THE ROGUE VALLEY HERrrAGE DISTRICT Contact: Tam Moore 541 890 0992 email: ourheritagepac@gmail.com Briefing paper- Rogue Valley Heritage District Citizens of Jackson County, concerned about the loss of public funds for historic preservation and history-related programs, are again working on formation of a county-wide Rogue Valley Heritage District. This new district is made possible by a 2007 amendment to Oregon's special district law, which is ORS 358.442 to ORS 358.474. Jackson County has a heritage of caring about history. In 1948, voters passed a dedicated levy that enabled preservation of the old county courthouse in Jacksonville and launched an interest in history that now is fostered through 15 community and regional historical societies and museums'. The resulting showcase of things historic makes Jackson County and its 11 cities a destination for tourists and scholars, architects and artists, and contributes significantly to the local economy. A political action committee, Our Heritage PAC, has been formed to coordinate the effort and accept contributions to defray costs of the campaign. The PAC address is 2 North Oakdale, Medford OR 97501. Dick Thierolf is treasurer. Tam Moore is chairman of the campaign executive committee. With a county-wide property tax of 5 cents per thousand dollars of assessed valuation, we can raise about $805,000 a year to preserve our heritage. It is proposed that the district retain about $200,000 of each year's levy to launch a restoration and preservation fund. The remainder, less administrative expenses, would go to members of the Jackson County Heritage Association which will contract to use the funds for operation of their community-backed and regional programs. After much preliminary study and consultation, we have decided to seek formation through collection of signatures from registered voters. The consent of each city within the county will be sought to allow their citizens to participate in the district. If we are successful, the Board of County Commissioners will place the measure on the May, 2014 ballot. A prospective petition should be fled with the County Clerk by May, 2013 so petition circulation can begin. We will ask each of the cities in Jackson County to endorse formation of the Heritage District. Circulation of petitions will be led in their local communities by members of the Jackson County Heritage Association. M13 ' Members of the Jackson County Heritage Association are Applegate Valley Historical Society, Big Butte Historical Society, Camp White Historical Association and Museum, Eagle Point Museum (the mueum is part of city government), Gold Hill Historical Society and Museum, Lake Creek Historical Society, McKee Bridge Historical Society, Phoenix Historical Society, Rogue Valley Genealogical Society, Southern Oregon Chapter of the National Railway Historical Society, Southern Oregon Historical Society, Talent Historical Society, Upper Rogue Historical Society, Woodville Museum, and Buncom Historical Society. Briefing V2.4 Feb 2013 r n RITAGE MATTERS OUR HERITAGE PAC IT North Oakdale, Medford OR 97501 ` - - NG TO CREATE THE ROGUE VALLEY HERBAGE DISTRICT Rogue Valley Heritage District Economic Feasibility Statement 1/31/2013 Description of Services and Functions: Jackson County was formed by the Oregon Territorial Government in 1852, seven years before statehood. Its history of human occupation goes back thousands of years, and the geological history reaches back almost 400 million years. The proposed district includes all Jackson County. Nearly 70 pec nt of Jackson County residents live in the 11 incorporated cities within the propo ed'district.. Al The Rogue Valley Heritage District will supportprogrrams;of museums and heritage societies within the district on behalf of all disYridt residents. Its affiliate . organizations, including cities directly operating museums %will maintain heritage sites and structures and acquire and preserve h`i' rical objects mWiii terials. The district will be established under Chapter~358~ot,Oregon Revised Statutes(ORS ` 358.442-358.474). If the petition drive is success mil; t, he formation election will include a vote to approve a permanent tax ra --Ii it of no more than $0.05 per $ 1,000 e of assessed value. Analysis of the Relationships Between"-Services a 'Functions Economic and Social.. In 1948 the citizens ofJaackson County re9lized-the need to preserve the history of ,e I the area and app o ve'd,a permannent property tax levy enabling the preservation of the old Courthouse,m Jacksonville. That launched wide public interest in history now rr.•„ fostered through 16 community4and>regional historical societies and museums. These groupsrpres8ive and ara responsibletfor"over 3 million priceless artifacts and photos. fi Th g,i t asenL~~ s bhc ex 4 efiibrts'and collect research materials for use by the general o sand public'schtT ey maintain records for historic community vo UKy cemeteries, and iri,some casesphysically care for those properties. They lease and own significant historical propertiesi promoting interest in our heritage. They sponsor local and:regional,education programs which enrich the local public and private school curricula. Theyoperate two research libraries used by students, writers and the general public.3•., The permanent tax levy vanished with passage of statewide ballot Measure 47 in November, 1996. In following years, Jackson County government reduced the amount of annual distribution and in April 2007, made its last grant to the historical societies and museums, forcing an increase in volunteer support and private fund raising. 'Among the most visible publicly-owned properties is the old courthouse in Jacksonville, which recently became property of the city of Jacksonville. The cities of Jacksonville , Talent and Eagle Point own historic properties used for museums. Southern Oregon Historical Society operates the Hanley Farm near Jacksonville. Despite this private volunteer effort, members of the Jackson County Heritage Association are struggling financially. Funds to protect historic resources - most of them publicly owned - have proven insufficient for the task. Educational programs are curtailed, and facilities that attract tourists and scholars are open fewer hours than they were prior to elimination of the levy. Members of the Jackson County Heritage Association have partnered with regional groups, including the Southern Oregon Visitors Association, that strengthen the region's economy by marketing the local area as a preferred destination for meetings, conventions and leisure travel. Data gathered in 2010 show visiting historical sites is the most popular activity for tourists coming,to Southern Oregon (Douglas, Josephine, Jackson and Klamath counties), favored 1;42 percent of the r -ut region's estimated 3.4 million annual visitors. Regional tourish"spending was estimated at $381 million. The local museums and heritage associations are a wi dow to state and regional ~ v ti6 history for visitors and residents alike. Thus, not;ofi ly do the societies.preserve the F > region's history vital to our cultural ~ needs °tliey also provide a dii,&economic i.thili benefit to the county and its communitiesrlne 2012;Qregon Tr aveliImpacts research report which narrowed data down to Jackson County, it is estimated ~.zs i,he tourists, who stayed an average of 2.6 days rn So1 uthern Oregon, spent $294.3 million while visiting. Limited operational hours cause'ss declining 13is affect attendance. It is very possible that with museum opera i nal~hours shortened, visitors stay in the area fewer days, resulting in,economic~loss for the, ounTy and its communities. If every visitor stayed one more,day, revenuexwould?rncrease by 30 Percent - a $133 million gain in local.tourrist spending;--Visitor spending per day is currently figured at $62 per person-night including food lodging and incidental purchases. For every additional $78,210 in visitorspendmg, one job is created in Jackson County. If only one-quarter-of the coufi 's present 1 8,million visitors stayed another night, that s endm would su ort p `g pp " 362`mo jobs in this community. Govern e tdk, In addition to generating tourist spending that boosts the local economy, the heritage ass' ciations 11 are }resources for the cities and county government. Their ..,:.A ! , `k! expertise helps local govemments comply with Goal 5 of Oregon's Land Conservation'aid Development Commission. It requires local government programs "that will protectriatural resources and conserve scenic, historic, and open space resources for present and future generations." 'Members of the Jackson County Heritage Association are Applegate Valley Historical Society, Ashland Historic Railroad Museum, Big Butte Historical Society, Eagle Point City Museum, Gold Hill Historical Society and Museum, Jacksonville Heritage Association, Lake Creek Historical Society, McKee Bridge Historical Society, Phoenix Historical Society, Rogue Valley Genealogical Society, Southern Oregon Chapter of the National Railway Historical Society, Southern Oregon Historical Society, Talent Historical Society, Upper Rogue Historical Society, Woodville Museum, and Buncom Historical Society. 2014 econ statement V 1.3 page 2 Bud et, projected second and third year budgets Special Project Fund $56,000 $37,000 $35,000 Restoration/Preservation Fund (capital outlay) $200,000 $400,000 $580,000 Unappropriated Balance $5,000 $5,000 $5,000 Total Requirements $806,000 $1,003,350 $1,198,190 RESOURCES OTHER THAN PROPERTY TAXi $205,000 $405,000 PRIOR YEAR TAXES RECEIVED $5,000 $6,000 PROPERTY TAXES REQUIRED TO BALANCE: $806,000 $793,350 $787,190 ESTIMATED TAXES NOT RECEIVED: $37,588 $31,560 /.$32,855 Total Tax Le $843,588 $824,910'. '.$820;045 'Details of Materials and Services DISTRIBUTION OF ASSISTANCE: f=irst year distribution of assistance to Applegate $14,400:: qualified museums and heritage societies AshalndHistoric Railroad Museum $21"x,4oo- is in the amount recommended by the Big Butte /$15;550'; Jackson County Heritage Association. Camp White Military Museum \$28;200• - Eagle Point Museum $22;400. Gold Hill $25,000 Jacksonville d museums $47,450• Lake Creek \ - $20,700 \ McKee Bride \ - ~'-$13j500. \ I Phoenix $15;600 RVGeneolo ical Society \$22;000 ' J SOC-National Railroad Historic Society \ l `$17,500 SOHS / /\._......'1 x:$225,000 Talent < ) J \ S$16;400 Upper Rogue \ \$18;500 Woodville x'$21,400 Bunconn~ $0 JCCHA•Sub-Total $545,000 °Note: It is assumed the district directors will carry forward the restoration and preservation fund for at least two years to allow investment in a significant project, and that allocation to qualified museums and heritage societies will increase by 3 percent annually after the initial year. The Special Projects fund will be used for needs not anticipated when this estimate was prepared. The uncollected tax estimate is based upon 96 percent payment in the first year, with 116th of the unpaid amount realized from delinquent taxes after the first year.. 2014 econ statement V1.3 page 3 ~ T C_ D w.N 2 O U N m m m N C DD N = mp. 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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 non- Ashland residents 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 to 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 department's 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 equipments 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, but is expected to be relatively small. STAFF RECOMMENDATION AND REQUESTED ACTION: Amend cost recovery ordinance to include remote area rescues. SUGGESTED MOTION: I move approval of the second reading of an Ordinance titled, "An Ordinance Amending AMC Chapter 15.28 Cost Recovery Fees". ATTACHMENTS: Draft Amendment to AMC Chapter 15.28 AMC Chapter 15.28 (current) Page I of I ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 15.28 REGARDING AF&R COST RECOVERY FEES Annotated to show ae'~s-and 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 7 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 "'"pffeve_ a,. -°°_a " jjurisdiction" is as used in the Oregon Fire Code, jt-is means the City of Ashland. 2 Wherever the ° , 'Department of Fire Prevention' are 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 jurisdiction 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 7 10. "Railroad right-of-way" means a right-of-way used for rail transportation. 11. "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 r' ire Code O ffieial disapproves nlieation or- re fidses to g nt a per-mi lftqtttA:fMzor- when it is elikime that the provisions of the e0de do no applied for-, or in apply or that the tru intpmt And ing of the eode have been miseonstrued or wr-ongly the applienat may appeal from the deeisien of the Fire Code Offleial to 4" interpreted, Ashland Fire Code Appeals Board as defined by Appendix A of the Oregon Fire Code within 30 days from the date of the deeision appealed. SECT-WN 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 Ashland the owner of theproperty i .olyed i .eh fire shall pay r°.. the eest of n..... iding s eh fire ° MI.......• ~1 n • A For- the fist 1....... frAt.tean 41......... P. • 1 Pumper a Yatus $250 !101/1....... 2. Brush apparatus $100.00/hour 3 Reseue standby $100.00/hour- • A Sta ff vehicle Q 50.00/hour- payment shall be o" For- f fraetional bitsis to the nearest 15 minutes. 2T Personnel . ost ..hall be netual east with a minimum eharge of one hour- for eseh per-son responding to the fire plus all personnel eosts in exeess o f regular- time for eneh per-son pei4brming standby senriees in pinee of those who respond, to be billed on a fr-netienn! basis to the nearest fifteen minutes after- the first hour- for any froeti .nal portions of hours of set-vice (lard• 2711, 1004)SECTION 15.28.170 Cost Recovery Fees. A-. Fees Established. The City of Ashland Fire and Reseue Setwiees shall eharge user fee-s for the deliveFy of Fire and Reseue Seniees, personnel, supplies "Hd equipment to the resolution. Responsible Party. The u r fee ..hall be eharged to theresponsible party. The responsible party is the per-son of enfit3, thatwas at fault in the ineident. if fault eannO be deter-mined, then all parties involved shall be held jointly and sever-ally liable Mr the eosts ineurred by AFR when it responded to the ineident. The eost shall be in addition to any other eosts or claims sueh its damage to f property, damage to injuries. C. imposition of Fees. 1. Motor Vehiele Collisions & Hazardous Materials ineidents. The user fees for motor persons not residing within the City of Ashland as the r-esidefits Within the eitlY Ordinance No. Page 3 of 7 taxes. However, responses involving intoxieated drivers, hazardous materials elean tip, and negligent nets may be subjeet to all applieuble fees regardless of resideney. I 14*106p-q. In -the event that damage to utilities is eausing a safety hazard on a publie right of way that eauses emergeney responders to deem the area unsafe and remain - elfi-minated, user fees shall be assessed to the responsible- party, ineluding the utility if equipment related problems are eausing emer-geney sen,iees to respond. D. Billing Pmeed-urm Ashland Vire and Reseue shall seme the owner and the per-son responsible with a notiee stating the total eost of all fees shall be paid within thil4y (30) days, and stating that the bill ean 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. Whenever a fire is extinguished or attempted to be extinguished by AUR outside the City of Ashland, the owner of the property involved in such fire shall be liable to the City for the direct and indirect costs of fire and rescue services incurred by the City in responding to the incident. 3. 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. Fire extinguishment efforts by AF&R on property outside the City 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 7 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 fire 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 L 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 c. 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. EF.Appeal Procedures. A person AF&R determines to be liable for fire and rescue services charges may appeal AF&R's determination as provided in AMC 2.30.020 [Administrative Appeals Process]. A person whose application for a permit for exemption from fire restrictions is denied by the Fire Code Official or who objects to fire inspection fees or fees imposed by the Fire Code Official for noncompliance with regulations in AMC Chapter 15.28 or the Oregon Fire Code may appeal the decision as provided in AMC 2.30.020, which appeal shall be decided in compliance with Appendix A of the Oregon Fire Code. 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 7 Ordinance No. Page 6 of 7 SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 7 of 7 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, 09107/2010; 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, 01/05/2006) 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 I 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, 09107/2010; 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 I 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 D 105 - 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 A1010.11 - 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, 08118/2006; Ord 2925, Amended, 04/18/2006; Ord 2921, Amended, 01/052006; 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, 04/182006; 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, 01/052006) 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, 01105/2006) 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, 04118/2006; 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, 08/18/2006; 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 held jointly 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 casts 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