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2016-0315 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 continents 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 March 15, 2016 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 1. Endorsement of Rogue Valley Transportation District's serial levy V. APPROVAL OF MINUTES 1. Study Session of February 29, 2016 2. Executive Session of February 29, 2016 3. Business Meeting of March 1, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation of April 3-9, 2016 as Arbor Week in Ashland 2. Annual presentation by the Tree Commission 3. Presentation regarding Ashland winning, "Best Tasting Water" award 4. Report to Council on crime in Ashland and use of force by the Ashland Police Department VII. 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] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. 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) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None. X. UNFINISHED BUSINESS 1. Continued discussion of financing options for tactics to address downtown behavior issues. XI. NEW AND MISCELLANEOUS BUSINESS None. XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution modifying solid waste franchise rates and fees" 2. Approval of a resolution titled, "A resolution of the City of Ashland to submit to the voters at the November 8, 2016, General Election an ordinance establishing a tax on the sale of recreational marijuana and marijuana-infused products in the City of Ashland" 3. First reading by title only of an ordinance titled, "An ordinance adding Chapter 10.130 Intrusive Solicitation to Title 10 Peace, Morals and Safety of the Ashland Municipal Code" and move on to second reading 4. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.64 Obstructing Sidewalks and Passageways" and move onto second reading XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING 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, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE, AT WWW.ASHLAND.OR.US City Council Study Session February 29, 2016 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, February 29, 2016 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room. Councilor Rosenthal, Morris, Marsh, Voisin, Lemhouse, and Seffinger were present. 1. Public Input Zach Brombacher/1370 Tolman Creek Road/Lived on Tolman Creek Road for 40-50 years and reported on two issues. The first involved the intersection at the Be] ]view Elementary School. The intersection was dangerous. He suggested the City put in a stop light. The other issue was storm water drainage on Hamilton Creek. Infill in that area was increasing the amount storm water that drained onto his property and his neighbors. They could no longer use 75-feet of land on either side of the creek. This was not fair to local landowners. Now a developer was planning an eight-house subdivision that would result in even more drainage onto his property. He asked the City to look into the situation and consider adding a drainage pipe to alleviate the issue. Huelz Gutcheon/2253 Hwy 99/Congratulated Council on the Climate Energy Action Plan. He addressed the recent Greenhouse Gas Inventory report and noted inconsistencies and that his document on the subject was not included in the request for proposal. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Continued discussion of street maintenance and funding needs Public Works Director Mike Faught introduced Utility Technician Steve Burkhalter from the Streets Division, and Public Works Superintendent Mike Morrison. Mr. Morrison provided a video showing various road conditions, the use of the pavement condition index (PCI) to grade city streets, a falling weight deflectometer to determine conditions below the surface, and repair recommendations for specific streets. Mr. Burkhalter explained the Streets Division milled a street down to its structural integrity then would overlay the road accordingly. They based repair on the age of a road, traffic load, and traffic flow design. The Streets Division prioritized roads by traffic loads. Arterials were first, and then collectors based on traffic volurnes. The goal was preventing them from falling into reconstruction that was very expensive. Mr. Faught noted asphalt had a 20-year life and they tried to overlay at year 15 for general arterials and collectors. They could extend residential streets with slurry seal. The Street Division performed structural testing on the arterials and collectors and only visual rating for residential roads. Staff explained there was $10,500,000 for arterial collector- and collector streets. There was $3,000,000 for the East Nevada project and $3,000,000 for Capital Improvement Projects (CIP). Additionally, there was $19,700,000 for unfunded roads. City Administrator Dave Kanner added the initial $10,500,000 pavement project needed to occur within the next five years to prevent more of the arterial and collector streets from falling into the failure category. Residential overlays could extend over a longer period. The City needed to raise $19,700,000 over a period of decades. Mr. Burkhalter clarified deflection testing was random and did not include the full length of a road. There was also a difference with the type of testing. Project level testing tested every 100 feet for design. On the collectors, they tested every 300 feet. City Council Study Session February 29, 2016 Page 2 of 3 Mr. Faught further explained the five-year CIP plan. The East Nevada Street was $3,000,000, the new Independence Road was $1,200,000, and the rest were sidewalk projects. The $10,500,000 pavement project would bring the roads indicated up to an adequate level and prevent the potential of reconstructs. Mr. Kanner addressed funding and possibly using the Food and Beverage (F&B) tax to pay for street improvements. Currently F&B tax went towards the Wastewater Treatment Plant debt until 2022. The City refinanced the Wastewater Treatment Plant debt and it would slowly decline until paid off in 2022. While this was happening, the F&B tax revenue was increasing creating a gap no longer needed for the treatment plant debt. Based on the past, staff was comfortable forecasting this was the trajectory. Mr. Kanner proposed applying the gap no longer needed for wastewater debt to street maintenance primarily the $10,500,000 pavement maintenance program. The amount for 2017 would be approximately $679,000. The City would incur new debt for other wastewater- treatment projects, but the cost of the debt set-vice for those projects was built into wastewater rates anticipated in the Wastewater Master Plan. By 2022, the gap in F&B tax would be $1,350,000. Mr. Kanner proposed amending the ordinance to increase the Parks and Recreation Department's portion of F&B tax to 25% to help their equipment replacement fund. He thought the City could fund the $10,500,000 pavement program using F&B tax and possibly a slight increase over time to the transportation utility fee. In 2023, the debt service for the Wastewater Treatment Plan would end. There was an opportunity at that point to start banking F&B tax for the other $19,700,000 projects. If Council agreed, he would bring an ordinance back that reallocated F&B tax dollars. Staff was still factoring details. He talked to focus groups and people in general supported using those dollars for street repair. This did not require deferring changes to the F&B tax to voters. Staff would look into the percentage of traffic volume tourists added to wear on the streets. Mr. Kanner clarified the City could not defuse debt until the last two years due to the recent refinance. The debt at this point was $9,000,000 to $10,000,000 on the treatment plant. The F&B tax would sunset 2030. Mr. Kanner had some hesitation funding capital improvement projects with F&B tax and wanted to see if the City received a grant for the East Nevada project before committing to borrowing money. The one thing that needed to happen right away was borrowing the $10,500,000 to do the pavement maintenance project. The rest did not need to happen immediately. Mr. Faught noted they had the internal capacity to manage the project but it would be a challenge. Mr. Kanner clarified the financial projections indicated the City could cover the debt service on wastewater treatment projects or upgrades with operating cash. Financial projections noted substantial growth in the Waste Water Fund Balance even with new debt service. The fund balance was larger than needed. Mr. Burkhalter explained with the exception of three overlays in 2009, the Streets Division had not done any overlays for 15-20 years. Currently 65% of the entire street network was 20 years or older. Within the next five years, it would increase to 75%. Mr. Faught clarified the East Nevada project and new Independent Way Street were high priorities regarding connectivity. Council could bump the projects and use those fiends for street repair if they wanted. Hansford Consulting advised the City to bond in phases, possibly every 2-3 years. Mr. Kanner proposed moving away from a fixed percentage of allocating this money for wastewater debt and street maintenance and go to a "cost plus" model. The City could allocate the dollar amount needed from F&B tax for wastewater debt, add a small percentage to continue building the reserve and the wastewater fund, and put the remaining balance towards street improvements. City Council Study Session February 29, 2016 Page 3 of 3 Council discussed concerns reallocating funds to street maintenance, and having a public discussion during a regular Council meeting about putting it out to the voters. Mayor Stromberg spoke to someone at the Visitor Convention Bureau (VCB) who stated that Ashland received 300,000 visitors a year. Council directed staff to bring the matter back to a regular Council meeting and explain the rationale for raising the Parks and Recreation Department percentage to 25%. 4. Discussion of Citizen Planning Advisory Committee Councilor Voisin wanted Council to consider reactivating the Citizen Planning Advisory Committee (CPAC) for a trial period of two years and explained why. Councilor Rosenthal left the meeting at 6:43 p.m. Council did not support reactivating CPAC and directed staff to bring an ordinance to a future Council meeting to repeal Ashland Municipal Code Chapter 2.27 and transfer Committee Citizen Involvement (CCI) responsibilities to the Planning Commission. Meeting adjourned at 6:58 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting March 1, 2016 Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 1, 2016 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, Seffinger, and Marsh were present. Councilor Rosenthal arrived at 7:15 p.m. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Boards, Commissions, and Committees. The deadline for applications was March 18, 2016. He noted the new lectern for public speaking and asked those that had used the podium to email their feedback to him. The Mayor went on to announce he was hosting a listening session on the downtown smoking ban Wednesday, March 16, 2016 from 6:00 p.m. to 8:00 p.m. in Council Chambers. The draft ordinance was available on the City website. The City planned to broadcast the meeting live on local television with a video available on the City website the next day. He explained agenda item 2. Possible new ordinances on hindering pedestrian passage and on soliciting contributions in specific circumstances under XI. New and Miscellaneous Business item was part of several ordinances that Council would discuss at the March 15, 2016 Council meeting. During this meeting, Council would ask questions of the City Attorney and take public input. People speaking on the topic at this meeting would be able to speak again on the subject at the March 15, 2016 meeting. Councilor Voisin/Morris m/s to add a discussion regarding hanging baskets onto the agenda under Other Business. DISCUSSION: Councilor Marsh requested information regarding the item, as she had not received anything on the matter. Councilor Voisin called for a point of order regarding her opportunity to speak to the motion. She had sent an email to City Administrator Dave Kanner and the Mayor requesting they keep a public record on funding for the hanging baskets and wanted it as part of the public record. Voice Vote: Councilor Voisin and Marsh, YES; Councilor Morris, Lemhouse, and Seffinger, NO. Motion died. Mayor Stromberg requested the City Administrator send the funding information to Council, the press, and make it available on the City website. APPROVAL OF MINUTES The minutes of the Executive Session of February 11, 2016 and Business Meeting of February 16, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of March 8, 2016 as International Women's Day was read aloud. Councilor Rosenthal arrived at 7:15 p.m. City Council Business Meeting March 1, 2016 Page 2 of 8 PUBLIC FORUM Robert Hielbroner/2664 Anderson Creek, Talent, and OR/Explained he was embarrassed on what seemed to him a mean spirited attack against the weakest folks in the community. In the 21 years he had lived in Ashland he never experienced a negative encounter with any of those folks. Mayor Stromberg explained Public Forum was for items not on the agenda. Mr. Hielbroner went on to express that his family was sick at the thought that the apparent first family of Ashland was building a manor house in the heart of Ashland commons. Lithia Park was the heart and whole of Ashland's communal space. He knew the family had already gone through a zoning process. This was a social issue and affected everyone's experience of Ashland. The proposed home was huge and violated the spirit of the common place. Allen Drescher/21 South 2°`► Street/When he first became a municipal judge in Ashland there was a city jail. The Jackson County jail was subject to federal court injunction limiting the amount of inmates. A matrix required the release of inmates when it exceeded the cap and prohibited the admission of inmates based on severity of offense. As a result, the Jackson County Jail did not hold or receive offenders convicted of municipal ordinances. The police and defendants knew this. Ashland was widely known as a safe place for violators because they knew they would not go to jail for violating City ordinances. This resulted in violators acting with impunity and no risk of incarceration or deterrent to their conduct. Incarceration deterred those otherwise inclined to commit an offense from committing that offense. Other cities in the area had agreements with Jackson County Jail to house municipal court offenders. He suggested Council consider having Ashland do the same. It would restore the deterrent effect and create a significant decrease in violations. Carola Lacy/667 Park Street/Thought the DeBoer family was out of touch with the reverence Ashland community held for Lithia Park. The almost 3,000 square foot home was inappropriate to its proximity to Lithia Park and other city and community buildings nearby. She did not understand how the Tree Commission approved the removal of eighteen trees for the house or the Planning Commission's lack of awareness to the community's sensitivity to Lithia Park. The whole area was low key, simple, and unpretentious. She asked the Planning Commission to review zoning for the area. The earth was at a crossroads. It was unknown whether people would survive as a species. Yet this house flaunted consumerism in the face of the community. She wanted to believe the majority of Ashland did not want this house built at 85 Winburn Way. Out of respect for the community, she asked the DeBoer's to build elsewhere. Cindy Bernard/1300 Tolman Creek/Spoke on renting jail space at the Jackson County Jail. She shared an incident that occurred earlier that day at the Ashland Conn►nunity Resource Center that involved calling the police. The manager tried to extricate an individual several times to no avail. If there is no consequence, the behavior continues. She urged Council to consider securing jail beds. It would send a message that people could not receive a citation and throw it on the ground. Huelz Gutcheon/2253 Hwy 99/Explained that a year ago lie introduced the Ashland Renewable Energy Acquisition Department. He had also stated global wanning was bad and that Ashland should stop building homes wrong. Stopping bad growth would not ruin the economy. Ashlanders paid two times more to suffer new construction. He wanted Council to fire City employees and hire 6-20 new ones that would do home energy upgrades and structure lobby learning centers to teach everyone how to build autonomous homes and put up solar panels everywhere. The employees were wonderful people but needed to find jobs in another town. The City needed new employees. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Robert Block-Brown to the Public Arts Commission 3. Appointment of Marni Koopman to the Climate and Energy Action Plan ad hoc Committee City Council Business Meeting March 1, 2016 Page 3 of 8 4. Approval of a public contract exceeding $100,000 for four Chevrolet Colorado pickup trucks for use by Ashland Parks & Recreation Councilor Rosenthal and Councilor Voisin pulled Consent Agenda item #4 for discussion. Public Works Superintendent Mike Morris explained the vehicles were more fuel-efficient. The Environmental Protection Agency (EPA) rated the vehicles at 20 miles per gallon where the older ones were 17 miles per gallon. They also met current emission standards. Staff had considered electric vehicles and could not find ones that met the needs of the Parks and Recreation Department. Staff looked into alternative fuel or electric whenever they went to purchase new vehicles. There were not many available for commercial applications. Staff would include this information in fixture Council Communications. Mr. Morrison went on to explain there were five mechanics on staff who determined when a vehicle needed replacing. They based that decision on the condition of the vehicle not age or miles. The vehicles before Council cost approximately $27,000 each, would last ten years, and cost $2,700 annually for maintenance. Vehicles get to the point where maintenance outweighed the cost of replacement. He further explained hybrid trucks were not on the market at this time. Chevrolet made one but found them not to be as efficient as they expected so they stopped production. The trucks would haul trailers and equipment with heavy use in a commercial capacity daily. Presently, electric vehicles mostly transported people. The ones out there for heavier use were not of good quality but improving. Councilor Rosenthal/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Approval of a resolution titled, "A resolution of the City Council establishing a fee for appeals of administrative decisions." City Administrator Dave Kanner explained he had restructured the appeal structure so that it hinged on whether or not a citizen requested a written or mechanical record of the hearing. If a citizen waived their right to a written or mechanical record of the hearing, it reduced the appeal fee. Requesting a third party to hear the appeal along with a written or mechanical record increased the fee. Ashland Municipal Code (AMC) at AMC Chapter 2.30.020 contained a provision that if an appellant lost an appeal, the appellant was financially responsible for the cost to the City or the appeal including but not limited to the cost of hiring an independent hearing officer. The resolution could not override that code provision. Essentially the resolution was a filing fee. The simplest way to appeal an administrative decision was to appeal it directly to the City Administrator who served as the hearings officer and waive the right to a written or mechanical record of the hearing. In that case, the appeal fee was zero. Administrative appeals were rare and took little time. The fee for creating a written or mechanical record of the hearing would be $50. An appeal heard by an outside party where the appellant waived their right to a written or mechanical record was $50 and essentially the down payment on the cost of the hearings officer's time. If the appellant prevailed, that is all they would pay. If they lost, per code, the appellant would incur actual costs. The highest fee was when an appellant required a third party hearings officer and a written or mechanical record of the hearing. In that situation, the filing fee was $150. Mr. Kanner would change the language in bullet three under Section 1 of the resolution to read, "$150 or the actual cost per AMC 2.30.020.(H) whichever was greater..." Staff would revise the resolution and bring it to a future Council meeting. City Council Business Meeting March 1, 2016 Page 4 of 8 NEW AND MISCELLANEOUS BUSINESS 1. Report from the ad hoc Committee on AFN Governance Structure Councilor Marsh provided the background on the working group that consisted of herself, Councilor Rosenthal and various members of the community. Since May 2015, they held ten meetings, looked at the mission of the organization, performed a SWOT Analysis to determine strengths and weaknesses, and researched organizational models. The group would most likely come to Council and recommend establishing an Ashland Fiber Network (AFN) Commission to provide continued oversight on the organization. AFN made great strides over the past year and currently was embarking on a marketing campaign. The ad hoc Committee wanted to follow the marketing campaign and report to Council in six months. Councilor Rosenthal addressed the second recommendation to implement performance standards and incentives for AFN's internst set-vice providers. There was an opportunity over the next few months to build partner relationships with the help of the marketing piece. The ad hoc Committee was interested in seeing the recommendations that would come from this independent group and if the tactics were effective. Councilor Marsh clarified they were asking Council permission to allow the ad hoc Committee to shift focus with the marketing campaign and provide some oversight. Councilor Voisin wanted alternatives to the AFN Commission. She suggested changing some of the ad hoc Committee members and adding people with marketing expertise. Her concern was ad hoc committee creep. Councilor Rosenthal raised a point of clarification on Councilor Voisin's reference to ad hoc committee creep. Councilor Voisin explained there were other ad hoc committees that in the past had suggested new missions they had developed. It was important to be clear o►1 this new direction. Electric/IT Director Mark Holden thought the working group added benefit and had the long-term best interest of AFN. Councilor Voisin motioned to consider new nominations for the ad hoc committee. Motion died for lack of second. Councilor Lemhouse/Marsh m/s to approve the request of the ad hoc AFN Governance Structure Committee to add to its scope of work advising the City Administrator and the Director of IT/Electric Utility on the development and implementation of a marketing and communications plan. DISCUSSION: Councilor Lemhouse appreciated the efforts from Councilor Marsh and Rosenthal. It was an appropriate request. He was confident in the current members and did not think they needed to change. Councilor Marsh responded to Councilor Voisin's concern regarding mission creep. It certainly happened sometimes and the reason they came to Council to explain why they wanted to head in this direction. She suggested having a study session sooner to explain the material and conclusions rather than waiting another six months. Councilor Voisin wanted the study session to occur April 4, 2016. It was important that Council was aware of what the group had done. The reason she wanted to change the membership was new eyes were important on a subject. She did not like the direction the committee was going but would support the motion. Councilor Seffinger supported having a study session and was interested in hearing about the communication strategy that increased the customer base and how it related to the future. Roll Call Vote: Councilor Rosenthal, Voisin, Morris, Seffinger, Marsh, and Lemhouse, YES. Motion approved. 2. Possible new ordinances on hindering pedestrian passage and on soliciting contributions in specific circumstances City Attorney Dave Lohman explained the draft ordinances were in response to dealing with downtown behavior. If Council went forward with the ordinances, he suggested approving the resolution titled City Council Business Meeting March 1, 2016 Page 5 of 8 Affirming the Right of all Persons to Use Public Streets and Sidewalks and be Treated Equally Regardless of their Economic or Living Conditions. The first proposed ordinance would address intrusive solicitation. Solicitation was a protected First Amendment activity. Free speech activities could be restricted to time, manner, and place only if it met what the Supreme Court called Strict Scrutiny. The First Amendment did not protect solicitation that included unlawful conduct. The proposed ordinance would address solicitation that was coercive in that a person was not able to walk away from the encounter. The ordinance clearly defined the situation where it would apply. An official would issue a citation after the person received a warning and then continued to solicit. Mr. Lohman initially identified the penalty as a Class I violation and thought it was more appropriate as a Class IV violation instead. If Council went forward with the ordinance, he would revise the findings. Police Chief Tighe O'Meara clarified people soliciting money by the exit ramps to 1-5 may not be subject to the ordinance since both exits were outside city limits and involved private property. Mr. Lohman further clarified the ordinance could distinguish written and oral requests for money and he could add terms on approaching vehicles. The second draft ordinance concerned obstructing sidewalks and passageways. The code already prohibited obstructing sidewalks and passageways with objects and dogs. There were problems with groups of people at entryways to public spaces and the businesses downtown. The ordinance had a five-minute limit for people obstructing a pedestrian passageway with the intent to interfere with free passage. This was a revision of the current AMC Chapter 10.64. It also included the five feet from the closest curb inward to the sidewalk provision to accommodate cars and parking. The ordinance would apply to corners as well using the five feet inward so people were able to cross at intersections. The five-minute rule was arbitrary and Council could change the time limit if they moved forward with the ordinance. It would impose some enforcement challenges. The current rule did not have a time limit for objects or dogs obstructing the passageway. This ordinance was more lenient in that respect. There had to be an indication there was intent to block the passageway. It was possible to change a specified time limit to a reasonable amount of time but it would be less easy to defend. Chief O'Meara. clarified a set quantifiable measurement was better than using a reasonable amount of time. Mr. Lohman added the individual would receive a warning first. Chief O'Meara further clarified an officer would give a warning after five minutes passed, educate and then use reasonable discretion on whether- a citation should be issued. Chief O'Meara addressed the definition of a law enforcement official and explained it included police officers, firefighters, cadets, community services officers (CSOs), and SOU Campus Public Safety officers. He was unsure if it applied to neighboring jurisdictions assisting Ashland law enforcement. Mr. Lohman would change the violation classification for this ordinance and revise the findings as well. If Council moved forward with the ordinance, they could decide to make it applicable to downtown only or include other areas if necessary. Chief O'Meara thought both ordinances were helpful. The Police Department received specific complaints regarding obstructing passageways and intrusive solicitation. However, the problems experienced downtown were not solved only with law enforcement. There needed to be a moralistic approach. The ordinances addressed specific problems the police department received many complaints about yearly. Tawasi/572 Clover Lane/Explained he was homeless living in Ashland. He quoted Matthew 25:40, Article 14 Section 2 of the City Charter and reminded Council their oath of office was binding and they each had a duty to the constitution. He read from other documents that outlined rights generally recognized as universal and thought Council was willingly violating these rights. Ashland needed moral City Councilors. City Council Business Meeting March 1, 2016 Page 6 of 8 He asked the viewers to displace these amoral councilors. He went on to read from the First Amendment, and the equal protection clause in the constitution. ACLU indicated in a letter Council purposefully and willingly violated constitutional rights. He read from Article 14 Section 2 of the City Charter and Article 19. Peter Lavoie/62 Westwood Street/Had concerns with the proposed ordinances. Addressing behavorial issues would disenfranchise and unfairly ostracize the homeless. He understood prohibiting solicitation at an ATM or sidewalk cafe but disagreed with prohibiting solicitation at a vehicle. It did not address behavorial issues downtown. He had issues with Section C(2) in the ordinance on obstructing passageways. It made more sense to let people have their things closer to the street and out of the way of the primary flow of traffic. He measured downtown sidewalks himself and found areas where the entire sidewalk was not even 5 or 6 feet wide. He suggested designating a passageway of 4-5 feet closer to the storefront. Once enacted the ordinance would apply to tourists, girl scouts selling cookies, and the homeless that have no other place to put their possessions when they rest on the sidewalk. The ordinances will cause the loss of the spirit of Ashland. Robert Heilbroner/2664 Anderson Creek, Talent/Noted how complicated the issue was and that caused a problem. He thought there was a mean spirited movement against the most vulnerable people in the community. This whole meeting was about a particular group of people that others have decided was a problem and required special laws. He also thought this was an attempt to make these people uncomfortable enough to go away. These laws were discriminatory. Everyone had the right to feel safe downtown. People did not have the right to be protected from feeling awkward, inconvenienced, or feeling bad when they see others in a certain condition. He thought the City should give everyone who came to town a 15 minutes tutorial explaining the distinctions. Robert MacMaster/2908 Voorhies Road/Medford OR/Explained he purposely made himself homeless for three weeks to understand the situation. There were warming centers in Ashland. He thanked Council for being compassionate, deliberating over specific laws that first warn and educate prior to issuing citations. There was nothing wrong with that. He saw the City as trying to take back the city from hordes of travelers and homeless people that come through town. There were meetings at the library discussing problems that had occurred. He had seen aggressive panhandling It was a difficult problem. Sandra Slattery/110 East Main Street/Expressed appreciation that Council was not only addressing the ordinances and issues of behavior and public misconduct, but the entire issue facing the community. It was not easy. She thanked Council for representing the citizenry and working to maintain and improve the quality of life for the residents, children, visitors, and employees, everyone who accessed the community. It was a huge responsibility. Mike Marshek/Ashland/Stated that he found it ironic that today he found an Ashland Rotary coin. He appreciated the four-way test or the things we think, say, or do. One, is it the truth. Two, is it fair to all concerned. Three, will it build goodwill and better friendships and four, will it be beneficial to all concerned. He thanked Council for taking on this project. Everyone wanted the situation resolved, for people to come together. Through his work at the Ashland Community Resource Center, he had come to know the people accessing the center better. They were wonderful people who wanted life to be better for themselves and for their community. He had seen old men carrying 100 pounds of gear from the Resource Center down to Pioneer Hall. It took some men four holurs to get there. He thought having lockers would help keep gear off the street. He addressed the car panhandling ordinance and questioned who should receive the ticket, the vehicle owner making the donation or the person asking for money. He thought the confrontations downtown often occurred due to overcrowding of the streets. Council requested further clarification regarding panhandling to vehicles, and possibly review the City of City Council Business Meeting March 1, 2016 Page 7 of 8 Medford's ordinances regarding the issue. Councilor Seffinger noted the City of Berkley had obstructing sidewalk ordinances and a place for travelers and the homeless to store their gear and suggested the Ashland Community Resource Center set up a similar system. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending Chapter 10/68.400 and 11.08 and replacing Chapters 11.24, 11.28,11.32, 11.34 and 11.36 with new Chapter 11.26 to update and unify parking regulations and to authorize City Council to establish presumptive parking violation fines by resolution". City Attorney Dave Lohman read aloud the following amendments to the ordinance: • WHEREAS number 5 - page 1 of 21 - added '*and the amount of enhanced penalties for multiple parking violations" • Section 1 1.08.010 - added (A) "Abandoned vehicle" means any vehicle that has been deserted or relinquished without claim of ownership. A vehicle shall be considered abandoned if it has remained in the same location for more than 72 hours and one or more of the following conditions exist: 1) the vehicle has an expired registration sticker or trip permit affixed to it; 2) the vehicle appears to be inoperative or disabled; or 3) the vehicle appears to be wrecked, partially dismantled or junked • Section 11.08.010 (E) - removed capital letter from "officially" • Section 11.080.0 10 (J) - added "means any person engaged in the business of renting or leasing motor vehicles to the public" • Section 11.26.0 10 -editing correction "ORS 221.285-287" • Section 11.26.020 (14) "This subsection shall not apply to" removed the provision creating an exemption for- small trucks and buses • Section 1 1.26.040 (1) - updated language "any provisions of Chapter 11.26" • Section 11.26.040 (2) - updated language "of any provision of Chapter 1 1.26" • Section 1 1.26.040 (3) - added "No person shall intentionally act in a manner that prevents, or attempts to prevent, aperson from officially performing lawful duties to enforce provisions under Chapter 11.26" and removing "or refuse to obey a lawful order of such official person enforcing provisions under AMC 11.26" • Section 11.26.050 (1) - clarified "or private property" was a state statute previously in the ordinance • Section 1 1.26.050 (2) - add "in accordance with ORS 819.11 0(l)(a), 819.110(2)-(5) and ORS 819.120 through ORS 819.280" • Section 11.26.080 - correction of spelling of "Taxis" and removed reference to taxi stands • Section 11.26.080 - added "or from parking in compliance with sections 11.26.020 - 11.20.030 of this chapter" • Section 1 1.26.110 (2) (a) - removed strikethroughs "When a registered owner of a motor vehicle" Mary Ruth Wooding/727 Park Street/Urged Council not to raise the parking fees. It was a direct hit on the citizens, tourists, students, and downtown employees. Coordinating the ordinance was fine. She had hoped a parking garage would have gone in by the post office or the place on Winburn Way now designated for a home. Ashland needed more parking. She thought Council should look into changing the zoning. Dave Hyde/616 Normal Avenue/He had read a couple articles in the newspaper- regarding parking that indicated the change would match other towns. That was not a good reason to change parking in Ashland. He questioned the reasons for- revising parking regulations. Ashland needed more parking. He thought the money from parking fines could provide more services to homeless and mentally ill homeless. Mayor Stromberg explained Jackson County would soon establish and staff a mental health clinic in Ashland with outreach workers. City Council Business Meeting March 1, 2016 Page 8 of 8 Councilor Voisin/Lemhouse m/s to approve Ordinances #3122 as amended and deleting Section 11.26.040(3). DISCUSSION: Councilor Voisin wanted to delete 11.26.040(3) due to an earlier conversation with Diamond Parking on the benefits of having the provision. Diamond Parking did not think it was helpful. They had an internal process that worked well. Councilor Marsh and Seffinger thanked Mr. Lohman for his efforts. Roll Call Vote: Councilor Lemhouse, Rosenthal, Marsh, Seffinger, Morris, and Voisin, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin noted the success of the free vaccine clinic held February 28, 2016 in the Methodist Church parking lot. A total of 15 dogs and 2 cats received vaccinations. Street Dog Project, Friends of the Animal Shelter Program, and Help Oregon Pets provided services. Councilor Voisin went on to report that Public Arts Commission Chair Margaret Garrington presented the Theatre Corridor Project to the Historic Commission recently. The Tree Commission announced ,'\rbor Day and Earth Day would occur April 23, 2016. On March 12, 2016 at 8:00 p.m., a musical benefit for Options for Homeless Residents in Ashland would happen at the Ashland Congregational United Church for Christ on Siskiyou Boulevard. Councilor Rosenthal announced the Climate Energy Action Plan ad hoc Committee would meet for their final meeting March 2, 2016 in the Siskiyou Room at 51 W1nbUrn Way. He congratulated the Southern Oregon University Women's Basketball Team for their 29 wins out of 30 games. Both women's and men's basketball teams were heading for the National Tournament. Councilor Lemhouse explained the Public Arts Commission met after the last Council meeting approving the welcome signs. They appreciated the comments they received and Council action. The International Women's Day event would occur Sunday March 6, 2016 at the United Church for Christ on Siskiyou Boulevard at 2:00 p.m. Ashland High School Basketball Team would host the first round of playoff games the March 2, 2016. He noted Ashland High School senior Stenley Graham's one-handed shot during a basketball game ended up on SportsCenter as the fourth Play of the Day. City Administrator Dave Kanner noted the City hired the graphic designer who made the Use Water Wisely signs to develop do not feed the deer signs. He presented a copy of the sign to Council and described where the City would post them. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:36 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor s~ i 3 n_~ r r, J ~C~I~S s~ ~ ,,~J r C s J < ° d u r u "-'i Cy'. ) CA P. t ' 1(N ~a J ~s V Cy ,i 'S ° ~Mll PROCLAMATION ~ r . i I I J. Sterling Morton proposed to the Nebraska Board of Agriculture in 1872 that a special day be set aside for the planting of trees.: V~11 ~~°d\C:. ~A This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska.L z' 1 Arbor Day is now observed throughout the nation and the world. Trees can reduce the erosion of topsoil by wind and water, reduce heating and - cooling costs, moderate the temperature, clean the air, produce oxygen, and provide a habitat for wildlife. 0 Trees increase property values, enhance the economic vitality of business areas, ,L beautify our community; and are a source of joy and spiritual renewal for many. Trees are a renewable resource giving us paper, wood, fuel, and countless other , 0ffC(5) wood products. Ashland has been recognized as a Tree City USA by the National Arbor Day ° Foundation for 31 years and desires to continue its tree planting ways. 10/ NOW THEREFORE; the Mayor, on behalf of the citizens of Ashland, hereby ~Ct y~~~4 l'~ / hl proclaims April 3 to 9, 2016 as ARBOR WEEK IN ASHLAND h~/ pll 5ry'- s« and urges all citizens to support efforts to care for our trees and woodlands and to support our City's community forestry program. I further urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future I,~ generations. t~~, 1 I' pl Dated this 15t" day of March, 2016 J 00 John Stromber Mayor Barbara Christensen City Recorder ~ ia ~0 K4 r Z CIl ~~Jj O d X71 ~ ~ fi`~ /r`-t~ ~ ~ `V~ ~ ~ flu F A DOS / ~ L~Il v Lt7>s f777Il 14 CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting Report to the Council on Crime in Ashland and Use of Force by the Ashland Police Department FROM: Tighe O'Meara, Chief of Police, ti(he.omeara i aashland.or.us SUMMARY In 2008 the Council directed the Police Chief to make an annual report to the Council on crime in the City of Ashland and use of force by the Police Department. In 2015, APD used force 15 times; a 55% decrease from 2014. BACKGROUND AND POLICY IMPLICATIONS: During 2015 the Police Department used force 15 times. This represents a 55% decrease from 2014. Six of these incidents involved the officer using some sort of strike against the suspect. There were no uses of the Taser conducted energy weapon in 2015. There were eight incidents in which arrestees reported injuries. Of the incidents in which a suspect did complain of injury none of the complaints were serious. Pepper spray was used once in 2015. Sixty percent of the use of force incidents involved drug or alcohol use. A total of four officers received minor injuries during these incidents. While all injuries were minor, please note that one injury was sustained when an officer was bitten by a suspect. During 2015 Ashland officers received a total of 379 hours of use of force training. Crime rate is based on the number of part one crimes occurring in a jurisdiction. Part one crimes are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They are homicide, rape, robbery, aggravated assault, burglary, auto theft and larceny. In 2015 the Police Department took 641 reports of part one crimes occurring in the City of Ashland. This is similar to the number of part one crimes in 2014, which was 629. Violent crime is defined as homicide, rape, robbery and aggravated assault. There were 20 violent crimes reported in Ashland in 2015, down from 25 in 2014. In 2015 the Police Department cleared 36% of all part one cases, and 90% of violent crime cases. The Enhanced Law Enforcement Area (ELEA) ordinance has been in effect since August of 2012. "The ELEA is roughly defined as downtown Ashland and has recently been modified to include the Bill Patton Garden. In this area we see a concentrated number of complaints and disorderly behavior as this is the focal gathering point for many members of the community. In 2015 there were 199 violations issued by members of the APD in the ELEA. While those citations represent many different people, they contributed to the expulsion of 10 people from the ELEA. For comparison, in 2014 there were 147 citations issued with 16 expulsions and in 2013 there were 132 citations and five expulsions. COUNCIL GOALS SUPPORTED: Page 1 of 2 11TALA&A CITY OF ,ASHLAND Administration and Governance Goal 47. Keep the Council informed of organizational activity and provide timely information for Council decision-making. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: None Page 2 of 2 11FALA&A ASHLAND AIRPORT COMMISSION _ February 2, f~ F MINUTES Members Present: David Wolske, Alan DeBoer, Bill Skillman, Lincoln Zeve, Susan Moen, William Butler, Sherm Lucas, Bob Skinner and Mike Morris Staff: Scott Fleury & Kaylea Kathol Members Absent: Alex Censor Guests: Doug Burman, George Schoen, Matt Rodgers and Tom Jenson 1. CALL TO ORDER: 9:31 AM 2. AGENDA ITEM ADDITIONS: JLC Parking-old business. Commission also expresses thanks to Council Seffinger for working with and attending Commission meetings over the previous year. 3. APPROVAL OF MINUTES: January 5, 2016 motion by Skillman for approval of minutes as written, 2" `l by Moen, minutes approved. 4. OLD BUSINESS: A. Airport Zoning: Staff informs Commission, planning staff is moving forward with approvals of updated code language. The Planning Commission previously reviewed proposed changes and agrees with the updates. Now planning staf will move forward with formal approval of code language which involves public hearings at the Planning Commission and City Council. Staff expects code to be adopted fully by the Council in April. B. FBO Lease: No change to status of agreement as Legal is working on other high priority issues. Commission asks staff if anything can be done to speed this along. Morris will contact Kanner and ask this issue be resolved. There are only two remaining unresolved issues, the living wage requirement and pollution insurance requirement. C. Webeams: The webcams were purchased by staff and delivered to Zeve for installation. Once they are installed a link will be setup on the City's page for direct access to the webcams. The webcams will need power as they will be installed outdoors. Skinner to contact electrician for running power to webcam locations and take credit on monthly bill for expenditures. D. Drones and Signage: Butler displays various entrance road signs for the group to H:\ShipletD\Council\Council Comm unication\2016\March 14 and 15\Minutes\February 2 2016 Airport Minutes.docx discuss. Butler states depending on material and size the signs run from about $300 to $425. Current sign is wood and Butler passes around samples of laminated aluminuin that a new sign would be constructed of. Group likes sign with large letters for "Ashland Municipal Airport" and a small City of Ashland logo. The sign will have to comply with the sign ordinance and be placed outside of a vision clearance triangle for the entrance road. Commission would like to see one side on each side of the entrance road with the ability for businesses to attach a small placard underneath main sign. Butler to work with staff on purchasing signs and locating them appropriately. E. JLC Parking: Commission discusses parked vehicle in front of JLC hangar and its encroachment into the prescribed 39' clear zone of a taxilane. Commission discusses possible sign or striping installations to show limits of clear zone. The concern is allowing one vehicle to still park in this specific location as it still tends to draw the attention of additional vehicles that due directly block the taxilane. Butler to review actual rules and regulations and bring back to Commission before deciding to proceed forward with a possible signage and striping project. 5. NEW BUSINESS: A. Airport Good Neighbor Items: Skinner informs Commission that activities have been fairly quiet lately. There has been a logging helicopter and associated rolling stock using tie-downs onsite. They are performing thinning work for the Ashland Forest Resiliency project. Skinner is charging them appropriate tie down fees. B. Council Liaison and Committee members: Staff informs Commission that George Shoen is on the agenda for tonight's Council meeting to be approved as a new member. Also Mike Morris is in attendance as the Council Liaison. New Council liaisons are appointed each January. Commission thanks Councilor Seffinger for her work with the Commission and attendance at meetings over the past year. C. New Year's Resolutions: Staff asks Commission if there is anything else to add to the list of items they believe require Commission and staff effort to complete this year. Commission believes work already outlined is enough, mainly development and completion of a new airport master plan. Skinner states it is important to put some thought into the process and the master plans development as this will be a planning document used for years to come by both staff and the Commission. Staff is waiting for legal and FAA approval of the selection documents before publicly advertising. Butler mentions his Council update from last year and one of the questions that came up was regarding disaster relief operations based out of the airport and how "resilient" was the airport. Butler said disaster planning can be dealt with in the master plan update. Matt Rodgers from Century West Engineering states that Oregon has created the Oregon Resiliency Plan and it is available for review. The plan includes discussion on aviation resources and operations after a natural disaster. Staff to forward a copy of the plan to H:\ShipletD\Council\Council Comm unication\2016\March 14 and 15\MinutesTebruary 2 2016 Airport Minutes.docx Commission. 6. FBO REPORT(S): A. Status of Airport, Financial Report, Review of Safety Reports: B. Maintenance Updates: The FBO roof replacement project is scheduled to start in March. Kaylea will be overseeing improvements. DEQ has approved the remediation for the stormwaterl200z zinc exceedance. Surveyors will be on site in March to perform topographic surveying work in order to develop a culvert design to send storm water runoff from the 30 end to the 12 end. The project must be complete by the end of 2017, but staff believes the work can be finished up this winter when operations are slow (reference attached map). This will eliminate the west outfall and all storm drainage will flow through the drainage ditch between the runway and return taxiway and enter Emigrant Creek at the north east end of the airport. The window leaks at the JLC hangar have been repaired. Staff was also informed the Parks Department is interested in removing the juniper bushes down the entrance road. Staff to follow up with Parks on this itern and update Commission on progress. 7. INFORMATIONAL ITEMS: A. Brown Bag: No attendance, Butler to make sine email invite gets sent around if he is unable to attend. B. Transportation Commission: No update. C. Medford Airport: No Update. D. Action Item List: 1. Airport Zoning/Riparian Restoration: No change. 2. Paving of dirt areas around the hangers: No change. 3. Entrance Sign Replacement/Animal Signs/ Highway 66 Sign: Reference D: under old business for update. a. Security and access signs (Skinner/Brim to review). 4. Hangar Enclosure Project (Staff to work with Skinner): Staff working with Mockeridge Engineering and believes the City's new low risk insurance contract could work in this instance. DeBoer mentions going out for a design build RFP and having the total project done at one time. The original intent was to have an approved design and let tenants perform improvements if they so choose to. In order to do a design build the airport fund would need an internal loan from another fund. This would have to be approved by the Finance Director. Staff to H:\ShipletD\Council\Council Comm unication\2016\March 14 and 15\Minutes\February 2 2016 Airport Minutes.docx see if it possible to do an interfund loan at this time and develop a design build proj ect. 5. Transportation to & from airport: No change. 6. Self Fueling Permit: Waiting on signed copy from Brim Aviation. 7. Fire Extinguisher Installation/ Hangar Numbering: Staff to contact Skinner and discuss installation by his staff. 8. Roof Action Plan: Roof scheduled for replacement in March. 9. ODA inspection improvements and Tie Down Chain Repairs: No Updates. 10. Security System Improvements: No Updates. 11. Web Cam Improvements: Zeve working with high school on improvements. New webcams purchased and at Airport. Skinner to hire electrical contractor to run service to new outdoor- camera locations and take monthly credit on bill. 12. Update Airport Narrative page and links: Staff/Commission to perform quarterly review of website and update as necessary. E. Airport Users Group: No Updates OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. NEXT MEETING DATE: January 5, 2016 beginning at 9:30 AM ADJOURN: Meeting adjourned at 10:48 AM Notes: After adjournment of regular meeting. A small group, Butler, Moen, Zeve, Burhman and staff discuss general outline for Airport Day 2016. May 21, 2016 is selected. Butler to speak with science works, skydivers and smoke jumpers museum about attendance. Sue will work on having kids stuff for attendees and also speak with Jackson County Sheriff about having rolling stock onsite. Staff will speak with Ashland Fire about rolling stock as well as have banner date changed and reserve time on Main St. Staff will also work with Parks to have the site mowed before airport day. Burhman to ask Rogue Valley Eagles if they would be willing to be onsite with model aircrafts and potentially fly drones inside the Sky Hangar. Butler believes another food truck onsite would be a benefit and will do more investigation. A new source for breakfast needs to be found as the previous year's pancake breakfast group has retired. H:\ShipletD\Council\Council Comm unication\2016\March 14 and 15\Minutes\February 2 2016 Airport Minutes.docx Minutes for the Climate and Energy Action Plan ad hoc Committee January 20, 2016 Page 1 ol'2 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, January 20, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Councilor Rich Rosenthal called the meeting to order at 2:02 p.m. Committee members Louise Shawkat, Greg Jones, Stuart Green, James McGinnis, Roxanne Beigel-Coryell, and Claudia Alick were present. Staff member Adam Hanks was present. Committee member Jim Hartman arrived late. Committee member Bryan Sohl was absent. 2. Approval of Minutes McGinnis/Jones m/s to approve the minutes of December 16, 2015, as presented. Voice Vote: All Ayes. Motion Passes. 3. Public Forum Huelz Gutchen - stated that carbons now are in the air. In order to keep those from not blowing up, we need to have a 6% reduction each year. If we wait until 2020 we would need to have a 15% per year reduction. He stated that each gas tank has the equivalent of/z gram of human flesh in it due to conflicts and death associated with gas production. If we were to pay equivalent insurance, it would equal $1000 per tank of gas. He stated he is running to be the Community Development Director and that we need additional staff to handle all the work. 4. Greenhouse Gas Inventory Reporting 101 Aaron Toneys from Good Company gave a presentation via phone and webpage on how greenhouse gas inventories are prepared, and specifically the work Good Company is doing for Ashland's inventories. He stated that over the last five months Good Company and Adam Hanks have worked on three inventories; one for the overall community, one for City of Ashland operations, and one for City of Ashland municipal electric utility. The only hold up in finishing the inventories right now is data from ODOT regarding transportation modeling. The final results should be finished on February 17, 2016. Committee rnember.Iim Hartman arrived 2:15 p. ill. Mr. Toneys gave information regarding how greenhouse gases are measured, and what ones they are focusing on in Ashland. He gave information about the differences in the three inventories, and where emissions data comes from in each inventory. Group asked if he included tracking or information on wood burning as part of the community inventory. Mr. Toneys stated that as there are no good data sources for tracking estimates of usage in the community, that is not part of the inventory. Mr. Toneys gave an overview of how ODOT typically comes by their transportation modeling, and how that will be used in the community inventory. The modeling used currently is the same Minutes for the Climate and Energy Action Plan ad hoc Committee January 20. 2016 Page 2 012 that was used for Eugene and Corvallis when they did their climate action plans. Group asked if the modeling reflected that Ashland is a tourist destination, which makes transportation here different than many communities of similar size. Mr. Toneys stated that there isn't any great source of data to reflect those differences, but is willing to adjust the data, should data sources be made available. Group asked why forestry and agricultural emissions were not included in the community inventory. Mr. Toreys stated that as the report is focused only on those things within the city limits and there isn't a significant enough amount of either activity within the City limits boundary to be statistically valid. Group thanked Mr. Toreys for his presentation. 5. Update on Climate and Energy Action Plan RFP Process Group welcomed Jim Hartman as the newest member. Hanks gave a recap of the RFP process. The notice of intent to award is currently being processed by our purchasing agent. Once it is posted there is a seven-day review period before any contract can be negotiated. The contract then needs to be approved by Council. He hopes approval can happen on February 2". 6. Review of Preliminary Climate Kick-off Report Marni Koopman from Geos was available to answer questions regarding the report submitted. McGinnis asked when the spreadsheet of conversation results would be made available. Koopman stated that it is available now, if the group wants to review the direct results. Geos didn't submit the spreadsheet as part of the report, as there were over 400 entries and they determined summaries of the conversations would be easier to use. She stated what she found most interesting was the fi-equent expressions of a desire for a greater sense of community and collaboration. Group thanked her for her time and thanked Geos Institute for their efforts. 7. Schedule and Agenda for Upcoming Meetings Group discussed the desire to hold evening meetings and requested that Hanks send a doodle poll for future evening meeting possibilities. The next meeting will be on February 3, 2016, time TBD, the main topic will be getting organized for the contractor to being their work. The February 17, 2016, meeting will focus on review of the greenhouse gas inventory report. 8. Adjournment Meeting adjourned at 3:31 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Minutes for the Climate and Energy Action Plan ad hoc Committee February 17.. 2016 Page 1 ol- 2 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, February 17, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Councilor Rich Rosenthal called the meeting to order at 2:02 pall. Committee members Louise Shawkat, Stuart Green, James McGinnis, Bryan Sohl were present. Committee member Roxanne Beigel-Coryell and Greg Jones arrived late. Staff member Adam Hanks was present. Committee members Claudia Alick and Jim Hartman were absent. 2. Public Forum Alan Greene - Is a member of SOCAN and wanted to congratulate the group on being leaders in Southern Oregon in addressing climate change. SOCAN has been working with councilors from other cities to move their cities in the same direction. I le worked previously with Good Company and believes this Greenhouse Gas Inventory will be well done. Commillee ineinber Beigel-Coryell arrived 2:05 p.m. 3. Ashland's Greenhouse Gas Inventory Hanks stated that the document included in the packet is the final draft, the final document has a few minor changes and will be posted on-line soon. He introduced Aaron Toneys from Good Company. Mr. Toneys reviewed why he is here today, what his presentation will cover and what areas the inventory will cover. They did three inventories: overall community, Ashland city government, and Ashland city-owned utility (see attached slide show). Overall, there has been a decrease in greenhouse gases in the community, this is likely due to the warmer winters we've had, leading to a decrease in energy used to heat homes. He reminded the group that the per-family consumption graph is only an average, and that different families/homes have differing usage numbers. Mr Toneys stated that compared to other cities in Southern Oregon, Ashland's government emmissions are very similar. The largest emissions source is always related to construction and that this is also the most variable, as it is budget-finding based. Mr. Toneys stated that in regard to the City Utility emmissions, the fact that we use BPA electricity means that our overall impact is less than communities who use other sources. He stated that the environmental benefit of using BPA, however, isn't owned by the community, rather that it is spread throughout the entire electric grid and does not account for the concequences/benefits of lowering electricity use (the less we use, the more "clean" power available to other communities). As it would be difficult to find a better option, the committee would be better off focLrsing on efficiency and reduction in use, rather than in changing the source. Minutes Im the Climate and Energy Action flan ad hoc Committee February 17, 2016 Page 2 of 2 Group discussed concerns with the traffic/travel en-missions numbers, in that they have to be modeled by ODOT, rather based on real data. Group discussed ways to better obtain data including permanently installed traffic counters or a small local gas tax to capture gallons of gas purchased locally. Mr. Toneys stated that, even though the data is based on modeling, ODOT is well ahead of the curve for accuracy in the country. Commillee member Jones arrived 2:50 p. in. Group discussed concerns with how large commercial marijuana grows may effect the amount of emissions in fiiture years. Mr. Toneys stated that large producers would be good targets for efficiency improvements - it's a new businesssector and each community in Oregon needs to address the issue based on need, volume, and preferred method of reducing energy consumption. Group thanked Mr. Toneys for his presentation and time creating the inventory. 4. Update on Climate and Energy Action Plan RFP Process Rosenthal stated that the City Council approved the award of contract with Cascadia Consulting Group at last night's meeting. He thanked the members of the evaluation panel for their time and effort in choosing Cascadia as the consultant. Hanks stated that he is currently getting all necessary background information to Cascadia so they can propose a timeline and work plan at an upcoming committee meeting. He reminded the group that a large portion of Cascadia's work will involve the public engagement process and the committee needs to be very clear on what they need and expect of that process. Group discussed how the contract will be managed. Hanks stated that contract management is his role as staff, and the group needs to focus on creating a good plan and engaging the public. He stated he can give budget updates if the group feels this is necessary. Beigel-Coryell stated that worrying about budget issues is not how she wants to spend her or the group's time. 5. Schedule and Agenda for Upcoming Meetings Group discussed potential fixture meeting dates. They agreed to hold their March 2" d meeting, at 3:30 p.m. in order to prepare for the first meeting with Cascadia Consulting Group. Hanks will work with Cascadia to determine if March 16 or 17, preferably in the evening, works for the next meeting. Hanks reminded the group that it would be preferable if the group held their work meetings at consistent times. The public input portion of the process will likely have meeting scattered throughout days of the week and times of day, to reach the widest portion of the community possible. 6. Adjournment Meeting adjourned at 3:27 p.m. Respectfully submitted, Diana Shiplet, Executive Assistant VJ 0 a 4-0 4 w Lr) U Cv N <C E CD tom., ~E LLl o O LL Al-a p - r4m s o a co U) (D a~ CL 0 0 0 0 0 w Q 1 V! N Q o --0 - a, Q aD _ 4 (n c v U) C: Q ` 4-j cu E (n (n o o U • C E CY) U w . 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L v ASHLAND HISTORIC COMMISSION Meeting Minutes February 3, 2016 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER: Commission Chair, Mr. Skibby called the meeting to order at 6:00pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Mr. Skibb Carol Voisin Ms. Renwick Mr. Whitford Staff Present: Mr. Lad o Mark Schexna der; Staff Liaison Mr. Swink Regan Tra ; Secretary Mr. Emery Mr. Giordano Commissioners Absent: Mr. Shostrom E Ms. Kencairn E APPROVAL OF MINUTES: Mr. Ladygo motioned to approve minutes from December 2, 2015. Mr. Whitford seconded. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. Mr. Skibby closed the public forum. COUNCIL LIAISON REPORT: Ms. Voisin gave the Council Liaison report. DISCUSSION ITEMS: Southern Oregon History Show presentation - Maureen Flanagan Battistella Public Arts Commission presentation - Theater Corridor Project Southern Oregon History Show: Ms. Battistella spoke about The Southern Oregon History Show. Ms. Battistella announced that the Southern Oregon History Show is a weekly community access television show that is broadcast locally and also webcast and archived to the internet archives at Southern Oregon University. She went on to say that the show can be viewed on RVTV on Thursdays at 5PM. She briefly described the show and who they would be interviewing. Ms, Battistella presented the Commission with informational flyers regarding the specific episodes that are to be aired. Public Arts Commission, Theater Corridor Project: Ms. Margaret Garrington chair of the Public Arts Commission addressed the Commission regarding the Theater Corridor Project. Ms. Garrington explained that the location of the project is on the paved pathway that goes from Main Street, between Earthly Goods and Starbucks, and back to Thomas Theater. She went on to say that the Public Arts Commission is requesting information to include in the draft RFQ before the call to artists is released. Ms. Garrington gave a brief history on the project and summarized what the Beautification Committee has requested for it, including lighting and that no artwork is to be attached to the sides of the buildings (walkway only). Ms. Garrington requested the Historic Commission provide the Public Arts Commission with historic information about the site and general area if anything is available. She believes this will help educate artists regarding the area and give them a context or starting point to base their artwork. Ms. Garrington spoke about what qualifications they are looking for from artists for the project. She explained that the Public Arts Commission is asking that the Historic Commission respond with what they feel are important considerations for the installation of public art in the Theater Corridor. Ms. Voisin conveyed the importance of the Historic Commission giving the Public Arts Commission some recommendations so that they may move forward in a timely manner. It was requested by the Historic Commission that the Public Arts Commission come back and present this project once the artist is selected. Ms. Renwick emphasized the fact that the Historic Commission, email Ms. Garrington their ideas and concerns in writing as soon as possible. The Commission will email their ideas to Mr. Skibby by February 12, 2016 and staff will compile the responses for Ms. Garrington. Mr. Skibby read aloud the procedure for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-02203 SUBJECT PROPERTY: 868 A Street OWNERIAPPLICANT: Linda McMilleman & Steve Saturen/ Mark Lackey DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AA; TAX LOTS: 6800. Mr. Skibby, Ms. Renwick and Mr. Emory all stated that they had ex-parte contact with Mr. Lackey during a review board session. They discussed scale, massing, lowering plate height, and other options for this project. Mr. Emory went on to say that he did give Mr. Lackey a few drafting (tutoring) sessions before this project was underway but no money exchanged hands. Mr. Schexnayder gave the staff report on PA-2015-02203. Mr. Schexnayder conveyed that staff has concerns with height, setbacks, scale and massing of the building, and parking. Mr. Skibby opened the public hearing to the applicants. Ms. Amy Gunter from Rogue Planning and Development Services and Mr. Mark Lackey from Integrity Building, addressed the Commission regarding PA-2015-02203. Ms. Gunter went into detail regarding the changes that have been made to the project since December's meeting. Reduced plate height and roof pitch, addition of belly bands, new windows, and rhythm of openings are among some of the changes that have been made to this project so it can more conform to the Historic design standards in the area. Mr. Lackey briefly outlined the changes in design and feels that he has done everything the Commission has asked, while still addressing the neighbors issues regarding the view. Mr. Skibby closed the hearing to the applicants and opened to public for comments. Mr. Robert Monroe, owner of Cabinet Works at 864 A Street, addressed the Commission. Mr. Monroe stated his opposition of the project because of scale, massing, height, setbacks, and off street parking. Ms. Stacy McCullough, of 267 Eighth Street, addressed the Commission. Ms. McCullough stated her opposition of the project because of obstructed views, blocked sunlight, and parking. Ms. Harriet Saturen, owner and applicant of 868 A' Street project, addressed the Commission. Ms. Saturen spoke about the history of the property and how they came about in purchasing and went on to say that she feels that they have done everything they can to make this a positive impact on the alley and the street. She stressed that they will have less need for parking since their business is run online and they will have no need for the extra spots. Ms. Linda McMilliman of 256 Sixth Street, owner and applicant of 868 A' Street, addressed the Commission. She gave a brief history on how she came to the Ashland area and how the property was acquired. She loves the neighborhood and feels the project will only add to the historic feel of the neighborhood. Mr. Alan Adelman of 886 A' Street addressed the Commission. Mr. Adelman stated his opposition of the project because the height of the structure will be intrusive to his privacy. Mr. Adelman has other concerns regarding solar as well and said that he could not support this application even though the owners have made significant changes. Mr. Steve Saturen, owner and applicant of 868 A' Street addressed the Commission. He stated that they are not violating any ordinance and the options that they have presented are less obtrusive to neighbors. Mr. Saturen would like the Historic Commission to approve this project as they have proposed it. Ms. Gunter addressed the Commission during her rebuttal time. She reiterated what the land use code says regarding non-conforming structures, and answered concerns regarding seismic upgrades, parking, solar access, scale and massing. Mr. Schexnayder reminded the Historic Commission that their recommendation will go to the Planning Commission for a final decision next Tuesday February 9, 2016. He went on to say that a 50% on street parking credit may be granted by the Planning Commission if they choose to do so. Ms. Gunter stated that she was confused because she had thought that the parking situation was already in place. Mr. Schexnayder stated that staff requested documentation showing that a third parking space had been added off the alley and received nothing from the applicants as of yet. Only 2 parking spaces have been approved at this point. Mr. Schexnayder added that the applicant is still required to provide 2 parking spaces somewhere on site and appeal to the Planning Commission in order to do so. Mr. Skibby closed the public hearing and opened to the Commission for discussion. The Historic Commission unanimously recommends approving the application as submitted. The Historic Commission believes that the applicants have made changes to architectural details of the structure that make the building more historically accurate. In addition, the height, bulk, and scale of the structure is appropriate for the historic district. Mr. Whitford motioned to approve PA-2015-02203 as presented. Mr. Swink seconded. No one opposed. PLANNING ACTION: PA-2016-00073 SUBJECT PROPERTY: 151 North Pioneer Street APPLICANTS: Elizabeth York OWNERS: Elizabeth York DESCRIPTION: A request for Site Design Review approval to reconstruct a one-story commercial structure, consisting of an art gallery and studio for the property located at 151 North Pioneer Street. The property is located in the Railroad Addition Historic District and Detail Site Review overlay. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 091313; TAX LOT: #12700 There was no conflict of interest or ex parte contact. Mr. Schexnayder gave the staff report on PA-2016-00073 Mr. Skibby opened the public hearing to the applicants. Mr. Carlos Delgado, Architect, at 217 Fourth Street addressed the Commission regarding PA-2015-00073. Mr. Delgado stated that he was confused regarding the process and approval of this project and that he had discussed this with the review board at a prior meeting. Mr. Delgado discussed changing an option on the facade that wasn't previously in the plans and spent some time detailing what materials the applicant would like to use for it. There was much discussion from the Commission on types of materials that would be appropriate for this project. Mr. Skibby closed the hearing to the applicants and opened to the Commission for discussion. The Historic Commission recommends approving the application as submitted Mr. Giordano motioned to approve PA-2016-00073 as presented. Mr. Swink seconded. No one opposed. NEW ITEMS: Review board schedule. Project assignments for planning actions. Historic Preservation Week - Nominations and Schedule of Events. (May 16 - 20) A schedule of events for Historic Preservation week was discussed by the Commission. The Commissioners decided on the list of events below: • Awards ceremony to take place at 12 noon on Friday May 20, 2016. • A self- guided tour of the Mausoleum to take place on Wednesday May 18, 2016. • A Walking tour of the Downtown District sponsored by the Ashland Heritage Commission on Tuesday May 17, 2016 at 2 pm, not to exceed 1 '/2 hours. OLD BUSINESS: Mr. Schexnayder gave an update on the Historic Marker's project. He went on to say that there is $11,000 allocated for this project but they are still looking for matching funds. This project is itemized under the Downtown Beautification project. Ms. Renwick announced her resignation and conveyed that she needs another Commissioner to take over the Historic Marker's project. Mr. Skibby stated that he needs Ms. Renwick to turn in all the documentation regarding this project to the Staff Liaison. COMMISSION ITEMS NOT ON AGENDA: • The Commissioners discussed information regarding the private appointments being scheduled with the Mayor. • The Commissioners discussed the removal of the wig-wag (raiIroad crossing). Mr. Schexnayder stated that pending insurance approval, the wig-wag will be going to the Railroad Park in Medford. Review Board Schedule February 11th Terry, ff, Bill__ February 181h Terry, Tom, Andrew February 251h Ter ,Sam, Dale March 3rd Terry, eith, Bill Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford _ BD-2013-0081_3 _ 374 Hargadine Swink PA-2013-01828 310 Oak St. (Thompson) - Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave Kencairn PA -2015-00374 160 Lithia Way Emery _PA-2015-00878 35 S. Pioneer _ Ladygo PA-2015-00980 637 B' Street Shostrom PA-2015-01115 _ 34 S. Pioneer Ladygo PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01512 _ 198 Hillcrest _ Swink PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C Renwick PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00073 151 Pioneer Swink ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled March 2, 2016 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:30 pm Respectfully submitted by Regan Trapp CITY OF ASHLAND Ashland Housing and Human Services Commission Minutes January 28, 2016 CALL TO ORDER Chair Josh Boettiger called the meeting to order at 4:30 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison Joshua Boetti er Pam Marsh, arrived at 5:15 Rich Rohde Heidi Parker SOU Liaison Sue Crader Megan Mercier Tom Gunderson Coriann Matthews arrived at 4:45 Staff Present: Linda Reid, Housing Specialist Commissioners Absent: Carolyn Schwendener, Administrative Assistant Tom Buechele Gina DuQuenne APPROVAL OF MINUTES Crader/Rhode m/s to approve the minutes of the November 19, 2015 Housing and Human Services Commission meeting with two corrections. Voice Vote: All ayes, minutes were approved with corrections. PUBLIC FORUM Brandon Goldman, 827 Leonard Street Ashland, introduced himself. Although Mr. Goldman works for the Community Development Department he was speaking as a citizen of Ashland. One of the 2016 Housing and Human Services Commission goals was the potential of doing resource bucks. Excited about this idea Mr. Goldman did research and found a similar program has been run in the City of Portland with a group called GivenTokens.org, Sanctity of Hope. The idea is that Ashland would develop an alternative form of currency which would be given to a homeless person for basic needs with no worry that the donation would be spent on alcohol or drugs. Coins would be purchased from sponsoring non-profits such as the Chamber of Commerce, local hotels and Oregon Shakespeare. An example is; if the coins had a value of $1.00 individuals could purchase them for $1.25 a piece knowing that twenty percent of that purchase would go towards a shelter fund, a downtown streets program or whatever program was identified for the use of the money. The coins could be redeemed at local participating businesses. In order to make this program work it would require buy in from participating businesses as well as bed and breakfasts and hotels to help inform tourist and residences about the program. If any work is done by this Commission in regards to this program Mr. Goldman would like to volunteer his efforts to help. See exhibit A The Commissioners were very excited about this program. Daniel Murphy, 19 Granite Street Ashland, introduced himself. Mr. Murphy presented an idea that he is calling "Ashland Connects" connecting with people and connecting those people with resources. The idea is that trained volunteers on the street would engage visitors in order to connect them to resources they might need. Mr. Murphy acknowledged that Ashland is a welcoming, inclusive and a hospitable Community. Mr. Murphy stated that people of all socioeconomic strata and circumstances appreciate respect based encounters and support. This encounter would contribute to a sense of belonging and connectedness and improve relationships with people on the streets in order to be part of an overall strategy to address the humanitarian and behavioral aspects of people on the streets. Mr. Murphy said in order to make this program work we would need to recruit, train, deploy, debrief and support. Mr. Murphy would be willing to volunteer his time if this program goes forward. See exhibit B The Commissioners were very enthusiastic about this program as well. Students from the Siskiyou newspaper at Southern Oregon University were present for the discussion on Student Fair Housing review and recommendations. Amy Stewart introduced herself mentioning she might be interested in the vacancy on this Commission. STUDENT FAIR HOUSING REVIEW AND RECOMMENDATIONS SOU liaison Megan Mercier gave an overview of the student's recommendations regarding the Student and Fair Housing Ordinance. Their group determined it would be more beneficial to do an overall review of the ordinance rather than just what was best for students. Because "What is best for the entire Community is also best for students," stated Mercier. The recommendations included every class that isn't currently protected in Ashland but is protected in other communities throughout Oregon. The group also recommended clarifying the language in the existing municipal code surrounding "Source of Income" to include student aid. Mercier commented they were directed from Council to do a survey with the students. That survey was done and the results were previously given to the Commission but Mercier can provide them again if necessary. Mercier acknowledged they attempted to do a survey with property management companies but was not successful. The Council asked the group to think about unintended consequences to any of the suggested code changes. Mercier determined two unintended consequences might be; more stimulation to the economy and better maintained units. Reid announced that the Commission is on the Council look ahead for the March 14, 2016 Study Session. The Commissioners discussed changes they wanted made to the ordinance and Reid will draft a memo and bring to next month's meeting. It was suggested that the memo be sent to Louise Dix for her review and possible support of the ordinance. The draft will go to the City Attorney for review, comments and changes before it goes to Council. Mercier stated SOU had a Fair Housing Kick off meeting this last week in order to learn more about students who have recently experienced student discrimination. Mercier has put together a power point training on Oregon tenant laws. It was suggested that she put her presentation on the web so the Commissioners could watch it. STRATEGIC PLAN PRIORITY REVIEW AND NEXT STEPS The Commissioners reviewed their 2016 goals from their December 15, 2015 retreat. The Commission needs to schedule a time to go before the City Council in order to discuss the Housing Trust Fund permanent funding source. Rohde stated he has not received the numbers from Finance Director Lee Tuneberg for the food and beverage tax. Before the Commissioners can re-review the document of City funding it needs to include this tax though Mr. Tuneberg commented it will be hard to utilize any of that money. Council liaison Marsh agreed it's going to be difficult to find a permanent source of income with the current budget as that money is already spoken for. Marsh reminded the Commissioners that the use of the food and beverage tax has already been determined by the voters and though it could be changed without another vote she doesn't anticipate that happening. (Four percent goes to pay off the sewer treatment plan and one percent goes to the purchase or maintenance of open space) The Commission discussed the idea of possibly using the new proposed marijuana tax. Marsh suggested that the Commission present a strong strategic plan to the Council explaining the need for the use of those funds. The proposal of a marijuana tax first has to be put on the ballet in November before it will be implemented. Crader volunteered to work with Rohde on the Housing Trust Fund after March 1, 2016 when she will have more available time. Crader reported that the donation boxes downtown have been vandalized and the program itself has not been successful. There have been a lot of frustration from the downtown businesses and it was suggested to have an alternative money source in order to provide resources for the homeless to help reduce the pan handling. Marsh acknowledged there are other groups in our community that are interested in helping reduce the homelessness in Ashland, i.e.; Lodging Association, Chamber of Commerce and Downtown Streets. Marsh suggested that the groups come together to share their ideas. She will pursue that. Marsh stated that it's important for the Community to see people on the streets trying to improve their situation. The Community will get behind a hand up rather than a hand out, stated Marsh. SOCIAL SERVICE GRANT PROCESS EVALUATION FORM REVIEW The Commissioners discussed the social service grant process evaluation form and what changes they would like to see. It was the decision of the commission that to change the form midterm would not be appropriate. Changing the grant application for the next process would be more appropriate giving the applicant's time to prepare. The question was proposed "What is the valuable information for us to know from these evaluations?" It was encouraged to share this information in a report to the City Council. How are we meeting the needs of the community? Reid will put together a letter explaining that the City will now be requiring a mid-cycle report from the recipients. She will bring it back to next month's meeting. DISCUSSION ABOUT RENTAL HOUSING SITUATION Rohde reported that rental rates in Ashland are at crisis proportion. Rohde would like to address this problem by proposing that the Housing and Human Services Commission be a sponsor or co-sponsor of an affordable housing forum sometime in mid-March. The Council has already sent a letter in support of inclusionary zoning to Salem. See exhibit C. Suggested holding a meeting at the Gresham room at the Library, the Community Development building or a local Church. Rohde stated the Commission would invite the public as well as City Council to discuss what they see as issues surrounding rentals and affordable housing in Ashland. Reid commented that before the Commission could sponsor an event they would need to get direction from the City Council. Reid will check and see what the process might be to make this happen. LIAISON REPORTS Council Report - Marsh reported that on Tuesday's agenda the Council will be looking at putting a marijuana tax on the ballot. It does not appear that there would be designated expenditures for the money. The Council has been discussing topics such as public art, parking, and plastic bag bans. There will be a discussion of the downtown behavior problems at the Monday night Study Session. The Community concern is regarding behavior issues rather than homeless issues. SOU - Megan has put together a training on Oregon tenant law and renter's rights and responsibilities. She is hoping to provide education with the presentation to students. Staff - Reid said that this week was the point in time homeless count. Results won't be available for a while but when they are Reid will share locally. This year the Community Connect homeless outreach event will take place at the Jackson County Expo because the Medford Armory is undergoing renovations. The location at the expo could create a transportation issue but members of the planning committee are working on solutions. Quorum Check: Next Housing Commission Meeting - 4:30-6:30 PM; February 25, 2016 4:30-6:30 in the Siskiyou Room at the Community Development & Engineering Department located at 51 Winburn Way. Adjournment The meeting was adjourned at 6:35 p.m. respectfully submitted by Carolyn Schwendener CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting Recology Solid Waste Franchise - 2016 CPI Rate Resolution FROM: Adam Ilanks, Management Analyst, adarn a,ashland.or.us SUMMARY Recology Ashland, consistent with the 2013 solid waste franchise agreement, is requesting a consumer price index (CPI) based rate increase for solid waste collection service fees. Coupled with this annual process, Recology has identified and proposed several small rate and process adjustments for Council's consideration and approval. BACKGROUND AND POLICY IMPLICATIONS: CPI Rate Adjustment A component of the 2013 Solid Waste franchise agreement with Recology Ashland was a rate adjustment methodology intended to provide the Franchisee an annual operating margin range of between eight and twelve percent. Under the franchise agreement, Recology is entitled to an annual rate increase equal to the Consumer Price Index Portland-Salem index. This is intended to maintain the operating margin without having to do a comprehensive rate review every year. Recology has provided documentation (attached) that the operating margin for the most recently completed rated year fell below 8% and that the projected 2016- 17 rate year operating margin will fall below the 8% range. However, rather than requesting a full rate review, or Recology proposes to simply accept the CPI-U increase of 1.2%, which returns the projected operating margin to 8.1%. Additional Rate/Process Adjustments Recology has identified and proposed several adjustments that improve collections efficiencies, reduce rate subsidies and standardize operations. Proposed adjustments include the following: 1. Residential second cart service rates - The current rate for a second 32 gallon cart (standard residential cart size) is the same rate as the initial cart, which is less than the rate for a 64 gallon cart. Collection service costs are less for a 64 gallon cart than two 32 gallon carts. Recology proposes to increase the rate for a second 32 gallon cart to eliminate the inadvertent incentive to have two 32 gallon carts rather than one 64 gallon cart. 2. "Bear-proof" carts - Bear-proof carts have been successful tools in mitigating the frequency of bears and other wildlife gaining access to household trash that has been placed out for weekly collection. Because of the substantially higher cost for these specialized carts, customers requesting the carts have been charged the wholesale cost of the cart, either up front Page 1 of 2 LITAWA CITY OF ASHLAND or in monthly installments. Revenue loss occurs when these customers move prior to the cart payments being completed, as well as when damage occurs to a bear cart and the customer expects free bear cart replacement. To rectify this situation, Recology proposes the creation of a bear cart customer rate in which the added cost of the specialized cart and the added collection costs are built into the rate, resulting in a rate increase of $4.90 per month, but eliminating the initial two year cart purchase cost of $7.53 per month. 3. Conversion of sticker program to on-call program - With the successful launch of fully automated collections, Recology has identified a shortcoming in the structure of the popular sticker program. Currently, customers purchase a set of stickers from the Recology office to use at their discretion when they are ready for their cart to be set out for collection. Recology drivers must exit the truck, remove the sticker- (if it hasn't blown oft) and service the cart. Recology proposes to maintain the program with the same fees, but to modify how Recology is notified of the customer collection request. Rather than a physical sticker, customers merely call in and request their cart be collected as an "on-call" collection for the upcoming collection route. This creates a work order in the system, charges the fee on their account, notifies the driver of the authorized collection and allows the cart to be collected efficiently using the automated process. 4. Cart re-delivery fee - As part of standard customer service, Recology receives requests for cart change outs, either for repair, cleaning or changing sizes of the cart. Recology is proposing the creation of a rate to allow the assessment of a $20 fee for multiple cart replacements to the same customer within a one year period. FISCAL IMPLICATIONS: Recology estimates that the CPI adjustment will result in a monthly solid waste and recycling bill increase of approximately $0.22 (22 cents) for the typical residential customer. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the CPI rate adjustment as proposed and supports the proposed adjustments to existing programs and services as described. SUGGESTED MOTION: I move to approve the solid waste rate adjustment resolution titled, "A resolution modifying solid waste franchise rates and fees" with noted amendments for an increased 32 gallon second trash cart rate, the creation of a bear cart rate and a cart re-delivery fee. ATTACHMENTS: 2016 Solid Waste Rate Adjustment Draft Resolution Recology Rate Adjustment Request Packet - February 15, 2016 LINKS: 2015 Solid Waste Rate Adjustment Materials Page 2 ol'2 I ` RESOLUTION NO. 12016- A RESOLUTION MODIFYING SOLID WASTE FRANCHISE RATES AND FEES RECITALS: A. The Solid Waste and Collections franchise agreement adopted by City Council as Ordinance 3090 and associated Administrative Operations Standards and Rules most recently adopted by Resolution 2014-23 provide a methodology for annual service rates adjustments. B. The City concurs with the documentation provided by Recology Ashland (Franchisee) that the rate increase provision of the ordinance and resolution dictates the approval of a service rate increase of 1.2% based on the franchise established Consumer Price Index - All Urban Consumers (Portland-Salem) THE. CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective April 1, 2016, Resolution 2015-06 is repealed in its entirety. SECTION 2. Effective April 1, 2016, solid waste and collection service rates increase by 1.2% as detailed in the attached service rate table. This resolution was duly PASSED and ADOPTED this day of , 2016, and takes effect upon signing by the Mayor. 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This request is based on the most recent Consumer Price Index--All Urban Consumers-Ali Items- Portland-Salem (CPI-U). A copy of the most recent report, along with our accompanying financial statement and projections for 2016, is enclosed with this letter. j l The proposed CPI increase would become effective April 1, 2016. This rate increase amounts to an I increase of $.22 (22 cents) per month for the typical residential customer. Please let us know if you have any questions. f Sincerely, Gary Blake, denerai Manager Recology Ashland Inc. k Encl. 1 i Cc: Tom Norris, Derek Ruckman, Adam Hanks I i i n { N 1 O I N (N 0) 0) O O N to N LO C' N h N 0) O V O Ln O 01 ri c:) CV z a M i, m O c--1 (D N co O O 0) h M M N Ln 'IT h N m m W o0 W -i N N M 1l a d' d' N Ln W m Cl h (v I I-f lD N O 1 l I lr clG h c-I M U1 cl C W- 00 m N O1 N C N c0 Ql lD CO oo U y h N h h 00 0) h CO 00 O 0) c-i m ~T O N h 00 00 LO r♦ N M 0) Ln O h m .O h (14 U) C) M r-I m m N Ln co r, (N H Ln ri V M oo N a) o p CLi a: N M m c-1 m h Gl N 'T r-4 m N O h c-1 M c-L O N O O m r1 o m m Q N -o -o 0 O O O N lD ei Ln W h c-i Ln m d' O N N m h m N In O v :n v c-f N LD iD N N M Ln 1; h Cl al c-1 N c-i 'Zl- V' O V m w} Ln N m h N ID h N N N N O Ol O Cf1 m N Ln n N u c Ul 0) 0 a' -i Ln co m m m h Ln o h Ct cn Ln q ti c-1 o V m m O~r M o a o m N _ o Ln m Ln m m m m c14 c-1 lO 1-1 O N W V c-i f'4 h V m r.,4 c-1 lfl Ot m M M c-i r1' rp 01 N r 1i Ln N O lD N M LD Ili W Ol c W N r-I O V 01 il M Cl c-1 ocN C i] eZ c-I h M W m O w w O N O eP O N i~ O W 01 m c-i N m m O 1-1 W I i O Ol Ln ci c-i Ql M N to w h m 1-1 c-1 c-i lD c-1 d' M co cH m d' O to LD M Ql c-i c-i c-1 c-i d' N G Lv m M .-1 M j L C N o O C u ~ 7 7 ~ 7 7 7 7 7 7 ° O O O O O O O O O 1~• - _ z z z z z z z z z Lv v n VI VI N 1-+ N O N L r•+ v a.~ 6) a-+ N Ql N N O 4+ N U) QJ N N Y N +-i a7, -O ~ 7 L~ S 7 yam, 3 O L 7 L 7 L S S L L O L S L S S ~ S o c rn O} O¢ a O O 2 O O O O O 0 0 0 0 0 z O C - U io W Ln O m O Ln m i` V r-I m w N Ln h m O O l0 O m n oo c,4 V M O O Ln O LD h s u l~O _ h N O M W Ln d' h m o h Ln O m N N N M W W of a' w c--1 Ql W h d' Ln U W W h to V' M O O Ln O ri r` rn M 00 N W tO m Cl 00 M Ln DO 0) Ln lD O Q N 7 u d h 00 h h 01 O c-1 O lf.~ Cl N tD Ln M c-1 lD s--i h O LO c-1 LD m Ln m lD N O Q N U) c-i W N N N 'd' f- LA 01 0O ci ci 1-1 11 N Ol cl lO Ln Q c-i lD h It 'O O .-i h c-1 (N N 11 N N lD V j U m ~j y N Lri Ln .-i .-i vv IIII c c3 ,-=1 o 00 in 1-1 0) E ~ Ln Ln N M 'A c-i O N rp O N F- a) 03 ~l Ln cj E O Q) N 7 C L1 ! 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O O O c- - c- Q GF CTS 6J tar 6r to CT [p O CP 0 0 0 O O O O Q 0 C) O O O O O G - r N N N N N N NN N N N N N N N CV logy Dave Kanner, City Administrator City of Ashland 20 East Main Street Ashland, OR 97520 February 27, 2015 Dear Mr. Kanner: With a desire to ever improve garbage and recycling collection in Ashland and deliver increasing value to our customers, we're always on the lookout for ways to make improvements and ensure that we deliver the desired service at the best possible rate. I've observed a few items since joining Recology Ashland that I believe are worthy for consideration by Counsel members. The suggestions below are geared to ensure an equitable rate is charged to all and we are operating efficiently and charging a rational rate. For your consideration- 1 . A 64 gallon cart is more than twice as much as two 32 gallon carts. This pricing has led some customers to insist that we deliver to them and service two 32g carts instead of a single 64g cart, because they can save a little on their bill. The issue with that outcome is that Recology's cost to provide and service the two carts is greater than the cost to provide and service a single cart:: Residential Cost for 32g cart $ 18.92 Additional 32 g cart 18.92 Total cost for two carts $ 37.84 Residential Cost for 64g cart 39.49 $ 39.49 Customer saves for utilizing two carts $ 1.65 We propose to create a price for additional carts of $21.57 that reflects the additional cost to provide and service the additional carts: Residential Cost for 32g cart $ 18.92 Additional 32 g cart 21.57 Total cost for two carts $ 40.49 Residential Cost for 64g cart 39.49 $ 39.49 Cost to customer to use 2-32g rather than a 64g $ 1.00 2. Bear Carts - we purchase bear carts from the manufacturer in bulk and sell them to customers at cost either as a lump-sum charge or over time, allowing the customer to pay for the cart monthly until the cart is fully paid for (2 years at $7.53/mo). In instances where the cart is destroyed or other-wise becomes non-functioning, we have found that typically customers call us expecting that we will fix it or replace it for free, similar to our other residential cart customers. This places us in a position to deny the request, resulting in some very unhappy customers or repairing/replacing the bear cart at a loss, which is what we typically do. In instances of destruction or damage to the cart from mis-use, we don't have any recourse to the manufacturer. In additional to the "breakage" issues, the bear carts aren't conducive to improved productivity of our automation initiative since they require the driver to exit the truck and manually unlatch them. These two issues result in a higher cost to service our bear cart customers. I propose that we discontinue "selling" bear carts to customers and instead have a "bear cart" rate that would reflect the higher cost of the cart and servicing the cart. This would also treat our bear cart customers the same as all other customers in that our rate reflects the cost to provide the cart as well as the cost to service the cart. I've performed an analysis of both the failure rate as well as the additional cost of servicing the bear carts and propose a new bear-cart fee of $23.82/mo. This results in an additional cost of $4.90/mo compared to a regular 32g cart, although there wouldn't ever be a financing charge of $7.53/mo currently being paid. I believe this rate is sustainable given the additional costs mentioned. Existing bear cart customers who have purchased or are financing their carts would be grandfathered in at their current deal unless and until they request a new cart at which time they would be provided the cart and charged the bear cart rate. 3. Sticker program - I know this is a cherished and well used program. We're proposing an alternate system with the same cost that will improve customer experience and efficiency. Currently, the method of using stickers can be problematic and inefficient to service. Not only does the customer have to come to our office to purchase the stickers, but on occasion in the rain and wind, the stickers can fall off and we have no way of knowing if the sticker was ever applied to the cart, resulting in "go-backs" and unhappy customers. Beyond the customer service issues, the sticker program won't allow us to benefit from the automation, because the driver is required to stop, exit the truck and remove the sticker. An alternative to the sticker program that is widely used and that I have personal experience with is "on-call" service. On-call service accomplishes the same intent as the sticker program and the same rate. Rather than pre-purchasing service in the form of a sticker, the customer simply contacts us to arrange a pickup on their next regular collection day. We note the on-call service in our computer which prints the request for the driver on the day of service and also charges the one-time rate (same cost as the sticker). This approach eliminates the requirement of physically coming to our office as well as the occasional "loss" of stickers, Additionally, the driver operating our automated truck can service the customer in the same amount of time as our regular customers. 4. Cart re-delivery fee - Costs to recover a cart, wash it and re-deliver it are a normal part of us doing business. We do this when a customer requests a new cart either because they are changing sizes or changing to or from the sticker program or discontinuing service, or starting service, etc. Cart delivery becomes costly and not a normal part of doing business when a minority of customers make multiple requests during the year. This will drive costs up for everyone, even though most customers don't make multiple changes. I suggest we invoke a cart re-delivery fee of $20, allowing each customer the benefit of one free re-delivery per year. In other words, we would charge the $20 on subsequent requests. I have seen this used effectively in other service areas to provide for the occasional customer to make a change free of additional charge while ensuring the customer who "abundantly" makes use of multiple changes pays an appropriate charge. CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting Continued discussion of financing options for tactics to address downtown behavior issues FROM: Dave Kanner, city administrator. dave.kanner a,ashland.or.us SUMMARY The Council is considering a number of actions the City might take to address behavior issues in downtown Ashland and has requested a discussion of how these actions might be financed. Attached is a memo that was prepared for the Council's Feb. 1, 2016, study session that addresses financing. In general, the City can raise revenues (create new revenues sources or increase existing sources), cut expenditures in other areas of the budget and re-direct expenditures BACKGROUND AND POLICY IMPLICATIONS: At its February 1 study session, the Council discussed a variety of actions that could be taken to address downtown behavior issues, eventually settling on four that were deemed worthy of further exploration: 1) Adding four police cadets to the APD force during the summer months; 2) Social outreach workers to work with the local homeless community; 3) Waiting to see what the community brought forward concerning a downtown ambassador program; and 4) Determining actual annual costs the City of Medford paid to Jackson County for jail bed rentals. Each of these is discussed below. 1. Addin r four police cadets to the APD force during the summer months. The cost of adding four cadets $25,000 - can probably be absorbed in the Police Department's budget thanks to low oil prices, which have resulted in General Fund expenditures for fuel that are well below budget. Fiscal year to date (through January 31), the Police and Fire Departments had underspent their fuel budgets by $29,773. If gas prices stay low, staff projects the total savings in the Police Department's current biennium budget will amount to roughly $67,000. (The U.S. Department of Energy currently predicts that gas prices will remain stable through 2016 and increase slowly to $2.21/gal. (retail) in 2017.) It would therefore seem fairly safe to transfer money from the Police Department materials and services budget to its personal services budget to pay for four additional cadets, at least for this summer. 2. Social outreach workers to work with the local homeless community. At the February I study session, the Council requested that staff solicit letters of interest from local social service providers to determine whether anyone is interested in providing this service. This solicitation was issued the following week, using a list of agencies provided by the United Way of Jackson County. Community Works is the only organization that responded affirmatively. They propose a budget of $38,189 to have two outreach workers on the street for five months (May - September). As with the cadets, this program could be funded by using the savings on fuel costs in the Police Department budget. Page 1 of 3 ~r CITY OF -ASHLAND However, as your budget officer I would strongly caution against over-reliance on anticipated savings this early in the budget cycle. This is especially true because we are still in contract negotiations with the Police Association and resultant contract costs could exceed budget, in which case these materials & services savings will be needed for increased personnel expenses. 3. Waiting to see what the community brought forward concerning a downtown ambassador program Staff is not aware of any proposals that have been brought forward from the community. As stated in the February 1, 2016, Council communication on this issue (attached), the cost of a downtown ambassador program would likely be about $35,000; a cost that could be higher or lower, depending on whether the City hires ambassadors as temporary employees or contracts with the Chamber of Commerce to provide the service. 4. Determine actual annual costs the City of Medford paid to Jackson County for jail bed rentals. Although we don't know what Medford pays annually for its jail beds, we do know that they pay only for the days actually used and Jackson County is offering Ashland the same terms and conditions. While it is true that Jackson County would charge us only for those days the beds are in actual use, we must budget as if all beds are in use on all days. The annual cost of renting two beds would be $73,000. Ashland's actual cost would depend on sentencing decisions made by the Municipal Court judge; decisions that are beyond the reach of the Council, city administration or the Police Department. In 2015, Municipal Court sentenced people to a total of 200 days in jail. (Note that these defendants were actually sentenced to the work center, which is a no-lockdown facility from which people can leave during the day.) Of these defendants, two failed to show up for their sentences and there are currently warrants outstanding for them. One defendant was medically discharged. The remaining eight were sentenced to a total of 130 days and actually served 92. At $100/day, these defendants, if held in jail for their full sentence, would have cost $20,000 under the proposed agreement with Jackson County. Even knowing how many individuals have been sentenced to jail terms in the past is not necessarily helpful, since having dedicated beds could motivate the judge to impose a jail sentence more frequently. There is also a question as to whether we would or should allow the Circuit Court to sentence people to serve time in the jail beds we'd rent for crimes that are committed in Ashland, but for which the defendants would otherwise be "matrixed" out by County jail staff. I would not recommend attempting to find this money in the general fund, which started the budget cycle with a much lower than recommended fund balance and which will face intense budget pressures in the next biennium, unless the Council is willing to reduce the funding available for social service or economic development grants in the second year of the current biennium. It would be preferable to seek the money in another fund with a healthy fund balance (e.g., water or wastewater, or a committed reserve such as the downtown parking fund), but this approach is also fraught with practical and political pitfalls. COUNCIL GOALS SUPPORTED: Public Safety, 23. Support innovative programs that ps°otect the community. FISCAL IMPLICATIONS: Described above. Page 2 of 3 CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council determine which tactics it wishes to pursue and direct staff to prepare any budget adjustments that may be necessary to implement them. SUGGESTED MOTION: I move to direct staff to implement the following tactics: • Hire four additional cadets in the Police Department for the summer of 2016; and/or • Contract with a social service agency for street outreach workers during the summer of 2016; and/or ~ rP • Contract with Jackson County for the rental of two dedicated jail beds; and , • To take the necessary actions to adjust the budget in order to fund the approved tactics. ATTACHMENTS: Council Communication, February 1, 2016, study session Minutes, February 1, 2016, study session Memo to Council, January 27, 2016 Page 3 of 3 I ` CITY OF ASHLAND Council Communication February 1, 2016, Study Session Discussion of approaches to downtown behavior issues FROM: Dave Kanner, city administrator, dave.kanner a ashland.or.us Dave Lohman, city attorney, dave.lohman a ashland.or.us Tighe O'Meara, police chief, tighe.omearanashland.or.us SUMMARY: This is a continuation of the study session discussion begun at the Council's January 19, 2016, meeting. The Council requested that staff compile information on various approaches to addressing the downtown behavior issues that plagued the City last summer. 'This report addresses six specific tactics that have budgetary implications. At the January 19 meeting, the Council decided to focus in the short-term on three of those tactics: hiring two additional police cadets; hiring social service outreach workers during the summer months; and creating a downtown host or ambassador program. In addition to these tactics, the City Attorney is seeking Council input on possible ordinance changes to address aggressive public misconduct, and the Police Chief has instituted operational changes to increase police presence downtown. Staff will also present potential funding options at this study session. BACKGROUND AND POLICY IMPLICATIONS: Prompted by reports last summer of increasingly aggressive behavior by people and dogs in downtown Ashland, the Council at its November 2 and November 16, 2015, study sessions, discussed steps the City might take to address these behavior issues. Tactics discussed by the Council fell into the following broad strategic categories: • Changes to the Municipal Code to provide additional tools to law enforcement, • Education and information to the community and visitors to change attitudes toward panhandling; • Enhanced law enforcement and/or uniformed presence; and • Community responses (not necessarily involving City government). Staff subsequently prepared for Council a list of actions that are recommended as priorities, primarily because they have budgetary implications and as such may require additional resources that should be identified as soon as possible in order to implement these in the upcoming tourist season should Council wish to do so. Those actions are as follows: • hiring two new police officers; • adding to cadet positions to the Police Department; • renting to jail beds from Jackson County; • hiring social service outreach workers to connect with homeless and transient individuals; • education and signage for visitors and residents; and • creating a downtown host or ambassador program; Page ] of") ~r, CITY OF ASHLAND Each of these actions is discussed in greater detail below. 1. Hire two new police officers ($210,000). Operational changes in the Police Department can improve police presence downtown by assigning one officer per fully staffed shift to downtown. in addition to the CAP officer. However, this will come at the expense of having a school resource officer, participation in the Medford Area Gang and Drug Enforcement team, and the Jackson County High-Tech Crimes Task Force. Hiring two new officers significantly increases the likelihood that all shifts would be fully staffed, thus allowing additional officers to be assigned not only to the downtown area but to targeted patrols in south Ashland, which has also been a problem area. Note that, even if hired today, new officers would not be on the street in time for the start of the 2016 tourist season. 2. Add two cadet positions to the Police Department ($10.000). The Ashland Police Dcpartment has in each of the last two summers hired four college students enrolled in the criminal justice curriculum at SOU or RCC to work as cadets assigned to downtown. The cadets do not have full law enforcement authority, however they do receive law enforcement training and create a uniformed presence downtown. Adding two cadets would improve coverage. However, the department has struggled to find even the 1-our qualified cadets it hires each summer. Two more cadets could probably be found by lifting the requirements that cadets be enrolled in a criminal justice curriculum. 3. Rent two jail beds from Jackson County ($73,000). The use of rented jail beds for pre-conviction lodging is problematic due to the legal requirement for arraignment within 36 hours. Jail beds may be useful for post-conviction sanction as a means of sending a firm message to offenders that conviction of criminal misbehavior in downtown Ashland will result in jail time. The logistical problems associated with renting and using jail beds is discussed in a separate attached memo. 4. Social service outreach workers downtown from May through September ($37.000 TWO outreach workers (one man, one woman) would be assigned to work downtown during the summer months for the purpose of connecting homeless and transient individuals with social services. (Estimate provided by Community Works) 5. Education and side downtown (<$5.000). Informational signs on City street lights and lampposts to remind residents and visitors of responsible ways to donate money to help the homeless and others in need and to reinforce other ordinances in effect in the downtown area. The Ashland Lodging Association and Chamber of Commerce are reportedly working on a "give responsibly" campaign and whatever the City does with regard to signage should be consistent with that campaign. A 12" x 18" metal street sign is $60. 6. Downtown ambassador program ($35,000). Ambassadors are uniformed non-law enforcement customer service liaisons who patrol downtown on foot, offering information to visitors and serving as eyes and ears on the street. This estimate covers the cost of hiring, training, outfitting and equipping two temporary employees from May through September at living wage with no benefits. This estimate provides 40 hours a week of coverage. The cost of providing additional coverage increases proportionately. It is recommended that ambassadors work in pairs. There are several ways to structure this type of program that are still being explored. Page 2 of 3 !r, CITY OF ASHLAND One is to have the City directly hire and supervise the ambassadors as temporary City employees. Or the City could contract with the Chamber of Commerce to offer this program and provide funding to the Chamber for it. Or the City could contract with one of any number of service providers who offer downtown ambassador or host services. This latter option is likely to increase the cost of the program however, as this Council communication is being written, we have not yet received any estimates. The Council discussed these actions at its January 19, 2016, meeting and agreed to focus on hiring police cadets, hiring social service outreach workers and creating a downtown ambassador program. The combined cost of these three tactics is estimated at $82,000. Funds have not been budgeted for this. As such, the Council must identify new revenues. cut programs elsewhere in the budget and re- direct the money to these programs, or take a one-time transfer from contingency. Each of these options is discussed in a separate memo, which is attached. Also attached is the City Attorney's table showing existing laws pertinent to the downtown behavior issues under discussion (on page l) and possible new ordinance provisions addressing such behavior (on pages 2 and 3). COUNCIL GOALS SUPPORTED Public Safety 23. Snq)j)ort innovative 1»°ogi°ams that I)i oteet the community. FISCAL IMPLICATIONS: Described above. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. This item is for discussion and direction to staff. SUGGESTED MOTIONS: N/A. This item is for discussion and direction to staff. ATTACHMENTS: Memo regarding funding options Memo from Chief Tighe O'Meara Spreadsheet of potential actions Table: Public Misconduct and Potentially Applicable Laws Page 3 of 3 ~r, City Council Study Session FcbruarN, 1. 2016 Pace 1 of") MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, February 1, 2016 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Rosenthal, Marsh, Voisin, Lemhouse, and Seffinger were present. 1. Public Input Braveheart Peter Lavoie/62 Westwood/Moved to Ashland in September and shared his impressions of the behavior issues downtown and the travelers. He appealed to residents and leaders to practice more compassion and less power when dealing with these unfortunate people and those passing through town. He referenced the International Peace Day that occurred in September and thought the Mayor spoke well. He also talked to Police Chief Tighe O'Meara and believed these two leaders and others were sincere in fostering peace. This was an opportunity to foster peace beginning with the behavior issues occurring downtown. It was also an opportunity to lead by being an example of common decency, care, compassion, and respect to fellow citizens and the visitors traveling through town. He shared his background working with the homeless and his own issues with travelers. He found keeping his heart open, seeing and listening to the travelers gave them the strength to carry on in a more dignified way. He could not change any of the recent laws that would go into effect but encouraged Council to practice compassion. Mayor- Stromberg commented that Mr. Lavoie's remarks implied Council was not compassionate and did not care about homeless people. That was not true. Council was dealing with complex issues and hoped as Mr. Lavoie followed the discussion on downtown behavior he would have a better understanding what Council was trying to accomplish. Huelz Gutcheon/2253 Hwy 99/In order to stop climate change people had to reduce carbons 6% yearly. If this had started ten years ago, it would have been 3%. Delaying it until 2020 would increase it to 15%. Ashland was growing 1% each year. Ile equated each gas tank in the United States as taking a chunk of flesh from those outside the country and explained these people could sue $1,000 per gas tank for forced relocation. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Continued discussion of planning for City Hall replacement Public Works Director Mike Faught, Superintendent Mike Morrison, Eric. Watson from Miller Consulting Engineers and John Kennedy from Vitus Construction provided the staff report. City Hall would need a seismic upgrade in order for occupants to leave the building safely during a seismic event. It was difficult to quantify a Richter scale event. City Hall had a site-specific short acceleration of .62 while Portland was at a .9 site-specific acceleration. Portland's site-specific acceleration equated to a 7.0 event on the Richter scale. Ashland's scale was unknown at this time and required further study. They were designing for a 500-year event where 1% of the building would collapse. If a maximum credible earthquake occurred, 10% of the building would crumble. The seismic upgrade and soft costs were $236 per square-foot, included the current footprint of City Hall, and did not include costs to relocate staff. In addition to a seismic upgrade, City Hall needed mechanical, electrical, plumbing, egress, fire suppression, and tenant improvements resulting in a total of $576 per square-foot. Rebuilding the current City Hall and City Council Study Session Februarv 1. 2016 Page 2 of") replacing everything but the north and west wall was $405 per square-foot and did not include temporary relocation costs. Building a new facility on City owned property was $450 per square-foot. City Administrator Dave Kanner explained the City owned the building. There was a reversionary interest in the deed that if the City stopped using the building for public purpose it reverted to the family that donated the property in 1889. In that event, they would try to locate the heirs to the original donor. If the City could not locate the heirs, they could file a suit to quiet title and squelch the reversionary interest. That was a long complicated process with no certain outcome. The building was historic and lie doubted the State Historic Preservation Office (SHPO) would allow the City to demolish the entire structure. He suggested rebuilding City Mall with four stories instead of two to solve current space issues. It would require a general obligation bond from the voters. Staff would bring Council a scope for bid at $88,000 that looked into rebuilding City Hall, adding another floor to the Community Development building, and building, a new City Hall at the Lithia Way property. 4. Discussion of approaches to downtown behavior issues City Administrator Dave Kanner reviewed three funding options that included raising revenues, cutting something already appropriated to redirect the money, or contingency. Staff researched increasing the City's property tax levy with a current tax rate. Once a City adopted a biennium budget, it could not increase the tax rate without a popular vote. Another option would refer a public safety serial levy to the voters. In order to approve a serial levy and collect the money in the next fiscal year the vote would have to occur in May. It would not require a double majority. It could go in September with a double majority. Going out for a vote in November, the City could not collect the money in the next fiscal year. The other option was impose a .62-cent utility surcharge on a 3/4-inch meter. Council could amend the Food and Beverage Tax for downtown issues but needed to consider all the potential uses before deciding. This topic was on the agenda for the February 29, 2016 Study Session. Transient Occupancy Tax (TOT) funds were restricted to real property improvements that supported tourism and tourism promotion and would not apply to hiring police cadets, downtown ambassadors, or social workers. Council could allocate social services grant money. Police Chief Tighe O'Meara explained the hiring and training process for the cadet program. Changing the scope of the position to a community service officer was a good idea but could cause issues with the union. The Police Department was currently working through a cadet eligibility list and would redefine requirements to attract more applicants once they started the hiring process for two additional cadets. Council suggested adding four new cadets instead of two. Chief O'Meara noted the cadets carried radios, not weapons, and explained a radio was an officer's first and best protection. Cadets worked 16 hours a week. Chief O'Meara went on to address renting jail beds and explained the contract obligated payment regardless of whether a prisoner was using the bed but in general practice they only charged when the bed was in use. Post-conviction bed rental was preferable to pre-conviction. Council noted there were people in the community interested in developing a volunteer ambassador program. Other Council comment expressed interest in building up the Police Volunteer Program. Mr. Kanner met with Community Works regarding social service outreach workers. They could hire two people to work May through September and would provide supervision for $37,000. The Mayor and Council expressed some concern with the last time the City contracted with Community Works. One comment suggested making the contract a competitive procurement process or use the ambassador program for social service work. Mr. Kanner clarified ambassadors typically provided customer service and City Council Study Session February 1. 2016 Page 3 of 3 uniformed presence, not social services. Council suggestions included redirecting funds from the Ashland Community Resource Center, hiring a caseworker, and possibly using social service grant money to field the caseworker. Council concern not think social outreach would address behavior since the majority of the people in the downtown area were aware of the services available to them. Councilor Voisin noted one element that was missing was the voice of the homeless and travelers. They were not able to attend Council meetings or Study Sessions because of the time the meetings began. She suggested having a forum with the leaders of the homeless and transients. They had suggestions regarding behavior. Mayor Stromberg suggested lie and COUncllot- Voisin arrange a meeting with these individuals. Councilor Voisin was also working with Pam Hammond regarding a code of conduct that would apply to everyone and had consequences. Council was interested in adding more cadets to the cadet program, waiting to see what the community brought forward concerning the ambassador program, and creating a one-page proposal for social service outreach workers to circulate throughout the community. The Mayor added determining actual annual costs the City of Medford paid to Jackson County for jail bed rentals. Councilor Lemhouse addressed earlier comments made by Councilor Voisin indicating Council had not allowed a certain population to be heard and explained why the statement was unfair. City Attorney Dave Lohman distributed two documents submitted into the record on public misconduct and a code of conduct resolution. The Public Misconduct and Potentially Applicable Laws had three columns. The first column depicted recent complaints about specific misconduct. The second column described existing laws and the third contained comments and background. Page 2 of the document addressed possible new ordinances and amendments. Page 3 noted complaints regarding rude behavior. As long as it did not involve physical threats, the City could not address this form of behavior due to constitutional limitations. The code of conduct resolution originated in 1995 and Mr. Lohman modified language for current relevance. If Council was interested in discussing the potential new ordinances and resolution, he could have them ready for a meeting in March. Council wanted ADA accessibility added to the stationary persons hindering sidewalk passage ordinance. Other Council comment questioned whether the new proposed ordinances would solve behavior issues currently occurring downtown. Mr. Lohman suggested Council send him a list and reiterated there were certain things the City could not do. Mr. Lohman would bring the potential ordinances to a Council meeting for consideration of possible first readings. Council could also discuss existing and potential ordinances, additions, and amendments to the code. Meeting adjourned at 7:46 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF -ASHLAND Memo DATE: January 27, 2016 TO: Mayor and City Council FROM: Dave Kanner, city administrator RE: Funding options for downtown behavior tactics At the conclusion of the study session discussion at the January 19 meeting, the Council requested that I prepare for the February I" study session options for funding three of the suggested actions for addressing the downtown behavior problems. Those actions are, 1. Hire two new police cadets; 2.Hire social service outreach workers to work downtown during the summer months; and 3.Create a downtown ambassador program. The total estimated cost of these tactics is $82,000 annually (to start). In general, funding for these actions must come from either increased revenues or by cutting other items in the adopted budget and redirecting those budgeted funds. A third option of simply taking the money out of General Fund contingency is discussed below but is not recommended. Option 1: New revenues Three proposals are presented here for your consideration. 1. Increase the city's property tax Levy within its permanent tax rate. 2. Impose a utility billing surcharge for public safety. 3. Refer a public safety serial levy to the voters. 1 Increase the city's property tax Levy within its permanent tax rate. Under Oregon's property tax system, every city has a permanent tax rate which constitutes the maximum rate it can assess for property taxes. Ashland is among a very small handful of cities that charges less than its maximum rate. The city charges 8.92 cents per thousand dollars of assessed valuation less than is permitted by law. Levying the maximum tax rate would raise an additional $205,000 annually. Raising an additional $82,000 from property taxes would require raising the tax rate by approximately 3.6 cents. An increase of 3.6 cents would increase the tax bill of a house with a maximum assessed value of $300,000 by $10.80. However, the Council cannot unilaterally raise the tax rate. Under Oregon law, the Budget Committee sets the City's tax rate. The Budget Committee has already established the tax rate for the 2015-17 biennium. Therefore, the Budget Committee would have to convene this spring to reestablish the rate for fiscal year ' 17. If the Budget Committee declined to do so, this option would not be available to the Council. PROS • A reliable and predictable source of revenue. • The revenue grows annually at a relatively predictable rate. • Spreads the funding burden proportionately across all property taxpayers. CONS • Non-profits, government agencies and others who do not pay property taxes receive the benefit but pay nothing for it. • Dependent on Budget Committee concurrence in future budget cycles. 2. Impose a utility billing surcharge for public safety. As the Council did with the Ashland forest resiliency project, a utility billing surcharge could be imposed for these proposed downtown behavior actions. A surcharge starting at 62 cents for a 3/4 inch meter (96% of the water meters in Ashland) would raise $82,000 annually. PROS • A reliable and predictable source of revenue. • Spreads the cost-sharing burden to those properties that do not pay property taxes. • Can be imposed by Council action, without Budget Committee or voter concurrence. CONS • There is no nexus between water bills and public safety downtown. • Does not grow year-to-year (unless Council acts to raise the surcharge), as the number of new meters is not growing substantially. 3. Refer a public safety serial levy to the voters. Oregon law allows the city, with voter approval, to levy a property tax for a specific purpose for up to five years. In this case the Council could refer to the voters a tax Levy specifically for the purpose of supporting these downtown behavior actions and possibly other public safety functions. Currently in Ashland a tax of one cent per thousand dollars of assessed valuation raises about $23,000 a year. If a serial levy was approved by voters in the May primary election or a September special election, the revenue would be available to the city in the current biennium. However, if the levy was not approved until the November election the funds would not be available until the following biennium. PROS • A reliable and predictable source of revenue • Revenue grows annually at a relatively predictable rate • Revenue is restricted, so voters can be assured it will not be diverted to other uses. CONS • This is by nature a limited-duration source of revenue. A serial levy can be no longer than five years. • Voter approval is not assured. It is therefore hard to plan on the availability of the funds. • If voters say "no," are they saying no to the idea or are they supportive of the idea but opposed to this funding method? There are other revenue-raising ideas that staff discussed. These could be considered as part of a revenue-raising package, but probably could not stand alone as a revenue-raising measure. These include the following: Imo, • An increase in the parking ticket surcharge. The city applies a surcharge of $4 to all parking fines. The money is used for debt service on the parking garage and other parking related improvements in the downtown area. Increasing the surcharge to $6 would raise $15,000 annually. • A business license surcharge. A surcharge could be applied to businesses licensed in downtown Ashland. However, in order to raise a significant amount of money, the surcharge would likely have to be usuriously high. For this reason alone, staff would have difficulty supporting it. In addition it places a disproportionate burden for funding solutions on downtown businesses when this is in fact a communitywide problem. Even a business license surcharge on all of the 1700 business license holders Nvith Ashland addresses would have to be relatively high in order to raise a significant amount of revenue. Option 2: Cut other items in the adopted budget and re-direct appropriations It is highly unlikely that anything can be cut in the budget that will not meet with stiff resistance from affected constituencies and virtually everything in the budget has a constituency. Having said that however, the first place to look for cuts would be in those areas that do not directly impact city operations. That would mean cutting the dollars available for social service grants, economic development grants, and economic development projects. Reducing the social service and economic development grants by 21 % in the second year of the biennium would produce $62,000. The budget for economic development projects could be reduced by $20,000, thus generating $82,000 to spend on these downtown behavior actions. The economic development budget typically contains an "immediate opportunity fund," which is unassigned money that can be used for projects and programs that were not anticipated at the time the budget was developed. There is $25,000 in the current biennium budget for this purpose. In the past, this money has been spent on such things as sponsorship of the SOREDI site selector tour, an enterprise zone promotional piece that went to all eligible businesses and property owners, Innovator Conference sponsorship, etc. Option 3: General Fund contingency transfer Staff does not recommend this option for several reasons. First, the contingency's true purpose is to cover unplanned deficiencies at the end of the budget cycle. Therefore, tapping into contingency this early in the budget cycle carries some considerable risk. (Bear in mind that the General Fund contingency may also have to cover deficiencies in the Parks Fund and as-yet undetermined increases in Police and Fire personnel costs resulting from union negotiations.) Second, the other primary purpose of a contingency fund is to cover the cost of emergencies when such emergencies arise. It is not to cover the cost of planned and potentially ongoing operational expenses. While this is certainly a worthy activity, it's not an emergency with no other potential source of funding. Third, because the Budget Committee was so generous with the General Fund add packages last spring, the City may end this biennium with a lower than recommended fund balance in the General Fund. It would thus be prudent to conserve our contingency to the greatest extent practical in order to maximize our beginning fund balance in the next biennium. IA, CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting A Resolution Submitting to the Voters in the November 8, 2016, Election an Ordinance Establishing a Tax on the Sale of Recreational Marijuana and Marijuana-Infused Products in the City of Ashland FROM: Dave Kanner, city administrator, dave.kanner a ashland.or.us SUMMARY At its February 16, 2016, meeting, the City Council approved ordinance no. 3121, establishing a 3% tax on the sale of recreational marijuana and marijuana-infused products at OLCC-licensed retail establishments in the City of Ashland. Under state law, this ordinance does not go into effect until approved by voters in a general election. This resolution refers the ordinance to the November election and establishes the ballot title language. BACKGROUND AND POLICY IMPLICATIONS: The Oregon Legislature, in its 2015 session, approved HB 2041, which allows cities and counties to impose by ordinance a tax of up to 3% on the sale of recreational marijuana and marijuana-infused products at OLCC-licensed retail establishments within their boundaries. The law further requires that such an ordinance does not take effect until approved by the voters of the city or county in a general election. The City Council approved ordinance no. 3121, establishing a 3% tax on the sale of recreational marijuana and marijuana-infused products at OLCC-licensed retail establishments in the City of Ashland, at its February 16, 2016, meeting. This resolution refers the ordinance to the ballot, as required by state law, and establishes the ballot title language. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: It is unknown and difficult to determine how much might be raised by a 3% tax on retail marijuana sales, since it is nearly impossible to predict what prices will be charged and what volume will be sold in Ashland. A straight-line, population-based extrapolation of Legislative Revenue Office estimates for state marijuana tax collection in FY 2018 would indicate that a 3% sales tax in Ashland could raise $20,000 to $30,000 annually. (The LRO also postulates that tourism could have a significant effect on marijuana revenues, which could be especially true in Ashland, with its tourism-based economy.) Again, given the large number of unknowable variables, these numbers should not be relied upon for fiscal planning purposes. We will not know how much could be raised by a marijuana tax until/unless the City starts collecting it. Page 1 ot'2 ! CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution. SUGGESTED MOTION: I move approval of a resolution submitting to the voters in the November 8, 2016, election an ordinance establishing a tax on the sale of recreational marijuana and marijuana-infused products in the City of Ashland. ATTACHMENTS: Resolution Proposed ballot title language Ordinance no. 3121 Page 2 of 2 ~r RESOLUTION NO. 2016- RESOLUTION OF THE CITY OF ASHLAND TO SUBMIT TO THE VOTERS AT THE NOVEMBER 8, 2016, GENERAL ELECTION AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF RECREATIONAL MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN THE CITY OF ASHLAND. RECITALS: A. The voters of the State of Oregon in November 2014 approved ballot measure 91, which legalized the possession, cultivation and sale of marijuana by adults aged 21 and older. B. The Oregon Legislature in its 2015 session approved House Bill 2041, which gives Oregon cities the right to impose a general sales tax of 3% on the sale of marijuana by OLCC-licensed retail outlets, if such tax is approved by the voters in a general election. C. The Ashland City Council has approved an ordinance to impose such a tax and now seeks voter approval, as required by Oregon law. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council submits to the qualified voters of the City the Question of approving or rejecting "An Ordinance Establishing a Tax on the Sale of Marijuana and Marijuana-Infused Products in the City of Ashland," as approved by the City Council on February 16, 2016, and which shall become effective only upon its passage by the electorate. SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached Ballot Measure Notice, not later than 61 days prior to the elections. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 3. The City Recorder shall give notice of the election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 4. The ballot title for this measure is set forth in Exhibit A, attached. SECTION 5. The City Attorney is authorized to alter the text of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirement of Oregon law. The resolution is effective upon signing by the Mayor. Page 1 of 2 PASSED and ADOPTED this _ day of , 2016: Barbara Christensen, City Recorder SIGNED and APPROVED THIS day of , 20l 6: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 EXHIBIT A City of Ashland, Ballot Measure, November 8, 2016, General Election Approval of an ordinance establishing a tax on the sale of recreational marijuana and marijuana-infused products in the City of Ashland. Caption: Approving a 3% Ashland sales tax on recreational marijuana Total 9 ii,or(ls (10 tivords perrrritted per ORS 250.035) Question: Shall Ashland voters enact a Council-approved ordinance establishing a 3% tax on recreational marijuana sold by a licensed marijuana retailer? Total 20 ii,ords (20 tii~ords 1)ernW1ed 1)er° ORS 250.035 20) Summary: The Ashland City Council approved an ordinance establishing a tax of 3% on the sale of recreational marijuana and recreational marijuana-infused products by OLCC-licensed retail outlets within the city limits. Under state law, this ordinance does not become effective unless approved by the voters. The 3% tax rate is the maximum a city can assess under state law. The tax applies only to the sate of recreational marijuana and recreational marijuana-infused products in OLCC-licensed retail outlets. It does not apply to sales of medical marijuana in dispensaries licensed by the Oregon Health Authority. The local tax is over and above the 17% state tax applied to sales of recreational marijuana. Total II1 words (175 tivords permitted per ORS 2.50.035) Explanatory Statement: Passage of this ballot measurel enact an ordinance approved by the Ashland City Council tJt imposes a 3% tax on the sale of recreational marijuana and recreational marijuana-infused products in OLCC-licensed retail outlets in the city. The voters of the State of Oregon in November 2014 approved ballot measure 91, w legalized the possession, cultivation and sale of marijuana by adults aged 21 and older. M40 The Oregon Legislature in 2015 approved House Bill 2041, v~h imposes to tax of 17% on recreational marijuana sales and gives Oregon cities the right to impose a sales tax of up to 3% on the sale of recreational marijuana and marijuana-infused products by OLCC-licensed retail outlets, if such tax is approved by the voters in a general election. This tax, if approved, would go into the City's General Fund, which pays for services such as Police, Fire and Parks. These taxes apply only to recreational marijuana and not 1 to medical marijuana, which is sold in dispensaries licensed by the Oregon Health Authority. AM~~~ lk~ 5 V It c d at this time how much moneys ould be raised by a local marijuana tax, as that is dependent on the number of retail outlets that are licensed in Ashland, the price of the marijuana sold and the volume of sales. The City's 2015-17 biennial budget includes a placeholder figure of $1,000 for marijuana tax collections, with the money going to the City's General Fund. Result of a `No" Vote If this measure does not pass, Ashland will be unable to impose a tax on the sale of marijuana and marijuana-infused products at OLCC-licensed retail outlets in the City at this time. Th 17% state tax would continue to be imposed. Total 284 wo -ds (500 ii7orcls pet°inrtlcd pei° (SRS 246.150, 251.305 & 251.325 500) 2 ORDINANCE NO.,~ 1 a AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN THE CITY OF ASHLAND AND REFERRING SAID TAX TO THE VOTERS OF ASHLAND IN THE NOVEMBER 8, 2016 GENERAL ELECTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold fined through and additions are bold underlined. WHEREAS, Article 2, Section I of the Ashland Cit,, Charter provides: Powers of the City. The Cite shall have all powers which the constitutions, statutes and common law of the United States and this State expressly or impliedly grant or allow municipalities. as fully as though this Chartcr specifically enumerated each of those powers, as swell as all powers not inconsistent vyith the foregoing and. in addition thereto. shall possess all powers hereinafter speci Gcally granted. All the authority thereof shall have perpetual succession. WHEREAS, the City desires to tax the retail sale ol'marijuana and marijuana-infused products within the City. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Title 4 Revenue and Finance of the Ashland Municipal Code, "Tax on Sale of' Marijuana and Marijuana Infused Products," is hereby amended as follows: Section 4.38.010 Purpose For the purposes of this Chapter, every person ,who sells marijuana or marijuana-infused products under a license granted by the Oregon Liquor Control Commission for such purpose in the City of Ashland is exercising a taxable privilege. The purpose of this Chapter is to impose a tax upon the retail sale 01' marijuana, medierl mt rrfr, and marijt►ana-infused products. Section 4.38.020 Definitions When not clearly otherwise indicated by the context. the following swords and phrases as used in this chapter shall have the following meanings: A. "Director' means the Director of Finance for the City of Ashland or his/her designee. B. "Gross Taxable Sales" means the total amount received in money, credits, property or other consideration from sales of marijuana. and marijuana-infused products that is subject to the tax imposed by this chapter. C. "Marijuana" means all parts of- the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt. derivative. mixture, or preparation of the plant or its resin, as may be Ordinance No. Page I of 7 defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made fi-om the seeds of' the plant, any other compound, manufacture, salt. derivative nlixtw-C, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. U.-"Ovegon ill Ala1F}j-t nit Vro--i-am"-n}"ns the of€+ee-within-the -Ovego 'o„--Health fart}>toe~i n ~zn><ini tern- the l i~ions of ARfi-=1-- _ , e n r et'. i enl ff rf f u trn~t 4e t, st d-ft ll ►IiE iej; nfl t» ec edtlff=cpertain-tn,4h- veto. ED.`-Person" means natural person, joint venture, joint stock company, partnership. asSOClatlon, Club, Company, Corporation. buslnCSS. trUSt. orgalll/.atlon, ol- ally oroUp or combination acting as a unit. including the United States of America. the State of' Oregon and any political subdivision thereof, or the manager. lessee. agent. servant, officer or employee of any of them. FE."Purchase or Sale" means the acquisition or fnl-nishillg, for consideration by any person of marijuana within the City. G. "I~r~~ 4~i~entifie~ttic ,1i,, ~,'e~ ' rnof~f4~ ~er4on w-1~c~#tfs-Been by an attend -pl`6an wit! f- debilitating medical-contfitio-n a vd-for- vO m--the use of medieal iFl-n]fli ntltigiatc z e-`i=~'■i;l~t oft the kebifi4atin medf 1 ndit:,..,,-anti -whir lifts-; e-en-i," .«<z: it regist --r-ident evitian eaeA-by the Oregon Health AuthoM- I-fh.'`Retail sale' and "retail selling" means the any transfers of goods or services eeli g ft,r any valtiable-eE~ridlti«n exchange, lift or barter of a marijuana item by any person to a consumer. fG."Seller" means any person who is required to be licensed or has been licensed by the State -o Oregon Liquor Control Commission to provide marijuana or marijuana- infused products to purchasers for money, credit. property or other consideration. dH."Tax" means either the tax payable by the seller or the aggregate amount of taxes dtle fi-om a seller dw-ing the period for which the seller is required to report collections under this chapter. K1.-Taxpayer- ineans any person obligated to account to the finance Director for taxes collected or to be collected, or from whom a tax is due. under the terms of this chapter. Section 4.38.030 Levv of Tax A. "]'here is hereby levied and shall be paid a tax by every seller exercising the taxable privilege of retail selling marijuana and marijuana-infused products as defined in this chapter. B. The amount of tax levied shall be evitablis',~",. ~r-xr.-zv- uneil resolution is as follows: 1) Three percent (3%) of the gross sale amount paid to the seller of marijuana and marijuana-infused products by individuals vvho purchase marijuana and marijuana-infused products from the seller. Section 4.38.040 Deductions The following deductions shall be allowed against sales received by the seller providing marijuana: Ordinance No. Page 2 of 7 A. Refunds of sales actually returned to any purchaser, B. Any adlustmcnts in sales which amount to a refund to a purchaser, prOVrding SLICK adjustment pertains to the actual sale of marijuana or marijuana-infused products and does not include any adjustments for other services furnished by a seller. Section 4.38.0.50 Seller- Responsible for Payment of Tax A. Every seller shall, on or before the last da-~ of the month following the end of each calendar quarter (in the months of April, Itlly. October and January) make a return to the Director, on forms provided by the City, specifying the total sales subject to this chapter and the alnOLnrt ofiax collected under this chapter. The seller may reCluest or the Director may establish shorter reporting periods for piny seller if the seller or Director deems it necessary in order to itrsurc collection of the tax and the Director may require Ilu-ther information in the return relevant to payment ol'the tax. A return shall not be considered filed until it is actually received by the Director. I At the time the return is filed, the Cull amount of the tax collected shall be remitted to the Director. Payments received by the Director for application against existin-, liabilities will be credited toward the period designated by the taxpayer under conditions that arc not prejudicial to the interest of- the City. A condition considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Non-designated payments shall be applied in the order oftlic oldest liability first, with the payment credited first toward any accrued penalty, then to interest.. then to the undcrlyilrg tax until the payment is exhausted. Crediting Of' a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest. then to the underlying tax. ICthe Director, in his or her sole discretion, determines that an alternative order of' payment application would be in the best interest of the City in a particular tax Or factual situation; the Director may order such a change. The Director may establish shorter reporting periods for any seller if the Director deems it necessary in order to insure collection of the tax. The Director also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation ol' business for any reason. All taxes collected by sellers pursuant to this chapter shall be held in trust for the account of the City until payment is made to the Director. A separate trust bank account is not required in order to comply with tills provision. D. Every seller required to remit the tax imposed in this chapter shall be entitled to retain five percent (5%) of all taxes due to defray the costs ofbookkeeping and remittance. 1-;. I,vely seller must keep and preserve in an accounting format established by the Director records of all sales made by the dispcusary and such other books or accounts as may be required by the Director. I?very seller must keep and preserve for a period of three (3) vears all such books. invoices and other records. The Director shall have the right to inspect all such records at all reasonable times. Section 4.38.060 Penalties and Interest A. Any seller who fails to remit any portion of'any tax imposed by this chapter- within the time required shall pay a penalty of ten percent (10%) of' the amount of the tax, in addition to the amount of the tax. Ordinance No. Page 3 of 7 13. Any seller who fails to remit any delinquent rcniittanCC on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent (10°/,) of the amotnlt of the tax in addition to the amount of the tax and the penalty first imposed. C. If tlic Director determines that the nonpayment of any remittance due under this chapter is due to li•aud, a penalty of twenty-live percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraplis A and B of this section. D. In addition to the penalties imposed. any seller who fails to remit any tax imposed by this chapter shall pay interest at the rate of one p"-1-cent (I%) per month or fraction thereof on the amount of the tax, exclusive Of penalties. from the date oil which the remittance lust became delinquent with paid. E. Lavery penalty imposed. and such interest as accrues under the provisions of this section. shall become a part of the tax required to be paid. F. Notwithstanding subsection AMC 434.020.(--', all sums collected pursuant to the penalty provisions in paragraphs A and C of this ectioii shall be distributed to the City of Ashland Central Scl-vice fund to offset the costs of auditing and enforcement of this tax. G. NN'aiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.0451). Section 4 38 070 Failure to Report and Remit Tax - Determination of Tax by Director if anN7 seller should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the Director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the Director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any lax imposed by this chapter and payable by any seller, the Director- shall proceed to determine and assess against such seller the tax, interest and penalties provided for by this chapter. In case such determination is made, the Director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the seller so assessed at the last known place of address. Such seller may make all apliCal Of SUCK determination as provided ill sectloll 4.34.080. 11no appeal is filed, the Director's determination is final and the amount thereby is immediately due and payable. Section 4.38.080 Appeal Any seller aggrieved by any decision of the Director with respect to the amount Of' sr►eh tax, interest and penalties, il'an_y, may appeal pursuant to the Administrative Appeals Process in AMC 230.020, except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax due. The hearings ofliccr shall hear and consider any records and evidence presented bearing upon the Director's determination of amount due, and make findings affirming, reversing or modifying the determination. The findings of the hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be clue shall be immediately due and payable upon the service of notice. Ordinance No. Page 4 of 7 Section 4.38.090 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in subparagraph B of this section. provided a claim in writing, stating under penalty of perjury the specific grounds upon %vInch the claim is founded, is filed with the Director within one year of the date of payment. The claim shall be on forms furnished by the Director. B. Tile Director shall have 20 calendar days fi-o►n the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The Director shall notify the claimant in writing of the Director's determination. Such notice shall be mailed to the address prov'idcd by claimant oil the claim form. In the event a claim is determined by the Director to be a valid clairnl. in a manner prescribed by the Director a seller play claim a refund. or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously collected or received. The seller shall notify Director of claimant's choice no later than 15 davs following the date Director mailed the determination. In the event claimant has not notified the Director of claimant's choice witllin the 15 day period and the seller is still in business, a credit will be granted against the tax liability for the next reporting period. If the seller is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the Director acknowledged the validity of the claim. SECTION 4.38.100 Actions to Collect Any tax required to be paid by any seller under the provisions of this chapter shall be deemed a debt oxved by the seller to the City. Any such tax collected by a seller which has not been paid to the City shall be deemed a debt owed by the seller to the City. Any' person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lice of' filing an action for the recovery, the City of Ashland. Nvhcn taxes due are more than )0 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has Complied with the provisions set forth in ORS 697.105_ in the event the City turns over a delinquent tax acCOLlnt to a C011CCtlon agency, It may add to the arllount owing all amount equal to the collection agency fees, not to exceed the greater offifty dollars ($50.00) or fitly percent (501/0) of the outstanding tax. penalties and interest owing. Section 4.38.110 Violation Infractions A. All violations of this chapter are punishable as set forth in ANIC 1.08.020. It is a violation of this chapter for any seller or other person to: 1) bail or refuse to comply as required herein; 2) Fail or refi►se to furnish any return required to be made; 3) Fail or refuse to permit inspection of records; 4) Tail or refuse to furnish a supplemental return or other data required by the Director; 5) Render a false or fraudulent return or claim; or 6) bail, refuse or neglect to remit the tax to the city by the Clue date. Ordinance No. Page 5 of'7 B. Violation of subsections 1, 2, 3. 4 and 6 shall be considered a Class I violation. Filing a false or fraudulent return shall he considered a Class C misdemeanor, SLlbject to AMC 1.08. The remedies provided by this section arc not exclusive and shall not prevent the City from exercising anv other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the Cite or other appropriate prosecutor from pLIrSlling Cr1111111al ChargcS Llndcl' Slate lacy 01' C ily ordlllaIlCC. Section 4.38.120 Confidentiality l,xcept as otherwise required by law. it shall be unlawful for the City. any officer, employee or agent to divulge, release or make l mowrn in any mamma any financial information submitted or disclosed to the City folder the teems of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana is sold or provided; or 13. The disclosure of general statistics in a form which would not reveal all individual Seller's flllanClal 111fU1'lllatlon, 01' C. Presentation of evidence to the court. or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the Director or an appeal from the Director for amount due the City under this chapter; or D. The disclosure of information when such d1SCiOSllre of' conditionally exempt information is ordered under public records lacy procedures; or F.. The disclosure of records related to a business' failure to report and remit the tax when the report or tax is in arrears for over six months of, the tax exceeds five thousand dollars ($5,000). The City Council expressly finds and determines that the public interest in disclosure of Such records clearly outkveighs the interest in coniidelltiality under- ORS 192.501(5). Section 4.38.130 Audit of Books, Records or Persons The City, for the purpose of- determining the correctness of any tar return, 01- for the purpose of- an estimate of taxes due, may examine or may cause to he examined by an agent or representative designated by the City for that purpose, any books, papers, records. or memoranda, inCllldin" copies of seller's state and federal income tax return. hearing upon the matter of the seller's tax return. All books, invoices, accounts and other records shall he made 'w'-liable within the City limits and be open at any time during 1-CLI business hours I'm examination by the Director of, an authorirecl went of the Director. If' any taxpayer refuses to voluntarily furnish anti' of- the foregoing information when rcgLlested, the Director may immediately seek a Suhpoena from the Ashland Municipal Court to require that the taxpayer or a representative of- the taxpayer attend a hearing„ or' produce any such hooks. accoLmts and records for examination. Section 4.38.140 Forms and Rct!ulations A. The Director is hereby aLlthol'ired to prescribe forms and promulgate rules arld regulations to aid in the malting of retln'ns, the ascertainment, assessment and collection of said medieal marijuana tax and in particular and without limiting the general languagge of this chapter, to provide for: 1) A form of report on sales and purchases to be supplied to all vendors:. Ordinance No. _ Page 6 of 7 2) The records which sellers providing marijuana and marijuana-infused products are to keep concerning the tax imposed by this chapter. 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. Savings. Notwithstanding any amendmentlrepeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects th, validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code c and the word "ordinance" may be changed to "cod "article" "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilclplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 5. Pursuant to Resolution No. 2016- , the Ashland City Council has referred this ordinance to the voters for approval at the general election of November 5, 2016. Accordingly this ordinance shall not be effective unless and until approved by the voters of the City of Ashland and following the official acceptance of the canvas of votes. 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 - , 2016; and dul PASSED and ADOPTED this day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this 17 day of 4h1VWC_7 '2016. C~ John Stromberg, Mayor Revie ed as to form: David H. Lo man, City Attorney Ordinance No. Page 7 of 7 CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting First Reading of An Ordinance Adding Chapter 10.130 Intrusive Solicitation to Title 10 Peace, Morals and Safety of the Ashland Municipal Code FROM: David Lohman, city attorney, david.lohman@ashland.or.us SUMMARY The attached proposed ordinance prohibits solicitation where the solicited person could feel pressure to make a contribution because the specific circumstances make it difficult to avoid unwanted solicitation. BACKGROUND AND POLICY IMPLICATIONS: The attached ordinance on intrusive solicitation is one of the outcomes of a series of Council discussions on steps that could be taken to reduce the incidence of offensive conduct on public property in Ashland. The version of this ordinance presented for First Reading has been modified to try to take into account the comments of Council members in their March I discussion of an earlier draft and includes the following substantive differences from that March 1 draft: • A Findings and Purpose section has been added to make clear that the proposed Council enactment is a targeted, reasonable response to a significant City problem. • Proposed Section 10.130.020A more clearly defines the locales where solicitation would be prohibited. • The earlier-proposed prohibition on solicitation of occupants of parked cars has been deleted and such solicitation has been specifically exempted in Section 10.130.020D. • Proposed Section 10.130.02013 bans contributions to pedestrians by occupants of vehicles on roadways as well as pedestrians' solicitation of contributions from such occupants. • Proposed Section 10.130.020D has been added to clearly exempt solicitation of persons in parked cars and solicitation on property under private control with approval of the person in charge. An illustrative example of the latter exemption is that a tip jar for servers at a sidewalk cafe clearly would be permissible. • The penalty for violation (Section 10.130.030) is reduced to Class IV. This means a person found by the Municipal Court to have violated this ordinance would have to pay $106 in court fees in addition to a penalty of up to a maximum of $138.00, depending on the Municipal Judge's conclusion as to the gravity of the violation. COUNCIL GOALS SUPPORTED: Public Safety 23. Support innovative programs that protect the community. Page I of 2 I r CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed ordinance. SUGGESTED MOTION: I move to approve first reading by title only of an ordinance titled, "An Ordinance Adding Chapter 10.130 Intrusive Solicitation to Title 10 Peace, Morals and Safety of the Ashland Municipal Code" [wilh the following changes and move the ordinance on to second reading. ATTACHMENTS: • Proposed Ordinance Page 2 of 2 ~r ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 10.130 INTRUSIVE SOLICITATION TO TITLE 10 PEACE, MORALS AND SAFETY OF THE ASHLAND MUNICIPAL CODE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throu-gh and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The City has received numerous complaints from residents, tourists, other visitors, and business owners about persons soliciting for contributions in circumstances in which the person asked to snake a contribution felt a heightened sense of alarm or was not readily able to walk away. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.130 Intrusive Solicitation is added to Title 10 of the Ashland Municipal Code as follows: SECTION 10.130.010 Findings and Purpose A. Findings. 1. Solicitations for immediate donations of money or any other item of value in certain areas of Ashland have caused solicited persons to feel their freedom to move away to avoid solicitation was restricted. 2. Solicitations for immediate donations of money or any other item of value from occupants of vehicles have interfered with safe vehicle passage, sometimes causing motorists to take evasive action to avoid physical contact. 3. The City has a significant governmental interest in limiting distracting roadside activity to minimize threats to traffic safety. 4. The City has a significant governmental interest in maintaining a safe and inviting environment in public spaces for all residents and visitors, but especially for tourists, because Ashland's economic vitality depends in large part on its status as a singular destination for tourists. 5. To retain the unique character of Ashland, preserve its status as a tourist attraction, foster commercial and cultural activity, and ensure the safety of residents and visitors, the City has a significant governmental interest in reasonable, specific Ordinance No. Page 1 of 3 locational limitations on requests for monev or any other item of value from another person, rellardless of the solicitor's purpose or intended use of the money or other item of value. B. Purpose. The purpose of this chapter is to protect residents and visitors from intimidating discomfiture arising from solicitation at specified locations and from distractions while driving caused by such solicitation. SECTION 10.130.020 Prohibited Intrusive Solicitation A. No person shall orally or in any other manner request a donation of money or other Gratuity from another person if the person to whom the request is made is: 1. Seated at an outdoor or indoor dininIZ area of a restaurant or other establishment serving food for immediate consumption. 2. Within 20 feet of an automatic teller machine or the entrance to a bank, credit union or similar financial institution. B. No pedestrian shall orally or in any other manner request a donation of money or other 14ratuity from an occupant of a vehicle on a highway, road or street within the boundaries of the City of Ashland, and no occupant of a vehicle on a hijzhway, road or street within the boundaries of the City of Ashland shall transfer possession or control of any item of property to a pedestrian. C. No person shall be cited under this section unless the person engages in intrusive solicitation as defined in Section 10.130.020A or B after having been notified by a law enforcement official that such conduct violates this Chapter. D. Exceptions. 1. Section 10.130.020A does not apply to solicitations related to business on the subject premises which is being conducted by or with approval from the owner or the lawful tenants of the premises. 2. Section 10.130.020B does not apply if the vehicle is legally parked. SECTION 10.130.030 Penalty for Violation Any person who violates any provision of this Chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code. Intrusive Solicitation is a Class IV violation. 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 2 of 3 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 , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 CITY OF ASHLAND Council Communication March 15, 2016, Business Meeting First Reading of An Ordinance Amending AMC Chapter 10.64 Obstructing Sidewalks and Passageways FROM: David Lohman, city attorney, david.lohman~ashland.or.us SUMMARY Obstructing pedestrian passageways with objects or dogs is already prohibited by City ordinances. The attached proposed ordinance amendment would make intentional obstruction of pedestrian passageways by people a violation as well. BACKGROUND AND POLICY IMPLICATIONS: The attached amendment to the City's current ordinance on obstruction of pedestrian passageways is one of the outcomes of a series of Council discussions on steps that could be taken to reduce the incidence of offensive conduct on public property in Ashland. The version of this ordinance amendment presented for first reading has been modified to try to take into account the comments of Council members' in their March 1 discussion of an earlier draft and includes the following substantive differences from that March 1 draft: • A Findings and Purpose section has been added to make clear that the proposed Council enactment is a targeted, reasonable response to a significant City problem. • Proposed Section 10.64.020D has been added to identify specific exceptions from application of the ordinance. • The penalty for violation of Section 10.64 is reduced to Class IV. (Obstructing pedestrian passageways under the current ordinance is a Class I violation.) This means a person found by the Municipal Court to have violated this amended ordinance would have to pay $106 in court fees in addition to a penalty of up to a maximum of $138.00, depending on the Municipal Judge's conclusion as to the gravity of the violation. A person could not be cited for violation of this proposed amended ordinance unless the person continues obstructing a pedestrian passageway after having been notified by a police officer that continued obstruction after such notification is prohibited. The definition of "pedestrian passageway" in the current ordinance on obstruction of sidewalks and passageways is reworded in proposed Section 10.64.020C - in an effort to make a necessarily complicated term a bit clearer for purposes of compliance and enforcement. COUNCIL GOALS SUPPORTED: Public Safety 23. Support innovative pr°ograms that protect the coniumnity. Page 1 of 2 ~r CITY OF ASHLAND FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: This item was introduced at the March 1, 2016 City Council meeting, to be further discussed at the March 15, 2016 meeting. SUGGESTED MOTION: I move to approve first reading by title only of an ordinance titled, "An Ordinance amending AMC Chapter 10.64 Obstructing Sidewalks and Passageways" [frith lhe.f )11mi,ij7g changes...] and move the ordinance on to second reading. ATTACHMENTS: • Ordinance Amending AMC Chapter 10.64 Obstructing Sidewalks and Passageways Page 2 of 2 k1raLAS-11 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 10.64 OBSTRUCTING SIDEWALKS AND PASSAGEWAYS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thfou-gh 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, Ashland Municipal Code Chapter 10.64.010A, first enacted in 1968, currently prohibits using public streets and sidewalks for selling, storing, or displaying merchandise or equipment, with exceptions for specific permitted uses. WHEREAS, Ashland Municipal Code Chapter 10.64.01 OC, first enacted in 1994, prohibits placing any object on a public sidewalk which restricts clear passageway for pedestrians, sets the minimum dimensions for clear passageway, and distinguishes exceptions permitted by ordinance. WHEREAS, Ashland Municipal Code Chapter 9.16.070A.9, enacted in 2015, declares obstruction of a City sidewalk by a dog to be a public nuisance. WHEREAS, The City has received numerous complaints from residents, tourists, other visitors and business owners about persons obstructing pedestrian passageways on public sidewalks and entryways to private and public buildings, particularly in the downtown area. WHEREAS, Current City ordinances restrict blockage of pedestrian passageways by merchandise, equipment, other objects and dogs, but do not specifically address obstructing pedestrian passageway by persons. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.64 Obstructing Sidewalks and Passageways is amended as follows: SECTION 10.64.010 Findinl4s and Purpose A. Findings. Ordinance No. Page 1 of') 1. Ashland's economic vitality depends significantly on attracting tourists and other visitors who want to recreate in a pedestrian-friendly environment. 2. Ashland is a singular destination for tourists and other visitors in part because many of its public spaces and cultural and commercial attractions are readily accessible on foot via public sidewalks and other walkways. 3. The space available for pedestrians upon Ashland's public sidewalks and certain other walkways typically ranges from 8 to 12 feet in width. Pedestrian entryways to private and public buildings from public sidewalks are typically even narrower. 4. To retain the unique character of Ashland, preserve its status as a tourist attraction, foster commercial and cultural activity, preserve some sidewalk space for street performers, and ensure the safety of residents and visitors, the City has a significant governmental interest in establishing limits on the obstruction of sidewalks and certain other walkways. B. Purpose The purpose of this chapter is to ensure that public pedestrian passageways are accessible and safe for persons walking and in wheelchairs by regulating the a¢aregation of objects, animals, and people on City sidewalks, walkways and entryways to private and public buildings from City sidewalks. SECTION 10.649 10.64.020 Obstructing passageways A. Except as otherwise permitted by ordinance or by a conditional use permit or by a special event permit, no person shall use a street or public sidewalk for selling, storing, or displaying merchandise or equipment. 1 the property abutting on the street or sidewalk uponvi,hieh the mereha"di pment is loeated removes the merehandisp ...ent within a reasonable time; publie sidewalk whieh restriets the eelleear passageway for pedestrians to less than eight feet, exeept when the sidewalk is less than eleven feet i width, then the measure shall be six feet, or plaee finy objeet on a pub-lie Afflewalk at a stree eorneir or-within five feet of the eurb re B Except as otherwise permitted by ordinance or by a conditional use permit or by a special event permit, no person shall physically preclude other persons' use of a pedestrian passageway by exclusively occupying or placing an object or animal thereon for longer than 5 minutes with the intent to interfere with free passage thereon. C. As used in this Chapter 10.64, a pedestrian passageway is: 1 a The portion of a public sidewalk that is at least 6 feet in width on a sidewalk less than II feet wide; or b The portion of a public sidewalk that is at least 8 feet in width on a sidewalk greater than 11 feet wide. 2 The portion of a public sidewalk that is within 5 feet of any public street, including at a corner where public streets intersect. 3 The point of entry to public or private property from an abutting public sidewalk. D Without excluding other possible forms of evidence, a person is deemed to act with intent to interfere with free passage on a pedestrian passageway as defined in Section 10 64 020B and C if the person continues obstructing a pedestrian passageway after having Ordinance No. Page 2 of 3 once been informed or warned by a law enforcement official of the conduct proscribed in this Chapter. E. Exceptions. The provisions of this Chapter 10.64 shall not apply to a person: 1. Qeliverini4 merchandise or equipment, provided the owner or person in charge of the merchandise or equipment or the property abuttinI4 on the street or sidewalk upon which the merchandise or equipment is located removes the merchandise or equipment within a reasonable time. 2. Unable to comply due to suffering a medical emergency; 3. Unable to comply due to physical or mental incapacitation; 4. Performing a City-approved public safety, maintenance or construction function; 5. Waiting in line for goods or services or for a performance, unless the person refuses to comply with a lawful order of a law enforcement official to form the line in a way that moderates impact on the pedestrian passageway. SECTION 10.64.030 Penalty for Violation Any person who violates any provision of this Chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code. Sidewalk and Passageway obstruction is a Class I IV violation. SECTION 3. 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 4. 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. 3-4, need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _day of 2016, and duly PASSED and ADOPTED this day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3