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2014-0218 Council Agenda PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 18, 2014 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 February 3, 2014 2. Business Meeting of February 4, 2014 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Transportation Commission VII. CONSENT AGENDA 1. Acceptance of commission minutes 2. Approval of a liquor license application for Elijah Katkin dba Brick Room, LLC 3. Approval of a liquor license application for Lorenzo Mussell dba Evo's 4. Special procurement for worker's compensation third party administrative services 5. Request for extension and increase in contract of special procurement for boundary survey work on the Calle Guanajuato 6. Approval of sole source procurement of two public contracts with Hunter Communications for data and radio fiber optic network services 7. Ashland Fire & Rescue's 2013 Annual Report 8. Mayor's appointments to the ad hoc Committee on Downtown Beautification and Improvements 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)) COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 1. Public Hearing and first reading of and ordinance titled, "An ordinance modifying the Verde Village Subdivision's Development Agreement to clarify project phasing and make clear which improvements are required with each phase and allow either phase to occur first; to change the energy efficiency requirements for the development so that all units will be constructed to at least Earth Advantage Gold Standards and will be photovoltaic ready; and to change the landscaping requirements associated with construction of the multi-use path" 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 1. Request for a boundary line adjustment at the corner of 511 Clinton and 625 N. Mountain Avenue 2. Approval of an emergency procurement for engineering services for the Talent Ashland Phoenix Pipeline Intertie project 3. Addendum clarifying Mt. Ashland Association Agreement XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 2: Rules of City Council; Uniform Policies and Operating Procedures for Advisory Commissions and Boards; Recreation Commission; Conservation Commission; and Certain Administrative and Operating Departments" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING CITY COUNCIL STUDY SESSION (starting after end of regular meeting) February 18, 2014 Council Chambers, 1175 E. Main Street 1. Review, discussion and Council direction to staff regarding an ordinance or ordinances relating to the open carry of weapons and minor's access to weapons 2. Adjournment of Study Session In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US Minutes for the City Council Study Session January 6, 2014 Pagel of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, February 3, 2014 Council Chambers, 1175 East Main Street Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. Mayor Stromberg moved agenda item #3. Discussion of an ordinance prohibiting the unlawful carrying of loaded firearms in public places and an ordinance to prohibit endangering a child by allowing access to a firearm to agenda item #2 with Council consent. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Discussion of an ordinance prohibiting the unlawful carrying of loaded firearms in public places and an ordinance to prohibit endangering a child by allowing access to a firearm (Request of Councilor Voisin) City Attorney Dave Lohman clarified he would not address policy issues but provide legal interpretation of the two proposed ordinances regarding language. In addition, he would outline legal and fiscal consequences if the ordinances passed. His presentation began with two issues and included legal language: • Regulating loaded firearms in public places • Proscribing unpermitted access to firearms by minors In Oregon, there were three limitations to take into consideration regarding gun control legislation, the Second Amendment from the U.S. Constitution, Article 1, Section 27 of the Oregon Constitution, and ORS 166.170 State Preemption. • SECOND AMENDMENT U.S. CONSTITUTION • SECOND AMENDMENT CASE LAW • ARTICLE 1, SECTION 27 OREGON CONSTITUTION - This article was more protective than the Second Amendment and clearly referred to the right of self-defense. The second amendment referred to militia with many interpreting it to include the right of self-defense. Per the recent case in Portland, an ordinance that did regulate loaded open carry could be valid under certain circumstances. • ARTICLE I, SECTION 27 CASE LAW • ORS 166.170 STATE PREEMPTION • ORS 166.173 AUTHORITY OF CITY OR COUNTY TO REGULATE POSSESSION OF LOADED FIREARMS IN PUBLIC PLACES • ORS 166.173 CASE LAW - The Oregon court interpreted public places to include the interior of motor vehicles in public places. • OPEN CARRY, LOADED FIREARMS SECTION 1B: - QUESTION: Is proposed provision sufficiently like Portland's to likewise pass federal and state constitutional scrutiny? - The proposed ordinance was not the same as the City of Portland regarding loaded weapons in a public place. Oregon courts upheld that ordinance, Mr. Lohman was not sure it would uphold the version before Council. • OPEN CARRY, LOADED FIREARMS SECTION IC - QUESTION: Does authority to regulate "loaded firearms" include bullets in unattached clip and magazine as well as chamber and cylinder? The ordinance would forbid carrying an unloaded weapon and a clip or magazine that went with the weapon. This posed the question of how the statutory preemption would apply to that circumstance. The term "reckless" was well defined and referred to the state of mind where an individual knew they were doing something contrary to an ordinance and did it anyway. In the case that challenged Portland, the word Minutes for the City Council Study Session January 6, 2014 Page 2 of 4 "recklessly" was critical because it required a state of mind to prove the individual was violent. The law based the term "reckless" on the reasonable person standard. • OPEN CARRY, LOADED FIREARMS SECTION 1D • OPEN CARRY, LOADED FIREARMS SECTION 1E - QUESTION: Is inspection absent "reasonable suspicion" inherent in authority to ban loaded open carry or is it a 4°i Amendment violation? Mr. Lohman addressed police officers checking an individual for a license to carry a concealed weapon when there was no indication they were not carrying a license. One side would argue there was an inherent right to check in the non-preempted ability to ban the open carry of loaded weapons. The other side would refer to the Fourth Amendment that an officer could not stop and inspect someone in the absence of reasonable suspicion that a crime was about to be committed. There was a possible argument that carrying a weapon, even an unloaded weapon, involved a risk that a crime might be committed. Alternately, per state law it was lawful to carry a firearm. There was a strong chance that someone arrested, tried, and convicted based on inspection would challenge it in court. • CHILD ACCESS TO GUNS - QUESTION: Is preventing unpermitted child access to guns a preempted gun storage requirement or just an allowable child supervision requirement? State statute ORS 163.195 Reckless Endangerment of a Person, would go towards a provision like Child Access to Guns but was not as extensive. The proposed ordinance would make it easier to convict someone than the statute of reckless endangerment. From the perspective of unintended litigation costs, if the City enforced either ordinance, it would most likely encounter a challenge and be appealed. The ordinances the City of Portland approved in general had the four elements Council was discussing. In the three years since enacted, the only challenge incurred was the open carry of a loaded weapon the court upheld. The provisions concerning inspection and ammunition had not been enforced to date. Additionally, the City of Portland's child access ordinance had not been enforced or challenged yet, nor had the eleven cities with similar ordinances. Ashland had a municipal court and not a court of record. A court of record recorded proceedings and could be challenged on appeal. In municipal court, if someone were found guilty and wanted to challenge a guilty decision, he or she could bring it to circuit court and have it tried anew. A municipal court decision was not binding in circuit court. If Mr. Lohman rewrote both ordinances, he would replicate the City of Portland's since the ban of loaded open carry was upheld. However, inspection and ammunition was an unknown. He could write the ordinance to be less subject to challenge but doubted it could be written in a manner that would make it not subject to challenge. Litigation costs to the City if challenged in circuit court could start at $150,000 and go from there depending if appeals went before the Oregon Supreme Court or the U.S. Supreme Court. Police Chief Holderness addressed enforcement and explained the police could not stop someone without reasonable suspicion. The Chief would need to talk to the City of Portland regarding how they defined reasonable suspicion in relation to the ordinances. If an officer had a consensual encounter with an individual who refused to engage in discussion to establish probable cause or if someone was standing with a loaded rifle who would not respond, the officer could not take action. He went to explain California's state law regarding open carry and city ordinances prohibiting carrying loaded weapons within city limits. The proposed ordinances before Council were more community values than practical aspects in Ashland. In the past five years there were eleven crimes involving guns, two incidents where guns were fired during the course of a crime and nine instances where a gun was brandished but not drawn. Additionally the police had not encountered a crime involving open carry. Minutes for the City Council Study Session January 6, 2014 Page 3 of 4 In regards to the child access ordinance, Chief Holderness would have to work the City Attorney on how it differed from current endangerment laws. Mr. Lohman added Oregon did not have child endangerment acts but reckless endangerment of a person extended to children as well as another provision for neglect of a child under 10 years old that also might apply. The proposed language would allow a lower threshold but would raise questions about the preemption statute. Chief Holderness explained municipal court punished people through fines orjail time. If an individual could not pay the fine, it might not have much impact and depended on the nature of the person violating the law and their interest in maintaining a good line of credit. Councilor Voisin explained the two ordinances would enhance public safety, protect children, and not take guns from law-abiding citizens. Citizens brought the ordinances forward modeled on the language the City of Portland used. The ordinances also applied to the Council goal of Public Safety. The child access ordinance would prohibit endangering a child by prohibiting unsupervised access to a firearm. The ordinance regarding loaded firearms made the assumption that until it was proven that open carry of loaded weapons could possibly lead to a better, safer, and peaceful community, a ban on loaded open carry was in the best interest of public safety and the community. She went on to read a letter from Newtown CT that spoke of the need to establish a balance respecting gun owner's rights while still working to ensure the safety of the community as a whole. She noted there were statistics to back the ban on loaded open carry and the ordinances were precautionary. Mr. Lohman explained Council had five options regarding the ordinances. The first option was do nothing, the second, pass the ordinances as written. The third option would have staff come back with language that might withstand judicial scrutiny the best and accomplish as much as possible in the draft ordinances. The fourth option would refer the ordinances to the voters as a ballot measure. The fifth option would refer an advisory ballot measure to the voters asking whether an ordinance along these lines was something citizens wanted. Council majority supported option three with staff doing additional research to make the ordinances the most defensible and provide statistics indicating the success of similar ordinances. The Police Chief would contact other cities regarding enforcement. Staff would bring that information and draft ordinances to a regular meeting that would allow public input. Staff would also include information on adding the ordinances or an advisory to a future ballot for the voters to decide. 3. Discussion of granting a conservation easement on Imperatrice Property (Request of Councilor Lemhouse) City Administrator Dave Kanner explained the four major cons to having a conservation easement: • It is very difficult to terminate the easement. It is effectively permanent. • The easement may reduce future value and salability of the property. Should the City wish to sell the property in the future, the easement, including all its restrictions and requirements remains in place. • Future uses of the property must be thought through, identified, and listed as authorized uses on the easement. • The City would be legally liable for uses of the property that are inconsistent with the terms and conditions of the easement while we own the property. Standing Stone Brewery leased a portion of the Imperatrice property and could be included as an exception. Mr. Kanner recommended granting trail easements initiated in 2005. He clarified the conservation easement would not provide tax breaks for the City. Nor would it necessarily damage the value of the property. The assessed value of the property was based on current allowable uses. The land was zoned EFU (Exclusive Farm Use). There were no irrigation rights above the ditch but the property could be used for grazing. EFU allowed one house per 40 acres. Potential damage to property value depended on future allowable uses. Minutes for the City Council Study Session January 6, 2014 Page 4 of 4 Council comments thought it should remain ,EFU. Other comments noted one reason no action was taken previously was Council did not want to bind future Councils. Mr. Kanner clarified the City did not manage the property other than a lease agreement with Standing Stone Brewery through the Public Works Department. The City purchased the property to land spread sewage effluent and stopped due to opposition from neighbors. The Parks and Recreation Department could possibly manage the property if trail easements were established. The Southern Oregon Land Conservancy (SOLC) would manage the conservation easement. Council wanted to ensure the lease with Standing Stone Brewery remained an allowable use. Mr. Kanner clarified the lease was currently an allowed use in an EFU zone. Councilor Voisin left the meeting at 7:00 p.m. Council discussed adding the conservation easement to goal setting or forwarding it to the Conservation Commission to develop a list of allowable uses. Three councilors supported adding the easement to goal setting and two favored forwarding it to the Conservation Commission. Another suggestion was an initial discussion during goal setting then forwarding it to the Conservation Commission. SOLC Board of Directors President Pat Acklin explained the SOLC did not make easements that violated county zoning and negotiated easements with the property owners. The SOLC monitored properties once a year to ensure conservation values in the easement were met. Additionally, the SOLC did not operate Parks and Recreation facilities. Staff would start developing trail easements on the property. Meeting adjourned at 7:15 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Regular City Council Meeting February 4, 2014 Page I of 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 4, 2014 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 Tree, Public Arts, and Firewise Commissions, and the Band Board. The City was conducting a parking survey and the Mayor encouraged all citizens to participate. APPROVAL OF MINUTES The minutes of the Business Meeting of January 21, 2014 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - None CONSENT AGENDA 1. Acceptance of commission minutes 2. Appointment of Keith Whitman to the Forest Lands Commission 3. Appointment of Lynn Thompson to the Planning Commission 4. Report on City of Ashland's Sweatfree Purchasing Policy, program, and participation in the Sweatfree Purchasing Consortium 5. Approval of a liquor license application for Ryan Bottano dba Granit Taphouse, LLC 6. System Development Charge Review Committee appointments Mayor Stromberg pulled Consent Agenda item #3 for further discussion. Lynn Thompson/125 North Main Street/Due to her potential appointment to the Planning Commission, Ms. Thompson felt obliged to provide information on a land use matter regarding building a carport cover on her property. Councilor Lemhouse/Slattery m/s to appoint Lynn Thompson to the Planning Commission. DISCUSSION: Councilor Lemhouse and Slattery appreciated Ms. Thompson coming forward and thanked her for her service. Councilor Marsh thought this was the kind of experience people had and it was valuable when someone was in that decision making mode to understand how the City communicated what the requirements were and how they are able to meet those requirements. Voice Vote: all AYES. Motion passed. Councilor Voisin/Morris m/s to approve remaining Consent Agenda items. Voice Vote: all AYES. Motion passed. City Recorder Barbara Christensen and Council discussed noticing the current vacancy on the Budget Committee. Council consensus directed Ms. Christensen to advertise the position and bring applications for appointment to the second meeting in March or the first meeting in April. PUBLIC HEARINGS - None Regular City Council Meeting February 4, 2014 Page 2 of 5 PUBLIC FORUM Jonny Boulton/165 East Main Street/introduced a new public concern group Citizens for a Really Safe Ashland that represented over 30 Ashland residents. The group drafted a public safety ordinance that would not address any genuine or legitimate issues and served to promote a divisive and partisan agenda. The proposed ordinance would regulate the public visibility of and seek to punish those that allowed minors access to the following potentially dangerous and scary items, knives, chainsaws, power tools, hammers, ladders, bathtubs, car keys, alcohol, prescription and non-prescription medication. He hoped Council appreciated the genuine concerns that Citizens for a Really Safe Ashland brought before them and reminded Council they were bound primarily to uphold the constitutions. Bill Skillman/635 Oak Knoll Drive/The proposed gun ordinances were a first step in stricter gun control. His understanding of the proposed ordinance would prohibit him from carrying ammunition for his weapon. The ordinance would penalize law-abiding citizens and their ability to protect themselves when they were in public or possibly protect others around them. He strongly urged Council to vote against more regulation than what was already established. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Second Quarter Financial Report for year one of the 2013-2015 Biennium Administrative Services Director Lee Tuneberg explained they received notification from the Government Finance Officers Association that the biennium budget document submitted by the City met the standards. Councilor Rosenthal/Slattery m/s to accept the Second Quarter Financial Report for Fiscal Year 2013-2014. Voice Vote: all AYES. Motion passed. 2. Presentation regarding drought preparedness Public Works Director Mike Faught explained there was sufficient water supply with 3,600,000 gallons coming through the east and west forks of Ashland Creek into Reeder Reservoir and a demand of 1,300,000 gallons. The concern was the future and lack of snowpack. May 1, 2014 would determine further steps. The City had Ashland Municipal Code 14.06 Water Curtailment and the Water Master Plan that identified projects and steps to increase water supply during drought situations. Snowpack levels needed to be 60 inches by May I, 2014 to avoid water shortage issues. Staff would check snowpack and the flow from the east and west forks of Ashland Creek to determine if it was meeting the demand on Reeder Reservoir. If there was a water shortage, the City Administrator could enact the water curtailment plan with Council approval. The first step was adding TID (Talent Irrigation District) water. If TID was not sufficient to keep up with demand, the next step was voluntary curtailment. If voluntary curtailment was not enough the City Administrator could add a water waste prohibition that prohibited water running into the streets, washing sidewalks, walkways, cars and restaurants serving water only if requested by the customer. At each stage, staff would look at the demand and drawdown curve. If Ashland exceeded demand, the City could implement Stage 1 of the Ashland Municipal Code Chapter 14.06 Water Curtailment and reduce residential allocations to 3,600 cubic feet or 26,930 gallons. Stage 2 dropped to 2,500 cubic feet or 18,000 gallons, Stage 3 was 1,800 cubic feet at 13,000 gallons and Stage 4, 900 cubic feet at 6,700 gallons. Stages 1-3 had a special rate for water used above the allotment where the City would charge four times the current rate. For Stage 4 usage above the allocation, the City would charge 10 times the current rate. Regular City Council Meeting February 4, 2014 Page 3 of 5 In addition to the curtailment code, the TAP line (Talent Ashland Phoenix) is currently scheduled for 2015 construction. Because it was in a biennial budget, the City could move forward and build that sooner. Staff would come to the next Council meeting to ask for an emergency procurement approval to hire engineers to move forward on design with possible installation August or September. Staff was also working with the Medford Water Commission on contracts for the system development charges and anticipated a proposal for Council at the March 4, 2014 meeting. Conservation Specialist Julie Smitherman reiterated there was no current crisis regarding water supply. Going into the summer months, she suggested people avoid watering too early in the season. Residents could test their soil with a moisture meter to see if it needed any water. The City offered an Irrigation Evaluation program for customers that would provide them with a customized watering schedule and reduce water usage from 20%-50%. In addition, the City had a water wise landscaping website and provided water moisture meters for interested customers. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 6.04, Business Licenses" Councilor Lemhouse/Morris m/s to approve Ordinance #3091. DISCUSSION: Councilor Lemhouse thought it was appropriate to have but wanted to separate it from medical marijuana dispensaries. The change occurred because it conflicted with how the City did business. Roll Call Vote: Councilor Rosenthal, Voisin, Marsh, Slattery, Lemhouse, and Morris, YES. Motion passed. 2. First Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 6.36, Film and Television Productions" Management Analyst Ann Seltzer explained the revised ordinance was modeled partially on the Oregon Governors office on Film and Television. It expanded definitions to include charitable films, news media, classes, and studio filming. The permit submittal requirement would change from 5 days prior to production to 10 days. If the production triggered the need for a special event permit, the application needed to be submitted four weeks in advance or pay a rush fee. The ordinance would add a new paragraph that clarified additional fees for other services as required. Liability insurance would increase to $2,000,000 and include Workers Compensation insurance and indemnification. Filming regulation had new language that covered a range of the City's expectations and requirements including clean up, sanitation, traffic control and others. Additional suggestions from staff included changing Section 6.36.040 Permit Requirements (C) Permit Exemptions (2) Family Video to Personal Video and Section 6.36.040 Permit Requirements (D) Fee Exemptions (3) would require a permit for filming on private property with no fee charged to manage code restrictions in residential neighborhoods. City Attorney Dave Lohman explained the noise ordinance also required permits and violation could entail a fine. Filming could cause a lot of disruption without a lot of noise. The provision was not prohibitive. Ms. Seltzer clarified the ordinance would not pertain to filming at Southern Oregon University (SOU) and suggested adding language that specified the exemption. Under Section 6.36.080 Liability Issues Liability Insurance and the $2,000,000 requirement, Mr. Lohman suggested possibly editing the language to require the applicant show proof of insurance coverage in an amount to be determined by the City Administrator. Council had issues with Section 6.36.090 Filming Regulations (B) Clean Up regarding clean up of private property as well as potential permit issues for multiple students filming for a class. Staff could Regular City Council Meeting February 4, 2014 Page 4 of 5 change the requirement and have the leader of a class project obtain the permits instead. Council suggested having various thresholds drive permits and wanted staff to look into the Special Permit process to see what might apply to the proposed ordinance. City Administrator Dave Kanner suggested changing Section 6.36.040 Permit Requirements (C) Permit Exemptions (2) to read Personal or Student Produced Educational Video for Private or Non- Profit Use. He also suggested moving Section 6.36.040 Permit Requirements (D) Fee Exemptions (2) to Permit Exemptions and add "classes in audio visual related work including student non- commercial or teaching productions when such works occurs on public or private primary, secondary or college property," as well as adding a separate section to 6.36.040 Permit Requirements that addressed filming on private property. Anne Lundgren/325 Ravenwood Place/Explained she was a filmmaker and business owner in Ashland. She suggested having the four-hour cleanup requirement occur after wrap time when the permit was over. Additionally, the 10-day permit requirement would work with large productions but not as well for smaller productions. She also suggested making the definitions broader with a distinction between public and private property. Erik Palmer/111 Willamette Boulevard, Medford OR/introduced himself as a professor at Southern Oregon University (SOU), and the Academic Coordinator for Southern Oregon Digital Media Center but spoke unofficially. Even with a fee waiver, student and public access producers having to apply for permits 10 days ahead and the increase in insurance presented a burden for small productions. He hoped they could work together with the City on a set of revisions that preserved the flexibility for small non- profit educational public access productions. He suggested a cap on crew size and considering academic and public access productions more like the journalism exceptions written into the existing regulation and less like the commercial productions. Gary Kout/425 Clinton Street/Explained he was the executive director and founder of the Southern Oregon Film and Television (SOFAT). He agreed with earlier testimony regarding permits and liability. He noted Santa Monica CA had stringent permit requirements with the exception that productions entirely on private property did not require a permit. He addressed educational films and thought it unlikely that filming activity would pose any potential problems in the public sector. The increase in insurance was substantial. Councilor Lemhouse/Marsh m/s that the ordinance amending AMC Chapter 6.36 Film and Television Productions apply to commercial film and television productions that take place on public or city property. DISCUSSION: Councilor Lemhouse was concerned regarding private property rights and making the ordinance unable to enforce. Adding language that stated although non- commercial filming was not held to the ordinance they were held to the municipal code would help the 10-day permit requirement. Councilor Marsh noted her concern about the inclusion of charitable and student films in the permit requirement. The ordinance should focus on larger productions that had a greater impact on the community. She suggested adding criteria to the ordinance that would trigger the requirement of a permit and used crew size, street closures, amplified music, or sound systems as examples. The ordinance could read these productions are not required to get a permit unless they met one of the following criteria. Councilor Rosenthal supported the distinction of public and private property. He suggested staff do additional work on the ordinance and it bring back to Council at a future meeting. Councilor Slattery agreed with Councilor Rosenthal that the ordinance required further work and wanted SOU film crews covered. Councilor Morris also agreed with Councilor Rosenthal. The City was trying to regulate technology using the old system. The other issue was the ordinance might be too complex. Councilor Regular City Council Meeting February 4, 2014 Page 5 of 5 Voisin also agreed the ordinance needed further work. Councilor Lemhouse supported Council and reiterated the concern of over regulating the ordinance. Roll Call Vote: Councilor Lemhouse, YES; Councilor Voisin, Marsh, Rosenthal, Slattery, and Morris, NO. Motion denied 1-5. Council directed staff to revise the ordinance and bring it back to a future meeting. Suggestions and changes included private property, commercial activity, liability insurance, over defining non-commercial activities, students, small productions, scaled commercial, and the broadness of the inclusion of charitable and students. Other suggestions wanted 3-5 distinctive types of productions defined with specific rules and regulations. Additionally, Council wanted staff to address whether to include stilled photography productions. Mr. Lohman noted the proposed ordinance was similar to other cities and the changes requested could take considerable staff time. He clarified the $2,000,000 for liability insurance was standard, staff could add some flexibility, but insurance could have a significant impact on the taxpayers. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin invited everyone to the opening of the Ashland Community Resource Center at 570 Clover Lane Thursday February 6, 2014. Councilor Marsh added they would also demonstrate the new shower trailer as well. ADJOURNMENT Meeting adjourned at 9:09 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ASHLAND HISTORIC COMMISSION Meeting Minutes January 8, 2014 Community Development/Engineering Services Building -51 Winburn Way - Siskiyou Room Call To Order - Regular Meeting, 6:02 Rm Chairman Skibby Historic Commissioners Present: Dale Shostrom, Allison Renwick; Kerry Kencairn, Sam Whitford, Tom Giordano, Terry Skibby, Ally Phelps, Victoria Law Commission Members Absent: Keith Swink (e) Council Liaison: Greg Lemhouse absent High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Staff Liaison: Amy Gunter, Clerk: Billie Boswell APPROVAL OF MINUTES: Mr. Whitford made a motion to approve the minutes of the December 4, 2013 meeting, Mr. Shostrom seconded the motion. Ms. Kencairn and Ms. Renwick abstained due to being absent. The minutes were approved unanimously by the remaining Commissioners. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: None PUBLIC HEARING: Chairman Skibby changed the order of the Public Hearings to allow those applicants present to present first. PA2013-01828 310 Oak Street Sylvia and Brent Thompson Chairman Skibby confirmed there was no exparte contact or conflict of interest. Ms. Gunter explained that the owners want to construct two new residential units upstairs in a commercial building. She pointed out that some of the upper windows would be changed. There were no questions of staff. Brent Thompson described how the windows were being changed. Mr. Shoslrom questioned the trim and Mr. Thompson said it would match the trim on the existing windows. There being no further questions of the applicant and no one in the audience wishing to speak, the Public Hearing was closed. Mr. Shostrom moved to recommend approval with the condition that the new windows and trim shall match the existing windows and trim on the Oak Street frontage. Ms. Phelps seconded the motion and it passed unanimously. PA-2013-01829 60 Alida Street Micah & Greta Lieberman Chairman Skibby confirmed there was no exparte contact or conflict of interest. Ms. Gunter said the owners were planning to build a 2-vehicle garage with a living unit above. She explained that houses along Alicia Street have a very eclectic style. The Liebermans said that the second story unit would be set back from the garage and oriented toward Morse Street. Ms. Kencaim asked about the overhang design. Mr. Lieberman said the cantilever will provide protection to the barn door below, create more square footage in the living unit, and break up the design of the wall. Mr. Shostrom questioned the different size siding and Chairman Skibby pointed out that double-hung windows were more appropriate. The patio door was also discussed and it was recommended that it be a hinged door instead of sliders. Mr. Shostrom suggested the corrugated metal extend around the corner to the upper wall line and the board and bat siding extend around to the west side. He also mentioned the awning was not centered. There being no further questions of the applicant, Chairman Skibby opened the meeting to those in the audience for comment. Mr. Brent Thompson said he appreciated the thoroughness of the Historic Commission review. Chairman Skibby closed the public hearing. Mr. Whitford felt the project would be an upgrade to the neighborhood. Mr. Shostrom didn't care for the rusted metal as a contrast to the white paint as planned. Mr. Whitford made a motion to recommend approval of the proposed plans with the following recommendations: 1) 1 X 6 smooth Hardi-Plank with corner boards shall be used. 2) Raw, corrugated metal shall be extended around the south elevation and extended to be even with the wall of the upper floor above. 3) Board and Bat siding, 12-inches on center shall be utilized throughout including the west elevation, lower floor. 4) Wood, store-front style (hinged) door(s) shall be used instead of sliders on the east elevation. Ms. Phelps seconded the motion and it was approved unanimously. PA-2013-01781 373 Vista Street David Michael Owen Chairman Skibby confirmed there was no exparte contact or conflict of interest. Ms. Gunter stated the owners wanted to add an Accessory residential unit below their existing house. This means they will need to move the existing front porch to the center of the front of the house. The Public Hearing was opened but there being no one in the audience to speak, the public hearing was closed. Discussion followed but the plans were lacking detail and there were several inconsistencies that caused confusion on what was being done. Since there was no one in attendance to represent the project, Mr. Shostrom made a motion to recommend continuance of the proposed action to allow for the following concerns to be addressed.: 1) Important details missing from the plans, i.e. dimensions on window sizes, trim. 2) Findings state roof to be hipped, drawings do not show a hipped roof 3) Roof plan does not show porch. 4) Siding dimensions inconsistent. New siding shall match reveal of existing siding. 5) The style of the porch should remain the same and not change to a craftsman style (closed in). Use the turned post railings. 6) Windows should be double-hung and not horizontal. Mr. Giordano seconded the motion and it passed unanimously. PA-2013-01900 35 Bush St/157 N Main St Russ and Erin Page Chairman Skibby confirmed there was no exparte contact or conflict of interest. Ms. Gunter explained that there has been a Traveler's Accommodation for 4 years and they are now making it legal. There are no changes to the property and parking is sufficient. There being no one in the audience and the applicant not present, the public hearing was cancelled. Ms. Kencairn made a motion to approve the Planning Action as presented. Ms. Renwick seconded the motion and it passed unanimously. DISCUSSION ITEMS: A. CLG Grant - Ms. Gunter explained that she will apply for the next grant to promote Historic Preservation as a Green Building tool. A consultant would be hired to identify economic benefits to addressing the specifics of items currently not requiring a permit such as siding, roofing, windows, etc. They would also develop operating procedures for the Historic Review Board to follow to show the environmentally economical dollars and cents of choices for each option. The application is due mid-February. B. Victoria Law volunteered to attend the Oregon Heritage Conference April 23-25, 2014 in Albany Oregon. NEW BUSINESS: A. Review Board Schedule January 9" Keith, Ally, Victoria January 16th Dale, Allison January 23rd Kerry, Terry, Victoria January 30th Terry, Tom & Sam February 61^ Kerry, Keith, All B. Project Assignments for Planning Actions: BD-2011-01029 400 Allison (Robin Biermann New SFR under construction Whitford/Renwick BD-2011-00621 89 Oak St Amorotico New fa ade on building under construction Shostrom BD-2013-00256 175 Lithia W First Place Partners 3-story mixed use building (under constr Giordano BD-2013-00378 245 Van Ness Nate Witembur & Brint Bor ilt Addition under constr Kencairn BD-2013-00718 5 B Street (Spartan Properties) New Comm Bldg under construction Phelps BD-2013-00796 15 N First Amuse Walk in Cooler under construction BD-2013-01363 370 E Main Staunton Front Fa ade under construction Shostrom PreA 19 Gresham / 374 Har adine No Submittal et Swink PA-2013-01388 14 Calle Guanajuato Sandlers Restaurant Renwick PA-2013-01421 270 N First St (Nisha Jackson New SFR Renwick PA-2013-01829 60 Alida St Micah & Greta Lieberman new garage & ARU Shostrom PA-2013-01828 310 Oak St Brent Thompson) 2 new Res units in Comm Bldg Shostrom ANNOUNCEMENTS & INFORMATIONAL ITEMS Victoria Law told of the Chinese New Year Celebration on January 31=' and the 1895 Year of the Horse History in the Playwright Pub at 6:30. Next meeting is scheduled for February 5, 2014, 6:00 pm. There being no other items to discuss, the meeting adjourned at 7:40 pm. Respectfully submitted by Billie Boswell. CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Liquor License Application for Elijah Katkin dba Brick Room, LLC FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Elijah Katkin dba Brick Room, LLC at 35 N Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a change in 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 license for Elijah Katkin dba Brick Room, LLC. ATTACHMENTS: None Page 1 of I CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Liquor License Application for Lorenzo Mussell dba Evo's FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Lorenzo Mussell dba Evo's at 376 East Main 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 license for Lorenzo Mussell dba Evo's ATTACHMENTS: None Page I of I CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Special Procurement for Worker's Compensation Third Party Administrative Services FROM' Tina Gray, Human Resources Manager, tina.g_rayna,ashland.or.us SUMMARY The existing three year contract with Tristar Risk Management/Human Resources for Worker's Compensation Third Party Administrator Services expires February 28, 2014. Staff is seeking approval of a "Contract-specific Special Procurement" to extend the contract with Tristar Risk Management for an additional two years for a maximum term of five years. Due to the complex nature of administering these types of claims, City staff recommends extending the existing contract with Tristar Risk Management, rather than seeking a new provider at this time. BACKGROUND AND POLICY IMPLICATIONS: A Request for Proposal was processed in October of 2010 and a contract was awarded to Tristar Risk Management in January of 2011 for a maximum term of three years. The current contract expires on February 28, 2014. The sourcing method referred to as a Special Procurement is the sourcing method used to seek an exemption from a competitive solicitation process and in this instance, directly award a two-year contract extension to Tristar Risk Management. Tristar has done an outstanding job for The City and given the complexity of Worker's Compensation administration and the staff burden created by having to bring a new third party administrator up to speed on City claims history, it is in the City's interest to continue its contracted relationship with Tristar Risk Management. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page 1 of 2 IAl, CITY OF ASHLAND (Additional information: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts.) FISCAL IMPLICATIONS: TriStar has proposed modest rate increases tied to the CPI as were included in the previous contract. Claim Rates: Current Indemnity rate: $1,017.66 Current Medical only rate: $160.68 Proposed Claim Rates: Indemnity rate: $1,053.28 (3.5% increase in-line with expiring contract provision). Increase of $35.62 per claim. Medical only rate: $166.30 (3.5% increase in-line with expiring contract provision). Increase of $5.62 per claim. Based on 2013 new claim volumes of 2 reported IND claims and 17 reported MO claims, the fee variance or additional cost is estimated at $166.78 for contract year 3-1-14 through 2-28-15. Current Index Bureau fees: $6.50 per claim Proposed Index Bureau fees: $8.75 per claim in-line with current business rates quoted to all TRI STAR customers. Based on 2013 new claim volumes of 19 total claims reported, the fee variance or additional cost is estimated at $42.75 (19 x $2.25). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract-specific Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement to extend the contract with Tristar Risk Management for Workers' Compensation TPA Services for two years. ATTACHMENTS: Special Procurement Request for Approval Form Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Tina Gray Date: February 18, 2014 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Human Resources 2. Department Contact Name: Tina Gray 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From March 1, 2014 To: February 28, 2016 5. Total Estimated Cost: Approximately $30,000 per year. (Actual cost is dependent on number of claims received by the City.) 6. Short title of the Procurement: Workers' Compensation - Third Party Administrative Services Supplies and/or Services or class of Supplies and/or Services to be acquired: Claims examination services to include: Review of all new workers' compensation claims, processing of claims with timely acceptance or denial based on applicable Oregon State Workers' Compensation law, processing of payments to injured work and medical providers timely, providing administrative maintenance of all claim files in accordance with legal standards, filing applicable reports with CMS and other agencies on behalf of the City in a timely manner, and responding to inquiries and corresponding with injured workers in a respectable manner. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement - Request for Approval, Page 1 of 4, 2111/2014 Background: An RFP was processed in October 2010 and a successful contract was awarded to Tristar Risk Management in January 2011 for a maximum term of three years. The current and final contract extension allowed under this RFP expires on February 28, 2014. Proposed procedure: Due to the complex nature administering these types of claims City staff is recommending the existing contract with Tristar Risk Management be extended for an additional two year term. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The sourcing method referred to as a Special Procurement is the sourcing method used to seek an exemption from a competitive solicitation process and in this instance, directly award a contract to a specific service provider. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The initial contract was awarded as a result of a formal competitive process. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement); and _X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: As a self-insured agency, the City pays all claim costs directly, including the administrative costs to manage claims. The last time the City moved from Health Future to Tristar, we did so because Health Future was going out-of-business. The Workers' Compensation TPA market has become less and less profitable and thus resulted in fewer TPA's in our geographic area. Tristar is one ofonly a few companies well-established on the west coast that is able to provide TPA services. While the City of Ashland is fortunate to have fairly low claim volume, it makes us less desirable for companies to bid on our business as a TPA. TriStar has extended modest rate increases because we are an existing client. Moving our business would likely result in higher per claim cost. Additionally, we would incur the cost of physically relocating hardcopy files and/or placing them in confidential storage and transferring electronic files to a new vendor. We would incur additional costs of mailing letters to applicable agencies, medical providers and injured workers (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or Form #9 - Special Procurement- Request for Approval, Page 2 of 4, 2/1112014 X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: There is a substantial burden of moving the Administration of our files due to all of the agencies that a TPA reports to on the City's behalf such as Medicare. TriStar has met our needs and worked hard to manage claims effectively on the City's behalf. Moving our administration to another vendor is time- consuming and causes substantial stress to any injured workers currently receiving time-loss benefits. There is also added burden on City Finance staff to close out and establish new banking relationships for TPA access for loss replenishment. Staff is recommending we retain TriStar for another contract period for the purpose of business continuity and efficient delivery of government services. (Please provide specific information that demonstrates how the proposed Special procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 3 of 4, 2/11/2014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval ofa Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval ofa Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [February 19, 2014, ifapproved by Council) PUBLIC NOTICE Approval of a Special Procurement First date of publication: [February 19, 2014, if approved by Council) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [February 18, 2014, if approved by Council]. This Contract- specific Special Procurement allows the existing 3 -year contract with Trislar Risk Management for Workers' Compensation Third Party Administrative Services to be extended for an additional two years. Dare to the complex nature of the claims process, staff has requested the existing contract be extendedfor an additional two years. The term for this contract extension will begin on March 1, 2014 and expire on February 28, 2016 It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 279B.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Tina Gray, Human Resources, 20 E. Main Street, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [February 26, 2014, ifposted on February 19, 2014]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 -Special Procurement -Request for Approval, Page 4 of 4, 2/11/2014 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Request for extension and increase in contract of Special Procurement for Boundary Survey Work on the Calle Guanajuato. FROM: Don Robertson, Director, Ashland Parks and Recreation, don.robertson@ashland.or.us SUMMARY This is a request for approval of an increase in Terra Survey's contract with the Parks Department in excess of 25% of the base amount. Terra Survey has been providing boundary survey, individual deed references and a field traverse around buildings along the Calle Guanajuato. Due to historic errors requiring correction, staff proposes to increase Terra Survey's scope of work and contract amount from $8,900 to $13,900. BACKGROUND AND POLICY IMPLICATIONS: The Calle Guanajuato Project is about halfway complete. Terra Survey is working with staff to complete a boundary survey. City Attorney and Parks and Recreation Staff have been using this boundary information to work through concerns with property owners. FISCAL IMPLICATIONS: Staff is requesting that the contract be extended to October 31, 2014 and that the total cost of the contract be increased to $13,900. The current contract is for $8900. Staff anticipates only spending an additional $2000 for the boundary adjustments but is requesting $5000 for any other boundary issues that may surface. The funds were budgeted in Biennium `14 in the Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the increase of $5000 and extension of the contract to October 31, 2014. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached request for extension and increase of the Terra Survey contract and approve the Special Procurement described therein. ATTACHMENTS: Special Procurement-Request for Approval (Written Findings) Contract Addendum Page I of I CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: 2-7-14 Subject: REQUEST TO INCREASE AND EXTEND CONTRACT- SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From February 26, 2014 To: October 31, 2014 5. Total Estimated Cost: $5000 (Current contract is $8900) Total Contract Not to exceeed $13.900 6. Short title of the Procurement: Increase amount of Special Procurement for Boundary Survey on the Calle Guanajuato Supplies and/or Services or class of Supplies and/or Services to be acquired: Terra Survey to provide a boundary survey, individual deed references and a field traverse around the buildings along the Calle Guanajuato. City Attorney along with Parks and Recreation staff are working with property owners to resolve any boundary line issues. Staff is requesting to increase the amount and extend the contract due to additional survey work as surveys revealed historic errors that need correction. Asking for amount to be increased by $5000 with a total not to exceed $13,900 and extend through October 31, 2014. Contract was previously approved by Council on 2/19/13. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 7/11/2014 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Terra survey is currently working on the Calle Guanajuato Project. Proposed procedure: Increase contract amount for Terra Survey from $8900 to $13,900. An increase of $5000. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Contract previously approved by council on 2/19/2013. Staff is requesting to increase contract by $5000 and extend through October 31, 2014. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 2796.065, or 279B.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 2/1112014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 2796.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - February 19, 2014 PUBLIC NOTICE Annroval of a Special Procurement First date of publication: [Enter date] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on if approved, February 19, 2014. Terra Survey to provide a boundary survey, individual deed references and afield traverse around the buildings along the Calle Guanajuato, in order for Parks and Recreation staff to work with property owners to resolve any boundary line issues prior to resurfacing the Calle Guanajuato this Fall 2013. Increase amount and extend the contract due to additional survey work as survevs revealed historic errors that need correction. Asking for amount to be increased by 5'5000 with a total not to exceed S13,900 and extend through October 31, 2014. Contract was previously approved by Council on 2119113. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 2796.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation,Rachel Dials, 340 S. Pioneer St. Ashland OR 97520. The seven (7) protest period will expire at 5:00pm on February 25, 2014 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 2/11/2014 ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000 Addendum made this 10 day of February 2014, between the City of Ashland ("City") and Terra Survey. Inc) ("Consultant'). Recitals: A. On March 4, 2013 City and Consultant entered into a "City of Ashland Contract for Personal Services Less than $35,000" (further referred to in this addendum as "the agreement'). B. The parties desire to amend the agreement to increase the compensation to be paid to Consultant and extend the date of the agreement. City and Consultant agree to amend the agreement in the following manner: 1. The maximum price as specified in Paragraph 4 of the agreement is increased up to $2000. 2. The agreement is extended through October 31, 2014. Except as modified above, the terms of the agreement shall remain in full force and effect. CONSULTANT: CITY OF ASHLAND: BY BY Department Head Its Date DATE Purchase Order # Acct. No.: (For City purposes only) 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR PERSONAL SERVICES CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Sole Source Procurements - Two Public Contracts with Hunter Communications for Data and Radio Fiber Optic Network Services FROM Terry Holderness, Police Chief, terry.holdemess@ashland.or.us Gail Rosenberg, Administrative Analyst, Rai l.rosenbergnashland.or.us SUMMARY The Ashland Police Department's existing dispatch system requires data and radio fiber optic network connections between the Ashland Police Department and the Medford Police Department's dispatch center. The data and radio network connections must be supported 24 hours a day and 7 days a week to support police operations. At this time Hunter Communications is the only known company that can provide and support these two network connections. The Ashland Police Department intends to enter into a 36 month contract for the data network connection and a 36 month contract for the radio network connection. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Police Department has been contracting with Hunter Communications for these services for approximately 10 years. Diligent efforts were made by City staff to locate additional service providers, but once again found that Hunter Communications is the only service provider that can provide these support services in this area. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: F. Sole Source Procurements - a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 27913.075 and all other applicable provisions of law. FISCAL IMPLICATIONS: Funds are budgeted annually for these services. The contract for the radio network connection is $864.00 per month for a total cost of $31,104.00 for 36 months. And, the contract for the data network connection is $648.00 per month for a total cost of $23,328.00 for 36 months. The total amount for both of the 36- month contracts is $54,432.00. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve the two contracts with Hunter Communications for data Page I of 2 `1 CITY OF ASHLAND network and radio network connection. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Sole Source Procurements with Hunter Communications for radio and data network connections. ATTACHMENTS: Hunter Communications Contract for Radio Connection Hunter Communications Contract for Data Connection Page 2 of 2 ~r, i H U N " ° --.Order C_reaOon.Date, ' - 10/4/2013 communications a Ortler Details - e Order: On- QUO ClrcultlD,(Cll7) 5551001046 - ' ' Quote -02892-KOZ7S-V.o ` ,,Customer PO N. Account Manager Sam Addey 541414-1420 •saMRhueterfiber.com neldEn''glrleer, Micah Sinclair 541-414-1423 mslnclir@hunternber.com Project Manner. _ Jessica. Woods 541-414-1357 iw0edsip unterfiber.com Customsr/Billh information 0000000047 s e 20 E. Main Street - Clt of Ashland - Ashland, OR 9752b - - MkhaelAinsworth. .541-552-2316 ainsvnn ashland.or.us Dan Hendrix 541-552-2441 Dan.hendriz(aashland.or.us Jamie Snow/Sarah Henricksen 541.552-2010/541-552-2059 a -ab e a us . , - `$0.00• - . - . ' $698.00°• . `36 month - s All Circyits quoted subject to evaliable qualified facilities. MRC: Monthly Recui'dng Coil; NRC: Non-Recurring Cost i. 'Renewal-No NRC - -MRC Is discounted bum stendem costof 5900,00. Said discount will be applied monthly rora0 months from the sawke ac*ation date. Discount Is subject to change with any service modlpcatlons requested by Customer that result Ina lowerMRC then odginellydetelled herein. I Service Information % Y+ PiOdUct Fiber Loo (x2) and 100Mbpi Ethernet Transport Service (ETS .r, A Location'' s . ~1 Service Addr, Ashland Police Department _ B_an width- POP • CityState; Zip Ashland, OR f{ of IP Addroeaee Required n/a w.: Hunter I'.OP CoInstructign Reequired, - Interface Port ~ r ~ x v tan Local Contact Dan Hendrix Loc"at on ' , Service Address, Medford Police Dept. Connection . Bandwidth 100Mbps ETS POP'. ' ..CityState Zip Medford, OR Constmcllon Required Hunter POP' ^=t InterfacePort 1 '4 Local Contact Dan Hendrix i Pagel - City of Ashland Hunter Initials Date QUO-02892-KOZ75 - V.0 Customer Initials - Date I NTER communications j Description SerblceNotes.`.r Customer to receive: Contract Renewal Site N1-Ashland Police Department o $300.00 Fiber Loop Customer to receive a monthly discount of $252.00 for a total Site g2- Medford Police Department Connection MRC of $648,00. - o $300.00 Fiber Loop o $300.0010OMbps Ethernet Transport Service (ETS) o ($252.00) 96 month discount 'Special Torm`s and Conditions NRC is pending completion of final engineering; any changes to NRC will be set forth in a mutually agreed upon change order or addendum to this So. I c, OrderAcce`4arite i On behalf of Hunter Communications ("Hunter"), the undersigned authorized Hunter representative hereby submit; the above services proposal to Customer. The offer becomes effective when accepted, signed, and returned to the undersigned by customer. The term of this Agreement will begin upon service activation unless otherwise Indicated herein. This Service Order Is valid for 30 days from the date of Issue ("Expiration Date") and If It Is not accepted and made effective by Customer prior to Expiration Date, all pricing, dates, and terms are subject to change. Name: Richard W. Ryan Hunter Title: President/CEO Communications Signature: Date: 1, the undersigned Customer, have read, understand, accept, and agree to the terms of this Service Order. This Service order Is subject to the Hunter Master Services Agreement(MSA) and the Hunter Acceptable Use Policy(AUP), available upon request and posted to the Hunter web site (www.liunterfiber.com). Additionally, I understand that all changes to this Service Order must be In writing. Any changes to this Service Order may result Ina revised Installation date and additional charges maybe Imposed: The above rates do not include any taxes, fees, or surcharges applicable to the service. i Name: City of Ashland Title: Signature: Date: i AR VED AS TO FORM 1 Paget - City of Ashland D quo-02892-KOZ75 - V.0 j HUNTER communications Master Services Agreement - Data Services V01.1.0 1. SERVICES .................................................................................................................................................................2 1.1. DATA SERVICES 2 1.2. INSTALLATION SERVICES 2 2. TERMS ......................................................................................................................................................................2 3. CHARGES .................................................................................................................................................................2 3.1. DATA SERVICES RATE 2 3.2. INSTALLATION SERVICES CHARGE 2 3.2.1. UNINTERRUPTIBLE POWER SUPPLY 2 3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 2 3.4. TAxES, FEES, GOVERNMENT CHARGES 2 4. SERVICE LEVELS ......................................................................................................................................................2 S. HUNTER FACILITIES AND EQUIPMENT ..................................................................................................................2 .5.1. REMOVAL 2 5.2. PROPER ENVIRONMENT 2 5.3. DAMAGE 2 6. RIGHTS AND OBLIGATIONS OF CUSTOMER ...........................................................................................................2 6.1. INSTALLATION 2 6.2. PREMISES ACCESS 2 6.3. ACCEPTABLE USE POLICIES (AUP) 2 6.4. SYSTEM INTEGRITY 3 6.5. HUNTER EQUIPMENT MOVEMENT 3 7. TERMINATION .........................................................................................................................................................3 7.1. CESSATION OF SERVICE 3 7.2. CESSATION OF ACCESS 3 7.3. TERMINATION FEE 3 8. NO WARRANTIES 3 I 9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDY 3 ' 10. UNCONTROLLABLE CONDITIONS ..........................................................................................................................3 11. SEVERABILITY ........................................................................................................................................................3 12. GENERAL PROVISIONS ..........................................................................................................................................3 13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ..............3 13.1 PROHIBITED USES OF HUNTERS SYSTEMS, PRODUCTSAND SERVICES 3 13.2 TERMSOFSERVICE 3 13.3 HIGH SPEED DIRECT FIBER CONNECTION 3 13.4 INTERNET PROTOCOL ADDRESSES 3 i HUNTER communicallons HUNTER DATA MSA - Vo1.1.0 The terms herein apply to Data Service Orders or Agreements ("agreement(s)," "service order(s)," or "contract(s)/') between Hunter Communications ("Hunter', "Contractor" or "Provider") and Customers ("Customer') utilizing Hunter's Fiber Optic Network (the "network" or "system"). a.sown. eelme.rnauwaunaMx.Ln[ar~m«+namaM~wlsalp,mw.l.wmmer: e,mayous ltNUJY,M/deepnent•I,midamr•rlwindnom.~..rf r~glt<r.<. 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WnllJntaaboN went rMeflaenVD n w e0ate H anler lp CultMm culmmn A-.1 a, puble bea Mcelot. ,I to ea 1[ parlyvrv4tymenAan6M Or In/wmaYOn on the lnlnKllbough lWnkt Ilunle lp[ulla mery puvmeln(w eNOrt if Ndallan[d1Ae Hun Unler [vnrnuNUllmf aaeplab4 be POYry err Nunler YleY haamrepanilWlrylouYlyeMihld'p.rnpoNdeuafwvlwymxrhudlaM v prcek 1.4e odkyfw ar c Pa thasskmdLMa. A war as a NlMJNlm 4r M<lami lentdMwiwW ' Mlormahm alarm®rmntimr.rtetl.NrvNVSw,xntb W,ss[YV4rv Mns{amMry . on. NT to ,lop Me a MerAN abtwnn I'- Ndars.0.(M.IIe(aa al¢sayJne, Wlhout IpwrymnsequercnrnNW(trom Wtdvdsm4fi.Wn rotlv. ]A.TerMn.Yennm[MerpmlymaylemNae anlpeemenl open gO days wdllen netlu la the I3.]i.mf of Rrvke. TeeNUrtlbt+n XUnIV Nelww4 u5euvwrlerte MYadesrN[e.NmkrfMUbeaxMb other put, lamer arbitrator Is showed, Hunts; was remNesuch nolMbtbns at bMrxk@MUmernb.f4m). adhere to the fdewent rural ad mndavu. If pu hate arm 9uef11ms Or ....lew.ANHUnkrawdi Uwn eerM teMnalbn Iw any reawn, other Nan matW l M•mh W Nunler LmrmWVlbny Or If Hunter Me appropriate cm1e111sted on your mmNN biYN sut[menl saes. MM.m [Nlvnen road W canon IMY lerMM.Me apwmenl(v[+uM,.gaM.l bnlJlal}n walve4araus,M WrynaNragyWwrM Upb rcbe[Ynly. Wd.laN lernNatlrnn Mlaa Me Nil ampu11 o1MerMfedW bMwter( mYN[aYmsaw Nan ha teal of Me Opnm<nl, MI 4wne kmmeAsbals d. one ware be dYOmv b MNer fnmumtalM, udev bats XlthgwM tlr 1., 6manaWS, alherMelrtlla[ed. a 1N W+mMn. ]o the akM pemllhed I, apolosit a law, Netter is pro ns, Me nMm and Ire watem as MM. N eIMMUXM enNCq 11 bi ewko dMtlbutlrt lmemel aa-M, Motorola PhraselN but hotlhdkd lathe Hunur luhttr mad/car Mulbamt end any sands to the netwwbl as by and with ag an WUmw, interior, AYl W sewed., WmYledlo[mo-xty. Fu4, W Mrtb, ASeNN el dher wur.a.".1 pens MMe or"', smaller, wluleryw... 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In M the twelve mmN wrlMImmMalelYwe[eLy 1hadata .,wN[h M, de.the glvlryriff .the Manage, O[emM. Emu iw Ma pMWm be aedto b .-I, avnmt.1 dpeflM+ll! northern F sheep a. W flat and aedeaymledb[ulmwrutlee WaaMbn9[aMYbk MlmmwNtdeaMnrkWe rened/awWlNrnJV, IR+henlt aMtlala arm empMyen fen arm ud JI J+fma aMM uMn.lal W ry v comae, uw ar aMawS V. ThenvenmWrdpulyMneWariesdenV Veement NMnenOnnM[MwunMl AavemhWllylorlM nNll(ence, prides, laMm w wb..l al Mlmwn;.1 aM41e4 of eeveban Or .11M, an. of refired b OuWner My Mm1egK of er, oYwr IN/d wed. FJudN bLL hat III to totally W Yn lament qutlin aM+m.ry d 1N fagK y xNth+n Mee W Ne N uv d IM Mkm w wN[n d Hall,. g4um I,, .,d k the heMllb a u N rndor Ne11. aONnV N eeme at b/ wo lnvb aMNaped hlf paenlMlmOr +ke+ .Met ma ,alone rry Oa g Mw gMans or other labor ra ven .1 of num. wenle I ..+or demX ar OWr uNnU Pwei 4iuiv; ,odor or other thol Ml Of w mll:ury merhen44'lea .IIe,Id+We;oural. ;e- vatlM w+dmNMGM .uMmtlu; or ,Me1rt4tvnsu M nad M4h a NMWnMVawKtY[mCW mNln. M Me sent Mal a tout forwnrrrtnul .,eery, Or M0.1twor sandy mess pope NJ.dkYm If. ede mines.1 arty ayeemeat era M.A.h olnW AVownswu h M(aMy Neaou"Ma 4 whet peNJm el the Agreement W the eatmt It If undawr thaU business. If a provides of an adoesseend Is formulated but Me wXksea ter.',m<ommerdahf arm pacWN/<mtlmseMMOUI IMIrndnel[dpMYVy Me kmelMmd Ilu[ aye<mmlYSalnu+vln.Nnt 624menIPNNaIw. vetlrybYA1M/wMbmMV agr•MI V plNe(euwne/ anapeunml W/w Me lima bees, W. nM not as wahu of NM I,& as rNl.P. Nuomer May•WN.n gewml WY with Me wnsent of Hunger. Mageem<nl roanNlluln Me@MM. underMndN between NMoaatr and buffer urn,,. bX user M MewlvneapemGVM pM4ar.-Moor waroundras. b£IMbfmumdutbu M[ep.N. M N,nlwfhNe v ha and ..w. Nwln Cwrmun.t. h<epktle Use Fears M•'Ptlt/) fa,.I,r IP wrwnu[k ewn..Md b hdavd b help M.O.O. Munk, NunIM...'ar.M Ya In1eMt [ambush, I...... Jr. I...... Us a, ha mare. threat ntlNW£ the PWry If • rem-aMrMe Itl of Me ntlm, paNNted by Fount. ('.mm.a,. Netter CMUnudatlW ru-s ubs, visa rted:MIA.POSYa aMy 3 ,i,ri u n r e a Hunter Communications Acceptable Use Policy for Hunter Internet/Intranet Products and Services Hunter Communications Acceptable Use Policy (the "Policy") for Hunter Internet/Intranet Products and Services is designed to help protect Hunter, Hunter's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non- exclusive list of the actions prohibited by Hunter Communications. Hunter Communications reserves the right to modify the Policy at any time. Prohibited Uses of Hunter's Systems, Products and Services. 1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. 2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (e.g., "e-mail Spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). Hunter accounts or services may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. 3. Unauthorized use, or forging, of mail header information (e.g., "spoofing"). 4. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g, "cracking"). 5. Obtaining or attempting to obtain service by any means or device with intent to avoid payment. 6. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Hunter customers or end-users by any means or device. 7. Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any Hunter customers or end-users whether on the Hunter network or on another provider's network. 8. Using Hunter's Products and Services to interfere with the use of the Hunter network by other customers or authorized users. 9. Any open wireless network is strictly prohibited. Any type of unauthorized service sharing will be searched for and immediately identified. Any Customer unwilling to bring down any such network will be terminated 1 I ~H u n r e a Each Hunter IP customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Hunter, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of Hunter IP Customer will be forwarded to the Hunter IP customer's postmaster for action. If violations of the Hunter Communications Acceptable Use Policy occur, Hunter IP customer's Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating Hunter's AUP as Hunter deems appropriate, without notice. 2 I 1 ' HUNTER ~ Order CreaSon Data Communications SO/4/Z013 Order Details ' - Order . ORD- I Circuit lD (CID) 5551001048 - i Quote QUO-02891 N8RiX-V.0 "Ouetor»erPOM Ac. hold Engineer Micah Slnclalr - 541-414-1423 - AMis~li3iialr@hOnterfiber.com 'Pro ect Managed Jessica Woods 541-414-1357 hJoods(@kunterfiber.com CustomerIS1111ng Information 0000000049 20 E. Main Street Clt of Ashland Ashland, OR 97520 Michael Ainsworth 541-552-2316 - "einswm0ashiand.orms Dan Hendrix 541-552-2441 Dan.hendrlx(@ashland.or.us "Jamie Snow/Sarah Henricksen 541-552.2010/541-552-2059 pavable Calashiand.or.us '$0.00° $869.000° - 36 months All Clrculte quoted eub)eci to available qualified facilities. MRC: Monthly Recurring Cost; NRC: yon-Recurring Cost 'Renewal-lyo NRC "MRC Is discounted from standard cost oft90gAg. Sold dfscount will he applied monthly for 36 months from the service acffvation dale. D/sca unt Is subject to change with any service modiflcations raquestedby Customer that result In a IowerMRC than odginallydetelledhereln. Service Information Product Fiber Loo (x2) end 100Mb sEthernet Trans ort Service Alocatlon Servi6aAddress Ashland Police Department Bandwidth POP: "city, State, Zip; Ashland, OR # of 10, Addresses Req4lre9 r Hunter POP ' - Constructlon Required no . t , Looei C intact• Dan Hendrix ZLocation . Service Address Medford Pollce Dept. " Bandrill dtn 100Mbps ETS Radio Connection "City State, iiQ:: Medford, OR gi)rai uctlonrRegulred Hunter POP - -Interface Port I"Entry. I Local Contact' Dan Hendrix I Page 1 - City of Ashland Hunter Initials Date QUO-02891-NBR1X-V.0 Customer Initials bate i HUNTER I communications Description, Sarvice Notes: Customer to receive: Contract Renewal- i Site Ill - Ashland Police Department a $300.00 Fiber Loop Customer to receive a monthly discount of $36.00 for a total. ' Site 82- Medford Police Dept. Radio Connection MRC of $864.00. o $300:00 Fiber Loop o $ 300.00 10OMbps Ethernet Transport Service Y ($36.00) 36 month discount Special Terms and Conditions. ' - _ NRC Is pending completion of final engineering; any changes to NRC will beset forth In a mutually agreed upon change order or addendum to this SO. Order Acce tarice On behalf of Hunter Communications ("Hunter"), the undersigned authorized Hunter representative hereby submits the above services proposal to Customer. The offer becomes effective when accepted, signed, and returned to the.updersigned by Customer. The term of this Agreement will begin upon service activation unless otherwise Indicated herein. This Service Order Is valid for 30 days from the date of Issue ("Expiration Date") and If It Is not accepted and made effective by Customer prior to Expiration Date, all i pricing, dates, and terms are subject to change. Name: Richard W. Ryan Hunter Title: President/CEO Communications Signature: Date: I, the undersigned Customer, have read, understand, accept, and agree to the terms of this Service Order. This Service Order Is subject to the Hunter Master Services Agreement (MSA) and the Hunter Acceptable Use Policy (AUP), available upon request and posted to the Hunter web s!te (Www,hunterfiber.com). Additionally, I understand that all changes to this Service Order must be In writing. Any changes to this Service Order may result Ina revised Installation date and additional charges maybe Imposed. The i above rates do not Include any taxes, fees, orsurcharges applicable to the service. Name: City of Ashland Title: Signature: Date: ! Ap -D AS TO FORM ~ '-_AW1 tyAttomey i Paget - City of Ashland Da Q QUO-02891-N8R1X-V.0 I HUNTER communications Master Services Agreement - Data Services Vol. 1.0 1. SERVICES .................................................................................................................................................................2 1.1. DATASERVICES 2 1.2. INSTALLATION SERVICES 2 2. TERMS ......................................................................................................................................................................2 3. CHARGES .................................................................................................................................................................2 3.1. DATA SERVICES RATE 2 3.2. INSTALLATION SERVICES CHARGE 2 3.2.1. UNINTERRUPTIBLE POWER SUPPLY 2 3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILLING 2 3.4. TAXES, FEES, GOVERNMENT CHARGES 2 4. SERVICE LEVELS ...................................................................................................................................................:..2 S. HUNTER FACILITIES AND EQUIPMENT ..................................................................................................................2 5.1. REMOVAL 2 5.2. PROPER ENVIRONMENT 2 5.3. DAMAGE 2 6. RIGHTS AND OBLIGATIONS OF CUSTOMER ...........................................................................................................2 6.1. INSTALLATION 2 6.2. PREMISES ACCESS 2 6.3. ACCEPTABLE USE POLICIES (AUP) 2 6.4. SYSTEM INTEGRITY 3 6.5. HUNTER EQUIPMENT MOVEMENT 3 7. TERMINATION .........................................................................................................................................................3 7.1. CESSATION OF SERVICE 3 7.2. CESSATION OF ACCESS 3 7.3. TERMINATION FEE 3 8. NO WARRANTIES ...................................................................................................................................................3 • 9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDY .............3 10. UNCONTROLLABLE CONDITIONS ..........................................................................................................................3 11. SEVERABILITY ........................................................................................................................................................3 12. GENERAL PROVISIONS .......................................:..................................................................................................3 13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ..............3 13.1 PROHIBITED USES OF HUNTERS SYSTEMS, PRODUCTS AND SERVICES 3 13.2 TERMSOFSERVICE 3 13.3 HIGH SPEED DIRECT FIBER CONNECTION 3 13.4 INTERNET PROTOCOL ADDRESSES 3 i HUNTER coalman ic.tJsz HUNTER DATA MSA - Vol. 1.0 The terms' herein apply to Data Service Orders or Agreements ("agreement(s)," "service order(s)," or "contract(s)'') between Hunter Communications ("Hunter", "Contractor" or "Provider") and Customers ("Customer') utilizing Hunters Fiber Optic Network (the "network" or "system"). vfxwef. aecrur,Ir+Iq.rlnu.Mxm.ImmnnrNaunan, IlM1e,1,IWlq^•INIe Nrlenm, .maw l.m,m+/a 4edue[me/npJRnml.r.,glrc.enn.mW sown NnolnraneWtea<. Immumxaa .wNbA.e mexkam noNa raNe iux tI. rearm... mNW rN[tany m arnpkw.. tr ymu x I.LdlefeMre[. dlauA ipnMla¢mb/N[wmu bhandnAellwmmNkelices Mlemlo IS. euN a(Iq teal shoal IsNwer[IaeAYU megJpmm{ kIMJN MIOmnx4bit, N[Iwmfhaf ewXe Oau l>f hatealMana[eMn whrwap<emmllher-fter-Adsu enfl at We DNnl ordanchavea. reset l there, lv IN I..., Nert:am+ae cost r. ll ell aMNmM1el w[iwmeM at Ne tons. ficu s) an 4hnN Nutln Th. Octal of WeN, If the Sense Me,. the mMwk me .It. ry[tem rte Inluemmne4 TM data IlMou nronike had meet .1 f,MO. standards At IoM In [.PlthbaM WIItNbmolMlNner. . feem101.1Zemnnl. a; ..1. n, ortuner NN .1In wpene uNrrtake .1 newaxry Reposo. Sci le .z. Imk4lM feMex. ImuMcrossD t, wnnu of euchou'w M4 N I-LY-I, mm]NwN xunkr[MnNm aM...aa. lmuunbu sects "MOM IMM..bra N ..uary eutlweMyLlewm%alxem.mna¢nkn aMoffice [erdu[ neu[[ary to prMee Mlaner Data usal NII11Na u,wautn AMweM-xwer I., anNw egJpnml as the buOAry, IMUSry I...N[rn Si SAMeeuMll be pr.d,dOR to the dale Run the SAMOA tube, 1, ew"pekd NASA m Onto.Imlwn., Wan all-shoe p out RODS ths,A,floor b,dlN lco, no rem Ad nnMM:"Wone mxahle to Mo. presdae.aM IN IAn.1, unnoteSo IN rua-D MI. aeMw alould.s us l e'4 m'mrof+tlonr, fwndalkm AM.ner"Irmmmt I. meal Ne enWwmenNNpMxulbn[ for Hunter lrtluchm ad nary kmklK e.WJt And ...4arG gaNflq Wtaae,,tits poem AM ag ricer froll neeaM us an Mdtlm, Mnlel. pease. the egJpemt lmtloeNMyrtfened ma[' Iar, laco;Wl) lrmmNwmNnl XuNw So NWl, it and or nationals tours(, k6Vn aM egJRnmt: preMp A.. wed .1, wwtlry eNlmnrl DARRAS.A.Mak. e.wpenl for... ,-At bMitl4y an xMromant to.IeneMr-.. heouth aM I., up al rouniss 1. WnA to aI-thetas to[ury out Ntell. AS usual any xled w w,d hour nourinn, III and E.TUmr. Ppa ww MI WN cW&uw Ne&t.exoakdby XVNlrwdlhalmnllnutlorlheampumgl Yml file;,NpetdeW lNN[... IPMNO. unerr..,1-.G unkla Hurd. VdN... 1..1 nhnst natlulb nlfwNln Nefervke wdplremlM1UMmiNr4updng wlenfmnnlelmWUan RONdMIMrtln terns mww.nd elew IN urtalnudepaNwa .yo eptlrym0peemlN<VOUner 4npl41lNqudtln HUmu MIM1 vxliten mlkelr ml®vale/NNxpartylo laMwte an<Reemml alextfbdan gk.mlHlnMwaan pmm~flMlowa mYan4WloMUl1[N.aW WlAwar. aRe, .ma pyemaN.nN aWm.kN~ rev.rl lo. nunulnmwah [x We OWI nn u< tome wrm. wd mMUm..aepl1..R..vaislhe In ax wnmenilourele for na,.tanks p.XM Nm As N. nu. N. Hwa he Wes r<pmabk north lmdUm Or. 1.u N anycwmnv 1.1.-.1 mMJunnion nma mened,a.gM.heWMlnnaegaknezs W,a PXe.amemwumaeti. .u.hemMxmbNpethw+Y. WUnomrluaramanlluma wuarymmu.I rpdreewnRUpMWnm. 1, ln NNabmnyanemf.lastswtMVrvmmPNMUxmlwmm~ea to Dal snmmnGd h Is bmewto ence nRr. Ar Or ss rearit. a mk.eM..rarwlum Oblanm.v.:w Pr.Ne n mNen.v.n AS wtMee AN &ROSS OR, The www anmwNfut lov mn .aaumen M"nu dhD IS a.Me m ercnAre xa.eM.ewderolApeemenL ISMORbeMf V1p1W.Aed, dakld. MNxS ot,) rwldee am 1Iwtall ,Wild 4 u stor Affair may So nequered to IuµrelexnARtlAhI SS ,shwa A mortal. YbN rceded w rm couni rp4le Imk4Ym abatl rep.A Wepbr.ullwkalYn ;1.rn sash,, qua fmm Ne f.A, Ad.A I., nu dale. Weems ems pp Nt nk.RdN tyboNpuYe. F Nerormal.yrua 'Uaye6aer: rSApeemeN lue IemN arreMw. aIM floordaydalortlxa lhtnwymeN,ra N.fntmMo onlA.M1N M prn:+kepi,tlaM b+er. M 'du so inniand m .1 e,ascone aV Nryusint Ia NepAyalcYlsed tbnleNNy deawwu.N byoNenewn/mkaYm. wccee Ma nis,h,tlbepW blr-oldi,1 nlM1NyefNe lall tu.oMntmonN lme l. vaWe We e•:dheunea Wahoe Nvdnormmnktl mtoo waeeny umM I by bNx la a M/ar lVhrtes. situ nodal to SuASMIA MX o®ann nmAwnnMr ten lordelolr Ngr IpWA,artaMtle Oa~%e 0eei All be muse ds.,uad We rpan mmtlaV- Unit arld a ry Mlltlaul Vmcannew ere m,la NewMman IMlbat Nw untie, A el l eM rp"YWOb/Re, uil art Mtwnnl krmrMMl f2 costilhallan 5 Qaf uent1. W Me .NO MtMpry IN F IN'. l'xma.e an te' Ae IN ddro ..n, naM, of NOnlemer, NeMyabad . ores YeNilm/,we unit Nr offled u 'NACl A M d led he ln In ln deot 11 S'A ep:.menl la ltlM f M l Cur pu on ss beed[rytwkn lMle. otMmlw aawAply .Ma.-Adenapprwa An4enreNewMaM tlNM 4 loth wNU derlrlGRmatMe, Nbre. aM' apetlhe, ua The pepxV In M1I alreum of SOOK or the total IA[ on he Studios germ, porn, At mmpmrN.nregulrcmenh ut. TMremaNnp xn[.hallsue and pannou, of ithou xea4ten el chnit.a I &tlW Of and any counted fiber bin We Nr M ed. flu, W WtlWJnf due N:e e(W orfn md any eteud 4 eata uMef in We lartl note Iran N owner... wak. At aWr abnq [mkaen- m./ dNRUle 0, fwnv n.pNO6 and and -W ftA N IS In Ne peR ll ur Set so, M rW -k ldr, ON k WY empwwlitlml.em wM1 eal Awn. or a[ b rasps NerpW. ch'i niWn6 V timer scound in mayernenU If . d m f.2LI and, unit, Or lnalial R<W.ar.maluMknupMul-does hane[Ior W ride. mventure. art Seoul Cp.. Nap ampNl. A. .eaNle ...ll rtgWemenx NO A IlMrludntlarh.shuM,are rewd airy NUnln Na4NnwenW . .111A. Nrlwnent N't If NRA.e Nrlamer an[ wnablvp.INM.Manes teeneed9D0R.rad Ill I. n MEWmcndi Mail Milli:IfrMeaww m[~ohedeenunlnurruWdep.p or wa., H Un1erMl goaWeua lw Neg1a61eo b elow. n,aller, mOnerl he. 4entla'mrYca'ued, a ma nalpml.ryantl p Mere k. w nclri ,aNflM, MyNnt Na re¢Ipl .1 a]ap nmu sesuccary NQN.1 prebMnarv rpWem,nt,enla of N W1. Preoul • .fKUeNkmpONPwvyµdy: $fmMl°•+wNNbeadrlwYml xlamatkv, Irmn UUOxvwraMxlYwwkaavekwdmpurNlunoN.EMNhprgeu f1uds"A nW,CepN, peauaNenPHp DgmenM1finenNNa Nedwd,te ra]k^ablwlN Ior Nepurppr-Idstalhi lmtrn4Ne/dbMrRrau uab MUnavNeu artual ....In Noll o:R."m%w,. on to. rend colnua al he dIlloth r.plums, HUNermw spore NWWAI le ,Wdard hewhkhol let. , An W NOW ISID. Rr hwr. Thl, hMYnletl.S alt Roatle 1. arty pya count In MVan. us 6e gmnlen al IM.eMle Nlnfar shot hod Any.6 de 1.X11.. neMnaeree I. W. maurIA, IrAdnrl. cont.fit.-oAtruatw Mn mlbe here restore for he nmwL M arry"uNXX. awns am VW bans, III MWe Or or R)any eWPVm of DR. uMm an ppoamme CNlmar. u. aI...such .1 on rat,India WMem, usul Yab/ilhwsib or any Mr maladd, not diSONo aw mamfanW eN..wemv.hunnnbr.mv Oulu blFp di and A.hnlnl spasm n.maMremp.aery Send balk Or of baUMe4MnaNrNnmrL n.... bmlm M adept pymenh Na Ntel, Rd w. cod Saudi .MI, Ad MMU[ M M 1.M Na ru IWea Delmer sabS"NOeNM-Nd ne":e"i the, on be, 5]fAOrthawd count In .S. Inrrdx M.n..,-.r NN ROaNe Hunter or NAer grans Nessel And l Mlh cnNmm.e,hmx. incen tan Not a routine And! earrou rybaNl for the knpem.mnM of N[IrM ampNM dawy NXaner Wk Wwlda Hunter n.wpao *Ross to No lkvwmn geMn[ ash- arty Xumer fil to p"Ipmw xe If. rusty reA,4wemmam ON, .,I- p,,, to p., apglntle axe[ harca.e fear or ImknN WnIn NNndbnxlmXtlelwmylwn.art NenHnaNwmy(al4ntaplXwmNapWlamfJm oche, [mem..11J MRUMpueupm MUrG QmnahaVm.b{werNry bd/MthfwiWlW W Many beemem to Ne Mall Wit Hwn, In [Ord IN0. ,Floes ens, art ars tons Oda or shun or Its. am M salt. w lw Ne dWtKX[M dveares uwnmm eonUrvuem lhneJ,rt, rxMtl Ne raNre of NXwoa A. w.Ab a- SO lM pan at each lmtbn Mne H under 4mun.nd/wemdpnmt n.MS4NifNFwVIRNenlNlnr! mtnJkn 1.... Lwati. t.mxMa.wmruaw.aae Means perm,. runut bNoeen.14,1NA.Ew, Idea, .Ask b iR. eustar, -it tensile ndusk-osil that Hunks It,, nw wends tha V. Imemarem'. wol or cal oWgImgemmknaq Nwx Wn mnnaMearn ate wart equuee to Imkn and/or rwatr HumMa kNmes proNha MNwt lnterrupbn.0suoul also undap.ner chat the of.$ AM owns rw Ws'eMw is bared an the and accusations dNbglu moralAbllry M1Ws but mn, an rucoude notice, ngNe..en at ether MUn At ..A..orbntobseI.. PxmaMm maNeKlopy Mwt lM N bAWASMmkaeke for it to so w Wee NXVma(. from, xWn .1 .1, aM1 weenh.us..1. nNlYn ate egJgarna... Hester. ..at trmk oar art ml amMath, ad,. oNness..J t,d x Onbmelr Ads-WS. or mry. n ..ixwtsM.Veni Cmtanninef to RYIVIMO. eMOIno:I+r,rywghn NaRe[apxa be. ri baMMNh crecatbn AS Oscar to enon. Nd Counters Yawoh,bnr art MtNn NNade"tnntM 1hepMk. rM ryWIRM. Three hold b. nuugM to N.qe amY Vme by Hester aNry In 11, .1. tlrwabq and al rush Wnd.,sul. sherry upm Nrlo mar upon Andes true I. Nrtana be Hunlen mAry outl Sol not, IN rmabl/Invited ,Niteg aa, mown,. OF the d.nlN Olaem, by Nnemv prbul6ry exnerltaaglwelbn Nel be petd b/fu:temer, hams Yulad•Be Nrtwn-ar, ahwNma In ft ,sent r. data wKSe Male staled w N It the Hunts mole Md. Hunter nat Nn A teelW m nreb]un be. bM.tllaurrt I..-.e Mw. Ner r.aMnl.rheum At Ne.NR ben Was NI.-to IN xYpad NM1ir. nunbl.aNM b.Xwnar. vinch-port 'a Nxb. I l[mWUxn Wem.A V.Ntlr he I. nandl AS Aaapkbk We Paden IAUPt, Hunklr.wur.ae Use l[1y ISUDl Is Wished to our Asub Sea prMded I,this [xUm Ortnind, wads nwN[l.mm+o"Wa Ma+ln dung-ery and an'Nm ions none, inw,.hwteTwr.<m)AM ASIA a. alcculNtN.M. Who Mwmer.,an mech., No. Wouror armies mould wiWn.p Insist of such user, a lnterrv%Iory Hwkr[AIR credit Winne(...wntWN respect w NeI auto, wIN Neste1aatudIbl.urep"Yres.IS...ep4aleus. penae...A,.,,. to Nan[, at... it..I sh. alaied,eNUbyma-unl pus toaruiM1WaA Ollhere.ntrynwnVdyllrnRlorlAenMaeRated he raNn[NII. WedlwNwy and al sulA rl,.rye.[M1JIhdYary upm NU.ner Does, .ernes roXeem M1ou pesoeNF{MUNIMUbuear lmmlgUmewY..e. Ter'MIItNbeNe,JeaM evh,Aerenmrel Mtunnblxwk,. [wlwtar wh.,palm+w W rcnl0sn. sans;, r U.:eraYe. ntZ bert.gneaMwmeu.e ammsam tY ruled IS Rtarwa,.mbrwrn. 4 N Ne . shelf ..r.1 fo: rtshelf I. eue, houses, Arrad If A. gtlan B : amee by nawm beyaM the rtowmbk Scrod of No ,rectel rat NXamer uus popes of w llwart Out gWhd IS I Impaus nit, orlw It Data Runs eroe.mnelatM . iN<duletlnetwural: ekmXnNnmen fervueo Or the naaxoM1, rNlamer Nan nmlNeln. be Wae la ,cut ent for If n .eO/ Irclutllry MIhM tlmnatlonmywfl eratu Na AS uWnrY. or lNnler N.tarryegllRnMNruflww AAA ran Al NUr-. IN I.M ofHW*r.W wlal p&Wwmp rpmmxakhdmeu urrdri MlMter 1.sect[whine.Ywraden nae m FntN,I e an.. . A. I H dXealMtO. 1, N tla Natl an xunda4M I Mreln IN RVprIY OINUNerammry MrepaaMnDx[edatanYUm.aMrnnandat a lh<IenMMm el'voFM N. YxNma m M.W, Or . oMOe .M x¢enwe,,kmx 4l HUnkr mry uou' mrybeNct..Mr .frXnter Wrscar.mlen for p. N 1 .1. in NIe:Nh 101onnltaemnrp WMlleWeA.levMAnaM.MkXUendwfeM3obNY[Ikn dNlr . [An[A Nan 01 mere W Ly N,wmu e onn ..us t. for perry or m.MWNry N k6NU AS x .1 p C fraffutiong ",mme(f IN N xlnINnla Nel be tawYYme,waMwM"lkrrnNNmt.k I wnnillunua oSe twNMuYNIInte egJur AUAeanp9n aMn mmp.llhad ..or Nlnkr.Aher, f d ldo Saws' 'eCustanow ni-, accas sell giant erWe.,ner gn.,t t or upm .INN.Imra Sed, MNNe unit, wnlnnlmm Nl fMhmappllude,e lerki[d publpWVUXms. cheral Ie"riIMuM NtlW w .A. penk .IN er W areaXm[ AS oa AS eda, Wg I.YInawmae sues AS fo geMen the Wk1,M, In Ne RNr setae., l[ m MuMNa reannatle eWrW[ the krhdrJ rleRlhaf IN serest to Ne antuou . remwQ rewk amawmgknnw .1 eeMXn:m eWpmMMNe xMe1 haw for 1,Maanof.,oWnuvryeaMNbaplyxbtll[kWer®<du It-, unchat thep,env,r.aenle,emmew]e pJgnemtur NW, j. W. dMi..,rltilr .1 pronadedararthe Auto, be NtatOman,r4n Mwotaxw aMN OSDAR Gl aPntee luminncnornMn.Wert.N{mtiluUwx ntlluaN,b e,MUnavmaPrwuaueenlodrtomn Wy SI AOSS alryruwath d nN an hID¢r my .u9eMNeRM.xn to She uMles loan/ IgNnnM nunwrtalntaegWgnmbm/u lnllUnplmlf%. OWAot .dadnaled. ind st rudkmpanY ID n AI . byNaanen.hknay NOmey NUnlnvA rtxrulelM1e Nnue prxMkE tNnmN NaremeWOnaamnwpoulWe. xl. k.mova. to be ner Mlu.rex enure UW car ..lW.aMacour .t Sea I etwM anNM xbe remded AS Any pars, coney dher N. Mab MthM Munk/[pb n Int.ernet AAAA.NNeX[].baamartM.to Np"shedsa4tadN..oHwwl and IN W meant W..f. Na a lal+.aaybanY nlw.kowerv Mt.nnMw wpnal.Mts NMM1ar As N set" IN WWI p eonllyuneenranaeq<{men14M1errneMNNtnhavL fS. baps Ns IN IN I.,L Nsla.er shall We rn,anade <neaf AS keep the Discount of Hurneet fallitlewnd/alpulRn.nlx Reprenrlromunl u.pMneWblNUnlm (W) xmkl mss ban Vme to tlme Hue IaMke Instructions fur t the m"re al No nel..erk to hewn RA, pawl MN Un .nvu< i.Iodus ewNegaultlan of the nuwM bandR er der.bNm nrtwn W9 .beds nx%M. W eIN1NNMbu .1 r, m IS saran WAS arc and uNM b le, l NW k egdpnm[ ban W .ealw, ma- AM .m mM pdkrWl gW.my tYOana A. NN INW In D, less AS 2 i HUNTER communications HUNTER DATA MSA - Vol. 1.0 count W days met Nn roeMy wit"wrislwenturenoVaarryaUm from frao wUlb. mwW. mlJUrelopYi MlMpwltlontol an OpeemenlMUYn 3OeM a].t lrMbned NetmwnYJ, Mamt pmtlln4 aH]Mrn. IS. Heater ryulpnenl MOYemmt Curbnn b Usn'taab abut,-MO. above lawn Neater innrml+tloq O+WWWnu Mrate NenYrN1VWFNehWne/ey VHuNelNwaepAatlm i briar temMNenYellwnnfe egNpnen4MeNNelequlgnem WlMmaudanaVOnma.[aublunuo era/a Ia poM1IWH [Mamuss, W rous,I .."maYbl rewelN M som,"Hademah. 4aae i grtve. Awrlaner<rvW euYCOM, cps mealyad trimmer woe anduaer len a W anut, atlbq MY be Ne ueelMelhn lnlellKtuN paplM rl{h1 UHdMNWlprop<raNMwalbn.aM mxvrlallM1al6 tdeomphynl ddMN el fount, Ne vpy[pmsym [vM l boadcua deps will W for seobuanFmen] ..,.,ad tlelamtlo..,.,ad min <on+e M w aNWYl , ra, or c MN b Mm by the Curlaeer, r, . Ha dHwUm to tla MII be mace for 2 meweens. pi RrtWNddens V 1 suber abN rembill Poem. but F$ not men Nd net fWdlktly[[parconexam, h I.or m T or to OnlomenawNwY{ea awry mal par•ewnI +pa ' ma Me iN 4gWq her li net AmI1N to buA main of wmmMa aanrn'ily. Nlmnnand ].terhyusswnEltnerp n MT emindean Neemmlbr[d Wrla d pMI mmµera glNUl Wetp]Uylhe+amea wveloanew deo aytlafaMwa latlnetopgI' wmymaukuqor erMNN mem vw smes'. lair . apedMe uurebUnd whe row . MIW30 per mots ia add star IVFHUreer wosapmrs, and what mstf me any teasel is ro1t -owe ando ]O ere apTwatle IV axtru UUtllomw[Irtpwa to x lomnups smlnFmet]vAe<hMav "we lMre .1 now"Up not W forms N Natms, amr ot an ' T ]paan sel I fdwe 1. le M . art x. it, Pa.. .GUU e T+Wbte we Po&Yatlul d day aWwP ywaywsyeNn ban bo an . ary lo mem, malar to My When any, I- . or HURetlm W awash aep Ho m on M. to i I eWntlaes]h4 hrMlwmtlb. pass, wher wrendor rarrM«+ a+ do.. deWN 1. nl- ne, or 1. sum nym bont 1. im In . urd nt.1 . at atum nam, mry a as urn <Imulo A remarried b/a or man er Ins anb pln amnia act au<mla<arpuly rawv<e at b 1<mpamvennnarcarvke In lieu 0 t-me a ermtn.n uleyeernmL Un to P<Yemmtronervkean<tlvoaumin rehl. NUmermumotlrn [mayoral la Ones .-pl+da urn le v.'oadlv"I. aft, lM1num Wdelbesml<WVto Nrnmenl lerminsm ul tome basin. In de[ venial[ ssMSa ba<Wewry s. ObIaNN ara11e pajin ObtaNanNnbax/meant.. .W in mat Him. In,., mlf-fors nnanMtNbW]TYaA runt dun lluYer maY arreYa S`gNalrvbrthm-an 6 UNUdMredwoett atYNOg des4uNal of ay attempt tound, of aM lrlrmmallm elxry Ie~INa t".,woWeaMiYWlNamtUen amen a.,. ~ NunYaNdmrenareMUUatb/arrymlV~adlNr[. 1. 1.v mad, W., muNtln the, WO ODU a deNaFOdwere be. N*<nraaa.a warder TA,GiutteuNbrvbgHunnr mrytlepNrlomen<aat to ponetewka...I. to proadealerr aequenn atuda)1. am Homes mil-- w eN unw, whether m Use 14nkr nelrnvk haw pan I.Maram guar. In CUname, ApnmmtaMNmt.11. fWtlomer: nallwar cal ere.. (I) Maps w"wrilenebPWabl<anePONe Us.up 5 6 ply MaIll hoxi.. SrvYn to to. WlF We me Or da Haler a tunml by ahu of eyapa Nay <oMwt a worry, NN wawa. F He We dsmor, nnwatly mush, N+wmmeraNAHrNwert .-,.risk .1 Haller,Noup,euN b. a,. N{alow,wer4n, w uw-mrw w; u. Vry[pen whekv mmvk F arrkUy proh d. My Type of ..ad 1. st-ft well we 1<I Y.Wld ante He.,, le Ware MN Vert or to lane I., W 11.11 leanel pmld<, caramel In wN<undlair', tlmllhL"CUlvnM urmidly to bit{ down am such nebnk .10 be terminated ).L [emena.Lawn'. U Hunter [east w Ready a denk+ hemmer muss to the retuork convent to W, Is, MWw namememrmY of He Nrtunds wall hntaMlWl: Ead Hunter lP Ndomx h reverently lot beandrU1 of 14 a nswer win/rtpownymms Or wet em0.6Y ul Iaawna1Na41l Nunler ay ambrok v or"m Ne Intermark aepW{avk!Map HUTHI. 11 apleay to mYa dtt He NrbmVYrtpeteMtdea or 1men atlee by Ilya (III to wines xMbe'MWe&a He Pmmea, and 4tlr ue6Y+hal w WaynOd. ed Mich. Campbblt Wont w[Mania of Himser lP Oaorew M] he lem'Ned to µe Id to.Oman Md.my..,I boaxweN+e w Inewrim The Mleral WOU{h Heart Hurler lp cummesPo+Imartn lot..IIYW.V. 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If violations of the Hunter Communications Acceptable Use Policy occur, Hunter IP customer's Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating Hunter's AUP as Hunter deems appropriate, without notice. 2 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Presentation of Ashland Fire & Rescue's 2013 Annual Report FROM: John Karns, Fire Chief, Ashland Fire & Rescue, karnsj@ashland.or.us SUMMARY Each year Ashland Fire & Rescue produces an annual report that summarizes the department's activities and accomplishments during the calendar year. The report is broken down by department divisions and services that are delivered to the public. This report covers the 2013 calendar year. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue provides a variety of services to Ashland and the Jackson County Ambulance Service Area 93. The department feels it is important that the Council receive an overview of these services and the activities that the department has been involved in. Statistical data is also presented that indicates trends in service delivery. FISCAL IMPLICATIONS: None STAFF RECOMMENDATION AND REQUESTED ACTION: Document is for information only SUGGESTED MOTION: Move to accept the Ashland Fire & Rescue 2013 Annual Report. ATTACHMENTS: 2013 Ashland Fire & Rescue Annual Report Page 1 of I ~r, 1 1 1 1 ASHLAND ''IRE & RESCUE 1 1 1 ' J M l 1 1 2013 ' Annual Report 1 1 1 1 1 1 1 f yea Y~ 1 j( 1 y~ N }p}p~, f z ASH LA O 1 Vs ~ 0 Y 1 1 1 Cover Photograph: Structure fire on 5th St. - October 31st 1 1 1 1 1 Ashland Fire & Rescue ' Mission Statement Ashland Fire & Rescue is dedicated to protecting lives, property, and the environment. By delivering fire suppression, emergency medical, disaster management, fire prevention and public education services by profession- ally trained, dedicated personnel, we strive to achieve the highest quality of public service to our customers. ' Values and Expectations PROFESSIONALISM t Dependability - Reliability to duty and responsibility to others Excellence - Continually improving job skills and knowledge base Presentation - Displaying a high level of fitness and positive attitude ' COMPASSION ' Empathy - Understands and values how others feel Service to Others - Giving of one's time and energy to meet the needs of others ' INTEGRITY Honesty - Being truthful and straightforward Accountable - Responsible for one's own actions t Ethical - Doing the right thing even when no one else is watching TEAMWORK ' Respect - Shows high regard for others Cooperation - Contributes to the team Loyalty - Shows devotion to the improvement of the department COMMUNITY Involvement - Participates in department and community events Family - Supports coworkers, their families, and the community 1 1 1 1 r i i 1 1 FIRE -e & Rescue Ashland Fii ~SNLAp~ 2013 Annual Report RESCUE 1987 CHIEF'S REPORT 1 ' DEPARTMENT INFORMATION 3 FIRE AND EMERGENCY OPERATIONS 9 t EMERGENCY MEDICAL SERVICES ...............................................11 FIRE AND LIFE SAFETY ................................................................13 FOREST DIVISION ........................................................................15 ' CERT AND CPR ............................................................................17 ' TRAINING ....................................................................................19 ' EMERGENCY MANAGEMENT AND PREPAREDNESS ....................21 PERSONNEL ................................................................................23 THE ASHLAND FIRE & RESCUE TEAM ..........................................25 t 1 1 1 1 t 1 1 CHIEF'S REPORT Ashland Fire & Rescue is pleased to present our annual report for 2013. This report is an an- nual overview of the highlights and accomplishments of Ashland Fire & Rescue. The depart- ment responded to 3,548 calls in 2013. The department has averaged a 2.2% increase in re- sponses each year over the last 10 years. The City received its Insurance Services Office (ISO) grading from an evaluation performed in 1 late 2012. This grading, known as the Public Protection Classification (PPC), is used by most insurance companies to determine fire insurance rates. The City maintained its PPC of a 4 (range of 1-10, 1 being best) by virtue of a score of 2 for both the water system and dispatch ' center and a 5 for the fire department. The areas needing improvement for the fire department remain the same: the need for a ladder truck, training center, and increased staffing. 1 • 2013 FIRE FACTS 3548 INCIDENTS • TO IN 2013 ' 693 NUMBER OF OVERLAPPING RESPONSES 2275 EMS • 86 FIRE RESPONSES IN 2013 5.3 AVERAGE RESPONSE TIME IN MINUTES WITHIN ASHLAND 1593 NUMBER OF PATIENTS TRANSPORTED ' .1 • FIRE PREVENTION BUILDING INSPECTIONS 3% PERCENTAGE OF INCREASE IN RESPONSES IN LAST 12 MONTHS ' 3 AVERAGE NUMBER • MEMBERS 'TURNING OUT' FOR EACH CALL ' The grand opening of Fire Station 2 was held on February 14th and the facility was occupied by department personnel the following day. The project was completed within budget. Funding for this project was through a $3 million general obligation bond. ' The department contracted for two new fire pumpers to replace older units that have exceeded their service life. Delivery is expected in April from Pierce Manufacturing in Appleton, WI. The department initiated the citizen-phase of its emergency preparedness effort. Two work- shops were held for citizens where they learned about regional hazards, preparedness sugges- tions, and provided with 72-hour kits. Over 340 citizens participated in the Ashland is Ready (AIR) workshops. The Ashland Forest Resiliency Stewardship Project completed phase I and expended the $6.2 million American Recovery and Reinvestment Act dollars that were provided. The project is moving into the next phases while identifying funding needed for completion. ' Thank you for your interest in Ashland Fire & Rescue, please take a moment and look over our annual report. If you have any questions please feel free to contact me. ' Ashland Fire & Rescue 2013 Annual Report CHIEF'S REPORT (cont'd) r ~ 6 Al 4o IJ t t 1 FE R A 20 3 ' ® ' Ashland Fire & Rescue 2013 Annual Report DEPARTMENT INFORMATION ' GENERAL Ashland Fire & Rescue provides fire suppression, fire prevention, emergency medical, rescue, and watershed management services to the 20,295 citizens and 6.52 square miles of Ashland. Ashland Fire & Rescue also provides emergency medical transportation for Jackson County Ambulance Service Area 43 making up 650 square miles from the California border to Phoenix. Ashland Fire & Rescue also provides the following services: Firewise Communities Child Safety Seat Installation ' Fire Adapted Communities Public Safety Education City Emergency Management Ashland Response Team Emergency Preparedness Citizen Alert and 1700 AM Radio 1 CERT and CPR Smoke and Wildfire Hotline ' HISTORY Ashland Fire & Rescue traces its heritage to Hose Company I that was formed in 1887. The first "fire station" was a shed t built in 1888 at the city jail to house the hose cart. Ashland Hose Company 2 was formed in 1891. Later that same year, the City Council established the Ashland Fire 1 Department comprised of both hose companies that later moved into the new City Hall in 1893. In 1905 the first Fire Chief, David D. Good, was selected and in 1908 the Fourth ' Street Fire Station was built. In 1911 the two hand-pulled hose carts were replaced with a hose wagon pulled by horses. The hose wagon was phased ' out in 1913 with the purchase of a gas-powered American LaFrance Chemical Engine. That year City Hall was remod- eled to accommodate motorized fire apparatus, and the city ' hired a Fire Chief and Driver. I t t STAFFING ' Ashland Fire & Rescue has 27 line personnel, all paramedics, and a total staffing level of 33.8 FTE's. The daily staffing level for line personnel is a minimum of eight and maximum of nine. Line personnel work a schedule of 48 hours on-duty then 96 hours off-duty yielding a 56 hour work week. Additional personnel may be called in during extreme fire weather, large emergen- cies, and for special events. The department has a Fire Chief who also functions as the Operations Chief and Emergency ' Manager. There are three Division Chiefs. One Division Chief oversees emergency medical, one oversees fire and life safety matters, and one oversees all watershed and forest lands wild- fire protection issues. Line personnel are broken down into three platoons, A, B, and C shifts. ' Each platoon has a commander known as a Battalion Chief who oversees all activities of that ' Ashland Fire & Rescue 2013 Annual Report 1 shift. Each shift also has two Captains, one assigned at each station. Each shift has two engi- neers who are trained to operate the fire pumpers, one assigned to each station. The remainder of each shift is made up of Firefighter/Paramedics who are assigned either to the ambulance or pumper depending on the nature of the response. Shift members may also qualify to fill a posi- tion above their current rank if a vacancy exists. All shift personnel are certified to perform fire safety inspections in low hazard occupancies such as retail shops and apartment buildings. Shift personnel also conduct child safety seat inspections and some are CERT and CPR instruc- tors. GOVERNANCE AND BUDGET Ashland Fire & Rescue operates under Oregon Revised Statutes 476 and Article MIT of the ' City Charter. Ashland Fire & Rescue enforces numerous codes relating to building construc- tion, fire and life safety, wildfire hazard zones, and wildfire fuels management. ' The 2013 budget for Ashland Fire & Rescue was $5,942,575. Ashland Fire & Rescue also managed $3,737,989 from the water fund that was used primarily for the Ashland Forest Resil- iency Stewardship Project in our watershed. Ashland Fire & Rescue charges for services such ' as ambulance response and transportation of patients, plan reviews, fire safety inspections, and certain hazardous materials spills, motor vehicle accidents, and remote area responses. TYPES OF RESPONSES ' This chart shows the general types of incidents that the department responds to. Some responses ' require a code 3 response (red lights and siren) while for others a code 1 (no red lights or siren) response is appropriate. Special Incident Incidents by Type: , False Alarm .31% 7.38% Fire/Explosion 2.71h Good Intent Call 17.61% Service Call % 6.04% ,,10 ,g =x Emerge ncy; Hazardous Medical Condition 1.05% WHEN INCIDENTS OCCUR ' The next three charts show the percentage of responses broken down by month of the year, days of the week, and time of day. Information such as this helps the department plan its non- emergency activities. ' Ashland Fire & Rescue 2013 Annual Report 1 ' DEPARTMENT • • ' Percentage of Incidents by Month ' lo.oo% ' 8.00% 7.00% 6.00% ' 5.00% oa&J aJaaJ aar pQi• ~aJ lJCe J lac ~¢v Cr p Qti¢ p8 0,¢ ' Percentage of Incidents by Day of Week v.oo% 16.00% 15.00% 14.00% ' 13.00% 12.00% 11.00% ' 10.00% Sunday Monday Tuesday Wednesday Thursday Friday Saturday. 3 ` 7' ti Percentage of Incidents byTime of Day 7.00% ' 6 00% 5"00%,, z~a m. r x aas.A. w,v. m -ate: urs4 w ' 4.00% - - 3.00% 2.00% t 1.00% 0.00% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O rl N M Q tlt tO C` 00 Ot O r-I N M Q Vf b C` W Ol O rl N M rl rl rl rl rl H '-I N r1 rl N. Nu N F ' Ashland Fire & Rescue 2013 Annual Report 1 DEPARTMENT • 1 FIRE STATION I 1 455 Siskiyou Blvd. \ ~ 1 2011 CHEVROLET COMMAND VEHICLE 1 SH N0 HE 'RE IfE' XT nbA' iLl + lip 2003 PIERCE WILDLAND 1 INTERFACE ENGINE OPP 2002 PIERCE TYPE 1 PUMPER I1 2007 TYPE 6 BRUSH ti 1 1991 E-1 TYPE 1 PUMPER ENGINE qP Ashland Fire & Rescue 2013 Annual Report ® 1 1 DEPARTMENT INFORMATION (cont'd) ' FIRE STATION 2 1860 Ashland St. i' ~I t - 1 2008 LIFELINE AMBULANCE ' 1993 PIERCE TYPE 1 ?a- PUMPER 2003 LIFELINE AMBULANCE 2003 FORD TYPE 6 ' BRUSH ENGINE TECHNICAL RESCUE TRAILER Ashland Fire & Rescue 2013 Annual Report 1 1 1 1 FIRE and EME14GENCY OOPERATIONS Ashland Fire & Rescue responds to a wide variety of call types within the City of Ash- land and our Ambulance Service Area - (ASA #3). The department also responds to and receives aid from neighboring jurisdic- tions under mutual and automatic aid agree- r t ments. The department also participates with other state resources through Oregon's Emergency Conflagration Act managed by the Oregon State Police/State Fire Marshal. Jackson County Fire District 5 and Ashland Fire & Rescue also have a cooperative agreement to rotate "Duty Officer" assign- eh G e x tea A ments so that both departments can get a ' second Chief Officer responding if the inci- (ECSO), a dispatch and PSAP (public dent is significant. Several officers in the safety answering point) center located near department also participate in the Rogue the Medford airport. Both Ashland Police Valley Fire Chief's Incident Management Department and Ashland Fire & Rescue pay ' Team. All line personnel at Ashland Fire & a fee to ECSO based on population of area Rescue are EMT-Paramedics. served and number or responses. For Ash- Ashland is divided into two fire response land Fire & Rescue the average dispatch districts. Fire Station 1, 455 Siskiyou Blvd., "cost" per call is just over $45. serves District 1 and Fire Station 2, 1860 Ashland Fire & Rescue maintains hazard- Ashland St., serves District 2. District 1 has ous materials technician certifications for approximately 74% of the responses and three line members. Hazardous materials District 2 approximately 26%. Most of the releases are rare for the Rogue Valley but ' responses to the Green Springs the 1-5 corridor area and incidents brings s a strong potential for a on 1-5 are handled significant haz- by Station 2. The mat event. The administration department also staff are assigned maintains the to Fire Station 1. , ability for basic As with all fire radiation detec- t departments in tion through an Jackson County, inventory of Gei- Ashland Fire & ger-Muller me- Rescue is dis- ters and personal ' patched by Emer- dosimeters. gency Communi- Ashland Fire & cations of South- Rescue also ' ern Oregon dams Fire a espo se maintains a num- ' Ashland Fire & Rescue 2013 Annual Report 1 FIRE and EMERGENCY • ' ber of members trained in technical rope ceived some funds from the State and ' rescue and confined space rescue, a highly FEMA to help reimburse costs for those technical discipline. The department has a responses. trailer with its technical rescue equipment Ashland Fire & Rescue responded to 86 fire ' located at Fire Station 2 that can be towed incidents in 2013, an increase of 10 from to an emergency scene. 2012 though the total fire loss was reduced Ashland Fire & Rescue was able to replace considerably from 2012. ' all of its aging rope and technical rescue equipment with new items through a FEMA With new vehicles having more robust con- Assistance to struction for safety reasons and using vari- ' Firefighters ous micro- Grant of over alloy metals, $76,000. - - the depart- ' This equip- ° e■ ment is pur- ment is used suing fund- for low and ing for new ' high angle z h y d r a u l i c rescues, con rescue equip- fined space ment (jaws - and trench t of life) to replace its rescues. The department current 20+ ' utilizes thesef year old ex- t r i c a t i o n disciplines for vehicular equipment. ' accidents in The current ` _ rescue equip- the moun- tains as well SO es a ss~s a r ins ment is not ' as remote able to area rescues breach and of hikers and mountain bikers. manipulate many of the new cars being ' Jackson County experienced a low fre- built today. quency of wildland fires this year though Members of the department hold annual fire local resources responded numerous times and life safety training for the resident as- ' to Josephine County fires under regional sistants of SOU. The resident assistants are mutual aid agreements. Jackson and Jose- taught evacuation procedures, fire safety phine County Fire Departments are mem- and basic fire suppression skills. bers of the Rogue Valley Fire Chiefs Asso- Two firefighters are members of the South- ciation and as such have strong agreements ern Oregon Critical Incident Response and model policies in place. Due to some of Team. SOCIRT maintains a team ready to ' the fires in Josephine County being declared respond and assist first responders after dif- conflagrations, Ashland Fire & Rescue re- ficult events. 1 m ' Ashland Fire & Rescue 2013 Annual Report 1 ' EMEIZGENCV MEDICAL SERVICES ' Ashland Fire & Rescue has been providing sary medications. Revenues were again high quality ambulance services to the resi- negatively impacted by changes in Medi- dents of south Jackson County as the pri- care compensation calculations and the ' mary ambulance service provider since overall reduction in reimbursement. Con- 1996. We consistently meet the standards gress did not pass a one-year renewal of the and requirements of our Ambulance Service Ambulance Relief Act that had previously Area (ASA) agreement. This year Ashland provided a two percent increase in ambu- Fire & Rescue responded to over 3,500 calls lance services reimbursement. Ashland Fire for service, a 3% increase over last year. and Rescue went before the Jackson County ' Paramedics responded Commissioners and to over 2,275 medical was awarded an in- calls and transported ` crease in the base rate nearly 1,600 patients to for transports begin- the area's three hospi- h y ning on January first, tals. Ashland Fire & which brings our ' Rescue's average re- , - rates closer to the sponse time within the other ambulance ser- city of Ashland was vice providers in the approximately 5.3 min- area. Call volume for utes. 2012 was up slightly compared to the pre- Ashland Fire & Res- t~~~'~ P vious year, and again cue's Fire-Med sub- 4 ten; this year we saw an scription program of- fers low cost ground increase of 3% in call Sq~A' volume. This Febru- ambulance subscription ' services with sign ups ary, July and Decem- "e' ber saw spikes in in October of each ' u calls (371 in Decem- year. In addition to ber) with as many as e regular ground Fire- 27 Med membership, Ash- 'r riin one 24 hour p - our staffing land Fire & Rescue has rlenged nd, which staffing negotiated an agree- e O e e esc e O and re _ and response. ment with Mercy O Blank er Flights Air Ambulance Ashland Fire & Res- to provide Air service cue personnel logged for our "Fire-Med Plus" membership. This a total of 1,536 hours of EMS training this year the Fire-Med program had 1,453 year with each person receiving an average ' household memberships covering 2,769 of 48 hours of individual training in addi- members and transported nearly 300 Fire- tion to fire training, responding to emer- Med members. gency calls and completing their other as- In 2013 our department continued to face signed departmental duties. technical changes and challenges for emer- All Ashland Fire & Rescue personnel com- gency medical services. There were still a pleted the necessary state requirements of ' number of system wide shortages of neces- continuing education, training and skills ' Ashland Fire & Rescue 2013 Annual Report m EMERGENCY MEDICAL , requirements and renewed their State of suffer an emergency event that may not be ' Oregon Emergency Medical Technician Li- recognized or reported for an extended pe- cense at their current level in June. riod of time, increasing the risk of increased Ashland Fire & Rescue continues to im- morbidity and mortality. The department ' prove its operations through the use of tech- has created the framework and criteria for nology. This past year Ashland Fire & Res- the program and has run an initial beta test. cue has been working on several projects to The department will continue to refine the ' increase the quality service to our commu- program and determine its feasibility over nity. To increase efficiency and effective- this next year. ness in daily operations the EMS Report Ashland Fire & Rescue has continued to ' Quality Assurance program was updated. pursue all eligible grant opportunities. The program was converted to a computer Grants awarded by State EMS for Children based program which was previously com- allowed us to conduct several required pleted with paper copies. The program was training events in Advanced Life Support in restructured to provide a peer review based house. This not only completed the require- system with an on-screen fillable form al- ment for re-licensure but allowed funds to ' lowing feed back through an automatic e- be redirected to other needed training. Ash- mail response system. With the new system land Fire & Rescue has also facilitated the in place, we have realized an improvement placement of a public access AED (heart in the quality of reports and improved ac- defibrillator) through a generous grant from ceptance of Q.A. Another way we have in- the Ashland Firefighters Local 1269 at the creased efficiency and reduced paper was to city's Senior Center this past November. change our "ride-along" program registra- The AED was presented to the Senior Cen- tion to an on-line tillable form on the city/ ter at the annual Thanksgiving dinner that department website. This new feature has the department and firefighter association ' improved the EMS web site for the public provide to the seniors each year. by providing answers to frequently asked The department technical committee has questions about this program. embarked on a project to update our EMS ' As our mission statement says "Ashland patient reporting system to meet new and Fire & Rescue is dedicated to protecting current standards. This new program will lives" and in that vein we have been work- enable paramedics to document treatment, , ing to protect all of our citizens. The fire complete their reports and send them to the department is concerned about our shut in receiving hospitals from the ambulance seniors who have no one that checks on rather than waiting until they return to the them regularly. The department is develop- station. This new system incorporates new ing a program using the citizen alert system and more efficient technology software to called "Ashland Checking In." The purpose manage many aspects of the department's ' of this program is to provide a safety net for EMS operations. We hope to complete this those individuals who are at risk by age, project in 2014. handicap or medical disability who may 1 Ashland Fire & Rescue 2013 Annual Report ® ' 1 1 FIRE and LIFE SAFETV Jill The Fire & Life Safety Division is primar- ily focused on activities that save lives and ' property by preventing fires. Prevented fires are difficult to measure; however, statistics do show that fire prevention efforts make a q difference in the safety of a community. As- . signments of the Fire & Life Safety Divi- sion include plans review, fire code en- forcement, weed abatement, fire investiga- C, nn bons, public information, public education, CERT and public CPR training. The Fire & F~ Ba o F~ ec a a e i -1 s Be n t o a ma L"qui Czon all e ' October and are working towards obtaining their Oregon Fire Inspector I certifications. Because of the timing of the approval, a sig- nificant increase in inspections has not been n a i e re a wn 1 s ec ~o recognized yet. However, it appears that we ' Life Safety Division was staffed with two full time personnel, the Division Chief/Fire Marshal and the CERT Coordinator, one =w ' temporary Weed Abatement Coordinator, eight hours per week administrative support person, and three firefighters conducting target hazard fire inspections. The interim ' CERT Coordinator was promoted to the $ • F. permanent position in the fall. After being approved to use 50 days of ' overtime for fire inspections in target haz- ards, three firefighters were selected and ' trained to conduct these inspections. These three firefighters have started their inspec- tions, and are finding opportunities to make Fire Or ginated all a d a our community safer. Each of them passed Ito e A s m ' Improper Instal o of a 3to e their Fire Inspector 1 code certification by ' Ashland Fire & Rescue 2013 Annual Report FIRE and LIFE SAFETY (cont'd) will be able to inspect all of our commer- with the Water Department to determine the ' cial, school and apartment buildings every available water to design the fire sprinkler other year. The ultimate goal is to provide systems. annual inspections, however that will re- Summer weed abatement came on fast and ' quire additional staffing. furious as 515 properties were inspected. Occupancy inspections were conducted by Eighty-eight properties were found to be in Ashland Fire & Rescue on Halloween night. violation, and one citation was issued. A ' total of 53 complaints were received for properties in violation of the weed abate- ment requirements. The citation resulted in ' the offender pleading not guilty, going to SITED trial and being found guilty by the judge. At least 45 press releases were issued by the ' CITY OF department to inspire fire prevention and to HLANqD~ inform the public about the events of the yMwaNlMn.usku'~4~Y {yi - , 1 FIRE L ~OEF v 0 was," Ne Fire Da ger Messa e Boa a re St ion Fie afe © • on a ' There were two instances of overcrowding Be vi c ec and blocked exits identified. Two establish- department. These news releases led to ments were cited for both overcrowding and seven live news reports, four live radio in- blocking exits. They both plead guilty to the terviews, numerous recorded television and overcrowding and not guilty to the blocked radio interviews and many print articles. ' exits. The trials are pending in 2014. With the construction of Fire Station 2, a There were 398 plans reviewed including two-sided sign board has been added to the site, landscape and fire breaks in the wild- Ashland Street side of the building. Includ- , fire hazard zone, building, fire alarm, fire ing the signs on North Main and at Hwy 66 sprinklers, kitchen hood suppression sys- there are three on-street opportunities to tems, and planning applications. Of these provide safety messages. ' reviews, 14 fire sprinkler plans were re- viewed to be installed in nine single family Fire safety education was presented to 20 homes and five commercial structures. All grade school classes and to the SOU resi- ' of these fire sprinkler plans were required dential life staff. There were also five fire by codes specifically or as an alternative to extinguisher classes and 23 station tours. fire apparatus access or firefighting water Fifteen hours of Fire Safety Officer standby supply. Sixteen flow tests were conducted for the movie Wild were provided. Ashland Fire & Rescue 2013 Annual Report ® ' 1 ' FOREST DIVISION Ashland Fire & Rescue's Forest Division • Wildlife, soils, and vegetation monitoring guides wildfire mitigation, prevention and over thousands of acres forest stewardship to help protect homes, To augment on-the-ground activities, com- 1 property, and the City's municipal water sup- munity engagement, multi-party monitoring, ply. Forest Division staff partner with citi- workforce development, and education were zens, state and federal agencies, and non- key components of AFR in 2013. A video, ' profit groups for healthier and safer forests "Fire for Water: Forest Restoration for Ash- and neighborhoods under the Firewise Com- land" was produced in 2013 as part of the munities, Ashland Forest Resiliency and the AFR community engagement effort. The t developing Fire Adapted Communities pro- video is available at the AFR website home- grams. City forestlands management, water- page at www.ashlandwatershed.ore. shed fire patrol, wildfire prevention and edu- City Forestlands cation, wildland fire training, and the City's Forest Lands and Firewise Commissions Implementation of the Winburn Parcel heli- were also part of the Forest Division's pro- copter thinning project, 21 acres of pre- gram of work in 2013. scribed burning, and updating the Ashland Ashland Forest Resiliency Project (AFR) Forest Plan took place in 2013. The Winburn project is the result of the Winburn manage- The AFR project hit mid-stride in 2013 with ment plan that was passed by the Commis- the completion of work using $6.5 million of sion and Council in 2007. To accomplish a federal Economic Recovery more sustainable and resil- "stimulus" dollars received lent forest ecosystem, trees in 2010. Roughly half of the *"k were removed from 75 7600 acre footprint has now acres on the 160 acre par- been completed. The City eel of land in the middle of ' and partners, the U.S. Forest the watershed. To meet Service, The Nature Conser- ecological needs first the vanc and Lomakatsi Resto- y project needed supplemen- t ration Project, made signifi- , x - tal income to pay for ex- cant progress toward a safer pensive helicopter thin- and more resilient forest eco- ning. The Nature Conser- system. Activity in 2013 in- vancy provided grant dol- cluded fuels reduction thin- lars from the Forest Ser- ning and controlled burning vice under a program to ' R along with ecologically in- Media Tour u expand the AFR project formed tree removal by heli- eiicop a inning onto adjacent non-federal copter along the eastern bor- land. This grant filled the der of the City's municipal watershed. To funding gap in order to make the Winbum date, the AFR partners have accomplished: project a reality on the ground. The City's • 2,203 acres of wildfire fuels treatments forestry contractor, Small Woodland Ser- vices, Inc., has followed up by piling slash • 1,010 acres ecologically sensitive logging and will burn those piles in Winter/Spring • 1,198 acres of controlled burning 2014. Prescribed burning took place on two • 1,6 full timejob equivalents units close to homes and bordering trails. ' 2,000 students educated This is the second year of the prescribed bum ' Ashland Fire & Rescue 2013 Annual Report 1 • 1 • , program, aimed at both reducing wildfire risk Week (May). The events included informa- and reintroducing the role of fire as an eco- tion and materials at the Ashland Public Li- logical process in our local forests. The For- brary along with story times on wildfire pre- est Lands Commission began an arduous paredness with special appearances by ' process to update the Ashland Forest Plan, Smokey Bear. The Firewise in the 4°i Grade originally crafted in 1992. The plan update educational program and poster contest con- will reflect significant progress made since tinued for the second year in four local ele- ' that time and chart a renewed course for man- mentary schools, and resulted in the presenta- agement of the City's forest- tion of the "Firewise Five" to over land ownership. I 150 students. A Firewise Clean-Up My home is ' Firewise Communities Day event was held in Ashland I Fill during Firewise Week that allowed Ashland's Firewise Commu- j yours? City residents to dispose of yard nities program continued to debris for free. This event was co- achieve success through a ordinated with Recology Ashland variety of wildfire mitigation Sanitary Service, and was a huge and education activities. As success, surpassing all expecta- ' part of a comprehensive wildfire education tions with 525 yards or 65 tons of debris col- and prevention program, Firewise Communi- lected. In November, the Firewise Communi- ties recognizes neighborhoods that work to- ties Coordinator, Ali True, presented at the , gether to craft wildfire preparedness solu- national Firewise Backyards and Beyond tions. Ali True, Firewise Communities Coor- conference in Salt Lake City regarding Ash- dinator, delivered individual wildfire safety land's unique urban wildland fire mitigation ' home assessments, grant-funded reimburse- strategies and solutions. ments for removing hazardous vegetation Fire Adapted Communities around homes, and created and distributed ' educational materials regarding wildfire pre- Ashland Fire & Rescue is adopting the na- vention. Two significant grants assisted in the tional Fire Adapted Communities (FAC) pro- program's success. The first, from Jackson gram, which is part of the larger National Co- County Title III funds, paid for a portion of hesive Wildland Fire Management Strategy. ' the Firewise Communities Coordinator posi- The FAC program will guide all of Ashland's tion. The second, a $75,000 grant from the wildfire preparedness activities once adopted. Oregon Department of Forestry, paid for Division Chief Chambers attended a six-day ' grants to property owners to reimburse the training at the national fire academy in Mary- removal of hazardous vegetation up to $500, land and will guide implementation of the as well as grants for hazardous fuels removal FAC program in the coming years along with ' in recognized Firewise Communities. For the the Firewise Commission and community third year, this grant was made available to partners. all city residents, including those outside the Watershed Patrol ' Wildfire Hazard Zone. Watershed Forest Patrol continued under a The Firewise Commission, a group of dedi- cooperative agreement between the City, U.S. cated citizens working to inform and prepare Forest Service and the Jackson County Sher- ' Ashland for wildfire, continued to provide a riff s department. A deputy patrols city and host of innovative programs and opportuni- federal land in and around the Ashland Wa- ties to city residents. The Firewise city-wide tershed two days a week to discourage activi- ' efforts included events centered on Firewise ties that increase the risk of wildfire. Ashland Fire & Rescue 2013 Annual Report m , 1 1 ' CERT volunteers busily trained throughout sult of the training they received and the the 2013 year with many agencies and the value they felt toward supporting the com- City of Ashland to strengthen our capabili- munity and fire department. Current mem- ties and skills in several areas including bers spent over 400 hundred hours collec- providing firefighter rehab to assisting in tively planning and implementing the final running the Emergency Operations Center. simulations for both training sessions. ' CERT members volunteered more than CERT members participated several ad- 2,100 hours in 2013 assisting with basic vanced training sessions focusing on track- training, attending meetings, trainings, and ing resources, incident management and other events including assisting the City of command structure, firefighter rehab, and Ashland in the annual functional exercise, assisted evacuations. Members also partici- the Ashland Police Department in the cam- pated in a wildland urban interface walk, ' pus shooter simulation, the Ashland Cham- highlighting the importance of pre-planning ber of Commerce at the annual Fourth of July Parade, and Ashland Fire & Rescue with the Ashland Is Ready (AIR) event. Ashland CERT coordinated many public and member awareness sessions in 2013 ' including a Jackson County Search and Rescue presentation and swift water aware- ness session, Avista Utilities natural gas ' awareness session, weather conditions pre- sented by the National Weather Service, Oregon Health Authority presented triage t for mass casualty incidents, and a radio communications session was provided by Jackson County Amateur Radio Emergency and knowing specific neighborhoods in the ' Services group. urban interface for evacuation purposes. Two Basic Training sessions were held in Members also learned the importance of partnership with Southern Oregon Univer- solar storms through a tabletop exercise and sity graduating 39 participants including I 1 how a solar storm may impact our abilities, students from the university. Twenty-six and the protocols for opening bases and es- participants joined Ashland CERT as a re- tablishing staging and teams for response ' during incidents. Public outreach efforts this year continued OQT~ to focus on the Map Your Neighborhood "r program facilitating neighbor gatherings ~ focused on readiness, response, and resil- iency, fifth grade disaster family planning ' for students and parents, supporting the Southern Oregon CPR Initiative teaching seventh grade students hands-only CPR, ' and basic training and membership promo- tion at local events and other venues. CERT ' Ashland Fire & Rescue 2013 Annual Report m CERT and CPR (cont'd) was instrumental in providing personnel eluding HeartSaver First Aid / CPR / AED, staffing. to open a relief shelter for those Adult CPR HeartSaver, and Basic Life Sup- seeking solace from the smoke filled skies port for Healthcare Providers. We also offer ' as a result of area wildfires. our Family and Friends course that is avail- able to those of all ages to give them CPR CPR Program skills (hybrid class). Additionally we cur- ' rently provide annual CPR training to sev- Ashland Fire & Rescue continued our com- enth grade students in Jackson County mitment to life safety and the public by con- through a partner program the "Southern tinuing to recognize the importance of CPR Oregon CPR Initiative" with partners in- 1 training. Community - eluding local EMS wide CPR training is a agencies, local chap- critical tool in life- ter of the American ' saving. Continued en- Association of Criti- hancement of the com- cal Care Nurses, and munity's ability to rec- the AHA. , ognize and respond to cardiac arrest will help Instructors certified increase survival rates. 90 community mem- , Nearly 80% of cardiac" bers including Ore arrests occur outside of gon Shakespeare Fes- the hospital (for exam- tival and seasonal , ple, at home, work, the Ashland Parks & park, or your favorite Cr G establishment). Ap- S 00 Recreation employ- proximately 92% of ees. Additionally 14 ' cardiac arrest victims community members do not survive. Often bystanders do not step were exposed to CPR through our Family & in & perform CPR as they haven't received Friends course in September. Furthermore, training or their training is not current. in cooperation with the CPR Initiative, 488 Ashland Fire & Rescue's commitment in- seventh grade students were trained in ' eludes initial training and sustainment of hands-only CPR. The students had the as- certified instructors credentialed through the signment to go out and teach the same skills American Heart Association (AHA). Cur- to five others resulting in ' rently seven staff members are trained Immediate and effective up to 2,400 individuals and credentialed as • bystander CPR being CPR trained sup- instructors. We offer ported by Ashland Fire three certification can triple the & Rescue. training strands in- chance of ' survival wL , Ashland Fire & Rescue 2013 Annual Report ® ' ' During 2013 Ashland Fire & Rescue's pri- mary focus was to meet state and federal I~ requirement for maintaining individual cer- tifications and the department's fire protec- tion rating from ISO. The department 1 passed a training review and renewed its training agreement with Oregon's Depart- ment of Public Safety Standards and Train- ing. The focus for next year will be on rais- ing the certification level of all personnel from Firefighter I to Firefighter II through ' additional training and proficiency testing. The department publishes a monthly com- prehensive training schedule that is admin- istered by the Station 2 Captain. This in- cludes EMS, structure and wildland fire vention, technical rescue, driver and pump suppression, command and control, fire pre- operator, and various administrative train- ing opportunities. In December the department ser- viced and repaired its live-fire training trailer that had been out of service. The trailer provides realis- tic training and experience to de- partment personnel and will en- hance the quality and realism of training scenarios. The trailer was ' moved from Fire Station 2 to the City's B Street yards. A new mobile fire pump drafting trailer was purchased that will pro- vide additional fire pump opera- tional training. This type of training f' was previously only available by sending personnel and equipment to other area fire departments that ' have a pump pit. The drafting } trailer will also be utilized during the annual fire pump testing and ' certification that is required. e o o ss ~ es e- Department personnel participated COFt a ~O in Weapons of Mass Destruction ' aba a training in Anniston, Alabama, de- Ashland Fire & Rescue 2013 Annual Report TRAINING (cont'd) livered by the Department of ' Homeland Security. This course teaches proper response and de- l contamination tactics for a variety of WMD agents and scenarios. The department hosts annual con- - ' fined space rescue training. This event brings in personnel from ju- risdictions throughout the west coast. This discipline is highly ' technical and demands recurring training to maintain adequate pro- ficiency and safety margins. t r a •e c aiig Forestry Division Chief Chris Chambers coordinated and taught ' the annual wildland urban interface class for safety. The Mountain Ranch neighborhood firefighters from Ashland. Firefighters (Green Meadows Way) hosted the 2013 learn and practice skills crucial to home training, allowing firefighters to learn the ' protection during a wildfire event in Ash- details of a local neighborhood, a great land or fires throughout Jackson or Jose- benefit during training. phine Counties. Home assessment, or triage, The department conducted an internal acad- ' and tactical firefighting skills are stressed within a framework of firefighter and public emy for engineer candidates from January until June. This vol- untary academy is designed to provide candidates training that is specifically ' applicable to that position. Candidates t'W are provided class- @t room and manipulat- ive training to better prepare them for the • engineer position. The department al- ternates the engineer academy with a cap- ' tain's academy. x Each academy is presented every III BMW, e @ other year. Ashland Fire & Rescue 2013 Annual Report r EMERGENCY MANAGEMENT and PREPAIIEDNESS The Fire Chief for Ashland is also the City's Emergency Manager. The Emergency Manager is responsible ' for the training of employees for re- sponse to an emergency as well as the City's hazard assessment and preparedness of the citizens and businesses for those hazards. t The department manages the City's mass notification or "reverse 9-1-1" system, known as Citizen Alert. This system also has the abil- ity to send notifications to City 'in ployees and volunteers. The depart- 'pshla a ' e e ess ment and Jackson County Emer- gency Management are partners o •s o with this system. The contract was number of stakeholders in the region. Each The renewed depart rt201ment 3 for two continues to additional market anyears.d City department may play a role in an EOC ' encourage citizens to "opt-in" to Citizen activation, and these exercises are an oppor- Alert which maximizes the system's bene- tunity for personnel to maintain proficiency fit. The department also manages the 1700 with emergency management skills. Several AM emergency radio, and the smoke and after action reviews were conducted at the wildfire hotline. This phone system carries conclusion of the exercise to identify areas needing improvement. This information t will be implemented in future exercises. It is the goal of the department to conduct one table top and one functional exercise ' "Remember, when the each year. disaster strikes, the The department is continuing with its ART ' (Ashland Response Team) program. This time to prepare has is a group of volunteers from Ashland who passed" have had emergency response or emer- gency management experience. The de- partment provides additional training as needed including participating in training ' offered by Homeland Security. In 2014 a constant stream of emergency prepared- three ART members will be attending an ness information and is updated during sig- Enhanced Incident Command training nifiicant or emergency events. course in College Station, Texas. These vol- unteers assist city personnel during activa- In March the department conducted a func- tions of the emergency operations center tion exercise for the City's Emergency Op- and may be summoned to field incident t erations Center. The exercise utilized a se- command posts during large events. This vere weather-based scenario and involved a Ashland Fire & Rescue 2013 Annual Report EMERGENCY MANAGEMENT ' La ' p. T O I 1 1 _ d Bea ' E C Fu c was a vise m arch group meets once a month at Fire Station 1 to continue these in 2014. ' where they prepare and train for activations. The department, working with Human Ser- The department initiated its citizen-based vices, developed an employee-based pro- phase of its program for emergency prepar- gram that further trains individuals identi- ' edness with the AIR (Ashland Is Ready!) fied floor wardens for City facilities. This workshops in September. Two workshops program is known as the Employee Emer- were held that provided information from gency Response Team (EERT). Sixteen em- ' experts on emergency preparedness, hazard ployees will participate and.be responsible identification and risk assessment. The for managing their respective area in terms workshops had two sponsors, Ashland's of emergency evacuation, accountability, ' Shop'n Kart and Asante Ashland Commu- hazard mitigation, and basic emergency nity Hospital. These sponsors helped under- medical and rescue procedures. This pro- write the costs for the attendees' 72-hour gram addresses the need for emergency pro- ' kits that were provided at the end of the cedures training that was identified by the workshops. Over 340 citizens participated City's insurer. The department's CERT gro- in these workshops. The department hopes gram will develop the training delivery. ' n i 1 a .z xil 1 ~e n? _ Met j ! c 1 Ashland Fire & Rescue 2013 Annual Report 1 PERSONNEL ' 2013 was a relatively quiet year for the personnel division of Ashland Fire & Res- , ' cue. Having successfully completed his one year probationary period, firefighter Nick i. t Palmesano officially joined the ranks of AF&R in June. Nick was born and raised in Ashland. Af- ter graduating from Ashland High School , in 2003, he attended the University of Oregon, earning a BS in Human Physiol- ogy. Nick returned to Ashland to pursue his lifelong goal of becoming an Ashland firefighter. Nick credits the positive inter- FI G T D ' actions he had with the local firefighters as ~,a p S O a child for influencing his decision to en- ter the field. As all AF&R personnel are coming to work for AF&R. In his spare ' required to be certified paramedics, Nick time Nick coaches girls basketball at St. enrolled in the year long paramedic class Mary's High School. He enjoys riding his at Rogue Community College. During this jet ski at Emigrant Lake, spending time ' time Nick was able to pick up experience with family and friends, attending Oregon while volunteering with Jackson County Duck games, and working out at the local Fire District #5. He was later hired by YMCA. Rogue River Fire District where he In June the department held an engineer's worked as a Firefighter/Paramedic before promotional exam. Eight candi- dates started the exam process x consisting of a written test and extensive practical scenarios. In the end, four candidates passed ' the exam and are now eligible for future promotions and are allowed to "work up" in the en- gineer's position according to department staffing require- ments. The exam process was ' preceded by an engineer's acad- emy held by the department. Over a five month period fire- fighters participated in depart- ment led training designed to O ut a e t a be 5 o a e give them the necessary tools ' T e o the Fi eW~se C51ea u Da, needed to perform the job of a fire engineer. ' Ashland Fire & Rescue 2013 Annual Report 7,7 In September, Reverend Jim Carty joined ' the department to serve as our volunteer Chaplain. Chaplain Curty grew up in the Rogue Valley and attended Phoenix-Talent schools. He graduated from Northwest _ Nazarene University in 1987 with a B.A. in ! Religion and later received a Masters of Di-' ' vinity from Nazarene Theological Semi- G nary. Chaplain Curty has worked as the Lead Pastor at Ashland GracePoint Church for the last 14 years. Chaplain Curty is both a member of the Rogue Valley Chaplain's Association and the International Confer- ' ence of Police Chaplains. As a Chaplain for AF&R, Jim is available to assist personnel and affected community members !J ' with support following and during difficult calls. Jim also tries to visit crew members from time to time to offer support during De a e Gha lain ' their day-to-day operations. Chaplain Curty C r~ is also available to assist the Ashland Police Department with difficult calls they may be ' tasked with handling. cise. AF&R also conducted a Battalion Chiefs In January, Chris Chambers, the Forest Re- promotional exam which occurred in No- source Specialist was reassigned as the For- vember. The four candidates who passed estry Division Chief. In November, Battal- the exam process were evaluated over a two ion Chief Dana Sallee passed his promo- day period. The exam consisted of a written test, promotability assessment, essay com- tional probationary period, officially taking position, oral presentation and tactical exer- the helm ofA Shift. Congratulations Dana. en~o , sg ut g ' D er the ne io a to Y Ashland Fire & Rescue 2013 Annual Report ® ' TIHE ASHLAND FIRE & RESCUE TEAM 1 ' ADMINISTRATIVE STAFF John Karns, Fire Chief Unfunded - Division Chief/Operations Greg Case, Division Chief Margueritte Hickman, Division Chief ' Chris Chambers, Division Chief Kimberley Summers, Administrative Assistant Ali True, Firewise Communities Coordinator Terri Eubanks, CERT Coordinator Jim Curly, Department Chaplain t ' LINE PERSONNEL A SHIFT B SHIFT C SHIFT Battalion Chief Dana Sallee Battalion Chief Scott Hollingsworth Battalion Chief David Shepherd ' Captain Steve Boyersmith Captain Curt Formolo Captain Kelly Burns Captain Todd Stubbs Captain Matthew Freiheit Captain Dave Hanstein Engineer Rod LaCoste Engineer Robert Stephens Engineer Justin Foss t Engineer Lance Menold Engineer Todd Beck Engineer Dave Roselip Firefighter Derek Rosenlund Firefighter Jennifer Hadden Firefighter Trent Stoy ' Firefighter Marshall Rasor Firefighter Ron Garfas-Knowles Firefighter Shannon Turner Firefighter Brent Knutson Firefighter Ashley Manning Firefighter Robert Trask Firefighter Nick Palmesano Firefighter Brian Anders Firefighter Tim Hegdahl Award aptain Captain Matthew 4eiheit received the Matthew Freiheit Fire Chiefs . ' "Outstanding customer ser- 2013 improving land Fire & Rescue" ' Ashland Fire & Rescue 2013 Annual Report 1 1 1 1 1 1 Ashland Fire & Rescue 1 i r, . 1 1 1 SERVING ASHLAND AND THE 1 ROGUE VALLEY SINCE 1887 1 1 1 } 2 ~n 5 t~t~I~LA x h e f > £ Y~ rt ~ 1 a r _ a 1 541-482-2770 ' www.ashland.or.us ' www.ashlandwatershed.org 1700 AM Ashland Emergency Radio t Smoke and Wildfire Hotline 541-552-2490 ' Follow Ashland Firewise on Facebook and Twitter ' CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Mayor's appointments to the ad hoc Committee on Downtown Beautification and Improvements FROM: John Stromberg, mayor, john@council.ashland.or.us SUMMARY At its December 17, 2013 meeting, the Council agreed to create an ad hoc advisory committee to come up with a plan for the expenditure of transient occupancy tax revenues that have been set aside for capital projects. The committee will consist of one representative each from the Planning, Historic, Public Art and Tree Commissions, along with two Chamber of Commerce representatives, two downtown property or business owners, and two citizens at-large. The committee will be tasked with developing for Council review a four-year plan for beautification and improvement projects, focusing on the downtown area. BACKGROUND AND POLICY IMPLICATIONS: The City has for the last several years, in each budget cycle, set aside a small portion of its tourism- related transient occupancy tax revenue for capital projects. There is approximately $128,000 budgeted in the current biennium, a very small portion of which has been spent on the downtown planter box project. The Council has discussed the merits of having a plan for the expenditure of these funds, focusing on the downtown area, in this and the next biennium and has agreed to create an ad hoc committee to create that plan for the Council's review. That plan will include guidance on how to use these funds in future budget cycles. Under the Ashland Municipal Code, the mayor appoints ad hoc committees with the consent of the Council. The following appointments are proposed: Planning Commission: Michael Dawkins Historic Commission: Kerry KenCaim Tree Commission: Russell Neff Public Arts Commission: Sandy Friend Chamber of Commerce: Pam Hammond, Lisa Beam Downtown property or business owners: Melissa Jensen (not confirmed), LuAnn David Citizens at large: Brent Thompson, Stef Seffinger Council liaison (non-voting): Greg Lemhouse In addition to developing a plan for the TOT funds, the committee can offer recommendations for projects that might be paid for from other revenue streams. Lastly, the committee will be asked to identify projects that might be undertaken immediately and be completed before peak tourist season begins. Page 1 of 2 1`, CITY OF ASHLAND FISCAL IMPLICATIONS: None. STAFF RECOMMENDATION AND REQUESTED ACTION: This item is scheduled for discussion only. Staff seeks direction on whether to schedule these ordinances for a future business meeting. SUGGESTED MOTION Move confirmation of the mayor's appointments of Michael Dawkins, Russell Neff, Sandy Friend, Kerry KenCairn, Pam Hammond, Lisa Beam, Melissa Jensen, LuAnn David, Brent Thompson and Stef Seffinger to the ad hoc Committee on Downtown Beautification and Improvement. ATTACHMENTS: None Page 2 of 2 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting First reading of an ordinance modifying the Verde Village Subdivision Development Agreement FROM: Derek Severson, Associate Planner, Community Development, derek.Severson@ashland,or.us SUMMARY The ordinance being presented to the City Council for first reading would modify the Verde Village Subdivision's Development Agreement to: 1) clarify the project phasing; 2) change the energy efficiency requirements so that all units would be built to Earth Advantage/Photovoltaic Ready standards; and 3) change the landscaping requirements associated with construction of the multi-use path. The proposed changes have been reviewed and approved by the Planning Commission and the Parks Commission. BACKGROUND AND POLICY IMPLICATIONS: The Verde Village Subdivision was approved by the City Council in December of 2007, and involved an 11.64 acre site comprising five parcels on the site of the old Ashland Greenhouses at 87 West Nevada and 811 Helman Streets. The subdivision included a number of approvals by the City of Ashland: • Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Low-Density Multi-Family Residential (R-1) and Suburban Residential (R-1-3.5) • Outline Plan approval to develop the property as a 68-unit residential development • Site Review approval for multi-family development • Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. • Tree Removal Permit • Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets. • Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site. • An Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy. Page I of4 11FALLA CITY OF ASHLAND • A land exchange with the City of Ashland dedicating 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park in the area of the access and to the south of the existing parking area. • A Development Agreement with the City of Ashland which governed the development of the subdivision to completion, and included a detailed timeline. This development agreement was adopted by Ordinance #2945 on December 19, 2007. A Site Plan of the Verde Village subdivision detailing the proposed development, and a Riparian Mitigation Plan detailing the approved riparian restoration, landscaping and irrigation associated with the multi-use path installation are attached as Attachment 6. Subsequent to the 2007 approval, the applicants dedicated property to develop 15 affordable units as part of the first phase of Verde Village to satisfy the affordability requirements of the annexation. Utilities and infrastructure, including the extension of Almeda Drive, were completed to serve these units, which are now built and occupied as "Rice Park at Verde Village." The applicants obtained Site Review approval for the remainder of the first phase, the multi-family cottage housing portion of the subdivision, in 2009. Prior to the installation of infrastructure or commencement of the remainder of the first phase of the development, the national economy suffered a major downturn which made it difficult for projects with approvals in place to obtain financing. The city has subsequently granted a 12 month ministerial extension of the development timetable, and an additional 12 month extension as provided in the Recession Extension Ordinance (#3007). In 2013, the Council approved Ordinance #3082 which granted a seven-year extension of all dates contained within the Verde Village Subdivision Development Agreement timetable to provide the maximum 15 year duration for a development agreement allowed by statute. The applicants are now requesting to modify the Verde Village Subdivision's Development Agreement to: 1) clarify the project phasing; 2) change the energy efficiency requirements so that all units would be built to Earth Advantage/Photovoltaic Ready standards; and 3) change the landscaping requirements associated with construction of the multi-use path with the hope that these modifications will enable the development to happen, and to happen more quickly. The Conservation Division has provided a memo, attached as Attachment 8, in response to the requested energy efficiency modifications and is generally supportive of the request. The Ashland Parks Department will ultimately take responsibility for the property along Ashland Creek which will include the new multi-use path segment and associated landscaping. The Ashland Parks and Recreation Commission considered the request at their December 23, 2013 and put forth a favorable recommendation which is attached, with supporting minutes, as Attachment 7. The Planning Commission considered the applicants' request at its regular meeting of February 11, 2014 and recommended that the Council approve the request with the addition of two conditions to the Development Agreement's Exhibit E "Verde Village Special Conditions. A memo detailing the Commission recommendation and the Planning Department staff report for that meeting are attached as Attachment 9. Page 2 of 4 IF740 CITY OF ASHLAND FISCAL IMPLICATIONS: The Parks Department has indicated that if the landscaped area required to mitigate the impacts of the multi-use path were reduced, it would proportionally reduce the long-term maintenance costs when Parks takes over maintenance this parcel, as further detailed in the attached Attachment 7. STAFF RECOMMENDATION AND REOUESTED ACTION: The Verde Village Subdivision envisioned a unique mix of housing types and energy conserving housing that Ashland had not seen before in a single development, and included connectivity improvements to better serve 15 now occupied Rice Park affordable housing units, the Dog Park, the Bear Creek Greenway and the surrounding community. Staff believes the economic downturn has unavoidably precluded realization of the applicant's original vision for the development, however staff also believes that most of the originally-envisioned benefits to the City from this development can still be achieved through a few modifications. For staff, the key concern with any changes in phasing is completion of the extension of Almeda Drive to provide permanent resident and emergency vehicle access to the already occupied Rice Park affordable housing and construction of Perozzi Street to provide permanent access to the Dog Park. The applicants proposed changes would complete both prior to any home construction for either phase. While the homes would no longer be the "net zero energy" homes originally envisioned, the level of energy efficiency proposed can still be found to support the original up-zoning approval in meeting the Comprehensive Plan's identified public need for energy and water conservation in new homes. If the project had not originally been up-zoned, the combined energy efficiency and affordability proposed here would have allowed the currently approved density through density bonuses. The change to a third-party rating system would simplify plan review and inspections for the city while providing a program with which designers, contractors, realtors, future homebuyers, lenders and investors would have a greater degree of comfort and familiarity. Given the Ashland Parks and Recreation Commission's general support for the requested changes and its desire to reduce Parks' long-term maintenance costs, staff believes that the landscaping and riparian mitigation to off-set impacts of the multi-use path installation can be reduced as requested without adversely impacting the Ashland Creek corridor. Staff recommends that the Council approve the requested modifications, with the two added conditions recommended by the Planning Commission, and first reading of the ordinance as amended and move it to second reading. SUGGESTED MOTION: Move to approve first reading by title only of the ordinance titled, "An Ordinance Modifying the Verde Village Subdivision Development Agreement," with the following amendments recommended by the Planning Commission and move it on to second reading. ATTACHMENTS: 1. Proposed Ordinance. 2. Ordinance Exhibit A - Fourth Amendment to Verde Village Development Agreement 3. Ordinance Exhibit B - Revised Exhibit E. Verde Village Special Conditions Page 3 of 4 CITY OF ASHLAND 4. Ordinance Exhibit C - Revised Exhibit F. Timetable of Development 5. Ordinance Exhibit D - Original Verde Village Council Findings 6. Verde Village Conceptual Site Plan & Riparian Mitigation Plan 7. Parks Commission Recommendation and Supporting Minutes 8. Conservation Recommendation & Earth Advantage Hand-Out 9. Planning Commission Recommendation and Staff Report 10. Applicants' Submittal Materials Page 4 of 4 ORDINANCE NO. AN ORDINANCE MODIFYING THE VERDE VILLAGE SUBDIVISION'S DEVELOPMENT AGREEMENT TO CLARIFY PROJECT PHASING AND MAKE CLEAR WHICH IMPROVEMENTS ARE REQUIRED WITH EACH PHASE AND TO ALLOW EITHER PHASE TO OCCUR FIRST; TO CHANGE THE ENERGY EFFICIENCY REQUIREMENTS FOR THE DEVELOPMENT SO THAT ALL UNITS WILL BE CONSTRUCTED TO AT LEAST EARTH ADVANTAGE GOLD STANDARDS AND WILL BE PHOTOVOLTAIC READY; AND TO CHANGE THE LANDSCAPING REQUIREMENTS ASSOCIATED WITH CONSTRUCTION OF THE MULTI-USE PATH. Annotated to show deletions 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 Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of 11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Single-Family Residential (R-1) and Suburban Residential (R-1-3.5); Outline Plan approval to develop the property as a 68-unit residential development; Site Review approval for a multi-family development; a Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area; a Tree Removal Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets; Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern comer of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings Ordinance No. Page 1 of 4 for the 27 cottages in the southwestern corner of the site; an Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy; a land exchange with the City of Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south of the existing parking area; and a Development Agreement with the City of Ashland which governed the development of the subdivision, and included unique, project-specific net-zero energy performance standards applicable to each home to be built, requirements for construction of a multi-use path within the riparian preservation corridor and for restoration, enhancement and maintenance of the riparian corridor, and a detailed timetable for completion of the project. WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance No. 2945 after consideration of the staff report, the recommendation of the Planning Commission, and the comments and evidence presented during the public hearings on the Verde Village Development Agreement between the City of Ashland, Oregon and Ashland Flower Shop and Greenhouses, Inc., and found and determined that the Verde Village Development Agreement was in the best interest of the public health, safety and welfare of the City of Ashland; met a public need and provided a public benefit; and was consistent with all applicable City of Ashland laws and ordinances; and WHEREAS, on January 5, 2009 the subject properties were sold by Ashland Flower Shop and Greenhouses, Inc. to WILMA LLC, the company owned by the original applicants, Greg and Valri Williams,. to carry out the development of the properties. WHEREAS, on July 17, 2009 the Planning Director approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market; and WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in accordance with the Recession Extension Ordinance; and WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; and WHEREAS, on June 4, 2013 the Ashland City Council approved and adopted Ordinance No. 3082 to grant a seven-year extension of all dates contained within the Verde Village Subdivision's Development Agreement timetable to provide the maximum 15 year duration for the Development Agreement allowed under the Oregon Revised Statutes. After consideration of the staff report, the recommendation of the Planning Commission, and the comments and evidence presented during the public hearings, the Council found and determined that the Ordinance No. _ Page 2 of 4 extension of the Verde Village Subdivision's Development Agreement timeline was in the best interest of the public health, safety and welfare of the City of Ashland; met a public need and provided a public benefit; and was consistent with all applicable City of Ashland laws and ordinances; and WHEREAS, on January 10, 2014 WILMA LLC requested modifications of the Development Agreement for the Verde Village Subdivision for the properties located at 87 W. Nevada Street and 811 Helman Street. The requested modifications include: clarifications of the project phasing to make clear which improvements are required with each phase and to allow either phase to occur first; changes to the energy efficiency requirements of the development so that all units will be constructed to at least Earth Advantage Gold standards and will be Photovoltaic Ready; and changes to the landscaping requirements associated with construction of the multi- use path. WHEREAS, on February 11, 2014 the City of Ashland Planning Commission considered the above-referenced request for modifications to the Verde Village Subdivision Development Agreement and recommended that the City Council approve the requested modifications with the addition of two conditions to the Development Agreement's Exhibit E "Verde Village Special Conditions"; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced request for modifications to the Development Agreement on February 18, 2014; 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 WHEREAS, the City Council of the City of Ashland has found and determined that the requested modifications of the Verde Village Subdivision's Development Agreement are in the best interest of the public health, safety and welfare of the City of Ashland; meet a public need and provide a public benefit; and are consistent with all applicable City of Ashland laws and ordinances. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland declares the approval and adoption of the requested modifications to the original Verde Village Development Agreement, said modifications being attached to this Ordinance as Exhibit A, Fourth Amendment to the Verde Village Development Agreement to Reflect Council-Approved Modifications to the Agreement and Timetable; Exhibit B, Revised Exhibit E, Verde Village Special Conditions; and Exhibit C, Revised Exhibit F, Timetable of Development - Outline Plan, Physical Commencement and Completion. These exhibits are made a part hereof by this reference. In addition, the Council's Findings of Ordinance No. _ Page 3 of 4 Fact, Conclusions of Law and Order PA 42006-01663 adopted December 18, 2007 in conjunction with the approval of the Verde Village Development Agreement attached as Exhibit D are hereby modified by the removal of council conditions 426, 427 and #44 which conflict with the modifications requested. SECTION 3. The adoption of this Ordinance declaring approval of the proposed modifications to the Verde Village Subdivision Development Agreement and associated amendments to the timetable are fully supported by evidence contained in the whole record, which is incorporated herein by this reference. SECTION 4. The Ordinance shall be effective after execution of the Fourth Amendment to Verde Village Development Agreement to Reflect Council-Approved Modifications to the Agreement in Attachment I by both the City and WILMA LLC, but not earlier than thirty (30) days after the second reading of this Ordinance and signature by the Mayor. 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. 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 2014, and duly PASSED and ADOPTED this day of 2014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of 12014. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. _ Page 4 of 4 Exhibit A FOURTH AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT COUNCIL-APPROVED MODIFICATIONS TO THE AGREEMENT AND TIMETABLE THIS FOURTH AMENDMENT is made and entered into this day of 2014, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City'), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting approval to the Verde Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in accordance with the Recession Extension ordinance. Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in accordance with the allowances of the original development agreement and the Oregon Revised Statutes. Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. #3082 which amended the timetable for the entire project. Whereas, on January 10, 2014, WILMA LLC requested modifications of the development agreement and timetable to clarify project phasing, alter the energy efficiency requirements for the development and make changes to the landscaping and maintenance requirements associated with the construction of a multi-use path in the riparian corridor. Whereas, on March 4, 2014, the Ashland City Council adopted Ordinance No. # which amended the development agreement and timetable for the entire project. Page 1 of 3 Exhibit A NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: 1. The above recitations are true and correct and are incorporated herein by this reference; and 2. The Development Agreement is hereby amended to reflect modifications of the development agreement and timetable to clarify project phasing, alter the energy efficiency requirements for the development and make changes to the landscaping and maintenance requirements associated with the construction of a multi-use path in the riparian corridor as follows: a. Exhibit E, Verde Village Special Conditions, is hereby replaced in its entirety by a Revised Exhibit E, attached hereto and made a part hereof by this reference. b. Exhibit F, Timetable of Development, is hereby replaced in its entirety by a Revised Exhibit F, attached hereto and made a part hereof by this reference. c. The Council's Findings of Fact, Conclusions of Law and Order PA #2006-01663 adopted December 18, 2007 in conjunction with the approval of the Development Agreement are hereby modified by the removal of council condition #26, #27 and #44. 3. All other provision of the Verde Village Development Agreement, not inconsistent with the above changes remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Agreement was executed by all parties. WILMA LLC CITY OF ASHLAND By: By: Gregory D. Williams, Managing Member John Stromberg, Mayor Date: Date: Approved as to Form: Approved as to Form: John Blackhurst, David Lohman, Attorney for OWNER/DEVELOPER City Attorney STATE OF OREGON ) Page 2 of 3 Exhibit A County of Jackson ) The foregoing instrument was acknowledged before me this _ day of 2014, by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this day of 2014, by John Stromberg, as Mayor and authorized agent for the City of Ashland pursuant to Ordinance # Notary Public for Oregon My Commission Expires: Page 3 of 3 Bxhibit 13 REVISED EXHIBIT E - , VERDE VILLAGE Special Conditions 1) Affordable Housing Requirements. A deed restriction shall be recorded for the town home portion of the development specifying the land is required to be developed as affordable units in accordance with AMC 18.06.030.G(5) and in conformance with the approval of PA 2006-01663. The deed restriction shall require the affordable units to remain affordable per Resolution 2006-13 for a 60 year period from initial occupancy. The . town home area shall be serviced with all needed public facilities. The deed restricted land shall be dedicated to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation with proof of the dedication and deed restriction being presented to the City of Ashland Housing Program Specialist prior to issuance of a building permit for the development of the first market rate residential unit. i The deed for the land conveyed for affordable housing purposes shall include a reverter to the Owner or deed restriction requiring conveyance of the property to the City of Ashland if the affordable housing development is not fully developed in accordance with the approval of PA 2006-01663 within five years of this approval, unless administratively extended pursuant to Exhibit F. In the event the property reverts to the Owner the Owner shall thereafter convey the property, without encumbrances, to the City of Ashland, for affordable housing purposes. City may accept or reject the offer, but the owner shall not be relieved of the obligation to convey the property to another approved provider of affordable housing. All the affordable housing units shall be Net Zero Energy Ready as provided in Condition 12"below. 2) Annexation Sea ems. The sequence is set forth in Section 16 of this Agreement. Property comprising Phase I shall be annexed first. The land dedicated to the City for parks purposes adjacent to Ashland Creek shall be annexed second. Following such Park annexation, Phase II of the project (single-family development) may be annexed. 3) Applicants Proposals: The applicant agrees that Project shall be constructed to the standards as proposed in the application, and as finally approved by the Council, including supporting documentation as entered into the record. All proposals of the applicant are conditions of approval for purposes of enforcement. 4) Archaeological Artifacts: In the event of discovery of archaeological artifacts Ordinance No. Attachment 2 Page I of 9 Exhibit B i during project construction, the Owner shall stop construction in that area and notify the City and the State of Oregon. Proper protection and/or relocation of artifacts, to the satisfaction of State and Local approval authorities shall be provided by the Owner, prior to recommencement of construction. 5) Ashland Creek Riparian Corridor Enhancement and Mitigation. The Owner shall be solely responsible for the restoration and enhancement of the area of the Riparian Corridor that is disturbed in the construction of the multi-use oath and four (4) feet on either side of the multi-use path, to be conveyed to the City as part of the land exchange. A mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10-foot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re-vegetated and an additional area restored and enhanced with local source native plant material including ground cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. The Final Plan application shall include a mitigation plan (see contract required plant materials) The Contract :iliu inn, for Installation of Plant Materials with Security acceptable to the City Attorney and Planning Director shall be submitted for restoration and enhancement consistent on or before the commencement of construction as specified in the Timetable of Development. 6) Boundary Description. A final boundary description and map shall be prepared in accordance with ORS 308.225. A registered land surveyor shall prepare the description and map. The boundaries shall be surveyed and monuments established as required by statute subsequent to Council approval of the proposed annexation. 7) Covenants Conditions and Restrictions. A draft copy of the CC&R's for the Ordinance No. Attachment 2 Page 2 of 9 Exhibit B homeowners association(s) shall be provided at the time of Final Plan application. Lots 65 - 68 shall be included in a homeowners association and subject to all subdivision requirements. CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R's shall provide reciprocal easements for residents of the various homeowners associations (i.e. cottages, town homes and single-family residential) to access and use all of the project open spaces. CC&R's shall note that any deviation from the Tree Protection Plan must receive written approval from the City of Ashland Planning Department. That the CC&R's identify the units are which are subject to the City's Affordable Housing requirements and terms of affordability. The OCRs shall include reference to the administrative enforcement provisions of this agreement and the ability of the City to enforce and assess the association for the maintenance of common areas, including the association's responsibilities for maintenance of the storm water areas offsite. The Final Plan submittal shall address the usability, including Verde Village community access, of the private open spaces. Usability shall be specifically addressed for the two small open spaces in the town home - area (550 sf and 700 sf), one small open space in the cottage area (1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping of the open spaces as well as any improvements such as play equipment shall be detailed in the Final Plan submittals. 8) Curb-Cut Compliance. The Final Plan application shall include revised and corrected driveway curb-cuts for units 45 and 46 - spaced at least 24- feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 9) Easements: Buildings or permanent structures shall not be located over easements, including but not limited to the sanitary sewer pressure line easement. 10) Endangered Species: In the event that it is determined that any representative of a protected plant or animal species pursuant to the federal, state, regional or local law, is resident on or otherwise is significantly dependent upon the Verde Village property, the Owner shall cease all activities which might negatively affect that individual or population and immediately notify the City of Ashland, State of Oregon and the U.S. Fish and Wildlife Service. Construction may resume when proper protection, to the satisfaction of all agencies, including the City, is provided by the Owner. Ordinance No. Attachment 2 Page 3 of 9 Exhibit B residential units shall qualify in the Gity ef Ashland Barth Adyantage .Divis on regarding eligible ties prior to issuance ef an emeavation i 111 Energy Conservation: Earth Advantage Program. A minimum of 53 Fomanee: Font Mid, WedNe of the residential units shall oualifv in the City of Ashland Earth Advantage prooram with at least a Gold ratino. That a minimum of 53 of the residential units be constructed as Photovoltaic Ready. 0 n Exhibit K 3 ef the Revised Out' ne Plan, Beek M Plafrative Fevised by the eity. Rev'sed C)ufline Han, Beek M Naffative Fevised Getebef 24, 2097 shall be be eensFstent with the fellewing. eneempassed in the applleant~s Exhibit K shall . That the homes will Fneet a miMfnum requirement e - That the passive selaF hemes shall Fneet the State e Ordinance No. Attachment 2 Page 4 of 9 Exhibit B Liu, hefHe tax efed t. 12 That the 15 affordable residential units in the subdivision (i.e. town homes) shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III - Narrative revised October 24, 2007, except that the photovoltaic (PV) system is not required to be installed in the affordable units. The affordable unit shall be constructed with the appropriate infrastructure (e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system _ can be installed at a later date. 13) Intersection Design: Applicant shall design the pedestrian crossing at the new intersection of Helman St., Almeda Dr. and Nevada St. Pedestrian safety and refugee shall be addressed in the intersection design. Design must be submitted with the Final Plan application. 14) LID Non-remonstrance: Prior to Final Plan Approval, the applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Heiman Street and to not remonstrate against such District prior to signature of the final subdivision survey plat. Executed documents shall be submitted with the application for Final Plan. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by city ordinances and resolutions in effect at the time 15) Lot Coverage Compliance. The Final Plan application shall include revised ' and corrected lot coverage calculations in square footage and percentage for each development area (i.e. cottages, town homes and single- family/duplex areas). Any area other than landscaping such as structures, driveways, patios and pervious paving that does not allow normal water infiltration shall be included as lot coverage. 16) Measure 49 Waiver. The applicant expressly agrees to construct the project in accordance with the approved plan and City ordinances and r waives the right to file a claim under Oregon Statewide Measure 49. The signed waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of the survey plat or adoption of a resolution or ordinance formally annexing the property, whichever is first. r Ordinance No. Attachment 2 Page 5 of 9 Exhibit B pfli MUM -M NHH.N,.. 17) Multi-Use Path Improvements. As specified in the approved Timetable of Development, all the multi-use paths shall be constructed according to City Code standards, specifically, paths shall be paved with concrete, asphalt or a comparable all-weather surfacing. Two to four foot wide - gravel or planted strips are required on both sides of the multi-use paths in accordance with the Ashland Street Standards. Fencing or retaining walls shall be located two to four feet from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to gravel or landscape materials, and vegetation in excess of six inches in height shall not be placed in the clear distance areas. The transition from Almeda Dr. to the multi-use path, from Canine Way to the multi-use path and from Nevada St. to the multi- use path shall be addressed. Specifically, the preliminary engineering shall address bicycle access from the street grade and provide sufficient turning radius for bicycle navigation. The preliminary engineering plans submitted with the Final Plan application shall include details for the multi- use path improvements and this design. All multi-use path public easements shall be clearly identified on the final survey plat, conveyed, and identified in the project, (with appropriate markings or compliant signage). Easements are required for paths between units 64-65 and adjacent to 39. The project CC&R's shall expressly note that the pathways are for public use and shall not be obstructed or through access restricted unless authorized by the City of Ashland and Ashland Parks Department. 18) Multi-Use Path Revisions: The adjustments to the width and location of> % the multi-use path in and adjacent to the Ashland Creek riparian corridor shall not affect the width or location of the 10-foot wide setback to buildings and structures or riparian corridor buffer between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25-39 that is delineated as common area in the application materials. The 10-foot wide setback to buildings or structures or riparian corridor shall be located and NOUN H-Mmn, sized as shown on plans S-1 dated June 8, 2007, S-4 dated June 8, 2007 ` and P-2 dated July 17 from the application. 19) Open Space Usability. [Planning Commission Condition]. The Final Plan submittal shall address the usability, including community access, of the open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage area (1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping of the open Ordinance No. Attachment 2 Page 6 of 9 - Exhibit B spaces as well as any improvements such as play equipment shall be detailed in the Final Plan submittals. 20) Parking Compliance: The Final Plan application shall include revised and corrected on-street parking placement so that parking spaces are not counted that are within 20 feet measured along the curb of any corner or intersection of an alley or street in accordance with 18.92.025.D. - 21) Sidewalk Construction. A sidewalk meeting the requirements of the Ashland Street Standards shall be installed on the north side of Nevada St. from the eastern project boundary to the intersection of Nevada S. to Oak St. Sidewalk design shall be at the discretion of the Staff Advisor in order to address site constraints such as grade and right-of-way width. These sidewalk improvements shall be included in the preliminary street improvement plan included with the Final Plan application. 22) Solar Ordinance Compliance. The Final Plan application shall demonstrate all new structures comply with the Solar Setback A, or that each home shall receive an equivalent certification by the project architects and mechanical engineers that the shadow height on southern facing exposures will not exceed that allowed under Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Alternatively, the Final Plan application may seek a Variance to solar setback requirements, if applicants can submit architectural and engineering analysis supporting a variance. 23) Storm water Continuing Maintenance Obligation: The Owner, and thereafter, the Association, (or the owners of units in the project in the event the Association is dissolved), shall be responsible for permanent maintenance of both on-site and off site storm water bio-engineered swales and wetland systems. Specifically, the created wetland area and storm water swale system to be constructed with the project and to be located on property exchanged with the City shall remain the maintenance obligation of the Owner, Association, its successors and assigns. Maintenance shall be coordinated and approved by the City Public Works Department and Building Division and shall be performed in accordance with approved plans by licensed contractors, hired by the Association and authorized by City Public Works to enter property for maintenance purposes. 24) Sworn Statement. Prior to any land clearing, alteration, or physical construction (other than survey work or environmental testing) on a site the property owner and developer, if any, shall execute a sworn Ordinance No. Attachment 2 Page 7 of 9 - Exhibit B statement under penalty of perjury and false swearing, that owner/developer has obtained all required Federal, State, and local authorizations, permits and approvals for the proposed development, including any proposed use, or alteration of the site, including also any off-site improvements. 25) Tree Protection Compliance. The Final Plan application shall address mitigation for the removal of the 25-inch dbh Oak tree (tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007). Mitigation shall meet the requirements of Ashland Land Use Ordinance 18.61.084. A Verification Permit in accordance with 18.61.042.8 shall be applied for and approved by the Ashland Planning Division prior to removal of the approved Oak tree(tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007) and prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the tree to be removed and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.8. 26) Vision Clearance Compliance. The Final Plan application shall include revised and corrected delineation of vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 27) No Waiver. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Any matter or thing required to be done pursuant to the requirements of the ordinances of the City of Ashland shall not be amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the provisions so modified waived or amended. 28) Wetland Setbacks. A minimum of five feet shall be maintained between the northern pavement edge of the multi-use path and the wetland. The Final Plan application shall address the full width of the path improvement including the base materials and methods to protect the wetland during construction (i.e. sediment fencing). Ordinance No. Attachment 2 Page 8 of 9 Exhibit B 29) Zoning Compliance. The Final Plan application shall include demonstration that the buildings in the R-1-3.5 zoning district (cottages and town homes) meet the required front yard for the R-1-3.5 zoning district. 30) Phasing. That Phase I and Phase II refer to specific portions of the development, and the applicants shall have the ability to construct Phase II orior to Phase I. or to construct both phases at the same time. If the oroiect is built in a sinale phase. 24 lots (50 oercent of the total number of lots in Phase I and Phase II) would need to meet the timetable for Phase I. If the proiect is built in phases, whichever phase is constructed first shall include: the construction of Almeda Drive from its current terminus out to Helman Street, and the construction of Perozzi Street (formerly 'Canine Way) from Almeda Drive to the Dog Park. Both streets shall be completed according to the approved plans (including paving, curbs. gutters. sidewalks and oarkrow planting strips with street trees on both sides), inspected and aooroved prior to the construction of any homes for either phase. 31) Multi-Use Path & Nevada Street Sidewalk 7imina. That the multi-use oath and the sidewalk on Nevada Street. from Heiman Street to Oak Street shall be tied to the construction of Sander Way as part of Phase II. rather than as a part of Phase I. A revised plan (replacing Sheet R-1 from December 1. 2008) shall be provided prior to pathway installation illustrating the orooosed pathway installation and the redefined limits of the slope stabilization and associated revecietation and shall include the planting of additional trees both inside and outside the oathwav corridor to be selected based on recommendations of Parks Deoartment staff as to the number. type and placement. The multi-use pathway improvements shall be installed with Phase II of the development, but no later than five Years following comoletion of the first phase." Ordinance No. Attachment 2 Page 9 of 9 Exhibit C REVISED EXHIBIT F TIMETABLE OF DEVELOPMENT - OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement. Phase I includes the R-1-3.5 portion of the project, twenty four cottage units, alone with one single family lot. Phase 11 includes all other lots, the multi-use path, the sidewalk on the north side of Nevada, the Riparian Corridor and Wetland area. Phase I and Phase 11 may be constructed in any order or at the same time. If the project is constructed in two phases the completion of Almeda will be included in the first phase. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17, 2010. j jf[Physical Commencement of Rice Park affordable housing project, a portion of Phase 1, commenced on.1une 1, 2009. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17, 2023. Phase Final Plan and Site . Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction I July 17, 2009* July 17, 2020 January 17, 2022 *[Final Plan Approval was obtained on 01-06-09 for Rice Park, a portion of Phase 1] *[Final Plan Approval was obtained on 01-25-09 for the remainder of Phase 1] July 25, 2018$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to the first hase 1-elements no later than specified. $[Final Civil Plan Approval (construction authorization] for Rice Party a portion of Phase 1, was obtained on May 5, 2009.] July 17, 2020. Complete extension of Almeda to Nevada Street, completion of construction of "Canine Way" access to Dog Park, including installation of water, sanitary sewer, storm drainage power, gas, Ordinance No. _ Attachment 3 Page I of 4 Exhibit C telephone and all utilities. 3{+19r 1~, 2&20. t emplete I~ester~. a -ARd Enhafieemei:it of and Wetland gla+r- "C Ashland to path and transfer deed to Gib, path July 17, 2020. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 townhome units). July 17, 2020. Complete construction of "subdivision" Infrastructure for the first hase.14R- July 17, 2020. RHase I-Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction for the first phase. July 17, 2011.7 f Deadline to transfer property title to Affordable Housing Tract to Rogue Valley Community Development Corporation (RVCDC) or other approved non-profit affordable housing developer. Transfer shall occur prior to vertical construction on any Phase of the project. f f The Affordable Housing Tract was transferred to RVCDC on December 09, 2008, upon approval of the early conveyance by the City Council on October 07, 2009. Ordinance No. Attachment 3 Page 2 of 4 Exhibit C January 17, 2022. Vertical construction deadline for all of the first phase or 24 units (50 percent of the units in this project).-''°°^' ` °0'^ AAA941144AA Headline f4 fifteen (15) Faulti Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction 11 July 17, 2020 July 17, 2022 January 17, 2023 January 17, 2022.$$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to the second nRhase 11 elements within 18 months of Final Plan Approval, no later than specified. July 17, 2022. Complete construction of "subdivision" Infrastructure for the second phase. o Nevada Street, and infrastfueture feF twenb, five (25) July 17, 2022. Phase-14-.Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction for the second phase. January 17, 2023. Vertical construction deadline for the remainder of the units. M,eflty five (25) single faiiii!) Gentr-aet fef Installation of Plant Materials, Seetirit) AAA Management Plan fiam Phase 1. Failure to strictly comply with this timetable of development requires an amendment to this Agreement and subjects the Owner to then current laws, including but not limited to engineering Ordinance No. Attachment 3 Page 3 of 4 Exhibit C construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer, physical commencement and the 2023 completion deadline shall not be administratively extended. After the construction termination date, no further development as authorized herein (except for building permits for single family units on individual platted lots) shall be allowed on the subject property unless such development is in compliance with applicable development regulations in effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in effect at the time the amendment is sought. Failure of the timetable of development to list an element of the Project does not relieve or excuse the Owner from the requirement to complete that element. Ordinance No. Attachment 3 Page 4 of 4 Exhibit D BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON December 18, 2007 IN THE MATTER OF AN ORDINANCE DECLARING THE APPROVAL OF THE ) VERDE VILLAGE DEVELOPMENT AGREEMENT, INCLUDING A REAL ) PROPERTY EXCHANGE AND APPROVAL OF PLANNING ACTION #2006-01663, ) INCLUDING A REQUEST FOR ANNEXATION OF A TOTAL OF 11.64-ACRE SITE ) (IN THREE PARTS) LOCATED AT 87 W. NEVADA ST AND 811 HELMAN STREET ) REQUEST FOR A COMPREHENSIVE PLAN MAP AND ZONING MAP CHANGE ) JACKSON COUNTY ZONING RR-5 (RURAL RESIDENTIAL) TO R-I (SINGLE- ) FAMILY RESIDENTIAL) AND R-I-3.5 (SUBURBAN RESIDENTIAL). ) THE PROPOSAL INCLUDES A REQUEST FOR OUTLINE PLAN APPROVAL ) UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 TO ) DEVELOP THE PROPERTY AS A 68-UNIT RESIDENTIAL DEVELOPMENT. )FINDINGS OF FACT, EXCEPTIONS TO THE STREET STANDARDS ARE REQUESTED FOR )CONCLUSIONS OF LAW NOT LOCATING A STREET ADJACENT TO NATURAL FEATURES AND )AND ORDER TO USE A PRIVATE DRIVE TO ACCESS THE COTTAGES RATHER THAN ) THE REQUIRED PUBLIC STREET. A PHYSICAL CONSTRAINTS REVIEW ) PERMIT IS REQUESTED TO LOCATE A MULTI-USE PATH IN THE ASHLAND ) CREEK RIPARIAN PRESERVATION AREA. A TREE REMOVAL PERMIT IS ) REQUESTED TO REMOVE A 25-INCH DIAMETER AT BREAST HEIGHT OAK ) TREE. APPLICANT: Greg and Valli Williams ) 1. NATURE OF PROCEEDINGS This matter comes before the City Council for the City of Ashland for a de novo hearing on a request for an Ordinance declaring the approval of a Development Agreement, land exchange and associated planning actions as identified in PA #2006-01663. Now, Therefore, the City Council of the City of Ashland makes the following Findings of Fact, Conclusions of Law and Order. II. FINDINGS OF FACT: 1) Tax lots 700, 800 and 900 of 39 lE 04BB and tax lots 800 and 1100 of 39 lE 04B are located at 87 W. Nevada St. and 811 Holman St. Tax lot 200 of 39 lE 04BB is City of Ashland property and is commonly referred to as the Dog Park. Tax lots 700 and 800 of 39 IE 04BB are located outside of the Ashland city limits and are Jackson County zoning Rural Residential (RR-5). Tax lots 800 and 1100 of 39 IT, 04B and tax lot 900 of 39 lE 04BB are partially located in the Ashland city limits. The portions of 39 lE 04B 800 and 1100 and tax lot 900 of 39 lE 04BB in the Ashland city limits are zoned Single Family Residential (R-1-5) and the portions of the same tax lots outside the Ashland city limits is Jackson County zoning Rural Residential (RR-5). Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 1 Exhibit D 2) The applicant is requesting an Annexation for an 11.64 acre site located at 87 W. Nevada St. and 811 Helman St. The application includes a request for a Comprehensive Plan Map and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single-Family Residential). The application includes a request for Outline Plan approval for a 68-unit residential development under the Performance Standards Options Chapter 18.88. The application includes two requests for Exceptions to the Street Standards for not locating a street adjacent to natural features and to use a private drive to access the cottages rather than the required public street. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 25-inch diameter at breast height Oak tree. The application includes a request for a land exchange with the City of Ashland. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for an Annexation are described in 18.106.030 as follows: A. The land is within the City s Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 2 Exhibit D 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 3 Exhibit D 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. H. One or more of the following standards are met: 1. The proposed area for annexation is to he residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five- year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 4) The criteria for a Comprehensive Plan Map Change and Zone Change are described in 18.108.060.B as follows: 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that: Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 4 Exhibit D a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project; or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 6 Exhibit D subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for dedication. Ownership of the land and/or air space shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. 5) The criteria for Outline Plan approval are described in 18.88.030.A.4 as follows: The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a. That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. That the proposed density meets the base and bonus density standards established under this Chapter. g. The development complies with the Street Standards. 6) The criteria for an Exception to the Street Standards are described in 18.88.050.F as follows: Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 6 Exhibit D An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. 7) The criteria for a Physical Constraints Review Permit are described in 18.62.040.1 as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. 8) The criteria for a Tree Removal Permit are described in 18.61.080 as follows: An applicant for a Tree Removal-Staff Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 7 Exhibit D 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of the permit. 9) The City Council, following proper public notice, held public hearings on November 6, 2007 and November 20, 2007 at which time testimony was received and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, Therefore, the City Council of the City of Ashland makes the following Findings of Fact, Conclusions of Law and Order. III. FINDINGS APPLYING APPLICABLE CODE CRITERIA AND MINIMUM STANDARDS FOR ELIGIBILITY FOR ANNEXATION 3.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 3.2 The City Council finds that the proposal to annex an 11.64 acre site located at 87 W. Nevada St. and 811 Helman St. meets all applicable criteria for an Annexation. The City Council Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 8 Exhibit D finds that the proposal to change the Ashland Comprehensive Plan Map from a Single-Family Residential designation to a Suburban Residential designation for the cottage and town home portion of the development meets all applicable criteria for a Comprehensive Plan change. The City Council finds the proposal to develop a 68-unit single-family residential subdivision meets all applicable criteria for an Outline Plan approval described in the Performance Standards Options Chapter 18.88. The City Council finds and that the proposed location the multi-use path adjacent to the natural feature rather than a public street, and the proposed use of a private drive to access the cottages rather than the required public street meet all applicable criteria for Exceptions to the Street Standards. The City Council finds the request to locate a multi-use path in the Ashland Creek Riparian Preservation Area meets all applicable criteria for a Physical Constraints Review Permit. The City Council finds the request to remove a 25-inch diameter at breast height Oak tree meets all applicable criteria for a Tree Removal Permit. 3.3 The City Council finds that the proposal to annex 11.64 acres meets all applicable criteria for an Annexation. The site is comprised of five parcels and all of the parcels are located in the Ashland Urban Growth Boundary. In addition, the land is currently contiguous with the present city limits. The west part of the development is contiguous to the city limits on all sides. The east part of the development is contiguous to the city limits on the west and south. The Annexation approval criteria require the proposed zoning for the annexed area to be in conformance with the designation indicated on the Comprehensive Plan Map. The entire site is designated as Single-Family Residential on the Ashland Comprehensive Plan Map. The proposal includes a Comprehensive Plan Map Change for approximately 42 percent of the site, for the cottage and town home portion of the development, to modify the Single-Family Residential (R- 1) designation in the Ashland Comprehensive Plan Map to the Suburban Residential (R-1-3.5) designation. The request for the Comprehensive Plan Map Change is discussed in the following section. Therefore, the ability of the cottage and town home portion of the development to meet this criterion is dependent on the approval of the Comprehensive Plan Map Change. The remainder of the site, the single-family portion of the development, would remain in the Single- Family designation. Therefore, the single-family portion of the development is in conformance with the Comprehensive Plan Map, and satisfies this Annexation criterion. The proposed uses included in the Annexation are required to be allowed uses in the zoning districts. Phase I, or the R-1-3.5 portion of the project to the west of Almeda Dr. and Canine Way includes single-family and multi-family dwellings. Single-family and multi-family dwellings are permitted uses in the R-1.3.5 zoning district. Phase II, or the R-1-5 portion of the project to the east of Almeda Dr. and Canine Way includes single-family dwellings and duplexes. Single-family dwellings, and duplexes on comer lots are permitted uses in the R-1 zoning district. Adequate city facilities to provide water to the site, to transport sewage from the site, to carry storm drainage to and through the site and to provide electricity to thc'site are included in the preliminary utility plan and utility power plan. Eight-inch water lines will be installed to serve the development Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 9 Exhibit D with connections to the existing system in Nevada and Almeda streets. Two existing 12-inch and 18-inch sanitary sewer lines run through the property and are retained in Almeda Dr. Eight-inch lines will be installed in Sander Way, • Canine Way and the cottage driveway to serve the development with connections to the existing lines. Storm drainage is directed to two locations. The southwesterly area of the project is directed to the City's existing demonstration wetlands located north of the project using standard underground pipes. The northeasterly are of the project is directed and treated through a combination of a pipe system and a newly built system of swales and sediment ponds to Ashland Creek. Electric utilities will run through the site from the existing system across Nevada St. The utility power plan delineates the location of new lines, equipment and street lights. Adequate transportation can and will be provided to and through the subject property. A Traffic Impact Study was prepared for the project and has been included with the application. The study projects that the intersection of Helman, Nevada and Almeda, and the intersection of Oak and Nevada will continue to operate at acceptable levels with build out of the proposed project. Outside of the Exceptions to the Street Standards requested in the application, the proposed streets meet the requirements of the Street Standards. The new streets are connected to Nevada Street which is a Neighborhood Collector. The Nevada St. frontage of the site will be improved with a parkrow and sidewalk. Sidewalks will be installed on all of the new streets running through the site. The new intersection of Helman St., Almeda Dr. and Nevada St. will be an important pedestrian crossing point for residents of the development and for visitors of the Dog Park and Bear Creek Greenway. Bicycle lanes are not required because none of the adjacent or new streets are classified arterials. The application findings state that transit service is not planned to the site. The Annexation approval criteria require that where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. The Oak St. sidewalk system is approximately 450 feet away or less than 1 /10 of a mile away from the project boundary. Sidewalks are in place on Oak St. from Nevada St. to the downtown. As also required by the Annexation approval criteria, the proposal includes the installation of a city standard parkrow and sidewalk on the Nevada St. frontage of the site. This will result in a gap in the sidewalk network on the north side of Nevada St. from the project site to Oak St. The City Council finds installation of the sidewalk on the north side of Nevada St. from the site to Oak St. is required to meet the Annexation approval criteria. The "Revisions to Area and Density Tables" submittal dated July 20, 2007 included in the application includes a table demonstrating that the 90% density is achieved in each housing type and for the project as a whole. The application satisfies the annexation affordable housing requirement by providing title to a sufficient amount of buildable land to a non-profit to develop 25% of the base density to buyers or renters at or below 1000/6 of median income (base density of 58 units * .25 = 14.5 units). The application includes 15 affordable housing units in a town home format in the northwest portion of the site. The project description states that the land will be donated to Rogue Valley Community Development Corporation (RVCDC) to develop as 15 affordable units for the range of 80 to 100 Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 10 Exhibit D percent of median income. The western portion of the project is an island surrounded by lands within the city limits, and I therefore satisfies Section 18.106.030.H.6 of the Annexation approval standards. This part of the annexation shall occur first and shall be reflected in an Ordinance approving the annexation and withdrawal from the Fire District. The eastern portion of the project must also meet one of the six standards in Section 18.106.030.H. Currently, the eastern portion of the project is adjacent to and in the city limits on two sides, to the south and west. The application states that Phase I of the project will be development of the western portion of the project and the dedication of the property adjacent to Ashland Creek to the city for parks purposes. The second part of the annexation is an annexation of the dedicated City property pursuant to ALUO 18.106.040, including annexation to the boundaries of Ashland Creek as permitted by ORS 222. This annexation shall also be reflected in an Ordinance. Finally, as a result of the land dedication and annexation of the approximately 2.78 acres of new City property contiguous to the dog park and located along Ashland Creek in Phase I, the eastern portion of the property will be an island completely surrounded by lands within the city limits, and therefore "through the imposition of conditions", authorized by ALUO 18.106.030 (concerning timing) also complies with ALUO 18.106.030.H.6. This part of the annexation shall occur third and shall be reflected in an Ordinance approving the annexation and withdrawal from the Fire District. 3.4 The City Council finds that the request for an Ashland Comprehensive Plan Map change from a Single-Family Residential designation to a Suburban Residential designation for the cottage and town home portion of the development meets all applicable criteria for a Comprehensive Plan Map change. The application includes a request for a Comprehensive Plan Map Change for approximately 4.35 acres or 42 percent of the site to modify the Single-Family Residential (R-1) designation in the Ashland Comprehensive Plan Map to the Suburban Residential (R-1-3.5) designation. The location of the Comprehensive Plan Map Change is for Phase 1, or the cottage and town home portion of the project to the west of Almeda Dr. and Canine Way. The remainder of the site would remain in the Single-Family designation. The approval criteria for a Comprehensive Plan Map Change require that the proposed change meet one of five factors and be in compliance with the Comprehensive Plan. The City Council finds that the change to the Suburban Residential Family designation for Phase I of the project (i.e. cottages and town homes) enables a minimum of 53 of the 68 units in the development to be constructed at an energy and water conserving performance standard. Additionally, the Suburban-Residential designation and subsequent R-1-3.5 zoning allows flexibility with the housing types and site design that is well-suited for the cottage and town home areas of the development. The cottage and town homes include attached dwellings that are grouped in clusters around open space. The flexibility in building placement and site design allows all of the proposed buildings to be located on an east-west axis for a true South building orientation so that the optimum solar efficiency is gained for both solar collection devices and for passive solar gain. Finally, the total number of units in the proposed development is comparable to the site Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 111 Exhibit D being developed as a Single-Family Residential development with R-1-5 zoning and the density bonuses permitted in Chapter 18.88 Performance Standard Options. For example, a project could be developed under the R-1-5 zoning and used a density bonus for conservation housing and affordable housing. In this case, the base density of the subject properties developed at a R-1-5 density is 46.67 units (10.37 Ac * 4.5 du/ac = 46.67 units). A 40% density bonus with a 15% density bonus for conservation housing and a 25% bonus for affordable housing would allow 65 units (46.67 units * 1.40 = 65.34 units). In comparison, the proposed number of units in the development is 68 units. The energy and water conservation housing provided by the development will address a public need for energy and water conservation in new homes that is supported by the Ashland Comprehensive Plan. The Ashland Comprehensive Plan includes the following goals and policies concerning energy and water conservation in Chapter XI: Energy. The City shall strive, in every appropriate way, to reduce energy consumption within the community. Water conservation and air quality enhancement should also be promoted. Programs should emphasize greater efficiency in end use, rather than sacrifices in living standards. In general, policies that effect change through a combination of economic Incentives and public education shall be considered more appropriate than policies involving strict legal requirements or mandates. The City shall give due attention to energy and resource conservation and air quality enhancement in all planning actions and all city activities. Policy 3) New Housing C) New homes and apartments are being built which do not utilize the latest technological advances in water consuming devices. The City shall use any legal means to insure that only water conserving equipment be installed in new construction. This should be done to accommodate growth with lesser incremental water demand and also to eliminate the need to return to these homes later to retrofit them with water conserving devices. D) Passive solar design and sun tempering are very cost effective in new home construction. They shall be encourage in new housing development and individual houses. E) The City shall address overall energy usage of new developments instead ofjust looking at houses on an individual bases. Areas to be considered could be transportation energy, recycling, composting, communal gardens, water usage and solar access protection. G) Appliance efficiency shall be encouraged in new housing. This could be done through existing programs (i. e. Super Good Cents), by codes, by education or by incentive programs (i.e. density bonuses). Also ofthese options shall be considered in trying to achieve this goal. Ordinance Attachment 2: Findings of Fact. Conclusions of Law and Order PA #2006-01663 Page 12 Exhibit D Policy 8) Future Considerations B) The future will be quite dynamic and volatile in the energy arena. The City needs to actively keep abreast of new advances in technology and embrace and encourage ones which can benefit water conservation, air quality, energy conservation or production. The City Council finds that the energy and water conservation performance standard as outline in Exhibit K-3 of Book III: Narrative, July 8, 2007, states that the units in the development will be designed to use 501/o less energy than a typical code compliant home. Energy efficiency features included in the project performance standard-are solar orientation, roofs designed for solar hot water collection systems, passive solar heating, integrated thermal mass, high efficiency heat source, improved thermal envelope (insulation), heat recovery ventilation, fluorescent or compact fluorescent lighting, energy efficient appliances, photovoltaic electric systems and night flush cooling. In addition, the goal of the development is to use approximately 50% less potable water than a typical code compliant development. Water efficiency features included in the project performance standard are water efficient toilets, showerheads and faucets, rainwater capture, water and energy efficient washers, drought resistant plantings and water efficient irrigation. In regards to transportation facilities and amendments to an acknowledged comprehensive plan, Oregon Administrative Rule (OAR) 660-012-00060 requires local governments to address amendments that would "significantly affect an existing or planned transportation facility." The original proposal was reviewed by the Oregon Department of Transportation (ODOT) in November 2006 and they commented that "ODOT Development Review is generally satisfied no adverse impacts to state facilities will occur as a result of the proposed land use amendments" (see page 494 of the record). The revised proposal was reviewed by ODOT in October 2007 and they had no comment (see page 17 of the record). The City Council finds the proposed Ashland Comprehensive Plan Map change from a Single- Family Residential designation to a Suburban Residential designation for the cottage and town home portion of the development will not significantly affect an existing or planned transportation facility as defined in OAR 660-12-0060(1). As stated earlier, the total number of units in the proposed development is comparable to the site being developed under the current Comprehensive Plan designation of Single-Family Residential. Chapter 18.88 Performance Standards Options permits density bonuses for conservation housing, common open space, major recreational facilities and affordable housing. Using the density bonus provision, the subject property could be developed at a density close to the proposed 68 units under the current Single- Family Residential designation. In this case, the base density of the subject properties developed at a R-1-5 density is 46.67 units (10.37 Ac * 4.5 dulac = 46.67 units). A 40% density bonus with a 15% density bonus for conservation housing and a 25% bonus for affordable housing would allow 65 units (46.67 units * 1.40 = 65.34 units). As a result, three additional units result from the Comprehensive Plan Map change from the current Single-Family Residential designation to the proposed Suburban Residential Designation. Three units generate an average of thirty motor vehicle trips per day according to the ITE, Trip Generation Model, 7a' addition. Thirty additional trips will not significantly affect the surrounding street network including Nevada St., Heiman St. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 13 Exhibit D and Oak St. The following discussion addresses the requirements of OAR 660-12-0060(1) and the OAR text is in italics. (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); According to the Traffic Impact Study submitted with the application, the proposed development will generate 730 trips per day. While the Comprehensive Plan Map change results in a few more residential units as compared to development of the subject site under the current Comprehensive Plan Map designation, even considering the total traffic impact from the proposed development does not change the functional classification of the street network in the vicinity including Nevada St., Heiman St. and Oak St. The streets most likely to be impacted by motor vehicle traffic generated by the development are Nevada St., Heiman St., and Oak St. Nevada St is identified in a Neighborhood Collector, and Heiman St. and Oak St. are identified as Avenues in the Ashland Transportation System Plan. The Transportation Element of the Ashland Comprehensive Plan, the Ashland Transportation System Plan and the Ashland Street Standards provide street classification guidelines. The function of a Neighborhood Collector such as Nevada St. is to distribute traffic from Boulevards or Avenues to neighborhood streets and vice versa, and the average traffic volumes of a Neighborhood Collector is 1,500 to 5,000 motor vehicle trips per day. The function of an Avenue such as Heiman St. and Oak St. is to provide concentrated pedestrian, bicycle and motor vehicle access from Boulevards to neighborhoods and neighborhood activity centers and vice versa, and the average traffic volumes of an Avenue is 3,000 to 10,000 motor vehicle trips per day. Traffic counts for Nevada St. are approximately 1,400 trips per day (2002), Heiman St. are approximately 1,450 trips per day (2004) and for Oak St. are approximately 3,500 trips per day (2004). The Traffic Impact Study included in the application projects that approximately 47% of the peak PM hour traffic will use Heiman St., 38% will go west on Nevada towards Oak St. and 15% of the traffic will go east on Nevada. All of the trips generated by the proposed by the development could be added to Nevada St., Heiman St. or Oak St., and all of the streets would be well within the range of average traffic volumes identified in the Ashland street classification guidelines. Additionally, Nevada St. will continue to function as a Neighborhood Collector distributing traffic from the adjacent neighborhoods to the larger Avenue streets in the neighborhood including Heiman St. and Oak St. Heiman St. and Oak St. will continue to operate Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 14 Exhibit D as Avenue streets taking traffic to the Boulevards in the city limits such as N. Main St., Lithia Way and E. Main St. (b) Change standards implementing a functional classification system; or The proposed Comprehensive Plan Map change does not include a modification of the Ashland street classification guidelines. (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification ofan existing or planned transportation facility; The Comprehensive Plan Map change results in the addition of a few more residential units as compared to development of the subject site under the current Comprehensive Plan Map designation. The approximately 30 additional motor vehicle trips resulting from three additional units allowed by the Comprehensive Plan Map change will be the type of travel and level of travel that is consistent with the functional classification of the surrounding street network including Nevada St., Helman St. and Oak St. (B) Reduce the performance of an existing or planned transportationfacility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or The Ashland Transportation System Plan identifies the minimum acceptable performance standard for intersections as a LOS D. The Traffic Impact Study included in the application projects of LOS B for the intersections of Helman St./Almeda Dr./Nevada St. and of Nevada St. and Oak St. in 2010 with build out of the project and incorporating an annual average traffic growth rate. (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. The Ashland Transportation System Plan does not identify existing or planned transportation facilities in the vicinity that will have insufficient capacity at the end of the 20-year planning period of 2017. 3.5 The City Council finds the proposal to develop a 68-unit single-family residential subdivision meets all applicable criteria for an Outline Plan approval described in the Performance Standards Options Chapter 18.88. The site is the located at a northernmost section of the Ashland Urban Growth Boundary and there are no other undeveloped parcels located in the immediate vicinity. Therefore, the development of the subject site will not prevent adjacent land from being developed for the uses in the Comprehensive Plan. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 15 Exhibit D Adequate key city facilities and utilities are available and can be provided, and were discussed previously under the Annexation section. Outside of the Exceptions to the Street Standards requested in the application, the proposed streets meet the requirements of the Street Standards. A multi-use path for pedestrians and bicyclists is proposed in the Ashland Creek riparian corridor connecting Nevada St. to the north end of Canine Way. The proposed multi-use path weaves above and below the biologically determined riparian zone and the top of the uppermost slope grade break. A second multi-use path is proposed between units 64 and 65 in the northwest comer of the project. The path would connect Almeda Dr. directly to the Bear Creek Greenway path connection. The subject section of Ashland Creek Corridor is identified for open space in the Long Term Plan on the Parks, Trails and Open Space Program fro 2002-2012. Additionally, the connection from Almeda Dr. to the Bear Creek Greenway path is also identified as a proposed greenway connection on the Parks, Trail and Open Space Program for 2002-2012. A total of 127 off-street parking spaces and 68 on-street parking spaces are required for the proposed development of 68 units. The proposal meets the parking requirements. There are 114 off-street parking spaces proposed in a combination of garages and surface parking areas. The remaining required 13 off-street parking spaces are satisfied by 17 on-street spaces which is the equivalent to 13 off-street parking credits. There are 85 on-street spaces available which results in the 17 on-street spaces that can be used towards the off-street parking credits. The proposed density of 68 units meets the base and bonus density standards of the Performance Standards Options Chapter 18.88. The base density of the property is 58.15 units. The project qualifies for a density bonus of 22% for the 15 affordable housing units that are provided (15 affordable units/68 units =.22). Therefore the permitted density with the affordable housing density bonus is 70 units (58.15 units * 1.22 = 70.94 units). With one exception, the proposed building setbacks meet the requirements of the Performance Standards Options Chapter 18.88. The front yards of the R-1-5 portion of the development meet the required 15 feet to the building and 20 feet to garages, and the setbacks along the perimeter of the development meet the required side and rear yards. The front yards of the R-1- 3.5 portion of the development (cottages and town homes) do not meet the front yard requirements along Almeda Dr. and Canine Way. Fifteen feet is shown and 20 feet is required for front yards in the R-1-3.5 zoning district. As a result, a condition has been added that the buildings delineated in the Final Plan meet the required front yard for the R-1-3.5 zoning district. The heights of the proposed buildings and minimum width between buildings appear to be met, and will be verified at the Final Plan and building permit submittals. It is not clear the application if the proposed units meet the Solar Setback requirements of Chapter 18.68 as is required in the Performance Standards Options Chapter 18.88.070.E. A condition has been added requiring the Final Plan application address the Solar Setback requirements. The entire subdivision is required to provide a minimum of five percent of the lot area in open space for Outline Plan approval under the Performance Standards Options. A total of 21,688 square feet is required in open space, and the proposal includes 25, 230 square feet identified as common open space areas. With the exception of the four standard single-family lots in the Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 16 Exhibit D subdivision, the units also have a private yard space identified for each unit, Since the common open space provides an additional 3,542 square feet in open space beyond the requirements, the application meets the open space acreage requirements. The Outline Plan approval criteria require that there are adequate provisions for the maintenance of open space and common areas, and that if the development is done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. The application findings state that the development will be done as three separate entities for the cottages, town homes and single-family/duplex groups. The proposal is to have a Planned Unit Development for each of the three groups and provide CC&R's detailing specific maintenance responsibilities for each community. Phase I will include the development of the cottages and town homes. Approximately 55% of the open spare is included in Phase 1. Therefore, the same or higher ratio of common open space would occur in the first phase of the project than in Phase H, and the approval criterion is satisfied. The City Council finds the significant natural features of the site are the wetland in the northern portion of the site, two trees located outside of the riparian corridor, the Ashland Creek floodplain corridor and Ashland Creek riparian corridor. Three of the significant natural features - the wetland, floodplain corridor and riparian corridor - are located in a separate parcel that is proposed to be dedicated to the city for parks purposes as part of the land exchange. As a result, the City Council finds the wetland, floodplain corridor and riparian corridor are included in open space that is an unbuildable area. The two significant trees are a 19-inch diameter at breast height (dbh) Oregon Ash (tree 20 on the Tree Survey and Protection Plan, T-1, June 8, 2007) and a 39-inch dbh California Black Oak (tree 21 on T-1). The two significant trees are located near units 28 and 31. The City Council finds the trees are included in the common area of the subdivision, and the common are is unbuildable. 3.6 The City Council finds and that the proposed location of the multi-use path adjacent to the natural feature rather than a public strcet, and the proposed use of a private drive to access the cottages rather than the required public street meet all applicable criteria for an Exception to the Street Standards. An Exception to the Street Standards is requested to locate a multi-use path in the Ashland Creek riparian corridor rather than locating a street adjacent to natural features as is required. The proposed multi-use path weaves above and below the biologically determined riparian zone and the uppermost top of the slope grade break. The Preserving Natural Features of the Street Standards is as follows. "Streets shall be located in a manner which preserves natural features to the greatest extent feasible. Whenever possible, street alignments shall follow natural contours and features so that visual and physical access to the natural feature is possible. Streets shall be situated between natural features, such as creeks, mature trees, drainages, open spaces and individual parcels in order to appropriately incorporate such significant neighborhood features." Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 17 Exhibit D The City Council finds there are several unusual aspects of the site that make it difficult to locate a street adjacent to Ashland Creek. First, there are two existing main sanitary sewer lines that bisect the site (see Exhibit E-E, Preliminary Utility Plan). The application includes a Geotechnical Investigation (see Appendix D, Geotechnical Investigation) which identifies "relatively hard bedrock" comprised of sedimentary rock including siltstone, sandstone and conglomerate at shallow depths throughout the site. As a result, the application identifies the relocation of the main sanitary sewer lines as impractical. The new main street into the development from Nevada St., Almeda Dr., is located over the existing main sanitary sewer lines so the lines can he accessed and do not have to be moved. The second unusual aspect of the site is the location of Ashland Creek is approximately 200 feet east of the existing intersection of Helman St. and Nevada St. The project traffic engineer recommended that the main access to the site be located opposite of the Helman St. and Nevada St. intersection. Locating a secondary street access to the development from Nevada St. and adjacent to Ashland Creek poses safety issues in terms of the close proximity to the Helman St., Nevada St. and Almeda Dr. intersection. The final unusual aspect of the site is the relatively narrow area from the new Almeda Dr, to Ashland Creek. The City Council agrees the existing sanitary sewer lines, the need to align the new street with the existing intersection of Nevada and Helman streets and the narrowness of the area from the new Almeda Dr. to Ashland Creek are significant constraints in the development of the new street network that create a demonstrable difficulty in meeting the Street Standard on Preserving Natural Features. The City Council finds that the multi-use path achieves a similar buffering effect as a street to the Ashland Creek riparian corridor. The multi-use path will provide visual and physical access to the riparian corridor. Although the multi-use path is largely located in the riparian corridor, it is situated at the western edge of the condor, and will be located between the individual parcels and the riparian zone. The City Council finds that the multi-use path is an equally valuable transportation facility as compared to a city street because it provides a connection to the existing Bear Creek Greenway, thereby increasing the reach of this pedestrian and bicycle off-road transportation system. The City Council finds that by providing a transportation facility in the form of a multi-use path that the proposed exception is the minimum variance necessary to address the site constraints. The City Council finds that Exception to the Street Standards to use the proposed multi-use path rather than a public street to protect and provide access to the Ashland Creek riparian condor uses the natural features of the landscape to the greatest advantage and will improve the quality of life of the residents of the development as outlined in the Purpose and Intent of Chapter 18.88 Performance Standards Options. An Exception to the Street Standards is requested to use a private drive to access the 24 cottages rather than the required public street. The proposed private drive is a looped system that is approximately 300 feet in length and is connected at both ends to Almeda Dr. The proposed private drive is 20 feet in width, includes 26 head-in parking spaces and has a sidewalk system adjacent to the curb. In contrast, a public street would be required to be 22 feet in width with parkrows and sidewalks on both sides. Additionally, a 22-feet wide public street would allow parallel parking on one side of the street. The City Council finds there is demonstrable difficulty in providing a public street and the Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 18 Exhibit D required off-street parking given the geographic layout of the corner of the property that is proposed for the cottages. A public street does not allow head-in parking adjacent to the street, and the proposal is to allow 26 head-in parking spaces adjacent to the private drive. In addition, by consolidating most of the cottage parking adjacent to the private drive, it allows more of the land area to be used as open space for the cottages rather than to be used for surface parking. In addition, fewer parallel parking spaces would fit on one side of the public street of the length proposed compared to the number of spaces that can be achieved with head-in parking. Residents and visitors will have no reason to travel on this short drive other than to visit the cottage development. As a result, motor vehicles, bicyclists and pedestrians traveling through the development will use Almeda Dr. In terms of sidewalks, pedestrians will have little reason to travel on the cottage drive unless visiting one of the cottages because Almeda Dr. provides a more direct route for moving through the neighborhood. The City Council concurs that a private street is a better fit for the cottage development than a public street because the cottages will function as a multi-family development with a shared surface parking area that is accessed by a driveway. The City Council finds that Exception to the Street Standards to use a private drive to access the 24 cottages rather than the required public street will provide for more efficient land use as outlined in the Purpose and Intent of Chapter 18.88 Performance Standards Options. 3.7 The City Council finds the request to locate a multi-use path in the Ashland Creek Riparian Preservation Area meets all applicable criteria for a Physical Constraints Review Permit with the attached conditions of approval. The applicants propose to construct a mold-use path located in the Ashland Creek riparian corridor that would connect Nevada St. to the Bear Creek Greenway connection located in the Dog Park. The proposed multi-use path weaves above and below the biologically determined riparian zone and the uppermost top of the slope grade break. The multi- use path itself and the disturbance created by the construction is located largely inside of the biologically determined riparian zone. The City Council finds that the multi-use path in the Ashland Creek riparian corridor itself is a benefit to the general community and that there should be a balance of the environmental resource protection issues and the parks and open space issues. The City Council finds that the multi-use path is located along the upper edge of the riparian corridor in an effort to minimize adverse impacts to Ashland Creek and in an effort to retain the general topography of the riparian corridor. The proposed multi-use path, is except for the first 50 feet, is located outside of the 100-year flood plain for Ashland Creek. The section of path in the flood plain is at grade and will not create a potential flooding hazard. The City Council finds the applicant has not addressed the reasonable steps necessary to reduce the adverse impact on the Ashland Creek riparian corridor including the irreversible actions caused by the construction of the multi-use path in the riparian corridor. A mitigation plan is required as a condition of approval at the Final Plan application. The mitigation plan requires an assessment of the Ashland Creek riparian corridor functions, an assessment of the impact of the Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 19 Exhibit D path construction on the resource functions and mitigation measures to offset those adverse impacts. 3.8 The City Council finds the request to remove a 25-inch diameter at breast height Oak tree meets all applicable criteria for a Tree Removal Permit. One of the eight trees identified for removal requires a Tree Removal Permit due to the size of the tree being 18 inches diameter at breast height or greater. A Tree Removal Permit is requested to remove a 25-inch diameter at breast height Oak tree (tree 39, Tree Survey and Protection Plan, T-1, June 8, 2007). The tree is an Oregon White Oak and located between -proposed units 33 and 34. The Oregon White Oak identified for removal is described as stressed because of heavy infestation of mistletoe and as having numerous dead limbs through the crown. Additionally, the arborist predicts that the disruption to the root system due to nearby structures would cause further decline in the tree. The Tree Commission reviewed the proposed tree removal in November 2006, and recommended approval of the plan. 3.9 The proposal includes a real property exchange with the City of Ashland. The proposal is to exchange approximately 2.78 acres adjacent to Ashland Creek to the City for parks purposes in exchange for approximately 1.54 acres of the City Dog Park in the area of the access and to the south of the existing parking area. The Land Exchange is addressed in separate findings attached to the Ordinance approving the Development Agreement. IV. ORDER In sum, the City Council concludes that the requested Ordinance declaring the approval of a Development Agreement, and all associated planning actions contained in Planning Action 2006-01663, including the Development Agreement, Annexation, (in three parts), Comprehensive Plan Map and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R- I (Single-Family Residential), request for Outline Plan approval for a 68-unit residential development under the Performance Standards Options Chapter 18.88, requests for Exception to the Street Standards for not locating a street adjacent to natural features and to use a private drive to access the cottages rather than the required public street, request for a Physical Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area, and request for a Tree Removal Permit to remove a 25-inch diameter at breast height Oak tree are consistent with or comply with applicable criterion and minimum standards in the City's comprehensive Plan and applicable land development code, including minimum requirements for annexation eligibility, and are supported by evidence contained within the whole record Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby declares approval of the Development Agreement and APPROVES Planning Action #2006-01663 subject to strict compliance with the conditions of approval, set forth herein as well as those requirements conditions and restrictions set forth in the accompanying Verde Village Development Agreement and Land Exchange Order. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-01663 is denied. The following are the conditions Ordinance Attachment 2: Findings of Fad, Conclusions of Law and Order PA #2006-01663 Page 20 Exhibit D and they are attached to the approval: 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That Site Review approval shall be obtained for the cottages, town homes and duplexes prior to any site work, issuance of an excavation permit or issuance of a building permit. 3) That the applicants shall execute a document as consistent with ALUO 18.68.150 agreeing to - participate in their fair share costs associated with a future Local Improvement District for improvements to Heiman Street and to not remonstrate against such District prior to signature of the final subdivision survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by city ordinances and resolutions. 4) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application as required by the City of Ashland. 5) The Final Plan application shall identify the sanitary sewer pressure line easement, and buildings shall not be located in the easement. 6) That the preliminary engineering for utility improvements shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Any required private or public utility easements shall be delineated on the utility plan. 7) That the preliminary engineering for storm drainage collection and treatment shall be submitted with the Final Plan application. The permanent maintenance of on and off site storm water bio- engineered swales and wetland systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. 8) That the applicants shall submit an electric distribution plan with the Final Plan application including load calculations and locations of all primary and secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. 9) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. 10) The preliminary engineering for proposed street improvements shall be provided at Final Plan Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 - Page 21 Exhibit D application. Street improvements shall be consistent with City of Ashland Street Standards. The sidewalk improvement on Nevada St. shall be a minimum of six feet in width in accordance with the Ashland Street Standards. 11) The preliminary engineering for the Final Plan application shall address the treatment of the pedestrian crossing at the new intersection of Helman St., Almeda Dr. and Nevada St. Pedestrian safety and refugee shall be addressed in the intersection design. 12) The Final Plan application shall include revised on-street parking placement so that parking spaces are not counted that are within 20 feet measured along the curb of any comer or intersection of an alley or street in accordance with 18.92.025.D. 13) The preliminary engineering shall include details for the multi-use path improvements. The multi-use paths shall be paved with concrete, asphalt or a comparable all-weather surfacing. Two to four foot wide gravel or planted strips are required on both sides of the multi-use paths in accordance with the Ashland Street Standards. Fencing or retaining walls shall be located two to four feet from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to gravel or landscape materials, and vegetation in excess of six inches in height shall not be placed in the clear distance areas. 14) The preliminary engineering shall address the transition from Almeda Dr. to the multi-use path, from Canine Way to the multi-use path and from Nevada St. to the multi-use path. Specifically, the preliminary engineering shall address bicycle access from the street grade and provide sufficient turning radius for bicycle navigation. 15) The Final Plan application shall include a mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10- foot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re-vegetated and an additional area restored and enhanced with local source native plant material including ground cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. 16) That the multi-use paths shall be constructed by the applicants as part of the required subdivision improvements. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 22 Exhibit D 17) That the Final Plan application shall demonstrate that the driveway curb cuts for units 45 and 46 are spaced at least 24-feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 18) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 19) That the street names shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming prior to submission of the Final Plan application. 20) That a size and species specific landscaping plan for the parkrows, common areas and open spaces shall be provided at the time of the Final Plan application. 21) That a draft copy of the CC&R's for the homeowners association(s) shall be provided at the time of Final Plan application. Lots 65 - 68 shall be included in a homeowners association and subject to all subdivision requirements. CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R's shall provide reciprocal easements for residents of the various homeowners associations (i.e. cottages, town homes and single-family residential) to access and use all of the project open spaces. CC&R's shall note that any deviation from the Tree Protection Plan must receive written approval from the City of Ashland Planning Department. That the CC&R's identify the units are which are subject to the City's Affordable Housing requirements and terms of affordability. 22) That the Final Plan application shall include lot coverage calculations in square footage and percentage for each development area (i.e. cottages, town homes and single-family/duplex areas). Any area other than landscaping such as structures, driveways, patios and pervious paving that does not allow normal water infiltration shall be included as lot coverage. 23) The buildings in the R-1-3.5 zoning district (cottages and town homes) shall meet the required front yard for the R-1-3.5 zoning district in the Final Plan application. 24) The width between buildings requirement of 18.88.070.D shall be met and identified in the Final Plan application. 25) That the Final Plan application shall demonstrate all new structures comply with the Solar Setback A, or that each home shall receive an equivalent certification by the project architects and mechanical engineers that the shadow height on southern facing exposures will not exceed that allowed under Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. 26) That 53 residential units in the subdivision, including the cottages, duplexes and single-family units, shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 23 Exhibit D K-3 of the Revised Outline Plan, Book III - Narrative revised October 24, 2007. The Final Plan application shall include systems for measuring and monitoring compliance of the development with the Performance Standard that is administered by the applicants and verified by the city. 27) That a minimum of 53 of the residential units shall qualify in the City of Ashland Earth Advantage program. The applicants shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 28) That the hydrant placement and fire apparatus access requirements shall be met and addressed in the Final Plan application. 29) That the Final Plan application shall address mitigation for the removal of the 25-inch dbh Oak tree (tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007). Mitigation shall meet the requirements of Ashland Lend Use Ordinance 18.61.084. 30) That a Verification Permit in accordance with 18.61.042.13 shall be applied for and approved by the Ashland Planning Division prior to removal of the approved Oak tree(tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007) and prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the tree to be removed and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. 31) That a grading plan addressing preliminary finished grade (i.e. existing contours and proposed contours) and areas of cut and fill shall be submitted with the Final Plan application. 32) That public easements shall be identified on the final survey plat for all multi-use pathways. The project CC&R's shall note that the pathways are for public use and shall not be obstructed or through access restricted unless authorized by the City of Ashland and Ashland Parks Department. 33) That a deed restriction shall be recorded for the town home portion of the development specifying the land is required to be developed as affordable units in accordance with 18.06.030.G(5) and in conformance with the approval of PA 2006-01663. The deed restriction shall require the affordable units to remain affordable per Resolution 2006-13 for a 60 year period from initial occupancy. The town home area shall be serviced with all needed public facilities. The deed restricted land shall be dedicated to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation with proof of the dedication and deed restriction being presented to the City of Ashland Housing Program Specialist prior to issuance of a building permit for the development of the first market rate residential unit. 34) That the applicant agrees to construct the project in accordance with the approved plan and City ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 24 Exhibit D waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of the survey plat or adoption of a resolution or ordinance formally annexing the property, whichever is first. 35) That a final boundary description and map shall be prepared in accordance with ORS 308.225. A registered land surveyor shall prepare the description and map. The boundaries shall be surveyed and monuments established as required by statute subsequent to Council approval of the proposed annexation. 36) That the land dedicated to the city for parks purposes adjacent to Ashland Creek shall be annexed prior to the annexation of the Phase II area of the project (single-family development). 37) That the Sander Way sidewalks shall provide public access either by being included in the street right-of-way or having a public pedestrian easement as required by the Ashland Engineering Division. The Final Plan submittals shall be modified accordingly. 38) That a minimum of five feet shall be maintained between the northern pavement edge of the multi-use path and the wetland. The Final Plan application shall address the full width of the path improvement including the base materials and methods to protect the wetland during construction (i.e. sediment fencing). 39) That a sidewalk meeting the requirements of the Ashland Street Standards shall be installed on the north side of Nevada St. from the eastern project boundary to the intersection of Nevada S. to Oak St. Sidewalk design shall be at the discretion of the Staff Advisor in order to address site constraints such as grade and right-of-way width. These sidewalk improvements shall be included in the preliminary street improvement plan included with the Final Plan application. 40) That the Final Plan submittal shall address the usability, including Verde Village community access, of the private open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage area (1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping of the open spaces as well as any improvements such as play equipment shall be detailed in the Final Plan submittals. 41) That adjustments to the width and location of the multi-use path in and adjacent to the Ashland Creek riparian corridor shall not affect the width or location of the 10-foot wide setback or riparian corridor buffer between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25-39 that is delineated as common area in the application materials. The 10-foot wide setback or riparian corridor shall be located and sized as shown on plans S-1 dated June 8, 2007, S-4 dated June 8, 2007 and P-2 dated July 17 from the application. 42) That the land being dedicated for affordable housing shall be dedicated to the City of Ashland if it is not fully developed as affordable housing in accordance with the approval of PA 2006-01663 within five years of this approval. Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 25 Exhibit D 43) That the 15 affordable residential units in the subdivision (i.e. town homes) shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III -Narrative revised October 24, 2007, except that the photovoltaic (PV) system is not required to be installed in the affordable units. The affordable unit shall be constructed with the appropriate infrastructure (e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system can be installed at a later date. 44) That "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III-Narrative revised October 24, 2007 shall be revised as follows. • That all dishwasher and washing machines shall qualify for the State of Oregon tax credit and be selected from the list of qualified machines maintained by the Oregon Department of Energy. That each home that would be built to the standards encompassed in the applicant's Exhibit K shall be provided with a Photovoltaic (PV) system that is either 3kW's in size or produces 1.5 Kwh's/Sq. Ft./Yr. whichever is less, and also be provided with enough available south facing unshaded roof space to double the size of the PV system. • That the homes will meet a minimum requirement of R-49 attic insulation for flat ceilings. • That the passive solar homes shall meet the State of Oregon's minimum requirements for the passive solar home tax credit. Ashland City Council Approval *MaorJJohnW.M rrison Date Signature authorized and approved by the full Council this /d day of JI~I~ , 20-0 Ap roved as to fo Date: anCity In erim tomey Ordinance Attachment 2: Findings of Fact, Conclusions at Law and Order PA #2006-01663 Page 26 'Jul Vallov 9568-9Zb(I>9) -xed Z196'CFY Oft9):xed 1uawdo ana 2196-299 (175) YVd 8601-62>0Y9) gal FF9L-88Y(/DS)+/.I • I Q adeosPL21 9ZSZ6 'UO'r dtlvesp OZ9Z6 -0810 'PuelgtV 8 N 7619-9" (179) 'Hd ✓d1/s,b, 3"N£E ~u,u 9rs r ~elluaplsaa ajgeulelsns y = OZ9L6 N093a0 'QNVIHSV lap aess 8w-md-InPUeI9N!unwwo> 30V-111A 34213/ _ d 9 311f1S 133211S V. 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PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Don Robertson Mike Gardiner _ Director Rick Lerch Jim Lewis TEL: (841) 488-5340 Stated Seffinger - iy FAX: (541) 488-5314 version Shaw \ v MEMORANDUM TO Derek Severson, Associate Planner FROM Don Robertson, Ashland Parks and Recreation Director DATE January 29, 2014 SUBJECT Verde Village Agreement On December 23, 2013, the Ashland Parks and Recreation Commission heard a presentation from the Williams family, developers of Verde Village. The Williams' notified the commission about their intention to request, modifications to their development agreement with the City. The modifications specific to Parks dealt with the timing of improvements to extend the Bear Creek Greenway to Nevada Street, the design for the improvements, and the length of maintenance for the developers. By motion, the commission made three recommendations that evening. Recommendation #1 With regard to the timing for improvements; the commission made a motion to "recommend to council allowing Verde village developers to wait for the second phase of development to install the path if the first phase was not along the path; however if the first phase was implemented and the developers did not put in the second phase along the pathway, after five years they would need to build the path." This motion was unanimously approved. Explanation Currently the agreement indicates that the development would need to be built as a single phase and the path would be installed concurrently with the development. The commission recognized that it may need to be developed in two phases and the recommended modification would tie the path, located adjacent to the actual trail, to the "second phase." The commission used the term "second phase" as an indicator for the location but recognized that it may proceed before the "first phase." The trail would need to be built regardless of which phase actually proceeded first. Further, the five-year certain timeline was meant to hold the developer accountable to the original timeline for construction. Home of Famous Llthia Park Recommendation #2 The next action taken by the commission was to recommend to council that "the proposed vegetation in the development plan be reduced to an 18-foot-wide corridor along and including the bike path, including any affected or disturbed areas within that corridor which would be re- vegetated, as opposed to how the plan is shown." Explanation The concern of the commission was that they would receive a very large re-vegetated piece of property that would be impossible to maintain at a reasonable cost with a reasonable chance of success. The proposed modifications would accomplish the need for replacing vegetation on disturbed areas and begin the process for the elimination of noxious and invasive weeds but not saddle the department with a project that could not adequately succeed. Recommendation #3 The third action taken by the commission was to recommend that council "allow Parks' professional staff the flexibility to work with the developer to identify any additional trees to plant outside or inside the identified 18-foot corridor." Explanation Again, this action was intended to create a project with a higher survivability and success rate that would accomplish the goals of removal of noxious or invasive weeds while replacing them with native or native-like species to help sustain the project. While the commission did not specify the types or numbers of trees, the intention was to allow professional staff to make positive impacts on the reductions of non-natives and noxious weeds on the property that was previously exchanged. No Recommendation The commission discussed but did not take action on the request for eliminating the agreement provision requiring the developer to provide three years of ongoing maintenance for the trail or the landscaped area associated with the trail. The feeling among the commission was that it was an appropriate timeframe. Explanation They felt the actions outlined above would reduce the needed scope of maintenance to a level that was reasonable for the developer and ultimately reasonable for Ashland Park and Recreation while also providing a higher likelihood of success. City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES December 23, 2013 ATTENDANCE Present: Commissioners Gardiner, Landt, Lewis, Seffinger, Shaw; Director Robertson; Superintendent Dickens Absent: City Council Liaison Voisin; Superintendent Dials CALL TO ORDER Seffinger called the meeting to order at 7:00 p.m. in Council Chambers, 1175 E. Main Street. APPROVAL OF MINUTES Study Session - November 18, 2013 MOTION Landt moved to approve the minutes as presented. Shaw seconded the motion. The vote was: All yes Regular Meeting - November 25. 2013 Under "Garfield Park RFP Motion Rescindment," at the end of discussion and before the vote, Landt said there was a reference to Robertson stating that he "could contact local architectural firms." Landt said a review of the discussion leading up to the vote would show the word "could" was actually "would." He asked for that amendment to the minutes. MOTION Landt moved to approve the minutes as amended. Shaw seconded the motion. The vote was: All yes PUBLIC PARTICIPATION None ADDITIONS OR DELETIONS TO THE AGENDA Landt asked for the removal of the item relating to "Signs, Plaques, and Memorials Subcommittee Recommendations." After speaking to staff liaison Dickens earlier that evening, he realized certain details required further refinement before the topic could be discussed by the commission. Since there was no urgency, he asked for a delay until after the next subcommittee meeting. UNFINISHED BUSINESS None NEW BUSINESS VERDE VILLAGE AGREEMENT AMENDMENT REQUEST At the December 16 study session, Robertson said Valri Williams, co-developer of Verde Village, outlined possible changes to the development agreement for the land located near the Ashland Dog Park. The property had been owned by the Williams family for over 100 years and in 2007 they entered into an agreement with the City of Ashland to develop it into high efficiency, energy-neutral homes. Some of the requirements proved onerous and the developers requested amendments that would allow the project to move forward. The commission asked them to attend the regular meeting so they could gather additional information. Robertson welcomed Valri and Greg Williams and invited them to speak to the commission. Valri Williams, 744 Heiman Street, said the development plan was established in 2007 but much had changed since then, including technology and the economy. The items under discussion related to Parks. She suggested a win-win outcome for Parks, the City, and the developers. Requested changes: 1) Create a two-phased project, with infrastructure phased, including the multi-use trail, which would be tied to the Phase II portion of the project; 2) Reduce the amount of vegetation planted in the riparian area and wetlands. Plant vegetation four feet on either side of the multi-use path and repair disturbed soil as needed. 3) Once planted vegetation was established, turn over the maintenance to Parks. Page 2 of 4 Regular Meeting Minutes- December 23, 2013 Ashland Parks and Recreation Commission NEW BUSINESS VERDE VILLAGE AGREEMENT AMENDMENT REQUEST, contd. Williams said the developers were asking for the path to be tied to the development of lots on the southeast side for the sake of cost effectiveness. She also stated that one advantage of reduced plantings in the riparian area would be reduced maintenance, a cost savings. Dickens said the maintenance estimate prepared for the packet memo was not accurate. Instead of $30,000, the three-acre maintenance project per six-month season would be $39,000, including irrigation staff time. Volunteer labor could help with hand weeding as pesticides would not be used. Shaw asked what labor would cost for four feet of plantings on each side of the pathway and Dickens said it might be one quarter of the $39,000 estimate. Dickens said the estimate of $1.50 per square foot for maintenance, as stated in the memo, would actually be more in the range of sixty cents per square foot. Discussion Among Commissioners Seffinger asked about the downside of leaving natural vegetation in place. She said blackberries helped birds in terms of nesting and also provided a food source and assisted with erosion control. Landt said it was not that simplistic. Restoring the area to a prehistoric environment would be much more useful and rich for wildlife. A pretty plan was in place but establishing it would not be without difficulty. Trees would be easy to plant in the riparian area but the shrub and herbaceous layers required by City ordinance posed challenges. Developers would plant and maintain the area for three years and then Parks would take over but the chance of a landscaping failure was high. On a larger scale, Lewis said the commission needed to look at Parks policies in terms of the properties they acquired over the years, including Riverwalk and the Nevada Street development along the creek. He suggested discussing how the commission could manage the many properties and acres in a uniform way. With regard to the four feet of vegetation along the pathway, Landt said the commission needed to consider whether they had the resources to do everything or if they wanted to handle more with a little less. He said sometimes work was implemented to a higher standard than was rational for Parks resources. Kerry KenCairn, 147 Central Avenue, said the plan was a response to City of Ashland ordinance and Oregon Department of Fish and Wildlife requirements for restoration practices. She was not necessarily supportive of it, though some parts were worthwhile. Since completion of the plan, some changes occurred in the area. There was value in planting large trees into the blackberries and maintaining them in eight-foot diameter circles, allowing the trees to gain dominance over the blackberries. City of Ashland and ODF&W were trying to create habitat and shade for the creek. Blackberries provided habitat and some food sources. Maintaining four feet of pathway on either side of the path was somewhat disturbing and it would be better to provide a maintenance corridor on either side, anywhere from 20 feet to two feet, rather than a four-foot boundary. Gardiner asked for clarification about the Williams' request: they wanted the commission to make a recommendation to council? Robertson said the developers were looking for Parks' opinion before the matter was taken to council. He said the parties that weighed in during the original process were allowed to weigh in again, but council had the final say. Landt said the water resources ordinance directed this matter and was cumbersome and challenging and held unrealistic expectations. He said he tried to modify it when it was in process. He expressed disappointment that it was the City's riparian ordinance and said developers lived under it but it needed to be reviewed for modifications. KenCairn said it was even stronger and more restrictive now than when the Williams' plan was drawn up. She said their plan was held to the standard of the future ordinance before it was even approved. Greg Williams, 744 Helman Street, said the plan would not disturb much land, just the area where the path was located. The development agreement was created because developers anticipated the ordinance restrictions. He said they were looking for a recommendation from the commission to council to amend the ordinance. This development agreement was the first agreement in the City with such a high level of complexity. Page 3 of 4 Regular Meeting Minutes- December 23, 2013 Ashland Parks and Recreation Commission NEW BUSINESS VERDE VILLAGE AGREEMENT AMENDMENT REQUEST, contd. Shaw suggested separate motions for each recommendation. Landt agreed and suggested leaving the three-year maintenance plan in place for the developers. He said Parks had an opportunity for win-wins on the other two items. Lewis said he hoped a motion would reflect reduced maintenance costs. Shaw expressed agreement with KenCairn's suggestion to maintain the pathway out to its width rather than at a pre-determined four feet on either side. Landt said the first request was simply for phasing the project: a rational notion. The second concerned reducing the vegetation and this could provide dramatic cost reductions for Ashland taxpayers. In terms of the phasing request, he said the first phase might not include the path and that could be problematic if there were a delay in building the path. Williams said the development agreement required the path be built within seven years. Landt suggested a certain time period for the creation of the path. MOTION: Landt moved to recommend to council allowing the Verde Village developers to wait for the second phase of development to install the path if the first phase was not along the path; however, if the first phase was implemented and the developers did not put in the second phase along the pathway, after five years they would need to build the path. Shaw seconded the motion. Vote: All yes MOTION: Landt moved to recommended to council that the proposed vegetation in the development plan be reduced to an 18-foot-wide corridor along and including the bike path, including any affected or disturbed areas within that corridor which would be re-vegetated, as opposed to how the plan was shown. Lewis seconded the motion. Vote: All yes Landt said he would consider another motion relating to maintenance and the planting of trees but suggested basing it on a staff review. Robertson said he visited the area recently and observed other trees in the vicinity. On average there was fifty feet between the corridor and the creek. Carving out niches for the trees, as proposed by KenCairn, was a great opportunity and would maximize dollars. Robertson suggested delegating staff to work with the developer on the number of trees to plant. MOTION: Landt moved to recommend to council allowing Parks' professional staff the flexibility to work with the developer to identify any additional trees to plant outside / inside the identified corridor. Shaw seconded the motion. Vote: All yes Seffinger said trees along the creek served the purpose of lowering creek temperatures, which was important to wildlife. Robertson said it was difficult to keep up with blackberry growth along the Bear Creek Greenway but volunteers helped to manage it. The commission agreed to not make a motion regarding maintenance in the area. PRESENTATION OF COMPONENT UNIT FINANCIAL REPORT Robertson provided an overview of the Parks CUFR and said the crux of the document appeared on page ix at the front of the book, a letter signed by all members of the Ashland Municipal Audit Committee. He said it was recommended that the commission accept the CUFR along with recommendations from the auditors. On page three, Robertson said a management discussion and analysis by the auditors referred to the auditors' review of Parks Commission financials and their condition at the end of the year. It referred to their practices, which the auditors found in line with generally accepted accounting practices and principles. He said the net position of the commission - liabilities and assets - showed the commission's funds appreciated by over $11 M in the year and the commission did a good job of managing its finances. On the last two pages, under "2013 Auditors' Comments and Disclosures," Robertson reported speaking with the auditor about proposed improvement projects, with four out of 23 linked to the Parks budget. Auditors suggested a modified internal control structure to correct a "significant deficiency" identified in the audit concerning roles and responsibilities of the City and Parks staff. He Page 4 of 4 Regular Meeting Minutes - December 23, 2013 Ashland Parks and Recreation Commission NEW BUSINESS PRESENTATION OF COMPONENT ANNUAL FINANCIAL REPORT, contd. said cash handling proved to be difficult when staffing levels were low. The City and Parks were working on a Memorandum of Understanding to address the identified deficiency along with a divination of duties. The MOU would be available for review and approval in March. Landt questioned a point on page iii under "Relevant Financial Policies" that he felt was not accurate, as Parks vigorously opposed the transfer of ending fund balance monies to the City operations account. The commission was working hard to create a positive relationship between itself and council and the phrasing of that paragraph was misleading. MOTION: Shaw moved to accept the CUFR of the Ashland Parks and Recreation Commission as presented. Gardiner seconded the motion. Vote: All yes 2014 MEETING SCHEDULE Seffinger said the proposed 2014 meeting schedule was before the commission. Robertson said most commission meetings were tentatively scheduled for the third and fourth Mondays of each month, with the possible exceptions of January, February and May due to Monday holidays. He said the schedule could be changed following approval but advance notice helped staff organize their work plans. The commission concurred with the proposed schedule with one exception: the February study session was switched to Wednesday, February 26, 2014. SUBCOMMITTEE and STAFF REPORTS None ITEMS FROM COMMISSIONERS None UPCOMING MEETING DATES & PROPOSED AGENDA ITEMS • Study session on January 13 at 7:00 p.m., Parks office, 340 S. Pioneer Street o Little League signage exemption request • Regular meeting on January 27 at 7:00 p.m., Council Chambers, 1175 E. Main Street ADJOURNMENT- By consensus, with no further business, Seffinger adjoumed the meeting at 8:15 p.m. Respectfully submitted, Susan Dyssegard Ashland Parks and Recreation CITY OF ASHLAND Memo DATE: 2/12/2014 TO: Derek Severson, Associate Planner FROM: Adam Hanks, Administration/Conservation RE: Verde Village Approval Modification Request The Conservation Division has been involved with both the applicants, Greg and Val Williams, and Planning Staff as the applicants researched and prepared materials for their request to the Planning Commission to modify several of the conditions of approval associated with the original Verde Village subdivision approval from 2006. The Conservation Division focused its conversations and evaluation on the suggested modifications to the energy efficiency measures approved via exhibit K3 of the approval findings. The K3 exhibit outlined very specific and customized energy efficiency measures to be implemented with the objective of achieving 50% savings in both energy and water compared to standard "code built" homes. Additionally, the installation of photovoltaic solar systems were proposed to reach "net zero" for each of the homes built within the subdivision. The Conservation Division staff met with the applicants, reviewed exhibit K3, and offered the applicant a variety of potential pathways to achieve energy and water savings beyond current code. The applicants have proposed to replace the requirements listed in exhibit K3 with a more standardized, measurable and verifiable way to achieve a higher level of energy and water efficiency than the "code built" baseline home, which is the Earth Advantage/Energy Star program that the Conservation Staff has had in use and available since 2002. The applicant's request for Earth Advantage Gold would result in home construction that is at least 15% more energy efficient than a code home built today and 20-30% more energy efficient than a code home from 2006. Additionally, in contrast to the very customized and project specific energy efficiency measures detailed in the original exhibit K3, the Earth Advantage program offers a reliable, successful and verifiable program that ensures the stated efficiency measures are achieved. Additionally, the Earth Advantage program also incorporates and measures enhancements in healthy indoor air quality, resource efficiency, environmental responsibility and water conservation, which was not a part of the original K3 measures. CONSERVATION DEPARTMENT Tel: 541-488-2063 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.orxs The Conservation Staff is excited at the prospect of an entire subdivision committing to the Earth Advantage program and supports the concept of utilizing a tested third party system to help the builder, City staff and ultimately the homeowner, ensure that the home functions as designed, approved and built. While the applicant is requesting relief from the photovoltaic solar installation in attempts to reach "net zero", the Conservation Division's solar incentive programs are still available to individual builders and homeowners who may be interested in striving to meet the net zero standard. As noted in the application materials, the orientation of the homes is not proposed to be altered which means that it is highly likely that all of the homes built will have more than adequate solar exposure to take advantage of the sun as a power source in the future, either at the time of home construction or as a retro-fit at some point in the future. CONSERVATION DEPARTMENT Tel: 541-488-2063 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 TA w .ashland.or.us earthadvantage. INSPECTED FOR QUALITY NEW HOME CERTIFICATION About Earth Advantage New Home Certification New homes certified as Earth Advantage meet strict green building and energy standards. They have been verified through third-party inspections and performance testing. An Earth Advantage-certified house incorporates design elements, systems and materials that create superior indoor air quality, use natural resources responsibly, protect land, and lower water usage. Combining these benefits with energy efficiency standards ensures that this home exhibits superior performance and environmental responsibility compared to a traditionally built home. THIRD-PARTY CERTIFICATION • + I Third-party certification offers many benefits to a homeowner. Most important is that a third-party verifier such as Earth Advantage has assisted the builder and verified that systems and materials are properly installed. Third-party testing has Confirmed thatthis home is performing to its highest potential. The Five Pillars of Certification f V it AM. Energy Health Water Materials Land By using high performance Indoor air quality plays This home was built using New home construction Practices used during the equipment, increased a major role in overall water-wise technologies and upkeep depend construction ofthis home insulation, and air sealing health and lifestyle. This that help lower utility heavily on natural diminish land degradation techniques this home's home contains earth bills and reduce the total resources. The use of and deforestation, monthly energy bills can friendly building materials amount of water needed locally manufactured promote healthy be significantly lower than that off-gas fewer harmful to maintain a comfortable products is encouraged landscapes, reduce waste, those of a traditionally chemicals than traditional lifestyle. Water shortages because they are and prevent potential built home, saving you materials. It also are a primary concern in environmentally erosion associated with money from the day you incorporates a mechanical the 21st century, and this responsible. Durable lot development during move in. Other benefits ventilation system home addresses water material choices are the construction process. include increased that reduces airborne conservation needs. also incorporated. This comfort and even heating contaminants, diminishing helps the environment throughout the home. the chances of allergies, by reducing the amount asthma, and other more of materials needed to serious health risks. maintain the home. Contact a Green Building Consultant to learn more. earthadvantage.org/homes EANHC About EANHC F.6h t130514 CITY OF ASHLAND Memo DATE: Feburary 12, 2014 TO: Ashland City Council FROM: Ashland Planning Commission RE: Verde Village Approval Modification Request At the February 11, 2014 regular meeting, the Ashland Planning Commission conducted a public hearing to consider the requested modifications to the Verde Village Subdivision's Development Agreement. Following public testimony, the Planning Commission moved to recommend that the Council approve the requested modifications with the addition of the following two conditions to the Development Agreement's Exhibit E "Verde Village Special Conditions": 30) Phasing. That Phase I and Phase II refer to specific portions of the development, and the applicants shall have the ability to construct Phase II prior to Phase I, or to construct both phases at the same time. If the project is built in a single phase, 24 lots (50 percent of the total number of lots in Phase I and Phase II) would need to meet the timetable for Phase I. If the project is built in phases, whichever phase is constructed first shall include: the construction of Almeda Drive from its current terminus out to Helman Street, and the construction of Perozzi Street (formerly 'Canine Way') from Almeda Drive to the Dog Park. Both streets shall be completed according to the approved plans (including paving, curbs, gutters, sidewalks and parkrow planting strips with street trees on both sides), inspected and approved prior to the construction of any homes for either phase. 31) Multi-Use Path & Nevada Street Sidewalk Timing. That the multi-use path and the sidewalk on Nevada Street, from Helman Street to Oak Street, shall be tied to the construction of Sander Way as part of Phase II, rather than as a part of Phase I. A revised plan (replacing Sheet R-1 from December 1, 2008) shall be provided prior to pathway installation illustrating the proposed pathway installation and the redefined limits of the slope stabilization and associated revegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected based on recommendations of Parks Department staff as to the number, type and placement. The multi-use pathway improvements shall be installed with Phase II of the development, but no later than five years following completion of the first phase." The Planning Commission also asked that Legal and Planning staff: 1) look into what assurances are provided in the Development Agreement, and what security instruments may have been provided subsequently, to insure that the extension of the Bear Creek Greenway path will happen PLANNING COMMISSION Tel: 541-088-5305 51 Winsum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-7352900 w .ashland.or.us if Phase 11 of the subdvision is never completed; and 2) verify that, with the deletion of several items from the timetable, all obligations of the applicants are adequately addressed in the modified timetable document and other exhibits. The Commission asked that Planning staff be prepared to discuss these two items at next Tuesday's Council meeting. PLANNING COMMISSION Tel: 541-488-5305 51 Wnbum Way fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.us ASHLAND PLANNING DEPARTMENT STAFF REPORT February 11, 2014 PLANNING ACTION: 2014-00052 OWNERS/APPLICANTS: Wilma, LLC LOCATION: 87 West Nevada Street 811 Helman Street (Map 39 1 E 0413, Tax Lots: 1 100, 1400-1418) ZONE DESIGNATION: R-1-3.5, R-1-5, R-1-7.5 COMP. PLAN DESIGNATION: Suburban Residential and Single-Family Residential ORDINANCE REFERENCE: 18.20 R-1 Single-Family Residential District 18.22 R-1-3.5 Suburban Residential District 18.61 Tree Preservation and Protection 18.62 Physical and Environmental Constraints 18.88 Performance Standards Options 18.108 Procedures APPLICATION DEEMED COMPLETE ON: February 3, 2014 REQUEST: A request to modify the Development Agreement for the Verde Village Subdivision for the properties located at 87 W. Nevada Street and 811 Helman Street. The proposed modifications include: clarifications of the project phasing to make clear which improvements are required with each phase and to allow either phase to occur first; changes to the energy efficiency requirements of the development so that all units will be constructed to at least Earth Advantage Gold standards and will be "Photovoltaic Ready"; and changes to the landscaping requirements associated with construction of the multi-use path. 1. Relevant Facts 1) Background - History of Application Approved in December of 2007, the Verde Village Subdivision of an 11.64 acre site comprising five parcels on the site of the old Ashland Greenhouses at 87 West Nevada and 811 Helman Streets included a number of approvals by the City of Ashland: Planning Action 2014-00052 Ashland Planning Department - Staff Report /dds Applicant: WILMA LLC Page 1 of 13 o An Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Low-Density Multi-Family Residential (R- 2) and Suburban Residential (R-1-3.5) o Outline Plan approval to develop the property as a 68-unit residential development o Site Review approval for multi family development o Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. o Tree Removal Permit o Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets. o Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement forsix of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site. o An Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street in order to maximize the use of solar energy. o A land exchange with the City of Ashland dedicating 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park in the area of the access and to the south of the existing parking area. o A Development Agreement with the City of Ashland which governed the requirements for development of the subdivision to completion, including a detailed timeline. This development agreement was adopted by Ordinance #2945 on December 19, 2007. Subsequent to the 2007 approval, the applicants dedicated property to the Rogue Valley Community Development Corporation to develop 15 affordable units as part of the first phase of Verde Village to satisfy the affordability requirements of the annexation. Utilities and infrastructure, including the partial extension of Almeda Street, were completed to serve these units, which are now built and occupied as "Rice Park at Verde Village." The applicants obtained Site Review approval for the remainder of the first phase, the multi-family cottage housing portion of the subdivision, in 2009. Prior to the installation of infrastructure or commencement of the remainder of the first phase of the development, the national economy suffered a major downturn which made it difficult for projects with approvals in place to obtain financing. To date, the city has approved three timetable extensions in response to difficulties associated with the current state of the economy and availability of financing. A Detailed Description of the Site and Proposal Site Description The parent pacels to the original subdivision are located on the north side of Nevada Street, west of the Ashland Creek corridor, near the terminus of Helman Street at Nevada Street. A driveway and multi-use path accessway serving the Dog Park and the Bear Creek Greenway north of the property bisects the Planning Action 2014-00052 Ashland Planning Department- Staff Report/ dds Applicant: WILMA LLC Page 2 of 13 subdivision. To the west, Almeda Drive abuts the western boundary of the site, with a short extension into the property providing access to the Rice Park affordable housing units. Ashland Creek, which runs along the eastern and northeaster boundary of the site, is identified as a Riparian Corridor in the adopted Water Resources map, and is considered a Riparian Preservation Creek in the Physical and Environmental Constraints Chapter (AMC 18.62) Flood Plain Corridor Lands map. The site also contains two wetlands which were identified in the original subdivision application. The site includes a variety of slopes including relatively flat portions and steeper slopes adjacent to Ashland Creek. Generally, the site slopes downhill to the north and northeast. The adjacent properties to the south, west and north are in the Ashland city limits. The properties to the south of the site, between the site boundary and Nevada St., are zoned Single-Family Residential (R-1-5). The properties to the west and north of the site are zoned Single-Family Residential (R-1-7.5). Most of the property to the east of Ashland Creek is outside the Ashland city limits and Ashland UGB, and is zoned Jackson County EFU (Exclusive Farm Use). Current Proposal The current proposal requests to modify the original land use approval and the association Development Agreement for the Verde Village Subdivision as follows: I . Project Phasing: The applicants request to make the projecct a true two phase project, noting that as written, the current development agreement requires the completion of the bulk of the infrastructure with the first phase, and they request modifications to require infrastructure installation more in keeping with the proposed phasing as well as clear flexibility in terms of the order in which the phases are constructed (i.e. either phase could be built first, or both simultaneously). 2. Energy Efficiency Performance Standards: As presently approved, all units within the development are subject to a unique, project-specific "net-zero energy performance standard" that was developed by the applicants' team for the original application submittal from 2006. The applicants are now requesting to change the energy efficiency requirements to be more compatible with technological changes since 2006, and easier to administer from both the city's and the developer's perspectives by removing the previous "net-zero energy performance standard" and replacing it with a minimum requirement to meet at least an Earth Advantage "Gold" certification and to be "Photovoltaic Ready." Planning Action 2014-00052 Ashland Planning Department - Staff Report / dds Applicant: WILMA LLC Page 3 of 13 3. Multi-Use Path/Riparian Corridor Restoration & Enhancement. The applicants propose "to change the landscaping requirements of the multi-use path to a level that is more in keeping with what is reasonable to maintain by the City and takes into account what has been learned in the creek side restorations since the development agreement was written. These changes still serve to protect the valuable creek." IL Project Impact Procedurally speaking, the Development Agreement requires in 21.2 that, "Amendment... of this agreement shall be made by adoption of an Ordinance.... The procedures and requirements for amendment... are the some as for approval of a Development Agreement, currently notice and hearing before the Council with a recommendation from the Planning Commission." The current request is before the Planning Commission for a recommendation to Council. The Council will conduct a hearing to consider the first reading of the Ordinance at their regular meeting on February 18. Proposed Modifications - Project Phasing The applicants request to make the projecct a true two phase project, noting that as written, the current development agreement requires the completion of the bulk of the infrastructure with the first phase, and they request modifications to require infrastructure installation more in keeping with the proposed phasing as well as clear flexibility in terms of the order in which the phases are constructed (i.e. either phase could be built first). Specific modifications proposed include: • That the multi-use path and the sidewalk on Nevada Street, from Helman Street to Oak Street, be tied to the construction of Sander Way as part of Phase 11 rather than as a part of Phase I. • That Planning staff have the ability to allow Phase II to be constructed prior to Phase I if the developer requests. • That if the project is built in phases, the first phase that is built will include: o The construction of Almeda Street to Helman Street. o The construction of Perozzi Street. o The construction of curbs, gutters, sidewalks and parkrow planting strips on both sides of Almeda Street and Perozzi Street prior to any home construction for either phase. • That if the project is built in a single phase, 24 lots (50 percent of the combined lots in Phase I and Phase 11) would need to meet the time line requirements of Phase I in the current timeline. The applicants assert that these changes do not adversely affect the final development, and would still yield the improved Dog Park access as the first item to be completed before any lots could be developed. They note that these changes would minimize the Planning Action 2014-00052 Ashland Planning Department- Staff Report / dds Applicant: WILMA LLC Page 4 of 13 land disturbance where lots are not ready to be built upon, and that these changes do not alter the final completion date. They suggest that the only items which might be delayed with the proposed changes are the construction of the Greenway multi-use path and the sidewalk along Nevada Street to Oak Street which would be completed prior to the development of any lots in Phase 11. The application materials include a revised timetable which would replace the adopted timetable as `Exhibit F' of the Development Agreement. STAFF RECOMMENDATION: Project Phasing - Rice Park, the affordable housing portion of the Verde Village subdivision, wag completed with only a partial extension of Almeda Drive and with temporary facilities installed to provide the required fire apparatus access and fire truck turn-around. For staff, the key concerns with any alteration in subdivision phasing are ensuring that whichever portion of the development occurs first includes completion of the extension of Almeda Drive to provide permanent access to the already completed and occupied units in Rice Park for both residents and emergency vehicles, and that Perozzi Street is extended to provide permanent access to the existing, heavily-used Dog Park. The applicants' proposed modifications clearly address these concerns, and staff is therefore supportive of the requested modifications to the project's phasing. Proposed Modifications - Energy Efficiency Performance Standards As originally approved, all of the units in the development are subject to a unique, project-specific "net-zero energy performance standard" that was developed by the applicants' team for the original application submittal from 2006. The stated goal underlying these standards was to provide "the most energy efficient homes constructed in Oregon," and this was to be accommplished through a combination of proper solar orientation, improved thermal envelopes, solar heating, night flush cooling, high efficiency HVAC systems, heat recovery ventilation, and efficient appliances, all of were to achieve 50 percent better performance, and 50 percent less potable water use, than a typical code compliant home at the time. In addition, through the installation of a photovoltaic system, the homes were to be capable of generating as much energy as they used on an annual basis, making them "net zero energy." Specific energy efficiency measures were required, and these ranged from specific requirements for the fighting and water fixtures (only fluorescent or compact fluorescent lighting were allowed, only either dual flush 1.111.5 gpf or single 1.1 gpf toilets were allowed, and all showerheads and faucets were to provide 1.5 gpm fixture controls) to requirements that the homes be designed for "night flush cooling" through the use of mass (concrete floors), improved thermal envelopes and operable windows so that they could be cooled at night to a degree that would elminate the need for air conditioning. The original application included a Comprehensive Plan Map Amendment to upzone the property. Comprehensive Plan Map Amendments require that the proposed change meet one of five factors detailed in Chapter 18.108.060.B and be in compliance with the Comprehensive Plan. Both the Planning Commission and Council's support of the original Comprehensive Plan Map Amendment's approval were based on the energy and water conservation measures proposed addressing an identified public need for energy Planning Action 2014-00052 Ashland Planning Department- Staff Report I dds Applicant: WILMA LLC Page 5 of 13 and water conservation in new homes as supported in the Ashland Comprehensive Plan (Chapter XI, Policy #3-C, -D, -E and -G, and Policy #8-B). The Council further found that the energy efficiency measures proposed supported the requested up-zoning as they equated favorably to development under the prior Comprehensive Plan designation with density bonuses for affordability and energy efficiency. As part of the original approval, building permits were required to include a summary of how each unit complied with the energy efficiency performance standard to facilitate plan review. The affordable homes at Rice Park were constructed according to these performance standards and staff believes this posed substantial complications to the plan review, construction and inspection processes because of the uniqueness, specificity and complexity of the standards which leave little room for variation and which differ drastically from what most contractors are used to building under either standard codes or the common third-party "green building" accreditation programs like LEED or Earth Advantage. The applicants are asking to replace these unique, project-specific energy efficiency performance standards with a requirement that each home obtain at least an Earth Advantage "Gold" certification and be "Photovoltaic Ready." They explain that this would benefit the city both through the ease of administration and through the ability to automatically change with technological developments, and suggest that with the modifications proposed they will still satisfy the standards initially approved. The applicants note that that the Earth Advantage Gold with Photovoltaic Ready option produces homes that are at least 15 percent more energy efficient than current codes, that the solar orientation of the homes is not proposed to change, and that the proposed modifications continue to address the Comprehensive Plan's identified public need for energy and water conservation in new homes. Earth Advantage certification considers materials and methods to reduce energy and water usage and improve indoor air quality; development practices which diminish land degradation and deforestation, promote healthy landscapes, reduce waste, and prevent potential erosion associated with development; and the encouragement of local, environmentally responsible, durable materials. Builders complete a points worksheet detailing the proposed approach to the development, and an independent third-party verifier visits the site to verify compliance. Earth Advantage has various levels of certification including silver, gold, platinum, net zero ready and net zero. The City of Ashland is the local Earth Advantage license-holder, with certified inspectors on staff and additional third-party inspectors in the community operating under the city license. The Earth Advantage program is currently the program used in granting density bonuses for Conservation Housing, and city staff and the local development community have a general familiarity with the requirements of the program. The Conservation Department is reviewing the proposed modifications, and staff anticipates that they will provide an assessment and recommendation relative to the proposed changes prior to the Planning Commission's hearing. Planning Action 2014-00052 Ashland Planning Department -Staff Report/ dds Applicant: WILMA LLC Page 6 of 13 STAFF RECOMMENDATION: Energy Efficiency Performance Standards - While homes certified as Earth Advantage Gold/Photovoltaic Ready would not be the "net zero energy" homes originally envisioned for the development, staff believes that the level of energy efficiency proposed would continue to support the original up-zoning approval findings that the project meets an identified public need for energy and water conservation in new homes, and that the energy efficiency measures and affordability would equate favorably to development under the previous Comprehensive Plan designation with density bonuses for affordability and energy efficiency. In addition, staff' believes that the change to an established, standardized rating system with independent third party verification of compliance would simplify the plan review and inspection processes on the city side. For the applicants, it would likely have the added advantage of being a program with which designers, contractors, lenders, realtors and homebuyers have a greater degree of familiarity and would thus be more willing to invest. As such, staff is supportive of the proposed modifications to the project's energy efficiency requirements. Proposed Modifications - Multi-Use Path Landscaping and Riparian Restoration & Enhancement The original Verde Village application included a land exchange between the developers and the city. Because the city lands involved were originally purchased with federal funds as park land, there were requirements to ensure that the land received in exchange was of equal or greater value for public use and that the exchange would further the public interest. As originally approved, the exchange was for 1.54 acres of the city's ten- acre "Dog Park" parcel, including the access drive and entry lawn area, for 2.78 acres of land from the developers which had previously been identified by the city for acquisition in the adopted "Parks, Trails and Open Space Master Plan" map. In addition to the real property exchanged, as part of the Development Agreement, the City was also to receive a new city standard public street entrance to the Dog Park and an additional 1,300 lineal feet of multi-use pathway to extend the regional Bear Creek Greenway Trail. The value of these improvements was specifically noted as not being considered in the valuation for the land exchange. The original findings in support of the land exchange noted, "City finds that the difference in value between the two parcels being exchanged is $150,000 in favor of City, based on the analysis and conclusions contained in the Appraisal Reports commissioned by City, contained in the record and incorporated herein by this reference. AFSG agrees to "gift" the $150,000 difference in value to City." These findings also noted, "The approximately 2.78 acres of property received by the City will be used for public open space and passive recreation, including the greemvay trail. The reasons stated for City Council consideration for the exchange include but are not limited to the added value to the City's Parks and Trails system.... Acquisition by City of the [parcel]... provides City with the opportunity to extend City's multi-use path, which is part of the regional Bear Creek Greenway. The real property exchange also provides the public with additional scenic frontage along Ashland Creek. Further, acquisition of the Williams Property provides City with an opportunity to benefit the community by preserving and enhancing the riparian area along Ashland Creek." Planning Action 2014-00052 Ashland Planning Department - Staff Report / dds Applicant: WILMA LLC Page 7 of 13 As approved, the multi-use path will weave above and below the riparian zone and the top of the slope of the creek corridor. The path will cross slopes of 40 to 50 percent in some areas and will include retaining wall construction to retain the necessarily steep cuts. The riparian corridor is regulated both by the requirement to preserve significant natural features in the Outline Plan approval criteria, and by AMC Chapter 18.62, Physical and Environmental Constraints, which requires a Physical Constraints Review Permit for construction of the path on Riparian Preservation lands. The multi-use path will also be within five feet of the edge of one of the site's wetlands for a distance of approximately 40 feet. To ensure that the path installation was adequately buffered and would not negatively impact the functions of the riparian area or wetland and satisfied the Physical Constraints Review Permit approval criterion requiring demonstration that all reasonable steps to reduce adverse impacts on the environment would be taken with the path installation, the applicants were required to provide a: mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10 foot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re-vegetated and an additional area restored and enhanced with local source native plant material including ground cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. The applicants provided the required mitigation plan along with plans for the multi-use path installation as part of the Final Plan application for Phase I of the development (Planning Action #2008-01853). This plan proposed the mitigation of approximately 46,005 square feet of the riparian setback area (i.e. the full riparian corridor area between the proposed path and the creek) to mitigate habitat impacts and provided an additional approximately 9,382 square feet of non-invasive ornamental plantings selected for their habitat and screening value outside of the riparian setback area. As required in the Development Agreement, there was also a maintenance period where the applicants were responsible for the maintenance and replacement of any plantings which failed to survive three years after the path's completion. Planning Action 2014-00052 Ashland Planning Department - Staff Repod l dds Applicant: WILMA LLC Page 8 of 13 With the current request, the applicants propose "to change the landscaping requirements of the multi-use path to a level that is more in keeping with what is reasonable to maintain by the City and takes into account what has been learned in the creekside restorations since the development agreement was written. These changes still serve to protect the valuable creek." With the request, they would reduce the plantings associated with mitigating the path installation to the areas within four-feet of the path itself and any additional lands disturbed through construction of the path. They would also plant the ten-foot buffer along the eastern property lines of units 25-39 and 68 on the subdivision property as required in the original approval. The application materials provided emphasize that the restoration and enhancement of the creek corridor were not considerations for the land exchange - only the lands' location, size and the multi-use path itself were considered, and these are not proposed to change in terms either of the value of the exchange or in furthering the public interest with the requested modifications. The materials provided suggest that the currently approved mitigation plan requirements are not appropriate in light of recent experiences with creekside restoration, and that the blackberries and other non-native plants that are currently on the property serve to protect the stream. They go on to suggest that by removing these plants and replacing them with natives, it would adversely impact the stream in the short term by removing the shade which currently cools the water, and that by planting all of the new plantings at once there would be higher plant mortality rates because of the sudden change to the growing conditions. They note that the Parks Department has estimated that it would cost roughly $49,000 per year to maintain the new plantings as all maintenance would need to be done by hand, rather than through chemical application, because of the proximity to the creek. The applicants conclude that this is a high cost with little benefit, and that the changes proposed would reduce costs by 60 to 75 percent. [The Parks Department has subsequently revised their estimate and indicated that maintenance of the full three-acre maintenance project would run $39,000 per six-month season, including irrigation and staff time, and that with the reduced planting area proposed by the applicants here, costs might be reduced to one quarter of that amount.] The Ashland Parks and Recreation Commission considered the proposed modifications to the pathway installation and associated riparian landscaping and made a number of recommendations. The meeting minutes of their discussion, and a memorandum from Parks Director Don Robertson detailing and explaining their recommendations, have been included in the Planning Commission's packets. The Parks Commission's recommendations were as follows: 1. With regard to the time for improvements, the Commission made a motion to "recommend to Council allowing Verde Village developmers to wait for the second phase of development to install the path if the first phase was not along the path; however if the first phase was implemented and the developers did not put in the second phase along the pathway, after five years they would need to build the path." This recommendation was unanimously approved. 2. With regard to the pathway landscaping, the Commission recommended that, "the proposed vegetation in the development plan be reduced to an 18-foot wide corridor Planning Action 2014-00052 Ashland Planning Department - Staff Report / dds Applicant: WILMA LLC Page 9 of 13 along and including the bike path, including any affected or disturbed areas within that corridor which would be revegclated, as opposed to how the plan is shown." In explaining this recommendation, Parks staff noted that the concern of the Commission was that they would receive a large re-vegetated piece of property that would be impossible to maintain at a reasonable cost with a reasonable chance of success. They suggested that the proposed modifications would accomplish the need for replacing vegetation on disturbed areas and begin the process of eliminating noxious and invasive weeds but would not saddle the department with a project that was too large, and thus too costly, to be adequately maintained. 3. Also with regard to the pathway landscaping, the Commission asked that Council, "allow Parks' professional staff the flexibility to work with the developer to identify any additional trees to plant outside or inside the identified 18 foot corridor. " Based on the minutes, it appears the intention was that some additional trees could be strategically planted and maintained further into the riparian corridor to establish themselves and gain dominance over the blackberries leading to a higher survivability and success rate. 4. The Parks Commission made no recommendation with regard to the possibility of reducing the maintenance period associated with the revegetation from three-years down to one-year. Parks staff have noted that the feeling among Commissioners was that the existing maintenance period was appropriate, and that with the changes they were supporting the scope of maintenance necessary would ultimately be reduced to a level that was reasonable for the developer to maintain, and would provide a higher likelihood of success for the plantings when ultimately turned over to the Parks Department. STAFF RECOMMENDATION: Multi-Use Path Landscaping/Riparian Corridor Restoration & Enhancement - While staff strongly disagrees with the applicants' assertions that the short term disruption associated with riparian restoration and enhancement somehow outweighs the long-term benefits of restoring native plantings to support the restoration of healthy riparian corridor function, we recognize that the scope of the previously approved mitigation plan went well beyond what was necessary to mitigate the disturbance associated with the path installation. Particularly in light of the Ashland Parks and Recreation Commission's general support of the request, staff would recommend that the Planning Commission forward a recommendation to Council in support of the requested modifications to the multi-use path landscaping and riparian corridor restoration requirements with the following (hopefully minor) modification to the applicants' request: • That the revised plan (replacing Sheet R-I from December 1, 2008) to be provided prior to pathway installation shall illustrate the proposed pathway installation and the redefined limits of the slope stabilization and associated revegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected and placed after consultation with Parks Department staff. HL Procedural - Required Burden of Proof Planning Action 2014-00052 Ashland Planning Department - Staff Report i dds Applicant: WILMA LLC Page 10 of 13 The criteria for Outline Plan subdivision approval or modification from the Performance Standards Options Chapter are detailed in AMC 18.88.030.A.4 as follows: a. That the development meets all applicable ordinance requirements of the City ofAShland. b. That adequate key Cityfacilities can be provided including water, sewer, paved access to and through the development electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. C. That the existing and natural features of the land, such as wetlands, foodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the earlyphases have the same or higher ratio of amenities as proposed in the entire project. f. That the proposed density meets the base and bonus density standards established under this Chapter. g. The development complies with the Street Standards. The criteria for approval or modification of a Physical & Environmental Constraints Review Permit to allow construction of a multi-use path in the Ashland Creek riparian preservation area are detailed in AMC 18.62.040.1 as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts hove been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. IV. Conclusions and Recommendations The Verde Village project envisioned a unique mix of housing types and energy conserving housing that Ashland has not seen before in a subdivision, and included connectivity improvements to better serve the now constructed affordable housing in Rice Park, the Dog Park, the Bear Creek Greenway and the surrounding community. In staff's view, the merits of the project remain years following its approval and it is unfortuneate that the economic downturn of the "Great Recession" has jeopardized realization of the applicants' original vision for the development. Planning Action 2014-00052 Ashland Planning Department - Staff Report I dds Applicant: WILMA LLC Page 11 of 13 Staff have previously expressed support for modifications of the approved timetable of development to give the applicants as much opportunity as allowed under city and state regulations to make the project happen, and staff are generally supportive of the modifications requested here. Specifically: • Project Phasing - Rice Park, the affordable component of the Verde Village subdivision, was completed with only a partial extension of Almeda Drive, with temporary facilities to provide required fire apparatus access and turn-around. For staff, any alteration in phasing needs to include completion of the extension of Almeda Drive to provide permanent access to the already completed and occupied units in Rice Park for both residents and emergency vehicles, and of Perozzi Street to provide permanent access to the Dog Park. The proposed modifications clearly address these concerns as required regardless of which phase is built first. • Energy Efficiency - While homes certified as Earth Advantage Gold/Photovoltaic Ready would not be the "net zero energy" homes originally envisioned for the development, staff believes that the level of energy efficiency proposed can still be found to support the original up-zoning approval findings that the project meets an identified public need for energy and water conservation in new homes, and that the energy efficiency measures and affordability proposed would have allowed for density bonuses comparable to the original up-zoning. In addition, the change to a third-party rating system would simplify plan review and inspections for the city while providing the applicants a program with which designers, contractors, realtors, future homebuyers, lenders and inverters have a greater degree of familiarity and comfort. • Path & Riparian Corridor - While staff believes that the long-term benefits of restoring native plantings to support healthy riparian function outweigh the impacts of any short term disruption, we also recognize that the scope of the previously approved mitigation plan went beyond what was necessary to mitigate the disturbance of the path installation. In light of the Ashland Parks and Recreation Commission's general support, and concerns over their ultimate maintenance cost for a larger project, staff recommends that the Planning Commission forward a favorable recommendation to Council with the following modification requested by the Parks Commission, "That the revised plan (replacing Sheet R-1 from December 1, 2008) to be provided prior to pathway installation shall illustrate the proposed pathway installation and the redefined limits of the slope stabilization and associated revegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected and placed after consultation with Parks Department staff. Pathway improvements shall be installed with the second phase of development, but no later than five years following completion of the first phase. " Should the Planning Commission concur with staff and choose to forward favorable recommendations to Council for the requested modifications, staff would recommend that the following conditions be added to the Development Agreement's "Revised Revised Exhibit E, Verde Village Special Conditions" to reflect the proposals of the applicants in the current request : Planning Action 2014-00052 Ashland Planning Department- Staff Report / dds Applicant: WILMA LLC Page 12 of 13 30) Phasing. That Phase I and Phase II refer to specific portions of the development, and the applicants shall have the ability to construct Phase II prior to Phase I, or to construct both phases at the same time. If the project is built in a single phase, 24 lots (50 percent of the total number of lots in Phase I and Phase II) would need to meet the timetable for Phase I. If the project is built in phases, whichever phase is constructed first shall include: the construction of Almeda Drive from its current terminus out to Heiman Street, and the construction of Perozzi Street (formerly Canine Way') from Almeda Drive to the Dog Park. Both streets shall be completed according to the approved plans (including paving, curbs, gutters, sidewalks and parkrow planting strips with street trees on both sides), inspected and approved prior to the construction of any homes for either phase. 31) Multi-Use Path & Nevada Street Sidewalk Timing. That the multi- use path and the sidewalk on Nevada Street, from Helman Street to Oak Street, shall be tied to the construction of Sander Way as part of Phase II, rather than as a part of Phase I. A revised plan (replacing Sheet R-1 from December 1, 2008) shall be provided prior to pathway installation illustrating the proposed pathway installation and the redefined limits of the slope stabilization and associated revegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected and placed after consultation with Parks Department staff. The multi-use pathway improvements shall be installed with Phase II of the development, but no later than five years following completion of the first phase." Planning Action 2014-00052 Ashland Planning Department- Staff Report l dds Applicant: WILMA LLC Page 13 of 13 Proposed Modification of the JAN 1; 0 ;2014, Verde Village Development Agreement 1. Introduction Since the approval of the Development Agreement in January of 2009, we have moved ahead with the development of Verde Village by finishing the land exchange, the donation of land to Rogue Valley Community Development and the building of the affordable housing which is now fully occupied. Due to the 'Great Recession' we have been in a holding pattern since funds have dried up. Now that the economy is starting to improve we are looking at the project with 2014 eyes. There are items in the Development Agreement that are not in the best interest of the City or the development. It is to the City of Ashland's advantage for this project to move forward. The road to the Dog Park needs to be improved and the multi-use path, included in this project, will be an asset to the City. Then there is the advantage of the tax and fee revenue generated from the homes. We believe that the modifications we are proposing will help to cause this project to be completed sooner. We are requesting the following changes. 1. To make the project a 2 phase project- Throughout the development agreement there is reference to Phase I and Phase ll. The reality is that the way the time line was written it is a one phase project because all of the improvements need to be made first even if they are not associated with Phase I. So we will be requesting that requirements in the physical area of Phase II be moved in the time line to the place in the time line that refers to Phase II. We are also asking for flexibility in the order the phases are built. 2. To change the energy efficiency requirements so they are more compatible with the new technology, easier to administer from both the City's prospective and the developers. This will be done by removing the K3 document and replacing it with a minimum requirement to meet Earth Advantage Gold and be "Photovoltaic ready". 3. To change the landscaping requirements of the multi-use path to a level that is more in keeping with what is reasonable to maintain by the City and takes into account what has been learned in the creek side restorations since the development agreement was written. These changes still serves to protect the valuable creek. It is our belief that with these changes the project will be a better project by incorporating what has been learned in the 6 years since it was written. Page 1 of 7 JAN 1 -0 '•2014 If. Proposed Modifications to the Revised Exhibit F Timetable of Development, a. That the multi-use path and the sidewalk on Nevada to Oak Street be tied to the construction of Sander Way, Phase II construction not the Phase I construction. b. That staff have the ability to allow Phase II to be constructed prior to Phase I if the developer requests. c. if the project is built in phases the first phase that is build will include; I. The construction of Almeda Street to Heiman Street if. The construction of Perozzi Street !if. Curbs, sidewalks and park rows will be completed on both sides of Almeda Street and Perozzi Street prior to any home construction in Phase 1 or Phase II d. If the project is built all at once 24 lots (50% of the lots in Phase I and Phase 11) need to meet the time line requirements of Phase I in the current timeline. These changes do not adversely affect the final development. It still has the improved access to the Dog Park as the first item to be completed prior to any new lots being developed. It minimizes the disturbance of land in areas where lots are not ready to be built on. The final completion date is not changed. The only items that may be delayed are the multi-use path and sidewalk to Oak Street. This delay would only happen if Phase II was developed after Phase I. In any case multi-use path and sidewalk to Oak Street would have to be installed before the development of the any of the lots in Phase II. A proposed revised Exhibit F Timetable of Development - Outline Plan Physical Commencement and Completion is attached to this document. This revised document clearly shows the changes that need to be made in the timeline. III. Proposed Modifications to Energy Performance Standards Outlined" in Exhibit K-3 of the approved Outline Plan's Book III narrative 1) We are requesting the removal the following and their requirements: a) Exhibit K-3 of the Revised Outline Plan Book III revised October 24, 2017 b) Exhibit E of the. Development items i) # 11- Energy Conservation Earth Advantage Program. A minimum of 53 of the residential units shall qualify in the City of Ashland Earth Advantage program. The applicants shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. ii) # 12 - Energy Conservation: Net Zero Energy._53 residential units, in the subdivision, i Including the cottages, duplexes and single family units, shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III Page 2 of 7 t f Narrative revised October 24, 2007. The Final Plan application shall include systems for measuring and monitoring compliance of the development with the Performance Standard that is administered by the applicants and verified by the city. iii) "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III-Narrative revised October 24, 2007 shall be consistent with the following. (1) That all dishwasher and washing machines shall qualify for the State of Oregon tax credit and be selected from the list of qualified machines maintained by the Oregon Department of Energy. (2) That each home that would be built to the standards encompassed in the applicant's Exhibit K shall be provided with a Photovoltaic (PV) system that is either 3kW's in size or produces 1.5 Kwh's/Sq. Ft./Yr. whichever Is less, and also be provided with enough available south facing unshaded roof space to double the size of the PV system. (3) That the homes will meet a minimum requirement of R-49 attic insulation for flat ceilings. (4) That the passive solar homes shall meet the State of Oregon's minimum requirements for the passive solar home tax credit. c) Council Conditions from the development agreement. i) #26 That 53 residential units In the subdivision, Including the cottages, duplexes and single- family units, shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III - Narrative revised October 24, 2007. The Final Plan application shall include systems for measuring and monitoring compliance of the development with the Performance Standard that is administered by the applicants and verified by the city. ii) #27 That a minimum of 53 of the residential units shall qualify in the City of Ashland Earth Advantage program. The applicants shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. iii) #44 That "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III-Narrative revised October 24, 2007 shall be revised as follows. (1) That all dishwasher and washing machines shall qualify for the State of Oregon tax credit and be selected from the list of qualified machines maintained by the Oregon Department of Energy. (2) That each home that would be built to the standards encompassed in the applicant's Exhibit K shall be provided with a Photovoltaic (PV) system that is either 3kW's in 'size or produces 1.5 Kwh's/Sq. Ft./Yr. whichever is less, and also be provided with enough available south facing unshaded roof space to double the size of the PV system. (3) That the homes will meet a minimum requirement of R-49 attic insulation for flat ceilings. (4) That the passive solar homes shall meet the State of Oregon's minimum requirements for the passive solar home tax credit, 2) To replace these with the following JAN 1,0 2014 Page 3 of 7 cM^r. ~t Energy Conservation: Earth Advantage Program. A minimum of 53 of the residential units shall qualify in the City of Ashland Earth Advantage program with at least a Gold rating. That a minimum of 53 of the.residential units be constructed as Photovoltaic ready. Earth Advantage Gold is a third party accreditation that changes as technology and our understanding of the environment changes. Photovoltaic ready means that the homes need to have wiring and/or chases to connect the potential photovoltaic units on the roof to the potential unites to run the photovoltaic system. It also means that the roof needs to be designed to house the photovoltaic system. These changes have many benefits to the City of Ashland. 1. Ease of administration- Earth Advantage is designed to keep up with current technology, there is less of a chance of conflicting requirements and a better chance of the builder, developer and City staff to have a common understanding of the requirements. 2. Ability to automatically change as technology changes- There would not be the issue of having to request approval from the Planning Commission and City Council when there is a new more efficient technology. As an example the type of light bulb required now is fluorescent or compact fluorescent lamps. LED lights are not allowed. 3. The- Development Agreement as modified by this change will still satisfy the standards initially approved. The Earth Advantage Gold with the Photovoltaic ready option produces homes that are at least 15% more energy efficient than current code. There are no changes being requested that would change the east-west axis for a true South building orientation so that the optimum solar efficiency is gained. With the proposed modifications this project still meets the identified public need for energy and water conservation in new homes as supported in the Ashland comprehensive Plan. IV. Proposed Modifications to the Multi-Use Path Installation The City of Ashland's Compressive plan shows the Multi-Use path in the same area as shown on the Development agreement. Getting it there was a challenge, first we had to get an exception to street standards. The Planning Commission and the City Council both agreed with applicant that having a Multi-Use path near a stream was better environmentally than having a street. We are not requesting any changes that affect this decision. Then there was the land swap. The land that is now the dog park.and the road to the dog park was purchased with Federal parks money. With that money came stringsl The swap could only take place if the land the city received was of greater value than the land they gave up and "furthered public interest". The changes we are requesting still give the city added value and further public interest. JANi 1.0 2014 Page 41-of 7 Added value- The restoration and enhancement of the vegetation was not part of the land swap application. The lands location, size and multi-use path were. There are no changes to these items being requested. Furthered public interest- The location of the land along a creek satisfies this requirement. The protection of the stream and the improved multi-use path are a bonus. The requirement.to provide for the restoration and enhancement of the Park Corridor Riparian areas are not appropriate in light of recent experiences with creek side restorations. The black berry and other non-native plants that are currently on the property are protecting the stream. The removal of these plants and replacement with new plants in the short term would adversely affect the stream by not providing shade to keep the stream cool. In nature not all plants start at the same time. One type of plant starts which provides an environment for another plant. When all types of plants are planted at once in this type of setting the success rate of the plants is low because growing conditions are changing so fast. The cost to maintain the entire area is estimated by the Parks Department at about $49,000 a year. Because the currents plants are very invasive and hard to remove and because chemical application is not appropriate due to the close proximity to the. creek all maintains would have to be. by, hand. This is a high price with little benefit. The changes being proposed would reduce this cost by about 60% to 75%. ;JAN '10 :G014' We propose to restore and enhance; The area within 4 feet of the multi- use path, Any land that is disturbed in the construction of the multi-use path, ` The 10 foot riparian corridor buffer in Phase II eastern property line units 68 and 25 - 39 AMC 18.62 requires the following 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. The mitigation plan has been submitted and approved. We will adhere to that plan in the construction of the path and any areas that are disturbed by the construction of the Multi-use path. Where the disturbance is less than 4 feet on either side of the path we will follow plan in that 4 foot buffer. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. This has been addressed with City Council Condition #15 below. The plan has been approved and we are not asking to change the 10 foot riparian corridor. The area between the path and the development will remain as designed. The path will remain as designed and then there will be at least 4 feet to the east and north of the path that will Page 5 of 7 remain as designed. That is a minimum of 24 feet of riparian corridor and path between the development and the stream. #15 The Final Plan application shall include a mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10-foot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re-vegetated and an additional area restored and enhanced with local source native plant material including ground,cover, shrubs and trees"at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. 3. That the'applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. In addition to the steps listed in item 2 above. We will follow the approved plan in any areas that are disturbed by the construction of the Multiuse path. The design and mitigation measures have already been approved. We are only asking that we not impact that riparian area any more than is necessary to build the Multi-use path in a responsible manner. A revised plan which clearly delineates the proposed pathway installation and the limits of the slope stabilization and revegetation proposed will be submitted to the City for approval prior to the construction of the multi-use path. This would be a modification of sheet #R-1 from December 1, 2008 which'was approved in conjunction with the Final Plan approval for the cottages. The only modification we are proposing is that the first sentence of the Development Agreement Exhibit E.5 be changed from The Owner shall be solely responsible for the restoration and enhancement of the Riparian Corridor to be conveyed to the. City as part of the land exchange. TO The Owner shall be solely responsible for the restoration and enhancement of .JAN j Q 1614 Page 6 of 7 the area of the Riparian Corridor that is disturbed in the construction of the multi-use path and 4 feet on either side of the Multi-use path, to be conveyed to the City as part of the land exchange. V. Miscellaneous additions a. To the extent anything in this approval and conditions conflict, it is the intent of the Council that the provisions adopted in this document be the governing requirements superseding all other references which may be in conflict with it. b. Upon approval this document will be recorded on the property. VI. Conclusion We respectfully request that you help to make Verde Village a reality by accept the changes we have requested. We have already provided the City of Ashland with 15 affordable homes and the land to extend the Multi-use path as planned for in the Compressive plan. The roads and phase I engineering plans have been approved by the City of Ashland and are ready to be built. What we need now is some common sense changes to make this project a reality. The change in timing which allows for a 2 phase project, will not change the finished development, to the contrary it may cause it to finish sooner. The changes in the energy efficacy requirement still leave Ashland with a project it can be proud of and the potential that the final home owner will carry those efficiencies even further. The reduction of the plantings in the riparian area does not adversely affect the stream health and makes economic sense to both the development and the City of. Ashland. We have shown that the changes still meet all the requirements of the City of Ashland: - Let's make this project a reality! J,4N 1 0 2014 r~ ,t Page 7 of 7 Ordinance #3082 Attachment 1 THIRD AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT COUNCIL-APPROVED TIMETABLE EXTENSION THIS THIRD AMENDMENT is made and entered into this 4th day of June 2013, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting approval to the Verde. Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement, and Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010 WILMA LLC requested an extension for the entire project in accordance with the Recession Extension ordinance. Whereas, on June 6, 2010 the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; Whereas, on April 2, 2013 WILMA LLC requested an extension for the entire project in accordance with the allowances of the original development agreement and the Oregon Revised Statutes. Whereas, on June 4.2013. the Ashland City Council adopted Ordinance No. #3082 which amended the timetable for the entire project. NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: 1. The above recitations are true and correct and are incorporated herein by this reference; and 2. Exhibit F, Timetable of Development, is hereby amended to reflect a seven (7) year extension of time for all eligible timetables, said extension being reflected in a Revised Exhibit F, attached hereto and made a part hereof by this reference. 3. All other provision of the Verde Village Development Agreement, not inconsistent with the above changes remain in full force and effect. l J JAN 1 D '2014 r r.' Ordinance #3082 Attachment 1 IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Agreement was executed by all parties. WILMA LLC CITY OF ASHLAND By: By: Gregory D. Williams, Managing Member John Stromberg, Mayor Date: Date: Approved as to Form: John Blackhurst, Attorney for OWNER/DEVELOPER STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this _ day of 2013, by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC. Notary Public for Oregon My Commission Expires: STATE OF OREGON County of Jackson ) The foregoing instrument was acknowledged before me this _ day of 2013, by John Stromberg, as Mayor and authorized agent of City of Ashland pursuant to Ordinance # Notary Public for Oregon My Commission Expires: Approved as to Form: David Lohman City Attorney JAN, 1.0 1014 ! r.F i Ordinance #3082 Attachment 1 REVISED EXHIBIT F TIMETABLE OF DEVELOPMENT - OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement Phase I *include's> the R-13 5 portion of [he ]roject-twenty four cottage units along with 1 S! family lot:Phase ll'includes all other lots' the multi=use nath..the 'sidewalk on the north s de bf Nevada'. he iRmaiian Cori idor. a nd;Wetlandarea.._ Phase, l and Phase II-•inay be constructed'in anv order or' at.tlie same nme If the p~oieet is constructed iP two- ase -the completion of AIm,;rj iwill'beincluded in,the firsf " phase. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17, 2010. t t[Physical CommencementofRice Park ajfordable housiogproject, a portion of Phase I, commenced on June 1, 2009. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17 2023. Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction I July 17,2009* July 17, 2020 January 17, 2022 '[Final Plan Approval was obtained on 01-06-09 for Rice Park a portion of Phase I] '[Final Plan Approval was obtained on 01-25-09 for the remainderofPhase 1] July 25, 20113# Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract foe Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to She first Phase 1 elements no later than specified. #[Final Civil Plan Approval (construction authorizationjfor Rice Park a portion of Phase 1, was obtalned on May 5, 2009.] July 17, 2020. Complete extension of Almeda to Nevada Street, completion of construction of "Canine Way' access to Dog Park, including 'installation of water, sanitary sewer, storm drainage power, gas; telephone and all utilities. jul}.. ,R" .cv,,,presc. aiae~.,:,nvnm.c-mercn . MN 1,0 2014' t, t e-6ef AlpvadA anal f ry Ordinance #3082 Attachment 1 1.; , AwA r;:;.,..1:....: D,...t,..:..w,.., nd eas July 17, 2020. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 townhome units). July 17, 2020. Complete construction of "subdivision" Infrastructure for- the- ffst; UPhase 1 IfD r.9 c. . c I . f i asivc vFture fu= 9- X3 _la.^6'.~ "eq ..July 17, 2020. ;D Qse~Deadline for final survey to be signed after completion of "subdivision infrastructure and before start of vertical constructiomforthe'first phase: July 17, 2011.tt Deadline to transfer property title to Affordable Housing Tract to Rogue Valley Community Development Corporation (RVCDC) or other approved non-profit affordable housing developer. Transfer shall occur prior to vertical construction on any Phase of the project tt The Affordable Housing Tract was transferred to RVCDC on December 09, 2008, upon approval of the early conveyance by the City Council on October 07, 2009. January 17, Z= Vertical construction deadline.for all' of the fist 12hase-units .on 24 uni "(500/Wofthe,units' inaliis:oroiectl;twenty. 1 aCdktlfllC-t,9. _C4k f1Cl If, i.:.'.. 1 'i.. fn'r. JAM 10 2014 f Ordinance #3082 Attachment 1 Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction 11 July 17, Z= July 17, 2022 January 17, Z11P.3 January 17,2&22,3# Final Civil Plan. Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and.Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to 'th`e second ~pljmPhase 4! elements within 18 months of Final Plan Approval, no later than specified. July 17, Z=. Complete construction of "subdivision" Infrastructure for the-second a e nl:~r~Umro•r c=.. nr--«I. melush-4. for PIP July 17, 2022. -Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction forthe second 'phase. January 17, 2M. Vertical construction deadline for-the iretrainder:of the units Y twenty, five z(24~single nnnnnn n :h'. .a♦ af4.l ~ rL.1.AO 7A90 !`,::anl;awn F ne.::,:« -c.:a m '...hi ',c-cmxa-va-inmrxccnm,cc, m JAP! Il.l) ` 2p14 Seeari~ Pei+e"~fer Resta~atae~-ail F RipatOij r.:'.. a aW . n nh..: , ..E.. ,r s Failure to strictly comply with this timetable of development requires an amendment to this Agreement and subjects the Owner to then current laws, including but not limited to engineering construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer, physical commencement and the ZW completion deadline shall not be administratively extended. After the construction termination date, no further development as authorized herein (except for building permits for single family units on.individual. platted lots) shall be allowed on the Ordinance #3082 Attachment 1 subject property unless such development is in compliance with applicable development regulations in effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in effect at the time the amendment is sought Failure of the timetable of development to list an element of the Project does not relieve or excuse the Owner from the requirement to complete that element. JAN 1'0 ?014 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Request for a Boundary Line Adjustment at the corner of 511 Clinton and 625 N. Mountain Avenue FROM Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY This is a request for a boundary line adjustment at the corner of 511 Clinton and 625 N. Mountain Avenue, where a house has been built that inadvertently encroached on city property. BACKGROUND AND POLICY IMPLICATIONS When the Riverwalk neighborhood was constructed, the house located at 625 N. Mountain was built with a corner of the home located on park property. This was not discovered until summer 2013, when new owners moved into the home and inadvertently encroached further into the park property located behind them. Staff contacted the property owners and worked with them to remove the soil they had pushed into park property. This was accomplished at their expense. Further, Parks worked with them to secure a surveyor to mark the corners of the lot. The Parks Commission was notified and staff was directed to continue working with the property owners to ensure they had a minimally legal lot that met the basic setback requirements, with the owners charged a real market value for any property transferred to them. The property owners will also need to pay all Planning fees associated with this boundary line adjustment. FISCAL IMPLICATIONS The square footage required to meet the minimum setbacks for the home is 814 square feet. The real market value for the property is $38.02 per square foot, for a total cost of $30,948.28 to be paid by the homeowners prior to the boundary line adjustment. STAFF RECOMMENDATION AND REQUESTED ACTION Staff recommends approval of the proposed boundary line adjustment at 625 N. Mountain Avenue. SUGGESTED MOTION I move to approve the recommended boundary line adjustment for 625 N. Mountain Avenue, adding 814 square feet for a total cost of $30,948.28 per the attached tax lot map. Page 1 of 2 CITY OF ASHLAND ATTACHMENTS • Tax lot map • Planning Division memo and narrative Page 2 of 2 ~r, PROPOSED PROPERTY LINE ADJUSTMENT TAX LOT 3000 & TAX LOT 3100 PROPERTY OWNERS TAX LOT 3000 CITY OF ASHLAND ON 04-139599 511 CLINTON STREET (541) 488-0426 PARKS "k RECREATION DACE DOriE ON 12-030179 625 N. MOUNTAIN AVENUE / ^~~~~•i~ TAX LOT 3100 D54~ ~ 42 i (541) LAND SURVEYOR l ! RICHARD F. ALSPACH, PLS 2653 TERRASURVEY, INC. O 274 FOURTH STREET AREA OF ADJUSTMENT ASHLAND OR 97520 (541) 482-6474 814.+ SQ.FT. Lu N8956'211W ZONING. R-1-5 t Pav0 Troy z 41 EXISTING LINE PROPOSED LINE m18 AREA SUMMARY L 00, PROPERTY LINE ADJUSTMENT DOYLE N - z TAX LOT BEFORE ADJUSTMENT AFTER ADJUSIMEIJT POND / Y a. SB9355~.9E e2 3000 271,406.+SQFT 270,592±SQFT RUBIN 3100 4,204fSQFT 5,018.tSQFT TL 3200 z O BUCCINO 1 7L 3300 i BERG/AVERY T _ Q TL 3400 _ LEGEND PROPERTY LINE ADJACENT PROPERTY LINES z S T R E E T (VARIES) F.S FXW SURVEY, OFFICE OF THE COUNTY SURVEYOR JACKSON COUNTY, OREGON OR- OFRCIAL RECORDS, JACKSON COUNTY, OREGON REGISTERED [PLANA ROFESSIONAL SURVEYOR TERRASURVEY, INC PROFESSIONAL LAND SURYEYORS OREGON 274 FOORTHSTREET _ JULY 19, 1994 AM". OREGON 97$20 RICHARD F. ALSPACH (541)4826474 No. 2653 twrain•bBp net Renewal 12-31-2013 JOB NO. 923-13 SHEET T OF 1 CITY OF ASHLAND January 9, 2014 Don Robertson Ashland Parks and Recreation 20 East Main St. Ashland OR, 97520 RE: PA# 2013-01915 (Map 39 lE 04DA, Lots 3000 and 3100) On January 8, 2014, the Planning Division reviewed and approved your request for a Boundary Line Adjustment between the properties located at 511 Clinton and 625 North Mountain St. The review finds that per Planning Action 2013-00293, that all requirements of the NM-MF zone are met, are required to meet the conditions below: 1) That prior to signature of final plat, evidence of Council approval would need to be submitted to the Planning Division for review. 2) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 3) This approval is valid for one year only, and a final survey shall be submitted within that time period. Boundary line adjustments become final once a final plat is signed by all affected parties, approved and signed by the Community Development Director, and recorded at the Jackson County Assessor's office. Michael P a, Assistant P nner Planning Division, Department of Community Development Cc: TerraSurvey Inc. DEPT. OF COMMUNtrY DEVELOPMENT Tel: 541488-5305 20 Main Street Fax: 541-552-2050 Ashland, Oregon 97520. TTY: 800-735-2900 www.ashland.or.us PROPOSED PROPERTY LINE ADJUSTMENT BETWEEN TAX LOTS 39-lE-04DA 3000 AND 3100 NARRATIVE The property owners propose to adjust a common property line to correct an apparent encroachment of the existing structure. The property line is to be adjusted 18 feet westerly from and parallel with the existing deck and concrete slab. All other property lines of the subject properties are unaffected. The proposed adjustment results in tax lot 3100 increasing in area from 4,204 sqft. to 5,018 sgft. and tax lot 3000, decreasing in area from 271,406 sqft to 270,592 sgft. CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Approval of an Emergency Procurement for Engineering Services for the Talent Ashland Phoenix Pipeline Intertie Project FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY: The adopted 2012 water master plan recommended connectivity into the Talent Ashland Phoenix (TAP) pipeline to provide a backup emergency water supplement for Ashland. This project was slated for 2015; however, low snowfall and winter drought conditions lead staff to recommend that Council approve an emergency procurement process to move planning, permitting, engineering and construction of the emergency TAP water line from 2015 to 2014. An accelerated project schedule necessitates an emergency procurement process for engineering services. BACKGROUND AND POLICY IMPLICATIONS: The TAP project consists of engineering and construction of a 16-inch, 14,000-ft. pipeline from Ashland to Talent, where it will hook up to the existing line that originates in Medford and ends at Creel Road in Talent. The supply will provide an additional 1.5 million gallons a day of emergency water supply, with a peaking capacity of 3.0-mgd. On March 30, 2006, the City signed an intergovernmental agreement for the provision of emergency water services with the City of Talent to accommodate the intertie. The intertie pipeline will follow the route of the proposed TAP pipeline extension. Ashland Public Works staff is working with the cities of Talent and Phoenix to confirm the capacity and additional infrastructure requirements of the intertie. The TAP connection will be used for emergency situations, and portable pump stations will be used as needed. Initial cost estimates indicated the TAP pipeline project would cost approximately $2 to $2.3 million. Water from the TAP emergency line will initially be pumped to the_Granite reservoir and then with the purchase of a temporary pump, it will be pumped to Crowson reservoir. Public Works is in the process of finalizing negotiations of a water supply and subsequent SDC payment with the Medford Water Commission and staff expects to bring the final agreement before Council at the March 4, 2014 regular meeting. In order to construct the TAP pipeline by the end of August, staff believes an emergency procurement process is needed If the emergency procurement process is approved, staff will contact four to five engineering firms directly to discuss the potential for generating the design and construction documents to bid the project in May of this year. Page 1 of 2 CITY OF ASHLAND In addition, a right-of-way permit will be required through the Oregon Department of Transportation (ODOT) to construct the pipeline in their right of way. ODOT will need time to review and comment on the proposed pipeline location within their right of way and those comments will need to be addressed by the consulting engineering firm. Ashland Municipal Code 2.50.090 (H) defines emergency procurements: a public contract that is necessary because an emergency exists meaning there are circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health, safety, welfare, or property that could not have been reasonably foreseen and requires prompt execution of a public contract to remedy the condition. Staff believes, given the time frame and potential supply issues, emergency procurement of services is appropriate. Staff will use a formal truncated qualification based selection interview process with consultants in order to make a selection. The shortened process will include the core elements of the QBS process and allow Public Works to proceed at a much faster rate for the intertie project. Project timeline: In order to minimize disruptions in supply to residents, Public Works expects to have the pipeline engineered and constructed by the end of August. Staff estimates construction will take approximately three months. This means construction will need to start in June and it will take approximately three months before then to generate the appropriate engineering design, permitting and construction documents. In addition, staff will work to procure pipe and pumps directly during and in conjunction with the engineering process to cost effectively construct the project. FISCAL IMPLICATIONS: With the exception of the Medford Water Commission System Development Fees, no changes to the budget are proposed at this time. There is $2 million budgeted for this project in the current biennium. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends moving forward with emergency procurement for services for the TAP intertie project. SUGGESTED MOTION: Move to approve an emergency procurement process for services for the TAP intertie project. Move to approve giving contracting authority to the City Administrator in an amount greater than $100,000 for the TAP intertie project. ATTACHMENTS: N/A Page 2 of 2 pr, 1 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting Addendum Clarifying Mt. Ashland Association Agreement FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY Council is asked to approve an addendum to the City's agreement with Mt. Ashland Association to clarify certain obligations set forth in that agreement. BACKGROUND AND POLICY IMPLICATIONS: At the March 19, 2013 regular business meeting of the Ashland City Council, members questioned whether the agreement between Mt. Ashland Association ("MAA") and the City entered into October 25, 2011 ("Agreement") obligated MAA to (1) present to the City in advance detailed plans for projects in any future phases of the Mt. Ashland ski area expansion; and (2) demonstrate in advance its ability to fully pay for such projects. At the March 19, 2013 meeting, General Manager Kim Clark expressed the view that the Agreement already included those requirements and agreed to ask the MAA board to consider a written clarification of the Agreement to remove any possible doubt about the applicability of these requirements to subsequent phases of the Mt. Ashland Ski Area expansion efforts. Council directed staff to work with Mr. Clark toward such a written clarification ("Addendum"). The resulting agreed-upon proposed Addendum was presented to Council at its November 5, 2013 meeting. Council approved a motion to add some clarifying language to the proposed Addendum and then approved the revised Addendum. MAA has proposed adding a further clarification to the addition approved by Council. MAA asks that the City agree to add the words "if any" to the addendum language addition approved at the November 5 Council meeting in order to make clear that MAA has no legal obligation to undertake every single not-yet completed project identified in the Forest Service Record of Decision. FISCAL IMPLICATIONS: Not applicable. STAFF RECOMMENDATION AND REQUESTED ACTION: Approve the revised Addendum as presented. SUGGESTED MOTIONS: I move Council approve the proposed Addendum. Page 1 of 2 I`, CITY OF ASHLAND ATTACHMENTS: Agreement dated October 25, 2011 Proposed revised Addendum Page 2 of 2 AGREEMENT WHEREAS, the City of Ashland, as lessor ("the City"), and the Mt. Ashland Association, as lessee ("the MAA"), on or about July 9, 1992, entered into the Mt. Ashland Ski Area Lease ("the Lease") a copy of which is attached hereto and marked as Exhibit "1 WHEREAS, the City desires to surrender to the United States Department of Agriculture Forest Service Special Use Permit ("the Permit") as described in the Lease if a comparable permit is issued to MAA, and the MAA desires to have the Permit or a comparable permit issued to it; WHEREAS, the City is the owner of certain improvements in and on that certain real property located on Mt. Ashland in Jackson County, Oregon, which is described in and is subject to the Permit ("the Permit Property"); WHEREAS, the City is the owner of certain personal property, fixtures, furnishings, inventory and items of equipment used in connection with the operation of the Mt. Ashland Ski Area and/or located on the Permit Property including but not limited those items described in the Lease and identified in Exhibit "B" to the Lease (the "Equipment"); and WHEREAS, the City has determined that it would improve MAA's ability to provide winter recreation to the Rogue Valley, which is beneficial to the economy of the region if MAA became the holder of the Permit and the owner of the property; and WHEREAS, the City has further determined that it would reduce. the potential legal and financial liability of the City to convey the Permit and property to MAA; and WHEREAS, the City has determined that conveying the Permit Property and Equipment to the MAA would further the public interest and the MAA desires to receive the Permit Property and the Equipment to use in the operation of the Mt. Ashland Ski Area; Based on the foregoing and the mutual promises and covenants contained herein, the City and the MAA shall as soon thereafter as practicable accomplish the following: 1. The City will surrender the Permit to the Forest Service, and the MAA will apply for issuance of the Permit. The City agrees to assist reasonably the MAA in the process of issuing the Permit or a comparable permit to the MAA. 2. The City shall convey whatever interest it has, or by rights should have, in and to the Permit Property and the.Equipment to the MAA by execution of a bill of sale for personal property and a statutory quitclaim deed for real property. 3. Upon issuance of the Permit or a comparable permit to the MAA, the provisions of the Lease shall have no further force or effect whatsoever, except that MAA will remain responsible for any amounts the City is required to pay pursuant to the Permit as a result of the City's surrender of the Permit. Page 1 of 4 4. The parties further agree that: a) The City shall have the right annually to appoint one person to serve as a non- voting liaison to the Board of Directors of the MAA. The City's liaison will be provided with all information provided to directors, except that the City's liaison will not participate in personnel or legal matters. b) MAA will provide the City with copies of all architectural, engineering, construction and logging plans, including without limitation any related environmental impact studies, relating to any improvements contemplated by MAA within the Permit Property, now or in the future. MAA will deliver such plans to the City no less than thirty (30) days prior to the commencement of any construction, earth movement or logging. Within 30 days of receiving the plans from the MAA, the City may but is not required to conduct a technical review of MAA's plans with respect to its impact on water quality, including without limitation erosion, sedimentation, stormwater, revegetation, watershed restoration, wetlands, and spill control. MAA agrees to confer with the City in good faith on any matters raised in a technical review relating to water quality. The City of Ashland may appoint a representative to provide daily on-site monitoring and inspection during any earth movement, logging or construction, and MAA agrees to provide access to the City's representative. MAA and the City will confer with the USDA Forest Service and any affected regulatory agencies if issues are identified during construction as ones that will affect water quality, erosion, sedimentation, and spill control. C) MAA agrees to comply with any obligations imposed with respect to sedimentation in Reeder Reservoir in the July 2007 Total Daily Maximum Load (TMDL) document prepared by the Oregon Department of Environmental Quality to meet the requirements of Section 303(d) of the 1972 Federal Clean Water Act. d) The Permit or a comparable permit will require MAA to maintain a "Restoration Amount," which shall mean and refer to the maintenance of available funds or assets by the MAA to cover area restoration in the unlikely event of the ski area closure. MAA agrees to increase the amount it maintains as the Restoration Amount on July 15 of every year by a percentage equal to the percentage increase of the US Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI - All Items ("standard reference base period" 1982-84 = 100) in the previous twelve (12) calendar months. MAA further agrees that it shall at all times maintain the Restoration Amount (as increased pursuant to this paragraph) in unencumbered funds or assets, i.e., readily transferable assets subject to no lien. MAA shall ensure that any security interest in its assets that it has granted or may in the future grant excludes the funds maintained for the Restoration Amount. e) The MAA agrees that it will not proceed with any logging, earth movement, or construction activities related to the portion of the expansion identified as Phase I until MAA has received a combination of cash contributions, binding financial commitments, and performance bonding necessary to cover the entire cost of the Phase I improvements. The final details of the projects included in Phase I will be defined by permits issued by the USDA Forest Service, but Phase I can generally be described as the Ski Run Settlement Sale, a chairlift with new lower intermediate and novice runs, a warming dditional parking spaces, the widening of several existing runs, and 23 watershed restoration projec ' 14 c- N~A,T" td,~y-iA Page 2 of 4 f) The MAA agrees not to amend its articles of incorporation, without the express written consent of the City, in any way that would impair its current provision that, in the event the MAA dissolves, all of its assets which remain after NV A's creditor claims and other obligations are satisfied shall be distributed to the City. g) The MAA agrees that in the event it dissolves, that none of its assets shall be distributed to a director, officer or other private person or private entity. h) MAA agrees that it will not, without the express written consent of the City, which consent shall not be unreasonably withheld: (1) transfer or convey to another person or entity the Permit or the comparable permit issued to MAA as contemplated in this Agreement; or (2) enter into an agreement with any other person or entity whereby the rights and obligations under the Permit or the comparable permit issued to MAA as contemplated in this Agreement would be assumed by any other person or entity. i) MAA will reimburse the City for the City's reasonable attorney fees and any other out-of-pocket expenses up to $7,500 incurred in connection with the negotiation and performance of this Agreement through the date the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. The City will provide MAA with a complete accounting of its attorney fees and out-of-pocket expenses within thirty (30) days after the Forest Service issues the Permit or a comparable permit to MAA as contemplated in this Agreement or declines to issue such a permit. MAA will pay the amount owed under this paragraph within ten (10) business days after the City delivers its accounting of those fees and expenses. 5. This Agreement is conditioned on the Forest Service issuing to MAA the Permit or a comparable permit and, with the exception of Paragraphs 3 and 4(i), shall be of no force or effect if that condition is not met on or before December 31, 2012. 6. Miscellaneous: a) There are no oral agreements or representations between the parties hereto which affect this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, warranties, representations and understandings, if any, between the parties. b) The paragraph headings set forth in this Agreement are set forth for convenience purposes only, and do not in any way define, limit or construe the contents of this Agreement. C) If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then that determination shall not affect any other provisions of this Agreement, and all such other provisions shall remain in full force and effect. d) It is the intention of the parties that if any provision of this Agreement is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. Page 3 of 4 C) If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in that suit or action or any appeal there from shall be entitled to recover, in addition to any other relief, the sum which the court may judge to be reasonable attorney fees. f) Any notice required or permitted under this Agreement shall be deemed to have been given and delivered when personally delivered or when deposited in the United States mail, as certified mail, postage prepaid, and addressed to the last-known address of the party being provided with the notice. g) The MAA may not assign its interest in this Agreement to any third party without the express written consent of the City. This agreement shall inure to the benefit of and shall be binding upon the City and any permitted successors and assigns of MAA. h) This Agreement is being executed in two counterparts, each of which shall be an original, and both of which shall constitute a single instrument, when signed by both of the parties. i) Waiver by either party of strict performance of any of the provisions of this Agreement shall not be a waiver of, and shall not prejudice the party's right to subsequently require strict performance of, the same provision or any other provision. j) The consent or approval of either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. k) This Agreement shall be governed and performed in accordance with the laws of the state of Oregon. 1) In the event of a dispute pertaining to this Agreement, the parties agree to attempt to negotiate in good faith an acceptable resolution prior to commencing litigation. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before commencing litigation. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of Jackson County, Oregon, and agrees that any legal proceedings with respect to this Agreement shall be filed and hea in the appropriate court in Jackson County, Oregon. Date: 7- 1, Date: ® Jg 9// MT. ASHLAND ASSOCIATION - LESSEE CITY OF ASHLAND, OREGON - LESSOR By: \ ryC~r / By: Title: iJ~fle: A Page 4 of 4 ADDENDUM TO AGREEMENT BETWEEN MT. ASHLAND ASSOCIATION AND CITY OF ASHLAND Date: February 2014 Parties: Mt. Ashland Association ("MAA") and City of Ashland ("City") Recitals A. MAA and City are parties to an October 25, 2011 agreement ("Agreement") pursuant to which City surrendered its United States Department of Agriculture Forest Service Special Use Permit to the Forest Service and conveyed its interest in the Permit Property and Equipment to MAA. B. MAA and City desire to clarify the Agreement. Agreements Now, therefore, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph 4 of the Agreement is clarified by addition of the following commitments at the end of subparagraph (e) following the words "watershed restoration projects.": "Before commencing any additional Mt. Ashland ski area expansion project included in the 2004 or 2011 Forest Service Records of Decision which may affect the Ashland watershed and which has not yet received, as of the date of this Addendum, Forest Service final approval to proceed, MAA will (a) provide to the US Forest Service and the City detailed plans for the project; (b) obtain any required US Forest Service approvals for the project; and (c) substantiate by means of a Forest Service financial ability determination, or other means acceptable to the Forest Service, that MAA has sufficient financial resources available to pay for completion of the project and all interconnected projects, if any, as determined by the U.S. Forest Service. 2. Except as modified by this Addendum, the Agreement is ratified and affirmed by the parties. The parties have executed this Addendum as of the date set forth above. Mt. Ashland Association City of Ashland By: By: John Stromberg, Mayor Title: LEGAL28187911.2 CITY OF ASHLAND Council Communication February 18, 2014, Business Meeting An Ordinance Amending AMC Chapter 2: Rules of City Council; Uniform Policies and Operating Procedures for Advisory Commissions and Boards; Recreation Commission; Conservation Commission; and Certain Administrative and Operating Departments FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY This agenda item presents draft ordinance amendments intended to capture Council discussions at study sessions on December 2, 2013 and January 7, 2014. These ordinance amendments would effect changes to ordinances on Council meeting procedures; on advisory bodies; and on City department descriptions and duties. BACKGROUND AND POLICY IMPLICATIONS: At several meetings over the past year, Council has discussed various conceptual changes to the procedural rules for Council meetings and to the policies and operating procedures for advisory bodies. The Attachment shows proposed ordinance revisions intended to reflect the sense of the Council during those discussions. Some of the proposed changes are simple housekeeping revisions: none sensitive updates, corrections, clarifications and re-orderings. The proposed revisions that are substantive or that may not have unanimous Council support or may otherwise be controversial, are briefly described below opposite their new Code sites. If the subject of a provision is already addressed in the current Code and has been moved to a new site, the current Code site is shown in brackets. • 2.04.010E Specifies when a motion to suspend the rules is permissible • 2.04.0101' Clarifies role of parliamentarian and presiding officer in responding to questions about meeting procedures and rulings of the presiding officer [see current 2.04.020L] • 2.04.02013 Requires notice of Special meetings 72 hours in advance, instead of 36. • 2.04.020C Specifies actions Council may take at study sessions • 2.04.020D1 Clarifies process for objecting to consideration of a matter in executive session • 2.04.020F Requires notice for all meetings except emergency meetings at least 72 hours Page 1 of 3 19PEr, CITY OF ASHLAND in advance, instead of 36 hours [see current 2.04.020*] * 2.04.030B&C Clarifies procedure for a Councilor to add any item to a future meeting's agenda * 2.04.030E3 Clarifies disposition of scheduled agenda item not concluded * 2.04.040B Allows for possibility that a Councilor may attend a meeting by electronic means upon suspension of rules. * 2.04.040C2 Adds certain limitations on discourse before the Council [see current 2.04.020K] * 2.04.040C3 Clarifies possible responses to disruptive conduct in Council meetings [see current 2.04.040A] * 2.04.040C4-5 Provides streamlined procedures for managing meetings and making motions; replaces Roberts Rules except for situations not addressed in the proposed new rules * 2.04.040C6a Allows Councilor to be excused from voting upon approval by majority vote. Makes a Council member's refusal to vote count as a negative vote [see current 2.04.0201] * 2.04.040C6b Requires an affirmative vote of at least four Councilors to pass measures required to be decided by a two thirds vote [see current 2.04.0201] * 2.04.040C7 Clarifies when reconsideration can occur [see current 2.04.020J] * 2.04.050 Changes order of business so that Public Forum takes place before consideration of the Consent Agenda unless altered by the presiding officer or suspension of rules * 2.04.050D2 Clarifies that a Councilor may request that any matter discussed in Public Forum be placed on a future Council agenda [see current 2.04.0701 * 2.04.050F1 Allows Council by two-thirds vote to extend public hearings to as late as 9:45 PM * 2.04.050G Allows clarifying staff or public testimony to be taken on a consent agenda item without formally pulling the item from the consent agenda * 2.04.090A Clarifies distinctions between appointed and non-appointed commissions and between regular and ad hoc advisory bodies * 2.04.090C Requires considering possible appointment of replacement member of regular advisory body before reappointing existing member to more than two full terms Page 2 of 3 ~r, CITY OF ASHLAND • 2.04.100B Relaxes attendance requirements for Council Liaisons to advisory bodies • 2.04.110A3&4 Provides guidance to Council members serving as City Representatives to external organizations when called upon to vote on matters potentially impacting the City • 2.04.110A5 Clarifies ethical obligations of Council member serving as City Representatives to external organizations • 2.10.025B Clarifies meeting attendance requirements for members of advisory bodies • 2.10.025C Establishes advance notice requirements when advisory body member will not attend scheduled meeting • 2.10.025D Disallows alternates for members of the advisory bodies, except appointed by outside entity • 2.10.025E Requires advisory body attendance reports • 2.10.040 Clarifies what should occur when a quorum of an advisory body is not in attendance at a duly noticed meeting • 2.10.050 Specifies when advisory bodies should elect officers and limits tenure of chair and vice chair to no more than three consecutive annual terms • 2.10.060 Requires timely preparation and posting of advisory body agendas and minutes • 2.10.105 Clarifies expectations for reports to Council about advisory body activities FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council move the ordinance to second reading and provide direction for any changes to be made. SUGGESTED MOTION: I move approval of first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 2: Rules of City Council, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, Recreation Commission; Conservation Commission, and certain Administrative and Operating Departments." ATTACHMENTS: • Proposed Ordinance Amending AMC Chapter 2 Page 3 of 3 ~r, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND BOARDS, RECREATION COMMISSION; CONSERVATION COMMISSION; AND CERTAIN ADMINISTRATIVE AND OPERATING DEPARTMENTS Annotated to show deletiens-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, revisions to some of the Council meeting procedures currently in effect can reduce procedural uncertainties and facilitate efficient conduct of Council meetings; WHEREAS, permitting certain types of decisions to be made at Council study sessions will make study sessions more productive; WHEREAS, various members of City Council and of City boards and commissions have requested clarifications of the Uniform Policies and Operating Procedures for Advisory boards and commissions; WHEREAS, the staff liaison to the Conservation Commission is no longer the Electric Utility Director; and WHEREAS, the existing City code provisions concerning the functions of certain administrative and operating departments need to be updated to reflect current practices. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended as follows: Section 2.04.010 Authority. A. Oregon Revised Statutes, Tthe Munieipal Chatter of the Gity Ashland City Charter, A rtiele AlH! Section 2 and the Ashland Municipal Code ^ as !be Oregon Revised Statutes governs many the meeting requirements and actions of the Council. Ordinance No. Page 1 of 27 B. _These operating policies and procedures are established and adopted under the authority granted in the Ashland City Charter, Article VIII, Section 3. C. Robert's Rules of Order Newly Revised shall be the authority for deciding any questions on meeting requirements and actions not covered by the rules in AMC 2.04 or Oregon Revised Statutes. D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order Newly Revised shall not be cause to void or otherwise disturb a decision or action of the Council. E. The rules on meeting procedures in AMC 2.04.020A and C, 2.04.040B. and C4., and 2.04.050D.a. and G.a. and in Robert's Rules of Order Newly Revised may be suspended temporarily upon a motion that is seconded and passed by a two-thirds vote in favor. A motion to suspend these rules is not debatable or amendable. Charter provisions may be suspended or repealed only by a vote of the people. F. The City Attorney is designated as parliamentarian for the Council. Council members' requests for information and on meeting requirements or possible Council actions may be referred to the City Attorney through the presiding officer for interpretation. After taking into account any opinion of the City Attorney, the presiding officer must rule on questions about meeting requirements or possible Council actions. A ruling of the presiding officer may be challenged by a point of order as set forth in AMC 2.04.040C4.b.(1). Section 2.04.020 Meetings. A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of each month unless otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30 p.m. B. Special Meetings. A special meeting may be called either by the Mayor or two members of the Council. Notice of the time and place of such special meeting and the subjects to be acted upon shall be delivered to all members of the Council at least 36 72 hours in advance of the time of the meeting, except in the case of an emergency, and the Council may consider and act only upon such matters as contained in the notice. C. Study Sessions. The Mayor or two members of the Couneil may eall a study session at any tiffiewith 36 hA--r- nAtiet f~ar- the purpose of informing members of the Couneil as to City affairs. Study sessions are held so that Couneil ean eonfer-with staff and other- experts on itents under consideration that inny eventually require offieial aetions. Council may not deliberate towards a deeision but can give stn ff d:`eetion to prepare materials for regular- Conned meeting. Ordinance No. Page 2 of 27 Study sessions are for Council members to receive background information and recommendations from staff or invitees with expertise on City business; to ask questions, discuss options, express their individual views on matters that may be voted on in subsequent regular or special meetings; and to provide guidance to staff. The Council may vote in study sessions on guidance to staff concerning matters to be presented to Council for decision at subsequent meetings. By consensus, the Council also may direct staff to take action on other matters that do not require Council decision by ordinance or resolution. No particular cases involving quasi-iudicial decisions may be discussed at study sessions. Study sessions are held on the first and third Monday of each month unless otherwise arranged, beginning at 5:30 p.m. The Mayor or two Councilors may call a study session at any time with 72-hours advance notice. D. Executive Sessions. 1. All meetings of the City Council shall be held in open sessions, except meetings that may be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to 192.690). These purposes include, but are not limited to, the employment and dismissal of public employees, the performance evaluation of the City Administrator and City Attorney, labor negotiations, real property transaction negotiations, and consulting with legal counsel on pending or threatened litigation. if any Couneflors feel do not feel that AN item qhFI-I'd be in enti..e session they should state in the e eutiye session At any time during an executive session, a Councilor who feels a matter under consideration should be addressed exclusively in open session may state a point of order, which shall be ruled upon in the executive session as set forth in AMC 2.04.040C.4.b.(1). 2. Notice of executive sessions shall be given as required by State law and such notice must state the specific provision of law authorizing the session. The Mayor and City Councilors will act in accordance with State law regarding confidentiality of information discussed in Executive Sessions. 3. At the commencement of each executive session, the presiding officer must state on the record that executive session information is confidential and may not be reported. if it does not se speei€y, tThe proceedings may be reported if no such statement is made. E. Emergency Meetings. The City Administrator is responsible for implementation of the Emergency Management Plan. When the City Administrator determines that a state of emergency exists, the administrator will make a declaration to that effect and request the Mayor to call an emergency meeting of the Council in order to ratify the declaration of emergency. The emergency meeting of the Council will occur as soon as possible after the declaration of emergency. A quorum of the Council may not be possible due to emergency circumstances and is not required for this emergency meeting. Notwithstanding the advance notice requirements in Section 2.04.020B, C and F, notice of the emergency meeting can be made in the most expedient manner determined by the Mayor and need not be 72 hours in advance, but notice of the emergency special Ordinance No. Page 3 of 27 meeting must be given at least 24-hour in advance if feasible. In any case, minutes of any emergency meeting must meet the requirements of ORS 192.640(3) and 192.650. UK Notice of Meetings. Advance notice of at least 3672 hours shall be provided for all meetings, except for emergency meetings. Notice shall be sent to a newspaper with general local circulation and posted prominently on the City's Web site website. In the case of an emergency or when a state of emergency has been declared, public notice appropriate to the circumstances shall be provided and reasons justifying the lack of 3672-hour notice shall be included in the minutes of such meeting. > Quera As provided in AAiele V111, Seetion 4 of the City Chat4er-, the Mayor- find nnt 'eqq than three Couneaa"^ a" four Couneiler" eonstitut a ,...,...um A simple majority of th-e motion, quorum present deter-mines the setion on nny question, e resolution. On questions requiring a two thir-ds vote of the Couneil, as provided in t City Charter-, there shall be required an affir-mative vote of at least four Couneilor-s to exer-eise nny sueh speeial power-s. If the, r-All Poll Shows no quorum present, as defined b See4ion 4 of Artiele N1111 of the City /9.arte.. f the !`......1ers attenda ffee members, direet the Chief of Poliee to notify the absent exeept those known to be unaveidnbly detained, that t1 eir- -ed to a able the Conned to preeeed with business. Should any then &it te members present shall adjourn to date fixed by them and all nd.. items will be a .timed to the next regular- meeting. The City Administrator- is responsible for- implementation of the Entergeney Management Plan. When the City Administrntor determines thnt n state of enter-geney exists, the administr-atar- will Make a deelaration to that effeet and request the lWayer te The speeial meeting of the Couneilwill eeevr- as soon as possible after the deelar-ation of emergeney. A quor-unt of the Couneil may not be possible due to emer-geney eireumstanees and is not required for the speeial meeting. Notiee of the speeift! Meeting ean be made in the most expedient manner- determined by the Mayor and need not 36 hours in advanee. U Robert' ` Rules of Order sessions, Robert' s Rules of Order- shall be the author-ib, for the government of the Couneil dur-ing its when not in eonfliet with the City Charter- and these eode rules. Failure to striefly follew Rebert' s Rides of Order- shall not be eause to void or otl........:se disturb a deeisi°., a netion of the Counea The Counea ...:11 strive to be elear- in its p eeeedings-. meeting: f When n question or- motion is put to n vote by the for- or against the motion unless the Conned exeuses that member from so doing. if Ordinance No. Page 4 of 27 thereafter- the llii..yor a a'f'ar- calls for- a roll call votep then eaal. ...1..... ...4 vote. The Mayor- enn only vote in the ease of a ti..) an" 41.,...:.. ..ad to vote ~A mot4AH to r-pponsider a vote ean be made only once and at the session at which the motion a after adoptedf at the next regular- ..metrog of the !`onnedf provided- that offieially reeorded, filed or transmitted or otherA,ise gone out of the possession of the !'ouneil comxc:r. Y Council Deliberation it is the duty of the Mayor or presiding offieer to ensure that eaeb Couneil member- has the opportunity to speak. Couneilor-s should ask the Mayor- to be r-eeognized. No member shall speak more than onee until every member ehoosing to spealk shall hav-e spolken or waived their right to do so. No fnember shall speak twiee on a Mateo" Fin the {7.........:41.....4 leave of the Mayor a siding aCC:aa.. Couneil members speak only for themselves and shall be open, direct and candid. They S:orlc to xcccp di . xno::ixwixv caxx xox a-pC9eeSS a ee ! the :SedSSkBd beeomes bogged down. Time limits may be set on topics by the Mayor, by the presiding 7 City Attor-ney as Parliamentarian-. The City Atterney is designated its par-lianientar-ian for- the Couneil. Questions of par-liamentan, rules may be referred to the City Attorney through the presiding offieer for interpretation. The final ruling r-ests with the presiding offieer. Section 2.04.030 Agendas. The City Administrator is responsible for the preparation of the Council agenda. A. Agenda Guidelines for Regular Meetings. Topics will be added to a Council agenda based on timeliness of the topic and with consideration of the number of items already scheduled for the Council. Matters to be considered by the Council shall be placed on an agenda to be prepared by the City Administrator from the following: 1. All items considered by the Council during study sessions, which require a subsequent Council vote. 2. All items which are required by law or policy to be presented to the Council. 3. All other items that the City Administrator, City Attorney or Mayor present to the Council for action. 4. Items placed on the agenda in accordance with paragraphs B and C of this Section. 5. Requests of City Boards, Commissions, and Committees. B. Agenda Additions by Councilors. 1. Any Councilor may Fequest that place an item prior initial Ca...,a:l diseussio ° , placed on the Council's agenda that does not involve staff pol:a.. _ re or drafting ef an Ordinance No. Page 5 of 27 ordinance provided-that preparing the matter for Council consideration would not require more than two hours of staff time, including policy research and document drafting. The Councilor shall notify the City Administrator of such an addition to the agenda no later than noon of the Wednesday prior to the Council meeting. The City Administrator shall determine the order of business of the item. The City Administrator may request that the matter be deferred until a later meeting if the agenda of a particular meeting is already lengthy. Council members will endeavor to have subjects and any materials they wish considered submitted prior to finalization of the Council packet. E 2. A Councilor who desires major olio ° reh and discussion or drafting of an ordinance wants to add to the Council's agenda an item requiring more than two hours of preparation by staff, including policy research and document drafting, should first raise the issue propose the addition at a regular meeting under Other Business from Council members or at a study session. prior to e than t.. e r.,..._s of sta f tifn . being , plae,a an the agenda : ordance with paragraph B of this Seet:°. The Council should consider items such additions to the Council agenda in light of City priorities, including adopted City Council Goals, and workload. The Council must agree to proceed with an issue or ordinance before staff time is spent preparing the matter for Council action. The Councilor may present information or a position paper or ask for a department report or committee recommendation. Councilors who agree that staff time can be spent on a particular item are not bound to support the issue when it comes before the Council for a vote. DC. During a meeting. Any topic may be added to an the agenda by a majority vote of the Councilors present. Generally these items should be limited to items of timeliness or emergencies. Advance notice of executive sessions, however, must be given as required by State law. ED. Postponing Agenda Items Before Consideration. 1. If a Councilor will be absent from an upcoming regular meeting, the Councilor may request during a regular meeting that consideration of an agenda item be postponed to a future regular meeting. The request will be honored if the majority of the Council votes in favor of postponement and the matter is not time-sensitive. 2. If the request to postpone is made outside a regular Council meeting the Councilor requesting the postponement shall submit a request to the Mayor or City Administrator in writing or by email as early as possible. The request to postpone will be honored unless the majority of the Council at the public meeting votes not to postpone the item or if the matter is time-sensitive. 3. If time expires before the City Council can consider an item on the agenda including an advertised item, the unaddressed item shall automatically be continued to the next °gulafly sehed •led meeting of the Gouneil scheduled regular meeting or study session; re-advertisement shall not be required for such continued items. A note shall be placed on the Agenda referencing this continuance rule: "Items on the Agenda not considered due to time constraints are automatically continued to the next regularly Ordinance No. _ Page 6 of 27 ehed led Co neil - feting scheduled regular meeting or study session of the Council. AMC 20.40.030.E." FE. Council Packets. Written materials, from Councilors, staff and citizens, which are related to agenda items to be included in the Council packet, must be submitted to the City Administrator' s office no later than 12:00 noon six days in advance of the Council meeting for which it is intended. Materials submitted must include author's name and address. GF. Study Session Agenda Preparation. The City Administrator prepares the agenda for the study sessions from: 1. Items requested by the Mayor and members of the Council to be listed on the agenda. 2. Items deemed appropriate by the City Administrator. 3. Business from the Council pertaining to committee reports and other business. 4. Items requested by City Commissions, Committees or Boards. G. Time Limits. Items appearing on the Council study session agenda shall be assigned a time limit and the Mayor shall hold discussion to within the time frame, unless the consensus of the Council is to extend the time limit until an issue or item is discussed and resolved. Section 2.04.040 Conduct of Meetings. A. Quorum. As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the Mayor and not less than three Councilors, constitute a quorum. If the Council members present do not constitute a quorum, the members present may adjourn or a majority of the members in attendance may direct staff to notify the absent members, except those known to be unavoidably detained, that their presence is required to enable the Council to proceed with business. B. Attendance by Electronic Communication. Except in the event of a suspension of rules pursuant to AMC 2.04.010E, members of the City Council may not attend or vote at public meetings by means of telephone or other electronic communication. The rules on meeting procedures and Council actions shall otherwise remain in effect notwithstanding any such suspension of rules to allow for attendance by electronic communication. AC. Council Deliberation. 1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall Preside be the presiding officer at the meetings of the City Council. In the absence of these officers at any meeting, the Councilors present shall appoint a Chair Pro-Tem to serve temporarily as presiding officer and proceed with the meeting. The Chas he Mayor, ntay vote on all niotions other than presiding officer may not vote on appeals from decisions made while acting as presiding officer. The Chair of the Council or Chair Pro-Tem may vote on all other motions, but the Mayor may vote only as provided in City Charter Article 4, Section 3. Ordinance No. _ Page 7 of 27 The siding o ffieer shall be responsible for ensuring order and '1.,eor-...... The maenained. Comments and .7 :............ments "1.. uld be ...7.1...........1 4.. the tops. at hand and avoid negative personal remarks. Attendees and speakers are required to strietly abide by the direetiens of the-presiding- eff+eer. Behavior ..bons that are unreasonably loud or disruptive shn" hp, onusp GiF removal from Couneil meetings. Failure to abide by the presiding offieer' s instruetions eonstitutes "disruption of a lawful--assembly" as provided in ORS 166.025(1)(°e). Bisruptive behavior- ineludes engaging in violent or- distraeting netion, making loud or- disr-uptive noise or using loud or disruptive language, and refusing to obey an order of the presiding offleer. Signs are not permitted and will be eonsidered disruptive. The presiding offieer may set time limits on agenda items. 2. Discourse Rules. The presiding officer shall ensure that each Council member has the opportunity to speak on each issue before the Council. Councilors must ask the presiding officer to be recognized. Unless otherwise permitted by the presiding officer, no member may speak more than once on an issue and may do so only after every other member has spoken on or declined to address the issue. Time limits may be set on topics by the presiding officer or by a consensus of the Council. Council members, as well as members of the public speaking on Council agenda items, shall confine their remarks to the question under deliberation, avoid redundancy, speak only for themselves, and make no negative personal remarks or comments about the motives or personal traits of others. 3. Decorum. The presiding officer shall be responsible for ensuring order and decorum is maintained. Any person's failure to abide by the presiding officer's instructions constitutes "disruption of a lawful assembly" as provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or a majority of the Councilors, to direct a city official to remove the person from a Council meeting. Disruptive behavior includes engaging in violent or distracting action, making loud or disruptive noise, or using loud or disruptive profane language, making negative personal remarks or comments about the motives or personal traits of others, and refusing to obey an order of the presiding officer. Signs are not permitted and will be considered disruptive. A direction or order of the presiding officer may be challenged by a point of order as set forth in AMC 2.04.040C.4.b.(1). 4. Motions and Permissible Intervening Actions. a. Councilor Actions During Debate. No motion or intervening action shall be received or recognized by the presiding officer when a question is under debate, except for the ten secondary motions and intervening actions listed below. The disposition of any motion or action listed below must occur before consideration of any other action lower on the list. (1) Point of order, request for information, or objection to consideration of a matter (2) Motion to adjourn (3) Withdrawal of a motion Ordinance No. _ Page 8 of 27 (4) Motion to lay the matter on the table (5) Motion to divide a motion under debate (6) Motion to refer (7) Motion to call for the previous question (8) Motion to postpone to a certain time (9) Motion to postpone indefinitely (10) Motion to amend b. Permissible Intervening Actions While a Speaker Has the Floor. (1) Point of Order. Any member may interrupt a speaker who has the floor to raise a point of order if meeting procedure rules appear to have been broken. The point of order must be addressed to the presiding officer and may not be addressed directly to the speaker. The speaker must immediately cease speaking, and the issue identified in the point of order must be resolved before business continues. No second is required, and no debate is allowed on the point of order. The presiding officer may seek clarification on the point of order from its maker, from the speaker who had the floor when it was made, or from the Parliamentarian. Before proceeding further, the presiding officer must sustain or overrule the point of order or submit it to Council decision by majority vote with no debate. A member who disagrees with the presiding officer's decision to sustain or overrule a point of order may move immediately following a ruling by the presiding officer to overturn it. The motion to overturn a ruling on a point of order may not be debated, and the presiding officer may not vote on it. Approval of the motion requires a majority of affirmative votes, the motion fails in the event of a tie vote. (2) Request for Information. Any member may interrupt a speaker who has the floor to seek permission to make a request for information from the speaker or from staff or invitees with expertise on the subject under discussion. The request must be addressed to the presiding officer and may not be addressed directly to the speaker. The information sought must concern either the subject under discussion or meeting procedure rules. The presiding officer may ask the requestor for a statement of the nature of the information sought. A request for information must not contain statements of fact unless they are necessary to make the request intelligible and must not contain arguments. Upon inquiry from the presiding officer, the person who had the floor when the request for information was made has sole discretion whether to temporarily relinquish the floor to allow the requested information to be provided. (3) Objection to Consideration of a Matter. A member who contends a matter about to be discussed is irrelevant or for any other reason not advisable to consider, may obiect to consideration of the matter. The obiection may be made before or after another member has been assigned the floor, but only if debate has not vet begun and none of the motions in AMC 2.04.040C.4.a. has been made. An obiection to consideration of a Ordinance No. Page 9 of 27 matter does not require a second and is not debatable or amendable. Immediately after the objection is made, a vote on sustaining the objection must be taken. The objection fails unless at least two-thirds of the Councilors present vote to sustain it. c. Main Motion. A main motion is a proposed action that brings business before the Council when no other motion is pending. The actions listed in AMC 2.04.040C.4.a. may be undertaken while the main motion is pending, and, if passed, may affect the Council's consideration of the main motion. A main motion requires a second, is amendable and debatable, and passes upon a majority vote in favor. d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the remaining unfinished business to the agenda of the next regular meeting or study session. It requires a second, is not debatable or amendable, and passes upon a majority vote in favor. e. Withdrawal. A motion may be withdrawn by the mover at any time before an amendment is made to it or, if no amendment is made, before a vote is taken on it. L Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a proposal to suspend consideration of a main motion and all pending related motions until later in the same meeting in order to deal with another matter that has come up unexpectedly and which must be dealt with before the pending motion can be properly addressed. A motion to lay a matter on the table requires a second, is not amendable or debatable, and passes upon a majority vote. Before the meeting adjourns, a subsequent non-amendable, non-debatable motion may take the matter from the table if seconded and passed by a majority vote in favor. If the meeting adiourns without considering the tabled item, it will be continued to the next regular meeting or study session in accordance with AMC 20.04.030E. g. Division of a Motion. Any member may move to split a motion under consideration into two or more independent motions that are taken up in sequence. Each new motion is deliberated, possibly subjected to secondary motions, and voted upon before taking up the next part. The mover may designate in the motion the order in which the parts are considered. The motion requires a second, is amendable, is not debatable, and passes upon a majority vote in favor. h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or another body for further study and possible recommendations to the Council. The motion requires a second, is debatable and amendable, and passes upon a majority vote in favor. Any proposed amendments to a main motion on the referred matter that are pending at the time are also referred. i. Previous Question. A motion to call the previous question is a proposal to end debate on a pending motion. It precludes all amendments and debate on the Ordinance No. Page 10 of 27 pending motion until it is decided. The motion to call the previous question is not debatable or amendable and requires a second and a two-thirds vote in favor. i. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a particular future meeting, requires a second, is debatable and amendable, and passes upon a majority vote in favor. One function of this motion can be to continue consideration of an agenda item at a designated subsequent meeting. k. Postpone indefinitely. A successful motion to postpone a matter indefinitely prevents action on the matter for the rest of the meeting. It must be seconded, may be debated, may not be amended, and passes upon a majority vote in favor. The debate may address the substance of the main motion. A successful motion to postpone a matter indefinitely does not preclude consideration of the matter at a subsequent meeting if it is properly added to the respective agenda. 1. Amendment. Any main motion and any amendment to a main motion may be amended to add or omit words. A proposed amendment must be germane, must be seconded, and is debatable if the motion to be amended is debatable. The amendment passes upon a majority vote in favor. Other amendments may also be proposed, provided that they do not nullify the amendments already passed or attempt to amend a motion to amend a motion to amend. 5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the presiding officer or the City Recorder. 6. Voting. a. When a question or motion is put to a vote by the presiding officer, each Councilor present must vote for or against the motion unless a majority of the Council excuses that Councilor from so doing. Unless excused from voting, a Councilor who is present and does not vote for or against the motion shall.be counted as having cast a negative vote. The Mayor can only vote in the case of a tie, and then is required to vote unless excused from voting by a majority of the Councilors present. If the Mayor fails to vote when required to do, the Mayor shall be counted as having cast a vote against the motion. b. A simple maiority of the quorum present determines the action on ordinance, or resolution and on most motions. On questions required by City Charter, City Ordinances, or applicable provisions of Robert's Rules of Order Newly Revised to be decided by a two-thirds vote of the Council, approval requires an affirmative vote of at least four Councilors. 7. Reconsideration. A member who voted in favor of any Council action may move for reconsideration before adjournment of the meeting at which the action was approved or at the next regular meeting, unless the item already has been approved or vetoed by the Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded, is debatable if the action under reconsideration is debatable, is not amendable, and passes Ordinance No. Page I 1 of 27 upon a majority vote in favor. Any member may second a motion for reconsideration. A motion to reconsider a Council action may be made only once. A vetoed item may not be the subject of a motion for reconsideration. Section 2.04.050 Order of Business. At the first meeting in January, after the roll call, the presentation of the Mayor's State of the City address shall be first in order. The Mayor or presiding officer may change the order of business on the agenda. The by or-dinanee as , The usual order of business will be as follows: A. Roll Call. B. Approval of minutes of the previous meeting. If there are no corrections or objections to the minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes as approved shall be signed by the Mayor and City Recorder. C. Special presentations, proclamations and awards. This item on the agenda is used to acknowledge special recognition and awards given to the City or for the Mayor to announce proclamations, which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. Requests for recognition under this agenda item should be submitted in writing to the Mayor. D. Public Forum. 1. Public forum is to precede the consent agenda unless public forum is moved to later in the agenda of a particular meeting by decision of the Mayor or presiding officer or by temporary suspension of the rules pursuant to Section 2.040.010E. 2. Members of the public may speak during public forum about any topic not on the agenda for the same meeting. The agenda for public forum is 15 minutes, unless a majority of the Council votes to extend the time. On behalf of the City, any Councilor may request that any matter discussed during public forum be placed on a future Council agenda. 3. Public forum is not to be used to provide or gather additional testimony or information on a quasi-judicial matter. Public testimony will not be accepted on a matter subject to a public hearing where the record has been closed if the matter is still pending. 4. Persons wishing to speak during public forum are to submit a "speaker request form" prior to the commencement of the public forum and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience on requirements for submission of the form. Ordinance No. _ Page 12 of 27 BE. Consent agenda. Routine business items may be listed by the City Administrator under this item, which shall be acted upon in its entirety, except that the Mayor or any member of the Council may request that any item be moved to the regular agenda under the appropriate section of business. EF.Public Hearings 1. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) for one half hour until %30 p.m up to 9:45 p.m., at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda. 2. Not more than two land-use appeal hearings shall be scheduled for any regular meeting of the Council. The City Administrator may, in the administrator's discretion, schedule additional legislative hearings depending on the anticipated length of the Council meeting. 3. Persons wishing to speak at public hearings are to submit a "speaker request form" prior to the commencement of the hearing and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience of this requirement to submit the form prior to the commencement of the hearing. No testimony will be accepted on public hearings that have been closed. C. P'm~ublie Ferum F. n-r'vrcnr~ Publie forum is no opportunity for the publie to eentment an iteMs Whieh are Hot unless a majority ineluded on the agenda. The agenda My- publie for-um- *S 4_5 f of the Couneil vates to extend the time. Persons wishing to speak are to submit n 61sp ...1.'... r est form" prior- to the e ..t of th, and deliver- the form forum, to the Cit3, Reeer-der-. The Mayor- or- presiding offieer- is to infer-m the audienee all requirements for submission of the ferm. Members of the publie may speak about any topie dur-ing the publie italess the topie is indeed on the agenda for the same meeting. If a m-e-m-h-eF of the publieWishes to Speak on an agenda item or publie hearing itent they may do so at the time set aside fo those topies. Publie forum is not to be used to pr-evide or- gather- additional testimeny or- infer-mation an a quasi judieial matter-. Publie testimony will not be aeeepted on a publie hearing where the reeard hns been elesed ff the matter is still pending. The Mayor will set fifne limits for people who ask to speak during publie forum. in general the time limits should be set to enable all people who wish to eomplete their testimany. Time limits shnil not be so short as to not allow speaker-s to tiddress their tie-. When possible and feasible, oreferenee will be eiven-to individuids whe reside within the A shinnd ..:t.. 1:...:t.. Per-sons who do not reside in the City -n • be Viseed at the en Ordinance No. _ Page 13 of 27 of the list of those wishing to si3eak at pubhe for-unt G. Public Testimony on Agenda Items. 1. Members of the public who wish to speak on an agenda item that is not the subject of a public hearing at the same meeting (See Section F. above regarding public hearing testimony) may do so at the time set aside for that agenda item. If a member of the public or a Council member has requested time to speak on a consent agenda item, the presiding officer shall make time for a brief presentation by the requestor prior to the Council's vote on the consent agenda. 2. Persons wishing to speak on an agenda item are to submit a "speaker request form" prior to Council consideration of the agenda item and deliver the form to the City Recorder. The Mayor or presiding officer is to inform the audience on requirements for submission of the form. 3. The presiding officer will set time limits for people who ask to speak on agenda items. In general the time limits should be set to enable all people who wish to present testimony. Time limits shall not be so short as to not allow speakers to address their topics. GH. Unfinished business. 1 I.New business. IJ. Ordinances, resolutions and contracts. al. Every ordinance is to be enacted in accordance with Article X of the City Charter. Copies of the ordinance shall be e-mailed to Council members and the Mayor at least fourteen days prior to the meeting. Council members may review the ordinance and forward suggestions for changes to the City Attorney for consideration. Minor changes may be incorporated, substantive changes will be considered at the time of first reading. Any substantive changes to the ordinance must be verbally noted at first reading. Council members must submit comments to the City Attorney no later than 12:00 noon on the Wednesday prior to Council meeting. Titles of length), or-dinanees wil Lengthy ordinances may be read by title only at Council meetings if the Ordinance title has been published in the local paper at least seven days in advance of the Council meeting thus allowing the ordiflanee to be read by title only at the Conned meeting. h2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not require a roll-call vote. Q. The voting on all ordinances may be by roll-call vote and recorded in the minutes showing those numbers voting for and those voting against. JK. Other business from Council members. Ordinance No. Page 14 of 27 Section 2.04.060 Identification of Fiscal Impact of Policy Decisions, A. When the City Council adopts a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the Council expects to increase and by how much, or which current City programs or department expenditures the Council expects to reduce to fund the new program or policy. However, if the Council cannot reasonably identify a potential funding source, it shall so indicate. B. As used in this Section the term "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the City's annual General Fund budget, and which may require an increase to existing taxes or fees or an imposition of new taxes or fees. C. The provisions of this Section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. Section 2.04.070 Rights of Citizens Citizens may speak on any item not on the agenda during publie forum. Any eitizen has the right to pfesent aft item to the City Gatifteil during publie fartim. Oft behalf of the Gilt,, any Geuii Section 2.04.080 Conduct with City Employees, The City Council will work with City staff in a spirit of teamwork and mutual cooperation. A. Councilors may make inquiries of staff to increase their understanding of an issue or action. Councilors should limit requests for information from staff to questions that may be answered with minimal research. Requests that require significant staff time or resources (two hours or more) should be directed to the City Administrator and must be approved by the Mayor, City Administrator, City Attorney or by a majority vote of the City Council. B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or City Staff, including materials requested by individual Councilors and the Mayor, generally will be distributed to all Councilors with a notation indicating who has requested that the information be provided. C. Individual Councilors should respect the separation between policy-making and administration. They Councilors shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole or limits the options of the council. 'key Councilors must not interfere with work performance, undermine the authority of supervisors, or prevent the full eCouncil from having access to relevant information. Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Administrator or the City Attorney. D. The Mayor and council members should strive not to criticize any person in a public meeting or in public electronic mail messages. The same expectation applies to City staff in the exercise of their official duties. Discussions and disagreements should focus on the content Ordinance No. _ Page 15 of 27 of the topic at hand. Nothing should limit a Councilor or staff person' s right to report wrongdoing. E. Councilors with a concern about the performance of a particular staff person should express that concern to the Mayor, City Administrator, City Attorney. Section 2.04.090 Commissions and Boards. A. Establishing Commissions and Boards. Commissions and boards originate from different sources, including Oregon State Statute, City Charter and Municipal Code; others are established by direction of the Mayor or the City Council. Establishment and description of the Recreation Commission, which is not an appointed commission, is described in City Charter Article XXII and in AMC 2.16. Advise", Commissions and Boards Appointed advisory commissions and boards and other advisory bodies which are permanent {Regular} shall be eedi€ied described in other sections of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These shall ineluding but net include but not be limited to Forest Lands Commission, Planning Commission, Transportation Commission, Planning Hearings Board, Public Reerea"o° Commission, Public Arts Commission, Conservation Commission, Ashland Airport Commission, Housing and Human Services Commission, Historic Commission, Tree Commission, and the Municipal Audit Commission. AMC 2.10 contains code eemmen applicable to all Appointed Commissions and Boa Regular and ad hoc commissions, boards, task forces and other advisory bodies. B. Ad-hoc Committees and Task . The Mayor shall have the authority, with the consent of the Council, to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such ad hoc committees Of taste ferees shall abide by uniform rules and procedures set forth in AMC 2.10 and such other rules as prescribed by the order establishing such ad hoc entities. Committees o- task weer shall make recommendations by way of a formal report to the City Council. The Mayor or City Administrator may refer matters to the appropriate ad hoc committee or ask force. The Mayor with the consent of the Council shall appoint the membership of such committees or- task for-ees. Members of Regular Boards and Commissions may be appointed to ad hoc committees and task forces. The City Administrator shall by order establish the ad hoc body's scope of the work and rules of procedure, if necessary. The Council has the authority to follow the recommendations, change the recommendations, take no action, remand the matter back to the ad hoc body or take any other action it sees fit. The Council by majority vote may remove a member of an ad hoc committee or ° task force at any time, with or without cause. The City Council by majority vote may amend or dissolve an ad hoc committee or- task foree. C. Regular Commission and Board Membership Appointments. Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and boards not required by state law to be appointed by the City Council shall be appointed by the Mayor with the consent of the Council. The Mayor may request assistance or recommendations from Councilors in making appointments. In the Mayor's absence, any necessary appointment may be made by the presiding officer with the consent of the Council. When necessary, the Mayor shall stagger the initial expiration of terms of appointees, such as in the case of a new Ordinance No. Page 16 of 27 commission or board. The Mayor shall not appoint, nor shall the Council consent to the appointment of a person to more than two (2) regular board or commission positions at a time. This rule shall not apply to the Planning Hearing Board. Because broad citizen participation is encouraged, the Mayor and Council shall give due consideration to appointment of new qualified members before re-appointing a person to more than three (3) two (2) full terms on any single regular board or commission. D. Mayor Membership on Ashland Budget Committee. For the purpose of local budget law, the Mayor is a member of the governing body of the City of Ashland. and shall be a voting member of the budget committee. E. Student Membership on Regular Commissions. and Boards. The Mayor with the consent of the City Council may add to the membership of any city commission or board up to two positions for student liaisons. The student liaisons shall be non- voting ex officio members of their respective commissions or boards. Once the liaison positions have been added, the liaison from the high school shall be a high school student chosen by the Ashland High School Leadership class and the liaison from the university shall be a university student chosen by the Associated Students of Southern Oregon University Student Senate. Student Liaisons need not be appointed to every advisory commission or board. F. Regular Membership Removal Process. The City Council, with or without cause, may by majority vote of the City Council at a regular meeting, remove any regular commission or board member prior to the expiration of the term of the appointment. Written notice of removal to the affected member shall be provided. Removal shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term in accordance with paragraph C. above. Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed by the procedures in ORS 227.030 and removal of any member of the Recreation Commission or the Planning Commission is not subiect to this section. Hearings under ORS 227.030 are hereby delegated by the governing body to the City Administrator or Hearings Officer in accordance with the AMC 2.30, the Uniform Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board. After the any Regular commission, committee--or board or other advisory body has been formed and codified, any change or dissolution requires an ordinance amending the Municipal Code. Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions. A. Role and Responsibilities of Council Liaisons. 1. The primary role of a Council ]Liaison is to facilitate communication between the City advisory body and the Council. A Council Liaison is an ex officio non-voting member of the advisory body, not a regular voting member and shall not serve as Chair, unless the Ashland Municipal Code specifically requires the Liaison to serve as Chair or in a voting capacity. Notwithstanding the above, the Council Liaison to the Planning Commission shall be considered a non-member Liaison and not an ex-officio member as regards quasi-judicial matters. Ordinance No. _ Page 17 of 27 2. City Councilors serve as liaisons to Gity °°---missions and boards, as • ell as °d hoe eonintittees and task forees the City's Regular and ad hoc advisory bodies and are expected to represent the full City Council objectively and accurately in interacting with the such entities. 3. City Councilors may attend meetings of City Adviser), Boards and Commissions tin' other-ad hoe entifes the City's Reeular and ad hoc advisory bodies as citizens of Ashland. When attending as a citizen, Council members must identify their comments as personal views or opinions not a representation of City Council policy. B. Attendance. Liaisons should attend all rRegular meetings of the Commissions and Boards, or Ad hoe r,... M44 .,.g Task Forees Reeular and ad hoc advisory bodies to which they have been assigned as time permits and should make special efforts to attend meetings in response to specific requests to participate in discussions on topics the Council may need to be aware of or provide input on. attending, in the event a liaison has diffieulty the liaison should find an alternate too nattend- Or- r-eview the video or other reeor-d of the pr-eeeeding. in the event of a eontiniting seheduling eonfliet, the Linison should ask the Mayor to be reassigned. Liaisons shall not attend quasi-judicial proceedings when the final appeal or final decision is or could come before the City Council C. Deliberations. The City Council values diversity of opinion. A significant role of an advisory body is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Accordingly, Council liaisons to City advisory bodies should not attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory body bodies to which he orshe has they have been assigned. Council liaisons are encouraged to field and answer questions as appropriate for an ex-officio member of the advisory body. Undue influence over the decisions of any City advisory body shall be grounds for removal of a Liaison assignment under paragraph I below. D. Respect for Presiding Officer. City Councilors attending advisory body meetings as liaisons shall accord the same respect toward the Chair and other members as they do towards the Mayor, Presiding officer or each other. E. Council Information. City Councilors will inform the advisory bodies to which they have been appointed liaison of about Council agenda items and Council decisions that may be of interest to the advisory body. Liaisons shall also encourage advisory board members to attend Council meetings to keep abreast of Council action, policy matters and the activities of the eity City. To {x.....1:tate the ..1....♦.r,., and notwithst....ding a ..41.er provision of the !`ode, the f'1 air- of au..uuuse .a. uvv an wv..ov ..11 p odieall , pinee on the Agenda for the advisor • bed.., ° item : j vvv~ na.u. labeled "Report of Couned Linisonl-k F. Role of Liaison as Regards Advice on Filling Vacancies. The Council ILiaison for each advisory body, together with the advisory body chair and assigned staff liaison will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. Ordinance No. Page 18 of 27 G. Repor-fine to the Couneil. .impor-tant aet:yities ,of eh °~a_va:non, boll, to high thev have been a nee Each advIS9l,wv mtf• f •l mv ormT*sEtl to Eve a short annual presentation to the City HG. Liaison Appointment Process and Term. The Mayor will appoint a Councilors to act as a Council ILiaisons to each and every Regular advisory commission or board. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. Liaison appointments shall be for a term of one year unless otherwise expressly stated. Appointments are generally made on an annual basis in January and the Mayor shall make an effort to rotate liaison assignments if there is more than one Councilor expressing a preference for an specific appointment. 1H. Removal from a Liaison Assignment. The Mayor or a Councilor may be removed for any reason from a specific liaison position or assignment upon two-thirds vote of the entire Council. Section 2.04.110 Council Representatives to State, Regional, Community and other External Organizations. A. Role and Responsibilities of Council Representatives. 1. City Councilors may be appointed, either by the City or by another entity, to serve as the City of Ashland's representativ Representative to State, Regional, and Community organizations. In all cases, the City's representative Representatives will follow the bylaws and guidelines for service of the organization to which they have been appointed. 2. The purposes of serving as an official Representative to State, Regional, Community, and other external organizations are to ensure effective working relationships with other agencies and organizations, ensure that Ashland uses all possible avenues to achieve community goals; achieve City Council goals both within the community and in the Rogue Valley; protect the home rule authority of the City of Ashland to make decisions that are best for the community; ensure that key City revenue streams are protected; and secure federal and state funds for projects that benefit the City of Ashland and other community institutions. 3. City Councilors are expected to represent the full City Council in their work as Citv Representatives. If the Council has an approved position on a matter under discussion, the Representative shall articulate and, if called upon, vote in favor of that position. If the City Representative is asked to take an official position on an issue that affects the City of Ashland and the City' s official position is unknown or unclear, the City Representative should request that the item be placed on a City Council agenda in accordance with AMC 2.04.030 for full City Council action. If the Council has not approved an official position and has not had the opportunity to confer with the City Representative on a matter under deliberation in the subject Ordinance No. Page 19 of 27 external organization, the Representative shall make a good-faith effort to reflect what the Representative believes the full Council's position would be if the Council were to consider the matter, regardless of the Representative's personal views. Representing ft position other than the offleial position of the City of Ashland Conduct contrary to the guidelines in this subsection is grounds for removal under paragraph E. 4. City Representatives serving as voting members on another organization's Board of Directors (such as the Rogue Valley Council of Governments) should work in the best interest of that organization when nst On with unless such action would not be in the best interest of the City of Ashland. When ^ ented with ^ confliet, the ^ ^-h-°^ 5. if the City Councilor sen,ing as a Representative is mlied tA take an Affieial position on an e that ..C{'..^a^ the City of Ashland and the City' s offieial position is unknown or- the City Couneiler should request that the item be placed on _8 e City Counea ° enda in aeeordanpt iyith AM-C, -2.04.030 for- full City Coup^a fietio . If the City Representative has an actual or potential personal conflict of interest, as defined in Oregon Ethics Law, the Representative must fully comply with the applicable requirements of Oregon Ethics Law and City ethics ordinances. 6. City Council members may attend meetings of state, regional, and community organizations as citizens of Ashland. When attending as a citizen, Council members must identify their comments as personal views or opinions not a representation of City Council policy. B. Attendance. Representatives should attend all regular meetings of the organizations to which they have assigned. In the event a Councilor has difficulty attending, the Representative should find an alternate to attend on the City's behalf. In the event of a continuing scheduling conflict, the City Representative should ask the Mayor to be reassigned. C. Reporting to the Council. Council Representatives shall periodically report to the entire Council on significant and important decisions activities of each state, regional, and community organizations to which they have been assigned. Council members may also request that representatives of these organizations may be invited to give a short annual presentation to the Council. D. City Representative Appointment Process and Term. 1. The Mayor will appoint a Councilor to represent the City to state, regional, and community organizations to which the City is entitled to an official delegate. The City Council shall confirm these appointments. 2. The Mayor and City Councilors may also be invited by external organizations to represent either the City of Ashland or "Cities" in general. In these cases, the Mayor or Councilor that has been asked to serve will inform the City Council in a regular meeting of the assignment and request that the City Council confirm the appointment. Ordinance No. _ Page 20 of 27 3. Councilors interested in a particular subject area should inform the Mayor of their interest and the Mayor should take the expression of interest and/or a Councilor's preference into account when making appointment decisions. City Representative appointments shall be for a term of one year unless otherwise expressly stated. Appointments are generally made on an annual basis in January and the Mayor shall make an effort to rotate liaison assignments if there is more than one Councilor expressing a preference for an specific appointment. E. Removal from a Representative Assignment. The Mayor or a Councilor may be removed for any reason from a specific representative position or assignment upon two-thirds vote of the entire Council. Section 2.04.120 Councilor Expenses. The City will reimburse a Councilor or the Mayor for expenses that are directly related to City business in accordance with the City's reimbursement policy. Councilors are required to submit all statements as required by ORS 244. Section 2.10.005 Purpose. Advisory commissions and boards (advisory bodies) require uniform rules, policies and operating procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code, the following policies and procedures govern all the City's commissions and boards, as well as ad hoc entities. Nothing herein removes the requirement for compliance with more specific regulations and guidelines set forth by state statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules do not apply to the elected Parks and Recreation Commission. Section 2.10.020 Terms, Term Limits and Vacancies. All successors to original members of an advisory commission or board, shall have a three (3) year term, except as otherwise provided in the appointment order. Notwithstanding the three year limitation, Planning Commissioners shall serve serve for terms of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee members not on City Council shall serve for terms of four (4) year terms, with terms expiring on June 30 the fourth year. All other regular terms shall commence with appointment and shall expire on April 30 of the third year, unless otherwise provided in the appointment order. The appointing authority may stagger terms in the original appointment order as necessary. Members may serve three (3) two 2 terms on any single commission or board, after which time the Mayor and Council will give due consideration to other qualified candidates before making a reappointment. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided in AMC 2.04.090C. Section 2.10.025 Meetings and Attendance. A. Unless otherwise provided by law, the number of meetings related to business needs of an advisory commission, or boards may be set by the advisory body. B. meetings, All members are expeeted to attend all regular!), seheduled study sessions and speeial meetings, when appheable if a member -Ali!! be absent from a meeting, the Ordinance No. _ Page 21 of 27 member- must notify the elmir or- the staff liaison at least two hours prior- to the meeting. Any member who has twe or more unexeused absences in a six month period ji.ee- 4. rci- Ti ....4 arnher- not attending a minimum of two thirds s (2/2l of all yaeansi•~~ - nc•Tn~c~ber crtaixrtg---` t • o 1. d led meetings (inclusive of study sessions and speeial meetings) shall No eensidered maetive and the position The Planning Commission and Budget Committee shall set their own meeting attendance requirements. All members of other Regular or ad hoc advisory bodies are expeeted to must attend aN at least seventy-five percent (75%) of the full advisory body's noticed meetings, study sessions and special meetings in each full year of their tenure and must not miss more than two consecutive noticed meetings in the first or second half of any calendar year. A person removed from the advisory body for non-compliance with attendance requirements subsequently may be appointed to fill the vacancy on the advisory body by means of the normal appointment process of that advisory body. C. A member should provide at least 48-hour notice to both the chair of the advisory body and the staff liaison regarding any planned absence from a scheduled meeting of the advisory body. In the event an unexpected emergency will cause a member to be absent from the meeting, the member must, if possible, notify the chair or the staff liaison within a reasonable time in advance of the meeting. D. Generally, advisory bodies may not allow alternates to represent or stand in for a member at a meeting. Notwithstanding the foregoing preclusion of alternates, on Regular and ad hoc advisory bodies with some members who are appointed by an entity other than the Mayor and City Council and who serve as a representative of the appointing entity, an alternate may participate and vote for the named member by proxy at any meeting of the advisory body. Such participation by the alternate will be deemed to be attendance by the named member. Individuals directly appointed by the Mayor and approved by the Council may not be represented by alternates. E. Each advisory body should review member Aattendance shall be revie ed by the with a report sent to and report to the City Recorder approximately every six months. City Recorder will advise the May and ~*t~ ~oR*•~== or uand City Council advising on the need for appointments f - or re-appointments, if necessary. Section 2.10.040 Quorum and Effect of Lack Thereof Unless etl.,.... se °"dainedf A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Non-voting ex officio members, staff and liaisons do not count toward the quorum. " - ority of the quorum is neeessa", to adopt any motion. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, internet etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions require the affirmative vote of at least two- thirds of the members present. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the Ordinance No. Page 22 of 27 presentations and discussions are made and posted on the City website;.(2) no deliberation towards a decision or any other official business takes place; and (3) all natters topics advertised shall are automatically be eent+nued to added to the agenda for the next regularly scheduled meeting. Section 2.10.050 Election of Officers, Secretary, and Subcommittees. At its first meeting following the appointment or reappointment of members each year, of the year the advisory commission or board shall elect a chair and a vice-chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an officer for more than two three consecutive annual terms. Without the need for an appointment, the head of the City Department staffing the commission, committee or board shall be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Provided Only the full body can make recommendations to the City Council. Subcommittees must comply fully with the requirements of Oregon Public Meetings law. Section 2.10.060 Agendas and Minutes. The chair or staff liaison will be responsible for timely preparation and posting in advance the agendas of all meetings of advisory commissions and boards on the City's website. A member or staff liaison will be responsible for taking minutes and getting them he posted on the eCity's website, generally within a few days after the meetings. Members are encouraged to access those documents from the web site. Staff will email or mail documents to members upon request. If the advisory body has a current Council Liaison, the Liaison shall periodieally should be given the opportunity to report to the commission or board periodically. Section 2.10.065: Goals. Advisory commissions and boards are encouraged to establish annual goals and action items that reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. Section 2.10.070 Rules and Regulations. The advisory commission or board may make such rules and regulations as are necessary for its governance, including the conduct of meetings, when not inconsistent with Ashland City Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the meeting procedure rules in AMC 2.04.40 Roberts Rules of Orde . In the event of conflicts that cannot be resolved less formally, Roberts Rules of Orde AMC 2.04.040 shall be used as the standard for meeting rules and procedures. Failure to strictly fellew comply with ROWAS Rules der the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. Ordinance No. Page 23 of 27 Section 2.1o 085 'Deliberat'ions: ' it is the duty of the ehair- or presiding offieer- to ensure that each member has th opportunity to spenk. Members speak on!), for- themselves and shall be open, dir-eet and eandid. Members shall strk,e to defiberate to a dee*sion and shall rely upon the ehair to keep the discussion moving. No member shall speak more than once until every member- choosing to spealk shall have spoken or-waived their right to do so. No member- shall speak more than twice on the same motion without leave of the presiding officer. Section 2.10.105 Reports. A. Each Aadvisory body shall submit copies of its meeting minutes to the City Recorder for presentation to the eCity eCouncil . and shall prepare and submit such reports fis from time to time may be requested by the Mayor and City Counell. B. The chair of each advisory body is expected to give at least one report to the City Council each year on the advisory body's accomplishments, work in progress, and planned activities. In addition, the Mayor or City Council may from time to time ask chairs for information and recommendations on matters within the scope of their advisory bodies. Chairs' reports to the Council are to be objective and representative of the maiority views of the memberships of their advisory bodies. C. Council Liaisons may report to the entire Council on significant and important activities of any advisory body to which they have been assigned. D. Staff Liaisons to the advisory bodies may assist in preparing such reports. E. Unless otherwise expressly provided in the Ashland Municipal Code or State Law, all reports or recommendations of City advisory bodies committee shall be considered advisory in nature and shall not be binding on the mMayor or eCity eCouncil. Section 2.16.010 Publie Recreation Commission - Purpose of Chapter. The purpose of this chapter is to implement Article XXII of the Ashland City Charter which provides for a Recreation Commission. Section 2.16.020 Publie Recreation Commission - Organization. The Recreation Commission shall meet and organize itself by selecting one or more of its members as Chair and such other officers as they deem necessary. The Commission has power to adopt By-Laws, rules and regulations for the proper conduct of public recreation in the City. Section 2.16.030 Publie Recreation Commission - Duties. The Public Recreation Commission shall coordinate, as far as possible, the recreational facilities now within the City, or hereafter to be constructed or created, with the object and purpose of promulgating a central plan in which all public boards and agencies, as well as private organizations, may participate. The Commission shall have the power to conduct any form of recreation or cultural activity will employ the leisure time of the people of Ashland and vicinity in a constructive and wholesome manner. Ordinance No. Page 24 of 27 Section 2.16.040 Public Recreation Commission -Recreation Director. The Publie Recreation Commission has the power to appoint or designate some individual to act as recreation director who is trained and properly qualified for the work and such other personnel as the Commission deems proper. The E-ubiie Recreation Commission shall, at the proper time annually, submit a budget estimate to the Mayor and City Council for their approval. The Commission may also solicit or receive any gifts or bequests money or other personal property, or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or other recreational purposes. Section 2.16.060 Publie Recreation Commission -Reports. The Publie Recreation Commission shall make full and complete monthly and annual reports to the Mayor and City Council and such other reports as from time to time may be requested of them by the Mayor and City Council. Section 2.18.10 Established Membership (Conservation Commission). The Conservation Commission is established and shall consist of nine (9) voting members including one representative of the solid waste franchisee for the city; and one representative from Southern Oregon University; and one representative from the Ashland School District and six (6) other voting members. At least five (5) of the other members shall reside within the city. The commission shall also consist of certain non-voting ex officio members, including the mayor or one council member serving as council liaison, the Department of Community Development Director and the Electric Utility Director, the Director of Public Works, the Building Official and City Administrator. The ale tr ie Utility Dir eetor sen,e as the primary staff Liaison a Seer-etary of the Commission The primary staff liaison shall be appointed by the Citv Administrator and shall serve as Secretary of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council.. Section 2.28.100 Electric Utilities Department - Functions. The functions of the Electric Utilities Department are the construction, operation, and maintenance of the electric distribution system; the installation of all new lines, services and meters; the maintenance of the hydro-generation plant; the preparation and submission of proposed work programs including estimates of cost; and the installation, maintenance and operation of all electrical equipment and facilities of the City, and the implementation o programs for energy eonseFvation r-equir-ed by state or- federal law, or as npproved by City Council. Section 2.28.130 Finance Department - Functions. The functions of the Finance Department are the administration and collection of various City taxes, licenses, and permits and the administration of ordinances and state laws applicable thereto; the receipt and safekeeping of all City money; preparation and control of the City budget; procurement of materials, supplies, equipment and services for all departments, except the Parks and Reerention GommisAon; receipt, storage and issuance of supplies, materials and equipment; the disposal of surplus property; fiscal and property accounting for all departments as^"u° Ashland Da-ks and Ree-ea"a^ Commiss ; data processing; financial estimating, planning and programming; billing and collecting; investment of temporarily idle funds in cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk Ordinance No. Page 25 of 27 management and insurance administration; operation of the switel-b""-a• ° "~ai~ on of th maintenanee and repair of all publie buildings belonging to the City used fe eleaning, general administrative purposes; establishing and operating a eentr-nlized ) general administration and eantr-ol of the Cemeten, Department; the performance of all duties prescribed by the City Charter and ordinances and the laws of the State for those officers and officials included in the Finance Department; and the performance of such other functions as may be assigned by the City Administrator or prescribed by the City Council. Section 2.28.340 Public Works Department - Functions. The functions of the Public Works Department are the construction and maintenance of all streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant; the construction, maintenance and operation of the water distribution systems, the maintenance and operation of the water filtration plant; the supervision of all work done on streets, alleys, or other public ways, land, buildings, or other structures by anyone other than the City; supervision of the repair and maintenance of all motor equipment of the City, exeept equipment of the Pa-1,^ and Recreation Commission; the performance of traffic engineering; the planning, improvement and maintenance of the Ashland Municipal Airport; the performance of all phases of engineering work required in connection with all the functions of said Department; the keeping of records of all surveys and measurements made, which records shall be open for public inspection. Section 2.28.354 Community Development Department - Functions. The functions of the Community Development Department are the preparation and maintenance of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of ordinances, policies, maps and studies implementing said plan; the processing of applications for planning actions set forth in Title 18 of this Code; with the assistance of the Police Department, the enforcement of all laws, ordinances and regulations governing the erection and occupancy of buildings and structures, and the alteration of or additions to buildings and structures as required in Title 15 of this code; and, with the assistance of the Police Department, the enforcement of all laws and ordinances governing zoning and land-use as set forth in Title 18 of this code ion of energy eo senation programs as may be appr-oved by development and implementa" fl... A .1...:..:..4....4........ !':4.. !`........:1 SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections [Nos. 2-3] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. _ Page 26 of 27 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 2014, and duly PASSED and ADOPTED this day of 2014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 27 of 27