HomeMy WebLinkAbout2013-0415 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, April 15, 2013
Siskiyou Room, 51 Winburn Way
5:30 p.m. Study Session
1. Look Ahead review
2. Public Works report on readiness for drought years (request of Councilor Voisin)
3. Economic Development Strategy, Phase Two implementation plan
4. Discussion of application of lodging tax and business license requirements for short
term vacation rentals by owners (request of Councilor Voisin)
5. Update from ad hoc committee on Parks funding (request of Councilor Marsh)
Following the Study Session the City Council will hold an Executive Session for
exempt public records pursuant to ORS 190.660(2)(f).
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 THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City of Ashland Council Meeting Look Ahead
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1 Budget Messace, Parks and Police
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2 Modification of water rates for 1" service Mike PW NEW
3 Update of financial policies Lee Finance NEW
4 Annual report on crime (Terry) Police NEW
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5 Administration, Administrative Services, City Recorder, Fire, and
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7 Place holder for possible Verde Village development agreement Com Dev NEW
extension Bill
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8 Set Tax Rate budget approval, wrap-up
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g Public hearing on ordinanceto levy taxes for FY14&15 (Lee) Finance PH
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10 Resolution to qualify for state revenues Lee Finance RES
11 Resolution to receive state revenues Lee Finance RES
12 Resolution setting appropriations Lee Finance RES
13 Resolution adopting rate increases for all enterprise funds, as Finance PW RES
a roved in the budget process Lee/ Mike/ Mark Electric
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14 Public hearing on ordinance to le taxes for FYI 4&15 Lee Finance ORD-2
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15 System development charges update for water, sewer, and PW
transportation Mike PH
Page 1 of 1 4/102013
CITY OF
ASHLAND
Council Communication
April 15, 2013, Study Session
Public Works Report on Readiness for Drought Years
FROM:
Michael R. Faught, Public Works Director, faughtm@ashland.or.us
SUMMARY
The Public Works Department report on readiness for drought years reflects lessons learned during the
2009 water curtailment event. For the most part, the action plan developed for future drought events
follows Ashland Municipal Code (AMC) 14.06 (Water Curtailment). Public Works created a Reeder
Reservoir drawdown curve that tracks the information needed to make the AMC water shortage
determination. The first stage of drought readiness is encouraging water conservation, understanding
the impacts of climate change and securing additional water supply. The specific water shortage action
plan includes adding TID water, prohibiting water waste, voluntary water curtailment and
implementation of AMC 14.06 water curtailment.
BACKGROUND AND POLICY IMPLICATIONS:
The last time the City implemented AMC 14.06 was in the summer of 2009. As is the case of all water
curtailment events, implementation was stressful for the community and resulted in reduced water
revenues for the City. However, the community very quickly reduced water use as requested,
extending Ashland's limited water supply through late October.
Public Works Readiness for Drought Years Report
As applied in 2009, AMC 14.06 was updated in 2010 following a critical review of the process. In
addition, the City Council added a fourth tier water rate to encourage water conservation based on
pricing.
The Public Works drought readiness plan begins with aggressive water conservation as outlined in the
2012 water master plan. Reducing the peak demand (the highest water use during peak season) by 5,
10 or 15%, significantly reduces the impacts to the community during drought years.
Public Works has developed a drawdown curve that reflects the cumulative effects of creek flows, TID
flows, rainfall, storage available and consumption, into a single graph that can be compared with prior
years' data.
Based on lessons learned during the 2009 curtailment, staff has developed the following action plan:
• TID Water: When the May 151 snowpack is less than 60% of normal, Reeder Reservoir is no
longer overtopping and the drawdown curve indicates a near term water shortage, staff will
recommend adding TID water at the water treatment plant to keep up with daily water
demands.
Pagel of 2
~r,
CITY OF
ASHLAND
• Prohibit Water Waste: If water demand continues to exceed water supply faster than the
drawdown curve target rate, staff will recommend enacting the section of AMC 14.06.020, that
prohibits water waste. In addition, staff will convene a multi-departmental action team that
includes public outreach, utility billing, water conservation (water audits as needed), and Public
Works water staff to begin the planning stages of the water shortage action plan.
• Voluntary Water Curtailment: If a water shortage continues to be predicted based on the
drawdown curve, the next step will be to implement a voluntary water curtailment. This was
the first step in 2009 and daily demand dropped by a million gallons per day as a result.
• Water Curtailment: The next step, if the voluntary water curtailment program fails to correct
the projected water shortage, is the implementation of water curtailment stages 1 though 4, as
outlined in AMC 14.06.030. Curtailment includes restricted water allocation dependent on
which stage is implemented (see AMC 14.06.015 Water Allocation Table). As an example
residential units are limited to 3600 cubic feet of water use under stage 1 and 900 cubic feet
under stage 4. The penalty for exceeding that allocation is a curtailment surcharge four times
the normal water rate for all water used in excess of the allotment for stages one through three
and ten times the rate for stage 4.
FISCAL IMPLICATIONS:
The fiscal impact of a water curtailment is dependent on the level of curtailment and duration of the
event. As an example, the 2009 curtailment event incurred additional costs of $46,000 (not budgeted)
for overtime, water tests, additional electrical and chemical costs, engineering services and materials
including door hangers, tent cards, etc. In addition to the higher costs, water revenues also fall below
budgeted revenue predictions during a curtailment event.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A This is an informational report only.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
1. AMC 14.06
2. 2009 drawn down curve
3. Draft water curtailment standard operating procedures manual
Page 2 of 2
11FAX,
ASHLAND MUNICIPAL CODE
CHAPTER 14.06
WATER CURTAILMENT
SECTIONS:
14.06.010 Definitions. -
14.06.015 Water Allocation Table
14.06.020 Determination of water shortage.
14.06.030 Water curtailment stages.
14.06.060 Exemptions and Appeals.
14.06.080 Excess water consumption surcharge.
14.06.090 Penalties and enforcement
SECTION 14.06.010 Definitions.
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Billing period" means that period used by the City for the reading of water meters consisting of
approximately 30 calendar days.
B. "City water" means water sold or delivered by the City of Ashland and includes Talent Irrigation
District water delivered through the City's water system.
C. "Cf' means cubic feet.
D. "Customer" means that person or persons designated in City records to receive bills for water
service.
E. "Multi-family dwelling" means a building containing two or more residential units.
F. "Outside plants" means grass, lawns, ground-cover, shrubbery, gardens, crops, vegetation and
trees not located within a fully enclosed building.
G. "Permanent resident" means a person who resides at the dwelling at least five days a week, nine
months a year.
H. "Temporary or Drop-In Guest" means a person who resides at the dwelling less than 3
consecutive months per year.
1. "Water Allocation Table" means that table of meter types and sizes and maximum volumes of
water set forth in AMC 14.06.015.
J. "Waste" means:
1. To use City water to irrigate outside plants:
a. Between the hours of 10:00 a.m. and 8:00 p.m. May through July or between 10:00 a.m.
and 7:00 p.m. August through October, except that drip irrigation systems may be used
during these times.
b. in such a manner as to result in runoff on a street, sidewalk, alley or adjacent property for
more than five minutes.
2. To use City water to wash sidewalks, walkways, streets, driveways, parking lots, open
ground or other hard surfaced areas except where necessary for public health or safety.
3. To allow City water to escape from breaks within a plumbing system for more than 24 hours
after the person who owns or is in control of the system is notified or discovers the break.
4. To use City water..to wash cars, boats, trailers, aircraft, or other vehicles by hose without
using a shutoff nozzle except to wash such vehicles at commercial or fleet vehicle washing
facilities using water recycling equipment.
5. To serve City water for drinking at a restaurant, hotel, cafe, cafeteria or other public place
where food is sold, served or offered for sale, to any person unless expressly requested by
such person.
6. To use City water to clean, fill or maintain decorative fountains, lakes or ponds unless all
Pagel of 5
ASHLAND MUNICIPAL CODE
such water is re-circulated.
7. Except for purposes of building construction, to use City water. for construction, compaction,
dust control, cleaning or wetting or for building washdown (except in preparation for
painting).
8. To use City water for filling swimming pools or for filling toy, play or other pools with a
capacity in excess of 100 gallons, provided, however, that water may be added to swimming
pools to replace volume loss due to evaporation.
K. "HOA" means Home Owners Association
(Ord 3011, amended, 05/0412010; Ord 2869, Amended, 05/15/2001)
SECTION 14.06.015 Water Allocation Table
CATEGORY METER STAGE STAGE STAGE STAGE
SIZE 1 2 3 4
Reslrri 0.75 1800 600 100 0
Res hTi 1.00 1800 600 100 -6
Res Irri 1.50 1800 600 100 0
Res Irri 2.00 1800 600 100 0
Com Irri 0.75 3200 1100 100 0
Com Irri 1.00 6100 2100 200 0
Com Irri 1.50 10400 3700 400 0
Com Irri 2.00 15200 5300 500 0
Com Irri 3.00 30400 10600 1100 0
Gov Irri 0.75 3200 1100 100 0
Gov lni 1.00 6100 2100 200 0
Gov Irri 1.50 10400 3700 400 0
Gov Irri 2.00 15200 5300 500 0
Gov Irri 3.00 30400 10600 1100 0
Gov Irri 4.00 48100 16800 1700 0
TID Irri 4.00 48100 16800 1700 0
Comm=1 0.75 6400 4800 3200 1600
Coimn=1 1.00 12200 9200 6100 3100
Comm=1 1.50 20900 15600 10400 5200
Comm=1 2.00 30400 22800 15200 7600
Comm=1 3.00 60800 45600 30400 15200
Comm=1 4.00 96200 72200 48-100 24100
Comm=1 6.00 186400 139800 93200 46600
Comm=1 8.00 304400 228300 152200 76100
Condo/Multi Family All 2700 2000 1300 700
Resid=l .075 3600 2500 1800 900
Resid=l 1.00 3600 2500 1800 900
Resid=l 1.50 3600 2500 1800 900
(Ord 3011, amended, 05/04/2010)
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ASHLAND MUNICIPAL CODE
SECTION 14.06.020 Determination of water shortage.
A. The City Administrator is authorized to prohibit waste as defined in section 14.060.010 or implement
water curtailment stages upon determination that a water shortage emergency conditions exists. Such
determination shall be based on an analysis of the demand for water in the City, the volume of water
in Reeder Reservoir, the standard drawdown curve for Reeder Reservoir, the projected curtailment
date for Talent Irrigation District water and flows in the east and west forks of Ashland Creek. The
determination of the City Administrator under this section shall be effective until the next council
meeting following such determination at which time the council shall either ratify or invalidate the
determination.
B. The City Administrator is authorized to terminate waste prohibitions or water curtailment stages
upon determination that a water shortage emergency condition no longer exists. Such determination
shall be based upon factors listed in section 14.06.020 and the billing cycle. The termination shall be
effective until the next council meeting following the determination of the City Administrator at
which time the council shall either ratify or invalidate the determination.
(Ord 3011, amended, 05/04/2010; Ord 2869, Amended, 05/15/2001)
SECTION 14.06.030 Water curtailment stages.
Depending on the severity of the potential water shortage, The City Administrator may implement the
following water curtailment stages. During any stage, no person shall waste City water.
Stage I. The following restrictions are effective during water curtailment Stage I:
1. No customer shall receive through the water meter assigned to such customer more than the
maximmn volume of water for such meter indicated for Stage 1 in the Water Allocation Table.
2. Government agencies and HOA' s, including but not limited to parks, schools, colleges and
municipalities may have separate account allotments combined into one "agency" allotment and
are exempt from Stage 1 restrictions if their water consumption is otherwise reduced by 20%
from the volume of water delivered in the same billing period for the first previous non-water
curtailment year.
Stage2.The following restrictions are effective during water curtailment Stage 2:
1. No customer shall receive through the water meter assigned to such customer more than the
maximum volume of water for such meter indicated for Stage 2 in the Water Allocation Table.
2. Government agencies and HOA' s, including but not limited to parks, schools, colleges and
municipalities may have separate account allotments combined into one "agency" allotment and
are exempt fiom Stage 2 restrictions if their water consumption is otherwise reduced by 30%
from the volume of water determined under Stage 1.
Stage3.The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer more than the
maximmn volume of water for such meter indicated for Stage 3 in the Water Allocation Table.
2. Government agencies and HOA' s, including but not limited to parks, schools, colleges and
municipalities may have separate account allotments combined into"one "agency" allotment and
are exempt from 3 restrictions if their water consumption is otherwise reduced by 40% from the
volume of water determined under Stage 2.
Stage4.The following restrictions are effective during water curtailment Stage 4:
1. No customer shall receive through the water meter assigned to such customer more than the
Page 3 of 5
ASHLAND MUNICIPAL CODE
maximum volume of water for such meter indicated for Stage 4 in the Water Allocation Table.
2. Government agencies and HOA' s, including but not limited to parks, schools, colleges and
municipalities may have separate account allotments combined into one "agency" allotment and
are exempt from Stage 4 restrictions if their water consumption is otherwise reduced by 50%
from the volume of water determined under Stage 3.
3. No City water shall be used to irrigate outside plants, except for trees, shrubs and food plants. If
the customer has an irrigation meter, the irrigation meter shall not be used. The watering of
trees, shrubs and food plants shall be through the non-irrigation meter and the total allocation
shall not exceed the amount allowed for the non-irrigation meter.
(Ord 3011, amended, 05104/2010)
SECTION 14.06.060 Exemptions and Appeals.
A. Any person who wishes to be exempted from a restriction imposed by any water curtailment stage
shall request an exemption in writing on forms provided by the City and file the request for
exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by the City and a determination made by
the Conservation Analyst as to the validity of the request for an exemption. No exemptions will be
considered until the City has conducted a water audit.
C. Exemptions may be granted for the following:
1. Any person with substantial medical requirements as prescribed in writing by a physician.
Examples would be hydrotherapy pools or life support systems.
2. Residential connections with more than four permanent residents in a single family residence or
three permanent residents per unit in a multi-family dwelling can receive up to 350 of per month
per additional permanent resident. A census may be conducted to determine the actual number
of permanent residents per living unit. Temporary or drop-in guests will not be considered for
additional allocations.
3. For commercial or industrial accounts where water supply reductions will result in
unemployment or decrease production, after continuation by the City that the account has
instituted all applicable water efficiency improvements.
4. For any other reason upon showing of good cause and where necessary for public health or
safety.
5. For commercial accounts where water meter is undersized (as determined under the Uniform
Plumbing Code) for the current occupancy, the allocation for such accounts may be increased up
to the allocation for the water meter size designated for such occupancy in the Uniform Plumbing
Code.
D. Exemptions will not be allowed for steam cleaning or similar uses of water. The amount allocated
for any given customer will include such uses and no additional allocation will be allowed.
E. The Conservation Analyst shall report to the Director of Public Works the findings and conclusions
resulting from the review. The Director shall approve or deny the request for exemptions and may
;impose conditions. Such conditions may include the amount volume restrictions may be exceeded
and that all applicable plumbing fixtures or irrigation systems be replaced or modified for maximum
water conservation. If the Director and the applicant are unable to reach accord on the exemption, or
if the applicant is dissatisfied with the decision, the applicant may appeal to the City Administrator in
writing who will make the final determination.
F. Except for an exemption granted under section 14.06.060.C.1, C.2 and C.5, the water consumption
Page 4 of 5
ASHLAND MUNICIPAL CODE
surcharge specified in section 14.06.080 shall apply to all exemptions.
(Ord 3011, amended, 05/04/2010; Ord 2869, Amended, 05115/2001)
SECTION 14.06.080 Excess water consumption surcharge.
For any full billing period that begins after the City Administrator's determination is made and ratified as
provided in section 14.06.0060:
A. Any customer who exceeds the maximum volumes established in the Water Allocation Table for
Stages 1,2 or 3 shall pay a surcharge of four times the rate for water delivered in excess of the
established maximum volume.
B. During Stage 4, any customer who exceeds the maximum volumes established in the Water
Allocation Table shall pay a surcharge of ten times the rate for water delivered in excess of the
established maximum volume.
(Ord 2869, Amended, 05/15/2001)
SECTION 14.06.090 Penalties and enforcement
The penalties for violations of this chapter shall be cumulative in that they may be in addition to, not
in lieu of other penalties, remedies or surcharges established by this chapter.
A. A person shall not violate or procure aid or abet in the violation of any provision of this
chapter. A violation of any provision of this chapter is a Class 11 Violation and shall be
punished as set forth in section 1.08.020 of the Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing period, the City may
install a flow restricting device at the service meter which reduces water flow and pressure.
For services up to one and one-half inch size the City may install a flow restricting device of
two gallon-per-minute capacity, and for larger services, comparatively sized restricting
devices for larger services, for a period of seven days. Before normal service will be
restored, a flow restrictor installation and removal charge of $100 shall be paid by the person
who subscribes for the water service.
C. Service may be terminated to any customer who knowingly and willfully violates any
provision of this chapter.
(Ord 3029, amended, 0 8/0 312 0 1 0; Ord 3011, amended, 05/0412010) .
Page 5 of 5
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CITY OF
ASHLAND
Water Curtailment
Standard Operating Procedures Manual
December 2009
City of Ashland
Department of Public Works
20 East Main Street
Ashland, OR 97520
TABLE OF CONTENTS
INTRODUCTION 2
DETERMINATION 2
AUTHORIZATION 3
INITIAL CURTAILMENT PROCEDURES .....................................................................3
CURTAILMENT STAGES 4
STAGE ONE 4
ACTION TEAM MEMBER TASKS ..........................................................................4
Public Works ...............................................................................................................4
Finance/Utility Billing 5
Management Analyst 4
Conservation 5
Fire Department 5
Information Technology 5
STAGE TWO 5
STAGE THREE 6
STAGE FOUR ..................................................................................6
EMERGENCY INTERUPTION OF WATER SUPPLY 6
CONSERVATION 6
EXEMPTIONS 6
PENALTIES AND ENFORCEMENT 7
ECONOMIC MEASURES 7
CURTAILMENT TERMINATION 7
CONCLUSION 7
EXAMPLE LETTERS 8
Residential Water User Letter 8
Example Government Water User Lettter 10
Example Hotel Water User Letter 11
Example TID Water User Letter 12
Example Door Hanger 13
WATER SHORTAGE PLAN
This plan is designed to guide water management staff in the event of a water shortage.
INTRODUCTION
Ashland's water supply comes from Mt Ashland's snowmelt and groundwater that flows
into the east and west forks of Ashland Creek and then into Reeder Reservoir. Winter
precipitation, and slow spring melt is normally adequate to get us through the summer as
long as everyone uses water efficiently and we get normal autumn rainfall. However, a
long hot dry spell and delayed moisture in the autumn could stretch our ability to treat
and fully supply water for everyone's needs.
Water curtailment occurs in a number of stages and is directly related to the availability
of water in Reeder Reservoir-Ashland's primary source of fresh water. The City
Administrator and the Director of Public Works must first determine that there is a water
shortage and an immediate need to reduce the amount of water being used by our
customers. The City Council then ratifies that determination at a regular Council
meeting. Curtailment is implemented in stages, which depends on the severity of the
water shortage. Implementation and restrictions are detailed in the Ashland Municipal
Code, Chapter 14.06.
The Curtailment Plan is designed to assure that water shortages do not prevent the City
from meeting its obligation to provide health and safety services to those in its service
area, while minimizing economic impact.
DETERMINATION
Curtailment stages will be assessed when maximum daily production is just meeting the
daily demand, or when there is an expectation of a potential supply deficiency. When
such a situation occurs, the Public Works Director, Public Works Superintendent, Water
Distribution Supervisor, Water Treatment Plant Supervisor, and on duty water operations
staff will meet to assess the situation. If this team determines that a potential water
shortage does exist, the Public Works Director will consult with the City Administrator.
The City's Water Management Team will assess the water shortage situation daily.
Water Mana ement Team
Name Title/De artment Phone Home Cell
Mike Fau ht PW Director 541-488-5587 541-944-9458
Mike Morrison PW Superintendent 541-488-5353 541-951-0355
Greg Hunter WTP Supervisor 541-488-5345 541-826-2033 541-941-0859
Daryl McVey WTP Operator 541-488-5345 541-941-3250
Steve Walker Water Dept Supervisor 541-488-5353 541-951-0009
Pieter Smeenk Senior Engineer 541-488-5587 541-326-1039
Water Duty Staff On-Call After Hours 541-951-0857
AMC SECTION 14.06.020 DETERMINATION OF WATER SHORTAGE
A. The City Administrator is authorized to prohibit water waste as defined in section
14.06.020 or implement water curtailment stages upon determination that a water
2
shortage emergency conditions exists. Such determination shall be based on an analysis
of the demand for water in the City, the volume of water in Reeder Reservoir, the
standard drawdown curve for Reeder Reservoir, the projected curtailment date for Talent
Irrigation District (TID) water and flows in the east and west forks of Ashland Creek.
The determination of the City Administrator under this section shall be effective until the
next council meeting following such determination at which time the council shall either
ratify or invalidate the determination.
AUTHORIZATION
The City Administrator of the City of Ashland is authorized to enact water shortage
response provisions. The City Administrator will be advised about the status of the water
supply and the need to implement curtailment provisions by the Public Works Director.
In the absence of the Public Works Director, the Public Works Superintendent will
assume this role. Contact information for the Public Works Director and the Public
Works Superintendent is presented below.
Mr. Michael R. Faught Mike Morrison
Public Works Director Public Works Superintendent
20 East Main Street 90 N. Mountain Avenue
Ashland, OR 97520 Ashland, OR 97520
Phone: 541-552-2411 Phone: 541-552-2325
Email: fau hg tmnashland.or.us Email: morrisom@ashland.or.us
INITIAL CURTAILMENT PROCEDURES
TID WATER
When the May 151 snowpack is less than 60% of normal, Reeder Reservoir is no longer
overtopping and the drawdown curve indicates a near term water shortage, staff will
recommend adding TID water at the water treatment plant to keep up with daily water
demands.
WATER WASTE
If the water demand continues to exceed water supply faster than the drawdown curve
target rate, staff will recommend enacting the section of AMC 14.06.020, that prohibits
water waste. In addition, staff will convene a multi-departmental action team that
includes public outreach, utility billing, water conservation (water audits as needed), and
public works water staff to begin the planning stages of the water shortage action plan.
VOLUNTARY CURTAILMENT
Each stage of curtailment reduces the amount of water utility customers may use. Prior
to the first stage of actual curtailment, the City Administrator can impose "waste"
prohibitions. This initial phase of water reductions has a number of specific items
including specifying allowable landscape irrigation times, prohibiting water runoff or
using water to wash sidewalks, streets, etc, or using City water to wash cars or other
vehicles without using a shutoff nozzle on the end of the hose, and requires restaurants to
serve drinking water only when asked.
3
a) Public Works Water Operations/Treatment Staff and Superintendent will notify the
Public Works Director when reservoir levels prematurely drop to 80% capacity or
the Reeder Reservoir drawdown graph indicates a need to take action.
b) Public Works Director will notify the City Administrator
c) Assemble multi-department team to develop plan - members of this team will
include Public Works, Water Conservation, Management Analyst, Finance, and IT
personnel.
CURTAILMENT STAGES
Depending on the severity of the potential water shortage, the City Administrator may
implement the following water curtailment stages. Roles of the action management team
are defined in stage one. The management team will reassess action items as the
curtailment stages progress.
STAGE ONE
The following restrictions are effective during water curtailment Stage 1:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 1 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities are exempt from Stage 1 restrictions if their water
consumption is otherwise reduced by 20% from the volume of water delivered in
the same billing period for the first previous non-water curtailment year.
ACTION TEAM MEMBER TASKS
Public Works
Mail letters to high water use customers (list will be provided by the utility billing
department) that will give them a "heads up" that they should cut back on water use, and
that they will be charged for the excess amount that they use. See examples in the
attached documents.
Order and make available door hangers printed with both waste and curtailment
information. Check with the Water Department and Public Works Administration to
determine supplies on hand. CERT Volunteers may be called in to distribute the door
hangers. See examples in the attached documents.
The City's use of TID water for supplemental drinking water may affect the supply of
TID water to residential customers. Notify TID customers by mail if their water source
may be affected by the City's consumption of water that TID delivers. See examples in
the attached documents.
Assign the management analyst to act as the public information officer to deliver updates
for the media.
Water Quality Operations Staff will deliver door hangers and tent cards to the Chamber
of Commerce, Library and other public locations.
4
Finance/Utility Billing (UB)
When curtailment goes into effect, water curtailment rates will be activated in the utility
billing program and will begin charging the higher rates for over usage. The message on
the utility bill will be changed to alert customers of curtailment.
Supply Public Works Administration staff with a list of customers who were in excess of
the allotment on their latest bill (Residential, HOA's, Government and Commercial).
Set up billing system to track high water use customers.
Respond to customers inquires about how curtailment will affect them financially.
The utility billing office is the drop off point for the water curtailment exemption request
forms. When the form is received, it will be held until picked up by the water
conservation analyst for review.
The request will then be reviewed by the public works director. When the request is
approved by public works, the paperwork is returned to UB
Management Analyst
The Management Analyst will post information in local news publications, RVTV, and
on the City website at www.ashland.or.us.
Information will be provided, including the severity of the water supply shortage and
provide the specific voluntary and mandatory measures customers can implement to
reduce demand.
Conservation
Provide conservation tips to the public.
Handle exemption requests. Visit properties and educate consumers on using water
wisely.
Fire Department
Limit training exercises.
Information Technology
Set up utility billing system to calculate rate increases for users who exceed curtailment
allotments.
STAGE TWO
The following restrictions are effective during water curtailment Stage 2:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 2 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities are exempt from Stage 2 restrictions if their water
consumption is otherwise reduced by 30% from the volume of water determined
under Stage 1.
5
STAGE THREE
The following restrictions are effective during water curtailment Stage 3:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 3 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities are exempt from Stage 3 restrictions if their water
consumption is otherwise reduced by 40% from the volume of water determined
under Stage 2.
STAGE FOUR
The following restrictions are effective during water curtailment Stage 4:
1. No customer shall receive through the water meter assigned to such customer
more than the maximum volume of water for such meter indicated for Stage 4 in
the Water Allocation Table.
2. Government agencies and HOA's, including but not limited to parks, schools,
colleges and municipalities are exempt from Stage 4 restrictions if their water
consumption is otherwise reduced by 50% from the volume of water determined
under Stage 3.
3. No City water shall be used to irrigate outside plants, except for trees, shrubs and
food plants. If the customer has an irrigation meter, the irrigation meter shall not
be used. The watering of trees, shrubs and food plants shall be through the non-
irrigation meter and the total allocation shall not exceed the amount allowed for
the non-irrigation meter.
EMERGENCY INTERUPTION OF WATER SUPPLY
The water distribution supply relies on its water supply from Reeder Reservoir. A
transmission main from the treatment plant feeds water to Crowson, Granite, Alsing and
Fallon Reservoirs. An alternate supply of water is only seasonally available. In the event
of natural disaster or system failure, water would have to be trucked in from Medford for
Ashland residents.
Potential causes of water supply shortages may include, but are not limited to the
following:
• long-term drought
• fire in the watershed
• contamination that necessitates shutting down the water source
• flooding
• landslides or other natural disaster that damage water pipelines or facilities
• power outages
CONSERVATION
Residents are reminded to use water wisely. Don't use more than you need and to
conserve water. For a list of water conservation tips, refer to the City's web page at
www.ashland.or.us. Please contact the City's Conservation division at 541-552-2062, if
you want to schedule a free water audit for you home and/or garden.
EXEMPTIONS
6
AMC SECTION 14.06.060
A. Any person who wishes to be exempted from a restriction imposed by any water
curtailment stage shall request an exemption in writing on forms provided by the City
and file the request for exemption in writing with the Utility Billing Office.
B. Requests will be reviewed after a water audit is conducted by the City Water
Conservation Analyst and a determination made by the Utility Billing Account
Representative as to the validity of the request for an exemption. No exemptions will
be considered until the City has conducted a water audit.
PENALTIES AND ENFORCEMENT
The penalties for violations of AMC Section 14.06.080 shall be cumulative in that they
may be in addition to, not in lieu of, other penalties, remedies or surcharges established
by this chapter. Customers will be charged 4 times the rate for water used in excess of
the maximum volumes established in the water allocation table in stages 1, 2, and 3 of
curtailment. In stage 4, the rate charged for excess water used will be 10 times the rate.
Service may be terminated to any customer who knowingly and willfully violates any
provision of the curtailment ordinance.
ECONOMIC MEASURES
Departments are required to track any additional costs that are created due to curtailment.
Costs that may be attributed to Curtailment include:
Overtime for Staff
Extra water sampling required to add TID to the drinking water supply
Increased electricity costs for pumping TID water
Engineering fees
Curtailment notices
Door hangers
Tent and bed cards
Increased chemical treatment costs.
CURTAILMENT TERMINATION
For billing purposes, curtailment must run through one complete billing cycle.
The City Administrator is authorized to terminate waste prohibitions or water curtailment
stages upon determination that a water shortage emergency condition no longer exists.
Such determination shall be based upon factors listed in section 14.06.020 AMC. The
termination shall be effective until the next council meeting following the determination
of the City Administrator at which time the council shall either ratify or invalidate the
determination
CONCLUSION
The Curtailment Plan provides an orderly, rapid means for the City to reduce water
demand when shortages require prompt action. Publicizing the Curtailment Plan and its
trigger levels to build advance awareness will be essential to obtain quick, full
cooperation from affected water users. The Curtailment Plan is not a substitute for
7
conservation to expand supplies. Instead it protects supplies and residents from life-
threatening situations when water supplies are disrupted.
EXAMPLE LETTERS
Residential Water User Letter
CITY OF
ASHLAND
August 21, 2009
Dear Water User:
As you know, we recently asked Ashland residents and businesses to reduce their water
use by 20%- and they did. Unfortunately, the amount of water flowing into Reeder
Reservoir has decreased by one million gallons per day. Two weeks ago, approximately 4
million gallons were flowing into Reeder, that amount is now approximately 3 million.
The 20% reduction in water use is not enough to ensure we have water until the autumn
rains begin- typically sometime in October.
Our current efforts have focused on reducing water waste and water conservation.
Although this is helping, this alone is not expected to solve the City's dwindling water
supply needs. Therefore, beginning Tuesday, August 25th the City will implement Stage
One of the Water Curtailment Ordinance as defined in Municipal Code Section 14.06
(available online at www.ashland.or.us/water). Water curtailment limits the amount of
water used per account. Accounts that use more than the allotment will be billed four
times the amount of excess water used.
On the back of this letter is a chart detailing the water allotment for each stage of the
curtailment and for each account type.
Our current water use records show that the amount of water used on your latest bill was
in excess of the amount of water allowed under curtailment. This letter is to give you
advanced notice that you will be billed at the higher rate if over the allotted amount.
Please keep in mind, that the objective of the current water conservation efforts and
future water curtailment limitations is to ensure that the City has enough water for all of
Ashland through this drought year and into October or even November if need be. This
will also help to ensure that there is enough water for fire fighting purposes should there
be a need.
8
If you have any questions about your water account, please don't hesitate to call Utility
Billing at 488-6004.
Sincerely,
Michael R. Faugbt
Public Works Director
9
Example Government Water User Letter
CITY OF
ASHLAND
August 21, 2009
Dear Water Customer:
As you are likely aware, the amount of water flowing into Reeder Reservoir has
decreased by 1 million gallons per day in the past two weeks. We had very little snowfall
this past spring and don't have the water flowing into the reservoir that we normally are
experience this time of year. In addition we are in extreme fire danger and must ensure
we have sufficient water available should it be needed to fight fire.
The City of Ashland has thus implemented the first phase of its Water Curtailment
Ordinance. All government water accounts must reduce water use by 20% (accounts
include SOU/Physical Plant, Ashland School District, Parks and Recreation, Cemeteries,
National Fish and Wildlife, Oregon State Highway etc.). Although you are most likely
currently meeting that target use, we are asking that you try to reduce your water use by
another 30% in an attempt to save additional water and avoiding subsequent stages of
water curtailment. If you would like information on how to accomplish this goal, please
contact Robbin Pearce, Water Conservation Analyst, at (541) 552-2062.
Thank you in advance for you cooperation. If you have questions, please call the Water
Division at 488-5353 or Utility Billing Customer Service at 488-6004.
Sincerely,
Michael R Faught
Public Works Director
10
Example Hotel Water User Letter
CITY OF
ASHLAND
August 21, 2009
Dear Hotel Water Customer:
The City of Ashland has implemented the first phase of its Water Curtailment Ordinance.
This phase specifically relates to how water can be used and the amount of water used per
account. Accounts that use more than the allotted amount will be billed at four times the
amount of the excess water used. On the back of this letter is a table illustrating the
amount of water allocated per account.
You may recall the water curtailment was implemented in 2001. By avoiding water
waste, we hope to avoid implementing subsequent stages of water curtailment which
further limits the amount of water allowed per account.
The City, in conjunction with the Ashland Chamber of Commerce, has printed water
conservation cards and door hangers that you may place in your guest rooms. These
cards invite guests to join our water conservation efforts by requesting fresh linens on a
limited basis.
Bathroom door hangers read:
To Our Guests: Please consider the following: Towels left in the tub or on the floor will
be changed Towels replaced on the towel rack, shower rod or robe hook will indicate
you wish to reuse them.
Bed Cards read:
To Our Guests:... Sheets are customarily changed daily. If you feel this is unnecessary,
please leave this card on your pillow and your sheets will not be changed when we make
your bed.
These cards are available for pick up from the Chamber of Commerce open Monday
through Friday from 9:00 a.m. to 5:00 p.m.
Thank you in advance for you cooperation. If you have questions, please call the Water
Division at 488-5353.
Sincerely,
Michael R Faught
Public Works Director
11
Example TID Water User Letter
C I T Y O F
-ASHLAND
August 27, 2009
Dear City of Ashland T.I.D. user:
The City of Ashland instituted stage I of water curtailment on August 26`h, 2009.
T.I.D. has been an essential supplement to our drinking water supply this summer due to
low water levels in Reeder Reservoir. While the city encourages the use of T.LD water
for irrigation, customer use of this water can have an effect on how much we have
available to pump for drinking water purposes. It is necessary to reserve as much water
possible to feed the drinking water supply system through October of this year.
The City may begin cut backs on the amount of water that T.I.D. users receive in the
Granite Street to Grandview Drive sections of the ditch. It is our goal to cut TID water
use for irrigation by 50%. This may result in low and difficult to maintain flows. The
front half of the ditch, Starlite Place to Terrace Street, may also be subject to curtailment.
Some valves may be closed or restricted, cutting down on the flow of water into the
pipes.
In short, the TID canal will carry only so much water. We need to conserve as much as
we can in order to supply the drinking water needs of the public. Your participation in
conservation of our water supply is greatly appreciated. Thank you for your
understanding.
If you have any questions, please call the Water Quality Division at 488-5353.
Sincerely,
Mike Morrison
Public Works Superintendent
12
Example Door Hanger
\
1
1 I
1 I
\ I
C I T Y OF Please Do Your Part Don't Waste Water
ASHLAND The City of Ashland has implemented the first step of
water curtailment prohibiting wasting water.
Thank you Ashland citizens! Water waste is defined in the City's Municipal Code
Our water use has dropped by 20%. 14.06.100. Citizens who are cited for wasting water can
be fined as much as $500. Please...
Unfortunately, the amount of water flowing into o Don't use water to irrigate outside plants
Reeder Reservoir has decreased by 1 million between the hours of 10 am and 8 pm. Drip
gallons per day in the past two weeks. You may systems can be used during these times.
recall we had very little snowfall this past spring o Don't allow water to run off onto streets,
and we simply don't have the water flowing into sidewalks, alleys or adjacent property for more
the reservoir that we normally have this time of than five minutes.
year. In addition we are in extreme fire danger and o Don't use water to wash sidewalks, walkways,
must ensure we have sufficient water available streets, driveways, parking lots, open ground or
should it be needed to fight fire. other hard surfaces except where necessary for
public health or safety.
o Don
Even with our successful conservation efforts it is 't allow water to escape from breaks within
a plumbing system for more than 24 hours after
necessary to implement Phase One of the Water the person who owns or is in control of the
Curtailment Ordinance (Municipal Code system is notified or discovers the break.
14.06.030 found at http://ashland.or.us/Code.asp) o Don't use water to wash cars, boats, trailers,
which prohibits wasting water. The change is aircraft or other vehicles by hose without using
effective Tuesday, August 25, 2009. a shutoff nozzle except to wash such vehicles
at commercial or fleet vehicle washing
The ordinance defines the amount of water facilities using water-recycling equipment.
allowed for use in households or businesses in o Don't serve drinking water in restaurants,
each of three phases. If more water is used than the hotels, cafes, cafeterias or other public places
allotted amount, the user pays a penalty of 4 times where food is sold, served or offered for sale
unless requested
the rate for the excess water used. by the customer.
o Don't use water to clean, fill, or maintain
decorative fountains, lakes or ponds unless
The City of Ashland thanks you in advance for water is re-circulated.
your continued water conservation efforts. o Don't use water for construction, compaction
dust control, cleaning or wetting or for washing
Call 488-5353 for more information. buildings (except in preparation of painting).
CITY OF
ASHLAND
CITY OF
-AS H LAN D
Council Communication
April 15, 2013, Study Session
Economic Development Strategy, Phase Two Implementation Plan
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
The Economic Development Strategy adopted in July of 2011 contained an implementation plan sorted
into three priority levels. With the completion of the bulk of the priority one implementation actions,
staff presented a review of the work completed as well as a proposed update to the implementation
plan at the Council meeting of March 19, 2013.
The proposed "phase two" update maintains the existing Strategy framework with remaining actions
re-prioritized based on a variety of factors, including results of the Business, Retention and Expansion
survey (B,R&E) and discussions and updates from the City's local and regional economic development
partners. At the March 19 meeting, Council requested that the proposed implementation plan update
be scheduled for a Study Session to discuss the plan contents and provide further staff direction prior
to the formal deliberation of the plan at a Council Business Meeting.
BACKGROUND AND POLICY IMPLICATIONS:
The six priority one actions identified in the initial implementation plan document included the
following:
1.1 Conduct a taneeted Business Retention and Expansion survey C►omplete
1.2 Designate City Staff "point of contact" for economic development Complete
need s/,p ro i ects/,interaction s
2.1 Formalize relationships and roles for Ashland specific strategy implementation OO n-going
® among major partners
3.1 M7770i7e impacto f existing Economic Development/ cultural Brant process Complete
6.1 Evaluate the use of urban renewal districts to spur private reinvestment in C+omplete
taneeted commercial and employment areas of Ashland
7.1 Improve the land Use Development Process In Progress
The attached 2013-14 Strategy implementation plan 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 phase two update focuses exclusively on revising and reprioritizing the
remaining actions based on feedback and input from the B,R&E, draft 2013 Council goals, as well
with the City's economic development partners and other local stakeholders.
Page I of 3
Wr,
CITY OF
ASHLAND
Approval of a phase two implementation plan will provide continued program consistency and build
upon prior work products and successes and reinforce the City's stated support and desire to be an
appropriately active participant in expanding and strengthening the local economy.
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. The following chart provides an
initial assessment of projected costs for the proposed phase two plan. Specific project costs will be
presented to Council prior to implementation.
Draft Priority One Actions Estimated City Cost
(FY r
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 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 R mentoring program Board with specific
implementation to follow
4.1 Develop/expand programs to connect local education partners with business $10,000
community for experience and exposure to entrepreneurship, business development
& operations
* Contains multiple projects relating to information/daWrnarketing:_ See attached draft plan update for detail
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?
Page 2 of 3
CITY OF
ASHLAND
• Are there changes needed to the priority levels of individual actions?
• Are the proposed funding levels appropriate?
After incorporating Council direction, the "phase two" implementation plan document will be added to
the original Strategy as an appendix or attached exhibit and will be presented for Council approval at
an upcoming Business Meeting.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Economic Development Strategy Implementation Plan - Annual Review
Draft "Phase Two" Strategy Implementation Plan
Memo regarding Mayor's proposed additions
Adopted 2011 Economic Development Strategy - www.ashland.or.us/strategy
Page 3 of 3
~r,
CITY OF
ASHLAND
'Economic Development Strategy
Implementation Plan
Annual Review-
~ ~ tMarch~2013~~
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.
4
gnnuual Review' .m w
5 f ~/{Y 1
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
1 `
ECOnOIit1C 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 `
EConottAC 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 `
EConorniC DEVELOPMENT STRATEGY
Enhancing economic strength in community
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 `
Econortlk DEVELOPMENT STRATEGY
Enhancing economic strength in community
CITY OF
ASHLAND
Economic Development Strategy
Implementation Plan
Phase Two Implementation"
Apri1,2013
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 slightly 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 expanding the economic base of the community
• Supporting creation and growth of businesses and non-profit/public sector organizations that
use and provide local and regional products and services
• 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)
1
EConoItdC DEVELOPMENT STRATEGY
Enhancing economic strength in community
• 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.
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 jumping 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 organizations, the term businesses should be
defined to reference the inclusion of non-profits 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.
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
2
ECOSO1l iC DEVELOPMENT STRATEGY
Enhancing economic strength in community
• 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
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 time)
actions 7.2 and 7.3
2.1 Formalize relationships and roles .I 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
[:ecohomic .2 Create formal and routine ❑ BizOR. Chamber, City, City/SOREDI Econ Dev budget
ommunication with all regional JackCo, SORE DI, SOU, (staff time)
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 BizOR, Chamber, City, City/SOREDI Econ Dev/Admin
E-Commerce Zone for Ashland JackCo, SOREDI budget (Staff time)
6:5 Evaluate land availability for ❑ City City Comm Dev budget
business expansion on lands on or (Staff time)
adjacent to existing businesses
1.5 Assist local businesses in energy, City, Chamber City Econ Dev Budget
water, waste, supply chain reductions Conservation (Staff
and efficiencies time)
3
ECOSOMlC DEVELOPMENT STRATEGY
Enhancing economic strength in community
4.2 Develop, promote, and expand A, Chamber, City, Job Cily/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 .I * Chamber, City, City/Chamber/Job TBD
resource & mentoring program I SOU/RCC-SBDC Council
4.1 Develop/expand programs to ASD, SOU/RCC, City/Chamber/Job Econ Dev budget
connect local education partners with I Chamber, Job Council, CounciVASD (staff time)
business community for experience SOREDI, City
and exposure to entrepreneurship,
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.
Individual Action Detail
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 1 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 BizOR, Chamber,
economic development partners City. JackCo,
4
ECOSornk DEVELOPMENT STRATEGY
Enhancing economic strength in community
SOREDI, SOU, ROC,
SBOC, 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.
3v3 Create a coordinated economic development information BizOR, Chamber,
and marketing plan to maximize public communication City, SOREDI,
tools SOU/ROC
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,
community TV (Rvrv), 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, government innovation/partnerships
6.4 Pursue the expansion of a State E-Oommerae Zone within 2 BIZOR, Chamber,
Ashland City, Jae Re
SOREM
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 developmentlexpansion 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
5
ECONOMIC DEVELOPMENT STRATEGY
Enhancing economic strength in community
development of legislation to expand the availability of e-commerce benefits if the application for award
is not selected.
6.5 Evaluate land availability for business expansion on lands 3 BizOR, Chamber,
on or adjacent 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.
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 energy, water, waste, supply 3 C*ity, Recology, Parks
chain reductions and efficiencies & Rec, DEQ, Avista
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, Avlsta-Nat gas, DE4) 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.
6
ECOSOnuC DEVELOPMENT STRATEGY
Enhancing economic strength in community
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.
mlilwo te, and 1 * er, C>ity, JoChamber/Job EcoDeGn t
programs @ouncif, SOREDI C>ouneil ocontact
itlentified
1.4 Create/Expand a local nbl~w=
business resource & mentoring program ~
4.1 Develop%expand programs 1 * ASD, SOU/RCC, ASD/Job Econ Dev budget
to connect local'',education C>hamber, 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.
7
Economic DEVELOPMENT STRATEGY
Enhancing economic strength in community
Priority 2 Items (7 items)
1.6 Determine feasibility/demand for n BizOR, Chamber, City, Chamber/SOU TBD
local business assistance and support L SOREDI, SBDC, RCC;
office SOU
3.2 Create opportunities for increased ❑ City. Chamber. SORE DI Chamber Econ.Dev budget
local access to funds
(staff time)
5.1 Maximize City funded marketing ❑ Chamber, City Chamber Econ D Grant or
efforts targeted for "year-round" contrail
tourism
J
5.2 Determine market feasibility fora Chamber, City, OSF, City Econ Dev budget
convention/community center SOU (Staff time + contract)
5.3 Develop in capital improvement ❑ Ciry City City budget
plan and maintenance strategy for the
(Staff time +contract)
Plaza and downtown
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 L n* Chamber, City, SORE DI, 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)
1.3 Increase opportunities for local Chamber, City, SOU, THRIVE Econ Dev Grant or
import substitution and local to local 13 THRIVE contract
purchasing
6.2 Complete and maintain publicly 3* City City PW budget
accessible real-time online buildable
(Staff time)
lands inventory
6.6 Determine feasibility and Econ Dev/Admin
cost/benefit for public purchase of key
industrial lands to make "shovel ready" 3 city city budget
for re-sale for business development (Staff time)
8
j ECOILOA iC DEVELOPMENT STRATEGY
Enhancing economic strength in community
7.4~Update the Economy Element of ~ ~ City City Comm Dev/Ec
the Comprehensive Plans, budget (Staff tion Dev
me)
7.5 P 01 e,publie access-to City City PW budget
developmenttrelate d dalalsets (GIS
Mapping) (Stafftime)
7.6 Integrate existing sustainable Cily City Comm Day budget
development concepts & pramices.into (staff time)
developmenubtanda rds
7.7 Create and def ne quantifiable g City City Grant or wntract
community "Qualdy of'Lnet indicators J
to measure economic development
strategy success, both monetary and
non-monetary
7 8 Develop and-lmplement,"a Fade Chamber City City Econ Dev/Admin
Improvement,Program (I~ 'i it~~ ~4E budget (Staff time)
* Possible data set to be incorporated into proposed action 3.3.1 - Business Resource Portal
9
ECOnoMiC DEVELOPMENT STRATEGY
Enhancing economic strength in community
CITY OF
ASHLAND
Memo
TO: Mayor and City Council
FROM: Dave Kanner, city administrator
DATE: April 10, 2013
RE: Mayor's proposed additions to the Economic Development Strategy
In addition to the staff=proposed update to the Economic Development Strategy, the Mayor 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 this proposed eighth strategy, the Mayor has proposed 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 group 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
I recommend specific discussion of these items for inclusion in the updated Economic Development
Strategy.
DAVE KANNER, CITY ADMINISTRATOR
20 E. Main St.
Ashland, 97520
541-552-21 2103
dave.kanner@ashiand.or.us
CITY OF
ASHLAND
Council Communication
April 15, 2013, Study Session
Application of Lodging Tax and Business License Requirements for Short Term
Vacation Rentals by Owners
FROM:
David Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY
The City's ordinances concerning short-term lodging (30 days or less) were written before the rapid
growth of internet-facilitated vacation rentals by owners and did not contemplate this new
phenomenon. At its August 12, 2012 study session and it March 5, 2013 business meeting, the
Council and interested citizens discussed the resulting disparities between short-term vacation rentals
by owners and other short term lodging arrangements in terms of zoning requirements and
enforcement, lodging tax, and business licensing.
To arbitrate a fair resolution of these disparities with respect to zoning requirements, the Council will
need to get determinations from the Planning Commission and thoughtfully consider additional input
from citizens and staff. As to business licensing and the transit occupancy tax, however, establishing a
level playing field for all short tern lodging arrangements should be conceptually straightforward and
readily achievable with some relatively minor changes to the relevant ordinances.
BACKGROUND AND POLICY IMPLICATIONS:
The current ordinances on Business Licensing (AMC 6.04) and Transient Occupancy Tax (AMC 4.24)
are written in terms broad enough to encompass short-term vacation rentals by owners, as well as bed
& breakfast and hotel and motel establishments. While there can be little doubt that the current
business licensing and lodging tax requirements both apply to vacation rentals by owners, the two
provisions use different terminology and each contains ambiguities that may partly explain lax
compliance by owners of homes used for vacation rentals. The changes proposed for the Business
Licensing and Transient Occupancy Tax ("TOT") ordinances are shown in the attached "redline"
versions and are largely self-explanatory. The comments on each ordinance below provide some
further explanation and highlight policy questions prompted by the proposed changes.
Business Licenses
The term defined in Sectiofi 6.04.020A is proposed to become "business activity" instead of just
"business" and is defined so as to unambiguously include rental activities. The suggested revised
ordinance consistently uses "business activity" instead of multiple similar terms, as the current
ordinance does.
The required "intent to make a profit" in current Section 6.04.020A is recast as the "intent of receiving
payment" because many homeowners renting out their houses on a short term basis have multiple
objectives that do not include profit but do include partially offsetting expenses.
Pagel U3
91FAX,
CITY OF
ASHLAND
Vacation rentals are newly defined as "travelers accommodations", consistent with terminology in the
TOT ordinance and the City's land use ordinances.
Policy Questions:
• Given that the owner of one short-term vacation rental has to get a business license, is six rental
units the right threshold for triggering the business license requirement for the owner of long
term rental units? See proposed AMC 6.04.085A(7).
• Should home exchanges be exempted since no money changes hands? See proposed AMC
6.04.085A(8).
• Should owners who have been using their homes for short-term vacation rentals be required to
pay penalties pursuant to AMC 6.04.150 for not getting business licenses when required in the
past?
Transient Occupancy Tax
The term "hotel" in current AMC 4.24.01 OB and throughout the ordinance is confusing. It is replaced
in the proposed new version by "travelers accommodation," and defined so as to explicitly include
single-family houses. The proposed definition coincides with the terminology in the City's current
land use ordinances and in the proposed revised business licensing ordinance discussed above.
Because the current lodging tax already clearly applies to short-term vacation rentals by owners,
replacing "hotel" with a more appropriate term for the multiple types lodging to which the TOT applies
is the only recommended change to this ordinance.
Policy questions:
• Should the City immediately begin requiring full payment of the TOT for short term vacation
rentals by owners given the past lack of general awareness and enforcement?
• Should owners who have been using their homes for short-term vacation rentals be required to
pay TOT taxes on revenues from rent in past years? Should penalties for non-payment of the
TOT be imposed in these circumstances?
o Should the answer to these questions vary according to whether the owner has been
occupying the home for at least most of each year in the past?
o Should the answer to these questions vary according to whether the owner ceased such
short-term rentals after becoming aware of the applicable lodging tax and business
license requirements?
Should the City undertake proactive enforcement - as opposed to complaint-driven enforcement? If
so, where should the resources for more active enforcement come from?
FISCAL IMPLICATIONS:
The proposed changes to AMC Chapters 4 and 6 presumably would increase TOT and business license
revenue to the City by amounts that are not currently determinable. For at least the first year or so of
implementation, considerable additional staff time would have to be dedicated to new code
enforcement efforts and, likely, to challenges to enforcement actions in municipal court.
Page 2 of 3
,W,
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Provide guidance to staff on the policy questions outlined above and on which revisions to the TOT
and business license ordinances to place on the Council business meeting agenda for decision.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Proposed revised AMC 4.24, with changes shown
Proposed revised AMC 6.04, with changes shown
Page 3 of 3
~r,
ASHLAND MUNICIPAL CODE
CHAPTER 4.24
TRANSIENT OCCUPANCY TAX
SECTIONS:
4.24.010 Definitions.
4.24.020 Tax Imposed
4.24.030 Exemptions.
4.24.040 Operator's Duties.
4.24.050 Registration.
4.24.060 Reporting and Remitting.
4.24.070 Penalties and Interest
4.24.080 Failure to Collect and Report Tax--Determination of Tax by Tax Administrator.
4.24.090 Appeal.
4.24.100 Records.
4.24.110 Refunds.
4.24.120 Actions to Collect.
4.24.130 Violations
4.24.140 Confidentiality
4.24.150 Examining Books, Records or Persons.
SECTION 4.24.010 Definitions.
Except where the context otherwise requires, the definitions contained in this section shall govern the
construction of this chapter:
A. Person shall mean any individual, firm, partnership, joint venture, association, social club,
fraternal organization, joint stock company, corporation, estate trust, business trust, receiver,
trustee, syndicate, or any other group or combination acting as a unit.
B. NotekTravelers Accommodation shall mean any structure, or any portion of any structure, which
is occupied, or intended or designed for occupancy by transients for dwelling, lodging or sleeping
purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel,
lodging house, rooming house, cabin, single-family house, multifamily housing, apaAment-house
dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar
structure or portion thereof.
C. Occupancy shall mean the use or possession, or the right to the use or possession of any room or
rooms or portion thereof, in any-hate)- travelers accommodation or recreational vehicle/camping
park for dwelling, lodging or sleeping purposes.
D. Transient shall mean any person who exercises occupancy or is entitled to occupancy in a-hotel
travelers accommodation or recreational vehicle/camping park by reason of concession, permit,
right of access, license or other agreement for a period of thirty (30) consecutive calendar days or
less, counting portions of calendar days as full days. Any such person so occupying space in a
hotel or recreational vehicle/camping park shall be deemed to be a. transient until the period of
thirty (30) days has expired unless there is an agreement in writing between the operator and the
occupant providing for a longer period of occupancy.
transient, uiiinteFfupted pefieds of tifne expending both pr-oF and subsequepA iii the effeefiN,e date
E. Rent shall mean the consideration charged, whether or not received by the operator, for the
Page 1 of 7
ASHLAND MUNICIPAL CODE
occupancy of space in a hotel or recreational vehicle/camping park valued in money, whether to
be received in money, goods, labor or otherwise, including all receipts, cash, credits and property
and services of any kind or nature, without a deduction therefrom whatsoever. Rent is the total
consideration paid by a transient for occupancy of a room or space. In addition to amount
charged for room, rent includes charges by operator for meals, parking, telephone, and other
items unless such items are separately incurred and specifically itemized on a duplicate customer
pre-numbered receipt. Rent is the total consideration paid by a transient.
F. Operator shall mean the person who is proprietor of the hotel travelers accommodation or
recreational vehicle/camping park, whether in the capacity of owner, lessee, sublessee, mortgagee
in possession, licensee or any other capacity. Where the operator performs any functions or
charging or receiving rent through an agent of any type or character other than an employee, the
agent shall also be deemed an operator for the purposes of this chapter and shall have the same
duties and liabilities as the principal. Where the operator is a corporation, the term operator shall
also include each and every member of the Board of Directors of such corporation for the time
involved. Compliance with the provisions of this chapter by either the principal or the agent
shall, however, be considered to be compliance by both.
G. Tax Administrator shall mean the Director of Finance of the City of Ashland, or designee.
H. Recreational Vehicle/Camping Park shall mean a development designed principally for the
transient housing of travel trailers, mobile homes, tent trailers, motor homes, and for tent
camping. (Ord. 1907, 1977; Ord. 1975, 1978)
t. Accrual Accounting. A system of accounting in which the operator enters the rent due from a
transient into the record when the rent is earned, whether or not it is paid.
J. Cash Accounting. A system of accounting in which the operator records the rent due from a
transient when it is paid, regardless of when the person occupies the room.
K. Full Breakfast. A complete meal served to occupant of the room consisting of a minimum of
three prepared items plus beverage. The full breakfast must be served on dinnerware and
presented in a common area furnished with table(s) and seating, not in a restaurant open to the
public. (Ord. 2632, 1991)
SECTION 4.24.020 Tax Imposed
For the privilege of occupancy in any hete}travelers accommodation or recreational vehicle/camping park,
each transient is subject to and shall pay a tax in the amount of nine (9%) percent of the rent charged by
the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by
payment to the operator of the hotel at the time the rent is paid. The operator shall collect and record the
tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting,
and when earned if the operator keeps records on the accrual accounting bases. If the rent is paid in
installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be
due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to
the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax
Administrator. (Ord 1907, 1977; Ord 2024 Sl, 1979; Ord 2632, 1991; Ord 2674; 1992)
(2960, amended, 10/01/2008)
Page 2 of 7
ASHLAND MUNICIPAL CODE
SECTION 4.24.030 Exemptions.
No tax shall be imposed upon:
A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to
impose the tax herein provided;
B. Any occupant whose rent is of a value of $15.00 or less per day. This amount shall be adjusted
on July 1 of each year based on the change in the Portland Consumer Price Index. (Ord. 2216,
1982; Ord. 2745, 1994)
C. Any officer or employee of a foreign government who is exempt by reason of express provision
of federal law of international treaty.
D. The amount attributable to one full breakfast per day for a transient at a Bed and Breakfast
establishment. However, in no case shall the exemption exceed the greater of 10% of the total
amount charged per transient or $10.00 per day. This amount shall be adjusted on July I of each
year based on the change in the Portland Consumer Price Index.
E. Any room donated to a non-profit organization claiming exemption under IRS code 501.
F. Any room rented by the Ashland Interfaith Care Community, or such other organization
specifically recognized by the City Council for providing services to the homeless, for occupancy
by a homeless person or persons. (Ord. 2692, 1992)
No exemption shall be granted except upon written claim therefor made at the time rent is
collected and under penalty of perjury upon a form prescribed by the Tax Administrator. (Ord.
1907, 1977; Ord. 2632, 1991)
SECTION 4.24.040 Operator's Duties.
Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the
rent is collected from every transient. The amount of tax shall be separately stated from the amount of
the rent charged, and each transient shall, upon demand, receive a receipt for payment from the operator.
No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or
any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or
that, if added, any part will be refunded except in the manner hereafter provided. Every operator
required to collect the tax imposed herein shall be entitled to retain five percent (5%) of all taxes collected
to defray the costs of collections and remittance. (Ord. 1907, 1977; Ord. 2632, 1991)
SECTION 4.24.050 Registration.
Within thirty (30) days after the date of adoption of this chapter or within thirty (30) days after
commencing business, whichever is later, each operator of any-hate[- travelers accommodation or
recreational vehicle/camping park renting occupancy to transients shall register said betel travelers
accommodation or recreational vehicle/camping park with the Tax Administrator and obtain from him/her
a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the
premises. Said certificate shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel travelers accommodation or recreational vehicle/camping park;
C. The date upon which the certificate was issued; and
D. The following statement:
"This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has
fulfilled the requirements of this part by registering with the Tax Administrator for the purpose of
collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator.
This certificate does not authorize
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ASHLAND MUNICIPAL CODE
any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner,
nor to operate a-hotel - travelers accommodation or recreational vehicle/camping park without strictly
complying with all local applicable laws, including but not limited to those requiring a permit from any
board, commission, department or office of this City. This certificate does not constitute a permit."
(Ord. 1907, 1977; Ord. 1975 S3, 1978; Ord. 2632, 1991)
SECTION 4.24.060 Reporting and Remitting.
Each operator shall, on or before the 25th day of the month following the end of each calendar quarter (in
the months of April, July, October and January), make a return to the Tax Administrator, on forms
provided by the City, of the total rents charged and received and the amount of tax collected for transient
occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the
Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate
holder if he/she deems it necessary in order to insure collection of the tax and the Administrator may
require further information in the return relevant to payment of the liability. Returns and payments are
due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to
this chapter shall be held in trust for the account of the City until payment thereof is made to the Tax
Administrator. (Ord. 1907, 1977; Ord. 2632, 1991)
SECTION 4.24.070 Penalties and Interest
A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter
within the time required, shall pay a penalty of ten percent (10%) of the amount of the tax, in addition
to the amount of the tax.
B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a
period of thirty (30) days following the date on which the remittance first became delinquent, shall
pay a second delinquency penalty of ten (10%) percent of the amount of the tax in addition to the
amount of the tax and the ten (10%) percent penalty first imposed.
C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this
chapter is due to fraud, a penalty of twenty-five (25%) percent of the amount of the tax shall be added
thereto in addition to the penalties stated in subparagraphs (A) and (B) of this section.
D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this
chapter shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount
of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until
paid.
E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions
of this section shall become a part of the tax herein required to be paid.
F. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to
AMC 2.28.045.13
(Ord 2983, amended, 05/05/2009)
SECTION 4.24.080 Failure to Collect and Report Tax--Determination of Tax by Tax
Administrator.
If any operator should fail to keep adequate records or refuse to collect said tax, or to make, within the
time provided in this chapter, any report and remittance of said tax or any portion thereof required by this
chapter, the Tax Administrator shall proceed in such manner as deemed best to obtain facts and
information on which to base the estimate of the tax due. As soon as the Tax Administrator shall procure
such facts and information as is able to be obtained, upon which to base the assessment of any tax
imposed by this chapter and payable by any operator who has failed or refused to collect the same and to
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ASHLAND MUNICIPAL CODE
make such report and remittance, the administrator shall proceed to determine and assess against such
operator the tax. interest and penalties provided for by this chapter. In case such determination is made,
the Tax Administrator shall give a notice of the amount so assessed by having it served personally or by
depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last
known place of address. Such operator may within ten (10) days after the serving or mailing of such
notice make an appeal of such determination as provided in Section 4.24.090 of this chapter. If no
appeal is filed, the Tax Administrator's determination is final and the amount thereby is immediately due
and payable. (Ord. 2632, 1991)
SECTION 4.24.090 Appeal.
Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax,
interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City
Administrator within fifteen (15) days of the serving or mailing of the determination of tax due. The
Council shall fix a time and place for hearing such appeal, and the City Administrator shall give five (5)
days written notice of the time and place of hearing to such operator at the last known place of address.
The Council shall hear and consider any records and evidence presented bearing upon the Tax
Administrator's determination of amount due, and make findings affirming, reversing or modifying the
determination. The Findings of the Council shall be final and conclusive, and shall be served upon the
appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due
shall be immediately due and payable upon the service of notice. (Ord. 2632, 1991)
SECTION 4.24.100 Records.
It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed
by this chapter to keep and preserve, for a period of three (3) years, all such records as may be necessary
to determine the amount of such tax. The Tax Administrator shall have the right to inspect all records at
all reasonable times. Every operator shall, at a minimum, maintain guest records of room rents,
accounting books and records of income. The operators shall, at a minimum, include n these records a
daily room rental register, a cash receipts and deposit journal. These records and books shall reconcile to
the transient room tax reports and be audible. They shall also reconcile to the operator's income tax
reports. If the Tax Administrator finds the books and records of the operator deficient, in that they do not
provide adequate support for transient room tax reports filed, or the operator's accounting system is
non-auditable, it shall be the responsibility of the operator to improve their accounting system to the
satisfaction of the Tax Administrator.
SECTION 4.24.110 Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has
been erroneously or illegally collected or received by the City under this chapter, it may be refunded
as provided in subparagraphs (B) and (C) of this section, provided a claim in writing therefor, stating
under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax
Administrator within three (3) years of the date of payment. The claim shall be on forms furnished
by the Tax Administrator.
B. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount
overpaid, paid more than once or erroneously or illegally collected or received when it is established
in a manner prescribed by the Tax Administrator that the person from whom the tax has been
collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed
unless the amount of the tax so collected has either been refunded to the transient or credited to rent
Page 5 of 7
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subsequently payable by the transient to the operator.
C. A transient may obtain a refund of taxes overpaid or paid more than once, or erroneously or illegally
collected or received by the city, by filing a claim in the manner provided in subparagraph (A) of this
section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the
transient having paid the tax to the operator, established to the satisfaction of the Tax Administrator
that the transient has been unable to obtain a refund from the operator who collected the tax.
D. No refund shall be paid under the provisions of this section unless the claimant establishes that right
hereto by written records showing entitlement thereto.
SECTION 4.24.120 Actions to Collect.
Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt
owed by the transient to the city. Any such tax collected by an operator which has not been paid to the
City shall be deemed a debt owed by the operator to the city. Any person owing money to the City under
the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for
the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when
taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So
long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the
City turns over a delinquent tax account to a collection agency, it may add to the amount owing an
amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the
outstanding tax, penalties and interest owning.
(Ord 2931, Amended, 09/19/2006)
SECTION 4.24.130 Violations
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter
for any operator or other person to:
A. Fail or refuse to comply as required herein;
B. Fail or refuse to register as required herein;
C. Fail or refuse to furnish any return required to be made;
D. Fail or refuse to permit inspection of records;
E. Fail or refuse to furnish a supplemental return or other data required by the Tax Administrator;
F. Render a false or fraudulent return or claim;
G. Fail, refuse or neglect to remit the tax to the city by the due date.
Violation of subsections A-E and G above shall be considered a Class I violation. Filing a false or
fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies
provided by this section are not exclusive and shall not prevent the City from exercising any other remedy
available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other
appropriate prosecutor from pursuing criminal charges under state law or city ordinance.
(Ord 3023, amended, 08/03/2010)
SECTION 4.24.140 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to
divulge, release or make known in any manner any financial information submitted or disclosed to the
City under the terms of this Ordinance. Nothing in this section shall prohibit:
Page 6 of 7
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A. The disclosure of the names and addresses of any person who are operating a-betel- travelers
accommodation or recreational vehicle/camping park; or
B. The disclosure of general statistics in a form which would prevent the identification of financial
information regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of
any criminal or civil claim for amount due the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt information is
ordered under public records law procedures; or
E. The disclosure of records related to a business's failure to report and remit the tax when the report
or tax is in arrears for over six months or the tax arrearage exceeds $5,000.00. The City Council
expressly finds and determines that the public interest in disclosure of such records clearly
outweighs the interest in confidentiality under ORS 192.501(5).
(Ord 3023, amended, 08/03/2010)
SECTION 4.24.150 Examining Books, Records or Persons.
The City, for the purpose of determining the correctness of any transient occupancy tax return, or for
the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or
representative designed by it for that purpose, any books, papers, records, or memoranda, including
copies of operator's state and federal income tax returns, bearing upon the matter of the transient
occupancy tax return. (Ord. 2632, 1991)
Page 7 of 7
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CHAPTER 6.04
BUSINESS LICENSES
SECTIONS:
6.04.010 Purpose and Scope.
6.04.020 Definitions
6.04.030 Business License Required.
6.04.050 License Applications.
6.04.060 Two or More Businesses on Same Premises.
6.04.070 Two or More Business Premises.
6.04.080 License Tax Schedule
6.04.085 License Tax Exemptions.
6.04.090 Term.
6.04.100 Issuance of License.
6.04.105 Duplicate License.
6.04.110 Transfer of License.
6.04.115 Consumer Protection Revocation
6.04.120 Temporary License.
6.04.130 Delinquent Penalty.
6.04.140 License Must be Displayed.
6.04.150 Penalties
6.04.160 Evidence of Doing Business.
6.04.170 Confidentiality
6.04.180 Examining Books, Records, or Persons.
6.04.190 Appeals
6.04.200 Records.
6.04.210 Time of Effect.
SECTION 6.04.010 Purpose and Scope.
The business license taxes imposed by the terms of this Chapter are for revenue purposes only. Neither
the acceptance of the prescribed lax nor the issuance of the applicable license shall be construed to
constitute a regulation or approval of any business activity or a permit to engage in any activity otherwise
prohibited by law or ordinance, or a waiver of any regulatory licensing requirement imposed by any
ordinance other than this,
SECTION 6.04.020 Definitions
A. J3usiness activity. Conducting any occupation, calling, trade. Profession, or other transactional Formatted: undedi.
activities including rental of six (6) or more dwelling units and any short term travelers
accommodation, with the intent of receiving payment or other valuable consideration
intent
Formatted: Indent: 4a: 0"
2. That the ^r' is any, more to the benefit on`- _
B. Travelers accommodation. Any structure. or any portion of any structure. which is occupied or
intended or designed for occupancy by transients for dwelling lodging or sleeping ourroses and
Pagel of6
ASHLAND MUNICIPAL CODE
includes any hotel, inn, tourist home or house. motel. studio hotel bachelor hotel lodging house,
rooming house, single-family house. multifamily housing dormitory, public or private club mobile
home or house trailer at a fixed location, or other similar structure or a portion thereof,
C. Short-term travelers accommodation rental, The acceptance of payment or other valuable
consideration in exchange for use of travelers accommodations for periods of 30 days or less
business activity.
E. Person. Includes a person, ee-partner, partnership, limited liability company, or corporation.
Singulia: ineltales PlufaL
F. Owner. A person having-anwho has a financial interest in a business activily; or who isexd-actively
eng%ge4sngUp.% in the operation of said-abusiness activity.
G. Employee. Any individual who performs service for another individual or organization having the
right to control the employee as to the services to be performed and as to the manner of performance.
For purposes of this ordinance employee also means a licensed real estate sales person or associate
real estate broker who engages in professional real estate activities only as an agent of a real estate
broker or organization.
H. properties.
(Gfd. 2539
'1989;QFd. 2631 1991)
SECTION 6.04.030 Business License Required.
It shall be unlawful for any persons for themselves, or as agent or employee of another, to undertake a
business activity -within the
City of Ashland, Oregon, unless:
A. Such business activity has been duly licensed as herein provided, and the license is valid at the
time of the business activity' or
B. The business activity is exempt pursuant to AMC 6.04.08 The lueense is solid in the time of the
trsnseetier
SECTION 6.04.050 License Applications.
A. Applications for business licenses shall be submitted on forms to be provided by the Finance
Department. Every such application shall be signed by the owner or a duly authorized agent and
shall contain the following information:
1. Name of person or persons owning busines ; if a eeftieratien, the ' or an authorized
officer;
2. Assumed business name, and phone number, if any;
3. Address a`r`cs-`- - premises nd mailing address and phone number of applicant, the owner(sl
of the business activity and of its principal place of business;
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AS[]LAND MUNICIPAL CODE
4. Nature of the business activi ;
5. Number of employees;
6. Emergency contact name and telephone.
B. .:nffe If the business ixeFudes activities are classifiable in two (2) or more categories, the primary or
predominant activity should be designated.
C. Where -If the business Pfefflises of an applielant are s principal place of business is outside the
City, the application shall specify the number of employees to be engaged in the t.a...,oaion o the
business ivil within the City, and the license issued on the basis thereof, shall be valid only to
permit the specified number of employees to arimseet ;essconduct the business activity within the
City at any one time.
D. License taxes shall be computed on the basis of information contained in the application, and it shall
be unlawful for any person knowingly to sign or submit a business license application containing
false information.
E. The City shall prepare blank business license applications and make them available at City Hall upon
request.
F_Failure to receive or secure a fi F busincss license-application shall not relieve any person from the
obligation to pay a license fee and obtain a license under this ordinance. (Ord. 2631 1991)
SECTION 6.04.060 Two or More Businesses on Same Premises.
If two (2) or more differently classified, but related `t*si~busincss activities, are carried on in the
same premises by the same owners, one license issued in the name of the business activity to which the
premises are primarily appropriated, and based upon the total number of employees or other units on the
whole premises, shall be sufficient for all such activities. Any business activity leased, under concession
to, or owned wholly or in part by a different person or persons on the same premises must be separately
licensed.
SECTION 6.04.070 Two or More Business Premises.
The conducting of a activity at two (2) or more separate-discrete locations
shall, for the purposes hereof, be deemed to be separate `i;esse business activities, and each shall be
subject to the license tax herein provided for, except that rental properties, warehouses and distributing
plants used in connection with and incidental to a business activity licensed under the provisions of this
Chapter shall not be deemed to be separate places of business, or branch establishments, or separate types
of businesses. (Ord. 2538 S2, 1989; Ord. 2631, 1991)
SECTION 6.04.080 License Tax Schedule
A person licensed under this chapter shall pay the appropriate business license fee as set by Resolution.
(Ord 3047, amended, 04/19/2011; Ord 2926, emended, 06/06/2006)
SECTION 6.04.085 Business License TExemptions.
A. The following persons and activities are exempt from the license requirements imposed by the
Business License Law.
1. Persons whom the City is prohibited from licensing or taxing under the constitution or laws of the
United States, the constitution or laws of the State of Oregon, or the Charter of the City.
1 Non-profit or charitable, religious or educational organizations which have received a tax exempt
certificate from the Internal Revenue Service, and which devote the net proceeds from the sale of
goods or services to the purpose of the organization.
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ASHLAND MUNICIPAL CODE
3. The sale of personal property acquired for household or other personal use by the seller, provided
that the total length of sale is fewer than 4 days in any one calendar year.
4. The operation of a display space, booth or table maintained for displaying or selling merchandise
at any trade show, convention, festival, fair, market, or swap meet, provided that the sponsor of
the event is licensed to do business.
5. Any Family Day Care Provider who regularly provides day care in the providers home in the
family living quarters, or any babysitter who goes into a home of a child to give care during the
temporary absence of the parent, legal guardian, or custodian.
6. Any unincorporated business activity carried on by individuals under the age of 18. EOM. 2122
1981 t Ofil. 2315 81, 199 4 t end, 2631 199 1)
7. Rental of more five (5) or fewer dwelling units, including travelers accommodations, for periods
of 31 days or more.
8 Dwell in -for-dwellin home exchan es in which neither owner receive monetary compensation,
SECTION 6.04.090 Term.
The business license term shall be for a fiscal year, beginning July I and ending June 30 of the next year,
and business license taxes are due annually on or before July 1, of the fiscal year for which the license is
required.
(Ord 2926, amended, 06/06/2006)
SECTION 6.04.100 Issuance of License.
Upon receipt of an application duly signed and executed as heremabove prescribed, together with the
required tax, the Finance Department shall issue a business license to any applicant desiring to trenseeEer
conduct any lawful business activity within the City. If the City has knowledge that the applicant is
engaging in, or proposes to engage in an unlawful activity, the City shall return the fee to the applicant,
along with the reason for so doing, and shall refuse to issue a license.
SECTION 6.04.105 Duplicate License.
A duplicate license shall be issued upon application and payment of a fee of $10 to replace the license
previously issued which was lost or destroyed.
SECTION 6.04.110 Transfer of License.
No transfer of assignment of any license issued under this Chapter is valid or permitted, except that when
a person sells or transfers a business aclivi for which such license has been issued, the purchaser is not
required to pay an additional license tax for the remainder of the fiscal year, provided the person sellin
the business seller notifies the Finance Department in writing of the transfer of the business activity. If
the location of a business activity is changed, but the nature of the business activity is unchanged, the
license may be transferred to the new location.
SECTION 6.04.115 Consumer Protection Revocation
Any individual or firm against whom ajudgment is entered for fraud related to the business activity
for which the license is issued, or which occurred within five (5) years preceding the date of application,
Page 4 of 6
ASHLAND MUNICIPAL. CODE
shall be subject to denial or revocation of a license to conduct business activities within the City of
Ashland. Denial and or Revocation are subject to the appeal process of AMC 2.30.
(Ord 3024, amended, 08/03/2010)
SECTION 6.04.120 Temporary License.
If a business activity licensed under this chapter is for a limited duration of not more than 30 days the fee
will be $25, regardless of the numbers of the employees.
(Ord 2926, amended, 06/06ni)(6)
SECTION 6.04.130 Delinquent Penalty.
There shall be a penally of ten percent (10%) with a minimum of $25 added to all business license taxes
paid later than 30 days after they are due.
(Ord 2926, amended, 06/06/2006)
SECTION 6.04.140 License Must be Displayed.
At all times after the issuance of the business license, the licensee shall cause it to be posted in a
conspicuous place upon the business premises, available for inspection by the public and by employees
and prospective employees of the business, provided:
A. That where the licensee has no office, business premises or other established place of business
within the City, the license shall be in possession of a representative of the business present
within the City at all times during which business is being transacted by an employee or
representative within the City.
SECTION 6.04.150 Penalties
A, Violation of AMC 6,04.030 [Gip onductin a business activi without license] in accordance
with this Chapter shall be considered a Class I violation, subject to the limitations of AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class III
violation as defined by AMC 1.08 and punishable as set forth in that section.
(Ord 3024, amended, 08/03/2010)
SECTION 6.04.160 Evidence of Doing Business.
In the trial of any alleged violation of this Chapter, evidence of advertisements by newspapers, radio,
television or other medium or by signs displayed for public view, that saelrpbusiness activity was being
conducted expressly or impliedly. including offering to sell goods, a _services or lodging to the public or
any segment thereof, shall constitute lima facie evidence that the defendant was troxseeringconductingA
business activity within the City on the day or date during which such representations were made.
SECTION 6.04.170 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to
divulge, release, or make known in any manner, any financial or employee information submitted or
disclosed to the City under the terms of this Ordinance. Nothing in this Section shall prohibit:
A. The disclosure of the names and addresses of any persons to whom business licenses have been
issued; or
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ASHLAND MUNICIPAL CODE
R. The disclosure of general statistics in a form which would prevent the identification of financial
or employee information regarding an individual business licensee or applicant; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of a
claim by the Finance Department; or
D. The disclosure of information when such disclosure of conditionally exempt information is
ordered under public records law procedures; or
E. The disclosure of records related to a business' s failure to report and remit the business license
tax when the report or tax is in arrears for over six months. The City Council expressly finds and
determines that the public interest in disclosure of such records clearly outweighs the interest in
confidentiality under ORS 192.501(5).
(Ord 3024, amended, 08/03/2010)
SECTION 6.04.180 Examining Rooks, Records, or Persons
The City, for the purpose of ascertaining the correctness of any license application, or for the purpose of
estimating any license fee, may examine or may cause to be examined, by an agent or representative
designated by it, any books, papers or payroll records, state or federal payroll reports, bearing upon the
matter.
SECTION 6.04.190 Appeals
Any person aggrieved by any determination of the Director of Finance with respect to the amount of such
tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30. The Findings of the Hearings
Officer shall be final and conclusive, and shall be served upon the appellant, in the manner prescribed
above for the service of notice of hearing. Any amount found to be due shall be immediately due and
payable upon the service of notice.
(ad 3024, amended, 08/03/2010)
SECTION 6.04.200 Records.
It shall be the duty of every licensee to keep and preserve for a period of not less than 3 years such books
and records as will accurately reflect the number of employees for each license year.
SECTION 6.04.210 Time of Effect.
't'his Chapter shall take effect on July I, 1976, and remain in effect until repealed. (Ord. 1880, 1976;
Ord. 1938 1977; Ord. 2142 1981; Ord. 2631 1991)
Page 6 of 6
CITY OF
ASHLAND
Memo
TO: Mayor and City Council
FROM: Dave Kanner, city administrator
DATE: April 10, 2013
RE: Update from the Ad Hoe Committee on Parks Funding
The Ad Hoc Committee on Parks Funding appointed by the Mayor last month held its first meeting on
March 28"i. Councilor Marsh, who was elected chair of that committee, has requested an opportunity to
update you at the April 15 study session on the committee's recommendation. The minutes of that
meeting are attached.
DAVE KANNER, CITY ADMINISTRATOR
20 E. Main St.
Ashland, 97520
541-552-21 2103
dave.kanner@ashiand.or.us
Council/Parks Ad Hoc Committee
March 28, 2013
Pagel o173
MINTUES OF COUNCtUPARKS AD HOC COMMITTEE
MARCH 28, 2013 @ NOON
PARKS OFFICE 0 340 S. PIONEER STREET
Meeting was called to order at 12:30 p.m. in the Parks Office of 340 S. Pioneer Street.
Councilors Rosenthal, Marsh and Voisin, Park Commissioners Seffinger and Landt, City Attorney Dave
Lohman were present.
Councilor Pam Marsh was selected as Chair for the Ad Hoc Committee.
Discussion by group began by recognizing the need for an immediate recommendation based on Parks &
Recreation Department Ending Fund Balance.
Discussion points included the following: budget assumptions included in a February 21 memo from City
Administrator Dave Kanner; provisional approval of proposed Parks Department budget by Parks
Commission; how comfortable the Parks Commission was with the proposed Parks Department Ending
Fund Balance; the theoretical and traditional process used for establishing the $2.09 rate for the Parks
Department; and how all of this is contingent upon the recommendation of this committee.
It was stated that the Budget Committee had adopted no assumptions and clarification was requested on
how the Budget Committee determines assumptions for the budget. Concern was raised that the "white
paper" which was identified as "Working Draft - November 12, 2012 - Parks & Recreation Funding for
FY2013-15" was being used by the City Mayor and City Administrator to base assumptions on for the
Parks Department Budget. City Attorney Dave Lohman stated that he was unaware if the City
Administrator was using this document as a tool for the budget.
Committee discussed the need to understand the reasoning on how the 12.5% Ending Fund Balance
(EFB) was determined, why it was based only on operating expenditures rather than on the entire Parks
budget, and how the Ending Fund Balance is determined. It was understood that the 12.5% EFB assumes
the City would guarantee any shortcomings in the Parks budget. It was noted that the Parks Department
has a current policy to provide 30% EFB but may be supportive of changing it to 25% EFB.
It was recognized that a policy should be made that rewards and supports incentives for strong fiscal
management.
Discussion was directed to recognizing any positives that the Parks Department may experience under the
"city umbrella" which may include changing the $750,000 EFB into an accessible Reserve Fund for the
Parks Department. Concern was raised on how accessible funds would be to the Parks Department
through the City General Fund and how clarity would need to be made on the difference between Ending
Fund Balance and Reserve Fund. Suggestion was made that set rules and regulations would need to be
established on how the Reserve Fund would be used.
Clarification on the difference between "Ending Fund Balance" and "Reserve Fund" and the need to
understand Oregon Budget Law was expressed. Clarification on the policy for EFB was provided to the
committee through Resolution #2010-05, which outlined the City policy for Ending Fund Balances.
Continued debate and discussion on why the issue of EFB for Parks Department was happening at this
time, as it seemed to point to the expense associated with PERS (Public Employees Retirement System).
There was concern raised that this is a one-time issue and that it was being used to set a process for all
Council/Parks Ad Hoc Committee
March 28, 2013
Page 2 of 3
future Parks budgets.
Challenges faced by the Budget Committee were acknowledged for the current budget as it pertains to the
City General Fund. Comment was made that the committee should not assume what direction the Budget
Committee may take.
Long-term issues were identified as "autonomy" and "organization control" for the Parks Department.
It was suggested that a "dedicated" Parks Reserve Fund be considered for the Parks Department. Mr.
Lohman clarified that a "dedicated" Reserve Fund would require a continued revenue source through a 5-
year levy or become a separate "district."
JoAnne Eggers/221 Granite/Spoke regarding the atmosphere of mistrust and voiced concern with
direction on Park Funds being transferred to the City General Fund and the issue of the Ending Fund
Balance. She felt it would be better if there was trust and if the same ease and conditions for access to
funds were equal.
It was understood how important it was for the Park Commissioners to be comfortable with the current
budget proposal and that the budget was adequate for operations and deferred maintenance. It
acknowledged that it might not be adequate for the long-tern. It was noted that the Meals Tax has been
renewed and can be used for rehabilitating. This opportunity was not previously available.
Additional long-term issues included the need to expand the existing park system and the need to continue
with many projects that have not been completed.
It was pointed out that the Parks Department had contributed to the City Reserve Fund in the past and it
was questioned on how or if these funds could be returned to the Parks Department. Concern was raised
on transferring Parks funds to the City General Fund and if the citizens were aware of these issues facing
the Parks Department.
Councilor Rosenthal/Park Commissioner Seffinger m/s to support current budget allocated for the
Parks & Recreation Department and to establish an Ending Fund Balance of 12.5% for this
biennial budget and that the City guarantee the Park & Recreation Operation Budget. To establish
Parks Reserve Fund "total" commiserate to contribution made by Parks Commission to City
Reserve Fund.
DISCUSSION: It was suggested that $Imillion could be placed in the City General Fund. The need to
establish a long-tern Reserve Fund and the importance for a recommendation by the committee was
noted. Confusion on how the Ending Fund Balances are being determined and a recommendation that a
Reserve Fund be established for the Parks Department in the amount of $750,000 was voiced. Concern
with providing working capital, confirmation on amount of Ending Fund Balance and difficulty with
projecting future revenue based on county projections by tax assessor were also noted.
Commissioner Landt/Councilor Voisin m/s to amend main motion that $500,000 be transferred to a
Parks Reserve Fund with funds coming from either past Parks .contribution to City Revenue or
reallocation of Parks Ending Fund Balance.
DISCUSSION: Statement that there is still time to work on a policy for Parks Department Ending Fund
Balance. Concern raised with the resistance that may result from an additional $500,000 Reserve Fund
over and above proposed. Concern was voiced regarding the risk associated with funds being taken away
from deferred maintenance
Voice Vote: Rosenthal, Landt and Voisin, YES; Seffinger and Marsh, NO. Motion passed 3-2.
Council/Parks Ad Hoc Committee
March 28, 2013
Page 3 of 3
Councilor Marsh/Commissioner Seffinger m/s to amend motion to include "or the projected 12.5%
Parks & Recreation Department Ending Fund Balance or the current biennial Parks & Recreation
Department Ending Fund Balance."
Voice Vote: Rosenthal, Marsh, Seffinger and Landt, YES; Voisin, NO. Motion passed 41.
Councilor Voisin left the meeting at 2:15 p.m.
Commissioner Land t/Commissioner Seffinger m/s to amend motion to include "or the current
biennial Parks & Recreation Department Ending Fund Balance."
Voice Vote: all AYES. Motion passed.
Amended Main Motion:
Councilor Rosenthal and Park Commissioner Seffinger motion to support current budget allocated
for the Parks & Recreation Department and to establish an Ending Fund Balance of 12.5% for this
biennial budget and that the City guarantee the Park & Recreation Operation Budget. To establish
a $500,000 Reserve Fund based on either what has already been contributed to the city Reserve
Fund by Parks & Recreation Department in the past or the projected 12.5% Parks & Recreation
Department Ending Fund Balance or the current biennial Parks & Recreation Department Ending
Fund Balance.
Committee agreed to allow Chair Marsh to summarize the discussion leading up to the recommendation
made by the approved motion and submit to the City Administrator with a request that it be placed on the
agenda for the Council Study Session on April 15.
A future meeting was set for April 22 at 3 p.m. in the Parks Office.
Meeting was adjourned at 2:25 p.m.
Respectfully submitted,
Barbara Christensen
City Recorder