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2013-0806 Council Agenda PACKET
CITY OF ASHLAND Important: My citizen may orally address the Council on non-agenda items during the Public Forum. Any citizenmay submit written comments to dre Council on any item on the Agenda, unless it is the subjccl of a pubI hearing and the record is closed. Time permitting, the Presiding Officer mayallow oral testimony. If you wish to speak, please fill out the S2ealpr,, Requesffonn located near the enVance to [he Council III Chambers. The chair willrecognize you and inform you as [o4heamount o depende f time allo nt tent on the nature of the iunder dou , and.[he length of4heagenda. - " n AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 6, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of July 15, 2013 2. Business Meeting of July 16, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Water and wastewater master plan update VII. CONSENT AGENDA 1. Contract with the University of Oregon for downtown parking and multi-modal study 2. Award of contract to apparent low bidder for the 2013 Slurry Seal Project 3. Appointment of Damian M. Idiart as Judge Pro Tern 4. Liquor license application for Mary Dozier dba the Deli Downstairs and Lounge South_ 5. Liquor license application for Gill Anderson dba Platt Anderson Cellars 6. Request for approval of AFG SAFER Grant application through the Department of Homeland Security 7. A resolution titled, "A resolution directing city administrator to establish standards for street pennants." COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050)) 1. Public Hearing and first reading by title only of an ordinance titled, "An ordinance'amending the Health and Sanitation Chapter (9.08) and the General Regulations Chapter (18.68) of the Ashland Municipal Code to establish provisions for the keeping of micro-livestock and bees within residential districts" IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. A resolution titled, "A resolution of the City Council of the City of Ashland approving the formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District" 2. A resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2014" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrators 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 W W W.ASHLAND.OR.US City Council Study Session July 15, 2013 Page 1 of 1 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, July 15, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room. Councilor Slattery, Rosenthal, Voisin, Morris, Lemhouse, and Marsh were present. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. Councilor Voisin requested a Study Session with Asante on future communications between the City and the hospital. She also wanted to readdress the current Council agenda agreement regarding other business from Council members. 2. Discussion on urban renewal (request of Councilor Slattery) Councilor Slattery noted prior council discussions regarding urban renewal and thought it was worthwhile revisiting with the recent enterprise zone and internet based overlay to see if it was applicable at this time. He also thought the Croman Mill Site Plan needed periodic review to determine viability and how to make it viable if needed. City Administrator Dave Kanner explained the state required the final plan on urban renewal, not the feasibility study. The City's feasibility study was more detailed than typical studies and produced some of the groundwork for the final plan. Additionally, market conditions had not changed so the feasibility study was still applicable. The final plan would cost approximately $40,000-$75,000 and involve hiring a consultant. Council discussed why previous Council did not pursue urban renewal and supported adding it to a future Study Session along with a request to keep the Croman Mill Site Plan separate. 3. Facilities energy audit and Sustainability Plan update Management Analyst Adam Hanks explained the City hired RHT Energy Solutions to conduct an energy audit of primary city buildings, documenting uses on energy and natural gas with the goal of determining energy efficiency measures. There were 5-6 energy efficiency measures that would result in a return of investment. Councilor Rosenthal commented the City of Medford hired RHT Energy Solutions and they generated tremendous savings through grant funding and matching needs with potential revenue streams. Mr. Hanks added that was also a deliverable with the City. Audit results would include potential measures to save money, increase energy efficiency and provide benchmarking on kilowatt usage. Meeting adjourned at 6:15 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Regular City Council Meeting July 16, 2013 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 16, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Firewise, Transportation, and Tree Commissions, and one vacancy on the Band Board. APPROVAL OF MINUTES The minutes of the Study Session of July 1, 2013 and Business Meeting of July 1, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of August 6 as Hiroshima Day, August 9 as Nagasaki Day, and the week of August 2-9, 2013 as Japan Friendship Week were read aloud. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Intergovernmental agreements with Emergency Communications of Southern Oregon to provide emergency dispatch services to Ashland 3. Approval of a grant with supporting contract and MOU awarded to the Police Department through Jackson County Sexual Assault Response Team by the Violence Against Women Act 4. Oregon Public Works Emergency Response Cooperative Assistance Agreement 5. Contract for legal services for Douglas M. McGeary 6. Community Development Block Grant award and 2013 action plan amendment 7. Approval of two public contracts for water treatment plant and the wastewater treatment plant chemicals Councilor Marsh pulled Consent Agenda item 43 and #6 along with Councilor Rosenthal for discussion. Councilor Marsh addressed the Police Department's $12,500 match to the grant by the Violence Against Women Act and wanted the minutes to reflect the year one maximum match of $8,000 and the second year match of $4,500 for a contract not yet approved. Housing Program Specialist Linda Reid addressed the Community Development Block Grant plan amendment. She explained social service grant funding, noted staff used the original split for allocations for Maslow and St Vincent de Paul within the 15% cap. Ashland Emergency Food Bank did not request additional funds so the remaining allocation went to Living Opportunities. Councilor Voisin/Morris m/s to approve Consent Agenda Items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing "An ordinance amending AMC Chapters 18.08, 18.24.030 and 18.28.030 of the Ashland Land Use Ordinance relating to the traveler's accommodations and short term home rentals in multi-family residential districts." and first reading by title only of an ordinance titled, "An Regular City Council Meeting July 16, 2013 Page 2 of 7 ordinance amending AMC Chapter 4.24 transient occupancy tax." and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 6.04 business licenses." City Attorney Dave Lohman stated the Public Hearing addressed ordinance changes to R-2 and R-3 zones, not the R-1 zone. People wanting to speak to possible changes in the R-1 zone could do so during Public Forum but not during the Public Hearing. Additionally, Council could direct staff to have the Planning Commission review R-I after hearing testimony during Public forwm. Community Development Director Bill Molnar explained the ordinance amendments related to traveler's accommodations and short-term rentals and applied to multi-family zones, R-2 and R-3. What distinguished a short-term home rental from a traveler's accommodation was short-term home rentals did not require the owner to reside on the property. Staff followed current guidelines that properties needed to be within 200 feet of a major street. The Planning Commission also suggested a cap for short-term rentals. Changes to the ordinance defined short-term home rentals applied to the entire dwelling, and prohibited renting rooms. The owner was not required to live on property. Rentals were limited to multi-family zones. The properties needed to be within 200 feet of a major street, or be in an R-2 multi-family zone within the Historic District. The ordinance provided a formula of two people per bedroom with a maximum of 10 guests. Management requirements required a property owner or local contact person who was available 24 hours a day and able to respond within 30 minutes. The ordinance limited short-term home rentals to one per person. It would require posting house policies that identified local contact information and prohibitions that included noise. The ordinance also specified requirements for licensing, inspections, taxing, and advertising. The Fire Department would inspect the dwelling prior to operation. The ordinance made it clear it was a violation to present or offer availability if the owner did not have all the required approvals from the City. Short-term home rentals also required two parking spaces. Council expressed concern someone could manipulate the one short-term rental per person rule. Mr. Molnar explained staff determined short-term rentals that were previously long-term rentals through Utility billing statements. He confirmed an LLC (Limited Liability Company) was considered a.person. Mr. Lohman clarified the definition of short-term rentals in 18.08.658 as a dwelling in a residential zone rented for less than a 30-day term or a dwelling rented on two or more occasions within a 30-day period. Mr. Molnar noted land use costs to become a short-term home rental involved a $130 pre-application process fee, a conditional use permit that ranged from $940 to $950 then business license fees and TOT (Transient Occupancy Tax). Division Chief - Fire Marshal Margueritte Hickman addressed fire inspections and explained firefighters conducted inspections for businesses, and residential, and did not require a fire inspector. Short-term home rentals fell under residential. The Fire Department would treat short-term rentals as a priority type inspection. Currently fire inspections occur every other year. Ideally, inspections should happen annually but the Fire Department does not have the capacity for yearly inspections. Property owners were responsible for notifying the neighbors within 200-feet of their intentions regarding short- term rentals and often did through a mailer. Following initial approval, staff would go to the property to ensure the owner posted policies. In 1991, the Planning Commission added the requirement that dwellings had to be at least 20 years old due to concerns regarding the affordable housing plan. Mr. Molnar noted 18.24.030(x)(1) Rental of less than an entire dwelling unit is not subject to the requirements of this section 18.24.030(K) and clarified rentals in that situation fell under Traveler's Accommodations or a Bed and Breakfast (BnB) and were not subject to short-term home rental requirements. The ordinance would set clear expectations for the operation. Under existing conditional uses, enforcement was complaint driven. Worst-case scenario was revocation of the conditional use permit. Regular City Council Meeting July 16, 2013 Page 3 of 7 Planning Commission Vice Chair Michael Dawkins shared comments from the Commission that they thought the process was incomplete, needed further exploration, and the City should consider short-term rentals in R-I Historic District. He confirmed Commissioner Melanie Mindlin recused herself from the discussion but was unclear on her involvement in short-term rentals. Mr. Lohman addressed revisions to the TOT and Business Licenses and Regulations ordinances. Ashland Municipal Code (AMC) Chapter 4.24 Transient Occupancy Tax under Revenue and Finance clarified short-term home rentals needed to pay TOT, and made terms consistent with AMC Chapter 18 Land Use. It would exempt home exchanges where money was not involved and non-profit hostels. When the City initially adopted TOT, they set a limit on hostels of $6 per day amended in 1994 to $15 dollars with a CPI (Consumer Price Index) adjustment. Currently the limit amount was $23.25 and less than what the hostel charged for a dorm room. Subsequently, hostels paid the TOT. State TOT law made hostels exempt if they were a non-profit corporation under federal law with a 5016. Another proposed change consolidated the appeal process to AMC Chapter 2.30 Uniform Administrative Appeals Process under Administration. Changes to Chapter 6 Business Licenses and Regulations included a new definition of transient lodging, and made an LLC subject to the business license requirement. The ordinance would also lower the current business license exemption for long-term rental units from five or fewer to no more than two. Mr. Lohman confirmed homes renting a single accessory unit were not subject to either the TOT or the business license requirement. Staff sent letters regarding the change in long-term rental units to property management companies and a list of long-term rentals the Planning Department had in conjunction with a class study at SOU (Southern Oregon University). Notification of the change was on the city website as well. However, staff had no way of tracking owners renting less than five properties long-term other than through complaints. Mr. Molnar acknowledged the concern that Ashland may become a community of vacation rentals and thought the restrictions and regulations in the proposed ordinances would offset that possibility. Public input he received indicated people were fine with one vacation rental in the neighborhood but concerned with parking if there were more. Another concern was ensuring renters had access to local contact information if an issue arose in the rental. PUBLIC HEARING OPEN: 8:29 p.m. Abi Maghamfar/President Ashland Lodging Association/Noted the Ashland Lodging Association's position statement submitted into the record and agreed with the Planning Commission the ordinance was incomplete. The Association suggested Council reject the ordinance amendments to 18.08, 18.04, and 18.28, take time to reassess and review the changes and affects, and thoroughly address unintended consequences. They wanted Council to redirect the Planning Commission from further studying short-term home rentals in single-family zones and create a task force comprised of representatives from the Planning and Housing Commissions, Ashland Lodging Association, Ashland Bed and Breakfast Network and any other valid local stakeholder group to come back with an amendment. Anita Isser/84 Garfield/Expressed concern regarding the 200-foot distance requirement from an arterial street. She owned an apartment that met short-term rental requirements with the exception they were located 500-feet from an arterial street and two blocks outside the historical district. Applying for a variance increased overall application costs to $3,000 non-refundable. She asked Council to change the 200-foot requirement in the multi- family zone and review applications case by case. Malcolm Bordelon/6599 Graystone Meadow Circle, San Jose, CA/Explained he was researching moving to Ashland and concerned turnover in short-term rentals would ruin the character of the neighborhoods. Zoning should not change for individual demand. He supported the Ashland Lodging Association's position. Vicki Capp/59 Manzanita/Listed the rates and fees she incurred as a licensed Bed and Breakfast owner. Regular City Council Meeting July 16, 2013 Page 4 of 7 Unlicensed vacation rental owners did not have these expenses and charged less creating an unfair market for legal operations. Paying the TOT did not equal business equality in R-2 and R-3 zones. The City failed to take action regarding unlicensed vacation rentals when legal lodging operators asked. She urged Council to direct the City to stop unlicensed operators as they would any illegal or unlicensed business in town and table the proposed ordinance until the City effectively collected the hard occupancy data needed to guide the revision process. Sidney Taylor/150 North Main Street/introduced herself as one of the owners of the Ashland Hostel. She agreed with Mr. Maghamfar's testimony the ordinance was incomplete and was not comfortable having Council approve the amendments and make revisions later. She suggested enforcing the current ordinance that regulated lodging until the proposed amendments were more complete. Corrine Lombardi/1685 Old Hwy 99 South/Belonged to the Ashland Lodging Association and owned both long-term and vacation rentals in Ashland. Zoning was a long-term contract between property owners and the city. It created trust and a feeling of security in a neighborhood. Council should consider zoning changes carefully. It limited the diversity of the community by focusing on one. Ellen Campbell/] 20 Gresham Street/Owned a B&B and commented how municipal code could create a level playing field for businesses or it could erode trust through lack of enforcement. Many short-term rental owners who received cease letters continued to operate. The amendments created a new class of traveler's accommodations by removing the owner occupied requirement that would put B&B's at a disadvantage. Over the past 15 years, B&B's in Ashland declined 56% due to commercial classifications that increased operational costs. In addition, B&B's have paid commercial insurance while short-term rentals had regular house mortgages and insufficient insurance. If Council adopted the amendments, she requested Council lift the owner occupied requirement for B&B's. Lois Van Aken/140 Central Avenue/In addition to her home, she had two units, one a long-term rental, and the other a traveler's accommodation. She opposed not requiring the owner to live onsite. The current City ordinance was clear, fair, reasonable, and enforceable. Arguments to the contrary mostly came from individuals wanting to continue their illegal rental activities or make a profit by converting long-term rentals into short- term. Lifting the homeowner occupied requirement would convert long-term rentals into short-term rentals rapidly. It was not the City's job or in the citizens best interest to change laws and zoning to benefit a few individuals wanting to profit financially. Encouraging and supporting short-term renters were large web based companies making millions off the proliferation of short-term rentals across the country. Ashland had a unique opportunity to learn from towns ruined by the unbridled growth of short-term rentals. Dylan Rounds/949 Cedar Way/Expressed concern regarding the business license requirement change from five units to two. Business license costs would go into rent and affect low-income rentals. He owned three units and noticed from rental applications that rent was usually 50% of an applicant's income. It was important to keep rents low. Ashland had expensive property and jobs did not pay well. Susan Jay Rounds/949 Cedar Way/Explained she had owned her triplex for 12 years and wanted to know what prompted the change to require a business license in the proposed ordinance as well as what constituted a business. They would have to pass the increase to the renters. She listed all the rate increases residents incurred annually and noted most property owners did not make a large'profit. Kim Blackwolf/354 Liberty Street/Represented the Ashland Short-term Rental Association and recommended Council pass all three of the ordinances. There were many wanting short-term rentals but were afraid to come forward and felt bullied by the City. This was about money. The Ashland Lodging Association did not want Council to pass the ordinances because they did not want the competition. Most of the people renting short-term vacation homes were families with children. The City would be giving up $600,000 in short-term rental taxes by not supporting the ordinance. It would not ruin neighborhoods or create a proliferation. Most rentals hosted 2-5 people, rarely 10. VRBO (Vacation Rentals by Owner) estimated the average income was $10,000430,000. Regular City Council Meeting July 16, 2013 Page 5 of 7 It was actually more around $10,000. Ashland needed options like short-term rentals and many owners wanted them. Variety was an element of a healthy business economy. She urged Council to pass the ordinances. PUBLIC HEARING CLOSED: 9:00 p.m. City Administrator Dave Kanner shared a decision the municipal court made earlier that day and prefaced code enforcement was difficult and time consuming. The City did code enforcement but people were entitled to due process and an independently elected judge decided their case. The City brought a case against an unlicensed VRBO in an R-2 zone and the Judge ruled based on the language in the current ordinances because the City had not actually witnessed the exchange of money between the lodger and VRBO owners there was no evidence of a code violation. This made enforcing code regulations impossible. The amendments before Council would make code enforcement easier particularly the requirement that made advertising an unlicensed facility a code violation. He suggested Council add that provision to the zoning ordinance for R-1, irrespective of what Council wanted to do with R-1. Council majority did not think the ordinances were ready at this time and agreed on a Study Session, stakeholders meeting or both to determine and work on the issues. Opposing comments thought Council could make a decision on either all or part of the amendments that night. Mayor Stromberg thought the Council should move forward on the advertising violation and send input regarding the ordinances to his office over the next week. Council directed staff to bring back an advertising violation ordinance. The Mayor and Mr. Kanner would get stakeholder input. Council wanted more information on business equality and the disadvantages it might create, data on supply and capacity, enforcement, impacts to renting homes in the R-2 zone, what would be allowed in both existing zones, and the current amendments with the exception of expanding the geographical area. Council also wanted information on adding another category within the 200-foot requirement for short-term rentals as well as justification for the 200-foot buffer and the 20-year old building requirement. Council would submit additional items over the following week. The Mayor added parking, how to get equity with B&Bs, control impact in neighborhoods, the affect on regular rentals, and the business license requirement for number of units. Councilor Voisin motioned to table the First Reading of an ordinance amending sections 18.08, 18.24 and 18.28 of the Ashland Land Use Ordinance relating to approval management and licensing of traveler's accommodations and short-term home rentals to a future date. Councilor Voisin withdrew the motion. Council moved the item to the August 19, 2013 Study Session. There was no consensus among council members regarding allowing short-term rentals in the R-1 zone prior to Public Forum. PUBLIC FORUM Nina Gillespie/1214 SE Malden Street, Portland OR/Represented Environment Oregon and spoke regarding a plastic bag ban and submitted a letter into the record. She had a sample of ocean pollution from the Great Pacific Garbage Patch and explained the harmful effects plastic had on marine life and birds. Environment Oregon believed nothing a person used for a few minutes should be allowed to pollute the ocean for one hundred years. She asked Council to forward a plastic bag ban to the Conservation Commission. Joseph Kauth/1 Corral Lane #13/Spoke in opposition to the plastic bag ban and expressed concern the use of paper bags would compromise critical habitat of wild lands and creatures in stress due to environmental degradation over the past 150 years of industrialization. He suggested appropriate use of plastic bags and a full ban of paper bags to preserve trees and wild lands. Shaun and Carter Franks/321 Engle Street/Explained he was an Environmental Studies student at SOU Regular City Council Meeting July 16, 2013 Page 6 of 7 (Southern Oregon University) and was familiar with the plastic bag ban. Ashland was a sustainable town, bringing in people for eco-tourism and yet was a little behind other cities regarding the ban. He thought it would make a good statement and was an easy win. Rhonda Lee/2949 Barbara Street/Read from a letter submitted into the record describing her experience discovering her short-term vacation rental in the R-1 zone was illegal. The letter she received from the City to cease operations was strong and upsetting. Abby Hogge/1700 Parker Street/Submitted into the record a before and after photo of a foreclosed home formerly used as a long-term rental with a second mother in-law that she and her husband refurbished using one unit as a vacation rental. She explained how having the vacation rental supported her family and allowing them in the R-1 zone would be a step to assure young families had additional income to buy a home. Councilor Voisin expressed concern regarding the cease and desist letter Ms. Lee received and directed staff to review the enforcement process. Councilor Rosenthal/Marsh m/s to add the topic of a plastic bag ban to Section 13 of the agenda. Voice Vote: all AYES. Motion passed. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS - None ORDINANCES, RESOLUTIONS AND CONTRACTS 1. A resolution by Councilor Slattery titled, "A resolution asserting the Parks Commission's responsibility to hire the Parks Director and disavowing any Council intent to take control of Parks Commission responsibilities" Councilor Slattery stated that the proposed Resolution would serve two purposes; honoring the Parks Commission process for choosing a Parks Director; and addressing the perception that Council wanted to take control of the Parks Commission responsibilities. The goal was a truce with the Parks Commission so they did not feel the Council was trying to usurp their policies and procedures. He did not submit the Resolution to the Council-Parks ad hoc Committee because the Committee had a different responsibility. He wanted it to be formal, at the Council level, and include the Parks Commissioners. Cate Hartzell/892 Garden Way/Read from a letter submitted into the record and requested Council remove the following wording from the Resolution: "Comments to the contrary are simply baseless and without substance." Removing the sentence would promote collaboration and honor perceptions. Stef Seffinger/Parks Commissioner/448 Taylor/Appreciated the Resolution and thought it was an effort to bring trust and respect between the Council and Parks Commission. It was important for the community to show that two groups could work together in a positive way for one outcome. She also thought the ad hoc Committee was effective. Councilor Lemhouse/Rosenthal m/s to approve Resolution #2013-25. DISCUSSION: Councilor Lemhouse supported the Resolution but was disappointed` that it had come to this point and that Council had to create a Resolution affirming there were no intentions of taking over another elected body. Councilor Rosenthal supported any effort to reinforce the integrity of the Parks Commission as an elected body. Councilor Voisin/Rosenthal m/s to amend the Resolution by moving Recital D to section 4 to read "Choosing a new Parks Director...," deleting the words "The question of...," and moving from Section 3 the last sentence or words "Comments to the contrary are simply baseless and without substance," to Recital D. DISCUSSION: Councilor Voisin explained the amendment would make the Resolution stronger and clearer. Roll Call Vote: Councilor Voisin and Rosenthal, YES; Councilor Slattery, Morris, Marsh, Regular City Council Meeting July 16, 2013 Page 7 of 7 and Lemhouse, NO. Motion failed 2-4. CONTD. DISCUSSION on main motion: Councilor Marsh thought the Resolution would help clear the air, move both bodies forward and acknowledged contention between both elected bodies in the recent past. Councilor Slattery confirmed the Resolution gave the Parks Commission full responsibility in hiring the Parks Director. Councilor Morris was unaware of the level of distress that had occurred and he found it disturbing it required a Resolution. Roll Call Vote: Councilor Slattery, Morris, Marsh, Voisin, Rosenthal and Lemhouse, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced fifty Ashland High School students would go to Japan for the Pacific Rim Bowl and a cultural exchange. Councilor Rosenthal/Slattery m/s to refer the topic of a proposed plastic bag ban to the Conservation Commission for consideration and potential recommendation to the Council. DISCUSSION: Mayor Stromberg suggested speaking to local businesses that had already banned plastic bags for their experience and feedback. Councilor Lemhouse wanted the pros and cons of having a plastic bag ban added. Voice Vote: all AYES. Motion passed. ADJOURNMENT Meeting was adjourned at 10:26 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Water and Wastewater Master Plan Update FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY This report is to provide Council with an update on the recently completed water and wastewater plans that were adopted at the Council meeting on April 17, 2012. It includes a status report on the projects, staffing, conservation goals and financing options as recommended in the plans. BACKGROUND AND POLICY IMPLICATIONS: Water Master Plan The Water Master Plan represents a comprehensive 20 and 50 year evaluation of the water system and reflects the two years of work the Ashland Water Advisory Committee spent on Ashland's water issues. The plan includes capital project recommendations to address the 2018 peak day water demand problem, redundancy, pipeline life-cycle replacement, fire flow, treated water storage and staffing needs. The plan addresses Ashland's water supply and the water treatment plant's vulnerability to catastrophic events (forest fire, flood, drought, toxic algae bloom, etc.) by identifying capital improvement projects that will provide dual levels of redundancy in the event that one of the potential catastrophic events leaves the community without water for any length of time. In particular the proposed 2.5 million gallons per day (MGD) plant will be located outside of the drainage basin and can provide the community sufficient water to meet daily drinking water demands (no irrigation) in the event the existing water plant was destroyed. In addition, the regional emergency Talent, Ashland and Phoenix (TAP) line would provide up to 1.5 MGD if Ashland's water supply sources (Ashland Creek and Talent Irrigation District Water) are compromised. The plan also evaluated Ashland's long tern water supply issues and determined the water supply is sufficient through 2038, and as such, an evaluation of local ground water sources by testing four existing ground water wells is planned. In addition, the plan includes capital projects that pipe the Talent Irrigation District (TID) canal, thereby increasing TID water supply by 135 acre feet and recommends studying the potential of increasingrReeder Reservoir impoundment as part of the next Water Master Plan update. The status of the summary water projects listed in the April 17, 2012 Council communication is as follows: Page 1 of 5 CITY. OF -ASHLAND Year Capital Project Status 2016-2018 Construct a new 2.5 MGD water treatment , Engineering staff is developing a letter plant ($12 million) of intent submittal for an Oregon Health Authority loan in order to engineer and construct the new treatment plant. 2016-2018 Construct anew treated water tank ($6.746 Engineering staff is developing a letter million) of intent submittal for an Oregon Health Authority loan in order to engineer and construct the new treated water tank. 2013-2014 Upgrade the existing Park Estates tank ($2 Engineering staff is finalizing million) qualification based selection (QBS) request for proposals (RFP). Work to include evaluation and engineering of system improvements for Park Estates and associated waterline improvements. 2015-2016 Pipe the TID ditch ($1.1 million) Public Works secured a low interest loan for engineering and associated construction projects. Engineering is slated to begin in 2015 per approved Capital Improvement Plan. 2015 Construct an emergency TAP pipeline ($2.1 Engineering is working with the million) Medford Water Commission on potential system development charges. In addition, staff has begun preliminary discussion about an emergency water agreement with the City of Phoenix. 2030 As stated in the Water Master Plan, the City's Converting the goal to an annual target water supply system must be capable of equates to a water reduction target of meeting projected demands that have been 0.31% per year. Staff has analyzed reduced based on 5% conservation. The conservation program efforts from June targeted conservation level of 5% is modeled to 2012 through June 2013, showing an be reached by 2030, with half achieved by approximate savings of 0.43%, keeping 2020. on pace for the target goal of 2.5% by 2020. Annually Pipe replacement projects ($6'.6 million) Projects will be engineered and constructed in a timely manner as laid out in the Water Master Plan. Page 2 of 5 CITY OF ASHLAND Staffing Year Position Purpose Status 2013 .5 FTE Engineering Tech To help meet State Department Hired October 3, 2012 of Environmental (DEQ) and Federal Energy Regulatory Commission requirements 2013 .5 FTE Water Conservation To meet additional water Hired seasonal intern for position conservation goal July-Sept outdoor water use season. Preparing contract services program options for large outdoor water customers to provide specialized solutions for reductions. Custom programs will be in place and available to larger customers in spring of 2014 2018 1.0 FTE Water Treatment To staff the new water treatment No action required at this Plant Operator plant time. Wastewater Master Plan The Wastewater Master Plan was developed by consulting engineer Keller and Associates and was reviewed by staff and a technical review committee. Projects outlined in the Wastewater Master Plan are primarily regulatory and include pipeline replacement projects, riparian shading, relocation of the effluent outfall pipeline, a new wastewater treatment plant oxidation ditch, pipe upsizing and pipeline replacement projects. The status of the summary wastewater projects listed in the April 17, 2012 Council communication is as follows: Year Wastewater Capital Project Status 2013-2018 Shading (tree planting) ($1.65 million) Engineering has drafted a request for proposal in order to obtain a managing partner to perform duties associated with riparian restoration to generate thermal credits. The`City is working with DEQ to finalize the trading program before issuing the RFP. 2013-2016 New pipes that will parallel Bear Creek ($1.25 Engineering has issued a million) request for qualifications for the engineering portion of the Page 3 of 5 ~r, CITY OF -ASHLAND project. Responses are due by August 8, 2013. A consultant will be selected and work will begin in fall of 2013. 2014-2017 New oxidation ditch at the W WTP ($4 million) Engineering is working with DEQ to finalize loan documents for the capital project. Engineering is drafting an RFP for consultant selection in order to start project engineering. 2013-2018 Relocate the effluent outfall pipe to Bear Creek Engineering is drafting an RFP ($856,000) to perform the DEQ required outfall relocation study. This study will analyze the most effective way to move the outfall from Ashland Creek to Bear Creek using the existing area west of the treatment plant. Annually Pipeline replacement and system maintenance ($3 Projects will be engineered and million) constructed in a timely manner as laid out in the wastewater master plan. Staffing Year Position Purpose Status 2013 .5 FTE To meet National Pollutant Discharge Hired October 3, 2012 Engineering Elimination System (NPDES) permit and Tech storm water NPDES permit regulatory requirements. 2014 1.0 FTE Previously the wastewater treatment plant Hired February 4, 2013 Wastewater supervisor managed both treatment and Collections collections. This proposal appropriately Lead Foreman divides supervisory responsibilities between two distinct disciplines. FISCAL IMPLICATIONS: Both the water and wastewater master plans include a financial component that evaluates rate impacts for a 10-year period. Details of the financial plans can be found in chapter 9 of the Water Master Plan and chapter 14 of the Wastewater Master Plan. Sample rate scenarios are included in the attached water forum PowerPoint presentation. Page 4 of 5 r, CITY OF ASHLAND Following adoption of the master plans, staff submitted loan applications to the DEQ Revolving Loan Fund. At the May 21, 2013, council meeting, Council approved the first Clean Water State Revolving Loan Fund loan, at an interest rate of 1.5% with DEQ for the following projects: Membranes: $1,645,280 Shading & Outfall Relocation: $2,904,411 Totals: $4,549,691 Staff also submitted an $11,200,000 loan application for the remaining wastewater projects, and one water project that pipes the TID canal. The TID canal project qualified as a sponsorship project, thereby making Ashland's wastewater loan application eligible for additional low interest loans. DEQ published their "Intended Use Plan" on July 22, 2013 and Ashland's project was listed as the number one priority (see attached). The next step is to complete environmental assessments and then process the loan documents. Staff will now concentrate efforts on water fund financing. Financing for the water fund projects will be more complex as low interest funding is not as readily available. To that end, staff will be attending a one-stop funding meeting (a meeting with all potential state funding agencies) on September 10, 2013 to evaluate the best loan options for Ashland. STAFF RECOMMENDATION AND REQUESTED ACTION: No action is applicable as this is only an update on the master planning project. SUGGESTED MOTION: No action is applicable as this is only an update on the master planning project. ATTACHMENTS: 1. Water forum presentation 2. Adopted water master plan documents may be viewed online at http://www.ashland.or.us/Page.asp?NavID=13401 3. Adopted wastewater master plan may be viewed online at http://www.ashiand.or.us/Pap,e.asp?NavID=14696 Page 5 of 5 ~r, City of Ashland; t Water and Wastewater' a Q Master Plans' Su, :7. EDO D 0RflG0 REGO oerco Ashland Water Advisory CommittE • Committee Members Appointed By Mayor April 2010 • Pat Acklin • Don Morris 0 • Lesley Adams • Amy Patton ' • Alex Amarotico • Donna Rhee • Darrell Boldt • Carol Voisin • Kate Jackson • Rich Whitley • Donna Mickley 9 John Williams water system snapshot s' Howard Prairie - h _ tH,yatt Lake Alsing Crowson Reeder Reservoir Reservoir Reservoir r Eudgrnt Current WTP Granite _ i ~!~!f°= a1-~~~',r .t f:•~ Reservoir hU Fallon ' 6fN- Reservoir r~ NflWWTPe a - ~ - 7 .o- a 4 h ~ _ .1~~ _ `_:zxi ~ ~ 1j* -aj ••--IFS' ",r,!-,-'-fix.- / ` .cam Fa <~.JV-~`.x f3p TAP _ ~ t " fit,,-' ~ • ~.y ~ ~ v~\ ms's /G ,..ai ~,Q./:.1.. i \~'tr-''_ rasa ,..•3' i -'s~~+'.~+y~-a"J~ current situation risks FIVIIIIII __W 2010 East Ashland Fire 1989 Drought 1974 Ashland Creek Flood 1997 Over the course of history, every - Water Treatment Plant is built just below Reeder Resi Ashland Creek canyon and is vulnerable to flooding, major system improvement was - Water Treatment Plant was built in 1949 (rebuilt in 19! preceded by a major natural event. - By 21718 the current plant will not be able to treat wat summer demand The City of Ashland is vulnerable to - Water storage for fire emergency is limited. Low wat, flooding, fire and drought, and needs pressure at many hydrants throughout town do not h; insurance against these risks. - Many water pipes are nearing the end of their usefulI worse if ignored and eventually replacement costs wi - TID is secondary water supply during summer but ml evaporation - Limited water supply during peak summer demand j4 m Abmp W W _ fle~rvWr cmmw &~RRtilA! ~ fleserv.lr WUV rp"q 0 f To Hyatt and TID Canal ;14 Howard Prairie Lakes G~1 i cmNm I~ New WTP Ram* &Reservoir ~IP'1 oD FmlpmmL.W C.1 ClfG~tT~ ro R r Ashland C: ~~eeK p a G1: Enclosed TiD ditch reduces ) water evaporation and vk Sl 1 t~ Sl n p5~~a~a contaminants in Ashland Creek. t.1 :l Glr;,l 0 Additional water storage tank for emergency fire purposes. _ 6 Second water treatment plant serves as a backup. D Asm..a B 5 WWfP 11 Pump 0 TAP extended to Ashland for ) RON emergency water access. / TAP /f J 99 k a f 'ter Arc 1 s -e's s-~ ~ ~ < ya K+ r y~'ti'J • ImWP' C~f•I$3m(~'~ ~ • p~9 G~i~• GLT~OGL ❑ ❑ ❑ ❑ dit~it~ D a F•S~QD~(3uII• ~ Q~+I~~~ ~ o~ UVU ~ W W o U UVIJ p • • • ~~Q er~~¢acm Gt7 G~a'um~ac~a~ cam ~ p ~ p e Oo0 ~ .v e - e p O O ~a water financial s i what do we need? why do we need it? how do $30.5M insurance rate; Between now and 2022 the City of Ashland We're insuring ourselves against the potential loss of Ashland water rates v water fund needs $30.5 million. water due to a catastrophic event, and we're making through increased rat a long range investment in Ashland's infrastructure that includes: - A redundant water treatment system - A water reserve for fire emergencies - Reduced water loss to evaporation - Access to water for emergencies - Improvements to existing water distribution I pay it forward treated water conservation be We've benefitted from consistent Without improvements, Since 1999, the community has If we improvements made by past Ashland will be unable to meet reduced water use by 10% we wi generations. It's important that we the treated water needs of the through conservation efforts. suppl Invest in Ashland's future. community by 2018. addre 1 will ac i i financing water alternatives i Advance Funding (proposed): If you pay $35 now, you may pay $65 by 2022" i Current Funding (proposed): If you pay $35 now, you may pay $70 by 2022* I i $80 Advance Funding Current Funding i Save for the future. Pay as you go. $60 I $40 N 04 J v'+ 2, t, t z~ t c soy L& ( .i*a''n d,4` "f t" ss 5 ~ r J z~xn 4j„ k $20 , l x 2012 2013 2014 2015 2016 2017 2018 2019 2020 2 I I The average household bill is $35.54 (based on two people. indoor use. 125 gallons each per day). 'Assumes 3% i 'Save for the future' rates wlo Increase 10% each year until 2018 and than drop to 3% each year until 2022. The actual 'Save for the fuhW increase will be determined each year. A drought year (when people buy/use lots of water), could result in a lower % increase. A wet year (when people don't buy/use lots of water) could result in a Mgher % increase. 'Pay as you go rate increases based on when money is needed for i tprosrents. Iw ASp~TAND oReco _ - 1 Forecast of Single Family Water Bi -ZU Forecast of Average Single Family Residential Water Bills $70' $60 - $40' $36.02 $30 (Average month IV..rate at 10 ccf -new WTP option without the funding of a rate stabilization account $20 -Average monthly rate at 10 ccf -new WTP option with the fundingof a rate:stabilization account -At-Average monthly rate at 10 ccf TAP supply option $10 -N-Average monthly rate atl0ccf-under:thebridging strategy 411ti-Inflation reference line,at 3% $0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2 Wom n sbar "M omprovem° t e ao o h(W {'y ~r mI r Alsing w w NeSCNN( F To Hyatt and TIg Canal ! p n vvvv j Howard Prairie Lakes ; l; t ~ ~ ~ c v o00o i / 1 ~ o000 - Rewrr~ Ol > R~t~ I r / Y i f II f4~ 1 (ol Cal ~o i tEmigrant Lake p U egK ve Ashland GQ ~~l r;.l ~d~ J • l a!"', Plantings will protect too o a Bear Creek from solar exposure and offset the wanner water that is reintroduced to the creek I~ Ashland o wwrl` u 0 New pipes will parallel Bear Creek \ o o f and aid future capacity and needs oov • Additional oxidation ditch to handle expected increase in wastewater flow pp Cleaned water outfall relocated from °4 g D TAP Ashland Creek to Bear Creek, where it Q§;6 can mix with a greater volume of water 99 wastewater treatment introduction what do we need? why do we need it? how do Om8M system needs & protect public health rate. 1 Between now and 2022 the City of Ashland needs In order to manage wastewater and meet DEQ Ashland wastewater r an estimated $10,756,000 to fund wastewater requirements, Ashland needs to do the following: through increased rat j treatment projects. - increase plant capacity and manage peak flow - relocate current cleaned water outfall from j Ashland Creek to Bear Creek where it can mix with a greater volume of water - create more shade along Bear Creek by planting more trees F I 1 i N.M. I ~a f1' ! BGph. 8~L'< Bpd~~ i tree plantings additional pipe treatment ditch rell Plantings will create more shade New pipes with larger diameters will Additional oxidation ditch will handle Clear along Bear Creek to protect the parallel existing sections along Bear expected increase in wastewater flow. larger water from heating due to the sun. Creek to accommodate potential inste. capacity and peak flow. -cl 2 person family scenario O 0 2 person family water wastewatn Qwaqstcewater $85 $38 er wastewater $35 T $5 T $3 75 $30 T $5 6s% 10% T $12 T $5 15% wwatteer astewater 18% 20% Q 2 $21 T $6 T $2 12% tOYo rT 2012 May 2014 May 2016 May 2018 May 2020 May Bills represent Aug - - - - - - person family scenario 0 0 ED 4 person family F1 / ' water wastewater PT water wastewater $120 $43 water wastewater $113 $39 T $7 T $4 rr • $106 $34 T $7 T $5 6e/a 10% T $17 T $6 7% 15% water wastewater 16% 20% $73 $23 T $8 T $2 1 12% 10% 2012 May 2014 May 2016 May 2018 May 2020 May Bills represent Aug restaurant rate scenario ONE Restaurant wter wastewater ater wastewater $3 27 $493 t I 08 $447 $19 T $46 water w@agstefwater 7% 1$% ffn $20 T $60 6% 10% $243 $320 T $az T 20% 20% PI 2012 May 2014 May 2016 May 2018 May 2020 May Bills represent AugL i breakfast rate scenario , AIR B&B "ter t • ' ry wastewater 196 85 $60 $11 r • fl2% water wastewater $12 T $8 6% Ac ~.~q 7% 15% r wastewater @1`~ @ 20 $35 T za zo~a 14 T $3 10% rl 2012 May 2014 May 2016 May 2018 May 2020 Mo Bills reprw hotel rate scenario a,l ■ ' ■ i _ Hotel it , , water wastewater water wastewater $1373 $1724 . water wastewater $1294 $1564 T $79 +$160 TiM water wastewater $1212 $1354 + $82 T $210 6% 10% $1020 $1119 T $192 T $235 7% 15% wastewater 18% 20% $925 $1n -r $194 T $84 20% 20% 10% 2012 May 2014 May 2016 May 2018 May 2020 May i Bills represent Aug Ir ASHLAND oarcoA Y End of Slide Show z4 CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Contract with the University of Oregon for Downtown Parking and Multi-Modal Study FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY This is a research services agreement with the University of Oregon's Community Service Center (CSC) to complete a downtown parking and multi-modal circulation study at a fixed cost of $35,000. The study was recommended as a priority project in the recently adopted Transportation Systems Plan. BACKGROUND AND POLICY IMPLICATIONS: On March 19, 2013, the City Council adopted Ashland's new Transportation System Plan (TSP). The fiscally constrained section of the plan includes a recommendation to complete a downtown parking and multi-modal circulation study at an estimated cost of $100,000. Given that this project is listed as a high priority, staff included the study in the recently adopted biennial budget. However, $35,000 was budgeted for the project after it was determined that the CSC could do it for that cost. Concurrent with the budget process, staff began developing a scope of work proposal with the University of Oregon's CSC to complete the downtown study as proposed in the TSP within the $35,000 budget. The study is intended to review pedestrian, bicycle and vehicle circulation and truck parking within the downtown corridor. The study will evaluate the effectiveness of existing downtown parking management, truck loading zones and travel demand management strategies. The study also evaluates alternatives that were generated during the TSP update process. The proposed scope of works takes into consideration that most of the traffic engineering for potential alternative road configurations was completed in conjunction with the TSP. The primary focus of the downtown study is to: • Update the parking inventory • Evaluate parking utilization • Conduct bicycle and pedestrian counts and infrastructure inventory • Conduct two community business surveys (one for downtown businesses and the other to include residents and visitors) • Community engagement (host several public outreach meetings) • Completion of a policy evaluation Staff plans on creating a downtown study advisory group that will include at least two members from the Planning Commission and two members from the Transportation Commission. In addition, the group will include two Chamber of Commerce members, two downtown business owners, and two Page I of 2 ~r, CITY OF ASHLAND residents who live in the downtown area. The goal of this project is to fully engage the downtown community in any potential solutions that may result from the study. FISCAL IMPLICATIONS: University of Oregon's CSC proposal includes a fixed fee of $35,000 that matches the biennial 2013- 15 street fund budgeted amount for this project. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed downtown study with the University of Oregon's CSC. SUGGESTED MOTION: Move to authorize the City Administrator to sign the research services agreement with the University of Oregon's CSC to complete the downtown study. ATTACHMENTS: Agreement Page 2 of 2 ~r, RESEARCH SERVICES AGREEMENT NO. 20276 This research services agreement ("Agreement") is between the City of Ashland, Oregon ("Client"), and the University of Oregon ("University"). 1. Scope of Work University will perform the services described in Exhibit A - Scope of Work (the "Work"). 2. Period of Performance This Agreement is effective when signed by both parties and will terminate on 9/30/2014. 3. Payment A. Fixed Fee. Client will pay University a Fixed Fee of $35,000.00 for performance of the Work. B. Payment Schedule and Address. Client will make payments according to the following schedule. 1. Schedule. Client will pay University $10,000.00 of the fixed fee upon execution of this Agreement. Client will pay University interim payments based upon Work completed as of 12/31/2013, 6/30/2014, and upon completion of the Work at the rates included in Exhibit A. 2. Payment Address. Client will submit payments to: University of Oregon c/o Cashiers PO Box 3237 University of Oregon Eugene, OR 97403-0327 4. Funds Available and Authorized Client certifies at the time of signing this Agreement that within Client's current appropriation or limitation it has sufficient funds available and authorized for expenditure to cover all payments this Agreement requires. 5. Termination Both parties may mutually agree to terminate this Agreement at any time. Either party may terminate this Agreement with 30 calendar days written notice to the other party's Business Contact. If Client terminates this Agreement, it will pay University for services rendered, work performed, non- cancellable obligations created, and costs incurred up to the date of termination. 6. Ownership of the Work Product A. University Work Product. All work product University produces under this Agreement is the property of University. University grants to Client a royalty-free, non-exclusive, non- commercial and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, that work product. B. Client Work Product. All work product Client produces under this Agreement is the property of Client. Client grants to University a royalty-free, non-exclusive, non-commercial and irrevocable license to reproduce, publish, and otherwise use that work product. Page 1 of 4 C. Joint Work Product. Client and University are joint owners of and both may reproduce, publish or otherwise use, and to authorize others to use, for non-commercial purposes work product produced by both parties jointly under this Agreement. 7. Disclaimer UNIVERSITY DISCLAIMS ANY AND ALL WARRANTIES BOTH EXPRESS AND IMPLIED WITH REGARD TO UNIVERSITY'S PERFORMANCE OF THE WORK AND ANY DELIVERABLES UNIVERSITY PRODUCES UNDER THIS AGREEMENT, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS THEREIN, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS OR CLAIMS, OR NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 8. Insurance University is self-insured under ORS Chapter 351, with adequate levels of excess liability insurance. 9. Notice and Contacts A. Notices. Except as otherwise expressly provided in this Agreement, the parties will provide any communications or notices in writing by personal delivery, facsimile, first-class mail (postage prepaid) or email to the other party at their address set forth below unless either party has designated a different contact with a previous notice. B. Effective Date. All notices a party mails are effective three (3) days after the party mails the notice. All notices a party sends by facsimile or email are effective when the transmitting machine generates receipt of the transmission. All communications or notices a party delivers in person are effective when that party actually delivers the notice. C. Contacts. Communications concerning work to be performed under this Agreement will be sent to: Client (Technical) University (Technical) Michael Faught Robert Parker 20 E Main Street 1209 University of Oregon Ashland, OR 97520 Eugene, OR 97403-1209 (541) 552-2410 (541) 346-3801 faughtm@ashland.or.us rgp@uoregon.edu Invoices and communications in regards to this Agreement will be sent to: Client (Business) University (Business) Same as Technical Contact Sponsored Projects Services 5219 University of Oregon Eugene, OR 97403-5219 Phone: (541) 346-5138 sponsoredprojects@a uore on.edu 10. Confidential Information "Confidential Information" is any materials, written information, and data that the Client marks "Confidential" or non-written information and data that the Client discloses and identifies at the time of disclosure to University as confidential and later reduces to writing and transmits to University within 30 days of their non-written disclosure. University agrees to use the same degree of care it uses Page 2 of 4 to protect its own confidential information and, to the extent permitted by law, including but not limited to the Oregon Public Records Law, to maintain as confidential for a period of 3 years the Confidential Information Client discloses to University under this Agreement. University's obligations in this section do not apply to information in the public domain or that University independently knows or obtained. 11. Publicity Client will not authorize or commission the publication of any promotional materials containing any reference to University without University's prior written approval. University may include Client's name in listings of research sponsors. 12. Independent Contractors University and Client are independent contractors and nothing in this Agreement creates a partnership, agency, or joint venture between the parties. Neither party has the power to bind or obligate the other in any manner, other than as this Agreement expressly sets forth. Each party is responsible for wages, hours and conditions of employment of their respective personnel under this Agreement. 13. Choice of Law The laws of the State of Oregon govern this Agreement. 14. Indemnity A. University. To the fullest extent permitted by the laws of the State of Oregon, University will protect, indemnify, and save Client harmless from and against any damage, cost or liability for any or all injuries to persons or property arising from University or its employees' or agents' negligent acts or omissions. B. Client. To the fullest extent permitted by the laws of the jurisdiction in which Client's headquarters is located, Client will protect, indemnify, and save Oregon harmless from and against any damage, cost or liability for any or all injuries to persons or property arising from Client or its employees' or agents' negligent acts or omissions. 15. Sovereignty Nothing in this Agreement is a waiver of Oregon's sovereign or governmental immunities. 16. Severability If a court of competent jurisdiction determines any term or provision of this Agreement is invalid or unenforceable to any extent, it will not be affect the remainder of this Agreement, and each term and provision of this Agreement will remain valid and enforceable to the fullest extent law allows. 17. Compliance University agrees to comply with all applicable Federal and state laws, including but not limited to those regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or disability. 18. Non-Waiver If either party fails to enforce any provision of this Agreement it does not constitute that party's waiver of that or any other term or provision of this Agreement. 19. Execution and Counterparts The parties may execute this Agreement in counterparts, and via facsimile or electronically transmitted signature (i.e. curtailed scanned true and correct copy of the signed Agreement), each of Page 3 of 4 which the parties will consider an original and all of which together will constitute one and the same agreement. At the request of a party, the other party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting party. 20. Entire Agreement; Modification This Agreement, including all exhibits and attachments, constitutes the sole agreement between the parties with respect to is subject matter. The parties may only amend it in writing signed by an authorized representative of each party. CLIENT UNIVERSITY OF OREGON Signature Signature Analinda Camacho Name Name Director, Sponsored Projects Services Title Title Date Date Tax ID No. Tax ID No._ Exhibit A - Scope of Work Page 4 of 4 Exhibit A Scope of Work: Ashland Downtown Parking Management and Business Development Analysis This scope of work outlines research and public engagement activities related to management of parking and business development in downtown Ashland. The Scope of Work describes how the University of Oregon Community Service Center (CSC) will approach the project, outlines specific tasks, and a project schedule and budget. OVERVIEW In February 2013, the City of Ashland contacted the Community Service Center to conduct research and policy analysis related to parking management in Ashland's downtown core. The city's summarized the project as follows: The City of Ashland will conduct a downtown parking and multimodal circulation study to review pedestrian, bicycle and vehicle circulation and vehicle and truck parking within the downtown corridor. The study will evaluate the effectiveness of existing downtown parking management, truck loading zones and travel demand management strategies to increase overall accessibility to downtown for tourists, citizens, students and employees. The study will also evaluate alternatives generated during the Transportation System Plan update analysis phase which included bicycle lanes and wider sidewalks on East Main Street through the downtown corridor. The effort will be informed by previous work and will address several previously identified issues. Previous work has identified a number of issues related to parking: • Concern that the existing supply is currently "at capacity" during peak days and seasons. • Suspicion that employees are using core area short-term parking, thereby reducing "capacity" for customers and visitors. • A desire to balance short-term "retail" parking, theater patron and employee parking demand in a manner that continues to support downtown vitality. • A desire to make best use of off-street facilities both in and outside of the core area. • The need for a better system/plan for communicating parking to users (e.g., signage, marketing). • Concern that "pricing" parking will have a negative effect on customer traffic. • The need for a plan that assures maximum utilization of the supply to meet intended uses. 1209 University of Oregon I Eugene, Oregon 97403 1 T: 541.346.3889 1 F: 541.346.2040 A 2011 white paper prepared by Kittleson & Associates concluded that many of the improvements identified have yet to be implemented in Ashland and therefore, are still relevant projects to work towards implementing. Moreover, the data collected in previous studies is old and needs to be updated. PROJECT APPROACH This project requires a mixture of land use, transportation planning, transportation engineering, and public involvement skills. CPW has expertise in all of the areas with the exception of engineering. We don't perceive that as a significant limitation; close communication with city staff will allow us to develop the data that city transportation engineers need to complete any required technical analysis. This project is typical of planning projects: it has a significant data collection phase that is intended to inform local policy decisions. As such, this project needs to include an objective data collection phase and a robust public process. The data collection will focus on an inventory of parking as well as parking use. The process could include establishing a project advisory committee, surveys, focus groups, and public workshops. The intent of the data collection and public process is to develop a comprehensive understanding of parking use and downtown access and clearly communicate that to the community. The process will also identify policy options through literature review and case studies. These options need to be clearly articulated and vetted through the project advisory committee who will make recommendations to the city Planning Commission and/or City Council. Based on discussions with city staff, the project will take 18 to 24 months to complete. Our work program addresses the initial 12 months of the project. While this is not a particularly large project, it has a lot of elements and public engagement is crucial to bringingthe process to policy decisions. Our approach for projects such as this one is to (1) work closely with staff throughout the project to ensure we are meeting local needs and making adjustments that reflect our collective best thinking,.and (2) providing interim products that serve as a foundation for moving the overall effort forward. The second will be important in this project because it will involve multiple policy decisions that may include parking management and fees, transportation and circulation, and land use. SCOPE OF WORK The CSC research team will work under the direction of Robert Parker, (Director) and will include Michael Howard of the CSC staff and graduate students at the University of Oregon. The scope of work outlines the key task and deliverables CSC will produce. Task 1. Project Kick-Off After the execution of a service agreement, CPW will meet with City staff, and the Project Advisory Committee (Task 2) to review the Scope of Services. The purpose of the meeting is to Ashland Downtown Parking and Business Development Project SOW June 2013 Page 12 clarify project goals and objectives, adjusting the project approach and schedule accordingly, and to gather relevant data and documents. We propose to combine this with an initial field data collection effort. Schedule: Within the first month Product(s): Meeting minutes Meetings: 1 with staff and other interested parties Task 2. Project advisory committee Because community involvement is importation early and often in projects that have policy implications, the city would establish a project advisory committee (PAC) which CSC would facilitate over the project cycle. For this phase of the work program, we propose 6-8 meetings with the committee to process the data and explore policy options. We will work with staff to develop an overall strategy that includes a schedule and topic list for the PAC meetings. The schedule and topics will correspond with key data collection and analysis tasks described in this work program. Schedule: Ongoing Product(s): Meeting minutes Meetings: 6-8 meetings with the PAC Task 3. Update parking inventory Having an accurate database of information to build from is important. This task will build from existing city and other data sources to develop a comprehensive parking inventory within the downtown study area. CPW suggests validating the inventory through field work. Schedule: Summer 2013 Product(s): Parking inventory (chapter in report) Meetings: none; field work may be combined with Task 1 kick off Task 4. Parking utilization analysis Having good data on parking utilization will be important to developing a better sense of the types of parking issues that exist, and what policy options might be considered to address them. The nature of users (e.g., visitors, residents, employees, etc.) and the seasonality of use are important considerations in developing a method for parking utilization. To determine utilization, we propose to send students out in the field at specific times to document utilization. We propose to use a systematic approach to conducting the utilization analysis that samples across days of the week, time of day, and potentially season. The'analysis should keep specific data about parking availability in downtown, potentially using GPS to document open sites throughout a predefined study area. Schedule: Initial work in Summer 2013; specific dates of monitoring will be determined through consultation with city staff Ashland Downtown Parking and Business Development Project SOW June 2013 Page 13 Product(s): Parking utilization analysis (chapter in report Meetings: none Task 5. Traffic/pedestrian/bicycle counts and infrastructure inventory This task has two components (1) traffic, pedestrian and bicycle counts, and (2) an inventory of key bicycle and pedestrian infrastructure. We will use historic data on traffic provided by the city. Pedestrian and bicycle counts would be conducted through observation and could be combined with the parking utilization study. This task will include a more detailed update of the inventory presented in the 2001 Ashland Downtown Plan. CPW will conduct a walkability analysis of the study area (and surrounding neighborhoods if desired) including variables such as sidewalk density. Schedule: Initial work in Summer 2013; specific dates of monitoring will be determined through consultation with city staff; field work will be combined with Task.4 Product(s): Inventory and counts (chapter in report) Meetings: none Task 6. Community and business survey CPW has conducted hundreds of surveys as part of our project work. We specialize in mail and online surveys. We propose to conduct two surveys as part of this project: (1) downtown businesses; and (2) Ashland residents and visitors. 6.1 Business Survey (funded through CSC grant) We propose to conduct an online survey of Ashland businesses. CPW will work with city staff and the Ashland Chamber of Commerce to develop as comprehensive list of downtown businesses as possible. The survey will be conducted online using the web survey hosting software Qualtrics. CPW will work closely with staff and the PAC to identify specific questions to include on the survey. We will pilot test the survey with a small number of potential respondents (3 to 5) and make any final changes based on comments. We will then administer the survey via an email with a link (the email could either come from CPW, the City or the Chamber). We will contact potential respondents up to four times to improve response rates. We will then analyze the survey and present the results to city staff and the PAC. 6.2 Online resident/visitor survey As a step to increase community input in the process, we propose to conduct an online "convenience' survey. A convenience survey is a non-random sample methodology that is available to anyone interested in providing input. Such surveys are good for scoping issues or brainstorming policy options. Because they are not random, the results cannot be inferred to the entire sample population. The process for developing and administering the online survey would be similar to that of the business survey. Ashland Downtown Parking and Business Development Project SOW June 2013 Page 14 Schedule: Summary/Fall 2013; analysis in Winter 2014 Product(s): Survey summaries (appendix to report) Meetings: none Task 7. Community engagement The project concept provided by the city included a task to organize and several public outreach meetings at certain stages of study development. CPW proposes to work with staff to develop a public outreach strategy that could include key person interviews, focus group meetings, and public workshops. The specific community engagement approach will need to fit within the budget constraints. Schedule: Ongoing Product(s): Community engagement strategy; implementation of the strategy Meetings: TBD Task 8. Policy Evaluation This project will require the identification and vetting of policy options to the project advisory committee. These options come from literature reviews, case studies, and interaction with staff. Successful programs used in other jurisdictions are often a good starting point; however, they need to be customized to address local objectives, capacity, and politics. The advisory committee process will include identification and preliminary evaluation of policy options. We will work with staff to identify the specific policy options to take to the committee, but they will focus around parking supply, parking management, circulation, alterative mode infrastructure and access, and potentially other issues. Schedule: Ongoing Product(s): Policy options presented to PAC . Meetings: combined with PAC meetings Task 9. Presentations to Planning Commission/City Council (Optional) CPW can be available for presentations to Planning Commission and/or City Council. We estimate the cost at approximately $1000 per meeting. KEY DELIVERABLES • Produce and conduct a community survey and a business survey that will address parking, truck loading and pedestrian, bicycle and vehicle circulation in the downtown corridor. (CSC) • Collect and analyze community input. (CSC and City) • Develop and conduct public outreach, marketing and education campaigns for development of study. (City) • Organize public outreach meetings at certain stages of study development. (CSC and City) Ashland Downtown Parking and Business Development Project SOW June 2013 Page 15 • Arrange and facilitate meetings with an appointed technical advisory committee that will consist of three members-at large, members of the downtown committee, city staff and three members each from the transportation and planning commissions. Take meeting minutes and submit to city staff. (CSC and City) • Conduct traffic/pedestrian/bike counts at the direction of the traffic engineer. (CSC) • Create a website that includes the downtown study information and survey. (City and CSC) • Provide electronic and hard copies of all draft and final documents, maps, tables, etc. used and built for study. (CSC) CPW will compile the results of Tasks 1 through 8 into a draft and final report and implementation plan. CPW will provide city staff and the PAC with the draft report for review and comment. BUDGET AND SCHEDULE CPW proposes to complete the tasks outline in the scope of work for a fixed fee of $35,000. Table 1 summarizes the project budget. Note that the CSC will cover the costs of Task 6 through other CSC funds. Ashland Downtown Parking and Business Development Project SOW June 2013 Page 16 Table 1. Project budget Category Total Labor Task 1: Project Kick-Off $500 Task 2: Advisory Committee $6,000 Task 3: Update Parking Inventory $2,000 Task 4: Parking Utilization Analysis $2,000 Task 5: Use counts and infrastructure inventory $3,000 Task 6: Community and business survey Task 7: Community engagement $6,000 Task 8: Policy evaluation $5,000 Task 9: Presentations (optional) - Subtotal $24,500 Direct Travel $2,000 Printing of final documents $130 Supplies for meetings $150 Subtotal $2,280 Univeristy Overhead (@30.7%) $8,220 TOTAL $35,000 Task 6 funded through other CSC sources CPW is available to initiate work on this project in the summer of 2013. Figure 1 shows a tentative project schedule. Figure 1. Proposed project schedule Task Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Task 1: Projea Kick Off Task 2: Advisory Committee Task 3: Update Parking inventory Task 4: Parking Utilization Analysis Task 5: Use counts and infrastructure inventory Task 6: community and business survey Task 7: Community engagement Task 8: Policy evaluation 1 Task 9: Presentations (optional) Ashland Downtown Parking and Business Development Project SOW June 2013 Page 17 CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Award of Contract to Apparent Low Bidder for the 2013 Slurry Seal Project FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY On June 27, 2013 at 2:00 p.m. bids submitted for the 2013 Slurry Seal Project were opened and publicly read. Bids were received from three contractors with Blackline Inc. providing the low bid. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: The 2013 Slurry Seal Project was publicly bid on June 6, 2013. The project was publicly advertised in the Mail Tribune and the Daily Journal of Commerce. In addition, project plans and specifications were sent to several plan centers and were also posted on the City's website. Bids were opened on June 27, 2013 at 2:00 p.m. with three contractors responding. All three bids were valid and contained the required bonds, documentation, and acknowledgements. Bidding information is shown on the attached proposal summary form. Proiect Description: The project includes application of slurry seal on various streets throughout the City. The street list is attached for reference. A slurry seal is a homogenous mixture of emulsified asphalt, water, well graded fine aggregate and mineral filler. Slurry seals are used to fill existing pavement surface defects as either a preparatory treatment for other maintenance treatments or as a wearing course. FISCAL IMPLICATIONS: The 2013 Slurry Seal Project is funded directly by the City as a capital improvement project (CIP). The established budget in the CIP was $100,000 for the slurry seal project. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council accept the bid and authorize the award of contract with Blackline, Inc. in the amount of $74,827.21 for the 2013 Slurry Seal Project. SUGGESTED MOTION: Move to approve the bid and award of contract to Blackline Inc. in the amount of $74,827.21 for the 2013 Slurry Seal Project. ATTACHMENTS: 1. Bid Summary 2. Slurry Seal Street List Page 1 of I 1~, CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: Slurry Seal Project No.: 12-10 Date of Bid Opening: June 27, 2013 - 2:00 p.m., Siskiyou Conference Room No of Addendum: (1) 1 2 3 4 5 6 Asphalt Maintenance Name of Bidder Associates Blackline Inc. VSS International Sum of Bid $87,218,93 $74,827.21 $145,211.17 Old Republic Contractors Name of Surety Bonding and Western Surety Bondin Co. Insurance Company Amount of Bid 10% of Bid Total 10% of Bid Total 10% of Bid Total Bond Addendum Yes 1 of 1 Yes 1 of I Yes 1 of 1 Acknowledged GApub-wrks\eng\08-23 Nevada Sewer BypassUAdmin\Construclion Admin\Bidding Process\08-23 Bid Summary 7-I8-12 RID SCHEDULE 2013 STREET SLURRY SEAL PROJECT Project No. 2012-10 Z]Q DESCRIPTION Qw- 1jL I im AMOUNT rr IFiGiIRF51 ' SECTION 00200 TEMPORARY FEATURES & APPURTENANCES 1 Mobilbation for hi? t 160S(AytaDOllars 1 $ $ O a SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC Temporary W,-fork Zone & Traffic Control, Complete for , '1 ~a $ a `oo Tu:o 2 - \nowS9ldrl'Dollars S LS $C/ SECTION 00280- EROSION AND SEDIMENT CONTROL 3 For `\l ri Dollars 1 LS $ , $ \ SECTION 00700- WEARING SURFACES SECTION 00706-EMULSIFIED ASPHALT SLURRY SEAL SURFACING (TYPE III) See {]7 I3 Woodland Dr-Pin=s, Tr to Indiana S -7 ©l2 / - 1~ \ Jl lY a for✓2tK'Y SandrfcPy~Dollars Q G 4 4- / 0 5 \ e Cent 3,217.29 YD $ $ Sec 8-2 Walker v- Pinecrest Tr to Windsor St. 0tvq, qb S forTv✓C{vC rAo" S;y Dollars 5,534.13 SQ IS t Seco9-Pin rest Tr-end ofropdw Woodland Dr Dam S-/ SQ ?J \(l~~` ` for 1 S1 uS ~~'t 4 V 6 y f: e Gz 1,401.00 YD $ $ Scc77201ndiana St-Madronc SC to d Dr Q '-1 '1• J~ 7 forNn SY{nd Utt w +r.`J Mars ce„1 4,207-SO YD $ 1 \ 1I tX Sm 7-25 Windsor St-Palmer Rd to di a St SQ 1 Q s -1 For-rWO nu yna~ One tlvwAf ADollars 8- si o S w.sv.z.9e CeKf 983.56 YD $ Sm"3 Ashland St-Beach Avto tvIo rton St S 9 Pow nNd i w¢/ F~ „2 Dollars 2,30522 YD $ V $ t . Sec6-79 S Mo rain Av- -And of cul de sae to Prospect St Por i~lZ. a h ~cs (`4- ?wt; Mars SQ 10 t: • 4,14'1.86 YD Sec 6-89 Row St- Emma St to Prospect'~t'"~- j L rr~~ 11 SFor'rwr Thov Tt4/0 'tlu`k~~lLllars 1956-00 YD $ot~' $ ~ \(Jt~` 9. ~O Ci y or AShf..d Jvae W13 14 of 02 s~ NO DESCRIPTLON orr. IIN1T PRICE BOOM II (FiGURESI Sec 6--96 Emma St-Elkad V Roca SQ orTu 7 ee ~t1t7~Re~Dollar 02 YD $~.I .,J l V 12 .,•c GIAC w '6 c4 lOR8. Sca 6-97 E a St- S Mow m Av to Umder St S For7W~' V std grt-f~ i v~ F wJ (yDotlazs Q 13 we vvo r e CA • 1157.23 YD $ Sec 6-98 Emma St - End of road to S Mounl Ave S~ ^J orTwc `It4ouScivla V-0 }1l,'4 Ilars SQ nn $a` ~O~. o3 14 ! v AvL% w za- Cen{ 1184-51 YD $ ..I O Sec 7-44 Leonard St - Woodland Dr toppMadrone t SQ a 15 t NONO- e1 A(7 NU ~vu4 (%Ii) 4389.48 YD l~ ewen tots nui~; 6i i oK r' f ll (/s~ v 1 !u'z.A SZd2 ~~R(s tal 'fv,~,n fht2 ~e:t Totdteid $ City of Ashland June 2013 is of az CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Appointment of Damian M. Idiart as Judge Pro Tem FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY On July 18, 2013, a request came from Municipal Court Judge, Pamela Turner, to appoint Damian M. Idiart, attorney at law, as Judge Pro Tern for the Ashland Municipal Court. This appointment requires confirmation of the Council under AMC section 2.28.200. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland Municipal Court typically has two Judge Pro Terns to call upon. Barbara Jarvis has served since 1990, and Allan Drescher has served since 2007. However, both Ms. Jarvis and Mr. Drescher are limited in the hours they are able to serve as Judge Pro Tem. Appointing Mr. Idiart will increase the hours the court is able to operate in Judge Turner's absence. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends appointment of Damian M. Idiart as Just Pro Tem to the Ashland Municipal Court. SUGGESTED MOTION: I move to approve the appointment of Damian M. Idiart as Just Pro Tem to the Ashland Municipal Court. ATTACHMENTS: Request from Judge Turner Page 1 of 1 ~r, CITY OF ASHLAND JULY 18, 2013 Dear Mayor Stromberg, Pursuant to Ashland Municipal Code Section 2.28.200 (attached), I would like to recommend that Damian M. Idiart, attorney at law, be appointed by you, with confirmation by the City Council, as an Ashland Municipal Judge Pro Tem. Beginning in 2010, Mr. Idiart has represented defendants in Ashland Municipal Court both as retained and court -appointed counsel. He is an excellent attorney and is familiar with our court procedures and staff. I consider him an ideal candidate and recommend him wholeheartedly. Very truly yours, Pamela B. Turner Ashland Municipal Judge MUNICIPAL COURT TEL: $41.482.5214 1175 EAST MAIN STREE FAX: 541.488.5586 ASHLAND, OREGON 97520 TTY: 800.735.2900 WWW.ASHLAND.OR.IIS Section 2.28.200 Municipal Judge-Pro tempore. The Mayor, with confirmation by the City Council, shall appoint a Municipal Judge Pro tempore, who shall serve as Municipal Judge in the absence from the City of the elected Municipal Judge, or due to the inability of said elected Judge to serve. The Municipal Judge shall have a right to submit recommendations as to the appointment or dismissal of the Municipal Judge Pro tempore, however, this shall not limit the Mayor's power to appoint or dismiss. The Municipal Judge Pro tempore shall be employed at the expense of the City upon such terms as are prescribed by the Council or City Administrator. (Ord. 1399 S19, 1965; Ord. 2266 S5, 1983; Ord. 2268, 1983) J Page 1 of 1 CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Liquor License Application for Gill Anderson dba Platt Anderson Cellars FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Gill Anderson dba Platt Anderson Cellars at 330 Otis Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under consent agenda item, a motion to approve liquor Gill Anderson dba Platt Anderson Cellars. ATTACHMENTS: None Page I of 1 ME, CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Liquor License Application for Mary Dozier dba The Deli Downstairs and Lounge South FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Mary Dozier dba The Deli Downstairs and Lounge South at 107 E Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to -approve liquor Mary Dozier dba The Deli Downstairs and Lounge South ATTACHMENTS: None Page I of I rpla CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Request for Approval of AFG SAFER Grant Application Through the Department of Homeland Security FROM: John Karns, Fire Chief, Ashland Fire & Rescue kamsi@ashland.or.us SUMMARY This item authorizes Ashland Fire and Rescue to apply for funding for three firefighter positions through the United States Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) grant program. BACKGROUND AND POLICY IMPLICATIONS: The Department of Homeland Security SAFER grant program is designed to assist local fire departments with staffing so they may respond to fire and fire-related emergencies safely and effectively. The goal of the SAFER grant program is to enhance a local fire department's ability to comply with staffing, response, and operational standards established by the National Fire Protection Association (NFPA) and the Occupational Safety and Health Administration (OSHA). Specifically, the grant focuses on standards included in deployment and assembly sections of NFPA 1710 and the respiratory protection section of OSHA 1910.134. The current minimum level for Ashland Fire & Rescue is eight members each shift. This staffing level is short of NFPA standards, OSHA requirements, DHS recommendations, as well as ICMA (International City/County Management) averages. • NFPA 1710: Regardless of the type of fire company, each must consist of a group of trained and equipped fire fighters under the supervision of an officer who operates and arrives on the emergency scene with one piece of fire apparatus. The standard allows for an exception in those instances when multiple apparatus are used to make up a company. The standard does however still require that even if this multiple vehicle approach is used that the department still adhere to the company response time guidelines, and that a company consist offour persons, more when high hazards exist. • ICMA's municipal yearbook report of 2006, Section: three Police and Fire Personnel, Salaries and expenditures for 2005 stated (report studied over 3,200 municipalities): Full Time Paid Personnel Number of firefighters per 1,000 population: Population of 25,000-49,999 1.66 Population of 10,000-24,999 1.62 Page 1 of 2 ~r, CITY OF ASHLAND • ICMA stated: "Various controlled and statistically based experiments by some cities and universities reveal that if about sixteen (16) trained firefighters are not operating at the scene of a working fire within the critical time period, then dollar loss and injuries are significantly increased, as are the square.feet offire .spread. As firefighting tactics were conducted for comparative purposes, five person fire suppression companies were judged to be 100 percent effective in their task performance, four person companies 65 percent effective three person companies 38 percent effective" • ICMA's published average is 5.7 firefighters per 10,000 residents. Ashland currently staffs four firefighters per 10,000 if Southern Oregon University residents are not considered. • OSHA is an agency that creates regulations that must be followed by fire departments and other employers. In 1998 OSHA revised it Respiratory Protection regulation, which had a great impact on the fire service operations. This regulation is often referred to as the "2 in, 2 out" rule. Here are some of the requirements of Respiration Protection - 63:1152-1300: • The use of respirators is required in atmospheres that are Immediately Dangerous to Life or Health (IDLH). Interior structural fire fighting is considered an IDLH atmosphere by definition. • Two firefighters must be on standby to provide assistance or perform rescue when two firefighters are inside the burning building. What this means is that in-order for the first arriving fire engine to begin attacking the fire, four firefighters must be on the engine. The SAFER grant program allows Ashland Fire & Rescue an opportunity to begin to create a staffing level commensurate with recognized standards and regulations while having the actual cost of compensation underwritten for two years by the Department of Homeland Security. Ashland Fire & Rescue is an excellent candidate for the SAFER grant program due to its increasing call volume, increased response time, degree of hazard exposure, and current staffing level. Some significant grant parameters are: • This SAFER grant has no requirement to retain the firefighters beyond the period of performance. Federal funds may be used to pay for 100 percent of the actual salary and benefit costs of rehired firefighters with no requirement for a local cost-share. • Grants to hire new firefighters have a 2-year period of performance. FISCAL IMPLICATIONS: Approximately $3800 per new employee for turnouts, uniforms, and other personal protective equipment. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council direct Ashland Fire and Rescue to apply for three positions through the DHS SAFER grant program SUGGESTED MOTION: I move to direct Ashland Fire and Rescue to apply for three positions through the Department of Homeland Security SAFER grant program. ATTACHMENTS: None Page 2 of 2 CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting A Resolution Directing City Administrator to Establish Standards for Street Pennant Policy and Guidelines and Repeal Resolution 2010-32 FROM: Ann Seltzer, Management Analyst, seltzeraoashland.or.us SUMMARY The City Administrator currently is authorized to approve street pennant permits. Granting the City Administrator the authority to approve changes to the Street Pennant Policy and Guidelines as needed would eliminate City Council approval for each modification. This change improves efficiency for staff and Council and could improve timeliness for applicants. Specific modification requests that have arisen over the past year include allowing the use of non-mesh fabric, adding the overpass at Exit 14 in the designated south Ashland entrance zone and allowing the placement of pennants on the fence at Exit 14 rather than the pedestrian scale light poles. Each of these requests would have required Council action under the current resolution. BACKGROUND AND POLICY IMPLICATIONS: Street Pennants are vertically oriented, one-piece fabric material installed on street light poles. The intent of the Street Pennant Program is to add color and excitement to the city's streetscape, promote the general economic interests of the community though the promotion of cultural and season activities that enhance the economic viability and overall vitality of the community. In 2010 Council approved a resolution setting the standard, policy and fee for Street Pennants and adopted the Street Pennant Policy and Guidelines. At the request of the Council, the Street Pennant Policy and Guidelines, as it relates to the downtown core, was developed in conjunction with an ad hoc task force of the Chamber of Commerce. The policy requires that existing pennant participants become compliant by 2015. Because the pennants are expensive (upwards of $400 per pennant) the task force felt it could be a financial burden to existing pennant participants to comply with the design guidelines within a shorter period of time. Extending the compliance date to 2018 allows additional time for existing pennant holders to budget appropriate costs for changes and additions to their existing pennants. The existing policy also requires the new pennants be made of heavy duty mesh vinyl. This requirement was included to allow maximum wind flow through the pennants to ease strain on the aging pennant brackets on light poles in the downtown. In 2011, new reinforced pennant brackets were installed on the downtown light poles. There has not been an instance of bracket damage or breakage due to wind since the new brackets have been in place. The mesh fabric does not allow for flexibility in design concepts and is no longer necessary. Pagel of 3 1OPFFr, CITY OF -ASHLAND During the aesthetic design process with ODOT for exits 14 and 19, the Aesthetic Design Committee, comprised of representatives of city commissions, requested ODOT allow for and provide the opportunity for the City to place street pennants on the overpass at Exit 14. REGULATORY BACKGROUND The Pennants are exempt from the Sign Code section of the Ashland Land Use Ordinance under AMS 18.96.010 as "informational signs placed by the City of Ashland or by the State of Oregon in the publicly owned right-of-way..." RELATED CITY POLICIES Ordinance 2989 - Establishment of standard forms for right-of-way regulation and donation or loan of functional items Resolution 2009-29 - Minimum standards for functional items placed in the public right of way Resolution 2009-37 - Permit fees for installation of functional items in the public right of way Resolution 2010-32 - Allows the installation of pedestrian scale pennants in the Siskiyou Educational Zone The pennants are regulated by ODOT. The standards included in the Street Pennant Policy have been approved by ODOT. The Pennant Application Fee is $125. Highlights of current Street Pennant Policy and Guideline • There are six designated pennant zones: Downtown, North Ashland Entrance, Winburn Way and the South Ashland Entrance for the large pennants mounted on cobra lights and the Siskiyou Education, A Street/41n Street Commercial Zones for small pennants mounted on pedestrian lights. • Eligible applicants in the Downtown Zone include recipients of Economic, Cultural, Tourism and Sustainability grants, the Ashland School District, Southern Oregon University and the City of Ashland. In the other zones eligible applicants are limited to governmental agencies, including the Ashland School District, Southern Oregon University, the City of Ashland or its designee. • A maximum of three unique pennants is allowed in the Downtown Zone at any given time. One pennant permit is for long term display (pennants on display longer than six months) and two permits are the short term display (pennants on display less than two months). Eligible entities in the downtown zone include government agencies and recipients of Economic & Cultural Development Grants. • The A/Fourth Street zone and Siskiyou Educational zone is limited to small pennant installation on the pedestrian scale lights. All other zones allow only large pennant installation. • The downtown zone contains two designated locations for short term pennant installation (less than two months) with the remainder reserved for long term installations (longer than six months). All other zones allow long term installations only. • The applicant is responsible for the cost of the brackets, and bracket and pennant installation. Page 2 of 3 CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends repealing Resolution 2010-32 which addresses minimum standards, locations and policy and guidelines for the placement of street pennants and adopts Resolution 2013-XX which directs the City Administrator to approve modifications to the Street Pennant Policy and Guidelines as the need arises. SUGGESTED MOTION: I move to approve a resolution titled, "A Resolution Directing City Administrator to Establish Standards for Street Pennants", and repealing Resolution 2010-32. ATTACHMENTS: Resolution 2013 Revised Street Pennant Policy & Guidelines Page 3 of 3 RESOLUTION NO. 2013- A RESOLUTION DIRECTING CITY ADMINISTRATOR TO ESTABLISH STANDARDS FOR STREET PENNANTS RECITALS: A. On July 21, 2009, the Ashland City Council adopted Ordinance No. 2989, an Ordinance Amending AMC Chapter 13 to Establish Standard Forms for Right-of-Way Regulation and Providing for Donation or Loan of Functional Items; B. On October 20, 2009, the Council approved Resolution 2009-29, adopting inter alia, minimum standards for functional items placed in the City right-of-way; C. On December 15, 2009, the Council approved Resolution 2009-37, adopting inter alia, certain fees and charges for functional items placed in the City right-of-way; D. On February 3, 2010, the Council approved Resolution 2010-01, adopting additional minimum standards and fees for functional items - street pennants; E. On December 21, 2010, the Council approved Resolution 2010-32, amending minimum standards for functional items - street pennants; and F. Over time circumstances necessitate changes to the Street Pennant Policy and Guidelines, Council wishes to repeal Resolution 2010-32 and direct the City Administrator to establish standard changes to the Street Pennant Policy and Guidelines as the need arises. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Administrator shall establish and post "City of Ashland Street Pennant Policy and Guidelines" to provide standards and placement requirements for street pennants. SECTION 2. Resolution 2010-32 is hereby repealed in its entirety. SECTION 3. Except as specified in this Resolution, Resolutions 2009-29 and 2009-37 remain in full force and effect. SECTION 4. This resolution was duly PASSED and ADOPTED this day of August, 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of August, 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page 1 of I City of Ashland Street Pennant Policy & Guidelines DRAFT Revised (Modifications highlighted in yellow) IF August 2013 C177 OF ASHLAND Street Pennant Program Standards Overview Statement The intent of the City of Ashland Street Pennant Program is to add color and excitement to the city's streetscape, promote the general economic interests of the community through the promotion of cultural and seasonal activities that enhance the economic viability and overall vitality of the community. It is the intent of the City to provide existing pennant permit holders a five year timeline to comply with the standards and requirements of this program. All other pennant permit applicants will be required to comply with this program standard upon approval of the City Council. Program Scope & Eligibility Criteria Eligible pennants are those that, through the application process, match the above stated overall philosophy of the Program. Pennants may not advertise or promote commercial products or services, or religious, political or social viewpoints. Banners may not promote or advertise gambling. (per Oregon Dept of Transportation 5-5c) • With the exception of the Downtown Zone, eligible entities are limited to governmental agencies, including the Ashland School District and Southern Oregon University or the City of Ashland, including its approved designee's, such as the Ashland Chamber of Commerce. • Eligible entities in the Downtown Zone include governmental agencies, as well as recipients of Economic & Cultural Development Grants from the City of Ashland. • Permit applications must be submitted 60 days prior to the requested installation date with permit review and approval completed by the City Administrator a minimum of 30 days in advance of the installation date. Exceptions may be made to the policy concerning the approval timeline by the City Administrator at his/her discretion. • Installation of pennants is limited to the pennant zones displayed on the attached Pennant Placement Zone Map. The zones are associated with arterial (major) streets and proximity to major commercial, educational and cultural districts and are designated as follows: Downtown Zone -2 CITY OF -ASH LAN D North Ashland Entrance Zone - South Ashland Entrance Zone with Exit 14 overpass Siskiyou Educational Zone A/4 h Street Zone Winburn Way Zone Pennant Content Criteria Pennants must contain some graphic element (photo, illustration, etc) and may not consist of only text. Pennants may not include the following: • Phone numbers • Web addresses • Directives (turn left here, etc) • Business names/logo's The pennant material and graphic content color palette does not include neon or other overly bright colors. Refer to the Street Pennant Guidelines for suggestions and recommendations for maximizing the aesthetic and communication impact of the proposed pennant(s) Pennant Installation Street Pole Options There are two types of poles where pennants may be installed; the large overhead street lights (cobras) and the shorter pedestrian scale light poles (Sternbergs) and the fence on the Exit 14 overpass. The A StAth St Zone is limited to small pennant installation (see pennant construction specifications for details), while all other zones allow only large pennant installation. Many of the larger street lights are fitted with double horizontal brackets for pennant installation. Others do not have the necessary brackets for hanging pennants. Approved permit requests for pennant installation on poles without existing brackets may include a one time bracket purchase by the applicant and installation fee and will require 4 to 6 weeks prior to installation for ordering and installing the new brackets. Pennant Duration The Downtown Zone Map contains two designated locations for short term pennant installations (less than two months) with the remainder reserved for long term installations (greater than six months). All other zones allow only long term installations. The Downtown Zone is also limited to a maximum of three unique,.pennant messages at any time to maintain visual compatibility throughout the zone. The short term event permit holder is responsible for the removal and reinstallation of the existing pennant in their approved location and any coordination required to accomplish the task. -3 CITY OF ASHLAND The City of Ashland reserves the right to exclude specific pole locations for certain periods of time for other non-pennant City/Community Uses, such as holiday decorations. Installation/Removal Requirements Installation and removal of the individual pennants are the responsibility of the permit holder. Any contractor hired to install/remove pennants must meet the pre-qualification requirements of the City of Ashland Public Works Dept and may be required to obtain Oregon Department of Transportation (ODOT) lane closure permits depending on the location and method of installation/removal. Pennants must be removed by the applicant on or before the expiration date of the permit. Applicants may be charged with removal costs if not removed by the date listed on the permit and may not be eligible for future pennant installation approval. Pennant Construction Specifications There are two approved pennant sizes: a larger size for the overhead street lights and a smaller size for the pedestrian scale lights. Pennant installation must be consistent with the street light type, i.e. a small pennant will not be approved to be installed on the large overhead street light. • Large Pennant Size -136" in height, 48" in width, 4" pockets for connection with bracket • Small Pennant Size - 36" in height, 18" in width, 2" pockets for connection with bracket *See Street Pennant Guidelines for illustration details All approved pennants shall be manufactured/constructed to withstand wind gust at 20lbs per square inch using large format ink jet printing on two sides of heavy duty material approved and listed for indoor/outdoor use. A listing of pennant manufacturers used by previous pennant applicants will be generated and maintained by the City of Ashland for future applicant reference. Maintenance Standards pennants must at all times be maintained in a visually appealing manner, which is the sole responsibility of the permit holder. Pennants in disrepair must be maintained, replaced, or repaired. An individual pennant is defined as in disrepair when it is loose, frayed, torn, fallen, discolored or faded 4 CITY OF ASHLAND The City, at its discretion, may contact permit holders requesting they repair or remove pennants that are not adequately maintained. Additionally, the City has the authority to remove any pennants that it determines pose a safety risk to the public, with our without prior notice, with costs of such actions being billed to the applicant. Application Information The Applicant must have Commercial General Liability (CGL) Insurance with minimum limits of $500,000 per occurrence, $1,000,000 aggregate. By endorsement, the CGL policy shall name the City of Ashland, its agents, directors, officers, employees and volunteers as additional insureds. The additional insured endorsement must provide primary and non-contributory coverage. A certificate of insurance with the additional insured endorsement must be provided and approved by the City of Ashland prior to banner installation. An application fee of $125 is due at the time of permit application submittal and will be refunded if the permit is not approved. The bracket purchase and installation charge (if applicable) will be collected prior to issuance of the permit and is not required at the time of submittal. Permit applications are required to be submitted 60 days prior to the requested installation date. Permit review shall be completed by the City Administrator (or designee) within 30 days of submittal, providing the applicant time to arrange an approved installer and obtain right of way permits if required prior to the requested installation date. Upon approval, the applicant will be notified by phone or e-mail and be required to sign an agreement with the City of Ashland. Application Submittal Requirements 1. Complete Street Pole Pennant application (attached) 2. Certificate of liability insurance 3. Color copy/rendering of the proposed pennant graphics 4. Application Fee Mail the completed packet or deliver to: City of Ashland - Administration 20 East Main St Ashland, OR 97520 Applications can also be submitted by e-mail to administration@ashland.or.us -5- CITY OF ASHLAND PENNANT DESIGN GUIDELINES Effective Pennant Design Simple designs have the greatest graphic impact. Details are lost and hard to see from a distance. Bold and contrasting colors work well. Light type on a dark background enhances readability and has good graphic strength. White backgrounds are less effective. Light pastel colors wash out in the sunlight. NOTE: Neon or overly bright colors are not permitted. Content Text heavy pennants are less appealing and difficult to read. Keeping the message simple will allow your audience to interpret it quickly. If the pennants will be reused annually, keep in mind that you may want to refrain from including specific dates. In addition to the graphic element (photo, illustration, etc.), pennants may include sponsor name or logo, date and time and general location of event. It is important to establish a hierarchy for the visual elements so they complement each other and don't compete. These elements should generally rank in the following order of importance: 1) Graphic visual 2) Name of event 3) Time period and/or supporting text NOTE: Pennants may not include phone numbers, web addresses, directives (turn left here, etc.), or business names/logo's. _6 CITY OF ASHLAND ido.vem~c a ~s I~►I H :v m 7 CITY OF ASHLAND k ,s- Printing and Construction Large format ink jet printing on two sides of heavy duty material approved and listed for indoor/outdoor use. NOTE: Material will be folded back at the top and bottom and sewn to opposite side to create pole pockets. Please take this into account when designing banner and preparing for production. $ CITY OF ASHLAND Large Pomoinl Small Pannard 18' Printing and Construction Large format ink jet printing on two sides of heavy duty mesh vinyl material for indoor/outdoor use. NOTE: Material will be folded back at the top and bottom and sewn to opposite side to create pole pockets. Please take this into account when designing banner and preparing for production. 9 CITY OF ASHLAND Design Examples Example A Example B Colors are bold and contrasting' Fonts are clean with high readability (sans serif) SEPT r Content is concise for quick interpretation 1 Usual is large with strong graphic impact SPRING 'Neon or overly bright FLOWER colors are not permitted. 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J / ~ 51p b~ / qFC~ 4t / / Winbum Way Zone W~E 0 125 250 Feet 1:1,800 / CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting First Reading of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock and bees FROM: Brandon Goldman, Senior Planner, Department of Community Development Brandon. Goldman@ashland.or.us SUMMARY On August 7, 2012, the City Council approved new standards for the keeping of chickens and directed staff to examine the Municipal Code to further address requirements regulating the keeping of bees and of other animals suitable for backyard food production. The attached draft ordinance amendments provide new standards for the keeping of micro-livestock such as domestic fowl, rabbits and miniature goats, and new provisions regulating the keeping of bees. BACKGROUND AND POLICY IMPLICATIONS: To expand opportunities for the keeping of bees and micro-livestock including chickens, domestic fowl, rabbits, and miniature goats within the City, two separate sections of the Ashland Municipal Code need to be amended. The Health and Sanitation Chapter (9.08) includes a Nuisances subsection that specifically addresses the requirements for the keeping of animals and bees. The second code provision to be amended is found within the Land Use Code concerning Accessory Buildings and Structures (Ch. 18..68.140). Amending the Accessory Buildings and Structures subsection is necessary to provide clear standards for the minimum distance between animal enclosures and adjacent dwellings, and to delineate the allowable sizes for structures built to house micro-livestock. The attached Planning Commission staff report dated June 11, 2013, more fully describes the proposed amendments as listed below: Maximum number of animals allowed • Based on a given lot area the proposed ordinance establishes a maximum allowance for all micro-livestock to not exceed ten animals on a 5000 sq. ft. residential lot plus two animals for each additional 1000 sq. ft. of land area. Domestic fowl • Chickens, ducks, or other domestic fowl: one adult & one juvenile per 1000sf of lot area. • Two adult turkeys and two juveniles allowed. • Roosters, geese, peacocks prohibited. Page 1 of 3 M CITY OF ASHLAND Rabbits • Maximum of six adult rabbits allowed on lots less than one acre. • Nursing offspring allowed. • To be kept in a hutch or fenced enclosure. Miniature Goats • Two adult miniature/pygmy goats on lots less than one acre. • Nursing offspring allowed. • No larger than 95lbs. • Males to be neutered. Bees • Three Bee hives on lots less than one acre. • Five hives on lots greater than an acre. • Flyway barrier provided for hives within 25' of a property line. • Onsite Water provided within 15' of hives. • Maintenance Requirements Animal Enclosures • Shall not be located in a required front yard. • Shall be setback a minimum of 10 feet from abutting properties and at least 20 feet from dwellings on adjoining properties. • Shall not exceed six feet in height. Commercial activity • Sale of surplus eggs, honey or similar animal products, produced by on-premises micro- livestock, is permitted in compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture. Keeping Animals at Multi-family complexes • New provisions outline specific conditions and noticing requirements for keeping animals on properties with two or more dwellings. The Planning Commission held a study session on March 26, 2013, to review the existing ordinances, hear from local residents interested in expanding opportunities for household food production, and to generally discuss potential amendments relating to the keeping of animals and bees. During a second study session held on April 23, 2013, the Planning Commission reviewed initial draft ordinance language, took public testimony, and identified a number of additional amendments to be incorporated and brought back to the Commission for consideration at a formal public hearing. On June 11, 2013, the Planning Commission held a public hearing regarding this legislative action (Planning Action 42013-00545) and has forwarded the ordinance amendments to City Council for adoption. FISCAL IMPLICATIONS: N/A Page 2 of 3 CITY OF -ASHLAND RECOMMENDATIONS AND REQUESTED ACTION: The Planning Commission unanimously recommended approval of the ordinance amendments as presented. Staff recommends Council approve First Reading of the ordinance as amended and schedule second reading. SUGGESTED MOTION: I move to approve the first reading by title only of an ordinance titled "An ordinance amending the Health and Sanitation chapter (9.08) and the General Regulations chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance to establish provisions for the keeping of micro-livestock and bees within residential districts." ATTACHMENTS: • Ordinance amending the Health and Sanitation Chapter (9.08) of the Ashland Municipal Code and the General Regulations Chapter (18.68) of the ALUO • Staff Report for Planning Action 2013-00545 dated June 11, 2013 • Keeping of Animals Ordinance Comparison Matrix • Letters o Petition Letters & Comments and Petition Signatures o Rand - 5/6/13 .4 Page 3 of 3 ~r, ORDINANCE NO AN ORDINANCE AMENDING THE HEALTH AND SANITATION CHAPTER (9.08) AND THE GENERAL REGULATIONS CHAPTER (18.68) OF THE ASHLAND MUNICIPAL CODE TO ESTABLISH PROVISIONS FOR THE KEEPING OF MICRO-LIVESTOCK AND BEES WITHIN RESIDENTIAL DISTRICTS Annotated to show de's and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to promote local food production and increased self sufficiency; and WHEREAS, the City Council has determined that special attention regarding the raising of micro-livestock primarily as a source of food and animal products, is required to successfully integrate urban animal keeping into residential neighborhoods in a manner that avoids negative impacts to neighbors or a nuisance to the community; and WHEREAS, the City of Ashland Municipal Code currently contains limits on beekeeping that are impractical and do not reflect today's best practices; and WHEREAS, the City Council finds that honeybees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. _ Page 1 of 9 WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.08.010 of the Health and Sanitation section of the Ashland Municipal Code, is hereby amended to read as follows: Unless the context requires otherwise, the following mean: A. Apiary means the assembly of one or more colonies of bees at a single location. B. Beekeeper" means a person who owns or has charge of one or more colonies of bees. C. Colonv" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. D. Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. E. Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey storage or harvesting. tL F. Person means a natural person, firm, partnership, association, or corporation, whether acting as an individual or as the clerk, servant, employee, or agent of another; G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property; G. H. Public Place means a building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public. SECTION 2. Chaptec,9.08.040 of the Health and Sanitation section of the Ashland Municipal Code, is hereby amended to read as follows: A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. Ordinance No. Page 2 of 9 B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2. No more than one such pig shall be kept at any one parcel or tract of land. 3. Such pigs shall: a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another ifsuch other person has given express permission; b. Be confined to a car or truck when offproperty where otherwise confined; or c. Be on leash not longer than six feet in length. 4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set forth in ORS 167.310. 5. Notwithstanding any of the above, no such pig shall be allowed in any park. C. Neper-san shag keep or ittaintain potAry WMht seventy five (75) fee! of anothe r Micro-livestock including chickens, domestic fowl, turkeys, rabbits, and miniature goats, may be kept or maintained even within so seventy i••° "c' of buffer zon provided each of the following requirements is continuously met inside . 1. The total number of all micro-livestock, including both adult and juvenile animals, that may kept or maintained on any single property shall be limited to no more than ten (10) animals on properties of less than 5000 square feet and no more than two (2) additional animals for each one thousand (1,000) square feet of lot area in excess of five thousand (5000) square feet, up to a maximum of twenty (20) animals. 2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl" means quails, pheasants, pigeons, doves, and muscovey ducks (Cairina moschata), a. No more than five (5) adult chickens or domestic fowl (over six months of age) and five (5) juvenile chickens or domestic fowl (less than 6 months of shall be kept or maintained on properties of less than five thousand (5000) age square feet in area; 2b. No more than one (1) adult chicken or domestic fowl (over six months of age) and one (1) juvenile chickens or domestic fowl (less than 6 months of a e for each one thousand (1, 000) square feet of lot area, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, c No more than two (2) adult turkeys (over 6 months of age), and two (2) juvenile turkeys (less than 6 months of age) shall be kept or maintained on properties of less than one acre in area. d. Roosters, geese, and peacocks are prohibited Ordinance No. Page 3 of 9 3. Rabbits. No more than six (6) adult rabbits (over six months of age) shall be kept or maintained on properties of less than one acre in area a. Nursing offspring born to permitted adult rabbits may be kept until such animals are weaned. b. Rabbits shall be kept in a hutch or fenced enclosure. 4. Miniature Goats. For purposes of this chapter "miniature goats" are those goats commonly known as pygmy, dwarf, and miniature goats weighing less than 95lbs at full size. a. No more than two (2) adult miniature goats over six months of age shall be kept or maintained on properties of less than one acre in area. b. Nursing offspring born to permitted adult miniature goats may be kept until such animals are weaned. C. Solitary miniature goats are not permitted. d. Male miniature goats shall be neutered. 5. Xa ehiekens Micro-livestock shall be allowed on properties containing multi- family complexes, including duplexes provided the following are continuously met: a. The property owner, or designated property manager, has provided written notification to all residents of the multi-family complex, and to the City, verifying the keening of animals on the property will comply with the requirements of this chapter. Written notification shall include the following; i. Property owner, property manager, or Home Owner Association representative contact information including the name, address and phone number(s). ii. 24 hour emergency contact information for an onsite resident designated as the primary responsible party for animal care and maintenance. Contact information shall include the name, address and phone number of the responsible party. iii. The City requirements for the keeping of micro-livestock including the maximum number and type of animals permitted on the subject property and maintenance requirements per this chapter. b. Micro-livestock must be secured at all times and located at least twenty (20) feet from any dwelling within the multifamily complex or dwellings on adioining properties. c. The area in which micro livestock are kept shall be continuously maintained regardless of any change of building tenancy or property ownership. d. The construction of accessory buildings and structures for the purpose of housing micro-livestock upon multi-family zoned Ordinance No. Page 4 of 9 properties occupied by two (2) or more residential units is subject to site design review standards outlined in Chapter 18.72 of this code. 4. 6. In residential zones ehiekens micro-livestock shall be kept primarily for personal use only., with the exeep&n of the sale of sur-pita eggs dWedy to the end eonsumer Sale of surplus eggs, honey or similar animal products produced by on-premises micro- livestock is permitted in compliance with applicable licensing and inspection requirements of the Oregon Department of Agriculture. 5-.N,o roosters shall be alloweWT.- 6. 7.Chiekens Micro-livestock must be secured at all times and located at least twenty (20) feet from dwellings on adjoining properties: a. During non dffyUght hours a A secure ^~•'~,op-enclosure shall be provided to protect °'•~.ekensmicro-livestock from predators and to provide shelter from the weather: b. rhiake;Ts Micro-livestock enclosures shall be to ed in a ehi en ruff that nteels meet the requirements ofAMC 18.68.140(C)(4)-ff in-a and shall be located at least ten (10) feet from neighboring properties; 8. To protect public health, the areas in which ehiekens micro-livestock are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. C-hieken Animal feed must be kept in rodent- and raccoon proof containers; b. C-hieken Animal manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on anyone property housing ehiekens micro-livestock; and iii. All manure not used for composting or fertilizing shall be removed; 8. 9.. Micro-livestock enclosures, including Cchicken coops and runs, rabbit hutches, and goat barns shall be built in compliance with AMC 18.68.140(C)(4) and with all applicable building and zoning codes; 9. 10.. The requirements ofAMC 18.20.020(D) regarding of the keeping of livestock r shall not apply to the keeping of rhirkens-micro-livestock or the buildings and structures that house ehiekens micro-livestock 4$11.. Noise resulting from the keeping or maintaining of ehiekens micro- livestock must not exceed the limitations set forth in AMC 9.08.170. Ordinance No. Page 5 of 9 E- Xg per-son shall keep or mainfain a bee hive-, bees-, apiarj,, eemb, or eentainer of a kind or eharaefer jphepein bees are hived-, j"in ene hundredfifty (150)feet of imethe D Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of any kind or character wherein bees are hived is subject to the following: 1. No more than three (3) bee colonies shall be kept or maintained on properties less than one acre in size. 2. No more than five (5) bee colonies shall be kept or maintained on properties greater than one acre in size. 3. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 5. In each instance where a colony is kept less than twenty five (25) feet from a property line, a flyway barrier at least six (6 )feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 6. A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. 7. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect proof container. 8. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. Ordinance No. _ Page 6 of 9 9. The sale of surplus honey or bee's wax produced on site shall be permitted on the property where the keeping of bees is permitted. 10. Africanized bees are prohibited. F. No person shall keep or maintain a stable housing large livestock within one hundred (100) feet of another dwelling. G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. I. Keeping of animals is a Class 111 violation. SECTION 3 Chapter 18.68.140 of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.68.140 Accessory Buildings and Structures. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. An enclosure housing micro-livestock may be maintained in a residential district provided the following conditions are met' ` Jq ATe more thonfive (5) ehiekens shall be kept or maintained on ppopefties less thonfive thousand (5000) squiffefeet hi area; area, tip to a mexim vin of hwno (20) ehiekens-, shiTY be kept or- mahilained on 3) AFo roosfef!s shall be kept on the property a! airy thne. 4) 1) Enclosures housing'micro-livestock Chie en eoops and ehieken ruffs shall'" be constructed as follows: a) they shall not be located in a required front yard. b) they shall be setback a minimum of ten (10) feet from abutting properties. c) they shall be at least twenty (20) feet from dwellings on adjoining properties. d) structures shall not exceed six (6) feet in height. Ordinance No. Page 7 of 9 e) chicken coops and rabbit hutches shall not exceed forty (40) square feet in area, or four (4) square feet per ehiekem animal, whichever is greater. J) chicken and rabbit runs as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area, or ten (10) square feet per ekieken animal, whichever is greater. ..4 a 10, dQ ,o, o a~ 3j 2Z The keeping ofehieken micro-livestock and the maintenance of their environment, shall be in accordance with Keeping ofAnimals chapter of the Ashland Municipal Code (Ch. 9.08.040). SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 2013. Barbara M. Christensen, City Recorder Ordinance No. Page 8 of 9 SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. _ Page 9 of 9 ASHLAND PLANNING DEPARTMENT STAFF REPORT June 11, 2013 PLANNING ACTION: 2013-00545 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 09.08 [Health and Sanitation] AMC 18.68 [General Regulations] REQUEST: Recommendation to the City Council regarding adoption of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock and bees. 1. Relevant Facts A. Background On August 7th, 2012 the City Council approved new standards for the Keeping of Chickens and directed Staff to examine the Municipal Code to further address requirements regulating the keeping of bees and of other animals suitable for backyard food production. To expand opportunities for the keeping of bees and micro-livestock including chickens, domestic fowl, rabbits, and miniature goats, within the City two separate sections of the Ashland Municipal Code need to be amended. The Health and Sanitation Chapter (9.08) includes a Nuisances subsection that specifically addresses the requirements for the keeping of animals and bees within the City. The second code provision to be amended is found within the Land Use Code concerning Accessory Buildings and Structures (Ch. 18..68.140). Amending the Accessory Buildings and Structures subsection is necessary to provide clear standards for the minimum distance between animal enclosures and adjacent dwellings, and to delineate the allowable sizes for the structures built to house micro- livestock. The Planning Commission held a study session on March 26, 2013 to review the existing ordinances, hear from local residents interested in expanding opportunities for household food production, and to generally discuss potential amendments relating to the keeping of animals and bee keeping practices. During a second study session held on April 23rd, 2013 the Planning Commission reviewed initial draft ordinance language and identified a number of additional amendments that should be incorporated and brought back to the Commission for consideration at a public hearing. Review and recommendations regarding amendments to AMC Chapter 9 fall outside of the Planning Commission's stated powers and duties, however this ordinance is Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 1 of 4 presented for consideration as it directly relates to the Chapter 18 ordinance amendments described below. Planning Commission recommendations regarding the proposed amendments to both the Health and Sanitation Chapter and the General Regulations Chapter of the Ashland Land Use code will be forwarded to the City Council for consideration at a public hearing scheduled for August 6, 1013. B. Ordinance Amendments The attached draft ordinance amendments to the Ashland Municipal Code (AMC) address the following: Keeping of Micro-livestock The attached draft ordinance amends the recently modified "Keeping of Chickens" section to more broadly apply similar standards to the keeping of micro-livestock in general. Micro-livestock includes domestic fowl, rabbits and miniature goats. The draft ordinance provides for a maximum allowable number of both adult and juvenile micro-livestock animals of each type. (09.08.040.C.2-4). The specific allowance for juveniles and nursing young is intended to enable the successional replacement of adult animals as they are harvested for meat, or in the case of miniature dairy goats the allowance for nursing juveniles is necessary to ensure lactation. Based on a given lot area the proposed ordinance establishes a maximum allowance for all micro-livestock to not exceed ten animals on a 5000 sq.ft. residential lot plus two animals per each additional 1000 sq.ft. of land area. This lot area capacity for micro livestock applies to the total number of both adult and juvenile animals (9.08.040.C.1). The existing effective ordinance explicitly prohibits the keeping of chickens on multi- family properties containing multiple dwellings. As suggested by members of the Planning Commission at their study session on April 23`d, the draft ordinance presented amends this section to newly allow the keeping of chickens and other micro-livestock upon multi-family zoned properties containing multiple dwellings. Specific standards are proposed to ensure an on-site resident is designated as the responsible party and emergency contact. The proposed language establishes that the area in which micro-livestock are kept can be no closer than 20 feet to any residence within the multi-family complex or adjoining properties. The proposed ordinance would require a letter be provided by the property owner, or property manager, to all residents within the multi-family complex, and to the City, providing contact F. information and outlining the limitations and requirements relating to the keeping of micro-livestock on the property. The proposed language further acknowledges that the existing standards for the construction of accessory structures on a site containing multiple dwellings requires review to ensure site design and use standards are met (09.08.040.C.5). Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance- Staff Report Applicant: City of Ashland Page 2 of 4 Keeping of Bees A new subsection of ordinance relating to bee keeping (9.08040 (D)) proposes a maximum number of three (3) hives on lots less than an acre in area, and five (5) hives on lots larger than an acre. A number of new provisions have also been put forth to assist in reducing the concentration of bees on adjacent properties including requirements for a flyway barrier, on-site water, and general hive maintenance. With these provisions the existing 150' setback requirement would be eliminated New definitions for terms relating to bee keeping have been included in the draft ordinance presented (section 9.08.010 A-E). Accessory Structures Setback requirements for enclosures that house micro-livestock are addressed in section 18.68.140 [Accessory Buildings and Structures] of the Ashland Land Use Ordinance. The existing standards have been modified to extend the previously approved setback requirements for chicken coops and runs to apply to all micro- livestock animal enclosures. It is important to note that where the existing code requires chickens to be both 20 feet from neighboring dwellings and 10 feet from a property line, the proposed amendments would allow animals within a backyard to walk up to the property (fence) line provided they remain a minimum of 20 feet from any adjoining dwellings. The setback requirements for enclosures that house micro- livestock (chicken coops, runs, rabbit hutches, goat barns) of at least 10 feet from any property line, and 20 feet away from neighboring dwellings, is retained. II. Procedural The procedure for a legislative amendment is described in 18.108.170 as follows: A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planing Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the repgrt on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 3 of 4 brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Ill. Conclusions and Recommendations The recommended zoning and ordinance amendments are intended to support community efforts to pursue local food production. Promoting such sustainable food practices and conservation efforts are in the best interest of the City and the ordinance amendments proposed will remove identified regulatory barriers that otherwise limit such opportunities. Staff recommends approval of the proposed ordinance amendments. Potential Motion Move to recommend approval to the City Council adoption of an ordinance amending the Health and Sanitation chapter 9.08 (as revised and the General Regulations for Accessory Buildings and Structures Chapterl8.68.140 (as revised of the Ashland Municipal Code and Land Use Ordinance to establish provisions for the keeping of micro-livestock within residential districts. Attachments: • Draft Ordinance amending Chapters 9.08 [Health and Sanitation] and 18.68 [General Regulations] of the Ashland Municipal Code. • PC Memo dated 3/26/2013 • PC Memo dated 4/23/2012 • Planning Commission Study Session Minutes: o March 26`h, 2013 o April 23d,2013 • Letters o Petition Letters & Comments and Petition Signatures o Rand - 5/6/13 Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 4 of 4 ASHLAND PLANNING DEPARTMENT STAFF REPORT June 11, 2013 PLANNING ACTION: 2013-00545 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 09.08 [Health and Sanitation] AMC 18.68 [General Regulations] REQUEST: Recommendation to the City Council regarding adoption of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock and bees. 1. Relevant Facts A. Background On August 7th, 2012 the City Council approved new standards for the Keeping of Chickens and directed Staff to examine the Municipal Code to further address requirements regulating the keeping of bees and of other animals suitable for backyard food production. To expand opportunities for the keeping of bees and micro-livestock including chickens, domestic fowl, rabbits, and miniature goats, within the City two separate sections of the Ashland Municipal Code need to be amended. The Health and Sanitation Chapter (9.08) includes a Nuisances subsection that specifically addresses the requirements for the keeping of animals and bees within the City. The second code provision to be amended is found within the Land Use Code concerning Accessory Buildings and Structures (Ch. 18..68.140). Amending the Accessory Buildings and Structures subsection is necessary to provide clear standards for the minimum distance between animal enclosures and adjacent dwellings, and to delineate the allowable sizes for the structures built to house micro- livestock. The Planning Commission held a study session on March 26, 2013 to review the existing ordinances, hear from local residents interested in expanding opportunities for household food production, and to generally discuss potential amendments relating to the keeping of animals and bee keeping practices. During a second study session held on April 23`d, 2013 the Planning Commission reviewed initial draft ordinance language and identified a number of additional amendments that should be incorporated and brought back to the Commission for consideration at a public hearing. Review and recommendations regarding amendments to AMC Chapter 9 fall outside of the Planning Commission's stated powers and duties, however this ordinance is Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 1 of 4 presented for consideration as it directly relates to the Chapter 18 ordinance amendments described below. Planning Commission recommendations regarding the proposed amendments to both the Health and Sanitation Chapter and the General Regulations Chapter of the Ashland Land Use code will be forwarded to the City Council for consideration at a public hearing scheduled for August 6, 1013. B. Ordinance Amendments The attached draft ordinance amendments to the Ashland Municipal Code (AMC) address the following: Keeping of Micro-livestock The attached draft ordinance amends the recently modified "Keeping of Chickens" section to more broadly apply similar standards to the keeping of micro-livestock in general. Micro-livestock includes domestic fowl, rabbits and miniature goats. The draft ordinance provides for a maximum allowable number of both adult and juvenile micro-livestock animals of each type. (09.08.040.C.2-4). The specific allowance for juveniles and nursing young is intended to enable the successional replacement of adult animals as they are harvested for meat, or in the case of miniature dairy goats the allowance for nursing juveniles is necessary to ensure lactation. Based on a given lot area the proposed ordinance establishes a maximum allowance for all micro-livestock to not exceed ten animals on a 5000 sq.ft. residential lot plus two animals per each additional 1000 sq.ft. of land area. This lot area capacity for micro livestock applies to the total number of both adult and juvenile animals (9.08.040.C.1). The existing effective ordinance explicitly prohibits the keeping of chickens on multi- family properties containing multiple dwellings. As suggested by members of the Planning Commission at their study session on April 23`d, the draft ordinance presented amends this section to newly allow the keeping of chickens and other micro-livestock upon multi-family zoned properties containing multiple dwellings. Specific standards are proposed to ensure an on-site resident is designated as the responsible party and emergency contact. The proposed language establishes that the area in which micro-livestock are kept can be no closer than 20 feet to any residence within the multi-family complex or adjoining properties. The proposed ordinance would require a letter be provided by the property owner, or property manager, to all residents within the multi-family complex, and to the City, providing contact information and outlining the limitations and requirements relating to the keeping of micro-livestock on the property. The proposed language further acknowledges that the existing standards for the construction of accessory structures on a site containing multiple dwellings requires review to ensure site design and use standards are met (09.08.040.C.5). Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 2 of 4 Keeping of Bees A new subsection of ordinance relating to bee keeping (9.08040 (D)) proposes a maximum number of three (3) hives on lots less than an acre in area, and five (5) hives on lots larger than an acre. A number of new provisions have also been put forth to assist in reducing the concentration of bees on adjacent properties including requirements for a flyway barrier, on-site water, and general hive maintenance. With these provisions the existing 150' setback requirement would be eliminated New definitions for terms relating to bee keeping have been included in the draft ordinance presented (section 9.08.010 A-E). Accessory Structures Setback requirements for enclosures that house micro-livestock are addressed in section 18.68.140 [Accessory Buildings and Structures] of the Ashland Land Use Ordinance. The existing standards have been modified to extend the previously approved setback requirements for chicken coops and runs to apply to all micro- livestock animal enclosures. It is important to note that where the existing code requires chickens to be both 20 feet from neighboring dwellings and 10 feet from a property line, the proposed amendments would allow animals within a backyard to walk up to the property (fence) line provided they remain a minimum of 20 feet from any adjoining dwellings. The setback requirements for enclosures that house micro- livestock (chicken coops, runs, rabbit hutches, goat barns) of at least 10 feet from any property line, and 20 feet away from neighboring dwellings, is retained. ll. Procedural The procedure for a legislative amendment is described in 18.108.170 as follows: A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting, at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant: City of Ashland Page 3 of 4 brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. Ill. Conclusions and Recommendations The recommended zoning and ordinance amendments are intended to support community efforts to pursue local food production. Promoting such sustainable food practices and conservation efforts are in the best interest of the City and the ordinance amendments proposed will remove identified regulatory barriers that otherwise limit such opportunities. Staff recommends approval of the proposed ordinance amendments. Potential Motion Move to recommend approval to the City Council adoption of an ordinance amending the Health and Sanitation chapter 9.08 (as revised and the General Regulations for Accessory Buildings and Structures Chapter] 8.68.140 (as revised of the Ashland Municipal Code and Land Use Ordinance to establish provisions for the keeping of micro-livestock within residential districts. Attachments: • Draft Ordinance amending Chapters 9.08 [Health and Sanitation] and 18.68 [General Regulations] of the Ashland Municipal Code. • PC Memo dated 3/26/2013 • PC Memo dated 4/23/2012 • Planning Commission Study Session Minutes: o March 26`h, 2013 o April 23`d, 2013 • Letters o Petition Letters & Comments and Petition Signatures o Rand - 5/6/113 t.. `4 Planning Action PA 2013-00545 Ashland Planning Department Keeping of Animals Ordinance - Staff Report Applicant City of Ashland Page 4of4 Keeping of Animals Ordinance Comparison matrix City Council Review First Reading 8/06/2013 Micro-Livestock Ashland's Existing Ordinance Ashland Draft Ordinance Amendments Talent Eugene Chickens 5 chickens per 5000 sq ft or less . Chickens or "Domestic Fowl" including quail, The number of chickens, fowl and/or On lots less than 20,000sq.ft. Two of the following four plus one additional chicken per pheasants, pigeons, and muscovey ducks: 5 per 5000 rabbits over the age of six months shall categories of animals are allowed: 1) Chickens and 1000 sq ft, up to 20 maximum. sq ft or less plus one additional chicken per 1000 sq ft, not exceed one for each 1,000 square Domestic Fowl. Up to 6 of any combination of chickens of lot area up to 20 Maximum. All Microlivesock feet of property; the number of young and domestic fowl over six months of age and up to 6 combined shall be limited to no more than ten (10) chickens, fowl and/or rabbits (under six of any combination of chickens and domestic fowl animals on properties of less than 5000 square feet months) shall not exceed three times the under six months of age. 2) Rabbits. Up to 6 over six and no more than two (2) additional animals for each allowable number of animals over six months of age and up to 6 under six months of age. 3) limit Fowl from neighboring dwelling - no one thousand (1,000) square feet of lot area in excess months. (SFR low and medium density Miniature Goats. Up to 3 miniature goats, pygmy, limit on number of animals of five thousand (5000) square feet, up to a maximum zones only) dwarf, and miniature goats, provided that males are of twenty (20) animals neutered. 4) Miniature Pig. No more than one miniature pig, up to 150 pounds in weight. Rabbits 100' from neighboring dwelling - no 6 adult rabbits plus young until weaned, Must be in an On Lots larger than 20,000sq.ft. all of the above are limit on number of animals enclosure at least 20' from neighboring dwelling and allowed with chickens, fowl, and rabbits being limited to 10' from property line. no more than one per 1000'sgft of lot area. Miniature goats are allowed at 1 per 5,000 square feet. Goats 2 per acre on properties greater 2 miniature goats permitted on lost less than an acre in Not permitted on lots less than 20,000 than one acre in area area with allowance for nursing young. Large goats sq.ft. 2 per acre and at least 100' from permitted as "Livestock" on lots larger than an acre. neighboring dwellings. 2 full size goats per acre on properties greater than one acre in area Turkeys 75' from another dwelling - no limit 2 adults and up to 4 young. 20' from neighboring Covered as "fowl" -see above prohibited on number dwelling. Roosters prohibited prohibited No reference in code prohibited Pigs prohibited except 1 miniature prohibited except 1 miniature prohibited prohibited except 1 miniature Bees 150' from any neighboring Three colonies on properties less than one acre in 2 colonies permitted on lot greater than On lots less than 20,000 sq.ft. 3 hives located at least 5 dwelling, street, or sidewalk. No size. Five bee colonies on properties greater than one 8000 sq.ft. feet from all property lines. Opening of the hive must be limit on number of hives. acre in size. A flyway barrier at least 6' in height pointed toward the center of the property. Water source parallel to the property line a minimum 10' in either must be provided on site within 15 feet of each hive. On direction from the hive when hive is within 25' of the lots over 20,000 sq.ft. Up to 4 hives are allowed, property line. Water supply within 15' of each hive. provided that they are located at least 25 feet from all Africanized bees are prohibited. (See draft ordinance property lines and a water source is provided on site for further detail and requirements related to within 15 feet of each hive. maintenance). Animal 20' from dwelling and 10' from 20' from a neighboring dwelling dwelling and 10' from Animals, including chickens or fowl, shall 10 feet from all property lines, except where an Enclosure property line property line be properly fenced, caged or housed and adjacent property owner authorizes in writing that an Setbacks proper sanitation shall be maintained at all enclosure can be located closer to the neighbor's times. property. Keeping of Animals Ordinance Comparison matrix City Council Review First Reading 8/06/2013 Micro-Livestock McMinville Redmond Portland Chickens A minimum of 5,000 square feet of lot area is Not permitted on lots less than 20,000 sq.ft. The Total of three or fewer chickens, ducks, doves, required to maintain up to two (2) fowl (excluding number of chickens, fowl, and/or rabbits shall not pigeons, pygmy goats or rabbits without a permit. roosters and peacocks) or two (2) rabbits, or exceed one for each 500 square Keeping more than three of the previously combination thereof. Each rabbit or fowl in feet of lot area. mentioned animals, or any number of turkeys, excess of this number shall require an additional geese, doves, pigeons, peacocks, cows, horses, 1,000 square feet of lot area. burros, sheep, llamas or bees, no matter how many Domestic Fowl of these animals, requires permit approval. Applications for a specified animal facility permit shall be accompanied by adequate evidence, as determined by the Director, that the applicant has notified all of the property owners and residents Rabbits within 150 feet of the property lines of the property on which the specified animal facility will be located Goats Goats or sheep require a minimum of 1/2 acre Not permitted on lots less than 20,000 sq.ft. 1 lot area for 2 goats plus a 1/2 acre for each animal per 10.000 square feet of usable area. additional goat. Turkeys Covered as "fowl" -see above Covered as "fowl" -see above Roosters prohibited prohibited prohibited Pigs prohibited No reference in code prohibited except 1 miniature Bees No ordinance 1 colony per 5000sq.ft up to a maximum of 8 Hives must be 15 feet away from "any public colonies. Side or rear yard at least 10' from a walkway, street or road, or any public building, park property line. A flyway barrier at least 6' in height or recreation area, or any residential dwelling". parallel to the property line a minimum 10' in either protected by a six foot hedgerow, partition, fence or direction from the hive when hive is within 30' of the similar enclosure. property line. Water supply within 10' of colony. Movable hive frames. Additional requirements relating to maintenance Animal 70 feet to a front property line, 15 feet to a side 50' from dwellings on neighboring properties and 15 feet from any building used or capable of being Enclosure property line or 10 feet to a rear property line. shall be located on the rear half of the used for human habitation. Hoofed animals 50' from Setbacks property. Animals shall be properly caged or housed dwellings or any location where food is prepared. at all times. 15a®6jd.org Recipient: Ashland City Council Letter: Greetings, I am in full support of the proposed amendment to the current ordinance pertaining to keeping bees in Ashland City limits. As it stands, the code states: No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. This legislation is nonsensical due to the fact that a honey bee's flight range is up to 25 square miles, and the bees disperse to the surrounding millage at approximately four feet from the hive. The below proposed legislation is common sense policy which considers beekeepers and neighbors of Ashlanders. Proposed amendment to 9.08.040 D: The keeping or maintaining of bees, bee colonies, bee hives, combs, or containers of any kind or character wherein bees are hived is subject to the following: 1. No more than three (3) bee colonies shall be kept or maintained on properties less than one acre in size. 2. No more than five (5) bee colonies shall be kept or maintained on properties greater than one acre in size. 3. Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same property, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body. 5. In each instance where a colony is kept less than twenty five (25yfeet from a property line, a flyway barrier at least six (6 )feet in height shall be maintained parallel to the property line for a minimum of ten (10) feet in either direction from the hive. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. 6. A constant supply of fresh water shall be provided for the colonies on site within fifteen (15) feet of each hive. 7. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect proof container. 8. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily house the swarm on the property for no more than 30 days from the date acquired. 9. The sale of surplus honey or bee's wax produced on site shall be permitted on property where the keeping of bees is permitted. 10. Africanized bees are prohibited. With national honey bee colony losses at an all time high in 2013, now is the time to adopt a bee-friendly ordinance which will support our local honey bee populations, sustainable urban food systems, and local food security. Comments Name Location Date Comment Shannon Davis Ashland, OR 2013-06-04 Pollinators are very important Ellen Wright Ashland, OR 2013-06-04 Urban beekeeping is legal in Eugene, Springfield, Portland, Seattle, London, and New York. Surely Ashland can join in to support the bees and the keepers who try to help them. Tamara White Shaftsbury, VT . 2013-06-04 A Bee-Friendly community in Oregon is as important to me as a Bee-Friendly Community in Vermont(my home state) because it would be so important to prioritize the honeybee's work in the food chain, the environment. Healthy honeybees means healthy environment for the rest of us. I lase colonies in Vermont for the same reasons that they might in Oregon. Silly as it sounds, we need to stand for the honeybees. Their lives depend on us. Our lives depend on them. Andrew Mount Talent, OR 2013-06-04 : There is a crisis upon us that is jeopardizing the health of the food system and society as a whole. Bees are one of the most essential providers of ecosystem goods and services which dwarf the GDP of all human industry. We must preserve their habitat and, by extension, our own posterity. Jerry Jensen Eagle Point, OR 2013-06-04 . we need hobby beekeepers to help keep bees from extension Deric Johnson Talent, OR 2013-06-04 With national honey bee colony losses at an all time high, now is the time to adopt a bee-friendly ordinance which will support our local honey bee populations. A J Boulton Ashland, OR - 2013-06-04 We support this amendment to The City ordinance for the following reasons: (a) it decreases government interference in The People's pursuit of happiness, (b) It is common sense, written by and for people that actually understand bees, and (c) bees are essential - and under threat, by default so are we. Lisa Greene Ashland, OR 2013-06-04 Bees provide an invaluable function with all of our daily lives ...the food we eat, t the flowers we admire and so much more. Jennifer Middleton ! Yreka, CA 2013-06-04 Because if Ashland OR will do it, maybe Yreak CA will follow. Lots of bee keepers here! R Gustaveson Phoenix, OR 2013-06-04 , Survival of life on Earth all interconnected ...there is no separation between the kingdom's of nature and you and I and the air we breath Robert Denman Grants Pass, OR 2013-06-04 declining bee population Lori Hopkinson Medford, OR 2013-06-04 The more pollinators the better! Mara Doane Ashland, OR 2013-06-04 : Bees need our help. Honey bees are friendly, beneficial and important in our community and our environment. Karen Taylor Talent, OR 2013-06-04 . We depend on pollinators which include the honey bee. Teri Thomson Randall Oak View, CA 2013-06-04 Bees are beneficial insects that ensure our food supply and beautify our gardens. i Josh Shupack Ashland, OR 2013-06-04 Bees are vital to our survival. They pollinate so many of our crops and make honey! They are a valuable part of our city. Morgan Greer Ashland, OR 2013-06-04 Because I love our earth and I want to see the honey bees protected, especially in my own town. i Anne Pollack Ashland, OR 2013-06-04 Having a sustainable bee population is critical to our food supply and ' ecosystem. Leah Saturen Ashland, OR 2013-06-04 Ashland has many people who care about our food supply; bees are an essential element to support healthy gardens. Name Location Date Comment Gavin Kleiman Ashland, OR 2013-06-04 Pollinate or perish! Kathryn Casternovia Ashland, OR 2013-06-04 Anything we can do to support the lives of bees is important to our world food supply. Please do the research before you respond. Thank you. Kathryn Marianne O'Sheeran Medford, OR 2013-06-04 , Having been a former Ashland resident for 19 years, and former beekeeper, I am happy to lend my name to this petition for a sustainable bee population. t Many thanks. Casey Swanson j Ashland, OR 2013-06-04 Bees are essential to our environment and lifestyle. Sarah DeLong Ashland, OR 2013-06-04 Bees are absolutely essential to our ecosystem. Not only should we adopt this . ordinance, we should ban the sale and use of all neonicotinoid pesticides in the entire valley as they are known to cause Honeybee Colony Collapse Syndrome. Jennifer King-Harris Ashland, OR 2013-06-04 The bees are important to me. They are responsible for the very foundation of a healthy, fertile, balanced and fruitlul natural world. We need them! 1 Jana Carole Ashland, OR 2013-06-04 1 am a backyard gardener and know how important it is to help bees to help us. Erika Robinson Roseburg, OR 2013-06-04 1 love honey bees! They pollinate beautiful flowers! Mathew Freitas Medford, OR 2013-06-04 We need bees. People need to be educated about the powerful honey bee! Kristine Lefever Marietta, GA 2013-06-04 By default, this means Ashland cannot allow pesticides that kill bees. Nor can we allow GMO crops with their poisonous pollen. chris hardy : ashland, OR 2013-06-04 The health of our pollinators are directly connected to the health of our food supply. Please treat our honey bees with the utmost support and respect and allow their care to be managed per the proposed Ashland bee-friendly amendment to this ordinance. Thank You Michael Bianca Ashland, OR 2013-06-04 we need healthy bees and more bee awareness. Encourage bee cultivation. Candace Younghans Ashland, OR 2013-06-04 1 am in favor of sustainable urban food systems, to which bees are critical. Nancy Rose Ashland, OR 2013-06-04 Instead of killing the bees with Roundup ready GMO's let's keep our county 'nature friendly' and healthy Matt Sheehan ashland, OR 2013-06-04 1 love supporting our bee populations in general, not just " our" honey bees, and this is another small but significant piece. Mary McDermott Williams, OR 2013-06-04 Instead of killing the bees with Roundup ready GMO's let's keep Southern Oregon 'nature friendly and healthy and support our organic farms and seed economy. Justin Silva Ashland, OR 2013-06-04 Ensuring that Ashland and the surrounding Rogue Valley continues to have a thriving bee population is vital to our community's economy and food security. Please keep this in mind when adopting the Bee-Friendly Ordinance. Thanks! Claudia Steinbroner Ashland, United States _ 2013-06-04 . 1 am a gardener and know how much these little orbs are needed. Minor Outlying Islands Diana Hartel Ashland, OR 2013-06-04 Healthy bee colonies are crucial to healthy food supply and local ecology. Noreen Hulteen Ashland, OR 2013-06-04 If the bees so do humans Lynnea Forderer Medford, OR 2013-06-04 1 have always had a sweet place in my heart for bee's and I love honey. AND we need bees for the health of the planet. Goes Yudron Phoenix, OR 2013-06-04 bees are a vital aspect of life on earth. zuriel devine Ashland, OR 2013-06-04 Because I support honey bees and our food supply! Claire McGee ! Newport, OR . 2013-06-04 no bees - no food Name Location Date Comment Michele Carnes Ellis Ashland, OR 2013-06-04 Our devastated bee populations need all the support we can give. Thank you for considering this needed code change in our community. Jami Ronda Medford, OR 2013-06-04 We NEED bees!!! Tanya Owen Talent, OR 2013-06-04 j Bees are extremely important! Ingrid Edstrom Ashland, OR 2013-06-04 Bees are such an important part of our ecosystem. I would like to actively host • some on my Ashland property. Fred Gant Ashland, OR 2013-06-04 Save the bees, save the planet Juliet Grable Ashland, OR 2013-06-04 bees - food - life Abby Capovilla Ashland, OR 2013-06-04 Bees and beekeeping will support the sustainability of our community and local environment long term Guy Appleton Grants Pass, OR 2013-06-04 This is important to me because I eat food. This world need help, not restriction on health and the environment. oshana catranides Ashland, OR 2013-06-04 1 am an accidental bee keeper who has rescued four swarms from areas in Ashland where people called me for help removing swarms from fruit trees, wall crevices, hanging limbs and other odd places. We are FORTUNATE in . ASHLAND that the international crisis in the death and demise of millions of honeybees due to Colony Collapse Disorder IS NOT EFFECTING OUR REGION! By allowing Bee Keeping in Ashland, we CAN make a difference ! We can help turn the trend of doom into a celebration of life! As Einstein Said, when all the pollinators perish, humanity will only have three years before our food supplies dwindle and we all starve! PLEASE, LET'S HELP SAVE THE HONEY BEES FOR THE REST OF HUMANITY! I support a bee-friendly . ordinance for CITY OF ASHLAND! PLEASE HELP! Davin Hillyard Vallejo, CA 2013-06-04 Bees are essential to the life of our community! Erika Rogers Grants Pass, OR 2013-06-04 Bees are very important to our food supply - whether you grow your own food or buy from a local farmer. olivia dory Ashland, OR 2013-06-04 We need to do all we can to support the health of bees in our community Michele Carnes Ellis Ashland, OR 2013-06-04 Our devastated bee populations need all the support we can give. Donne Owens Medford, OR 2013-06-04 Our honey bees are disappearing at a rapid rate. Healthy bees are necessary for cross-pollination. Janie Chandler Ashland, OR 2013-06-04 ' Bees are crucial to our environment and habitat and I want to support their health in anyway I can. Arthur Tetrault Ashland, OR 2013-06-04 We need honey bees in order to protect our environment and agriculture. - Pesteides are reducing the normal bee populaton. We must protect our bee ! population now. Jordan Varvais Ashland, OR 2013-06-04 The Survival of All Plant and Animal Life... (I think that's pretty important..) Molly Ochoa : Ashland, OR 2013-06-04 ' We need the bees!!!!! Ernest Garcia Ashland, OR 2013-06-04 , Survival. Sheila Filan , Ashland, OR 2013-06-04 Without bees we are all toast! Jeanne Chouard Ashland, OR 2013-06-04 We need more bees and other pollinators in Ashland My family depends on fruit from our backyard garden each summer and fall and having more city bees will ensure our apple, cherry and plum flowers will turn into juicy fruit! I would love to be able to keep my own bees to produce honey and local bee pollen (I use it to combat allergies). But, also would love it if my neighbors kept bees that could visit our garden. Thank for being Bee-Friendly! Name Location Date Comment Kirpal Khalsa Rogue River, OR 2013-06-04 j We need bee homes.... bees are good for everyone! Bees pollinate trees and flowers and make fruit and veggies which feed people locally.... Ashland needs to be bee freindly! Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Sarah Red-Laird Ashland Oregon 97520 6/4/2013 lydia norris ashland Oregon 97520 United States 6/4/2013 Jessica Pierce Ashland Oregon 97520 United States 6/4/2013 Shannon Davis Ashland Oregon 97520 United States 6/4/2013 Honore Depew Ashland Oregon 97520 United States 6/4/2013 Morgan Pierce Ashland Oregon 97520 United States 6/4/2013 Ellen Wright Ashland Oregon 97520 United States 6/4/2013 Lori Brandt Ashland Oregon 97520 United States 6/4/2013 Diane werich Ashland Oregon 97520 United States 6/4/2013 Tamara White Shaftsbury Vermont 5262 United States 6/4/2013 Rebecca Pierce Ashland Oregon 97520 United States 6/4/2013 Scott Allison Ashland Oregon 97520 United States 6/4/2013 Brittnee Zwirn Ashland Oregon 97520 United States 6/4/2013 Terra Sharp Ashland Oregon 97520 United States 6/4/2013 Jessica shaner Ashland Oregon 97520 United States 6/4/2013 Julie Ford Ashland Oregon 97520 United States 6/4/2013 molly kreuzman Ashland Oregon 97520 United States 6/4/2013 Andrew Mount Talent Oregon 97540 United States 6/4/2013 Bill Lobsitz Talent Oregon 97540 United States 6/4/2013 Tim Oates Ashland Oregon 97520 United States 6/4/2013 Sean Davis Harwich MA 2645 United States 6/4/2013 Mary Foster Ashland Oregon 97520 United States 6/4/2013 Fonda Horton White City Oregon 97503 United States 6/4/2013 Angelina McClean Ashland Oregon 97520 United States 6/4/2013 Tracy Horton White city Oregon 97503 United States 6/4/2013 Jerry Jensen Eagle Point Oregon 97524 United States 6/4/2013 stu o'neill ashland Oregon 97520 United States 6/4/2013 Joey Connelly Owensboro Kentucky 42303 United States 6/4/2013 Deric Johnson Talent Oregon 97540 United States 6/4/2013 Janet Adams Ashland Oregon 97520 United States 6/4/2013 AJ Boulton Ashland Oregon 97520 United States 6/4/2013 Jessica Ellis Eagle point Oregon 97526 United States 6/4/2013 Jesse Dewyer Ashland Oregon 97520 United States 6/4/2013 Matt Vogel Ashland Oregon 97520 United States 6/4/2013 Ben Kinkead Medford Oregon 97501 United States 6/4/2013 Lisa Greene Ashland Oregon 97520 United States 6/4/2013 Natasche O'Brien Legg Lake Oswego Oregon 97035 United States 6/4/2013 Beth Mogford Ashland Oregon 97520 United States 6/4/2013 Jennifer Middleton Yreka California 96097 United States 6/4/2013 R Gustaveson Phoenix Oregon 97535 United States 6/4/2013 Robert Denman Grants Pass Oregon 97527 United States 6/4/2013 Kasey Acker Ashland Oregon 97520 United States 6/4/2013 Bob Kuenzel Ashland Oregon 97520 United States 6/4/2013 Chelsea Acker Ashland Oregon 97520 United States 6/4/2013 Malena Marvin Ashland Oregon 97520 United States 6/4/2013 Tessa Brinckman Talent Oregon 97540 United States 6/4/2013 Dustin Poland Medford Oregon 97501 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Jenni Maybin Ashland Oregon 97520 United States 6/4/2013 Stephanie Tidwell Ashland Oregon 97520 United States 6/4/2013 Lori Hopkinson Medford Oregon 97501 United States 6/4/2013 Andrew Harris Ashland Oregon 97520 United States 6/4/2013 Kate Lundquist Medford Oregon 97504 United States 6/4/2013 Megan Fehrman Jacksonville Oregon 97530 United States 6/4/2013 Jesse Anderson Ashland Oregon 97520 United States 6/4/2013 Mara Doane Ashland Oregon 97520 United States 6/4/2013 joseph freel Ashland Oregon 97524 United States 6/4/2013 Liz Victor Grants Pass Oregon 97527 United States 6/4/2013 Marianne Heater Grants Pass Oregon 97526 United States 6/4/2013 Karen Taylor Talent Oregon 97540 United States 6/4/2013 Teri Thomson Randall Oak View California 97540 United States 6/4/2013 Barbie Breneiser Ashland Oregon 97520 United States 6/4/2013 Brenda Cabrera White City Oregon 97503 United States 6/4/2013 David Winston Ashland Oregon 97540 United States 6/4/2013 Rebecca Requejo Ashland Oregon 97520 United States 6/4/2013 Scott Griessbach Ashland Oregon 97520 United States 6/4/2013 Traci Davis Ashland Oregon 97520 United States 6/4/2013 Daniela Bress Niedersachsen 38226 Germany 6/4/2013 Josh Shupack Ashland Oregon 97520 United States 6/4/2013 Arianna Van Heusen San Mateo California 94403 United States 6/4/2013 Kristen Beck Medford Oregon 97501 United States 6/4/2013 John Fox Ashland Oregon 97520 United States 6/4/2013 Chris Jowaisas Ashland Oregon 97520 United States 6/4/2013 John Schinnerer Ashland Oregon 97520 United States 6/4/2013 De Guy Gold Hill Oregon 97525 United States 6/4/2013 Constance Murphy Jacksonville Oregon 97530 United States 6/4/2013 Isabella Thomclike Ashland Oregon 97520 United States 6/4/2013 Morgan Greer Ashland Oregon 97520 United States 6/4/2013 anne pollack ashland Oregon 97520 United States 6/4/2013 Amanda Brophy Ashland Oregon 97520 United States 6/4/2013 braxton reed Ashland Oregon 97520 United States 6/4/2013 Anastasia Risley Ashland Oregon 97520 United States 6/4/2013 caitlin mezger-sieg Ashland Oregon 97520 United States 6/4/2013 Dr/ Richard Guches Ashlad Oregon 97520 United States 6/4/2013 Leah Saturen Ashland Oregon 97520 United States 6/4/2013 Lisa Stutey Ashland Oregon 97520 United States 6/4/2013 Char Ansary Medford Oregon 97504 United States 6/4/2013 Barry Snitkin Cave Junction Oregon 98523 United States 6/4/2013 Karen Horn Ashland Oregon 97520 United States 6/4/2013 Gavin Kleiman Ashland Oregon 97520 United States 6/4/2013 Heather Loring Ashland Oregon 97520 United States 6/4/2013 Isaac Taylor Medford Oregon 97501 United States 6/4/2013 Kathryn Casternovia Ashland Oregon 97520 United States 6/4/2013 Myra Villella Ashland Oregon 97520 United States 6/4/2013 Helga Motley Ashland Oregon 97520 United States 6/4/2013 Misha Hernandez Ashland Oregon 97520 United States 6/4/2013 Kate Levin Ashland Oregon 97520 United States 6/4/2013 Joanne Gunter Ashland Oregon 97520 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Jaelle Dragomir Medford Oregon 97501 United States 6/4/2013 Peter Warren Ashland Oregon 97520 United States 6/4/2013 Marianne O'Sheeran Medford Oregon 97501 United States 6/4/2013 Sarah Rudeen Ashland Oregon 97520 United States 6/4/2013 Katie Oppenheimer Ashland Oregon 97520 United States 6/4/2013 Mackenna Greene Ashland Oregon 97520 United States 6/4/2013 Oona Meade Ashland Oregon 97520 United States 6/4/2013 Donald Murphy elizabeth New Jersey 7206 United States 6/4/2013 Casey Swanson Ashland Oregon 97520 United States 6/4/2013 Abraham Bettinger Ashland Oregon 97520 United States 6/4/2013 Heather ONeill Ashland Oregon 97520 United States 6/4/2013 Marge Bernard Ashland Oregon 97520 United States 6/4/2013 Brett Schumacher Ashland Oregon 97520 United States 6/4/2013 Emily Waymire Ashland Oregon 97520 United States 6/4/2013 barbara keen Ashland Oregon 97520 United States 6/4/2013 Jean deFauw Ashland Oregon 97520 United States 6/4/2013 Sandra Park Jacksonville Oregon 97530 United States 6/4/2013 Gretchen Harteis Talent Oregon 97540 United States 6/4/2013 Genevieve Klam Ashland Oregon 97520 United States 6/4/2013 Holly Christiansen Ashland Oregon 97520 United States 6/4/2013 Sarah DeLong Ashland Oregon 97520 United States 6/4/2013 Jennifer King-Harris Ashland Oregon 97520 United States 6/4/2013 Suzanne Cruce Ashland Oregon 97520 United States 6/4/2013 Jana Carole Ashland Oregon 97520 United States 6/4/2013 Sarah Ratto Ashland Oregon 97520 United States 6/4/2013 Chris Chambers Ashland Oregon 97520 United States 6/4/2013 Lisa DiPaoli Ashland Oregon 97520 United States 6/4/2013 James Fuda renton Washington 98056 United States 6/4/2013 Erika Robinson Roseburg Oregon 97470 United States 6/4/2013 Yasiu Kruszynski Chicago Illinois 60613 United States 6/4/2013 Tracy Harding Ashland Oregon 97520 United States 6/4/2013 Robert Wright Ashland Oregon 97520 United States 6/4/2013 Mathew Freitas Medford Oregon 97504 United States 6/4/2013 Kristina Lefever Ashland Oregon 97520 United States 6/4/2013 tim musial east aurora New York 14052 United States 6/4/2013 Deborah stamper Ashland Oregon 97520 United States 6/4/2013 Linda Thomas ashland Oregon 97520 United States 6/4/2013 Nicole Robinson Ashland Oregon 97520 United States 6/4/2013 Vanessa Houk ashland Oregon 97520 United States 6/4/2013 chris hardy ashland Oregon 97520 United States 6/4/2013 Michael Bianca Ashland Oregon 97520 United States 6/4/2013 Heather Kendall Ashland Oregon 97520 United States 6/4/2013 Jeffrey Bernard Ashland Oregon 97520 United States 6/4/2013 . Jason Houk Ashland Oregon 97520 United States 6/4/2013 Candace Younghans Ashland Oregon 97520 United States 6/4/2013 Breanna Farmer Ashland Oregon 97520 United States 6/4/2013 Mary Morison Talent Oregon 97540 United States 6/4/2013 Stephanie Friedman Ashland Oregon 97520 United States 6/4/2013 Meghan Flannery Ashland Oregon 97520 United States 6/4/2013 elise thiel ashland Oregon 97520 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Nancy Rose Ashland Oregon 97520 United States 6/4/2013 Dan Wahpepah Phoenix Oregon 97535 United States 6/4/2013 Joyce Hansen Ashland Oregon 97520 United States 6/4/2013 Stephanie Saldana Portland Oregon 97323 United States 6/4/2013 Carol Valentine Selma Oregon 97538 United States 6/4/2013 Winston Friedman Ashland Oregon 97520 United States 6/4/2013 Yehudit Platt Ashland Oregon 97520 United States 6/4/2013 carola marashi Talent Oregon 97540 United States 6/4/2013 Matt Sheehan Ashland Oregon 97520 United States 6/4/2013 Shannon Clery Ashland Oregon 97520 United States 6/4/2013 Mary McDermott Williams Oregon 97544 United States 6/4/2013 Patrick Tovatt Talent Oregon 97540 United States 6/4/2013 Monika Neri Ashland Oregon 97520 United States 6/4/2013 Jerry Solomon ashland Oregon 97520 United States 6/4/2013 Brian Gaida Plattsburgh New York 12901 United States 6/4/2013 melinca ball Medford Oregon 97504 United States 6/4/2013 Sabena Vaughan Ashland Oregon 97520 United States 6/4/2013 Justin Silva Ashland Oregon 97520 United States 6/4/2013 Kimberly Green-list Medford Oregon 97537 United States 6/4/2013 Daniel Cook Medford Oregon 97501 United States 6/4/2013 tamee comstock Medford Oregon 97504 United States 6/4/2013 marsha carrino phoenix Oregon 97535 United States 6/4/2013 Jen Logan Eagle Point Oregon 97524 United States 6/4/2013 Mira Peterson Adams Ashland Oregon 97520 United States 6/4/2013 Chantal Buslot Hasselt Texas 78753 United States 6/4/2013 Levi Anderson Talent Oregon 97540 United States 6/4/2013 jon hurt ashland Oregon 97520 United States 6/4/2013 Brooke Daniel Ashland Oregon 97520 United States 6/4/2013 Laura Saxon morriston Florida 32668 United States 6/4/2013 Claudia Steinbroner Ashland Oregon 97520 United States 6/4/2013 Laurie Hultquist Talent Oregon 97540 United States 6/4/2013 Allison Bean Livermore California 94550 United States 6/4/2013 Jinnee Joos Ashland Oregon 97520 United States 6/4/2013 Alicia Hwang Ashland Oregon 97520 United States 6/4/2013 Diana Hartel Ashland Oregon 97520 United States 6/4/2013 Carla Sylvae Ashland Oregon 97520 United States 6/4/2013 Amber Caudell Williams Oregon 97544 United States 6/4/2013 Monica Fioretti Ashland Oregon 97520 United States 6/4/2013 carrel pearce ashland Oregon 97520 United States 6/4/2013 Noreen Hulteen Ashland Oregon 97520 United States 6/4/2013 Morgan O. Heller Ashland Oregon 97520 United States 6/4/2013 Lynnea Forderer Ashland Oregon 97520 United States 6/4/2013 Ryan King Ashland Oregon 97520 United States •6/4/2013 Ronnie Colby Truckee California 96161 United States 6/4/2013 Mindy Lindgren ashland Oregon 97520 United States 6/4/2013 shedy berrios jacksonville nc North Carolina 28540 United States 6/4/2013 Gaea Yudron Phoenix Oregon 97535 United States 6/4/2013 Amy Norris Ashland Oregon 97520 United States 6/4/2013 Caroline Tinker Cave Junction Oregon 97523 United States 6/4/2013 R L San Jose California 95132 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On zuriel devine Ashland Oregon 97520 United States 6/4/2013 suzia aufderheide ashland Oregon 97520 United States 6/4/2013 Amanda Hochman Ashland Oregon 97520 United States 6/4/2013 Ryan Coons San Diego California 92127 United States 6/4/2013 Mike Gardiner Ashland Oregon 97520 United States 6/4/2013 kyla carreau Oregon Oregon 97520 United States 6/4/2013 Treasa Cordero Runzi Ashland Oregon 97520 United States 6/4/2013 Alex Landt Ashland Oregon 97520 United States 6/4/2013 Mary Gardiner Ashland Oregon 97520 United States 6/4/2013 Claire McGee Newport Oregon 97365 United States 6/4/2013 Dana Black Medford Oregon 97504 United States 6/4/2013 Samantha Stovall Ashland Oregon 97520 United States 6/4/2013 Jeffrey Baxter Ashland Oregon 97520 United States 6/4/2013 Kiova Staley Ashland Oregon 97520 United States 6/4/2013 Kathy Prout Ashland Oregon 97520 United States 6/4/2013 Jennifer Gossmann Boston Massachusetts 2135 United States 6/4/2013 Sam markling Ashland Oregon 97520 United States 6/4/2013 Jami Ronda Medford Oregon 97504 United States 6/4/2013 Paul Garber Ashland Oregon 97520 United States 6/4/2013 Monica Port Ashland Oregon 97520 United States 6/4/2013 J Goff Ashland Oregon 97520 United States 6/4/2013 nancy emerson Talent Oregon 97540 United States 6/4/2013 Liz Schmidt Ashland Oregon 97520 United States 6/4/2013 Aura Johnson Ashland Oregon 97520 United States 6/4/2013 Tanya Owen Talent Oregon 97540 United States 6/4/2013 Ingrid Edstrom Ashland Oregon 97520 United States 6/4/2013 kayla starr Talent Oregon 97540 United States 6/4/2013 laura ferrara Medford Oregon 97501 United States 6/4/2013 Misha Fradin Portland Oregon 97217 United States 6/4/2013 Aura Aryeff Ashland Oregon 97520 United States 6/4/2013 tim rios ashland Oregon 97520 United States 6/4/2013 Maya Moore Ashland Oregon 97520 United States 6/4/2013 Joan Tyler Springfield, OR Oregon 97477 United States 6/4/2013 Peter Martin Portland Oregon 97202 United States 6/4/2013 Amy M[Callan Ashland Oregon 97520 United States 6/4/2013 Deborah Josephson Ashland Oregon 97520 United States 6/4/2013 Fred Gant Ashland Oregon 97520 United States 6/4/2013 Juliet Grable Ashland Oregon 97520 United States 6/4/2013 Abby Capovilla Ashland Oregon 97520 United States 6/4/2013 todd ellis ashland Oregon 97520 United States 6/4/2013 Amanda Evey Ashland Oregon 97520 United States 6/4/2013 Holly McCormack Ashland Oregon 97520 United States 6/4/2013 Guy Appleton Grants Pass Oregon 97527 United States 6/4/2013 oshana catranides Ashland Oregon 97520 United States 6/4/2013 Hannah Ewing Ashland Oregon 97520 United States 6/4/2013 Devin Lafferty Ashland California 97520 United States 6/4/2013 Jessica Volk ashland Oregon 97520 United States 6/4/2013 Dee Fretwell Ashland Oregon 97520 United States 6/4/2013 Erika Rogers Grants Pass Oregon 97527 United States 6/4/2013 olivia doty Ashland Oregon 97520 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Jason Baker Medford Oregon 97501 United States 6/4/2013 Michele Carnes Ellis Ashland Oregon 97520 United States 6/4/2013 Sheila Walker Ashland Oregon 97520 United States 6/4/2013 Dorine Owens Medford Oregon 97504 United States 6/4/2013 Becky Brown Ashland Oregon 97520 United States 6/4/2013 Edwina Harmon Ashland Oregon 97520 United States 6/4/2013 Janie Chandler Ashland Oregon 97520 United States 6/4/2013 jason jackson Grants Pass Oregon 97526 United States 6/4/2013 Jennifer Stevens ASHLAND Oregon 97520 United States 6/4/2013 Art Tetrault Ashland Oregon 97520 United States 6/4/2013 Sequoia Perryman Pheenix Oregon 97535 United States 6/4/2013 Emma Wells Ashland Oregon 97520 United States 6/4/2013 judith Clinton ashland Oregon 97520 United States 6/4/2013 Valerie Blazer ashland Oregon 97520 United States 6/4/2013 Thomas Klinefelter Applegate Oregon 97530 United States 6/4/2013 James Freeberg Ashland Oregon 97520 United States 6/4/2013 Jeri Karcey Central Point Oregon 97502 United States 6/4/2013 John Schmidt Ashland Oregon 97520 United States 6/4/2013 sue sch. Florida Florida 89077 United States 6/4/2013 Luna Summers Talent Oregon 97540 United States 6/4/2013 Jordan Varvais Ashland Oregon 97520 United States 6/4/2013 Claire Anderson Grants Pass Oregon 97527 United States 6/4/2013 Autumn Micketti ashland Oregon 97520 United States 6/4/2013 Kelley Caudell Williams Oregon 97544 United States 6/4/2013 Jeanine Moy Ashland Oregon 97520 United States 6/4/2013 Rich Rohde Ashland Oregon 97520 United States 6/4/2013 Molly Ochoa Ashland Oregon 97520 United States 6/4/2013 Heidi Gottlieb Ashland Oregon 97520 United States 6/4/2013 Ernest Garcia Ashland Oregon 97520 United States 6/4/2013 Kathleen Pyle Jacksonville Oregon 97530 United States 6/4/2013 Rossano Castelli 25060 Italy 6/4/2013 Curtis Charles Ashland Oregon 97520 United States 6/4/2013 Sheila Filan Ashland Oregon 97520 United States 6/4/2013 catherine Schwarz Phoenix Oregon 97535 United States 6/4/2013 Dan Shaw Ashland Oregon 97520 United States 6/4/2013 Angela Fleischer Ashland Oregon 97520 United States 6/4/2013 Jon Carlson Ashland Oregon 97520 United States 6/4/2013 Jeanne Chouard Ashland Oregon 97520 United States 6/4/2013 Bonnie Folick Ashland Oregon 97520 United States 6/4/2013 sally jones ashland Oregon 97520 United States 6/4/2013 Elly Hereth Ashland Oregon 97520 United States 6/4/2013 Angelika Curtis Eagle Point Oregon 97524 United States 6/4/2013 Lindy Miller Ashland Oregon 97520 United States 6/4/2013 Tahiti Stodola Ashland Oregon 97520 United States 6/4/2013 kristi reynolds medford Oregon 97504 United States 6/4/2013 Cathy Berger Ashland Oregon 97520 United States 6/4/2013 Mimi Chouard Ashland Oregon 97520 United States 6/4/2013 Kirpal Khalsa Rogue River Oregon 97537 United States 6/4/2013 Lucy Whitridge Ashland Oregon 97520 United States 6/4/2013 Molly Romero Ashland Oregon 97520 United States 6/4/2013 Petition signatures in support of List Printed as of 4:30pm 6/4/2013 City of Ashland: Adopt a Bee-Friendly Ordinance Name City State Zip Code Country Signed On Ashley Merrill Ashland Oregon 97520 United States 6/4/2013 Melissa Lema Ashland Oregon 97520 United States 6/4/2013 jennifer lunt Ashland Oregon 97520 United States 6/4/2013 Susannah Cole Ashland Oregon 97520 United States 6/4/2013 Aliza Kawecki Cave Junction Oregon 97523 United States 6/4/2013 freesia modica phoenix Oregon 97535 United States 6/4/2013 Melanie Lancaster Talent Oregon 97540 United States 6/4/2013 Savannah Kahn Ashland Oregon 97520 United States 6/4/2013 laurie red ashland Oregon 97520 United States 6/4/2013 Amanda Alford Ashland Oregon 97520 United States 6/4/2013 Sara Fiorenzo Holland Michigan 49423 United States 6/4/2013 Jasmyne Chandler Ashland Oregon 97520 United States 6/4/2013 Matt Roberts Medford Oregon 97501 United States 6/4/2013 Kyrill Stiritz ashland Oregon 97520 United States 6/4/2013 Craig Tate Hobart 7150 Australia 6/4/2013 olin anderson medford Oregon 97501 United States 6/4/2013 Gina Patterson Ashland Oregon 97520 United States 6/4/2013 jeremy braun Talent Oregon 97540 United States 6/4/2013 Melanie Turner ashland Oregon 97520 United States 6/4/2013 Lisa Dunagan Ashland Oregon 97520 United States 6/4/2013 From: Lisa Q. Rand rmaiIto: larand(&charter.net] Sent: Monday, May 06, 2013 9:28 AM To: councilPashland.or.us Subject: Council Contact Form - Lisa Q. Rand - 5/6/2013 Name: Lisa Q. Rand Email: larandCalcharter.net Subject: Bee keeping in Ashland Message: Dear Council Members; I have recently discovered that my neighbor has placed several bee hives directly next to our shared fence. I was not notified by the neighbor, I was having the property surveyed for a fence I am putting in between our properties and the surveyor told me it was there. Since I regularly weed wack this area I could easily have been attacked and killed. I live on West Nevada St. I had several months ago had a discussion with this neighbor, regarding the fact that I am highly allergic to bee stings and it could result in my death. I am contacting you to urge tighter restrictions on bee keeping in Ashland and to let you know while the bee keepers are pushing for less distance the keeping of bees in city limits has potentially life threatening consequences for many of us. My neighbor has no water on his property for these bees, I however have three ponds. He also does not have flowering plants, I have a honeysuckle directly next to my house as well as many lavender plants, all there before I knew of my allergy. The bees swarm my honeysuckle and use my ponds. I am asking you, please do not shorten the distance and reconsider bee keeping in the city limits or at least increase the requirements to do so, in order to avoid a tragic outcome. CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting A Resolution Approving the Formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The Friends of Research and Extension group is requesting that the City of Ashland join in supporting their efforts to create a county-wide Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District. They plan to petition the Jackson County Board of Commissioners to place a measure on the May 2014 ballot asking voters to approve district formation and a county-wide permanent tax rate of $0.05 per $1,000 of assessed value to fund the district and its agricultural assistance and education goals. BACKGROUND AND POLICY IMPLICATIONS: If approved, the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District would support programs of the local youth 4-H clubs, adult education fitness and health, the Master Gardeners Program, small farms and woodland area management, and other agricultural research and education within the district on behalf of all district residents. The district will be established under Chapter 358 of Oregon Revised Statutes (ORS 358.442-358.474). If the proposed petition drive is successful, the May 2014 election will include a vote to approve a permanent tax rate limit of no more than $0.05 per $1,000 of assessed value. The group estimates that this amount would result in an average fee of approximately $7.84 for the average home in Jackson County with an assessed value of $158,800. In order to place this item on the May 2014 ballot, the Friends of Research and Extension is seeking the consent of each city within the county to endorse formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District. Any City that declines to approve this resolution will be excluded from the district boundaries and the new property tax would not apply. FISCAL IMPLICATIONS: No fiscal impacts to the City of Ashland budget, however, if the ballot measure passes as proposed a permanent property tax of $0.05 per$1,000 of assessed value will be added to the general government tax rate paid by all property owners in the City of Ashland. STAFF RECOMMENDATION AND REQUESTED ACTION: None. Page I oft CITY OF ASHLAND SUGGESTED MOTION: I move to approve the resolution titled, "A resolution of the City Council of the City of Ashland approving the formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District." ATTACHMENTS: Resolution Feasibility Study Proposed petition Page 2 of 2 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND APPROVING THE FORMATION OF THE JACKSON COUNTY 4-H, MASTER GARDENERS, AND AGRICULTURAL EXTENSION SERVICE DISTRICT RECITALS: A. In 1911 the Southern Oregon Research and Extension Center (SOREC) began as the Southern Oregon Experiment Station to help Jackson County farmers, orchardists, and vineyardists develop the best sustainable practices for their fields and to remain competitive in a global economy, and B. In 1914 the Jackson County Extension Service (JCES) was created to support agricultural interests of Jackson County, and C. According to the Charter that established the JCES, Jackson County must provide "substantial funding" in order for JCES to exist, and D. Even though Jackson County has recently only provided about eleven percent (I I%) of the JCES budget this funding is critical as a match for federal and state monies invested in Jackson County through SOREC, and E. In May of 2013, Jackson County Commissioners voted to fund JCES for only the first 6 months of the 2014 fiscal year, and F. The loss of funding for JCES means a loss of funding for SOREC and its programs, including Jackson County 4-H programs, the Master Gardeners, the Master Woodland Managers, the Master Food Preservers, and may other programs and educational opportunities, and G. A group of citizens has proposed to form the Jackson County 4-H, Master Gardener, and Agricultural Extension Service District and presented for examination of the Council the prospective petition and accompanying economic statement setting out in detail reasons for formation of the District. r, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland approves the prospective petition for formation of the Jackson County 4-H, Master Gardeners, and Agricultural Extension Service District. Page 1 of 2 This resolution was duly PASSED and ADOPTED this day of , 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 040213 Agricultural District. Res.dOCXG:\legal\PAUL\FORMS\resolution fo".wpd Feasibility Study for a Jackson County 4-H, Master Gardener, & Agricultural Extension Service District Introduction For nearly 100 years, Oregon State University has had a partnership with Jackson County to extend the knowledge of the Land Grant University to the citizens of the County. The Jackson County Extension Service was created in 1914 to support the agricultural interests of the County, and since then the services provided have grown in in response to local needs to serve all the citizens of the County. Even earlier (in 1911), the Southern Oregon Experiment Station began delivering objective, research-based scientific information to help Jackson County's farmers, orchardists, and vineyardist's develop the best sustainable practices in their fields, and remain competitive in a global economy. Today, while still separate organizations in mission and budgets, both the Extension and research units are part of the Southern Oregon Research and Extension Center (SOREC). According to the charter that established the Jackson County Extension Service, Jackson County must provide "substantial funding" in order for the Extension to exist. Even though Jackson County has provided only about 11 % of the Extension's budget in recent years, this component of Extension funding is critical as a match for the federal and state dollars invested in Jackson County through SOREC. The agreement between Jackson County and the Branch Experiment Station, as it was developed, was that Jackson County would provide the land and buildings at no cost to develop the Experiment Station in Jackson County and the Director of Branch Stations would provide state and federal funds to hire the researchers to be housed at the station and funding to run the station. Starting in the 2013-14 fiscal year Jackson County no longer will be able to provide the buildings at no cost and will require rent in order to maintain their buildings to their specifications. Like many counties in Oregon, Jackson County is under severe budget constriction. In 2006, the Jackson County Commissioners and Administrator, understanding that the County's commitment to the Extension was critical, moved the Extension operational budget from the general fund ledger to the economic development section of the County budget, so that it would be less vulnerable to budget cuts. Unfortunately, this was only a temporary solution to the problem and future boards have overturned this decision. Earlier in 2013, in their initial recommendations, the budget committee of Jackson County counseled completely defending the Extension Service. This would have resulted in the closure of Extension and all of its many programs. At their May, 2013, meeting the County Commissioners voted to reinstate funding for the Extension Service and Research Station for 6 months, at the Extension Administrator's recommended level for 2013-2014. At this time there is no guarantee that revenues will be found to support SOREC's operations for the remaining 6 months of the year. Because of the many vital services provided to the citizens and businesses of Jackson County by both the Extension Service and Experiment Station at the Southern Oregon Research and Extension Center, it is critical that a secure and steady income source be found. This document examines SOREC's contributions to Jackson County, its relationship to other County service providers, and the feasibility of supporting it though the formation of a service district. SOREC's Role in Jackson County The Southern Oregon Research and Extension Center is located on Hanley Road near Central Point. It supports programs of practical and relevant interest to citizens in both rural and urban environments in Jackson County. Programs and program staff are valued and trusted by the community because of their responsiveness to issues that most strongly resonate within the community. Both of SOREC's units serve as front doors to Oregon State University, Oregon's Land Grant University, and its resources. SOREC makes the research and knowledge base of the University available in communities throughout the county, a role it has played since the early 1900's. Extension's resources and programs center on building and strengthening sustainable communities and economies, sustaining natural resources and agriculture, and enhancing the health of youth, families, and older adults. Information disseminated by SOREC staff via workshops, classes, tours, and demonstrations, accompanied by well-researched educational materials, meets the community's demand for easy-to-access, research-based education for an increasingly diverse, growing and changing population, providing lifelong educational opportunities. SOREC's staff works cooperatively with numerous community partners. In addition, they develop and train a network of volunteers that expand the reach of services into all corners of the county. Volunteers trained in such areas as 4-H leaders, Master Gardeners, Master Woodland Managers, Land Stewardship, Master Food Preservers and as educators on healthy aging allowed them to make over 42,000 contacts last year in Jackson County. SOREC's Extension activities in Jackson County are currently organized into the following program areas, each of which provides a combination of educational programs and skill development activities and information services, supplemented by a vast library of user-friendly publications and web-based resources: 4-H Youth Development -Club projects in civics and leadership, science and technology, animal husbandry, natural science, horticulture, and expressive arts -Alter-school and summer youth natural resource programs -Fair and Lamb Show -Interstate Exchange -Leadership development retreats -OSU Summer Conference -Know your government program •4-H Leader volunteer program Livestock and Forages -Beef and sheep production, marketing, nutrition and reproduction -Pasture and hay ground management -Hay testing and feeding regimen assistance -Noxious weed management and pesticide safety -Soil testing and fertilization recommendations Forestry and Natural Resources -Silviculture (forest tending), reforestation, forest health, forest ecology, timber harvesting and marketing, tax mitigation, habitat development, watershed management, vegetation management, tree physiology, pesticide safety -Wood products and biomass utilization -Tree health advice and forest management plan development -Tree School -Master Woodland Manager volunteer program -Land Stewards volunteer program Horticulture -Commercial horticulture problem solving, production education, marketing, food storage, food safety, and integrated pest management -Water-wise plant selection and water conservation, pruning and grafting, landscape maintenance, efficient use of fertilizers and pesticides -Wine-grape industry marketing -Youth natural resource education -Horticultural problem solving and Plant Clinic -Water's impact on grape production and wine quality -Urban Master Gardener education and volunteer program Food Safety and Nutrition -Food preparation, safety and preservation -Nutrition education -Pressure canner testing service -Master Food Preserver volunteer program Healthy Aging • Living Well (health and wellness education) • Living with chronic conditions • Strong Women (specialized exercise program) Collaboration with other County agencies: While other organizations and agencies provide educational services in Jackson County, Extension is unique in scope and capacity. Consider the following examples: The County's K-12 schools educate youth; Extension's 4-H Youth Development program provides an array of after-school, in school and club-based learning opportunities that build leadership skills, foster responsibility, engage youth in citizenship, and enhance their appreciation of natural resources and our environment. -Youth in these programs are 3.5 times more likely to contribute to our community •1.5 times more likely to have positive youth development - 1.6 times more likely to go to college • Less likely to develop depressive symptoms and delinquent behavior Rogue Valley Community College provides critical higher education and workforce training opportunities; Extension brings cutting-edge research knowledge to farmers, ranchers, foresters, and other natural resource managers, and helps them integrate this information into their production and marketing efforts: -Educates new landowners on farming and forestry practices, horticultural commodities and cropping systems specific to this area -Emphasizes sustainable and organic production -Provides problem-solving and alternative pest control -Disseminates information and resources on emerging production practices and technology -Advises on business plan development and direct marketing -Supports local food production -Promotes water quality and watershed health and management -Preserves and conserves open space by protecting agriculture's viability in the region and evaluating alternative land use. The County's health and human services division, and our local health care industry provide services to treat health conditions; Extension's food safety and Living Well programs help Jackson County residents avoid food-related health problems, take advantage of our abundant, locally-grown produce, and help our senior citizens to maintain a healthier life. -Provides unduplicated health promotion and prevention programs for aging adults -Offers Living Well programs which reduce emergency room visits and result in fewer health provider visits -Helps Food Pantry clients stretch their limited food dollars and eat healthier Various state, federal and County programs provide technical and financial assistance to landowners and enforce land use regulations; Extension works proactively to teach landowners best management practices, those that maintain productivity and financial viability on a sustainable basis-a major contribution to Jackson County's economy. -Extension connects our community to OSU and its resources •SOREC has provided our community with assistance and knowledge for over 100 years • SOREC's staff members live and work in our community • SOREC's staff members are passionate about what they do • SOREC's staff members provide assistance in translation and implementation of complex technology and opportunities to fit our region and conditions -The community's success is SOREC's success The Southern Oregon Experiment Station scientists support the Extension mission by conducting applied research in the areas of tree fruit pathology, horticulture, viticulture and integrated pest management that is disseminated to local agricultural producers. Staff is also available to support established and new small farms in the county, a service highly relevant to our community, which values safe, healthy local food production and the protection of our farm lands. SOREC's research activities in Jackson County are currently organized into the following program areas: The pathology-horticulture program works on 1) problem-solving research and Extension outreach education to develop and implement strategies for dealing with diseases and disorders in fruit production, with minimal use of pesticides; and 2) opportunity-creating research to introduce new methods that can increase fruit quality, expand marketing, or increase production efficiency. The viticulture program is the newest program at SOREC and currently focuses on improving production efficiencies, irrigation, integrated pest management, canopy management, plant nutrition and vineyard mechanization while encouraging responsible natural resource management. The program cooperates extensively with the Southern Oregon Wine Grape Association. The pest management program focuses on the development of ecologically sound methods to manage insect and mite pests and conducts Extension outreach education to help growers speed the implementation of these new methods. Developing alternatives to conventional broad-spectrum pesticides is their emphasis. This is done by field-testing new technologies and products, by developing appropriate pest monitoring techniques and by conducting outreach education to area growers so that they can make need-based pest control decisions. The Southern Oregon Research and Extension Center delivered over 1,000 high-quality educations programs/workshops/projects that reached 42,000 residents in 2012. Over 2,000 youth, kindergarten through 12s' grade, participated in its 4-H youth development programs. Extension serves county residents across all age groups, social classes, occupations and avocations. Extension is also an important information broker. If Extension's faculty, staff or volunteers can't answer your questions, they will direct you to someone who can. Partnership Opportunities SOREC staff work diligently to be efficient in the use of limited funding resources, and look for every opportunity to extend program reach by partnering with other organizations and by reducing duplication of programs and projects. See Attachment B for a list of SOREC partners Jackson County Funding Situation The SOREC has depended on county, as well as federal and state funds, to provide the base funding for its operations. County funds have provided about 11 % of the budget for Extension and, up until now, Jackson County also furnished without cost the land, buildings, maintenance, custodial service, clerical support and operational costs for SOREC's operations. Federal and state governments support specific projects with grants, and pay a portion of the statewide programs and faculty salaries. Since the early 1900's, Oregon State University has maintained this partnership between the three government agencies here in Jackson County, but as revenues have shrunk at all levels of government the ability of the OSU and Jackson County general budget to provide that same level of service is in jeopardy. As of this writing, Jackson County Commissioners are now asking that SOREC pay rent for the buildings and grounds, and provide funds needed to maintain the county-owned buildings. SOREC Funding Options Grant writing, fees for services and generation of local program support is a regular component of SOREC's faculty members' jobs, yielding about $600,000 annually for the Extension and Research Center programs. While shifting more efforts toward writing and obtaining grants may appear to be an option, in all likelihood it would result in a dramatic change in emphasis and would fail to preserve the programs and services to which Jackson County residents have become accustomed. While it has also been recommended that SOREC consider increasing support generated from their program Associations, obtaining donations from the community, conducting raffles, and charging more for their services and classes, these resources would be insufficient to backfill the county general fund dollars that have supported SOREC for the past 100 years. After reviewing options, the stakeholders group FORE (Friends of Research and Extension) has determined that in order to provide a secure and sustainable funding source for the Research and Extension Center, and to maintain the services that Extension provides to thousands of county citizens each year, it will be necessary to ask the citizens of Jackson County to support the formation of a County Service District. This would have an associated tax base specifically dedicated to the support of all of SOREC's programs in Jackson County. The district would provide operations support for the SOREC office, including office, lab and equipment space (land and building rent to Jackson County), secretarial support, program assistance, program supplies, utilities and equipment and the maintenance of equipment and buildings. Needed SOREC Capacity A review of the SOREC programs and activities by FORE has identified a number of issues to which SOREC is well positioned to respond. These include rural economies dependent upon agricultural industries and wood products, facilitating rural/urban interface and resolving any friction which may exist, supporting an increasingly large number of elders in our population, promoting sustainable management of natural resources, building on family values and providing positive youth development activities. Extension stakeholders have consistently rated youth development as a high priority for faculty staffing, followed closely by agriculture, forestry, food and food safety, and healthy living. Faculty positions, funded by state and federal dollars, provide programming in these areas, but depend upon county-based resources for program support. N N N N N N N N N N N N m O O O O O O O O O O O O ~ ~ A W N r O ~D 00 J T VI A W m A U A W N r O ~O 00 J T U A Q ~ fA fA 6A 6A fA Vi 6A 6A 6A fA 6A Vi r N N I+ I+ r+ n+ I+ I.+ r r it p ryy ~ (7 m4 b O O O ~O ~O 00 00 J J T U A a C A O n C~ A N U J N A O VO O T 00 p 0 ap p p C N i+ T T T OD U W A ~D W ~O w •t m a .~j p b O A ~ U W W O N A N ~O W A Oh w A A W " w O C W T T N C y ~ p d OQ A K O fl a Of G T fA 609 69 6A 6A 6A 609 b9 69 6A 69 6A O m m. RJ ~ p O ~O T W W W W N N W W W W p 7 m y k A VO ~O O~ U A y 1 00 U H+ O F+.~1 6• t~ fD w ~J J O. 00 V1 00 J J L W A to A O m A ~O w O A w T N T T O U C O I ~ C Q O ~O W 00 N N N 00 A T \O CL p Q p C m O 9 ~e o ewe w fm 6A 6A (A 6A GA fA 6A 6A 6A m3 O m M+ F+ F+ H r H 1+ r Y+ a ry N N T T T U U U A W W N n ,py •t W A (IQ p T A N J T ~ a 'm U J O ry 0 .mi w p W O J O -O co T O T 4& !N .w.. p m r A J J J N N W A J m m p A W H+ 1+ F+ T N W U N O W fps A m C fD 'S n a ~ a0 N b W OTO a O W b T O .mr m m m d o a T yn ao T A J U a ~ m o m _ A ~O O O L U O J _ a O w o y w p G m O FA J W U W J T N T A m R w m G u O Yom! V1 % O 0 w a~i 'p ewe c a w N A N Vii A b -4 -4 J A 0 Up U p m C~i7 0 to T J OD N W J r V 7 W U L w A m ("J m p O A ~ O w J w J N O p m w a O N T A W W W U O A 'S i° m gy'p' n^ oil ~C O ~O O N J O ~O J U ~ V1 p w A, ~ G m fOD ~ O < ^ A C3 g, r N N r+ H+ H+ r d' 4 n m Vi ~O O O A U J m J W T ~p y~ O C J N A J O W W A O A •t ~y n O 41 V1 IJ J U !/1 00 H T W C w O (IQ H H W O N J J N m 7 .Z 9 a O w w 7 m w A ~ 'i7 OE m ao 00 00 ;o p c ao 00 oo a c = m e_~ N 00 V OD J W C O O .mq w m Oil m 'p't a C~ ~f 7 w Proposal The Friends of Research and Extension recommend that the SOREC maintain its offices at the current location, and that programs continue in 4-H youth development, natural resources and forestry, family community development (food safety, nutrition and programs for aging) viticulture and horticulture (both urban and commercial agriculture) outreach and applied research. FORE recommends that a service district be formed to provide local support for SOREC's operations, including funding (intitially) two full-time secretaries, program assistants, summer program aids, and a building/property manager. FORE also recommends that the service district, once established, provide funding for the management and maintenance of the buildings, farm equipment and grounds at SOREC's location on Hanley Road, Central Point, OR. District Governance Funds collected by the service district would be used solely in support of the SOREC programs, including a wide array of Extension educational programs responding to local needs and the research activities that inform those programs. SOREC's services would continue to be provided under a memorandum of understanding with Oregon State University. The Board of County Commissioners would be the service district's governing body. Proposed Budget A draft budget for the proposed district's operation is attached as Appendix A. It reflects the anticipated salaries and other payroll expenses (OPE) for the level of staffing described above, and the supplies and services adequate to facilitate the SOREC's programsThe associated supplies and services budget was based on historical expense data. Anticipated needs to be covered by district revenues total $773,444 in the district's first year of operation. Summary OSU, through its Extension Service and Branch Experiment Station, provides valued non-formal education, applied research, and a wealth of practical information to Jackson County residents. These services have been supported in part by direct financial support from the county general fund for the past 100 years. To assure that the Southern Oregon Research and Extension Center and its many programs will have stable funding and will be able to continue to provide educational resources, applied research and support for sustainable agriculture to the citizens, agricultural enterprises and businesses of Jackson County, we recommend that a measure to form this service district be placed on the May, 2014, ballot in Jackson County. The service district would be funded by a permanent tax rate of up to $0.05 per $1,000 of assessed value to provide operating support for the OSU educational and research activities in Jackson County, in order to ensure that the Experiment Station and the Extension Service can continue to serve the citizens of Jackson County. This rate would result in a yearly fee of about $7.84 for the average home in Jackson County with an assessed value of $158,800. BUDGET Appendix A Proposed Budget: Jackson County 4-1-11, Master Gardener, & Agricultural Extension Service District (not including rant-funded projects & associated ersonnel Projected Requirements Year 1 Year 3 (July 12014- June 2015 (July 1 2016-June 2017 Salaries & Other Payroll Expenses Secretarial Staff 2 Full-time $ 107,938 $ 121,279 Half Administration Assistant (Manages all rants $34,250 $38483 Part-time Land Steward Coordinator $41,851 $47,024 Part-time Master Gardener Coordinator $44,261 $49,732 4-H Program Assistant traditional program) $53,177 $59,750 Half Building & Property Manager $31,346 $35,220 Total Salaries & COPE $ 312,823 $ 351,488 Supplies & Services Office Supplies $8,000 $8,989 Books & Publications $4,000 $4,494 Office Equipment & Repair $10,000 $11,236 Telephone, Network Connection & Support $7500 $8,427 Postage $4,000 $4,494 Misc. Contracts, SVC, Fees $15,000 $16,854 Travel & Training $24,000 $26,966 Utilities $25,000 $28,090 Building Maintenance and Janitorial Services $94,290 $105,944 Rent (county land and buildings) $200.000 $224,720 Contracted Services $4,000 $4,494 Annual Audit $4,000 54,494 District Insurance $4,000 $4,494 4-H Fair $20,000 $22,472 Total Supplies & Services $ 423,790 $ 476,168 Contingency 5% $36,831 $41,383 Total Projected Requirements $773,444 $869,039 Projected Resources Generated Revenues $15,469 $17,381 Tax Revenues Required to Balance $757,975 $851,658 Total Projected Resources $773,444 $869.039 Tax Rate Calculation County taxable value $16,095,995,926 $16.440,595,468 Anticipated Compression $12,990 $13,781 Collection Rate 96.00% 98.00% Total Rate per 1000 assessed value 0.05 0.05 PETITION TO FORM THE JACKSON COUNTY 4-H, MASTER GARDENER AND AGRICULTURAL EXTENSION SERVICE DISTRICT (District) We qualified and registered electors residing in or owning land in the areas of Jackson County, OR, to be included in the proposed District, petition the Board of County Commissioners for Jackson County, OR to initiate proceedings to form and approve the formation of THE JACKSON COUNTY 4-H, MASTER GARDENER AND AGRICULTURAL EXTENSION SERVICE DISTRICT (District) to support 4-H, Master Gardener, Research and Extension Service programs, and fund District rent, office operations and education, research and support staff to the extent not covered by other sources. The chief petitioner is John Francis Duggan, 5505 Forrest Creek Rd. (PO Box 524), Jacksonville, OR 97530-0524. The full text of the initiative is: CAPTION: FORMATION OF EXTENSION SERVICE DISTRICT WITH PERMANENT TAX RATE LIMIT. QUESTION: Shall the DISTRICT be formed and have a permanent maximum tax rate limit of $.05 per $1,000 of assessed value? SUMMARY: A "YES" vote favors the formation of The JACKSON COUNTY 4-H, MASTER GARDENER AND AGRICULTURAL EXTENSION SERVICE DISTRICT (District) to help fund the Southern Oregon Research and Extension Center (SOREC). The District shall be governed by the Jackson County Board of Commissioners. Taxes collected by the District will be used to support SOREC programs, rent, office operations and education, research and support staff to the extent not covered by other sources. Federal and State funds currently pay the salaries of SOREC faculty. SOREC Programs include: • Youth clubs: 4-H; after-school; teen leadership and camp programs; • Adutt education fitness and health; Master Gardeners and Plant Clinic; Family Food Education Volunteers; Land Stewards; Exercise and Fitness; • Small farms and woodlands; Small Woodlands Management; Small Farms Management; Seed Growers; fruit tree and grape crops research; Citizen Fire Academy • And other programs, including agriculture and natural resources research and education. SOREC programs and services are based on local needs and will change in response to changing needs. 1. This petition is made under and pursuant to ORS 451.010 to 451.990 and ORS 198.010 to 198.955. 2. The name and principal act of all affected districts and counties are listed in Exhibit A. 3. The action proposed in this petition is the formation of a Special District, the principal act of which is ORS 451 (County Service Facilities), specifically ORS 451.010 (Agriculture educational extension services). Pursuant to ORS 451.485 the county court shall be the governing body of the special district. 4. The boundaries of the proposed District are coterminous with those of Jackson Co., OR, less the territories of any city which fails to consent to inclusion, and this City is wholly within such territory. The legal description of the proposed district (Jackson County) is shown on Exhibit B, and is depicted on the map attached to that description. 5. The name of the proposed district is the JACKSON COUNTY 4-H, MASTER GARDENER AND AGRICULTURAL EXTENSION SERVICE DISTRICT. 6. The proposed maximum permanent tax is $0.05 per thousand dollars assessed valuation. 7. The chief petitioner of the petition is John Francis Duggan, 5505 Forrest Creek Rd. (PO Box 524), Jacksonville, OR 97530-0524. He is a registered voter/elector in Jackson Co., OR. 8. It is proposed that the special district formation be subject to the following terns & conditions: The formation of the Special District will be for the purpose of maintaining and operating Oregon State University Extension Service and its associated research activities within Jackson County, Oregon. Funds derived for this purpose are only to be used for operation and its associated research activities of Oregon State University Extension Service within Jackson County Oregon. 9. The economic feasibility statement required by ORS 198.749 is Exhibit C. 10. The petitioners have conferred with the incorporated cities within Jackson County in determining the boundaries and lands to be included within the District as indicated by the attached letters, Exhibit D. 11. This Petition consists of counterparts, which contain signatures of electors and/or landowners in the proposed district. 12. The territory to be subject to the petition includes approximately 2808 square miles and is inhabited as those terms are defined in ORS 198.705. 13. The petitioners request that proceedings for the formation of the District proceed. 14. All exhibits and maps referred to in this petition were present, presented to and available to each signatory for inspection and reading at the time of signing. 15. Certification: I am the chief petitioner, have read the foregoing petition, and certify that all the information, therein, is true and correct to the best of my knowledge and belief. John Francis Duggan, 5505 Forrest Creek Rd.( PO Box 524), Jacksonville, OR 97530-0524. DATED this day of (month), 2013. EE c 0 m a I_I_IIII_IJI_II_I_II om N d co d N m H ~ m ~ I I I I I I I I I I I I I I I ~s a l l l l l l l l l l l l l l l 0 y s= mo a O ~E c N ~ m G m Q 'c c c` m ~ am C m y a c N t c m •G v a° o 9 c m m O Q c g C m o ~ y gm a w ~ d > > I I I I I I I I I I I I I I I g~ pl ~ °c ra U W . G C m a L Z N od m cm m o ~ c m g • Y 4 a 0 n .0 0.. r N m a w co h co 0 1 1 1 1 1 1 . CITY OF ASHLAND Council Communication August 6, 2013, Business Meeting Consideration of a Resolution for the City of Ashland to Provide a City Building One Night per Week as a Winter Shelter FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Last winter, the City made Pioneer Hall available for a one-night-a-week winter shelter for the homeless, staffed by volunteers from The Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple). RVUUF and the Temple are interested in continuing this partnership during the coming winter season and the Council requested that its discussion of this question take place in a time frame that would allow more lead time for the training and screening of volunteers should the City choose to continue to offer a City building for this purpose, and to coincide with the schedules of local churches that offer one-night-a-week shelter. BACKGROUND AND POLICY IMPLICATIONS: The City Council earlier this year adopted a resolution allowing the use of Pioneer Hall as a one-night- a-week winter shelter for the homeless and establishing conditions and policies governing the use of the building. The shelter was staffed by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple). Nearly all of the conditions and policies in the resolution arose from recommendations made by the City's risk management staff and our general liability insurance carrier. Following adoption of the resolution, the City entered into an agreement with RVUUF and the Temple. A copy of that agreement is attached. The City also required all shelter volunteers to sign an acknowledgment and release. A copy of that document is attached as well. According to a report presented to the Ad Hoe Committee on Homelessness, the shelter averaged about 13 visitors per week; mostly the same people each week with the occasional new face. The resolution stipulated that there could be no more than 25 individuals in the shelter at any given time and that separate sleeping areas be designated for single men, single women and families. Dogs were not permitted. (We do not allow dogs in the City buildings managed by the Parks Department, except for dog training classes at the Grove.) An informal inspection by City staff found that the volunteers were complying with all of the conditions, except that men and women were sheltered together. Volunteers pointed out a separate area in which a woma or~a family could sleep if they so requested. The First Presbyterian Church plans to egm o ering weekly winter shelter the week before Thanksgiving (November 20) and the Episcopal Lutheran Church plans to start earlier in November. Pioneer Hall is currently available for a weekly shelter from November through April, however shelter guests and volunteers will have to be out of the building by 7:30 a.m. (as opposed to 8 a.m.), since the John Muir School is using the facility on Fridays at 8 a.m. Page ) of 2 Pr, CITY OF ASHLAND In addition, on February 19`h of this year, Council considered a resolution to allow dogs in the weekly shelter in Pioneer Hall. That resolution was not approved by the Council, which instead approved a resolution to allow dogs in an emergency winter shelter. The minutes of the Council's discussion and a copy of the emergency winter shelter resolution with the language allowing dogs are attached. The Temple and RVUUF have verbally indicated a willingness to provide volunteers and take responsibility for shelter operations this winter if the City provides a building. FISCAL IMPLICATIONS: There will be an additional charge of roughly $350 per month for general liability insurance should we choose to use Pioneer Hall as a winter shelter. Money was not specifically budgeted for this purpose, however this cost could be absorbed by the Insurance Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff has no specific recommendation but requests a Council decision at this or the next meeting in order to provide more lead time for getting this set up (particularly with regard to training and screening volunteers) and to direct the Parks Department to refrain from renting out Pioneer Hall during the winter months. Questions for the Council: • The resolution presented to you states that Pioneer Hall could be used from December through April. Does the Council wish to start this shelter program in November? • Is the Council willing to allow dogs in the shelter? Allowing dogs will not increase the cost of general liability insurance described above. SUGGESTED MOTIONS: I move to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week though April, 2014." ATTACHMENTS: Agreement between City of Ashland, RVUUF and Temple Emek Shalom, January 10, 2013 Volunteer acknowledgment and release Minutes of Council meeting of February 19, 2013 Resolution 2013-04 Page 2 of 2 ~r, RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO PROVIDE A CITY BUILDING FOR A WINTER SHELTER ONE NIGHT PER WEEK THROUGH APRIL, 2014 RECITALS: A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building one night per week from December, 2013, through April, 2014. B. RVUUF and the Temple will provide volunteers to staff, manage and clean the shelter. C. The City is willing to provide a building one night a week to accommodate this proposal in accordance with the provisions below. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of a Shelter. Ashland will provide a City building for use as a shelter for homeless community members one night per week under the terms and conditions set forth herein. SECTION 2. Terns and Conditions. a. This building is offered for the period December, 2013, through April, 2014. b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City from liability for any personal injuries to them. c. The shelter will be staffed by volunteers from RVUUF and Temple who are certified to staff an overnight shelter. RVUUF and Temple must provide to the Parks and Recreation Department written assurance that every volunteer who will staff the shelter is certified to have completed appropriate training on the emergency plan, mental health plan and emergency communications for the shelter and has passed criminal background checks. d. Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. An additional male volunteer will be required when more than 10 male guests are present. More volunteers may be required by the City depending on the building to be used. If the minimum number or qualified volunteers are not available for the entire time, the shelter will not be opened that night. e. Shelter occupancy will be limited to 25 guests on a first come, first serve basis. f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30 a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave. g. City insurance requires separate sleeping space be designated for single men, women and families. Appropriate signage must be displayed that warns against children being left alone. Buildings must have separate restrooms for men and women. h. Ashland Parks & Recreation will identify the building to be used and provide access. The priority from an operational and safety perspective is Pioneer Hall, the Community Center and the Grove, in that order. i. No showers or food service will be made available during the hours of operation. Resolution No. 2013- Page 1 of 2 SECTION 3. Shelter Policies. Operation of the shelter shall, to the greatest extent feasible, comply with the following guidelines: a. Shelter services must be provided with dignity, care, and concern for the individuals involved. b. The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times. c. Upon entering the shelter facility each night, each guest must sign in, and sign an agreement committing to comply with shelter rules, absolving the City and volunteers of any responsibility for the security of the guest's personal property, releasing the City and volunteers from all claims of liability for property damage or personal injury arising from operation of the shelter or use of the City's building and certifying that he or she is eighteen years of age, or older. d. No cooking. Kitchen facilities are to be secured and access is prohibited. e. No drugs, alcohol, weapons or pets will be allowed in the shelter property at any time. f. No disorderly conduct will be tolerated. g. No threatening or abusive language will be tolerated. It. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc. i. Smoking will be restricted to the outdoors in designated areas. j. All guests should maintain their own areas and belongings in an orderly condition. k. If a volunteer/staff member accepts any item from a guest for safe keeping at least one other volunteer/staff member will witness the transaction. 1. Failure to comply with shelter policies may disqualify a guest(s) from future stays. m. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room set-up by 8:00 a.m. SECTION 4. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this _ day of August, 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of August, 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2013- Page 2 of 2 VOLUNTEER ACKNOWLEDGMENT AND RELEASE CITY OF ASHLAND, OREGON I, (print name) am a competent adult at least eighteen years of age. In consideration of being allowed to participate as a volunteer co-host at a temporary weekly overnight sleeping facility ("Shelter") at the City of Ashland's Pioneer Hall for persons in need of shelter, 1 hereby make the following acknowledgments, representations, and release commitments: 1. This is strictly and entirely volunteer work; I am not an employee or contractor of the City of Ashland/Ashland Parks & Recreation Department ("City") 2. 1 am aware that serving as a co-host for the Pioneer Hall Shelter is likely to require my participation in setting up the facility for the night; supervising guests, including ensuring established rules are observed; and cleaning and closing the facility and that these activities may involve some risk to my person or to the facilities and personal property for which 1 am assuming a duty of care. 3. 1 have satisfied myself that I am physically able to serve as a co-host for the Shelter. 4. 1 have satisfied myself that the risk of harm or liability from undertaking this volunteer activity is acceptable, and I willingly assume it. 5. 1 understand and acknowledge that the City is not responsible for any injuries, damages or sickness that may result from my participation in this activity. 6. 1 understand any City personal injury or liability insurance that may provide coverage for my volunteer activities as a co-host for the Shelter shall be secondary to any other applicable insurance coverage to which I am entitled or have subscribed. 7. 1 understand that I would not be allowed to participate as a co-host for the Shelter if I did not execute this acknowledgment and release form. 8. 1, for myself, my legal representatives, heirs, and assigns, release, waive, discharge and hold harmless the City, its officers, agents and employees, from any loss or damage or any claim for damages, including attorney fees and costs, on account of any injury to person or damage to property resulting from my participation as co-host for the Pioneer Hall Shelter, whether caused by my negligence or that of the City, its officers, agents or employees, except for injury to person or damage to property arising out of the intentional misconduct or recklessness of the City. I HAVE CAREFULLY READ THIS ACKNOWLEDGEMENT AND RELEASE FORM AND FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY FOR NEGLIGENCE AND A CONTRACT BETWEEN ME AND CITY OF ASHLAND, AND I SIGN IT VOLUNTARILY AND OF MY OWN FREE WILL. Volunteer Signature: Date: Name: Phone: Cell Phone: Street Address: City: State: Zip Code: Emergency Contact Person's Name: Emergency Phone: IN CASE OF EMERGENCY, CONTACT AT 541-XXX-XXX ASHLAND CITY COUNCIL MEETING February 19, 2013 Page I of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 19,2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor called the order at 7:00 p.m. Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris,Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 15, 2013. He went on to move agenda item #3. Consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation under NEW AND MISCELLANEOUS BUSINESS to number 1. with Council consent. APPROVAL OF MINUTES The minutes of the Special Meeting of February 2, 2013, Study Session of February 4, 2013, Executive Session of February 4, 2013 and Business Meeting of February 5, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Police Chief Terry Holdemess noted Frank D'Entremont's career with the Ashland Police Department and thanked him for 57 years of service. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Liquor License application for Warren Anderson dba Ashland Texico 3. Liquor License application for Rajan Kumaran dba Tudor Guild, Inc. 4. Liquor License application for Brandon Overstreet dim Swing Tree Brewing Co. 5. Liquor License application for Michael Ulizzi dba Club 66 6. Approval of special procurement for boundary survey work on Calle Guanajuato 7. Approval of a special procurement for phase #2 of the Calle Guanajuato resurfacing project S. Adoption of a funding agreement between the City of Ashland and the Oregon Department of Forestry 9. Award of a public contract for a risk management advisor 10. Approval of a contract amendment with Liquivision Technology 11. Approval of the Mayor's appointment of Krista Hepford to the Public Arts Commission 12. Consent to Legal Representation by David Lohman on Mt. Ashland Ski Area Matters 13. Approval of a special procurement for helicopter forest thinning for the City of Ashland's Winburn property 14. Approval of a special procurement for helicopter forest thinning for the Ashland Forest Resiliency Project Councilor Rosenthal and Slattery pulled Consent Agenda item 49 for discussion. Administrative Services Director Lee Tuneberg clarified the Risk Management Advisor contract would help the City negotiate insurance packages not covered by city or county insurance services. The contract was $18,000 per year for two years with a three-year renewal option. The fee schedules addressed how much the company ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 2of7 charged, complexity, and coverage. Councilor Voisin pulled Consent Agenda item 412 for discussion. City Attorney Dave Lohman confirmed he would represent the City regarding issues relating to Mt. Ashland Association (MAA) who was a former client of his previous law firm and clarified he was not involved in the lawsuit that occurred at the firm. Councilor Rosenthal pulled Consent Agenda item #13 for discussion. Forest Resource Specialist Chris Chambers clarified the grant covered 100% of the project cost including the value of the material removed up to $335,000. They based the $335,000 on $500 per 1,000 board feet. Since that estimate, the market improved and the price was now over $700 per 1,000 board feet. The extra funds would extend the project to include fuels reduction treatments on private property bordering the Ashland Watershed, prescribed burning on City of Ashland forestlands, and fuels reduction in Siskiyou Mountain Park. Staff did not anticipate needing a contingency. Councilor Marsh/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None PUBLIC FORUM - None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Consideration of a letter of intent between Ashland Community Hospital, Asante Health Systems, the City of Ashland, and the Ashland Community Hospital foundation City Administrator Dave Kanner explained the Letter of Intent (LOI) was the groundwork for a final agreement that would come before Council the end of March 2013. By signing the LOI, the City transferred its sole corporate membership to Asante; the title, and all real property it owned to Ashland Community Hospital Corporation. Asante would agree to operate Ashland Community Hospital (ACH) as a general hospital defined in state law for a period of 3 years. Failure to do so had the sole corporate membership revert to the City along with $8,000,000 to cover the outstanding balance on the construction debt. Asante further agreed to make $10,000,000 in capital improvements in the first three years. There were two outs for Asante, one was unknown liabilities at time of closing that exceeded $4,000,000, or if the known pension liability exceeded $16,000,000, Asante had the right to give the hospital back to the City in the first three years. If Asante ceased to operate ACH as a general hospital years 4-15 they would pay the City $4,000,000 in liquidated damages. Councilor Slattery explained the group focused on retaining the general hospital for as long as possible, protecting jobs and relieving the debt risk. He specifically thanked Doug Gentry for his leadership and efforts on the board. Asante President and CEO Roy Vinyard noted Asante and ACH's mission and value statements were similar. Locally owned, Asante provided care for over 600,000 residents in nine counties in Southern Oregon and Northern California. In addition, Asahte provided the following services: • Neonatal Intensive Care Unit - recently expanded to Gold LEED Certified • Complex Heart Health Care • Inpatient Mental Health • Free Standing Pediatric Care ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 3 of 7 ACH was a key component in the area and Asante was interested in building on their current services and strengthening others. Asante would also provide less expensive access to capital, recruit physicians, and try to maintain as many jobs currently at ACH as possible. Asante intended to run ACH as a general hospital for the next 100 years. They wanted to incorporate financial incentives and penalties if Asante was unable to operate ACH as a general hospital. The $10,000,000 capital improvements were a start to the amount of investment Asante planned to make. Asante was not looking to change any services currently provided, the needs of the community determined services. The Asante Board comprised of 11-15 board members representative of the communities served. The ACH Chair would become a voting member and the ACH Chief of Medical Staff an ex-officio non- voting member on the Asante Board. Ultimately, the ACH Board would become a quality committee. The initial $10,000,000 for capital improvements might include the electronic medical record system, new equipment, building improvements, but would not cover operational costs. Mr. Vinyard was confident they would complete due diligence within the 90-day window. Asante developed partnerships between the hospital and physicians for coordination of care and felt prepared for any changes that might occur in the medical field. Ron Roth/6950 Old 99 South/Questioned selling the property, thought it was worth more than $3,900,000 and preferred the City negotiate a long-term lease to Asante for the property. He also wanted Le Clinica brought into the conversation. He noted a physician that performed surgery on him at Providence and wanted to know if that doctor would be able to operate at Asante or ACH. He suggested the Mayor appoint an ad hoc committee to get a community wide perspective. Mr. Vinyard confirmed prior physicians could request privileges at all three of the hospitals. Councilor Slattery/Rosenthal m/s to approve letter of intent of affiliation between Asante and ' Ashland Community hospital and authorize the Mayor and the City Administrator to sign the letter as presented. DISCUSSION: Councilor Slattery explained the Ashland Board of Directors, a large citizen based group met extensively regarding ACM. Council and the Mayor appointed the group and they worked on both affiliations. The Ashland Board of Directors and the Ashland Foundation participated in the meetings. It was imperative to move to a partnership quickly. This was one way Ashland could have a successful general hospital in the future. Councilor Rosenthal emphasized the Letter of Intent was non-binding and time was of the essence regarding the partnership. Councilor Marsh thought the agreement met the three objectives in that it would protect financial investments, maintain the hospital facility, and provide some local control since Asante was local. Mr. Kanner explained the real market value determined by the County Assessor was approximately $4,000,000. The community gained value as long as the hospital remained open and Asante had built incentives to keep the hospital open. They needed to amortize their investment over time and $4,000,000 was fair. The hospital property had construction debt that the City would divest itself by transferring the corporate membership to Asante. Additionally, an unfunded actuarial pension liability that could potentially come back to the City would divest if the agreement moved forward. Councilor Voisin did not want taxpayers saddled with the $8,000,000 construction loan and Asante would" assume responsibility for that debt. Councilor Morris agreed it was the best option and Councilor Lemhouse supported the agreement. Mayor Stromberg acknowledged the agreement was a big step for the community and potentially a good one considering ACH's current financial circumstances. Roll Call Vote: Councilor Rosenthal, Voisin, Slattery, Marsh, Morris, and Lemhouse, YES. Motion passed. ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 4 of 7 2. Fiscal Year 2012 -13 second quarter financial report: October - December 2012 Administrative Services Director Lee Tuneberg explained the amount of cash decreased from December to December because of issuing bonds for construction on Fire Station No. 2. Additionally, a portion of the unrestricted funds in the Capital Improvement Fund went towards remodeling the Police Department with the City paying 85% of the remodel. Reserves paid down debt service and the Hargadine parking structure in full. The City was in an improved position heading into the biennium with future costs to manage as the City went forward. When the City issued bonds recently the rating agency noted the City had maintained its financial position with slight improvements. 3. Update from the ad hoc Steering Committee on Homelessness Ad Hoc Homelessness Steering Committee (HSC) member Graham Lewis provided a status on the committee that included meetings with the faith community that resulted in a shelter night at Trinity Episcopal Church and two faith community agencies collaborating with the City to open a shelter night on Thursdays in Pioneer Hall. HSC trained volunteers to work at all the shelters, and developed an online scheduling system for the 72 shelter hosts. HSC also was planning a trip to Klamath Falls to research Veteran's Court, heard a report regarding the Exclusionary Zone, researched shower trucks and facilities, produced an Ashland resource list of services with City staff, and visited Eugene OR for options on a day shelter, overnight parking and other services. HSC's main action item was the Veteran's Court. HSC was having difficulties finding a space to provide shower facilities and had researched shower trucks leased by the US Forest Service and Cycle Oregon as a possible alternative. John WieezoreW165 Orange Avenue/Explained he was a member of the Social Justice and Action Committee for the Rogue Valley Unitarian Universalist Fellowship. He thanked the Temple Emek Shalom, City staff, and the HSC for collaborating on the shelter night at Pioneer Hall. They hosted an average of 12 people a night, 9 men, and 3 women who all expressed their gratitude to the hosts and the City for providing shelter. He explained how difficult it was rejecting guests with dogs and thought the City should revaluate the policy. Volunteers were looking into an online' service to reduce costs associated with the background checks used by St Vincent de Paul in Eugene OR. 4. Appointment to the Budget Committee City Recorder Barbara Christensen submitted a revised Council Communication that included applications from the last two openings on the committee per Council request. The Council Communication also provided options to replace Doug Gentry's position. The process for appointing members to the Budget Committee was different from other commissions and committees with the Council and Mayor making the decision. Normal process included applications not appointed from the previous appointment vacancy. Councilor Rosenthal questioned why this round of appointments included an application from 2005 where the applicant was appointed, served their term, and resigned. Ms. Christensen responded Council could choose the process used for Budget Committee appointments. Councilor Voisin asked for further clarification why Dee Anne Everson was on the ballot when she did not apply in 2012. Mayor Stromberg explained the vacancy occurred close to budget and he and Councilor Slattery thought of Ms. Everson because her prior experience with the budget would eliminate the learning curve. Ms. Everson resigned from the Budget Committee to perform a unique function for the City Administrator. Mayor Sfromberg and Councilor Slattery approached her to determine her interest in returning the Budget Committee. Councilor Lemhouse acknowledged the concern and awkwardness regarding how Ms. Everson got on the ballot, but supported reappointing her based on her prior contributions to the Budget Committee. Councilor Voisin spoke in favor of Joe Graf, shared his background regarding budget, thought he would ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 5 of 7 provide a fresh perspective to the committee, and would easily catch up. Councilor Slattery shared his support for Ms. Everson. Councilor Rosenthal expressed exasperation with the selection process. He appreciated Ms. Everson's service on the Budget Committee but supported Joe Graf and his experience with budgets adding he would bring fresh eyes to the committee. Councilor Marsh commented normally they would advertise but given the circumstance, they did not have time. She would support Ms. Everson but considered this a short-term appointment and would not reappoint her December 2013. Councilor Slattery/Lemhouse m/s to appoint Dee Anne Everson to the Citizen Budget Committee for a term ending 12/3112013. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week through April, 2013, and repealing Resolution No. 2013-01" City Administrator Dave Kanner explained Council approved Resolution 2013-01 that allowed use of a City building for a regular Thursday night shelter organized and operated by volunteers from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom. Council decided against allowing dogs in the shelter. During the last Council meeting, a citizen requested Council reconsider that decision, allow dogs in the shelter, and provided revised resolution language. Council voted to discuss the topic. Staff prepared the resolution amendment that allowed dogs into the facility, kept in crates at all times, with RVUUF and Emek Temple Shalom responsible for any animal related damages. M this time, RVUUF and Emek Temple Shalom had not met to approve the amendment. If approved, it would become effective once RVUUF and the Temple signed the revised agreement. Joel Feiner, M.D. /593 Prim Street/Shared his experience as a physician, psychiatrist, and professor. Instead of calling the animals pets, he suggested calling them family because they were that to many homeless people. He shared a story of one young woman who always fed her dog before she ate and used the dog for protection. Leigh Madsen/176 Orange Streef/Expressed his thanks and the gratitude shared by the homeless accessing the shelters. He agreed with Mr. Feiner the homeless considered their cats and dogs family. There were five dogs at the free meal that night and all behaved. In the 2.5 years he served free meals, he had never witnessed dogs fighting or attacking and threatening people. He did not think the City should be concerned dogs would cause damage or hurt someone although that was a reasonable concern. Carolyn Anderson/1295 Munson Drive/Explained she was a member of the Trinity Episcopal Church and a volunteer at the Trinity Shelter program since inception this past November. Prior to that, she volunteered at the Presbyterian Church shelter. She provided insight on dealing with dogs coming into the shelter and there were no instances of threatening or violent behavior from any of the dogs. Trinity Episcopal Church budgeted money for carpet cleaning and had very few accidents. She understood liability issues, if dogs were crated it should address those concerns. Having the faith agencies agree to cover any damage that might occur would ameliorate liability due to damages. She encouraged Council to support the amendment. Cate Hartzell/892 Garden Way/Referenccd the document she submitted into the record and explained the new information came from the success Eugene OR experienced establishing warming centers. There was grant money for vaccinations, wellness centers, and crates as well. She noted federal law prohibited the City from keeping service dogs out of the shelter. She thought the proposal addressed all the issues except liability. The City was paying $400 a month for insurance if there was damage, once the City met the deductible, insurance would cover any claims. By the time the. Church and Temple paid, if they agreed to pay for damages, City insurance would have covered it already. The exposure for personal injuries insurance said it would not raise the rates if the shelter included dogs. The hold harmless clause ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 6 of 7 was in place so the Temple and Church could defend the claim and cover costs. Barbie Breneiser/1128 Old Hwy 99 South/Explained she volunteered at the Presbyterian Church shelter for the past five years. The Presbyterian shelter welcomed dogs from day one, never had issues with dogs except for occasional accidents. Because the shelter welcomed dogs, they had more guests. Council noted concern regarding liability. The liability to a city was considerably different from a faith agency. Other concerns were feasibility, compatibility for people who do not do well with dogs, pets other than dogs, and volunteer burnout. Finally, the proposal did not appear to have gone through RVUUF or Temple Emek Shalom for approval. Councilor Voisin/Rosenthal m/s to approve a resolution titled, "A Resolution authorizing the City of Ashland to provide a city building for a winter shelter one night per week though April, 2013, and repealing Resolution No. 2013-01," on the condition that Unitarian Universalists and Temple Emek Shalom agree to the conditions. DISCUSSION: Councilor Voisin stated the volunteers' testimony convinced her. The proposal clearly covered any risk in regard of a pet attacking another pet or an individual and alleviated liability. Councilor Rosenthal noted Council voted to provide a service to the community and prohibiting pets limited that service. It did not appear to be that much more of a risk than other events sponsored by the City and thought the City should try it and gather hard data. City Attorney Dave Lohman addressed issues in the proposal regarding insurance deductibles. The City had a yearly $10,000 deductible for property damage and a $50,000 deductible for personal injury. Another issue was the hold harmless clause that would cover defense costs in a lawsuit. Both faith agencies' insurance policies would cover the City although he had not seen those policies yet. Councilor Marsh thought it unlikely they would hear from the faith agencies before March and the shelter ended in April. She did not think there was enough to be gained by pushing the issue and would oppose the motion. She suggested a compromise that when temperatures dropped to 20 degrees or below and threatened life on the streets, the City bend the rules and allow pets for the health and safety of citizens. Councilor Slattery agreed with Councilor Marsh. He thought eventually they could accommodate the request but it was unclear how at this time. He wanted to know the process and documentation for vaccinating pets. The Council was in charge of the fiduciary responsibilities of the City and allowing animals not vaccinated into a public building was a huge liability issue. He was willing to listen, wanted the shelter to be successful, but was not convinced the City was where it should be to allow pets. Councilor Lemhouse explained the City represented the entire community and could not put it in a position of liability. He had issues with the proposal. Section 3 Shelter Policies would modify language that deleted pets and weapons. The proposal also cited information determined factually incorrect by City staff. Under Risk, the proposal editorialized against the Council and was inappropriate. Receiving new information the day of the meeting was not the way to conduct business. He wanted hard data too but later when processes were set up better. He was also concerned with over burdening volunteers. Councilor Morris would not support the motion. He appreciated Councilor Marsh's idea and thought the shelter would eventually allow pets but the City was not there yet and the proposal was not complete along those lines. The resolution expired in April and that was a better time to review it for the following year and come up with a suitable compromise. Mayor Stromberg observed the relationship some of the homeless had with their dogs was unusual and the odds were low dogs caused problems in shelters. However, the shelter was on city property and that made it difficult. The City had deep pockets, was highly regulated with a lot of exposure. It was ASHLAND CITY COUNCIL MEETING February 19, 2013 Page 7 of 7 interesting to know what went on in the private shelters but that did not necessarily transfer. Council had identified remaining issues and other factors that needed attention before going forward. Roll Call Vote: Councilor Voisin and Rosenthal, YES; Marsh, Slattery, Lemhouse, and Morris, NO. Motion failed 2-4. Councilor Marsh/Slattery m/s to amend the emergency shelter policy to allow pets to come into an emergency shelter when the temperature is 20 degrees or lower. DISCUSSION: City Administrator Dave Kanner suggested staff bring back a draft resolution repealing the emergency shelter resolution. Councilor Slattery wanted the resolution well thought out with documents to Council in time to answer questions regarding vaccination, crating, and clean up. Councilor Marsh thought this was an alternative in terms of severe weather. The emergency shelter only opened for extreme circumstances and thought Council was morally responsible for reaching beyond comfort levels. Councilor Lemhouse would support the motion. Since it was an emergency shelter, it loosened the rules and wanted to know how it would affect liability. Roll Call Vote: Councilor Marsh, Voisin, Rosenthal, Slattery, Lemhouse, and Morris, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 9:41 p.m. Barbara Christensen, City Recorder Jo Strom erg, Mayor RESOLUTION NO. 2013-D A RESOLUTION SETTING FORTH POLICIES AND CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE EXTREME WEATHER RELATED EMERGENCY SHELTER HOUSING AND REPEALING RESOLUTION NO. 2007-11 RECITALS: A. Ashland is located in an area that has four distinct seasons, and the winter season can have weather extremes that can be hazardous to persons without adequate shelter. B. The City of Ashland desires to set forth the conditions under which it will provide emergency shelter housing and the policies related to those staffing or utilizing such emergency shelter. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of Emergency Shelter. Ashland will provide emergency shelter under the terms and conditions set forth herein during times of extreme weather conditions. For purposes herein, weather conditions shall be considered extreme when outside temperatures are 20° F or below or a combination of weather conditions, in the discretion of the City Administrator, make conditions hazardous to human life without adequate shelter. SECTION 2. Terms and Conditions. 1) In the event of the need for an emergency shelter during extreme weather, an available city- owned building such as the Grove or Pioneer Hall may be used. Previously booked groups in those locations may be subject to cancellation. 2) The shelter will be staffed by volunteers from nonprofit organizations or other organizations in the business of providing for the needs of persons. The city's insurance company requires organizations providing volunteers to provide a letter to the City of Ashland stating that all shelter volunteers have received appropriate training to staff a shelter and have passed criminal background checks. 3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after 9:00 p.m. will not be admitted unless brought to the shelter by a police officer. Guests must vacate the shelter no later than 8:00 a.m. the following morning. 4) Shelters must have separate restrooms for men and women and separate sleeping spaces for single men, for single women and for families. Children must not be left alone in the shelter, and signage must be conspicuously displayed to remind guests and volunteers of this requirement. Resolution No. 2013- Page 1 of 3 5) The shelter must contain an emergency box with a first aid kit. Shelter volunteers should bring their own cell phones in case of emergency. SECTION 3. Emergency Shelter Activation. Provisions for emergency shelter will be activated as follows: 1) When the City Administrator or designee determines that weather conditions are or are likely to become "extreme," he/she will contact the City's CERT Coordinator. 2) The CERT Coordinator will contact the Parks and Recreation to determine which facility or facilities will be used as an emergency shelter. 3) The CERT Coordinator will contact designated representatives from volunteer organizations to arrange for staff volunteers at the shelter. 4) Volunteers and guests are responsible for following the same cleaning requirements as other groups. SECTION 4. Emergency Shelter Policies. Operation of the emergency shelters shall, to the greatest extent feasible, comply with the following policy guidelines: 1) Shelter services must be provided with dignity, care, and concern for the individuals involved. 2) The buildings used as shelter must be maintained in a safe and sanitary condition at all times and must comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies.. 3) In all Shelters, there should be adequate separation of families and singles, and adequate separation of single women. 4) No drugs, alcohol, or weapons will be allowed in shelter property at any time. 5) No disorderly conduct will be tolerated. 6) No threatening or abusive language will be tolerated. 7) No excessive noise will be tolerated, e.g. loud radios etc. 8) Smoking will be restricted to the outdoors in designated areas. 9) Guests should maintain their own areas in an orderly condition and may be assigned other responsibilities or tasks at the shelter. Resolution No. 2013- Page 2 .of 3 SECTION 5. Dogs Dogs may be permitted in an emergency shelter under the following circumstances: 1) Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. 2) Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. 3) If taken outside for biological needs, dogs must be leashed. 4) Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. 5) Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. 6) Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. 7) Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 6. Resolution No. 2007-11 is hereby repealed. SECTION 7. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of 2013, takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED, and APPROVED this 0/~ day of 2012. IL o Stromberg, Mayor Rev' we as to form: J David H. man, City Attorney Resolution No. 2013- Page 3 of 3